What is the PNPCA prior consultation process?

The prior consultation process under Procedures for Notification, Prior Consultation and Agreement (PNPCA) is a requirement of the 1995 Mekong Agreement for countries to jointly review any development project proposed for the mainstream with an aim to reach a consensus on whether or not it should proceed, and if so, under what conditions.

Mainstream hydropower projects can bring significant benefits in terms of renewable energy and budget revenues, but can also cause environmental and social impacts on the local and transboundary scale. In combination with other hydropower schemes, those impacts can have a cumulative character.

The PNPCA process officially begins on the day the last Joint Committee Member receives the submission from the MRC Secretariat (MRCS). The Xayaburi PNPCA process officially started on 22 October 2010.

From this point to the final decision, the consultation process should take 6 months, but can be extended if necessary.

Who is involved with the Xayaburi PNPCA prior consultation process?

Under the 1995 Mekong Agreement, prior consultation is an inter-governmental process. Several technical groups have been established to support Member Countries with the Xayaburi prior consultation. A Joint Committee Working Group of the MRC has been established to guide the MRC Secretariat and report to the MRC Joint Committee. Within the MRC Secretariat, a PNPCA Task Group is undertaking a technical review of the project including comparison with MRC’s Preliminary Design Guidance. Input on specific issues is provided by external specialists including Expert Groups on Fisheries and Sediments that contribute to analyses that will assist the Joint Committee with reaching an agreement. The Joint Committee Working Group has initiated public participation as part of the process. See below.

Xayaburi’s Prior Consultation Road Map

A Road Map guides the MRC Member Countries during the prior consultation process.

 

 

Date		Milestones/Rough Outline of Activities
20 Sept 2010		MRCS receipt of submission on the proposed Xayaburi mainstream hydropower dam project submitted by LNMC Submission of respective PC documents to the MRCS as outlined in the PNPCA
1 Oct 2010 (likely assumed date)		Implementation of the MRCS Internal Procedure for PNPCA • PC submission and documents received • Signing-off the submission • Register submission, check completeness • Enter into MRC-IS • MRCS circulation of received documents to JC and other Member States
by 4 Oct 2010		• MRCS circulates a draft PC Road Map for PNPCA WG consideration (this document) • MRCS PNPCA Task Group (PNPCA TG) first screening & scoping of received documents to inform the PNPCA WG at its first meeting
26 Oct 2010		1st PNPCA Working Group Meeting • Consider draft PC Road Map for endorsement • Discussion on MRCS role regarding the facilitation of the process, technical review of the submission and reporting to PNPCA WG • First discussion of submitted documents (Member States and MRCS) • Agreement on public participation and involvement • Arrangements for field visit • Definition/confirmation of next steps including date of next meeting
27 Oct 2010		Special Session of the MRC Joint Committee • Opportunity to inform the JC on PC process
Oct – 28 Nov 2010		Start of technical review by MRCS Scoping assessment by MRCS of the submitted PC documents in relation to the Preliminary Design Guidance for Mainstream Dams
		Convening of sector expert groups as required, e.g. • Fish migration, mitigation measures and related issues • Sediment management • If needed, identification of other external expertise to assist MRCS in the assessment (e.g. social/livelihood aspects)
		Proposed draft Table of Contents for a MRC PC Review Report
		Detailed proposals for public participation and involvement (i.e. meetings and web submission facility)
29 Nov 2010		Field visit of PC site (joint activity JC, PNPCA WG & MRCS) facilitated by LNMCS and the developer
30 Nov 2010		2nd PNPCA Working Group Meeting • Presentation of draft MRCS scoping assessment • Presentation and discussion of any initial national review findings • Presentation & discussion of Table of Contents for the MRC PC Review Report • Review of any public participation process undertaken to date • Discussion and comments for further consideration • Re-confirmation of next steps of PC Road Map
1 Dec – 28 Jan 2011		Continuation of technical PC review by MRCS • Continue detailed review of the received PC documents in relation to the Preliminary Design Guidance for Mainstream Dams and other aspects • Compilation of Draft MRC PC Review Report according to agreed Table of Contents & circulation to PNPCA WG
January-February 2011		• Hold public consultations as agreed by PNPCA –WG In Cambodia - 1st consultative meeting: Date: 10 February 2011, Venue: (Kratie Province) - 2nd consultative meeting: Date: 28 February 2011, Venue: (Sihanoukville Province) View a brief report of the national consultation meetings in Cambodia In Thailand - 1st consultative meeting: Date: 22 January 2011, Venue: (Chiangkhong District, Chiang Rai Prov.) - 2nd consultative meeting: Date: 10 February 2011, Venue: (Loei Prov.) - 3rd consultative meeting: Date: 12 February 2011, Venue: (Muang District, Nakonphanom Prov.) View a brief report of the national consultation meetings in Thailand In Viet Nam - 1st consultative meeting: Date: 14 January 2011, Venue: (Can Tho City)  View a brief report of the national consultation meeting in Can Tho City - 2ndconsultative meeting: Date: 22 February 2011, Venue: Ha Long City, Quang Ninh Province. View a brief report of the national consultation meeting in Ha Long City
14 Feb 2011		3rd PNPCA Working Group Meeting • Presentation of the Draft MRC PC Review Report • Presentation and discussion of national review findings on the PC • Preliminary summary of comments from public participation process • Final comments for integration
28 Feb 2011		Final draft of MRC PC review report Consolidation of PNPCA WG comments and compilation of the Final Draft MRC PC Review Report
24/25 March 2011		Submission of the Final Draft MRC PC Review Report to the Preparatory Meeting of the MRC JC and Report on NMC-organized consultation meetings to the JC • Possible conclusion of the JC regarding the submitted PC • MRCS takes action based on outcome of the meeting and in accordance with the PNPCA Guidelines
19 April 2011		Special Joint Committee Meeting in Vientiane, Lao PDR •   Final JC Conclusion: Take prior consultation for the Xayaburi project to the ministerial level
Date to be determined		MRC Council considers the proposed Xayaburi hydropower project

Public Participation

Public participation is considered necessary for the Xayaburi PNPCA prior consultation process as it aims to involve people in a process that may affect their future. Public participation aims to enable information on the full range of perspectives, concerns and expectations of relevant stakeholders, which will be presented to decision makers.

Prior to the start of the Xayaburi consultation process, MRC public participation on possible mainstream developments was included as a part of the Basin Development Plan and the Strategic Environmental Assessment processes, and approached related issues at a basin-wide and transboundary level taking into account cumulative effects.

The MRC prior consultation process supports the Joint Committee through technical review, analysis and during their public participation processes. Other Member Countries plan to hold public participation meetings within their countries at local and national levels supported by the MRC during January and February 2011. A number of consultations among affected groups have already been held in Lao PDR organised by the developer and government. Other groups will also organise meetings on this issue and the MRC would like to receive information on the discussions held. The perspectives and views of the people gathered during public participation will be reflected in the MRC Secretariat briefings to the Joint Committee Working Group meeting and Joint Committee.

The focus of local public participation will be to voice the perspectives of potentially affected groups that have not yet had the opportunity to be involved or do not have easy access to communication channels such as the internet or the media.

If you would like to submit your thoughts on the PNPCA process to the MRC, please contact:

Mr  Surasak Glahan, Communication Officer (Office of the Secretariat in Vientiane)
Tel: +856 21 263 263, Ext. 4702
Email: Surasak@mrcmekong.org

Or

Ms Tiffany Hacker, Communication Officer (Office of the Secretariat in Vientiane)
Tel: +856 21 263 263, Ext.4703
Email: Tiffany@mrcmekong.org

A brief information sheet on the proposed Xayaburi Hydropower Project is being prepared and will be posted shortly.