Preface
On April 5, 1995 in Chiang Rai, Thailand, the plenipotentiaries of the four riparian nations of the Lower Mekong Basin - namely the Governments of the Kingdom of Cambodia, the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam - made an historic move by the signing of the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin (1995 Mekong Agreement) and Protocol for the Establishment and Commencement of the Mekong River Commission (MRC).
The 1995 Mekong Agreement reaffirms and expands the globally acknowledged “Spirit of Mekong Cooperation” created in 1957. It adopts a set of mutually accepted and fair objectives and principles of cooperation for sustainable development and utilization of the water and related resources and environment of the Mekong River Basin, and it provides for the upper two riparian countries - the People’s Republic of China and the Union of Myanmar – to subsequently join in the cooperation. It also established an institutional mechanism to implement the substantive provisions of the 1995 Mekong Agreement as an inter-governmental river basin organisation, the Mekong River Commission, with three primary functional bodies to make decisions and carry out a wide range of activities. The MRC, through its Council, Joint Committee and Secretariat, were tasked to carry on the cooperative work of their predecessors the Mekong Committee, Interim Mekong Committee and Mekong Secretariat – and to implement the provisions of the 1995 Mekong Agreement for the benefit of all its peoples within the Lower Mekong Basin region.
The 1995 Mekong Agreement is a dynamic “framework agreement” that enables and requires the MRC to adopt and refine as needed, rules and procedures to carry out its work in close cooperation and coordination with relevant agencies and peoples of the Member Countries. It identifies key activities and mechanisms that support the sustainable equitable use, utilisation and protection of the Mekong’s water and water related resources for Member Countries.
In 1999, the MRC and its Member Countries adopted and committed to a Water Utilisation Programme (WUP), funded by the Global Environmental Fund (GEF) routed through the World Bank, to develop at least six sets of rules for water utilisation in the Lower Mekong Basin.
This publication updates the 1st Edition which included the 1995 Mekong Agreement and the three procedures adopted by the Council of the MRC by 2001, namely the Procedures for Data and Information Exchange and Sharing (PDIES) and its companion Guidelines on Custodianship and Management of the Mekong River Commission Information System; by 2003, namely Procedures for Water Use Monitoring (PWUM); and, by 2003, namely the Procedures for Notification, Prior Consultation and Agreement (PNPCA).
In this 3rd Edition, the final procedures are the same as those in the 2nd Edition: The Procedures for Data and Information Exchange and Sharing; the Procedures for Water Use Monitoring; the Procedures for Notification, Prior Consultation and Agreement; the Procedures for the Maintenance of Flows on the Mainstream; and the Procedures for Water Quality.
The Procedures for Data and Information Exchange and Sharing (PDIES) aim to operationalise the data and information exchange among MRC Member Countries; make data and information available for public access as determined by the National Mekong Committees; and promote understanding and cooperation among the Member Countries in a constructive and mutually beneficial manner. The Procedures for Data and Information Exchange and Sharing (PDIES) underpins MRC’s ability to develop a comprehensive knowledge base on parameters fundamental to Integrated Water Resources Management.
The Procedures for Water Use Monitoring (PWUM) provides a comprehensive and adaptive framework and process to support effective implementation of the intra-basin water use monitoring and the monitoring of inter-basin diversions. The Procedures aim to promote better understanding and cooperation among the Member Countries through transparency and confidence in the water use monitoring system and the undergoing database provides valuable information to support future planning processes. Moreover, a permanent body of the MRC, the Technical Assistance and CoordinationTeam (TACT) was established in late-2003 to establish, maintain and improve the MRC-Information System (MRC-IS) and Water Use Monitoring System (MRC-WUMS) under these first two procedures. Additional guidelines to facilitate implementation of these procedures were prepared for approval of the Joint Committee and adoption by the MRC Council in early 2005.
The Procedures for Notification, Prior Consultation and Agreement (PNPCA) provide the MRC Member Countries with a framework for proposed water utilisation and inter- basin diversions projects, which are considered with the MRC under Article 5 of the Mekong Agreement. They promote better understanding and cooperation among the MRC Member Countries to ensure the sustainable development, management and conservation of the water and related resources of the Mekong River Basin.
Providing a framework for technical guidelines, institutional arrangements, directions and information to enable the MRC and its Member Countries to flow regimes of the Mekong River mainstream at critical locations and times of the year, the Procedures for Maintenance of Flows on the Mainstream (PMFM) are considered during discussions on new development and provide early warning flow conditions that may fall outside agreed thresholds thereby necessitating investigations by MRC.
Procedures for Water Quality (PWQ) establish a cooperative framework for the maintenance of acceptable/good water quality to promote the sustainable development of the Mekong River Basin. The PWQ were approved by Council of the MRC in January 2011.
The intent of these Procedures and their supporting guidelines is to provide a systematic and uniform process for implementation of the 1995 Mekong Agreement by the MRC and Member Countries. Should the user or reader have any comments or questions on the agreement and procedures in this publication, please direct them to the Mekong River Commission:
Office of the Chief Executive Officer
Mekong River Commission Secretariat
184 Fa Ngoum Road, P.O. Box 6101, Vientiane, Lao PDR
Tel: (856-21) 263 263 or by email: mrcs@mrcmekong.org
https://drive.google.com/file/d/1Id44U3cgTFlKswbeKT-UcEONijeoRZaY/view?ts=66b27ddd
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