Mekong River Commission egional Flood Management and Mitigation Centre (RFMMC) Trans-boundary Flood Issue in Lower Mekong River Basin Dr. Lam Hung Son FMMP Programme Coordinator Second Asia Pacific Forum, Chiang Mai, Thailand, 16-20 May 2013
Regional Flood Management and Mitigation Centre (RFMMC): Presentation on Transboundary Flood Issues 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
MRC Flood Management and Mitigation Programme 2004-2010 pilot case for sharing information
Working definition of TB flood issue IMPACT Any existing or potential substantial adverse impact on the natural, economic or social environment within an area of a Riparian State 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 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 Upstreamdownstream 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
OUTLINE OF THE REVISED FMMP COMPONENT 3 Strengthening Cooperation and Enhancing Capacity of the MRC in addressing differences in trans-boundary flood issues. Information List of TB Flood Issues; Set of international, regional and national Best Practices, Instruments and Case Studies; Awareness and Skills Common understanding about mandate and options Better awareness, knowledge and skill re Conflict Management and Resolution; Toolbox List of needed tools for facilitaing Addressing Differences and Disputes Administrative Tools Technical Tools; 1
The FMMP Component 3 design Year 2007 Year 2008 Year 2009 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 List of TB flood issues 1.1 National Identification 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 OUTPUT 1: INFORMATION GENERATION Common understand on mandate and roles 2.1 Clarification of Mandate General awareness raising, knowledge and skills building 2.2 Training on conflict management & resolution 2.3 Study tour OUTPUT 2: AWARENESS RAISING, KNOWLEDGE AND SKILLS BUILDING 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 OUTPUT 3: TOOLBOX DEVELOPMENT Guidance on the paths and steps for process of addressing differences in TB issues via MRC 3.1 Establishing administrative tools f or addressing transboundary dif f erences and disputes
Training materials Capacity Building Programme Identification of Transboundary Flood of IssuesIdentification at Transboundary Flood IssuesIdentification of Transboundary Flood IssuesIdentification at National Level of (Thailand) Transboundary Flood Issues at National Level (Vietnam) National Level at National (Cambodia) Level (Lao PDR) 4 National Reports Identification of Transboundary Flood Issues at National Level and Regional compilation Transboundary Flood Issue Identification, Jan. 2008 (Working Paper) Legal Aspects of the Mandate of the 1995 Mekong Agreement for Enhancing Cooperation in Addressing Transboundary Flood and Related Issues, Oct. 2007 (Working Paper)
MEKONG STUDY TOUR EUROPEAN STUDY TOUR CHINA 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. 18
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 - 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 Steps: Art. 35 - Governments Phase 3, continued 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
FMMP Framework for Addressing and Resolving TBFls Phase 1: Identifying TBFl / TBIDD (P1 S1 & S2) STEP 1 STEP 2 JC sends report to MS, informs other MSs and C C approves, JC / MSs reports, monitor agreement No 5 6 End of Process MS concerned TBFIs: REAL sends Notice (with or Perceived* data & information Flood Treat available) to CEO 1 2 CEO informs JC & all MSs 3 JC reviews information and determines if TBFI is serious 4 Don t 7 Yes Proceed to P1S3 A know JC need more Data & Information from MS & MRCS 8 * 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 Figure 1 21
FMMP Framework for Addressing and Resolving TBFls Phase 2: MRC Approach (P2 S5) STEP 5 D MA95 Art. 18C MRC addresses & resolves, C consultation 39 *MRCS & Technical Tools to facilitate at JC request TBFI / TBIDD solved? 41 Yes C report findings & send to MSs & JC No Proceed to P3 C approves, reports, JC / MSs monitors agreement implementation End of Process 44 E 40 42 43 ** Parties may request JC approval for MRCS to facilitate and use its technical tools Figure 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
Regional Flood Management and Mitigation Centre (RFMMC): Presentation on Transboundary Flood Issues 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
MRC-FMMP/RFMMC CORE FUNCTIONS The Operational Unit (OU) of MRC s RFMMC in Phnom Penh, Cambodia issues to MRC Member Countries and Dialogue Partners: 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. http://www.mrcmekong.org/index.htm 36
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