Monday, September 5, 2011

Burmese Supreme Court to be asked to order halt to Myitsone Dam project

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Monday, 05 September 2011 12:18 Tun Tun

New Delhi (Mizzima) - A group of politicians will ask the Burmese Supreme Court to issue an injunction to stop work on the Myitsone Dam project on the Irrawaddy River and to reveal more information about the dam project.

Candidates who ran in the 2010 election including Bauk Ja and Min Aung of the National Democratic Force; Aung Myo Oo of Peace and Diversity Party; former Democracy Party (Myanmar) candidate Soe Kyi; and independent candidate Win Cho said they plan to file the lawsuit as soon as the current session of Parliament ends, if more information is not made available.

Area where the Myitsone Dam will be constructed on the Irrawaddy River. Photo: KDNG

















“How much benefit would the Myitsone Dam bring to our citizens? How will the dam adversely affect the people?” said Win Cho.

“It’s certain that many citizens will be adversely affected by the dams. But, we don’t know exactly how much benefit they would bring. We know as much as the exile media can make available. We want to know more about it.”

The electoral candidates said that they decided to file a lawsuit because the authorities had not disclosed enough information, and they feared the dam would lead to the extinction of the Irrawaddy River.

The 2008 Constitution gives citizens the right to sue the Union government in the Supreme Court. In cases of a citizen’s suit, the Supreme Court can issue a writ of habeas corpus, writ of mandamus, writ of prohibition, writ of quo warranto or writ of certiorari.

The suit will ask the court to issue a writ of prohibition and a writ of quo warranto. A writ of prohibition is an order to halt work or actions. A writ of quo warranto is an order to show the authority on which work or actions are based.

“If MPs cannot get real information about the Myitsone Dam construction and the possibility of the extinction of Irrawaddy River before the parliament ends, we will file suit,” Win Cho said.

After the Myitsone dam project is completed, 6,000 megawatts of electricity will be generated and the bulk of the electricity will be sold to China, according to reports. Five dams are planned for the Malikha River.

China Power Investment Corporation (CPI) is leading the construction and financing of the dam projects and Burma’s state power utility Myanma Electric Power Enterprise, the Steven Law and the Asia World companies are also involved in the projects.  

The area of the Myitsone dam project is 18,000 square miles. The height of the dam is 152 meters (500 feet) and the height of the upper reservoir is 299 meters (980 feet). The affected area of the dam is wider than the area of Singapore. Because of the dam’s impact, 15,000 people in villages are likely to be adversely affected.

In September, 1,600 people including prominent writers and artists signed a petition to urge President Thein Sein to stop the Myitsone Dam project. The petition was signed by “People who want the Irrawaddy to survive forever” and titled “An appeal urging a stop to the Myitsone dam project in order to prevent the Irrawaddy River from extinction and to avoid adverse effects on the Burmese citizens.”

“If the Irrawaddy River is extinct because of the Myitsone Dam, future generations will suffer,” Nu Nu, an 88-generation student who is an organizer of the petition, told Mizzima.

The petition urged the government to authorize international experts conduct research on the Myitsone Dam project to stop the construction during the research and to inform the public about it findings. A second petition with additional signatures will be sent in the coming weeks.

On August 11, opposition leader Aung San Suu Kyi released an open letter, “Irrawaddy Appeal,” saying that the lack of sound planning, the failure to enforce necessary conservation laws and poor ecological awareness have created diverse problems for the country.

Kyaw Thu, the chairman of Free Funeral Service Society, who signed the petition, said: “The Irrawaddy River is the lifeblood of our country. If you are a good Burmese citizen, you have the responsibility to preserve the river.

“Constructing the dam…is very dangerous. We need to ensure that we do the things that will protect it and restore it to its original condition.”

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