2. National and regional governance structures of transboundary resources

hydropower, national parks, or conservation projects is not paid enough attention. Transboundary coordination is often the result of the involvement of development agencies, donors, national state agencies, and public-to-private entities from various countries. The current situation challenges the efforts for transboundary governance, and negotiation for collaboration. Adding to the ongoing environmental transformations caused by both national and international interventions over the last decades, climate change makes it more urgent to find a solution for sustainable management of transboundary water resources. This chapter provides insights into water diplomacy in the region. Taking water and related natural resources as the main target of discussion, the chapter revisits the national and regional structures of governance, their potential and barriers in managing and/or enhancing transboundary resource management.

A paradigm shift in sustainable development and complexity analysis in the Mekong countries will be developed as a conclusion; new lines of policy recommendation will be proposed in the areas of knowledge production, anchored in sustainability science, innovative ways of conducting research and intensive capacity building.

Before discussing the regional structures on water governance, it is important to recognize recent developments in the Mekong countries in terms of advances in water and natural resource management (See Box 8.1 below and MRC, 2021). These national institutions, laws and policies recognize the risks, especially to vulnerable people, of rapid development and climate change. Implementation remains a great challenge, but these provide frameworks for engagement and holding authorities accountable. According to the non-governmental organization (NGO) Oxfam International, the Mekong governments have all recently improved in terms of their commitment to tackle inequalities in both policies and practices, with China, Thailand and Viet Nam ranking well. These countries also invest more than 15% on social spending, which is the recommended level to help address inequalities and other forms of injustices [ Lim, 2021 ].

Beside the difficulties, countries in the Mekong basin are finding and making trials of better governance on water resource management. The basin is connected by the water flow, creating complex dynamics of socio-economic and political settings. The question is how national institutions could — together with the regional ones — enhance the governance of water and other resources across borders, with a view to sustainable development; and whether current progress in institutions has prepared for future uncertainty induced by climate change and its possible impacts.

[ Box 8.1 ] National advancement in water and natural resource management (compiled by authors)

Cambodia’s national water law focuses on the sustainable utilisation and conservation of water resources and determines the rights and obligations of water users. It provides for the establishment of water-user groups to facilitate participation of local communities. Laos has recently adopted a new water law and is finalizing its new National Water and Water Resources Management Strategy. The new law governs water use throughout the country and includes provision for environmental flows and new standards on pollution control. A national coordinating and monitoring center in relation to hydropower operations is being established. The amended Electricity Law 2017 and updated Policy on Sustainable Hydropower Development 2018 strengthened the planning, assessment and monitoring of major projects. Myanmar is preparing a new water law based on integrated water resource management principles and is developing Integrated Water Resources Management (IWRM) plans for major river basins. Thailand introduced a new water resources law in 2018 and established a new Office of National Water Resources under the Office of the Prime Minister to improve coordination across sectors and engagement on Mekong issues. A key feature of the arrangements is the further development of river basin organisations to support planning and implementation of IWRM and climate adaptation at a sub-basin scale. Viet Nam’s Resolution No. 120/NQ-CP on “Sustainable and Climate Resilient Development of the Mekong Delta” introduces a shift in emphasis for agriculture and seeks to further boost aquaculture. A key driver of the resolution is an effort to coordinate ministerial and provincial actions to achieve more sustainable and higher value development in the face of expected climate change impacts including rising sea levels, increased salinity intrusion and the risk of severe flooding.

When it comes to regional structures of governance and management for transboundary resources, including water resources, of the Mekong, there is a myriad and growing list of organizations and frameworks among the countries and different partners from outside the region. The main organizations include: uThe Association of Southeast Asian Nations (ASEAN); uMekong-Lancang Cooperation (MLC); uand the Mekong River Commission (MRC).

Regional programmes such as: uGreater Mekong Sub-region (GMS); uAyeyawady-Chao Phraya-Mekong Economic Cooperation Strategy (ACMECS); uMekong-US Partnership (MUSP); uMekong-Japan; uand Mekong-Korea also touch on different aspects of the issue although these do not have standing organizational frameworks [ Figure 8.1 ].

The mandates and functions of these institutions are broad and specific, their actual performances varied, and their memberships and partnerships are inclusive and exclusive, depending on the angles one looks at.

ASEAN is the premier regional body in Asia, representing the ten Southeast Asian countries with a combined population of 650 million people as of 2018 — ranking 3rd in the world — and a US$3 trillion economy as a bloc as of 2019 — making it the 5th largest economy. ASEAN was founded on 8 August 1967 by Indonesia, Philippines, Thailand, Malaysia, and Singapore, and expanded in the 1980s–1990s

[ Figure 8.1 ] Mekong related regional organizations, frameworks and programmes

Source: MRC.

to include Brunei Darussalam, Viet Nam, Laos, Myanmar, and Cambodia. ASEAN is governed by the ASEAN Charter, the binding document for ASEAN cooperation, which was signed in 2007. While only 5 members of ASEAN are in the Mekong, mainland Southeast Asia, there is a case to be made that the Mekong is important for all ASEAN countries, including maritime Southeast Asian states. For example, more than 60% of Southeast Asian maritime states’ rice imports in 2019 came from mainland Southeast Asia, Thailand, Viet Nam and Cambodia in particular [ International Trade Center, cited in Hoang and Seth, 2021 ]. Thailand and Viet Nam are the top two rice producers in the world, a lot of it from the Mekong. In addition, ASEAN’s principles are “centrality”, “connectivity”, and “narrowing the development gap”; anything that makes the headlines in one part of the ASEAN region matters to all of it.

In terms of natural and water resource management, ASEAN has broad areas of work, including in water resources, environment, energy, disaster, climate change and waterborne transportation. The key strategies and action plans are: uASEAN Cooperation on Environment, which promotes sustainable management of biodiversity and natural resources, including water resources, through the Strategic Plan of Action on Water Resources Management, and environmentally sustainable cities. uASEAN Plan of Action for Energy Cooperation (APAEC) 2016–2025, which is a regional blueprint for energy sector cooperation. uASEAN Agreement on Disaster Management and Emergency Response (AADMER), which strengthens emergency preparedness to reduce disaster losses. uASEAN Action Plan on Joint Response to climate change, which enhances scientific research collaboration on climate change, hydrological and agricultural management.

While five Mekong riparian countries are members of ASEAN, the sixth riparian (China) cooperates with ASEAN in the natural resource and environment areas through: uASEAN-China Strategic Partnership for Peace and Prosperity, which aims to improve navigation safety on the Lancang-Me-

kong River, water quality and environmental protection. uASEAN-China Strategy on Environmental Cooperation, which is to strengthen ASEANChina cooperation on agreed priority areas of environmental protection by taking a coordinated and step-by-step approach with a view to achieving environmental sustainability in the region.

Along with the cooperation between China and ASEAN Mekong members, China and the Mekong countries themselves established the MLC mechanism in 2016. The MLC addresses 5 key priority areas such as: connectivity, production capacity, cross-border economic cooperation, agriculture and poverty reduction, and water resources, through the implementation of project-based initiatives. In the water and environment areas, MLC is guided by the Five-Year Action Plan on Lancang-Mekong Water Resources Cooperation 2018–2022 and the Lancang-Mekong Environmental Cooperation Strategy 2018–2022, including the Green Lancang-Mekong Plan. The organization is funded by various donors, with most fund comes from the Chinese government.

With respect to transboundary water governance, the MRC, established by the international Mekong Agreement in 1995 between the governments of the four Lower Mekong countries Cambodia, Laos, Thailand and Viet Nam, has a mandate to promote and coordinate the development and management of water and related resources of the Mekong. Building on a long history of cooperation since 1957, the MRC has worked in water-related sectors including irrigation, hydropower, navigation, flood and drought, environment in general, and climate change in the Mekong. Its core functions are river monitoring, forecasting, data and information management, basin planning, implementation of MRC Procedures for water utilization, and dialogue and facilitation. China and Myanmar have been its Dialogue Partners since 1996.

The key cooperation strategies for the MRC are the Basin Development Strategy 2021–2030 and the MRC Strategic Plan 2021–2025, as well as various basin-wide sector strategies such as: uMekong Basin-wide Fisheries Management and Development Strategy; uThe Mekong Climate Adaptation Strategy and Action Plan; uThe Drought Management Strategy; uThe Sustainable Hydropower Development Strategy; uMaster Plan for Waterborne Transport; uand the Strategy for Basin-wide Environmental Management.

Unlike other Mekong cooperation frameworks, the MRC has a comprehensive set of “Procedures” that govern the development and management of water and related resources in the Mekong, such as data sharing, water flow monitoring and maintenance, water quality monitoring and emergency response, water use monitoring, and notification, prior consultation and agreement before infrastructure projects proceed. The MRC’s basin strategies help the MRC support countries to find winwin outcomes, while its procedures allow the organization to bring countries together to prevent, manage, and resolve water-use disputes and disagreements.

Beside the three regional institutions, there are regional programmes that the Mekong countries and their partners have set up related to natural and water resource management. In 1992, the five Mekong countries and China established the GMS programme, with the

support and facilitation of the Asian Development Bank (ADB). The GMS, through its strategic plan 2012–2022, aims to foster regional cooperation and integration by encouraging a free flow of people and goods, strengthening infrastructure links to support economic expansion and urban corridor development, developing human resources, enhancing private sector participation, protecting the environment and promoting sustainable use of shared natural resources. The GMS cooperation framework covers environmental conservation, disaster management, and transport (navigation), through: uGMS Core Environment Programme, which promotes biodiversity conservation and poverty alleviation, climate change adaptation and mitigation, and capacity development. uGMS Cooperation in Energy, which aims to establish an integrated regional power market that will develop in a sustainable manner. ADB has incorporated lessons from hydropower projects in the Mekong tributaries financed by ADB and others, to promote best practices. uGMS Cross-Border Transport Facilitation Agreement, which provides a framework for transport and trade facilitation efforts to facilitate efficient cross-border movement of goods, vehicles, and people in the sub-region.

The GMS investment programme is largely concentrated on connectivity and economic corridor development, especially roads, ports and rail (over 80%). The GMS is not directly involved in transboundary Mekong water resource management, acknowledging the lead role of the MRC in this area.

In 2003, the ACMECS was established, comprising of Cambodia, Laos, Myanmar, Thailand and Viet Nam. Initiated and driven by Thailand, it aims to strengthen economic collaboration and narrow the development gap in the sub-region. In the ACMECS master plan 2019–2023, two of the three goals are: uSeamless ACMECS, which focuses on filling in missing infrastructure and transportation links; uand Smart and Sustainable ACMECS, which emphasises human development and application of modern technology.

Under Environmental Cooperation, ACMECS aims to enhance cooperation for environmental protection, climate change adaption, disaster mitigation, renewable energy development, and sustainable use of the natural resources of the Ayeyawady, Chao Phraya and Mekong rivers. Under Sustainable Agriculture, the programme aims to promote agricultural productivity, sustainable management of land and water, fisheries and wildlife resources.

Three external countries to the Mekong, the US, Japan and Korea, have also developed Mekong related cooperation programmes. In 2009, the United States initiated the Lower Mekong Initiative (LMI) with the five “lower” Mekong countries of Cambodia, Laos, Myanmar, Thailand and Viet Nam, prioritizing six pillars such as agriculture and food security; connectivity of infrastructure; environment and water; energy security; education, and public health. In the natural and water resources areas, the LMI had programs such as: uLMI’s Master Plan of Action, which aims to enhance cooperation to promote inclusive, equitable, and sustainable economic growth while also protecting natural resources and ecosystems; uMekong Water Data Initiative which aims to develop science-based decisions on the shared river system; uSERVIR Mekong Project, which supports the Mekong governments, stakeholders and MRC to prepare for and respond to disasters,

manage natural resources and improve food security through satellite imagery and geospatial technologies.

After 10 years, the LMI morphed into the MUSP in 2019. Among other things, the MUSP covers initiatives in sustainable water use, natural resource management, and environmental protection, as well as human resource development.

In 2007, Japan reached out to the Mekong countries through the Mekong Japan Regional Partnership Program. The current guiding strategy for Mekong-Japan cooperation is the Tokyo Strategy 2018, with three pillars, namely: uVibrant and Effective Connectivity, which aims to improve the value-chain network in the Mekong region and beyond, particularly through the promotion of quality infrastructure; uPeople-Centered Society Approach, which tries to make economic development in the Mekong region more balanced and sustainable through people-to-people exchanges of knowledge and experiences, and using technology to improve social outcomes; uRealization of a Green Mekong, which focuses on measures against climate change and marine debris pollution, water resource management and disaster risk reduction.

In 2011, the Republic of Korea (ROK) and Cambodia, Laos, Myanmar, Thailand and Viet Nam adopted the Mekong-Korea Comprehensive Partnership for Mutual Prosperity, with an emphasis on six priority areas outlined in the Han River Declaration. The Mekong-ROK action plan for 2017–2020 lays out a vision for the sustainable development of the Mekong River Basin that complements existing works: uASEAN Connectivity that seeks to enhance connectivity through improved roads, railroads, airports, ports, and logistics; uSustainable Development that aims to preserve the ecosystem, promote green growth and strengthen the capacity of the Mekong countries in water resource management and climate change adaptation; uHuman-Centered Development that helps improve the quality of life for the people of the Mekong countries, with an emphasis on agriculture, rural and human development.

Each of these regional programs has different approaches to including voices from the communities and those in vulnerable situations. The GMS projects funded by ADB follow the standards and safeguards that the ADB prescribes. There are concerns, though, about selected national investment projects, including roads and rails, that are part of the GMS strategy (and economic corridors), but are funded directly by national governments and the private sector, that encroach on preserved national parks, biodiversity areas, or other places of value to the communities without adequate compensation. The Mekong-Japan and Mekong-Korea activities are mostly focused at the governmental and national level, although their strategies have to take a “peoplecentred” approach into account. The MUSP funds non-governmental actors and groups to build their capacities to engage better on Mekong issues, including through convening Civil Society Organisation (CSO) forums, academic exchanges, and tools to track and monitor developments in the region, especially dams — sometimes without explicit governmental approval. While this increases transparency and the capacity of the “public” to be aware of dam operation, it raises political tensions, affects cooperation, and continues to prevent official engagement from all the governments of the Mekong.