A Central Administrative Court judge has given a preliminary opinion dismissing villagers' demands to have a say in the Xayaburi hydropower dam project, on the grounds that it is not a state-owned project.
The judge, whose name court officials declined to reveal, also said that a process of public participation had been carried out under the Mekong River Commission (MRC)'s framework and is considered complete. The MRC comprises Laos, Cambodia, Vietnam and Thailand.
The judge was assigned by the court to give a non-binding individual opinion after studying the evidence submitted by both the plaintiffs (37 villagers living along the Mekong River) and the defendants (the Thai government and various agencies).
The court will continue to consider the case before issuing a verdict.
The judge told the court the key issue to consider is whether the project belongs to the government. Based on the definition specified under the Prime Minister's Office's regulation, a state project refers to any project the government invests in or grants a concession to another party for the purpose of social and economic development.
Since the Xayaburi hydropower dam project is located in Laos and the investor is Thai company Ch Karnchang, it is clear the Thai government does not own the project.
She also said the Lao government had a private firm study the project's potential environmental, economic and social impacts, as was required under the power purchasing agreement.
This information was shared with MRC members under its Procedures for Notification, Prior Consultation and Agreement (PNPCA), she said.
She said locals' request for the Thai government to study the trans-boundary impact will overlap with the study done by the Lao government and will lack credibility since all information is with the Lao government.
"It is not a state-owned project so a process of local participation could not be carried out as the locals requested. The project's details are published through various agencies' websites to give people access to information as required by law," the judge said.
"All requests made by the locals should be dismissed," she added.
She said the Lao government has clearly mentioned to the Thai company that the PNPCA practice was complete, and MRC members made no objections.
The Department of Water Resources had also organised four public hearings on the project and submitted locals' concerns to the Lao government, under the MRC framework.