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
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Reflecting on the Mekong River Commission's Procedures for Notification, Prior Consultation, and Agreement (PNPCA) Process
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.