Thailand pays first class action settlement to poisoned community

A Thai farming community has received 21 million baht in the country’s first successful class action after decades of fighting industrial pollution. The victory comes too late for 17 villagers who died during the legal battle, but could inspire similar lawsuits across Thailand.

Nicha Wachpanich/HaRDstories
Namphu locals receive a financial compensation cheque from Thailand’s Minister of Justice. Photo: Nicha Wachpanich/HaRDstories

Ratchaburi – Thailand has just paid its first environmental class action settlement. Nearly 500 residents of a farming village in Ratchaburi province gathered in sweltering heat on Monday to receive compensation for two decades of heavy metal pollution.

With a single click through online banking, Justice Minister Tawee Sodsong transferred 21 million baht (about 650,000 USD) to community members – the first batch of money seized from polluters in Thailand’s landmark environmental lawsuit.

The crowd cheered. For more than 20 years, Namphu creek, the village’s main water source for fruit farming and drinking, has been contaminated with heavy metals from Wax Garbage Recycle Centre, a factory processing industrial waste upstream.

“You have been waiting for twenty years for this victory. Please wait just a little longer,” the Justice Ministry representative had teased the crowd three hours before the minister’s delayed arrival.

 

Breaking new ground

The Namphu case marks Thailand’s first successful environmental class action against a polluter. The lawsuit began in 2017 when three locals filed against Wax Garbage.

Using blood tests showing heavy metal contamination, the court awarded compensation to 652 community members ranging from 35,000 to 692,650 baht each, based on their level of exposure.

The compensation money comes from confiscated lands of the Wax Garbage owner which were resold. Farmers with damaged crops will be paid separately. 

This legal victory has inspired other affected communities across Thailand, from fishing villages hit by oil spills to residents near polluting plants, to pursue similar lawsuits.

Thailand’s first-ever class action was filed by communities against Akara gold mining in Phichit province, but that case was settled through mediation in 2023.

Delayed justice

Wilai Boonnak, a longan farmer in her fifties, collected a 35,000 baht cheque for her father, who died two years before seeing justice served. He was amongst 17 community members who passed away during the eight-year legal battle.

“My family used to harvest 500 kilograms of longan from a tree, but after the creek was polluted, we only get 100 kilograms,” Wilai said. Farmers now bear the extra cost of finding clean water sources. 

“I’m glad of our victory today, but the compensation doesn’t really make up for what we have lost.”

Locals first noticed the contaminated creek in 2001, months after the recycling plant opened. The legal process dragged on until the court denied the final appeal in August.

The 18 August payout represents only one-quarter of what the community is owed. The Justice Ministry plans to sell remaining confiscated land in November to raise the full 82 million baht (2.5 million USD) settlement.

The justice minister assured the community that all judicial enforcement processes would be followed through. “It’s very important to see business uphold human rights,” he said.

 

Unfinished business

Tanoo Ngamyinyuad felt both joy and frustration on compensation day. The longan farmer who led the legal fight received the maximum payout of 692,650 baht – money that cannot repay his sacrifices.

He spent his savings on court fees, abandoned farming, and devoted years to the case. But his biggest concern isn’t financial.

“Our environment has been destroyed for nearly thirty years,” Tanoo said, looking at the polluted creek beside his home. “Yet there’s still no cleanup. There might be more dangerous chemicals buried under the plant.”

The court ordered Wax Garbage to rehabilitate the area or pay cleanup costs. But little progress has been made on environmental restoration.

Whilst Namphu’s victory signals better corporate accountability, activists hope for broader changes in environmental governance as poorly managed recycling plants multiply across Thailand.

“We tend to think recycling is beneficial, but without proper oversight and accountability, it harms more than it helps,” said Dawan Chantarahassadee, a veteran staffer with pollution watchdog EARTH who worked with the Namphu community.

“We celebrate today’s success, but the journey for justice isn’t done.”

 

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