NGO slams Laotian govt on Xayaburi

International Rivers, a group of activists who oppose the construction of the gigantic Xayaburi Dam, have attacked the Laotian government's attempt to press ahead with the project despite the concerns of neighbouring governments and regional civic groups.

Referring to a letter leaked to International Rivers dated June 8, the non-governmental organisation said Laos had informed Xayaburi project developer Ch Karnchang that the Mekong River Commission's regional decision-making process was now complete, presumably giving Ch Karnchang, a Thai company, the green light to proceed with the project.

International Rivers said the letter, from the director-general of the Laotian Ministry of Energy and Mines to Xayaburi Power, a subsidiary of Ch Karnchang, referred to a one-month study by international consultancy group Poyry. The letter stated that in Poyry's view, "prior consultation of the Xayaburi project has now been completed", and that Vientiane "hereby confirm[s] that any necessary step in relation to the 1995 Mekong Agreement has been duly taken".

"Laos has no entitlement to declare unilaterally the end of the PNPCA process at this stage," said Sor Rattanamanee Polkla, a Thai lawyer from the Community Resource Centre and member of the Mekong Legal Network, referring to the Procedures for Notification, Prior Consultation and Agreement.

"Chapter 2 of the 1995 Mekong Agreement makes it clear that the regional decision-making process is 'neither a right to veto the use nor unilateral right to use water by any riparian without taking into account other riparians' rights'.

"The three other lower-Mekong countries asked for the project to be delayed for further study, including a trans-boundary environmental impact assessment. Laos has an obligation under international law to both conduct such an EIA and negotiate in good faith under the Mekong Agreement before moving forward."

Thailand, Cambodia and Vietnam called for an extension to the decision-making process, citing concerns about trans-boundary impacts and knowledge gaps requiring further study and consultation. Vietnam also recommended that the decision on the Xayaburi Dam and other proposed dams on the Mekong mainstream be deferred for 10 years.

Egat governor Sutas Patamasiriwat this week said Ch Karnchang had affirmed that the project would commence commercially in 2019 as scheduled.