Reflecting on the Mekong River Commission's Procedures for Notification, Prior Consultation, and Agreement (PNPCA) Process
Reflecting on the Mekong River Commission’s Procedures forNotification, Prior Consultation, and Agreement (PNPCA) Process Session 6b Sustainable decision-making - the value of transparency Thursday, December 8, 2011 13:30-15:00
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.
Multi-level engagement process – quite an effort for the MRC to engage, in spite of set-back!! Dec, 2011?? Is it over yet?
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?.
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.