By Sokhem Pech, M-POWER Presented at the Mekong Forum on Water, Food and Energy Phnom Penh, Cambodia December 7-9, 2011 Session 6b: Sustainable decision-making--the value of transparency

1. Reflecting on the Mekong River
Commission’s Procedures for
Notification, Prior Consultation, and
Agreement
(PNPCA) Process
Session 6b
Sustainable decision-making - the value of transparency
Thursday, December 8, 2011
13:30-15:00

2. Background
• In late 2003, the MRC Council approved the
Procedures for PNPCA.
• Guidelines on Its Implementation in August
2005.
• Late-September 2010, Xayaboury dam PC
submitted  first prior notification under the
PNPCA.
• The ‘road map’ and relevant document for the
PNPCA, not publicly available until late
December 2010.

3. Multi-level engagement process – quite an effort for the MRC to engage, in spite of set-back!!
Dec,
2011??
Is it
over
yet?

4. The beginning of the beginning or the end
• MRCS CEO “as a test for (MRC) member
countries’ commitment to sustainable
development.
• Local and regional groups, finds the process
“deeply flawed”.
• If PNPCA process as an opportunity for raising
the voice of civil society within an improved
water governance context?.

5. The Begin or end
• Prior consultation: to discuss and evaluate the
impact ------upon their uses of water and any other
affects, which is the basis for arriving at an
agreement.
• PC is neither a right to veto the use nor unilateral
right to use water by any riparian without taking
into account other riparians' rights.
• Guidelines footnote 16 defines obligation of due
diligence  intent to reach agreement and no
objection from notified parties, or to avoid
perceived harm to the rights and interest of the
notified parties.  multi-party benefits.
• Agreement under Article 5: A decision of the Joint
Committee resulting from prior consultation.