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Lawsuit

9 May 2014

Myanmar Pongpipat lawsuit (re environmental & health impact of Heinda tin mine)

Status: ONGOING

Date lawsuit was filed
9 May 2014
Unknown
Community
Location of Filing: Myanmar
Location of Incident: Myanmar
Type of Litigation: Domestic

Companies

Myanmar Pongpipat Co Ltd Thailand Mining

Sources

Snapshot

In 2014, villagers from the Myaung Pyo village filed a lawsuit against Myanmar Pongpipat and the state owned mining enterprise requesting compensation for damage allegedly caused by the Heinda mining project. The case is ongoing.

Factual background

In May 2014, villagers from the Myaung Pyo village in the Dawei District in Myanmar filed a lawsuit against Myanmar Pongpipat and the state-owned Mining Enterprise 2.  The plaintiffs are asking for compensation for damage allegedly caused by the nearby Heinda tin mining project.  They claim that the wastewater from the mine damaged their houses, plantations and farmlands, and affected their health due to a contamination of water sources.

Legal proceedings

The plaintiffs filed their claim in the Dawei District Court on 9 May 2014.  The court accepted the plaintiffs’ claim on 14 May 2014.  The first court hearing took place on 29 May 2014.  On 17 June 2016, Myanmar's Supreme Court dismissed the lawsuit, ruling that it should have been filed within one year of the damage occurring.  On 30 September 2016, the plaintiffs appealed arguing that the time limitation does not apply as the harm is continuing. 

News sources

- Ex-Official Says Heinda Miners Neglecting Environmental Obligations, Yen Snaing, Irrawaddy (Thailand), 27 May 2014
- Lawsuit Against Heinda Mine Accepted by Dawei Court [Myanmar], Yen Snaing, Irrawaddy (Thailand), 19 May 2014
- Dawei Village to Sue Thai Mining Firm Over Environmental Impacts [Myanmar], Paul Vrieze, Irrawaddy (Thailand), 17 Mar 2014

Dawei Development Association:
- Myaung Pyo Villagers Continue to Fight for Justice against Heinda Mine, 21 Dec 2016 [Available in Myanmar]
- [DOC] Lawsuit Against Heinda Mine Accepted by Dawei Court, 19 May 2014.  Available in Myanmar here.
- [PDF] Villagers from Myaung Byo to File Court Case Over Damages Caused from Mining Project", 16 Mar 2014
- [DOC] Background on Heinda Mining Project, 2014. Available in Myanmar here.

Timeline