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The Mekong River Agreement - 1995
Water Diplomacy H2O (Water) – The need of life.Some suggest if there will be a World war –
III, it will be for water.Requirement of peaceful settlement. EXAMPLES Age old.Treaty of Munich (1628) - control for thirty
years the right bank of the Rhine River .Treaty of Saigon (1862) – The Red River
(Song Hong) was opened for trade as well as the ports of Hanoi, Haiphong, and Oui Nhon.
The Mekong River Also know as ‘Mother of Water’ and ‘The Nine
Dragons River’7th longest river in Asia and the 12th longest in the
worldIs 4,200 km (2,610 mi) longRiparians - China, Myanmar, Thailand, Laos,
Cambodia and Vietnam Primary uses - Irrigation, fisheries, power generation,
transportation, industrial and domestic supplyHas annual commercial value of US$ 4-5 billion.Has mineral deposit of tin, iron ore, natural gas,
copper, gem stones, potash and gold
Hydrology of Mekong Has a drainage area of 795 000 km2
Yearly surplus of 475 000 million m3 (Cubic Meter)
Release seasonal fluctuation is to the ratio as high as 50:1 between peak and base flow
Is also prone to soil erosion
Social Preface of the BasinInhabited by about 100 different ethnic
groupsHave complex racial, linguistic and religious
differencesThey are mostly rural farmers/fishers, poor &
lacking simple amenitiesPopulation in the area has tripled in last half
centuryDue to high birth rate and low life
expectancy, majority of the population is young.
Factors behind Negotiation Thailand
Water diversion for irrigation and other uses Hydro-electricity
Laos Hydropower, navigation, aquatic resource Impacts on agriculture and fishing, river bank erosion
Cambodia Aquatic resource, irrigation, possibly hydropower Change in flood plains, particularly in Tonle Sap flood pulse –
impact on agriculture and fishingVietnam
Decreased dry season water flow; increasing salt water intrusion and negative impacts on irrigation
Foreign Relations & International Assistance Riparian states wanted to avoid or resolve conflictsWanted facilitate cooperation in management and
development of water resourceNeed for cooperation in sectors like trade,
migration, investment, fisheries, transpiration and disputed boundaries
Riaprians like Cambodia and Laos were very poorAll the riparians needed Foreign-AidFinances were from bilateral aid agencies and
concessionary loan from development banks.
History of Negotiation The Mekong Committee 1957
The Mekong regime existed since 1957 in one form or the other
On September 17,1957 four riparians signed & established the committee for Coordination of investigation of Lower Mekong (Mekong Committee)
Based on the 1957 Economic Commission for Asian and the Far East ‘ECAFE’ study
Major support from the United Nations & United States
Mekong Regime collapsed due to “Communism Domino” in the river basin
“Interim Mekong Committee” of 1978 Was formed in 1978 following the cessation by Cambodia
in 1975 Declared Functions
Prepare and approve plans for carrying out coordinated researches, studies, and investigation
Make requests on behalf of the participating governments for financial and technical assistance, and receive and administer such assistance
Employ on behalf of participating governments personnel to assist the IMC in the performance its functions
Draw up and recommend to participating governments criteria for use of the water of the Lower Mekong Basin for the purpose of water resources development
Funded by European Countries, Australia and Japan Would dissolve upon Cambodia's re-entry In 1992 Cambodia requested readmission and IMC
dissolved Paved way for Mekong Agreement for Cooperation for the
Sustainable Development of the Mekong River basin 1995
Mekong River Agreement 1995Known as Mekong Agreement for Cooperation for the
Sustainable Development of the Mekong River basin 1995
Negotiation efforts started in 1992 at Kuala Lumpur, Malaysia and carried on for 3 years
Thailand wanted China and Myanmar to be party OMG – NO NO- Said the other riparian states China backed out on its own , did not like frowning faces
There was disagreement over model framework, whether to carry on under the old Mekong Committee framework or negotiate a totally new structure
Riparians had three options To amend the existing documents of 1957 statue &
1975 Declaration To negotiate a completely new framework To suspend cooperation and adhere to customary
international water lawThailand said – bloody communists and partial-
communists, I am richer so agree to what I say Said - Don’t want Cambodia to be a part, start a new
model setup. Deadlock was solved in 1992 by signing of a
Memorandum of Understanding that made Cambodia an official party
Thailand even kicked the Mekong committee secretariat out of the negotiation unilaterally Other said – Thailand should not have done it
So there was a chaos – Others started to poke their nose in it, saying we will help. Who?Asian Development Bank’s Greater Mekong Sub-
region (ADB-GMS, 1992)Japan’s Forum of Comprehensive Development of
Indochina (FCDI, 1993)The Quadripite Economic Cooperation (QEC,
1993)The Association of South East Asian Nations and
Japan’s Ministry of International Trade and Industry’s Working Group on Economic Cooperation in Indochina and Burma (AEM-MITI, 1994)- Couldn't they get a shorter name
Myanmar and Singapore’s ASEAN-Mekong Basin Development Cooperation (ASEAN-ME, 1996)
The Mekong regime was again about to collapse
UNDP got worried – why?They had contributed $50 million over the
years.largest development program of longest
duration that it had ever supportedWhat did UNDP do ? (Said come to papa)
Organized series of meetings to pacify the situation
Organized informal conciliation meeting Hong Kong
Offered to provide logistics, finances and mediation support
Eliminated the need for Secretariat’s involvement
“Joint Communiqué” was issued at Kuala Lumpur, establishing commitment to negotiate in good faith and Mekong Working Group (MWG)
Mekong Working GroupWorked primarily on five elements
Asset of principles for sustainable utilization of water resources of the Mekong river system
An institutional structure and mechanism for coordination
A definition of the functions and responsibilities of the structure and mechanism
Future memberships of the structure Management of the structure
A series of event during a period of 21 month led to negotiation and completion of initial draft of Agreement on 27 November 1994
Date and Events of Negotiation in-between the Riparian Countries:6th October 1992 - Honk Kong: UNDP sponsored a consultation to
discuss the impasse and offer to assist as a neutral party16-17 December 1992 - Kuala Lumpur: Meeting of four riparians
&UNDP in resulting in drafting a Joint Communiqué on a future framework of Mekong Cooperation for sustainable development of Mekong River by forming a Mekong Working Group (MWG), donors meeting of 1993 Mekong Secretariat work plan
4-5 February 1993 - Hanoi/MWG-I: Signed Joint Communiqué by Vice-Minister of each country, Adoption of Guideline for Working Group on the Future Framework of Mekong Cooperation, set target of end 1993 to complete MWG tasks, and approved the selection of Senior Advisor funded by UNDP
4-5 April 1993 - Bangkok/ MWG-II: Agreed to prepare national position papers on “principles” to govern future cooperation and begin examination of institutional framework
28-29 June 1993 - Vientiane/MWG-III: Agreed on “Outline” of draft Agreement, approving many provisions, and agreed to transform “outline” to draft at a Technical Drafting Meeting (TDM)
17-20 August 1993 - Bangkok/TDM-I: Refined draft agreement, approved many unresolved provisions and improved understanding on remaining key articles
7-8 October 1993 - Phnom Penh/MWG-IV: Agreed to several remaining provisions, enhanced understanding of position and agreed of finalization efforts
6-7 January 1994 - Vientiane/TDM-II: Examined option to reasonable and equitable utilization of mainstream and tributary water, and trans-mountain diversions
27-29 November 1994 - Hanoi/ MWG-V: The four countries, through their MWG, mutually agreed on the text of draft agreement and “initialed” the Draft Agreement signifying the completion of MWG mandate. They then agreed to for the Mekong task Force (MTF) to examine transitional for making preparation for the official signing on the new agreement and start-up needs for the new Mekong River Commission
ConclusionThe greater is the international involvement
in conflict resolution, the greater the political and financial incentives prevail to cooperate
Building effective organizations and policies requires more than just sufficient technical and financial support, but also real political commitment from the government of the member countries
Solving water-related issues involves both technical and social aspects of development and understanding coupled with patience
(Thank you)
Laos- ຂອບໃຈຫລາຍໆ (khàwp jaUi lãi lãi)Thailand - khàwp khun mâak
Vietnam- Cảm ơn ông------------------------------Nishant Choudhary
LL.M.(2011) George Washington University