Thailand and Myanmar signed a Terms of Reference on August 7, 2026, to establish a joint working group tackling transboundary toxic river pollution from unregulated rare earth mining, according to official reports from IDN-InDepthNews and Bangkok Tribune.
Bilateral Agreement Signed in Bangkok Amid Regional Escalation
The agreement was formalized by Dr. Raweewan Bhuridej, Permanent Secretary of Thailand’s Ministry of Natural Resources and Environment, and her Myanmar counterpart, Hla Maung Thein, during Senior General Min Aung Hlaing’s official visit on August 6–7. According to Bangkok Tribune, the Thai Cabinet approved the draft Terms of Reference on August 4 ahead of the visit. The framework establishes joint water quality monitoring, data sharing, and technical cooperation to manage border and transboundary rivers. Thai Minister of Natural Resources and Environment Suchart Chomklin stated that the cooperation builds public confidence and drives sustainable environmental solutions. However, Bhuridej admitted to Thai PBS that implementation faces clear hurdles because the Myanmar government lacks full control over the Shan State, where mining operations are managed by armed minority groups like the United Wa State Army.
On-the-Ground Ecological Crisis and Public Health Warnings
Communities living along the northern Thai and Myanmar river banks face a full-scale ecological disaster, according to Pichamon Yeophantong, a member of the UN Working Group on Business and Human Rights. Speaking at a Foreign Correspondents Club seminar in Bangkok, Yeophantong noted that testing by local government agencies and third parties reveals severe contamination by cadmium, mercury, and arsenic. Sor Rattanamanee Polkia, a lawyer at the Bangkok-based Community Resource Center, described the situation as a “green crime,” highlighting the high environmental cost of mineral extraction meant to fuel global green technology. Local residents now question whether their rice, vegetables, and fish stocks are safe to consume as agricultural livelihoods vanish.
Critiques From Civil Society and Lawmakers
Domestic critics and regional watchdogs argue that the newly signed framework falls short of addressing root causes. The Extraterritorial Obligation Watch Coalition issued a statement urging the Thai government not to sign the Terms of Reference because it contains no clear measures to regulate mining activities, identify polluters, enforce environmental laws, or rehabilitate contaminated areas. Thailand’s opposition People’s Party also criticized the lack of transparency, pointing to Myanmar’s demand that gathered information remain confidential and noting the absence of regional bodies like ASEAN or the Mekong River Commission. Senator Norasate Prachayakorn, chairman of the Thai Senate Committee on Political Development, Public Participation and Human Rights, noted that parliament has taken no action on the issue for two years. Prachayakorn suggested that Thailand utilize the 2017 Mineral Act, which allows the Minister of Industry to regulate and control the import and storage of rare earth minerals passing through Thailand.
Geopolitics and the Call for Chinese Accountability
Because the mining companies operating in the Shan state are ethnic Chinese firms linked by critics to Beijing and the United Wa State Army, panelists at the Foreign Correspondents Club event argued that China must intervene. Yeophantong emphasized that China needs to assume leadership because local laws in Myanmar are ineffective. Senator Prachayakorn added that while China enforces the “polluter pays” principle domestically, that commitment is missing overseas despite existing voluntary guidelines for Chinese foreign investment. A retired senior ASEAN diplomat speaking from the floor argued that because Chinese firms running the mines are under the control of the Communist Party of China, the Thai government must speak directly to the Chinese government rather than relying solely on Myanmar’s military administration.
Did you know? The Sai and Kok rivers run through regions of Myanmar’s Shan state that are controlled by ethnic armed groups, complicating direct diplomatic intervention by foreign neighbors and limiting official regulatory oversight.
Frequently Asked Questions
What caused the water pollution in the Sai and Kok rivers?
Unregulated rare earth mining activities in Myanmar’s Shan state have released dangerous pollutants, including cadmium, mercury, and arsenic, into shared transboundary waterways.
Who signed the new water quality agreement?
Dr. Raweewan Bhuridej, Permanent Secretary of Thailand’s Ministry of Natural Resources and Environment, and Hla Maung Thein, Permanent Secretary of Myanmar’s Ministry of Natural Resources and Environmental Conservation, signed the agreement in Bangkok.
Why are critics unsatisfied with the Terms of Reference?
Civil society networks and opposition lawmakers argue the agreement lacks enforcement mechanisms, fails to identify polluters, keeps data confidential, and omits the role of regional bodies like ASEAN.
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