공감

July 23, 2018. Laos. A tragic accident occurred when a saddle dam (Saddle Dam D) of the Xe-Pian Xe-Namnoy Hydropower Project collapsed, resulting in 71 deaths and over 10,000 displacements. At the time, the Xe-Pian Xe-Namnoy dam’s construction was led by a joint venture “PNPC,” of which SK ecoplant (construction) held a 26% stake, and Korea Western Power (power plant operator) held 25%, Thailand’s RATCH (electricity sales) held 25%, and the Lao state-owned company LHSE (electricity sales) held 24% stake each.

(Left) Press conference on the Laos dam collapse in July 2019 / (Right) Attorney Hwang Pil-gyu at the Mekong ASEAN Environmental Week Public Forum, held in Thailand in September 2022.

Two field investigations by Korean civil societies, discussions within the National Assembly, and several debates ensued. However, we soon realized that various circumstances made it difficult for the survivors themselves to make their voices heard. Justice often starts by making it known that someone is watching and did not forget, and that if we do not let go of the thread of care and hope, the possibility of change also does not disappear. It is easier said than done, but GongGam strived not to forget this message and put it into various actions.

On July 24, 2023, the 5th anniversary of the accident, domestic and international civil societies issued a joint statement pointing out that the survivors’ suffering continues even five years after the incident. In addition to the Korean Transnational Corporations Watch, of which GongGam is a member, many international and foreign organizations took part, such as Manushya Foundation, Inclusive Development International, International Rivers, Community Resource Centre (CRC), Thailand, ETOs Watch Coalition, Fair Finance Thailand, and Mekong Watch.

The statement confirmed that SK ecoplant, continuing to deny responsibility for flawed construction, filed a $200 million arbitration claim against PNPC, the official operator of the Xe-Pian Xe-Namnoy dam. Also, of the $91.25 million compensation offered by the companies, 71% was delivered to the Laos government rather than the affected residents. Finally, sustainable livelihoods were still not being guaranteed for the victims who lost their long-standing homes. The joined statement also emphasized the responsibility of all involved parties – SK ecoplant (who directly contributed to the accident), PNPC, the Lao government, and the Korean government (who provided the Economic Development Cooperation Fund (EDCF) for the Xe-Pian Xe-Namnoy Hydropower Project) – to provide relief to the survivors affected by the accident and called for relief measures that truly focus on the survivors’ recovery.

On August 7, GongGam, together with the Manushya Foundation and on behalf of the Korean Transnational Corporations Watch, submitted a report to the UN Committee on Economic, Social and Cultural Rights regarding the Xe-Pian Xe-Namnoy dam disaster. The Committee, ahead of its review on Laos’ social rights situation, will hold a pre-session working group meeting from October 16 to 20 this year to summarize key questions to the Lao government. GongGam filed the report through official procedures, so that the information relating to the Xe-Pian Xe-Namnoy dam collapse could be included within those key questions. The sad fact is that the report by the Korean Transnational Corporations Watch was the only civil society report submitted to the Committee’s pre-session working group meeting before the deadline.

(Left) International Joint Statement in Attapeu, Laos / (Right) Report on the Xe-Pian Xe-Namnoy Dam Collapse submitted to the UN Committee on Economic, Social, and Cultural Rights on behalf of the Business and Human Rights Network.

The questions presented in the report for the UN Committee on Economic, Social, and Cultural Rights to ask the Lao government are as follows:

1. What steps did the government undertake and what steps is it planning to provide the affected communities with information on the cause and responsibility of the collapse of saddle dam D of the Xe-Pian Xe-Namnoy Dam?
2. What steps did the government undertake and what steps is it planning to ensure full accountability of the responsible parties vis-à-vis the affected communities, including criminal prosecution, official apology, full reparation and prevention of reoccurrence
3. Does the government have plans to publish the full report of the IEP?
4. What steps did the government undertake and what steps is it planning to ensure that the affected communities are provided with full reparation including psychological damages and trauma support, and prioritizing the demands and needs of the survivors?
5. Did the government disclose transparently and publicly how the compensation paid by PNPC to the government was spent and the details of the Master Plan? If not, does it have any plans to do so?
6. Does the government have plans to restore the rice fields that were destroyed by the flood?
7. How does the government plan to ensure that the affected communities are provided with sustainable livelihoods? Please provide details.

Although the joint statement and the report were submitted on behalf of the Korean Transnational Corporations Watch, they marked the first time that GongGam took a leading role in issuing joint statements with international organizations and submitting a civil society report for a UN committee review on the human rights situation of a foreign country. I am confident that such cross-border activities will continue to grow both in number and depth – so that the rights of those who are unheard and unseen may be better protected.

Written by Young-ah Park