REGIONAL CHARACTERISTICS AND WATER ISSUES: FROM MEKONG RIVER BASIN PERSPECTIVES

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REGIONAL CHARACTERISTICS AND WATER ISSUES: FROM MEKONG RIVER BASIN PERSPECTIVES SOKHEM PECH Project on Sustainable water policy scenario for population rapidly Increasing Basins in Monsoon Asia, Core Research for Evolutional Science and Technology (CREST), Japan Science and Technology Agency (JST), Department of Civil & Environmental Engineering, University of Yamanashi, Kofu 400-8511, Japan 1 Water plays a very important part in the social, economic and cultural life, and the religious belief of the people of the Mekong region. Challenges faced by Mekong Basin countries in their endeavours for economic development are increasingly related to water. The Mekong River with its length of over 4,800 km is one of the longest and largest rivers in Asia, and supports very productive and diverse fresh water ecosystems in the world, second only to the Amazon. Its flows through 6 countries - China, Myanmar, Lao PDR, Thailand, Cambodia and Viet Nam - before reaching the South China Sea. Transboundary nature of the Mekong River resources requires regional solution. The paper attempts to search for that solution from the management and institutional perspective. The analysis will follow along the line of the argument that water crisis is mainly a crisis of governance, and for the water issues of regional magnitude like the one in the Mekong Basin, requires a more integrated and comprehensive solution to it. The need for a search for the most appropriate regional institution for improved regional governance for the Mekong River Basin must be raised further especially among those decision-makers in the governments, international organizations and programmes concerned, and other major stakeholders. INTRODUCTION The Mekong River basin represents the most obvious trans-boundary physical resource, and biological resources. All riparian countries see the Mekong River Basin water and related resources as a source for social and economic development. A number of large scale development plans have been planned and implemented on both mainstream and numerous tributaries of the Mekong River. More and more frequently, the transboundary water issues have been reported. According to the studies published by UNESCO, the Mekong River Basin was included as one of the international river basins having the potential for dispute in the coming five to ten years. [9]. A large number of regional initiatives and institutions for developing and managing the rich resources of the Mekong Basin have emerged. Each of them has its own focus, principles or norms that determine how it cooperates and defines its strategic direction and priority. Though they have made some remarkable progress, these cooperation frameworks are far from adequate for ensuring a more comprehensive and basin-wide management of this great river. 1 He served as director of the technical support division, Mekong River Commission Secretariat for 04 years from early 2000 April 2004. 1

Water crisis is mainly a crisis of governance, and for the water issues of regional magnitude like the one in the Mekong Basin, requires a more integrated and comprehensive solution to it. MAJOR CHARACTERISTICS OF MEKONG BASIN Land of Great Diversity The lands, through which the Mekong River flows, are bywords for great diversities both in social, economic and political situations, and in the natural conditions, such as hydrological, topographical, and morphological. With its different features, the river has been named differently by different ethnic/linguistic groups that probably provide the best description to the river. 2 Starting at an elevation of over 5,000 meters above mean sea level, the Mekong River flows nearly 4,880 km from its source in Tanghla Shan Mountains on the Tibetan plateau, to the South China Sea through six countries, namely China, Myanmar, Lao PDR, Thailand, Cambodia and Vietnam. (See Appendix B for Basin Map). Table 1. Water Resources in Mekong Basin (Source: MRC) Description Yunnan Mya Lao Tha Cam V/N Total Catchment 165,000 24,000 202,000 184,000 155,000 65,000 795,000 (Km2 ) % of Basin 22% 3% 25% 23% 19% 8% 100 % of 38% 4% 97% 36% 86% 20% country Average 2,410 300 5,270 2,560 2,860 1,660 15,060 Flow (m3/s) Percentage 16% 2% 35% 17-18- 11% 100 18% 19% Population 10 mil 0.5 mil 4.9 mil 24.6 mil 10.8 mil 21 mil 71.8 million Hydrology Monsoonal: Compared with other large rivers, the volume of water flowing through the Mekong each year is remarkably predictable. Certain changes in flow pattern have been observed lately though. During the last decades, exceptional flood and drought have been intensified in severity and frequency. [3] Climate in the Mekong Basin ranges from tropical to cool temperate. Some of the higher peaks on the Tibetan Plateau are permanently snow-capped and much of this part of the basin is under snow in winter. Dry season flows downstream are maintained partly by the melting of these snows. In the Lower Mekong Basin, the largely tropical 2 It is called Lancing Jiang or the Turbulent River by most of the people in China. Due to its great feature and as a main source of the livelihood, it is called by the Cambodian as the Tonle Thom or the Great River, and in Vietnam as the Cuu Long or the Nine Dragon Rivers. In Lao and Thailand, it is known as Mae Nam Khong or the Khong Mother of Water. 2

climate is characterized by two monsoons from the southwest (in wet season from May/June October/November) and the northeast (in dry season). The rain soaked uplands in Lao PDR and Cambodia receive the most rain (3,000 mm), and the semiarid Korat Plateau in Northeast Thailand, the least (1,000 to 1,600 mm). During the wet season, the average amount of water in the Mekong during the peak month of September is 20-25 times larger than during the dry season. In dry season, some locations along the river experience water shortage. [3] Tonle Sap Great Lake the heart of the Mekong System and Cambodia is very unique and equally fragile. At the peak of the flood season, the lake is six times larger in area and it deepens from half a meter to eight meters or more. 3 From around June October, the southwest monsoon raises the water level of the Mekong River mainstream and large parts of the Mekong delta are submerged, that cause the reverse of flow of the Mekong flood water back into the Tonle Sap. [10] The Tonle Sap supports an extensive flooded forest which provides an ideal habitat for fish spawning and nursing. Fish migrations from the Tonle Sap are believed to help restock fisheries as far upstream as China and in many tributaries along the way. In the dry season it slowly drains into the Mekong River near the head of the delta, providing a substantial part of the dry season flow in this part of the Basin and help to significantly control sea water intrusion. (Tonle Sap inflow is about 51,000 million cubic meters/year, while outflow is approx. 76,500 million cubic meter/year) MRC s Data indicates that water quality in the Mekong is generally good. Sediment levels are declining, but there have been increases in nutrients (nitrogen and phosphorus) at most sites in the Mekong delta. [3] PEOPLE, BASIN DEVELOPMENT TRENDS The Mekong possesses the region s largest potential water resources. These water resources have the ability to support on going economic development in terms of irrigation, hydropower, navigation, water supply and tourism. However, these resources are not evenly distributed in time and space. Basin People: The distribution of the 73 million people of more than 70 different ethnic minorities living in the Mekong Basin varies considerably. This population is expected to increase to 120 million by 2025.But the basin they live in and the resources they heavily rely on will not increase accordingly. The Mekong is one of the least spoiled and least developed of the world's great rivers. In spite of the riches of its natural resources, the majority of the Basin inhabitants are living under the poverty line.[3] Three quarters of the Basin's people earn their living from agriculture and fishing occupations that account for 50 percent of the Lower Basin s GDP. There is a great need for significant investments in agriculture, rural development, education, energy, transport and basic health to increase employment, reduce poverty and improve people's wellbeing. Agriculture is seen as the largest potential for expansion among other things through double or triple number of harvest per year. However, harvesting more than one 3 The Tonle Sap Great Lake covers an area of 2,500 3,000 km 2 in the dry season, and 13,000 km 2 in the wet season. 3

crop per year requires more water to be abstracted for irrigation, which is very challenging, especially during the dry season. Development Trends In recent years, the region has enjoyed an unprecedented era of peace, and all Mekong countries have embarked on free market economy to support social and economic development. Four major trends in macroeconomic activity seem likely to appear in the Mekong Basin in the coming decade: Increasing agricultural specialisation and commercialisation, increasing non-resource based industrial developments, increasing urbanisation and increasing sub regional integration. The four trends in macroeconomic activity will have major impacts on the environment and use of resources within the Mekong basin. [3] Rapid population growth and growth in demand, prospects of climate change, increase of human interference to natural flows, altered sediment loads, impacts on fisheries, financial and ecological sustainability of water and its related investment all of these issues are in the mix. Issues and difference exists and other disputes are looming. 4 [5] Moreover, disparities among Mekong Basin Countries in economic development, infrastructure capacity, and political systems add further challenges to development of water and related resources of the Mekong Basin, and cooperation and management framework. REGIONAL GOVERANCE ISSUES At international level, water acts as both an irritant and a unifier. For the Mekong Basin case, water of the Mekong River has served mainly as a unifying factor. The perception of common interest and benefit, and the support from external donors and financing institutions have played very crucial role in promoting international cooperation in the Mekong region. In recent years, more and more players such as civil society organizations, research and academic institutes and private sector have become more prominent in the Mekong Basin. The formal international cooperation among the Lower Mekong Basin (LMB) Countries Laos, Thailand, Cambodia and Vietnam has existed over the past 48 years. China and Myanmar (then known as Burma) were prevented from being included in the Mekong Committee in 1957 by purely political reasons. [1] In spite of that drawback, the cooperation among LMB countries that started well ahead of the crisis curve through improving mutual trust, preventive diplomacy, and institutional and capacity building, has made some remarkable achievements. In 1995, the four LMB governments established a new organisation the Mekong River Commission (MRC) managed by the four countries themselves, and is open to the upper Mekong countries to join as its members.[6] 4 Series of large hydropower dams have been planned and built on the Mekong Mainstream in Yunnan, and on tributaries in Thailand, Laos and Vietnam. The expansion of irrigation schemes, and flood and bank protection measures in Vietnam, Laos, Cambodia and Thailand, bank erosion and related shifting border line between Thailand and Laos, improvement of navigation channel along the upper reach of the Mekong River, and longplanned inter-basin diversion proposals in Thailand, and so on, contribute to significant upstream-downstream implications. 4

At the same times, several other regional frameworks and several bilateral and multilateral initiatives for the Mekong development have emerged. (See Appendix A). In the recent time the decline of and increased competition for the oversea development assistance globally prompt donors to place more pressure on the recipient countries and organizations to improve effective use of their tax-payers money through a closer collaboration and good governance. A lot need to be done before that a truly regional collaboration and governance can come true. Key Institutional Issues in Mekong Basin: Mekong2, 4 or 6: To Be or Not to Be It is true that the Mekong Region is lacking a truly regional body equipped with real power to develop and ensure compliance of a shared vision and action of the sustainable development of the whole Mekong Basin. To have the all six Mekong Basin Countries to get more actively and closely involved in a well-structured and clearly mandated international cooperation for its sustainable development and management is a very daunting task. Due to the geographical and other considerations, Myanmar s involvement may be not seen urgent at this point. Some observers argued that China is likely to join only when: (i) 08 hydropower dam cascade on Lancang/Mekong is complete (by 2017 or 2025); or (ii) the Agreement and rules be modified to better suit Chinese agenda. [5] Another risk is that some better-off Mekong countries may want to address the Mekong development on a bilateral basis to their greater advantages and flexibility. But on the positive side, there is a good possibility for a more inclusive treatment. All six Mekong governments unanimously favour long-term development of the Basin s potential, but at the issue is how the pie will be shared. Congestion of Regional Initiatives How to manage and coordinate the congestion of the Mekong regional initiatives and frameworks is a complex issue that deserve full attention. (See Appendix A for more discussion) Numerous regional entities, and programmes either bilateral or multilateral, and stakeholders are here. Coordination and collaboration among them should not remain only as wishful thinking. Donor Community, International Financing Institutions, and Civil Society Should Do Better: Financing institutions, donors and cooperation partners, like ADB, World Banks and other civil society groups, may have some leverage on improved regional governance for the Mekong Basin. Observers argued that China decided to slow down and scale down its plan for navigation channel improvement for improved navigability for vessel for up to 100 DWT only, mainly due to the public outcry and external pressures mobilized by international community, and local and regional civil society organizations (CSO). The case proves their important role in representing the voice and advocating the interest of the basin community, since the direct participation of over 70 million inhabitant of the Mekong Basin is yet to be made possible in all Mekong Basin countries. The main obstacles for a broad-based participation include the lack of enabling legislation and consistent practice, and weak capacity at grassroots level with 5

combination of poverty, illiteracy and past experience of suppression. In addition to that, the regional scientific and research community has to play an increasing role, as the transboundary character of the decision making processes and problems in the Mekong region require an integrated regional scientific perspective on change and close engagement with a strong policy network capable of facilitating the regional governance. [4] The unique challenges of the Mekong Basin lie in the extreme diversity of political and economic systems that all Basin Countries adhere to. This diversity also implies different levels of the development and participation of the civil society organizations. Way Forward: Multi-Scalar Approach to Regional Governance The long list of stakeholders and players demonstrates the complexity and muli-layer of the Mekong Basin. The regional platforms that can cope with and adapt to this complexity and dynamism across spatial and temporal scales are not readily available, and not easily put in place anytime soon. Since, the national governments occupy a central position in almost all decision making processes, their participation in a well structured and transparent regional cooperation framework, is needed for any viable long-term management of the Mekong River Basin in a more concerted and holistic manner. Inter-Governmental Cooperation Set-Up: Despite its past and turbulent history, all 06 Basin Countries have now maintained very friendly relations and cooperation among governments' players. As the regional cooperation progressed from the negotiation and planning stage to a more concrete collaboration and implementation of activities, and with due regard to the complexity of stakeholders and players both state and non-states - in the development of the Mekong River Basin, the cooperation and coordination among these institutions and programmes become even more relevant and thus necessary. This can be started with the collaboration among governmental and inter-governmental actors, but that does not mean that the nonstate actors are excluded totally from the whole process. Due to their mandates and comparatively stronger potential for affecting positively and negatively the broader range of the basin community, a closer collaboration and interaction between MRC and ADB/GMS is highly recommended. Since March 2001, MRC and ADB have entered into a partnership arrangement under which both parties are committed to closer collaboration and exchange of information and expertise. Cooperation between ADB and MRC has recently gained momentum through more exchange of visit and ADB support to MRC flood programme and navigation programme. To build on recent progress and to exploit more fully the potential synergies between MRC work programmes and GMS programme, especially at project/programme implementation level, a deeper and more streamlined cooperation should be considered, including possibility of sharing the common rules, standards, knowledge base, and secretariat support and so on. Closer collaboration with ASEAN also deserves full attention. It would in the interest of the whole Mekong Basin, if the policy and technical dialogue between ASEAN, ADB GMS and MRC is further strengthened, and greater and more meaningful interaction among MRC programmes/working groups with those of ASEAN and GMS ensured. 6

Some observers maintained that despite institutional pluralism, the decision making process remains under almost monopolized control of the national and intergovernmental actors and cooperation frameworks. In general, those state and inter-state institutions have neither been adequately mandated nor staffed yet to address and balance a very complex and highly dynamic inter-linkage between social, economic and environmental imperatives and interests with a broad-based involvement of relevant stakeholders. Some of them have initiated some early steps for public participation, mainly at the insistence of donors and lending institutions. This trend of public participation must be further encouraged and pressed for. The aptitude to embed and implement good governance practices, such as accountability, transparency, access to information and public participation must be further institutionalized. Accountability, Social Equity, and Access to Information In practice, International agreements and programmes for development of the Mekong Basin are normally negotiated by the governments' representatives with complex agendas. Back in their respective countries, they have to face complex and dynamic national institution and social relationship invested by a variety of social actors that enter competitions to utilize, to access and manage water and its related resources. At this stage, the direct participation of over 70 million inhabitants is very difficult, if not impossible. However, their voice must be heard and interests must be represented and protected by appropriately empowered civil society organizations. Since intergovernmental organizations are accountable to the governments established it, all riparian governments must allow through enabling legislation space and opportunity for the national and regional civil society organizations to represent the diverse interests in the community. [8] Rights and access of concerned people and civil society organizations to information on those projects and programmes likely having significant impact on their livelihood and interests must be guaranteed by law and consistent practice. Legitimacy and Public Participation: The first step towards effective planning is the building of collaborative relations across the basin, and this requires understanding, trust and breadth of shared vision. Furthermore, it is now recognized almost worldwide that successful planning must be inclusive and take into consideration the needs and aspirations of all stakeholders. The public participation is mainly defined as a process through which key stakeholders gain influence and take part in decision-making in the planning, implementation, monitoring and evaluation. It means that public participation is much more than just the sharing of information and data, but also a true participation in decision-making process. Public participation in these processes is slowly increasing in Mekong Basin. However, achieving the broad-based public participation is a great challenge, given the different political systems and the modest tradition of public participation in riparian governments decision-making in the region. Appropriate legislation must be put in place for national governments, donor and lending institutions, and regional intergovernmental bodies, to create enabling environment for this participation in the decision making process. 7

In some countries, a move toward that enabling environment is extremely challenging. In that transition, the International non-governmental organizations, such as IUCN, WWF, Oxfam and other technical cooperation agencies implementing Mekong basin-level initiatives would continue to ensure that the voice of the Basin community is heard, by using their relatively close contact with the grass-root and their regional voice. Role of Donors and Financing Institutions The World Commission on Dams rightly puts it that in the absence of effective regional or international agreements and mechanism, other measures need to be invoked, including the role and leverage of international donors and financing institutions. [7] The ability of Mekong Basin countries to implement large scale water projects and dam projects in the Mekong Basin is often related to financial and technical support from external agencies and the effectiveness of public opinion in influencing public policy. In this regard, Mekong Basin countries fall into three broad categories: (1) China and Thailand are believed to possess financial and technical resources to undertake those major projects independently, but it needs some forms of external support for other major projects and programmes in the dam and other sectors. (2) Viet Nam and Myanmar may be capable of undertaking the project independently, but rely financially and technically on external support for other projects and programmes in the same sector; and (3) Cambodia and Laos require both financial and technical support for a significant proportion of all major water and water related projects. The financing agencies can continue to influence good governance in the Mekong region. In addition, the active networking across borders can inform public opinion and encourage moves towards a policy of co-operation. Water issues need to be coordinated and inclusive. Common standards, and funding and lending policy among those donors and funding agencies must be in place and applied in a very consistent manner. Hence, donors and financing institutions have to commit themselves to contribute to make it real. CONCLUSION Water is seen by some as the foreign policy issue of the 21 st century. However, one of the major challenges for the immediate future of the Mekong sub-region is to ensure that the issues of the regional basin management gain the prominence they deserve at the highest levels of the political establishments within all Mekong riparian countries. This is not always evident among the Mekong riparian countries, where their foreign policy works are often focused or preoccupied with issues related to security, and foreign trade and investment, rather than on water resources management per se. We cannot forget that the population of the basin has doubled over the past 30 years and is estimated to grow another 30 to 50 percent in just another 25 years. This growing population will dramatically increase pressure to develop the basin s resources in order to meet demands for food, water and energy. If countries are to live peacefully and equitably within a river basin it is obvious that there must be a true spirit of transparency, trust and mutually beneficial cooperation both within and between countries. If development is to be successful and sustainable within the Mekong River Basin, it is also a must that development must take a basin-wide perspective if it is to 8

help in reducing, rather than intensifying, tensions among Mekong countries and people. The absence of common policy and legal instruments means that a reference point is lacking which could otherwise be used to prevent or solve differences or dispute. The solutions to the issues of sustainable development are complex and multifaceted. But the solutions can be found. It is time for a concerted and concreted action. If there is a will, there is a way. REFERENCES: [1] Mekong Secretariat, The Mekong Committee: A Historical Account (1957 89 ), Secretariat of Interim Mekong Committee, (1989). [2] MRC-UNEP, Mekong River Basin Diagnostic Study Report, (1997). [3] MRC, State of the Basin Report, MRC Secretariat (2003). [4] Nathan Badenoch, Transboundary Environmental Governance, World Resources Institute (2002). [5] Blake D. Ratner, The Politics of Regional Governance in the Mekong River Basin, Global Change, Volume 15, Number 1, February 2003. [6] Sokhem Pech, Sustainable Utilization of International Drainage Basin Resources: Its Application in the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin, Calgary University, (1995). [7] World Commission on Dams, Dams and Development A New Framework for Decision Making, Earthscan, (November 2000). [8] Mingsarn Kaosa-ard & John Dore, editors, Social Challenges for the Mekong Region, Chiang Mai University, (2003). [9] Amy Otchet, UNESCO creates Water Cooperation Facility to meditate water disputes, UNESCO Media Services, (2003) [10] MRC/WUP/FIN, Modelling Tonle Sap Watershed and Lake Processes for Environmental Change Assessment, MRC Secretariat (2003). 9

Appendix A: Regional Bodies and Initiatives in Mekong Basin Great Mekong Sub-Region (GMS) is the largest programmes established in 1992 by the Asian Development Bank encourage trade and investment among GMS countries. While Mekong River Commission (MRC) is the only regional body mandated by the international treaty with a task of managing the Mekong River Basin among the four lower Mekong countries, the Greater Mekong Sub-region (GMS) is the only regional forum in which all six Mekong riparian countries participate. When MRC operates only within the Basin Boundary of the Lower Mekong River, the GMS programme encompasses the whole of Yunnan, Myanmar, Laos, Thailand, Cambodia, and Vietnam. Quadripartite Agreement on Commercial Navigation Lancang-Mekong seems to be the only treaty relating to the Mekong River that China is a party to. According to this Agreement, the river stretch of over 886 km from Samoa port in Jinghong, China, to Luang Prabang in Laos, are open to navigate freely by the commercial vessels from the four parties to this Agreement (China, Myanmar, Laos and Thailand. There are more than 100 shoals, rapids and reef in that section, of which 11 major rapids and 10 reefs were considered to be seriously threatening. Association of Southeast Asian Nations (ASEAN) is another regional body set up in 1967 to promote free-market principles and improve standards of living. ASEAN now includes all 10 countries in Southeast Asia. In 1996, ASEAN inaugurated the Basic Framework of ASEAN-Mekong Basin Development Cooperation (AMBDC). In 2000, ASEAN launched Initiatives for ASEAN Integration (IAI) to help its four new member countries along the Mekong River - Cambodia, Laos, Myanmar, and Vietnam (CLMV) - narrow the development gaps and helping them to fully integrate into the ASEAN. In 2003 summit with ASEAN, Japan PM pledged US$ 1,500 million for the Mekong development. At the fifth ASEAN + China Summit in November 2001, Chinese Premier Zhu Rong Ji declared that in order to strengthen the cooperation in the Mekong Basin, China is willing to provide US$ 05 million to assist the implementation of the navigation channel improvement project. UNESCAP is a UN Regional Body with the longest history of promoting economic development in the Mekong region. In 2000, ESCAP declared the years of 2000 2009 as the Decade of the Greater Mekong Sub-region Development Cooperation. Ayeyawady-Chao Phraya-Mekong Economic Cooperation was formalized at the 12 November 2003 Summit of the heads of the governments from Cambodia, Laos, Myanmar and Thailand, took place in Bagan, Myanmar. Non-Governmental Organizations and Programmes: A number of international non-governmental organisations have developed basin-level initiatives to promote environmental sustainability and natural resource conservation. These include the World Conservation Union (IUCN), the World Wide Fund for Nature (WWF) and Oxfam, and so on. The initiatives are to strengthen the capacity of governments, civil society groups and other key stakeholders to work together at a regional level in finding solutions to basin-wide and transboundary environmental problems and continuing this collaboration for the long term. 10

Appendix B: Location Map of Mekong Basin 11