Mekong River Commission

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1 Mekong River Commission 184 Fa Ngoum Road, P.O. Box 6101, 184 Fa Ngoum Road, Unit 18 Ban Sithane Neua, Sikhottabong District, Vientiane 01000, Lao PDR Telephone: (856-21) Facsimile: (856-21) Consultancy Summary Date: 6 th December 2017 Title of Consultancy: National Expert on Socio-economics to Support: a) The MRC Review and Update of the Preliminary Design Guidance (DG2018); b) The Review and Update of the Sustainable Hydropower Development Strategy (SHDS2019); and c) Implementation of Joint Action Plan for Pak Beng Hydropower Project (JAP-PBHPP) Type of Consultancy: Division: Special Service Agreement (SSA) MRCS Planning Division Duration: January to December 2017 Duty station: Reporting to: Total number of days: 37 working days Homebased and possible travel in the home country and region MRCS Director of Planning Division Required Deliverables: Please refer to deliverables in section 5 of this TOR Daily timesheet requirement: Monthly work plan requirement: Monthly timesheet requirement: 2 Background and justification Terms of Reference Yes, submitted with invoice At inception of the work Yes, submitted with invoice Hydropower is recognized as an important development opportunity for the Mekong River Basin and the people living within it. As set out in the Mekong River Commission s Strategic Plan (2016 to 2020) and the Basin Development Strategy ( ), this basin development is to follow Integrated Water Resource Management (IWRM) principles. The need to improve the sustainability of the basin s hydropower developments is a key Strategic Priority in the Mekong Basin Development Strategy. With the significantly increasing scale and prevalence of this energy option, all MRC member countries are taking steps to understand and employ sustainable hydropower considerations. Hydropower in the LMB is embedded in a closely woven social and environmental fabric. The region s people derive substantial proportion of their livelihood and nutrition from the tributaries and mainstream of the Mekong. Ecosystems services support both these livelihoods and a rich and globally unique biodiversity. The planning and implementation of hydropower should aim to ensure 1

2 that these livelihoods are preserved and enhanced and that the supporting biodiversity is maintained wherever possible. 2.1 Review and Update of the Preliminary Design Guidance The MRC developed the Preliminary Design Guidance for Proposed Mainstream Dams in the Lower Mekong Basin (PDG) in 2009 in response to the imminent development of several hydropower dams on the mainstream and in the absence of any available regional guidance for developers and member countries on risk mitigation. To date the PDG has formed the basis for PNPCA submissions made by MRC Member countries and assessments made by the MRC Experts of three mainstream dams; Xayaburi (1285MW, 2011), Don Sahong (260MW, 2014) and Pak Beng (950MW, 2017). During these assessments, it has become clear that there are certain gaps in the PDG that may need to be filled and also areas of ambiguity that need to be clarified. In addition, the question of the applicability of the Guidelines to significant tributary projects, that may have trans-boundary impacts, has been raised by member countries. 2.2 Review and Update of the Sustainable Hydropower Development Strategy The MRC has studied alternative hydropower development pathways as part of the Assessment of Basin-wide Development Scenarios 1. In this analysis a range of Development Scenarios were considered and the benefits and costs analysed. Focusing particularly on main stream dams, this analysis allowed a comparison of the relative impacts of the alternative Scenarios on environmental and socio-economic indicators. Under the LMB Long Term Development Scenario with the Lancang hydropower development and all planned LMB mainstream dams, the loss in capture fisheries was estimated to be 1000kt/year, or 40% of the yield. In addition, the recently completed MRC Council Study has further highlighted these difficult tradeoffs. These major trade-offs in economic, environmental and social values is a major focus of this Sustainable Hydropower Development Strategy. MRC studies and regional and international research recommend that basin-wide cooperation, integrated development planning, development and management is essential to achieve basin scale sustainable development and is critical for the Mekong Basin. The intention is that alternative hydropower development pathways are properly considered in this SHDS so that the trade-offs between economic, social and environmental factors and the energy, water and food nexus are understood and openly discussed between Member Countries with a view to a balanced Basin Development Strategy. 2.3 Joint Action Plan (JAP) The Government of Lao PDR submitted to MRC Secretariat on 4 th November 2016 the proposed Pak Beng Hydropower Project (PBHPP) for prior consultation under the MRC Procedures on Notification, Prior Consultation and Agreement (PNPCA). The proposed PBHPP is planned in the Lao PDR s northern province of Oudomxay, as a new run-of river project. It will be the upper most of the five Mainstream hydropower dams proposed for the northern part of Lao PDR. The power plant is planned to have an installed capacity of 912 MW, designed to discharge the flow of 5,771.2 cubic meters per second. 1 Assessment of Basin-wide Development Scenarios, Main Report April

3 During the six-month prior consultation process the notified member countries discussed and evaluated the impact of the proposed use upon their uses of water and the Mekong River System. MRCS reviewed the developer s impact assessments and the likely effectiveness of the proposed mitigation measures and proposed additional recommendations with a view to further avoiding, minimizing and mitigating transboundary environmental and social impacts. These recommendations are included in a Technical Review Report (see mrcmekong.org), which the MRC Joint Committee used as a basis for arriving at an agreement. The Special Session of the MRC Joint Committee (JC) convened on 19 June 2017 at the end of the prior consultation process for the Pak Beng Project agreed a Statement on the prior consultation process for the Pak Beng Hydropower Project [PBHPP] in Lao PDR pending confirmation from the Member Countries. In the same week, all the member countries officially endorsed the Statement. The Statement included a request to the MRCS to support the preparation and implementation of a Joint Action Plan (JAP) that outlines a process for implementing the Statement.. The JAP is a cooperative mechanism to jointly further explore viable and practical measures to avoid, minimise or mitigate potential impacts, and enhance any positive impacts. To implement the JAP, one of the tasks is to review and evaluate the submitted documents from Lao PDR and the MRCS on design and operating rules of the Pak Beng HPP. If the review process of such submitted documents is realised in 2018, then the national expert will be expected to provide technical support to NMCS for the review and therefore consultancy fee for the work can be claimed. If otherwise, no claim of consultancy fee can be entertained. 3 Objectives The objective of this consultancy is to: a) Support the NMCS in reviewing and coordinating national input of the socio-economic sector at the national level for its inclusion in the process of reviewing and updating of the Preliminary Design Guidance; b) Support the NMCS in reviewing and coordinating national input of the socio-economic sector to ensure the updated Sustainable Hydropower Development Strategy is properly addressed the socio-economic issues. c) Provide technical support to the NMCS in regard to reviewing and providing inputs to the draft technical report of the design and operating rules prepared by the MRCS expert team, particularly on sections related to socio-economics. 4 Responsibilities and tasks The National Socio-economics Experts will carry out the following tasks. 4.1 Review and Update of the Preliminary Design Guidance - Coordinate national technical reviews of Design Guidance (2018) and relay these comments to the MRCS Sustainable HP Specialist through the NMC HP Focal point; - Provide, in a timely way, any relevant up to date National Standards, Guidelines or Regulations (or relevant studies) regarding their sector to the MRCS Sustainable HP Specialist through the NMC HP focal point; - Liaise with their National Agencies in their particular field on the proposed updated sections and changed performance standards contained in the various updated drafts of the DG2018; 3

4 - Gather comments in writing from national line agencies on the Drafts of the DG2018 and provide them in writing to the MRCS Sustainable HP Specialist through the NMC HP focal point; - Assist the NMC and MRCS in facilitating the National/ Regional review and consultation as requested; - Assist the NMC and MRCS in explanation of final proposed DG2018 to line agencies and other stakeholders. 4.2 Review and Update of the Sustainable Hydropower Development Strategy - Collect and provide all relevant information requested by the SHDS2018 technical team with regard to the Socio-economics, and also research, with national line agencies, additional information that may be useful for the SHDS2018 process. - Work with the technical team to consider alternative hydropower development pathways and their trade-offs to the Socio-economics in their national zones; - Assist International Consultants in the facilitation of the National review and consultation and Interactive Planning Workshops as requested by the Team Leader through the MRCS Sustainable HP Specialist; - Review the relevant sections of reports and discussion papers and liaise with national line agencies to clarify and comment; - All comments and recommendations are to be provided in writing to the Sustainable Hydropower Specialist through the NMC focal point. 4.3 Joint Action Plan (JAP) - Conduct technical review and provide comments on the the draft technical reports of the design and operating rules prepared by the MRCS expert team on sections related socioeconomics if it comes. 5 Deliverables and timelines The National Expert will produce the following outputs in close collaboration with concerned staffs of MRCS Planning Division (see above) and their experts: 5.1 Review and Update of the Preliminary Design Guidance Deliverables Item 1. Gather inputs from other national line agencies and experts on socio-economic aspects of the updated PDG. Provide written comments from NMC to MRCS 2. Coordinate discussion of relevant Socio-economics sections of revised DG2018 Draft V0.2 with NMC and line agencies and provide written comments; 3. Participate and provide support to the NMC during National Consultation; gather and document stakeholder comment March April May

5 Item 4. Coordinate discussion of relevant Socio-economics sections of Final Draft DG2018 with NMC and line agencies and provide written comments; 5. Participate in Regional Meeting assist NMC to gain consensus on final wording of DG2018 V June June 2018 Total Working Review and Update of the Sustainable Hydropower Development Strategy -Deliverables Item 1. Gather inputs from other national line agencies and experts relevant to the SHDS2018 including relevant national social assessments, SIAs and socio-economic studies related to hydropower. Provide timely written answers to information requests from MRCS. 2. Participate in the Regional Workshop in the Inception Report. 3. Work with the technical team to consider alternative hydropower development pathways and their tradeoffs to the socio-economics in their national zones. Provide inputs on relevant areas of the Council Study and BDP2. 4. Assist the international Consultants in the facilitation of National Consultation on the Discussion Paper # April June 2018 Mid-June 2018 (NC) 5. Assist International Consultants in the facilitation of the two Interactive Planning Workshops as requested by the Team Leader through the MRCS Sustainable HP Specialist; 5 31 July 2018 (IPW#1), 31 October 2018 (IPW#2) 6. Review the relevant sections of reports and position papers and liaise with national line agencies to clarify and comment; 5.3 Joint Action Plan (JAP) Total Working 18 2 December 2018 Item 1. Reviews and comments on the the draft technical reports of the design and operating rules prepared by the MRCS expert team on sections related to socioeconomics. 5 Date to be determined, subject to the availability of submitted documents from Lao PDR 5

6 6 Working arrangement Reporting line: MRCS Director of Planning Division Communication line: The national expert will work under the strategic guidance of Director of the MRCS Planning Division and work closely with Chief River Basin Planner for the JAP and Sustainable Hydropower Specialist (MRCS Planning Division) for the updated PDG and SHDS as well as concerned international consultants. Furthermore, the national expert will work in close collaboration and coordination with the NMC Secretariat through national hydropower focal point. Work station: Home office work and possible travel in the home country or regionally. 7 Qualifications and Requirements The National Socio-economics Expert will have the following qualifications: A Master degree or equivalent in social science, economics or similar; Extensive regional experience in socio-economics; Experience on socio-economic impacts of dams on fisheries communities, including mitigation measures; Demonstrated ability to write technical reports; Very good written and oral communication skills in English; Very good knowledge of the LMB and Mekong River Commission and the regional situation regarding Socio-economics; Good conceptual and analytical thinking, communication and writing skills; Proven experience in working within multi-disciplinary teams; and 8 Condition of payment Payment will be made based on the delivery of the above deliverables in section 5 by submitting progress reports and timesheet to be certified by NMC Secretariat. All deliverables must be satisfactorily accepted by the MRCS Planning Division. 9 Intellectual property rights Intellectual property rights - IPR: Information, data, database, knowledge resources in the forms of briefings, reports, proceedings, articles, essays, etc. issued by and for the MRCS will be the MRCS property. Any utility, announcement and disclosure that are without MRCS highest levels of authority permission is considered illegal and will be charged by relevant local and international legal procedures. 10 English competency The National Expert will require excellent English skills for the work with a TOEIC score of over 600 except for those who have PhD from Native English Speaking countries. 6

7 11 Signature block MRC Secretariat Division: Planning Division Name of Director: Dr. An Pich Hatda Signature: Date: Consultant Name of consultant: Signature: Date: