Overview of Legal and Institutional Framework Overview of Legal and Institutional Framework MRC Orientation for New Staff, 24 October 2002

ContentContent Background of Mekong Cooperation 1995 Mekong Agreement: – Its main characteristics; – Organizational Structure; – Dispute resolution process. – Conclusion

Birth of Mekong Committee In 1949, ECAFE (now ESCAP) created Bureau of Flood Control; ECAFE (ESCAP) 1952 findings highlighted great potential of Mekong for hydro-power and irrigation; Geneva Accords of July 1954 => End first Indochina War. 11 ECAFE session focused again on Mekong.

Birth of Mekong Committee (Cont.) 1956 US Bureau of Reclamation Reconnaissance Report-LMRB: – need for data collection (hydrology,meteorology, topography, sedimentation and geology; – To study flood and hydropower, agriculture, fisheries, navigation. International Approach to planning and development of LMRB.

Mekong Committee At 13 th ECAFE Session (March/57), => Joint Declaration to explore ways for joint efforts in developing the Mekong. Meeting of experts in Bangkok (20 – 23 May) recommended establishing a “Coordination Committee”. Preparatory Meeting (16-18/9/57), the Statute of the Committee for Coordination of Investigation of LMB (MC) was adopted;

Mekong Committee (Cont.) Mandates: – Plans for coordinated researches, studies & investigation; – Seeks funding & technical assistance; – Recommends criteria for the use of water.

Mekong Committee - Four Members, - - One year-term Chair - - Three times/yearly Advisory Board (1958 –76) - * technical & financial aspects Secretariat ( Executive Agent ) Engineering Division (Hydro & Planning) Navigation Division Organizational Structure of Mekong Committee Organizational Structure of Mekong Committee

Mekong Committee Advisory Board (1958 –76) - - technical & - - financial aspects Secretariat ( Executive Agent ) Engineering Division Navigation Division Agriculture Social & Econ Planning Unit Environ. Unit Organizational Structure of Mekong Committee (Revised)

Major Achievements of MC Data collection & investigation Inventory of Resources & Development Plans Human Resource Development Mobilization of Funds

End of MC 1970s, hostilities in V/N spilled over into Cambodia and Laos Joint Declaration of Principles for Utilization of the Waters of the LMB was signed on 31 January 1975, Articles10, 11, 20,21, 27 = all uses mainstream, major tributary, and inter- basin diversions required unanimous approval of all state members of MC.

Birth of Interim MC 1975:End of second Indochina war = MC did not meet Later on (late 1977), V/N and Laos renewed their participation. V/N, Laos and Thailand agreed to form an interim MC (Born in 5 January 1978) IMC struggled hard to regain the donor’s confidence and focused mainly on national projects.

Winds of Change and Birth of MRC End of war in Cambodia (Paris Peace Agreement + SNC); To reactivate or not reactivate the MC and all its basic documents (Nov 90 – Feb 92); A new regime of Mekong ( China + Myanmar should join) Dec – April 95: Negotiated New Agreement.

MRC: 1995 Agreement 1995 Agreement & MRC = a unique international agreement and legally instituted regional organization mandated from highest political level; Mandate = to deal with MRB resources management in an integrated and basin-wide manner.

Introduction of Sustainable Development Concept. In 1995 Agreement, its parties are under obligation to: “Cooperation in all fields of sustainable development, utilisation, management and conservation of the water and related resources of the Basin.”  To ensure compatibility between socio-economic development, and environmental protection and ecological balance of MRB.  People’s well-being.  present and future generations.

Main Characteristics of 1995 Agreement: An intergovernmental agreement 06 chapters and 42 articles. Ground was laid for a more responsible and sustainable management and development: Codification of existing Inter.l water law principles and emerging principles; Provide for a joint permanent mechanism (policy & tech.)for Mekong river basin management; Mechanism for dispute settlement;

AGREEMENT ON THE COOPERATION FOR THE SUSTAINABLE DEVELOPMENT OF THE MEKONG RIVER BASIN Chapter Outline of Agreement Chapter I. Preamble Chapter II. Definition of Terms Chapter III. Objectives & Principles of Cooperation Chapter IV. Institutional Framework Chapter V. Addressing Differences and Disputes Chapter VI. Final Provisions Protocol To the Agreement For the Establishment of the Mekong River Commission Signed by the Governments of Cambodia, Laos, Thailand and Viet Nam on April 5, 1995 at Chiang Rai, Thailand

Reasonable & Equitable Utilization Give specificity to four major factors: – Mainstream vs. Tributary waters; – Wet vs. Dry Season flows; – Intra-basin uses vs. inter-basin diversion; and – Surplus of water on the mainstream in dry season.

Provisions A & B of Article 5 Notfication Prior Consult. 1 Agreement A. Tributaries: Wet & Dry Season XXX B. Mainstream: 1. Wet Season - Intra-Basin Use XXX - Inter-Basin Divers. XXX 2. Dry Season - Intra-Basin Use XXX - Inter-Basin Divers. XXX 2 Note: 1. Prior Consultation aims at arriving at an agreement by the Joint Committee. 2. For Inter-basin Diversion Projects during the dry season, Article 5 reads: “Should there be a surplus quantity of water available in excess of the proposed uses of all parties in any dry season, verified and unanimously confirmed as such the Joint Committee, an inter-basin diversion of the surplus could be made subject to prior consultation.”

MRC Organizational Structure JOINT COMMITTEE (Members at level of Head of Department or higher) COUNCIL (Members at Ministerial and Cabinet Level) National Mekong Committee Secretariats NATIONAL MEKONG COMMITTEES (NMC) (Member Agencies) DONOR CONSUL- TATIVE GROUP (Donor countries and cooperating institutions) Government of Cambodia Government of Laos Government of Thailand Government of Vietnam Mekong River Com- mission Secretariat

Three forms of river organizations Committees for monitoring, coordinating and investigating of river basin Planning and management river commissions; and River basin authorities

Dispute Resolution (Articles 34 – 35) New development in Mekong Regime. Four-steps: By MRC JC and Council; By government concerned (diplomatic channel); Third party intervention (good office, fact finding, and mediation; Apply international law principles.

Global Benefits from MRC activities Major contribution to timely and catalytic intervention to prevent further degradation water and ecological resources of regional and global significance; The success is critical not only to the protection and wise use of water resources, but to securing broader cooperation in other fields.

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