27 March 2008

To: Mr. Jeremy Bird, Chief Executive Officer of the River Commission Secretariat Vientiane, Lao PDR

Re: Requests from Mekong civil society to the new MRC CEO

We write this letter on your new appointment as the Chief Executive Officer of the (MRC) Secretariat. While we congratulate you on this new position, we believe that you join the MRC at a most challenging time. The need for a credible and effective river basin management organisation in the Mekong Region has never been more apparent, yet for the MRC a crisis of legitimacy and relevancy is looming. We are writing to you to express our dissatisfaction at the MRC’s lack of responsiveness to legitimate civil society groups’ concerns.

On 12 November 2007, 201 civil society organisations and individuals from 30 countries around the world, including 126 citizens groups from the Mekong countries, sent a letter to the MRC expressing concern over the revival of plans to build dams on the lower Mekong River, and demanded the MRC uphold the 1995 Mekong Agreement. The MRC failed to reply to this letter. Instead, an MRC press statement dated 15 November 2007 stated that “the responsibility of the Mekong River Commission is to support its Member States…This means that the MRC’s primary role is to serve its Member States in ways it is requested to.”

This position clearly contradicts the MRC’s Strategic Plan 2006-2010 that commits the MRC to promote the principles of Integrated Water Resources Management (IWRM), a central tenet of which is genuine engagement with all stakeholders. It is now widely recognised that without buy- in from all those who receive or are threatened by negative impacts, especially communities living alongside the river, equitable and sustainable management of river basins cannot be achieved.

Proposals for extensive hydropower development are proceeding rapidly throughout the Mekong basin, including the Mekong mainstream dams. On 13 February 2008, Mega First Corporation Berhad signed a Project Development Agreement with the Lao government for the proposed Don Sahong dam. This is a marked step forward beyond the preparation of a feasibility study. The Don Sahong dam has been identified by a number of international organisations as a high-risk project. It is located in a potential RAMSAR site and is likely to result in significant transboundary impacts on fisheries, with serious consequences for the food security of riparian communities, as well as commercial fishing activities. Furthermore, the dam is located less than two kilometres upstream of the third largest group of Irrawaddy dolphins in the Mekong River that are listed in the IUCN Red List as a critically endangered species.

Regarding water utilisation on the Mekong mainstream, the 1995 Mekong Agreement, Article 5, states that “During the dry season: a) intra-basin use shall be subject to prior consultation which aims at arriving at an agreement by the Joint Committee”. The MRC’s subsequent “Procedures for Notification, Prior Consultation and Agreement” requires further clarification, as critical details are left aside.

The MRC must unambiguously and publicly state the detailed procedures for notification and agreement on mainstream projects, in particular rules on public disclosure of project documents and related MRC analytical work, processes and timelines for transboundary public consultations, and the current status of each proposed Mekong mainstream dam project in relation to the notification and agreement procedures.

The MRC considers itself a scientific, knowledge-based organisation. We believe that this scientific research, funded almost entirely by donors that have explicit commitments to transparency and accountability, should be openly applied in the public domain as a public service to address issues that are in the interest of all in the Mekong basin. We understand that the MRC Secretariat has already prepared an analysis of the draft Don Sahong EIA together with an economic valuation of the potential loss of fisheries resources that could be incurred by the Don Sahong dam. A key question to the MRC on this is why have these analyses not been publicly released?

The MRC must immediately place these documents in the public domain.

Concerns over the current situation in the Mekong basin have also been raised by the MRC’s member states. We note that, in reference to the Don Sahong dam, H.E. Lim Kean Hor, Chair of the CNMC and current Chair of the MRC Council told the press service DPA on 15 November 2007 that the MRC needed independent expert studies of environmental impact assessments. He later told Cambodia Daily on 22 February 2008 that the MRC was studying the impact that the Don Sahong dam might have, and a report would be released before the end of the year.

The MRC Secretariat must publicly declare the purpose and content of this report, and outline how the public will be involved in its preparation.

The MRC’s donors also expressed their concern in the Development Partners Consultative Group statement issued on 15 November 2007 in Siem Reap, Cambodia: “Development Partners are particularly concerned that public and private stakeholders are not being consulted, and that the cumulative impacts of dams on fisheries and food security are not being given adequate attention.”

Given the widespread concerns over the effectiveness of the MRC, we ask you to respond to the questions and issues raised above and clarify the initial steps that the MRC will undertake, and for your opinion on the role and responsibilities of the MRC within the accelerating development plans proposed for the Mekong basin.

We recognise that your past experience as a senior member of the World Commission on Dams Secretariat makes you well qualified to recognise the significant threat that large-scale water and energy infrastructure present to river-dependent communities and to sustainable development, and for the need for genuine engagement with all civil society groups and communities who will be affected by proposed projects. Therefore, we look forward to receiving your reply.

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Yours sincerely,

Thaylay Burma Rivers Network, Burma Sai Kher Hseng Ethnic Committee and Development Forum, Burma Kyar Pat Lahu Nationalities Development Organization, Burma Oum Kher Shan Sapawa Environmental Organization, Burma Wong Aung Shwe Gas Movement, Burma Nay Myo Mg Citizen, Rangoon, Burma

Chhith Sam Ath NGO Forum on Cambodia, Phnom Penh, Cambodia Somony Pen Cambodian Volunteer for Society (CVS), Phnom Penh, Cambodia Meach Mean 3S Rivers Protection Network, Ratanakiri, Cambodia Mak Sithirith Fishery Action Coalition Team (FACT), Phnom Penh, Cambodia Southeavann Chhoeng Student, Phnom Penh, Cambodia Caroline Sayers Volunteer, Phnom Penh, Cambodia Bun Sambath Youth Resource Development Program (YRDP), Phnom Penh, Cambodia Long Khet Youth for Peace, Phnom Penh, Cambodia Suphana Om Citizen, Phnom Penh, Cambodia

Zhao Zhong Green Camel Bell, Gansu Province, China Wen Bo Pacific Environment, Beijing, China Hou Ye Citizen, Kunming, China

Chanthalangsy Sisouvanh Citizen, Vientiane, Lao PDR Namthipkesone Bouttasing Citizen/Student, Vientiane, Lao PDR Phoutthasinh Pimmachanh Citizen, Vientiane, Lao PDR Sengphouxay Inthavikham Citizen, Vientiane, Lao PDR Sombath Somphone Citizen, Vientiane, Lao PDR Sengathid Citizen, Vientiane, Lao PDR Phonexaisak Citizen, Vientiane, Lao PDR

Niwat Roykeaw Chiang Khong Conservation Group, Chiang Rai, Jeremy Mak The Educational Network for Global and Grassroots Exchange (ENGAGE) USA/Thailand Pim Koetsawang Friends Without Borders, Chiang Mai, Thailand Steve Thompson Images Asia E-Desk, Chiang Mai, Thailand Sumat Phulaiyao Living River Siam - SEARIN, Chiang Mai, Thailand Prayong Atthachack Loei Fund for Nature Conservation and Sustainable Development, Loei, Thailand Somkiat Khunchiangsa Mekong-Lanna Natural Resources Conservation Network, Chiang Rai, Thailand Phra Poolthai Triradhmmo(Lawakorn) Monk, Chiang Mai Province, Thailand Sodsai Srangsok Mun River Community Organisations Network, Ubon Rachathani, Thailand 3

Suwit Kulapwong Northeastern Network on Salinity and Mining Study, Udon Thani, Thailand Bupatip Chamnil Rak Khao Chamao Group, Rayong Province, Thailand Hans van Willenswaard Resident, Bangkok, Thailand Pianporn Deetes Rivers Watch East and (RWESA), Chiang Mai, Thailand Sai Sai Salween Watch Coalition, Thailand Montree Chantawong Thai People’s Network for Mekong, Thailand Supawadee Petrat Thai Volunteer Service (TVS), Bangkok, Thailand Premrudee Daoroung Towards Ecological Recovery and Regional Alliance (TERRA), Bangkok, Thailand Jiraphat Buain Youth for Local Wisdom Project, Chiang Mai, Thailand Aphatsorn Sombunwatthanakun Citizen/Student, Chiang Mai University, Thailand Chatchawan Thongdeelert Citizen, Chiang Mai Province, Thailand Pathsara Roophan Citizen, Surathani, Thailand Wallapa van Willenswaard Citizen, Bangkok, Thailand Witoon koomhom Citizen, Rayong Province, Thailand

Dao Thi Viet Nga Center for Water Resources Conservation and Development (WARECOD), Vietnam Nguy Thi Khanh Center for Water Resources Conservation and Development (WARECOD), Vietnam Thang T Citizen, Hanoi, Vietnam

Contact with respect to this letter:

Premrudee Daoroung Director Towards Ecological Recovery & Regional Alliance (TERRA) 409 Soi Rohitsuk Pracharajbampen Road Huay Kwang, Bangkok Thailand 10320 [email protected] Tel : (66 2) 691-0718-20 Fax: (66 2) 691 0714

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