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An alternate past/future for Mekong River dams under the UN Watercourses Convention: Part 2

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Fishermen on the Mekong. Photo: Remy Kinna

Part 1 of this article discussed the key threats to the Mekong River and its people, specifically hydropower dam construction, before summarising the legal gaps in the Agreement on the Cooperation for the Sustainable Development of the Mekong River (Mekong Agreement) and its supplementary Procedures for Notification, Prior Consultation and Agreement (PNPCA) which together regulate dam development.

Part 2 now investigates the application of the Mekong Agreement and PNPCA to Laos’ Xayaburi Dam project ‘prior consultation’ process, examining the specific contested procedural and legal elements and the role of the Mekong River Commission (MRC). Additionally, Part 2 will explore how these issues would be addressed under the 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses (UNWC): the most authoritative global treaty concerning management of international rivers.

The Xayaburi Dam dispute

The Xayaburi Dam project has received significant regional and global attention. It was the first Lower Mekong mainstream hydropower project submitted to the MRC for prior consultation under the PNPCA. Such a milestone was due in part to China not having signed the Mekong Agreement, thus its dams on the Lancang fall outside the MRC’s purview, while the scope of the prior consultation process does not incorporate projects on Mekong tributaries. The Xayaburi PNPCA process itself has been widely analysed and critiqued, mainly in terms of its inability ‘to reconcile the competing interests of the States concerned’ based on the Xayaburi project proposal1,2.

As highlighted in Part 1, many stakeholders are still deeply concerned about the dam’s impending significant environmental and social impacts3,4. The controversy over the project extends to the MRC’s perceived inability to resolve disputes or to clarify timeframes and requirements regarding the different PNPCA processes. Key aspects of the Xayaburi dispute are separated into their key legal and PNPCA elements below.

Submission for prior consultation and reply

Under the PNPCA’s procedural framework, Laos submitted the Xayaburi Dam project proposal for prior consultation to the MRC on 20 September 2010, and the MRC officially began the consultation process on 22 October 2010, whereby the other MRC states had six months to formally reply with any concerns about the proposal.5 On 14 Feb 2011, Laos released the initial Xayaburi Dam environmental impact assessment (EIA), which had actually been completed six months earlier before the proposal was submitted to the MRC. Due to this timing, there has been criticism that the EIA was not part of the original proposal submission; additionally, the EIA has been criticised for its overall poor quality, particularly its failure to take account of cross-border environmental impacts6. Between 13 and 15 April 2011, Cambodia, Thailand, and Vietnam each submitted formal replies raising concerns and calling for further investigation.

Obligation to cooperate in good faith and exchange information

Under the PNPCA, all states should cooperate in good faith with all potentially affected states and supply to them any available information relevant to a proposed dam project in a timely fashion. The MRC Secretariat’s independent technical review of the Xayaburi Dam released on 24 March 2011 and entitled ‘Prior Consultation Project Review Report’ identified significant gaps and concerns in Laos’ documentation and recommended further collection of baseline data and transboundary impact studies7.

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The author presenting on UNWC in 2016.

Downstream states, international non-government organisations (INGOs), civil society groups, and independent experts additionally claim that Laos’ subsequent releases of Xayaburi project information, especially several EIA-related studies, have been variously incomplete, minimal, sporadic, and inconsistent – such as the Pöyry report discussed below8,9,10. That key project information has been released through media statements and not via direct communication to the other states or through the MRC is an example critics cite to demonstrate Laos has not engaged in the PNPCA process in good faith at all times11,12.

Finally, the PNPCA is silent on whether project implementation is prohibited after submission (while waiting for replies) and during consultation. Nonetheless, eyewitness accounts, press reports, and records from the dam’s construction company indicate that initial implementation began in late 2010 and continued throughout the MRC consultations held in 2011 and years subsequent which critics argue at the very least shows disinterest in following due process as agreed under the Mekong Agreement and PNPCA8,13,14,15. Moreover, all of the actions detailed above when considered individually, even more so collectively, could be construed as directly at odds with the legal principle of states cooperating in good faith at all times, incorporating consultations and negotiations. This principle will be examined in more detail in Part 3.

Consultation & negotiation

A special session of the MRC Joint Committee was convened on 19 April 2011 to address states’ concerns. Cambodia, Thailand, and Vietnam reiterated their apprehensions about the dam project and called for a six-month extension to the standard six-month prior consultation period (which had just ended) in order to conduct broader studies and consultations, but Laos said any concerns would be accommodated without an extension5.

Notwithstanding this assertion, Laos halted implementation and commissioned a Finnish engineering firm, Pöyry to conduct a study in May 2011 regarding whether the Xayaburi complied with the MRC’s dam safety standards and a 2009 report, ‘Preliminary Design Guidance for Proposed Mainstream Dams in the Lower Mekong Basin’ 6,16. However, construction soon resumed with Laos citing Pöyry’s advice that the prior consultation process had been completed; the dam complied with MRC safety standards and guidelines in the 2009 report; and any other necessary design changes could be incorporated at a later stage6,9. These assertions were strongly rebuked by independent experts and INGOs, plus an MRC Secretariat review of the Pöyry report (released in August 2011) contested key technical design elements6,16,17.

A subsequent study by a French consulting company which was commissioned by Laos to build on Pöyry’s report in order to allay dam design and transboundary impact fears was also widely discredited by INGOs18,19. All the while, Cambodia and Vietnam both continued to consistently deny that there had been fulfilment of the prior consultation period and of Laos’ validity in unilaterally proceeding with dam implementation20,21.

Dispute resolution

In April 2011, the MRC Secretariat resolved to determine whether the PNPCA prior consultation period was concluded for the Xayaburi Dam project. The disputed issues could not be resolved via Secretariat-level negotiations, so the states agreed to table a decision, leaving it for the ministers from each member country to come together to debate and hopefully reach a consensus5. Despite preliminary studies and ongoing calls for the MRC to clarify both the status of the Xayaburi consultation period and PNPCA processes generally, these issues still remain largely unresolved22,23,24,25. As of early 2016, the dam is over halfway complete, but updated project designs have yet to be made public26.

UN Watercourses Convention

The UNWC’s clearer processes and regulations stand out in contrast to the results of the Xayaburi project highlighted above. Unlike the Mekong Agreement and its PNPCA, the UNWC clearly defines the rights and responsibilities of all basin states for dams and other projects with possible cross-border impacts and is unequivocally binding on all parties. Moreover, Part III of the UNWC views ‘notification’ and ‘prior consultation’ as sequential stages within a larger process regarding any planned measures. The UNWC does not differentiate between tributary or mainstream projects whereas the PNPCA prior consultation process only applies to mainstream projects. Compulsory procedures under the UNWC include:When Vietnam ratified the UNWC in 2014, as the 35th party, it triggered the UNWC’s entry into force. Though all MRC member states voted for the UNWC adoption in 1997, Vietnam is the only Mekong basin state to accede to the UNWC so far27. Covering all of the generally-accepted principles and procedures of international law for water, the UNWC represents the global ‘rules of the game’ for managing rivers shared by two or more countries. Its central feature is detailed but flexible processes requiring basin states to: cooperate in good faith; prevent pollution and protect ecosystems; notify, negotiate, and consult with each other on projects that can have major impacts to the basin; and try to avoid or peacefully resolve disputes through a variety of forums28.

  • Notification to all states with all available data before planning or building a dam, including EIA results;
  • Six months for reply (plus six months more if requested) during which the dam project is suspended;
  • Six months consultation and, if necessary, negotiation (may ask for additional six months) with no dam construction if requested.

The UNWC is also much clearer on dispute resolution mechanisms. While the Mekong Agreement makes a circular loop permitting states to ultimately ‘agree to disagree’, the UNWC lays out a logical sequence of forums – including direct negotiation and third party mediation or conciliation – that states can essentially choose from to reach a resolution with a clear outcome. If six months after requesting negotiations the states cannot agree through these forums, an independent fact-finding body collects and verifies all available information applicable to the proposed project before providing impartial recommendations to the disputing parties. At any time, a state can apply to a third party to hear the case, including an arbitration tribunal and/or the International Court of Justice (ICJ) in The Hague.

A framework treaty, the UNWC is intended to support, not replace, existing and future basin agreements by filling in legal gaps and clarifying processes. All of which begs the question: what if the Mekong dam processes were clarified and strengthened? What if riparian states had more specific, and binding, expectations for the Xayaburi Dam process?

Part 3 of this article imagines an alternative reality where the UNWC along with the Mekong Agreement and PNPCA are collectively applied to the Xayaburi Dam process. This scenario reveals a potentially different outcome to certain disputed procedural aspects and legal elements. Consequently, a revitalised framework for the future sustainable development of the Mekong River is proposed.

This article was first published here on April 18, 2016 on the Global Water Forum website. It is the 2nd in a 3 part series and is reposted here with permission from the author and the Global Water Forum.

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The Myth of Sustainable Hydropower

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Explorers, travelers and traders have long been enchanted by the magical vistas and extraordinary biodiversity of the Mekong flowing through six countries, from the mountains of Tibet to the delta in Vietnam.

However the voracious demands of an energy-hungry region have led to a headlong rush into hydropower and a simmering conflict over the vitally important water resources of this great international river.

The current plans for a cascade of 11 dams on the main stream of the Lower Mekong is a recipe for killing the turbulent spirit of the mighty Mekong, taming its waters and the wonders of nature in the obsessive pursuit of energy at all costs.

The supporters of large dams argue hydropower is an allegedly ‘clean efficient source for of energy.’ They further claim that dams stimulate economic growth and promote development.

However the opposition to all dam projects on the mainstream Mekong, starts with the rural communities along the Mekong and its river basin supporting a 60 million population. The dam developers and government technocrats have failed to examine and study the hidden costs of hydropower, and the irreversible destruction of a unique ecosystem.

A wide-spectrum of critics points to well-documented list of negative impacts: the reduction of water flow and sediment, the huge loss of fisheries, the reduction of food security, and the increasing salinization-intrusion of sea water in the delta, to name but a few serious impacts which run counter to any narrative that dams automatically bring economic progress and “development.”

2016 will be a decisive year for hydropower projects on the mainstream Mekong. The first dam on the Lower Mekong –the Xayaburi Dam is now 60% built. The Don Sahong dam in southern Lao has just been launched, in January this year and a third dam the Pak Beng is being prepared.

Can hydropower on a mainstream river be sustainable?

The unilateral launch of the Xayaburi dam in 2012 and now the Don Sahong dam – second dam on the mainstream of the Mekong, is turning the river away from the historical vision of an international river of cooperation and friendship between Laos, Cambodia, Thailand and Vietnam, and into another conflict zone over the sharing of water resources.

However the government of Laos is not under any pressure from any of the bodies that ought to be grievously concerned: UN agencies like UNEP and FAO .The World Bank, WLE (Water, Land and Ecosystems, a CGIAR consultancy group); the USAID-sponsored Mekong Partnership for the Environment (MPE); nor other bodies that adhere to the mantra of ‘sustainable hydropower’ and environmental protection.

This term identifies a discourse that argues a well-mitigated ‘nice dam’ does not inflict too much damage on the ecosystem. It is a position that offers great comfort and solace to dam developers, investors and banks under fire from environmentalists and scientists.

Within this cluster of concern about water governance and claims to protect the environment of the 4,880 kilometres long Mekong, there is a grand silence by the donor nations and international bodies that greets the decline of the region’s longest river and the launch of yet another dam.

A regional coordinator for the WLE program has argued the case for ‘sustainable hydropower’ and trade-offs.

“We all enjoy the benefits that come with electric lighting, household appliances”, says Kim Geheb, WLE. “But how do we do this without affecting food production and the health of the environment? How do we ensure that rapid, large-scale dam development is fair and equitable? Answers to these questions are at the heart of what constitutes a ‘good’ dam.”

Xayaburi dam construction site. Photo: Stimson Center

Xayaburi dam construction site. Photo: Stimson Center

The two dams launched so far on the Lower Mekong in Laos surely do not appear to fulfill any obvious criteria for the sustainability principle of what constitutes a ‘good dam. ‘The Xayaburi and the Don Sahong dams along the Mekong are neither fair nor equitable, for the overwhelming majority of poor farming communities living downstream from these dams. These two dams both lack credible environmental impact assessments (EIAs), have failed to provide any trans-boundary studies, and have been launched in defiance of wide-ranging protest and riparian objections.

Scientific consultants to WWF (The World –Wide Fund for Nature) have issued a number of reports exposing massive flaws in these two projects and the lack of credibility of their assurances of effective fish mitigation.

Latest data published by Catch and Culture MRC’s fisheries publication shows that threat posed to the Mekong is based on hidden economic costs that will occur the Mekong is dammed.

The Mekong is a very special river hosting the world’s largest inland fisheries valued at $11 billion ($11 billion for wild capture but that total figure is $17 billion if fish farms along the Mekong are included.) It ranks with the Amazon for the extraordinary diversity of fish species at around 1000 and scientists are still counting.

Fisherman checks his nets on Cambodia's Tonle Sap

Fisherman checks his nets on Cambodia’s Tonle Sap

Estimated fisheries contributed $2.8 billion to Cambodia’s economy in 2015. That’s a big chunk of Cambodia’s $16.71 billion GDP. These catches for wild-capture fisheries are directly under threat from hydro-electric dams.

Studies have shown that the projected loss of fisheries, crops and biodiversity caused by dams will result in a staggeringly high deficit, compared to the modest benefits from increased energy and electricity. The 2015 study calculates the Mekong net loss at minus $2.4 billion (for 6 dams) and up to minus $21.8 billion if all eleven dams are built on the mainstream according to a study published by Chiang Rai University

The science shows that it does not even make good economic sense to build more large dams, in a river blessed by such amazing ecological wealth.

The mitigation game fools no one

Sustainable hydropower and its concern to minimize harm to the environment relies heavily on mitigation technology, including such devices as fish passage, fish ladders and even so-called ‘fish-friendly’ turbines.

Christy Owen, party leader of the MPE (The US-Aid backed Mekong Partnership for Environment) explained at a recent forum: “This work can help ensure that new development projects meet the needs of business, while minimizing harm to local communities and the environment.”

Her statement assumes that no matter the high stakes, and the calamitous effects of ‘bad dams’, dams are somehow “destined to go ahead” after a measure of mitigation and refinement

Fish mitigation technology has mostly been applied and tested in northern climes – the rivers of North America, and parts of northern Europe. Importing this technology to the Mekong and other tropical rivers teeming with a vastly greater variety of fish species than in the rivers of colder countries, is seen by most fisheries experts as highly risky at best.

What may work in the rivers of North America and Norway cannot be mechanically transferred to the vastly more diverse fish species and ecology of the Amazon and the Mekong.

Hydropower consultant working with WWF Dr. Jian-Hua Meng views the mitigation carried out by Swiss consultants on the Xayaburi dam as a huge gamble with the river’s natural resources. “They are playing roulette with the livelihoods of over 60 million people. It would not be acceptable in Europe, so why is it different in Asia?” [1]

The mitigation team employed by Mega-First, the Malaysian developer of the Don Sahong dam, has been engineering fish diversion channels so that fish will change their centuries- old route along the Sahong channel which will be totally blocked by the building of the Don Sahong Dam.

NGO mobilization in Thailand against the Don Sahong Dam.

NGO mobilization in Thailand against the Don Sahong Dam.

However the MRC panel of experts found no evidence that this engineering project would guarantee the protection of large quantities of migratory fish of many different species by offering an untested alternative migration route to bypass the traditional channel according to MRC fisheries expert Dr So Nam (Pakse MRC technical review of experts December 2014).

Mekong specialist Dr. Philip Hirsch, based at University of Sydney shared with this correspondent “After 30 years of studying dam impacts, I have yet to come across one [dam], whose impacts have been well-mitigated. Let’s start with dams that are already there, before using ‘anticipated mitigation’ as a pretext for going ahead with new projects.”

The evidence is clear: there is nothing sustainable about large dams

A widely cited Oxford University study, published in the journal Energy Policy in March 2014, reviewed data from 245 large dams in 65 different countries, and concluded that large dams in general are not sustainable.

As the authors wrote in a statement attached to the study: “The evidence is conclusive: Large dams in a vast majority of cases are not economically viable. Instead of obtaining hoped-for riches, emerging economies risk drowning their fragile economies in debt, owing to ill-advised construction of large dams.”

The global governance debate has clearly shifted business towards paying more attention to environmental protection issues, but all too often this is more a concern to improve their corporate image and improving their public relations, rather than a genuine will rethink their on-going strategy for damming the Mekong.

From his decades of research in the Mekong region Dr Philip Hirsch concludes: “The impacts of some dams are just too great to mitigate.”

WWF warns that hydropower does not mitigate of climate change. But with the Mekong under threat from an annual decline in water flow from the melting glaciers in Tibet, it can on the contrary exacerbate and drive climate change.

The evidence is steadily mounting that if we allow the Mekong to be comprehensively dammed, climate change will grow worse with increasing droughts and salinization from the ocean. The region will then be saddled with a ruined Mekong and the riparian peoples will be damned into around 20 years time to the tragic and irreversible legacy of unsustainable hydropower.

The only way to save the Mekong is by pushing for the political will of regional countries to understand the ecological wealth and the real economic value of great rivers like the Amazon and the Mekong.

 

References:

Strategic Environmental Assessment of Mainstream Dams …

www.mrcmekong.org › … › Initiative on Sustainable Hydropower The SEA presents trans-boundary impacts of the proposed mainstream … As with any commissioned study, the SEA report is not an official MRC approved document.

2) Mekong communities seek injunction on Xayaburi Dam deal …

www.nationmultimedia.com › national

Oct 16, 2014 – … River yesterday lodged a petition with the Administrative Court in Bangkok, … Court on June 24 to accept the network’s right to bring a lawsuit

Catch & Culture Vol. 21, No. 3 » Mekong River Commission

www.mrcmekong.org › News & Events › Newsletters

Jan 5, 2016 – Lower Mekong fisheries estimated to be worth around $17 billion a year … Catch and Culture is published three times a year by the office of the Mekong River … are available through the MRC website, www.mrcmekong.org

The 2015 study calculates the Mekong net loss at minus $2.4 billion ( for 6 dams) and up to -21.8 $billion ( for 11 dams)

Energy Policy

Volume 69, June 2014, Pages 43–56  Oxford Univesity study on the impacts of large dams .The study is based on data from 245 large dams in 65 different countries.

Should we build more large dams? The actual costs of hydropower megaproject development

http://www.bsg.ox.ac.uk/news/should-we-build-more-large-dams

Latest research pubished in 2015 by Chiang Rai University Mekong research group http://www.mfu.ac.th/nremc/content_detail.php?id=298

Contact the author :

Tom Fawthrop

director of THE GREAT GAMBLE ON THE MEKONG  EUREKA FILMS 2015

eurekacuba@gmail.com

[1] (Interview with the author and film-maker Tom Fawthrop who directed the film The Great Gamble on the Mekong’ Eureka Films 2015).

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Mekong lessons: Reflecting on October trip to Southeast Asia

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I’ve just returned from my first business trip to Southeast Asia with the Stimson Center’s “Team Mekong.”  Below are a few lessons learned and brief observations from our visits in Bangkok, Kunming, Phnom Penh, Can Tho, Hanoi, and Saigon.

Good ideas gain currency

Before I joined the Stimson team in June, I must confess that my outlook on the future of the Mekong region was not filled with optimism. I cannot begin to describe how refreshing it is to join a team that is developing pragmatic and innovative solutions to some of the region’s toughest issues. Moreover, it’s extremely satisfying to watch the deployment of an idea gain momentum among decision makers and begin to take on a life of its own. Simply put, ideas work. At public forums in Bangkok, Kunming and Hanoi and in meetings with regional government officials Stimson’s “Team Mekong” launched a more refined version of the concept of the need for a “New Narrative” on Mekong hydropower development first mooted by my colleagues, SEA Program Director Rich Cronin and Research Associate Courtney Weatherby this March. The New Narrative challenges the current narrative that the construction of 11 dams on the Mekong’s main stem is a prevailing ‘domino theory’ of inevitability based on an emerging body of evidence. Stimson’s most recent report and its main argument can be found here, but it was encouraging to hear the idea confirmed when well informed hydropower experts placed their bets on no more than five dams, all of them above Vientiane excepting Don Sahong.

So if the Lao PDR government is banking on income generated from the construction of eleven main stem dams but only gets five in the end, shouldn’t it consider alternatives? Considering the known and unknown costs of downstream effects on fisheries and livelihoods, it seems prudent for Laos to give the entire basin development plan another look.  As a sustainable, one-country alternative to relieving the pressure of hydropower development on the Mekong’s main stem along with the unbearable downstream costs related to impacted fisheries and livelihoods, the Stimson team is continuing to develop the concept of a Laos national power grid designed for both the export of hydropower and national electrification as an alternative to Laos’ current economic development plan.

The grid would be designed to optimized trade-offs related to the food- water-energy nexus on a basin wide scale. On this trip, we received much encouragement for the national power grid concept from regional government officials, but challenges still remain in convincing Laos as to why national electrification will provide more benefits than the current plan.  As a suggestion, Vietnam, as a most concerned state in regard to downstream impacts can, share the story of the benefits of rural electrification with its neighbor through the history of its own development.  Further, Vietnam’s electricity demand is increasing at 12% year-on-year prior to the TPP and could act as a major purchaser of power generated from a Laos’s national grid.

No clear trends on the China Factor.

I see no clear evidence that China’s state-owned enterprises are trending toward improving practices in Southeast Asia or that there is a concerted move from policy-motivated concessional projects to those based on financial viability. A few firms might be making improvements here or there, but even these firms are not willing to release the details and data supporting these so-called improvements. In the case of Hydrolancang’s Lower Sesan 2 project in Cambodia, the developer claims its fish passages will be successful in protecting vulnerable fish species, but will not release the research or plans for those fish passages for public observation or scrutiny. The message for Hydrolancang and other similar Chinese dam developers hasn’t changed: “We’ve conducted 100% of research relevant to these projects, and we’re confident that all problems will be solved. You only need to trust us.” But trust is built on results and transparent public relations. China simply runs a poor track record on these factors in the Mekong region.

A surprising development is that China’s firms are playing the victim when discussing their Southeast Asian projects. Officers of these firms claim Beijing put them to task on these projects while the firms have to bear the risks and interact with prickly civil society groups, unwarranted Western criticism, and unstable host governments – the Myitsone dam serves as a case in point. Yet they fail to acknowledge the unbalanced stream of benefits granted by concessional contracts or the processes through which these benefits are gained.

Further, these firms often claim to strictly follow the laws and regulations of host countries related to environmental and social impacts. Yet weak states like Laos, Myanmar, and Cambodia have promulgated little to nothing in terms of environmental or social safeguards, so these claims of being responsible legal investors are interpreted as trite and non-persuasive.

Lastly, some anecdotal evidence points to Chinese money earmarked for overseas infrastructure development drying up in this latest round of China’s economic downturn. This discovery supports emerging conversations that Chinese firms are investing in more commercially viable or “bankable” projects. However, at the same time China’s One Belt One Road initiative appears to be creating a pool for free money given out on soft terms to any firm interested in constructing a project vaguely related to the objectives of the One Belt One Road whatever they may be. When weighing whether or not China’s upcoming investment on Mekong main-stem dams in the pipeline will be based on strategic motivations or sound financial decision making, this last point is particularly concerning.

New institutional frameworks are forming to coordinate regional policy making.

It’s becoming increasingly clear that the Mekong River Commission is NOT the institution to solve the big issues rising the Mekong region, though it still constitutes the only treaty-based intergovernmental organization in the region, and its technical review of the Xayaburi dam and its anticipated critique of the Don Sahong project have caused both developers to delay the projects and spend hundreds of millions on significant engineering changes and additional fisheries research. But in terms of actual governmental engagement, other institutions and bilateral arrangements are beginning to fill this gap. The US-led Lower Mekong Initiative (LMI), for instance, in its still nascent form aims to promote higher standards on water resource management and assessment of infrastructure development within the region. The LMI brings together the line ministries of the four MRC countries and Myanmar several times a year in working groups both on functional “pillars” and cross-cutting issues like the water-energy-food nexus, and the prime ministers of the LMI countries meet in the wings of the annual ASEAN-US Leaders Meeting, where transboundary issues and impacts from hydropower dams and other major infrastructure projects can be raised to the extent that the leaders are willing to engage on them.

In response to both the US-led LMI and the waning power of the MRC, China is assembling a multi-lateral organization for joint river basin management called the Lancang-Mekong Dialogue Mechanism (LMDM). Mekong watchers should pay attention to the outcomes of the first vice-ministerial meeting of the LMDM on November 12. Further, Cambodia is negotiating a transboundary environmental impact assessment treaty with Laos and Cambodia, Laos, and Myanmar are authoring new sets of environmental and social safeguards related to infrastructure development.

These frameworks are all coming together quite quickly. Yet even the US led LMI is said to be underfunded, uncoordinated, and unsure of its product. China’s forming of its own river basin organization is a welcomed foray into multi-lateral diplomacy, a realm often eschewed by the Chinese, but the intent and purpose of this organization is unclear. Serious cooperation on the use of the water and hydropower development will be highly limited so long as China refuses on national security grounds to provide downstream countries with the results of its hydrological and water quality studies, or the operation of its dams and other water releases from its monster reservoirs.  And whether or not new safeguards in the Mekong’s weakest countries will have teeth or just pay green-washing lip-service is unknown.  These developments all deserve our close attention.

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Laos Agrees to Discuss Dam Project with Neighbors

Representatives pose for a photo at the June 26 meeting of the Mekong River Commission

Representatives pose for a photo at the June 26 meeting of the Mekong River Commission

Laos has agreed to open a discussion with neighboring countries on the Don Sahong dam, but stopped short of saying it would delay construction on the controversial project.

In agreeing to the prior consultation, Laos is allowing input from the farmers and fishermen who depend on the Mekong River for their livelihood. It would also provide time for neighboring countries and opponents of the project to conduct a more comprehensive environmental impact study.

The announcement was made on Thursday during a meeting of the Mekong River Commission in Bangkok. Representatives from Thailand, Laos, Vietnam and Cambodia — all members of the commission — participated in the meeting. The agreement provided no provision for delaying the project before an adequate environmental study could be completed.

“Prior consultation does not stipulate any condition on continuing or not continuing” construction of the dam, Hans Guttman, the commission’s chief executive officer, told reporters. Guttman said the prior consultation should begin in July, with the process expected to take about six months. He said Laos did not offer to delay construction on the dam, nor did neighboring countries ask for a delay during the consultation period.

The Laos delegation did not release a statement or meet with reporters following the daylong meeting. Laos has begun preliminary construction on infrastructure at the dam site, despite strong opposition from Vietnam and Cambodia, who requested a 10-year moratorium on dam construction on the Mekong mainstream until further studies could be completed.

Earlier, Vietnam, Cambodia and Thailand stated that the dam must undergo prior consultation, as required under the 1995 Mekong agreement, to which Laos is a signatory. The Don Sahong dam is being constructed in the mainstream part of the Mekong River in the southern province of Champasak, nearly two kilometers upstream from the Laos-Cambodia border.

Opponents of the project fear the dam will block the migration of fish and cause a steep drop in the flow of water to those living downstream. Nonn Panitvong, an adviser to the Green World Foundation, said plans to build several dams along the Mekong, would transform the river, the world’s second-most biodiverse river after the Amazon, “into a giant freshwater pond”.

“That would be the end of the Mekong River,” he said.

Ame Trandem, Southeast Asia program director for International Rivers, called on neighboring countries to pressure Laos to delay construction until prior consultation is completed. “Neighboring countries must articulate to Laos their own intentions in what this process means, otherwise, the prior consultation process is likely to have missed the point entirely,” Trandem told ucanews.com.

Trandem said she hopes Laos proceeds with good faith rather than issue an “empty political statement”. “All construction should stop on the Don Sahong dam until a transboundary impact assessment is carried out and meaningful consultation takes place,” she said.

This article by Stephen Steele was originally posted here on June 27, 2014 on the UCA News website.

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