Lampaniang villagers in Khon Kaen seek compensation from RID's destructive dredging, which has crippled their livelihood

CAITLIN RYAN and ELLIE JONES

Silence permeates the empty courtroom in Khon Kaen; no one but a woman and an administrative court official are present to witness the decision that will determine her fate. She stands alone before the judge, listening anxiously as his words echo around her.

Outside the courtroom door, the line of weathered flip-flops against the flawless tile floor indicates that other villagers have arrived from the countryside. Victims of the same injustice, they eagerly await the verdict that will validate their struggles.

Just 15 hours before, Supanee "Daeng" Sipantabut was in Bangkok, finishing up a 14-hour workday transporting endless stacks of cardboard from a storage facility to a nearby packing company.

This has become her life since moving to the city, mechanically performing the work of a displaced rural farmer.

She works tirelessly alongside her husband before it's time to board the overnight bus back to her village. After her first night home in months, she will make the morning trip to Khon Kaen for her court hearing.

Daeng, of Nongwayai village in Nong Bua Lam Phu province, filed a lawsuit against the Royal Irrigation Department (RID) three years ago asking compensation for the destruction of her land as a result of dredging during the Lampaniang Development Project that began in 2004.

Fighting for compensation from the government has been a long journey, but the end is within sight.

In a historic moment for small people who dare fight for justice from the all-powerful irrigation authorities, the court's ruling is read in her favour. Yet Daeng's face only registers a reluctant smile. She can't afford to linger. Though compensation may be paid someday, right now she can barely pay to come back for future court dates.

But Daeng's decision to sue may have put her on the road to victory and paved the way for other villagers.

Muan Pimkot overlooks a section of the Lampaniang river affected by the development project plight.

Like many problematic irrigation projects, the authorities did not consult or include villagers in the planning stages of the Lampaniang dredging project. Moreover, the villagers say the information RID provided was incomplete and misleading.

Daeng says before the village headman presented her with a consent form, "There was no communication between me and RID at all. If villagers knew the dredging would ruin our land, we never would have let them dredge".

Senior engineer Chumroen Pecharuk of the Nong Bua Lam Phu RID provincial office defends the project, saying it was intended to "reduce flooding and increase irrigation" in the region.

For over 1,000 households in Nong Bua Lam Phu, however, the project has caused adverse effects.

Suprang Khurmion stands on a dredged area of the Lampaniang river.

RID claimed the river would be widened by 15m and only unused land would be dredged. In actuality, RID widened the river by 70 to 100 metres and deepened it by two metres, often dredging into villagers' farmland. Dredged soil was piled on the banks to build up the sides of the river and prevent overflow.

However, during the rainy season, heightened banks prevent rainwater from draining back into the river. Water remains stagnant on villagers' land, worsening flood damage. Additionally, low water levels in the dry season combined with the steep riverbanks make irrigation difficult if not impossible.

For Daeng, the project's negative effects have rendered her farmlands useless. She and many other villagers have lost much of their livelihood and income, forcing them to find work in Bangkok to provide for their families. The government has offered no help for her hardships.

"I was thinking about stopping the suit process but my mother told me I had to continue, I had to try to see if I could get compensation," Daeng recalled. The lower court finally awarded compensation on the notion that the government failed to provide adequate information about the project, as stated in the case ruling.

Although Daeng's first court ruling seems promising, she recognizes that in her case, RID can still appeal, adding to her lingering sense of hopelessness. "I'm still afraid I won't really get the compensation," she admitted.

Supanee ‘Daeng’ Sipantabut stands against the backdrop of her destroyed fields with her 18-monthold son. JACKIE FAN

Moreover, Daeng expresses dissatisfaction that the 40,000 baht compensation awarded will not be enough to buy new land.

Without adequate compensation, Daeng's former livelihood is still just a memory she hopes to realise again. She explained: "Once we have saved enough money in Bangkok, we want to return to the village."

Determined to encourage other affected villagers, Wichian Srijannon and Suprang Khurimon of Nong Bua Lam Phu helped Daeng throughout the court process. "I haven't been fighting for compensation, I'm fighting for future generations," says Suprang. He is motivated to set an example for others to assert their rights and fight for further justice.

And it seems Daeng and other villagers do have reason to hope.

Daeng isn't the only one having some success in the court system. In a case that made it all the way to the Bangkok Supreme Administrative Court, a final ruling granted Muan Pimkot 153,100 baht compensation for her 3.84 rai (0.61 hectare) of land destroyed by the project.

Somsak Thongeiam, director of the Law Centre for Society at Khon Kaen University, asserts that Muan's win affirms the starting point of victories for other villagers. He explains that after a series of appeals by RID, Muan's is the first case regarding the Lampaniang dredging to reach the Supreme Administrative Court.

On December 3, the second Lampaniang case to reach the Supreme Administrative Court was decided. The court confirms the right of Jomsee Ornreug to receive compensation for the illegal dredging of 1.5 rai (0.24 hectare) of her land.

While recent court decisions have been made in favour of the Lampaniang villagers, the court has not awarded any compensation for loss of livelihood or now unusable land. Without a way to regain use of their land, farming is a livelihood that villagers can no longer maintain. "This isn't justice at all," she lamented.

Following Muan's win, Suprang says it's likely more villagers will file lawsuits. "The cases [of Lampaniang] are all very similar, so I think the other villagers will win, too," he said with confidence.

Local NGO community organiser Supadee Wanaprapawet explains that of 148 cases originally filed against RID asking for compensation, Daeng's is just one of the 42 which have already been ruled by the lower court. If RID chooses to appeal as they did in Muan's case, villagers have the ability to counter-appeal and send the case to the Supreme Administrative Court for a final ruling.

While there is no legal precedent in Thailand requiring that all similar cases must reach the same outcome, the momentum of recent court rulings suggests the government will become more responsive to the rights of villagers.

"This will warn the government that we villagers are now aware," said Wichian. "We're not low any more; we've raised our status to their level."

The authors are students from the US on an overseas programme with the Council on International Educational Exchange in Khon Kaen. Caitlin Ryan is enrolled at Northeastern University in Boston; Ellie Jones a student at Macalester College in Saint Paul, Minnesota.