531. From Transparent to Transparency: The Evolution of the Mekong River Commission's Prior Consultation Process
- Author:
- An Pich Hatda
- Publication Date:
- 10-2020
- Content Type:
- Special Report
- Institution:
- East-West Center
- Abstract:
- An Pich Hatda, CEO of the Mekong River Commission, explains that: “The mainstream hydrology is changing, affecting the timing and volume of reverse flows into the Tonle Sap Lake, and making any definition of the wet and dry seasons a moving target.” Chapter III of the 1995 Mekong Agreement outlines the objectives and principles that underpin transboundary governance in the Lower Mekong Basin (LMB). But the powers and functions outlined in the Agreement and the Rules of Procedures for the standing bodies, and the non-interventionist approach that underpins diplomacy in the region, dictate how this is done. While Chapter III of the Agreement outlines the intentions of transboundary governance, the more detailed processes that underpin water diplomacy were deferred to agreement on Rules for Water Utilisation and Inter-Basin Diversion, now the five MRC Procedures. These took another 20 years to finalize. The Procedures for Notification, Prior Consultation, and Agreement (PNPCA) may pose some of the biggest challenges for the Mekong River Commission (MRC). The Member Countries envisaged three forms of inter-State dialogue: Notification: applied to all uses on the tributaries and intra-basin use in the wet season; Prior Consultation (PC): applied to intra-basin use in the dry season, and inter-basin diversion of water in the wet season; and Agreement: applied to inter-basin use in the dry season.
- Topic:
- Diplomacy, Environment, Governance, Borders, and Transparency
- Political Geography:
- Southeast Asia and Mekong River