Wednesday, November 14, 2012

A unique public discussion held in Laos on the mainstream dams


In October 18th, 2012 a round table discussion on mainstream dams took place in Vientiane at the French Centre. The event was part of the 9th Asia EuropePeople’s Forum. The objective of the session was to discuss the institutional processes related to the decisions on the mainstream dams. The organisers of the event were HELVETAS Laos, Mekong Energy and Ecology Network (MEE Net), Siemenpuu Foundation and Asia-Pacific Network on Food Sovereignty (APNFS). Around 65 people attend the event.

The panellists around the table were:
  • H.E. Mr. Touch Seang Tana, Chairman, Commission for Mekong River Dolphin Conservation & Eco-tourism, Cambodia
  • H.E. Viraphone Viravong, Vice-Minister, Ministry of Energy and Mines, Lao P.D.R (Head of delegation in Xayaburi consultation)
  • Mrs. Pakawan Chufamanee, Director of Mekong Management Bureau, Department of Water Resources, Thailand
  • Dr. Dao Trong Tu, Head, Vietnam Union of Science and Technology (VUSTA)
  • Mr. Hans Guttman, CEO, Mekong River Commission Secretariat
  • Mr. Rick Switzer, Regional Environment, Science, Technology and Health (ESTH) Hub Chief for East and Southeast AsiaUS Embassy to Thailand
  • Mr. Witoon Permpongsacharoen, Director, Mekong Energy and Ecology Network
  • Ms. Lam Thi Thu Suu, Coordinator of Vietnam Rivers Network
  • Samuel Martin from HELVETAS Laos acted as the moderator.
There haven’t been many open public discussions in Laos on the Xayaburi project and other possible mainstream dams so the session was very unique. The panelists represented well the spectrum of different stakeholders: government officials, civil society and development partners. The discussion was constructive and dialogue took place in good spirit. It became clear that there are still differing views among the member countries of Mekong River Commission (MRC) whether the consultation process (Procedures for Notification, Prior Consultation and Agreement, PNPCA) on the first mainstream dam, Xayaburi in Laos, has been completed or not. Vice Minister Viraphone considered that it has been completed whereas representatives from Vietnam and Cambodia viewed that consensus has not been reached yet. Several panelists and participants raised concerns on the knowledge gaps of the impacts of the dam and on the potential unequal distribution of costs and benefits. This would require further impact assessments and evaluation on alternatives. H.E. Viraphone pointed out that from official Lao perspective there is enough data and Laos should have the right to develop its water resources. H.E. Touch Sean Tana from Cambodia suggested that instead of further data there should be a security fund established by the project developer – so in case of negative impacts these could be compensated from the security fund. Thailand’s representative, Mrs. Pakawan Chufamanee, highlighted the question of whether 6 months for the PNPCA is enough and that more time would make the process better and allow also wider participation in the process. Development partners and MRC were asked to take a more active role in fostering the consensus building. USAID representative emphasized the sovereignty of the countries to make decisions and also the importance to do it based on the best scientific data available. He also suggested that from his personal view more important than the legal interpretation is the spirit of the Mekong Agreement on the importance of building consensus on decisions with major transboundary implications.  Hans Guttman, CEO of Mekong River Commission, highlighted that MRC does not have an arbitrary role in case there are disagreements in interpreting the results of processes like the PNPCA.

The key recommendations given by different stakeholders during the discussion included:
  • More open dialogue and more participation was recommended for the PNPCA and processes of decision-making on mainstream dams
  • The role of CSOs in the PNPCA process should be increased
  • Some panelists emphasized the importance of precautionary principle and also recommended ‘time out’ for the first mainstream dam until there is more information available on its impacts
  • Lao representatives asked for better cooperation spirit in the MRC consultation processes
  • In possible future PNPCA processes the consultation should be started well before the construction of the dam – otherwise possibilities to openly assess the project are limited as developer has already invested considerable money for the project
  • Most of the panelists agreed that 6 months for the PNPCA process is too short a time
  • The 1995 Mekong Agreement and the procedures of PNPCA leave a lot of room for interpretation – suggestions were made to limit the chance of differing interpretations
  • To consider whether there could be a security fund from the dam developer side to compensate for any negative impacts
  • There is a need to consider how concerns and needs of affected communities could be better reflected in the decision making processes
  • A joint visit of Lao government and civil society representative was suggested to the site of Xayaburi and to the resettled villages