Trans-boundary Flood Issue in Lower Mekong River Basin

Regional Flood Management and Mitigation Centre (RFMMC) Mekong River Commission

Dr. Lam Hung Son

FMMP Programme Coordinator

Second Asia Pacific Forum,

Chiang Mai, Thailand,

16-20 May 2013

Lower Mekong Basin shares border with four MRC Member Countries: Cambodia, Lao PDR, Thailand and Vietnam plus two upper Mekong Countries: China and Myanmar.

Numerous sectors: water (quality/environment), navigation, fishery, hydropower, flood&drought etc has its trans-boundary issues.

Trans-boundary flood issue is one of the complex and diverse subject driven by both natural occurrences and human activities.

Source: http://www.mekongboatsvietnam.com/mekong_map.jpg

Regional Flood Management and Mitigation Centre (RFMMC): Presentation on Transboundary Flood Issues

Mekong trans-boundary flood issues

1. upstream development;

2. floodplain development;

3. hydropower development in upper Mekong Basin & tributaries

4. bank protection, port development, sand excavation and

5. increased flooding on tributaries...

Regional Flood Management and Mitigation Centre (RFMMC): Presentation on Transboundary Flood Issues

Impact of the trans-boundary flood issues include:

- Wetland degradation

- Loss of cultivated land & island

- Disappearance of deep pools

- Reduced fish production

- Incremental bank erosion

- Risks of dams breaking

- Blockage of fish migration routes

- Determination in water quality and turbidity

- Damage of property and human life

Regional Flood Management and Mitigation Centre (RFMMC): Presentation on Transboundary Flood Issues

MRC Flood Management and Mitigation Programme 2004-2010 pilot case for sharing information

Working definition of TB flood issue

EFFECT

resulting from a change of the water

conditions during occurence

of floods and / or during the flood season(s)

of the Mekong river system

IMPACT

Any existing or potential substantial adverse

impact on the natural, economic or social

environment within an area of a Riparian State

CAUSE

caused by a human activity, originating

wholly or in part

from within area(s) of (an)other

Riparian State(s)

List of Regionally-concerned trans-boundary flood issues

Group 1: Issues related to floodplain developments within the Mekong Delta;

Group 2: Issues related to developments in the upstream part of the Lower Mekong Basin impacting the Mekong Delta;

Group 3: Issues related to the hydropower projects upstream of the Lower Mekong Basin;

Group 4: Issues related to the hydropower projects in Se San, Srepok, and Se Kong river basins (3S area);

Group 5: Issues related to bank protection and port development; sand excavation; communication of dam operations in upper reaches of the Mekong Mainstream;

Group 6: Issues related to increased floods on tributaries in North-West Cambodia.

1. Issues related to floodplain developments within the Mekong Delta

Bilateral issues between VN-CAM Upstream-downstream and vice versa relationship

Group 1

2. Issues related to developments in the upstream (Kratie) part of the Lower Mekong Basin impacting the Mekong Delta

Bi- and multilateral issues between MRC member countries Upstream-downstream relationship

Group 2

3. Issues related to the hydropower projects upstream of the Lower

Mekong Basin

Multilateral issues between MRC member countries and dialogue partner Upstream-downstream relationship

Group 3

4. Issues related to the hydropower projects in Se San, Srepok, and Se Kong river basins (3S area)

Bilateral issues between VN - CAM and Laos - CAM Upstream-downstream relationship

Group 4

5. Issues related to bank protection and port development; sand excavation; communication of dam operations in upper reaches of the Mekong Mainstream

Bilateral issues between Laos - Thailand Left bank – Right bank (and vice versa) relationship

Group 5

6. Issues related to increased floods on tributaries in North-West Cambodia

Bilateral issues between Thailand - CAM Upstream – downstream relationship

Group 6

1

4

Strengthening Cooperation and Enhancing Capacity of the MRC

in addressing differences in trans-boundary flood issues.

Information Awareness and

Skills Toolbox

List of TB Flood Issues;

Set of international, regional and national Best Practices, Instruments and Case Studies;

Common understanding about mandate and options

Better awareness, knowledge and skill re Conflict Management and Resolution;

List of needed tools for facilitaing Addressing Differences and Disputes

Administrative Tools

Technical Tools;

OUTLINE OF THE REVISED FMMP COMPONENT 3

OUTPUT 2: AWARENESS RAISING, KNOWLEDGE AND SKILLS BUILDING

OUTPUT 1: INFORMATION GENERATION

OUTPUT 3: TOOLBOX DEVELOPMENT

Year 2007 Year 2008 Year 2009

List of TB flood issues

1.2 Regional compilation

Set of Best Practices, Instruments & Case Studies

1.3 Compile international docs

1.4 Compile regional/nat'l docs

1.5 Finalization and

Dissemination the compiled documents

General awareness raising, knowledge and skills building

2.2 Training on conflict management & resolution

2.3 Study tour

1.1 National Identification

Practical knowledge and skills and mutual trust building

2.4 Implementation of pilot study

Improvement of impact assessment tool

3.2 Improvement of Hydrodynamic model for the Mekong Delta

Guidance on the paths and steps for process of addressing differences in TB issues via MRC

3.1 Establishing administrative tools for addressing transboundary dif ferences and disputes

Common understand on mandate and roles

2.1 Clarification of Mandate

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D

The FMMP Component 3 design

Training materials Capacity Building

Programme

“Legal Aspects of the Mandate of the 1995 Mekong

Agreement for Enhancing Cooperation in

Addressing Transboundary Flood and Related

Issues”, Oct. 2007 (Working Paper)

Identification of Transboundary Flood

Issues at National Level

(Cambodia)

Identification of Transboundary Flood

Issues at National Level

(Lao PDR)

Identification of Transboundary Flood

Issues at National Level (Thailand)

Identification of Transboundary Flood

Issues at National Level (Vietnam)

4 National Reports “Identification of Transboundary Flood Issues at National Level” and Regional compilation “Transboundary Flood Issue Identification”, Jan. 2008 (Working Paper)

MEKONG

STUDY TOUR

CHINA STUDY

TOUR

EUROPEAN

STUDY TOUR

1995 Mekong Provisions and Framework

• Intentions and expectations on addressing issues, differences

and disputes are to first attempt to prevent or mitigate such

circumstances through cooperation (through Articles 1, 2, 3,

4, 5, 6, 26).

• Offers a full range of options to address issues, differences

and disputes through Articles 7, 8, 10, 18C, 24F, 34 and 35.

• MRC FMMP has developed a Framework of the MA95

provisions and six step-decision-diagrams to illustrate how this

Framework and its 3 phases through numerous steps and their

actions or decisions can be utilized for addressing and resolving

TBFIs and other TBIDDs. Figures are linked by A-E circled

letters.

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MA 95 Framework for Addressing TB

Issues, Differences and Disputes 1995 Mekong Agreement

Chap. 1

Preamble

Chap. 2

Definitions

Chap. 3

Obj. & Prin. Of

Cooperation

Chap. 4

Institutional

Framework

Chap. 5

Addressing

Diff. & Disputes

Chap. 6

Final

Provisions

Art. 34 - MRC Art. 35 - Governments - Chap. 1 & 3 = intentions, mandates & processes

to promote cooperation & avoid/mitigate/resolve

harmful effects. - Key MRC programmes , procedures, guidelines

& tools to facilitate cooperation of members

- Chap. 4 = MRC forum of cooperation & to

address concerns; Council & JC functions to

address issues, differences and disputes (18C & 24 F)

MRC Processes to Address Transboundary Issues Differences and Disputes

Phase 1 Phase 2 Phase 3

Steps:

1. Identify

2. Notify

3. Acknowledge

Steps:

1. Assess

2. Confirmation

3. Select option/

approach

4. Resolve/refer

5. Record, report,

monitor

Steps:

1. Council

Refer to

Gov’ts

Phase 3, continued

Steps:

2. Governments apply diplomatic

channels to negotiate resolution; may

inform MRC Council of outcome

3. Governments apply mediation if

negotiation unsuccessful

4. Governments resort to arbitration or

adjudication under international law

5. Recommend any resolution or

conclusion under Article 35 be officially

communicated to MRC Council for

incorporation into decisions and

actions of MRC

19

Introduction to Framework’s

Diagrams

• Color coded blocks: red-threat/danger/?; orange-MS; yellow-CEO; pink

– JC; gray – C; green – MRC/MRCS data, info, tools; & blue – working

groups (FAG, EAT & MEG).

• Sequenced block numbers at bottom left of each box (or diagonal for

triangles) guides actions and decisions. Answers key questions: What?,

Who?, How? When? As illustrated for block No. 1 only.

• Three new groups should quickly be constituted and activated as

required to facilitate these activities: Flood Assessment Group (FAG) ,

MRC Expert Group (MEG) and External Assessment Team (EAT). Due to

serious and often unexpected nature of floods on mainstream and

tributaries, preparedness, rapid decisions and actions facilitated by these

groups are required to avoid or mitigate significant adverse effects and

substantial harm in a short timeframe. .

20

MS concerned

sends Notice (with

data & information

available) to CEO

JC need more Data & Information

from MS & MRCS

CEO informs JC &

all MSs

No

Don’t

know

Yes

Proceed to P1S3

STEP 2 STEP 1

FMMP Framework for Addressing and Resolving TBFls

Phase 1: Identifying TBFl / TBIDD (P1 S1 & S2)

JC reviews

information and

determines if TBFI

is serious

Figure 1

* Concerned party initiates discussion and dialogue with MRC to avoid/mitigate harm

MS = MRC Member State; C=Council; JC=Joint Committee; CEO=Chief Executive Officer

A

End of Process

C approves, JC / MSs

reports, monitor

agreement

TBFIs: REAL

or Perceived*

Flood Treat

1 2

3 4

5 6

7

8

JC sends report to

MS, informs other

MSs and C

21

FMMP Framework for Addressing and Resolving TBFls

Phase 2: MRC Approach (P2 S5)

TBFI /

TBIDD

solved?

C approves, reports,

JC / MSs monitors

agreement

implementation

*MRCS & Technical

Tools to facilitate at

JC request

Yes

No

Figure 5

** Parties may request JC approval for MRCS to facilitate and use its technical tools

MA95 Art. 18C

MRC addresses

& resolves, C

consultation

C report findings &

send to MSs & JC

agree

End of Process

D E

41

42 40

39

44

43

Proceed to P3

STEP 5

22

Pilot Study:

Transboundary Shariva River Basin

Agricultural area of high importance for rice farming in

Shariva Region

Legend Irrigated rice fields

Mining sites of high importance in Sha Country

Flooding in 2003 in the Shariva region

Main fish migration routes in the Shariva Basin

Nature conservation sites and occurrence of

protected bird species in the Shariva Basin

Location of the proposed hydropower dams

Key messages to address transboundary issues

• Enhanced cooperation with all parties concerned • Get consensus and mutual agreements among member countries on

working definitions and relationships between causes and effects • Promote data sharing and exchange information in timely and manner and

in quality • Undertake scientific researches and analysis • Promote same voices, harmonized policy and institutional arrangement • Improve national capacity to address the transboundary flood issues • Sustainable operation budget for integrated water resource management

(IWRM) • Link scientific analysis to policy makers decision making process • Target decision makers into policy agenda and regional/national

development plan include involve all key players into all processes of development cycle

• Database & Tools: River Flood Forecasting System & Flash Flood Guidance System of MRC-RFMMC are ongoing improvement and fine turning process

Visit MRC Website: www.mrcmekong.org

Regional Flood Management and Mitigation Centre (RFMMC): Presentation on Transboundary Flood Issues

MRC-FMMP/RFMMC CORE FUNCTIONS

1. Daily (once/twice) flood forecasting and warning during flood season, daily monitoring WL in dry season, for Mekong mainstream.

2. Flash Flood Guidance (3 hourly updates) and Flash Flood Alerts during critical weather situations.

36

The Operational Unit (OU) of MRC’s RFMMC in Phnom Penh, Cambodia

issues to MRC Member Countries and Dialogue Partners:

http://www.mrcmekong.org/index.htm

Thank you for your attention