A graphic showcases the path of the canal, as well as the minimum environmental impact it is expected to have. Niem Chheng
Despite overwhelming public support for the Funan Techo Canal project, concerns remain among some Vietnamese commentators.
With this in mind, The Post submitted a series of questions to the Mekong River Commission (MRC) – the intergovernmental organisation which coordinates dialogue and cooperation between the Lower Mekong River Basin nations – to confirm Cambodia’s legal obligations, if any, and find out how the MRC is working to coordinate the success of the ambitious infrastructure project.
Has the MRC received any formal complaints from any party/member of the MRC?
The MRC secretariat received a notification from Cambodia via the Cambodia National Mekong Committee (CNMC) secretariat in August last year, informing the MRC of Cambodia’s intention to construct the canal. Upon receiving the notification, the MRC Secretariat transmitted it to the other member countries.
Following receipt of the notification, Vietnam, via the Vietnam National Mekong Committee (VNMC) secretariat, sent requests for more information and data. It expressed the concerns of some stakeholders in official letters, sent in September 2023 and March 2024. In the letters, the VNMC secretariat highlighted concerns about the potential transboundary impacts of the project on areas downstream, including the Mekong Delta in Vietnam.
The MRC secretariat has sent letters to Cambodia seeking detailed technical information on the project, including copies of the feasibility study and other related reports. When it receives them, it will share them with the other member countries.
As of now, the secretariat is still following up with Cambodia.
What was the nature of the concerns voiced to the MRC?
The concerns are related to potential transboundary impacts of the project on the downstream areas, including the Mekong Delta. Vietnam, via the VNMC secretariat, has requested that the MRC secretariat work closely with the CNMC to obtain detailed technical information on the project, including the feasibility study and other related reports.
What has Cambodia submitted about this project to date?
Cambodia submitted a notification, which indicated that the purpose of the project is for inland waterborne transport and navigation connectivity. It mentioned plans to construct a 180km waterway which will be able to accommodate 1,000 Dead Weight Tonnage (DWT) vessels. The canal will feature three locks to maintain navigable water levels and 11 bridges will cross it along its length.
The notification stated that “there will be no significant impact on the Mekong River system’s daily flow and annual flow volumes. The construction and operation of the three locks will enable the effective and efficient management and control of the flow in the canal. In addition, the environmental and social impacts of the project will be at a very minimal level during both construction and operation and will be controllable.”
The MRC secretariat is internally reviewing the notification and has been in touch with senior Cambodian officials and concerned countries. Since the information we received was brief, the secretariat has requested further detailed information on the project from Cambodia and is awaiting its receipt.
When the secretariat receives more information, it will review them thoroughly, and stand ready to provide further technical support and facilitation for dialogue among member countries.
When Laos, Myanmar or Vietnam construct large projects, say a hydro-dam or canal attached to the Mekong, have they informed the MRC?
Myanmar is not a member of the MRC and therefore not bound by the Procedures for Notification, Prior Consultation, and Agreement (PNPCA).
All water infrastructure projects in the member countries (Cambodia, Laos, Thailand and Vietnam) are required to be notified to the MRC via its Secretariat. The PNPCA contains three distinctive procedures: Notification, Prior Consultation and Specific Agreement.
Notification is applied to tributary projects, defined as the timely provision of information by a member concerning the proposed use of water, without requiring consultation.
For instance, in August 2022, Laos notified the MRC secretariat and member countries about the Sekong A hydropower project. Situated on a tributary within Laos, this project bypassed the typical consultation process required for mainstream projects. Despite not necessitating further engagement or feedback due to its tributary status, the notification ensures transparency and regional cooperation by allowing riparian countries to be informed of developments that may affect shared water resources.
Additionally, even though the Sekong A project is located on a tributary, Laos demonstrated a spirit of cooperation by considering the concerns of Cambodia, Vietnam and other stakeholders, leading to the decision to apply the Transboundary Environmental Impact Assessment (TbEIA).
Prior Consultation is applied to mainstream projects that use water both in the wet and dry seasons and for the projects that use water during the wet season from the Mekong mainstream to another basin.
Currently, six mainstream dams in Lao PDR have been submitted under Prior Consultation. The process is defined as not only providing data and information but also discussing and evaluating the impact of the proposed uses. It is neither a right to veto the use nor a unilateral right to use water by any member without taking into account the rights of others. It is about adapting the proposed use to make it more reasonable and equitable.
Take the Don Sahong hydropower project as an example. Laos chose to proceed with the Prior Consultation process despite its initial Notification status, taking into consideration the requests of Cambodia and Vietnam.
The Prior Consultation started in July 2014 when an official notice informed the other member countries, through the MRC secretariat, of its intent to have the project undergo prior consultation.
With the submitted documents, the secretariat coordinated a technical review of the project and facilitated discussions, addressing concerns raised by neighbouring countries and environmental experts. This collaborative effort underscored the importance of cooperation in ensuring the responsible development of hydropower projects, leading to positive outcomes for both the environment and neighbouring communities.
Specific Agreement is applied to projects that divert water from the mainstream of the Mekong to another basin in the dry season. Such projects must be agreed upon by the member countries. To date, no project has been submitted under this Specific Agreement.
Is there any clause requiring each MRC member to share before starting any project?
All projects that fall under PNPCA are required to be submitted to the MRC prior to implementation of the project. Notification shall be submitted up to one month in advance, to allow internal processing and distribution to other members. Projects under Prior Consultation shall be submitted at least 7 months prior, to allow one-month internal processing and distribution to members and a 6-month consultation of the submitted documents.
As stated in Section 4.1.2 of the PNPCA, Notification requirements and procedures shall be applied to the following proposed uses: (a). intra-basin use and inter-basin diversion on the tributaries, including the Tonle Sap; and (b). intra-basin use during the wet season on the mainstream.
The MRC responses have been edited for brevity and clarity.
