Hosted by EarthRights International and International Rivers, Session 15 of the Greater Mekong Forum on Water, Food and Energy worked to examine the standards and safeguards that apply to outbound investments in hydropower projects in the Mekong and Salween Basins, and their implementation in practice, with a focus on Chinese and Thai investments. The session outlined key existing investment standards and recent policy developments in China and Thailand that aim to strengthen the standards that apply to investors. It aimed to examine the gap between policy and practice through case studies of hydropower development in the Mekong and Salween basins, and challenges for implementation.

1. Thai Outbound
Investment
By
Sor.Rattanamanee Polkla
Community Resource Centre Foundation
October 26, 2017

2. Mekong Dam

3. Salween Dam

4. Administrative Court

5. National Human Rights
Commission (NHRC)

6. Thai Cabinet Resolution
Cabinet

7. Thank you

8. Background information of Lower Sesan 2
(LS2) dam :
Severe impacts not adequately studied in detail in EIA report:
– LS2 predicted to cause serious harm to livelihoods of over
100,000 people in 3S Rivers Basin due to fisheries and sediment
impacts (Baird report 2009)
– LS2 predicted to have wide-ranging impacts across Mekong River
Basin and Tonle Sap, including 9.3% decrease in fish biomass
across entire Mekong River Basin, affecting the livelihoods of
hundreds of thousands of further people, including in
neighbouring countries (PNASS, 2012; Piman et al, 2013)
– Vastly inadequate consultation and public participation
Joint venture between Royal Group (39%), Hydrolancang (51%)
& EVN (10%) = USD 816 Million

9. ●
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10. People’s voices were not meaningfully considered -
Grassroots’ movement took place - increased cost of the dam

11. Fact-finding on LS2 Asset Survey
35%
65%
28%
72%
41%
59%
14%
86%
Yes
Chrob
No Yes
Kbal
Romeas
No Yes
Sre Sronok
No Yes
Srekor
No
% of respondents in each village who reported that they
understood the survey documents and compensation plan
37%
63%
44%
56%
100%
26%
74%
Yes
Chrob
No
Chrob
Yes
Kbal
Romeas
No
Kbal
Romeas
Yes
Sre
Sronok
Yes
Srekor
No
Srekor
% of respondents in each village who accepted
the asset survey, compensation and
resettlement plan, participated in the survey and
provided their thumb print to the survey
document
20%
80%
40%
60% 61%
39%
13%
87%
Yes
Chrob
No
Chrob
Yes
Kbal Romeas
No
Kbal Romeas
Yes
Sre Sronok
No
Sre Sronok
Yes
Srekor
No
Srekor
% of respondents in each village who reported feelings of
fear, intimidation or pressure during the asset survey
process

12. Concern raised get no adequate
solution but threatening!

13. Recommendation for Chinese government and
overseas investor
 To comply with Chinese domestic legal frameworks at a minimum, in their overseas
investments – helps strengthen Cambodia law
 Establish due diligence procedures that can identify existing problems when
entering into project agreements (eg. poor EIA process, weaknesses in country level
legal standards).
 Establish corporate level mechanisms to enter into dialogue and address grievances
and complaints from local communities – planning & consultation stage to
implementation & operation
 To raise awareness and build capacity of Chinese company about the Guidelines for
Environmental Protection in Overseas Investments
 Strengthen the Guidelines for Environmental Protection in Overseas Investments.
Consider making the guidelines legally binding and creating a mechanism to oversee
and enforce compliance.
 Adhere to the World Bank safeguard policies, IFC’s performance standards
(especially on resettlement and compensation and indigenous peoples) and
instruments such as the UN Guiding Principles on Business and Human Rights.