Since the incident had been reported in online media, NT1PC had restricted public access to the area surrounding the dam, thus preventing local communities from receiving updates other than the company’s scarce official communications.[9]  Local residents are definitely not reassured.[10]

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Joseph Akaravong, a Lao Environmental and Community Rights Activist, has been ardently reporting the Nam Theun 1 incident through his personal Facebook. “The Nam Theun 1 leak does not come as a surprise considering the Lao government’s unwillingness to carry out a thorough social and environmental impact assessment in most projects. The constant lack of transparency in project development undeniably leads to substandard construction which in turn highly increases the risk of man-made disasters. In the end, it is always the people who bear the risks and impacts,” he said.
 

Lack of transparency and disclosure of the Environmental Impact Assessment (EIA)
Despite its claims about a comprehensive Environmental Impact Assessment conducted for the project and compliant with national and international standards,[11] neither the NT1PC nor the Lao government has provided this assessment publicly. The company also claims to have developed an Environmental and Social Management Monitoring Plan (ESMMP) in compliance with international standards. This plan, however, has likewise not been disclosed.
 

A dam engineer working on another hydropower project in Laos commented on the water leak happening at the Nam Theun 1 dam “Water leaking from the side wall’s rocky crevices is not normal and is a clear sign that the geological composition of the area surrounding the dam is too porous and not suited for holding millions of cubic meters of water.” “Proper studies in the development phase could have easily come to this conclusion”, he added anonymously.[12]

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Instead of publishing such studies, the Lao government continues with its plan to expand its hydropower portfolio,[13] despite the dangers presented by extreme weather incidents related to climate change.[14] The overflowing of hydropower dams on the Nam Ou River and consequent floods following the tropical depression Mulan in August 2022[15] are a stark warning of the future risks that hydropower development will bring to landlocked Laos.
 

Poor attempts to fix the situation
One month after NT1PC’s vow to address the seepage and conduct further probe, the company claimed to have now partially stopped the leak without providing proof or explanation on the nature of the repair.[16] According to some employees on the Nam Theun 1 dam who wished to remain anonymous for security reasons, the company grouted the leak with chemical products.[17] Generally, grouting can only be effective in combination with proper reinforcement procedures that eliminate the actual cause of the leak.[18] At this stage, it would be critical for the company to inform the public about its Emergency Action Plan (EAP) for dam safety and whether the measures taken to repair the leak are viable and long-term solutions guaranteeing the protection of the environment and the lives of local communities.

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Lack of corporate accountability
In spite of the many parties involved,[19] none has been proactive in providing the general public with regular and adequate information on the incident. The Lao and Thai governments have prioritized profit over people and the planet and have consistently failed to seriously address the incident by demanding a transparent investigation from NT1PC and other implicated companies. “While the Thai government adopted a National Action Plan on Business and Human Rights in October 2019[20] to promote sustainable responsible business of companies inside Thailand and Thai companies abroad, this is clearly not enough. Laos and Thailand are both lacking mandatory human rights due diligence legislation and measures that would effectively regulate business activities, prevent and mitigate future risks of business operations, and hold corporations into account for the harms caused to local communities,” said Emilie Palamy Pradichit, Founder and Executive Director of Manushya Foundation. In addition to both governments’ inaction, the recent torrential rains and flash floods in parts of the country only add to the worries of the local residents.[21]

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Despite the dam’s numerous drawbacks and ongoing leak, and local communities’ fears, the hydropower plant officially kicked off commercial operation on 12 August 2022.[22] In the official notification, Mr. Thepparat, EGCO Group’s President commented that the hydropower project is in line with the group’s sustainable growth diversification strategy.[23] The statement comes out as highly ironical in light of the recent events, where the cracks might leave Nam Theun 1 as an environmental ticking time bomb waiting to collapse.
 

Urgent need for a Just, Inclusive, Green and Feminist Transition with local communities at the center 
Laos’ heavy reliance on hydropower, combined with insufficient environmental impact assessments, has grown increasingly unsustainable. “With an ambitious target of 100 constructed hydropower plants in the country by 2030,[24] it is crucial that the Lao government, through legislative means, strengthen companies’ due diligence and compel them to conduct a thorough Environmental and Human Rights Impact Assessment for each project.” said Emilie Palamy Pradichit. “The Lao government must stop trading its people’s safety for economic development. It is time Lao authorities put people and the environment over profit and shift to a Just, Inclusive, Green and Feminist Transition,” she concluded.

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Ensure safety and effective access to information of communities living near the Nam Theun 1 dam
Manushya Foundation calls on the Lao and Thai governments as well as the implicated companies, including the developers, investors, lenders and contractors, to take immediate action to effectively address the leak, to guarantee public access to information regarding the incident and to take every necessary step to ensure that ongoing and future environmental impact assessments are conducted thoroughly and transparently with effective public participation of local communities. We also urge both governments to stand up to their international human rights obligations to foster a fair, inclusive and sustainable economic development that benefits all and not only the richest 1%.