institutional arrangements: policies and administrative ... · management of water. in the mekong...
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MEKONG PROJECT 4 ON WATER GOVERNANCE
Challenge Program for Water and Food Mekong
INSTITUTIONAL ARRANGEMENTS:
POLICIES AND ADMINISTRATIVE MECHANISMS FOR WATER
GOVERNANCE IN THE LAO PEOPLE’S DEMOCRATIC REPUBLIC
Amphavanh Sisouvanh1, Lilao Bouapao
1, Chansamone Sayalath
2, Sonephet Phosalath
3,
Vidaovanh Phounvixay1, Vena Ngonvorarath
1, Kate Lazarus
1, Sokhem Pech
4
1Challenge Program on Water and Food Mekong
2Ministry of Energy and Mines, Lao PDR
3 Nam Theun/Nam Kading River Basin Organisation, Ministry of Water Resources and Environment
4 Mekong Program on Water Environment and Resilience
July 2013
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TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................. ii
LIST OF TABLES ......................................................................................................................... iii
LIST OF FIGURES ....................................................................................................................... iii
LIST OF APPENDICES .................................................................................................................. ii
LIST OF ACRONYMS ................................................................................................................ ivv
1.0 INTRODUCTION TO MEKONG WATER GOVERNANCE ....................................................... 1
2.0 WATER GOVERNANCE IN LAO PDR ................................................................................. 2
3.0 ADMINISTRATIVE AND LEGISLATIVE FRAMEWORKS ........................................................ 4
3.1 LEGISLATIVE DEVELOPMENT RELATING TO HYDROPOWER AND ITS IMPACTS .................. 4
3.2 MULTILATERAL ENVIRONMENTAL AGREEMENTS IN LAO PDR: ......................................... 5
4.0 INSTITUTIONS AND ACTORS ........................................................................................ 17
4.1 MULTI-LATERAL AGENCIES (ADB, WORLD BANK, MRC) ................................................. 21
4.1.1 World Bank and Asian Development Bank (ADB) .......................................................... 21
4.1.2 Mekong River Commission (MRC) ................................................................................. 23
4.1.3 United Nations Development Program (UNDP) ............................................................ 24
4.2 BILATERAL DONORS .................................................................................................... 24
4.3 PRIVATE DEVELOPERS/SECTOR .................................................................................... 27
4.4 STATE ACTORS ............................................................................................................. 27
4.5 FUNCTIONAL ANALYSIS OF RELEVANT ACTORS ............................................................. 28
4.5.1 Government Agencies ................................................................................................... 28
4.5.2 Administrative (Decision-Making and Policy Development) Processes ........................ 33
4.6 CRITICAL ANALYSIS OF LEGAL AND MINISTRATIVE SYSTEMS RELATED TO WATER
RESOURCE DEVELOPMENT AND THEIR OUTCOMES ...................................................... 38
4.6.1 Organizational Capacity ................................................................................................. 38
4.6.2 Coordination/Conflicts between Government Departments ........................................ 42
4.6.3 Non-State Actors ........................................................................................................... 43
4.6.4 External Influences in Implementing National Laws and Policies ................................. 43
4.6.5 Social Activism ............................................................................................................... 43
4.7 ASSESSMENT OF VERTICAL AND HORIZONTAL LINKAGES OF STATE AGENCIES ............... 45
5.0 ASSESSMENT OF FACTORS FACILITATING OR LIMITING EFFECTIVENESS AND EFFICIENCY
OF THESE ACTORS’ PERFORMANCE .............................................................................. 46
6.0 SUMMARY AND SOME SUGGESTIONS FOR FURTHER FOLLOW-UP ................................ 46
7.0 REFERENCES ............................................................................................................... 49
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LIST OF TABLES
Table 1 List of multilateral environmental agreement. 5
Table 2 Summary of relevant laws, regulations, policies and plans. 7
Table 3 Project cycle and resettlement procedures. 16
Table 4 Revenue of Environmental Protection Fund for 2006-2010. 23
Table 5 Top donors (bilateral and multilateral) in Lao PDR over the period 2005 to
2007(commitments in current USD millions). 25
Table 6 Government agencies related to livelihoods, water valuation and dam cascades. 29
Table 7 Non-state actors involved in the THPC/THXPC project areas. 43
LIST OF FIGURES
Figure 1 Governance in the Lao PDR in comparison to other countries. 2
Figure 2 Steps in hydropower power concession awards, approval and implementation and
monitoring processes in Lao PDR. (Julia Fraser, based on MacGeorge et al., 2010, WB (2009),
and van den Toorn (2009) with inputs from Jie Tang and William Rex (2010)). 20
Figure 3 Organizational structure: vertical and horizontal linkages 37
LIST OF APPENDICES
Appendix 1: Sample Survey Questionnaire 53
Appendix 2: Sample Survey Questionnaire in Lao language (Separated attachment) 57
Appendix 3a: Power Project in Lao PDR – Developed Before 2000 62
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LIST OF ACRONYMS
ADB Asian Development Bank
AFD Agence Francaise de Developpement
AMWRS Australian Mekong Water Resources Strategy
ASEAN Association of South East Asian Nations
AusAID Australian Agency for International Development
BOT Built-Own-Transfer
CA Concession Agreement
CAR Compensation and Resettlement
CBD Convention on Biological Diversity
CCAI Climate Change and Adaptation Initiative
CCD Convention Combating Desertification
CITES Convention on International Trade in Endangered Species of Wild Fauna and
Flora
DAFO District Forestry and Agriculture Office
DEB Department of Energy Business
DEM District Energy and Mines
DEO District Education Office
DEPP Department of Energy Policy and Planning
DHO District Heath Office
DICTO District Information, Culture and Tourism Office
DMH Department of Meteorology and Hydrology
DOE Department of Electricity
DoE Department of Environment
DPI Department of Planning and Investment
DS Development Strategy
DSEDS National Socio-economic Development Strategies
DWG District Working Group
DWR Department of Water Resources
EDF Electricite de France
EDL Electricite du Laos
EGAT Electricity Generating Authority of Thailand
EIA Environmental Impact Assessment
EIAD Environmental Impact Assessment Department
EMDP Ethnic Minority Development Plan
EMP Environmental Management Plan
EPF Environmental Protection Fund
EPL Environmental Protection Law
ESIA Environmental and Social Impact Assessment
ESIAD Environmental and Social Impact Assessment Department
Exim Export Import Bank of China
FCCC Framework Convention on Climate Change
FS Feasibility Study
GDP Gross Domestic Product
GMS Greater Mekong Sub-region
GOL Government of Laos
ICBP Integrated Capacity Building Programme
IEE Initial Environmental Examination
IFI International Financial Institutions
IOL Inventory of Losses
IPD Investment Promotion Department
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IPP Independent Power Producers
ISA Initial Social Assessment
IWRM Integrated Water Resources Management
LD Law Department
LEnS Lao Environment and Social Project
LMB Lower Mekong Basin
LNCE Lao National Committee on Energy
LNFC Lao National Front for Construction
LNMC Lao National Mekong Committee
LPRP Lao People's Revolutionary Party
LSWO Labor and Social Welfare Office
LWU Lao Women Union
LYU Lao Youth Union
MAF Ministry of Agriculture and Forestry
MDBA Murray Darling Basin Authority
MEAs Multilateral Environmental Agreements
MEM Ministry of Energy and Mines
MIC Ministry of Industry and Commerce
MICT Ministry of Information, Culture, and Tourism
M-IWRM Mekong Integrated Water Resources Management
MLSW Ministry of Labor and Social Welfare
MOE Ministry of Education
MOF Ministry of Finance
MoFA Ministry of Foreign Affairs
MOH Ministry of Health
MONRE Ministry of National Resources and Environment
MOU Memoranda of Understanding
MPI Ministry of Planning and Investment
MPTC Ministry of Posts & Telecommunication
MPWT Ministry of Public Work and Transport
MRB Mekong River Basin
MRC Mekong River Commission
MW Mega Watt
NA National Assembly
NGOs Non-Governmental Organization
NGPES National Growth and Poverty Eradication
NLMA National Land Management Authority
NNG Nam Nguem
NPSH National Policy on Environmental and Social Sustainability of the
Hydropower Sector
NSEDP National Socio-Economic Development Plan
NT2 Nam Theun 2
NT-NKD Nam Theun-Nam Kading
NTPC Nam Theun 2 Power Company
PDA Project Development Agreement
PE Panel of Experts
PEI Poverty Environment Initiative
PIC Rotterdam Convention on Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade
PIPs Public Investment Programs
PMO Prime Minister's Office
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POPs Persistent Organic Pollutants
RAP Resettlement Action Plan
RBC River Basin Committee
RC Resettlement Committee
RD Research Department
RMP Resettlement Management Plan
RMU Resettlement Management Unit
RP Resettlement Plan
SEA Strategic Environmental Assessment
SED Social and Environmental Division
SEIA Social and Environment Impact Assessment
SEMII Social and Environmental Management II Project
SIA Social Impact Assessment
SIDA Swedish International Development Agency
SMMP Social Management and Monitoring Plan
STEA Science Technology and Environment Agency
TA Technical Assistance
THPC Theun-Hinboun Power Company Ltd
THXP Theun-Hinboun Expansion Project
THXPC Theun-Hinboun Expansion Project
ToRs Terms of References
UNDP United Nation Development Program
USAID U.S. Agency for International Development
VDC Village Development Committee
WB World Bank
WERI Water and Environment Research Institute
WHC World Heritage Convention
WRCCS Water Resources Coordination Committee Secretariat
WREA Water Resource and Environment Administration
WREO Water Resource and Environment Office
WSI Water Storage Infrastructure
YO Youth Organization
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1.0 INTRODUCTION TO MEKONG WATER GOVERNANCE
Development of unexploited hydroelectric potential of the mainstream Mekong River and its
tributary systems has become a significant strategic issue in the Greater Mekong Sub-region (GMS).
With an estimated hydropower potential of 30,000 MW, dam developments in the Mekong River
Basin (MRB), are expected to meet a considerable share of the region’s energy demand, which is
expected to increase at the rate of 7 percent per year over the next 20 years. A strong demand for
electricity comes from the rapidly industrializing countries of China, Thailand and Vietnam, and
electricity supplied from the hydropower sector is expected to drive growth in industries and
national economies in the region.
Recognizing the high revenue generating potential of hydropower, countries in the Lower Mekong
Basin (LMB) have committed to the development of their vast water resources. Lao PDR itself has
signed over 60 Memoranda of Understanding (MOU) for mainstream Mekong and tributary projects.
Cambodia has developed a master plan, which has identified 14 projects with an electricity-
generating capacity of 5,300 MW, while Vietnam’s Hydropower Master Plan outlines plans for
developing 2,500 MW of electricity over the next decade. These countries have oriented their
investment regimes to facilitate the greater involvement of private sector in the energy industry, in
order to augment gross domestic product (GDP) growth and economic development.
The past decade has seen private investors in China, Thailand, Vietnam, Malaysia and Russia
becoming involved in hydropower plans in the region. The process of building large dams in the MRB,
however, is complicated by the highly interdependent linkages that exist between the Mekong River
system, and natural resources and livelihoods in the region. Costs and benefits of dam construction on
livelihood options, agriculture, fisheries, biodiversity, transportation and other sectors have not been
comprehensively evaluated to date. Over 65 million people in the region depend on the Mekong River
system and its tributaries for livelihoods, and construction of dams for electricity generation can have
profound and lasting impacts on their livelihoods and ecosystems. As a result, hydropower
development in the MRB has become a hotly debated issue. Water and hydropower decision-
making, planning and implementation in the region are considered to be ineffective by many actors.
Efforts by regional organizations, such as the Mekong River Commission (MRC), to facilitate dialogue
and inform local governments of the likely impacts of dams have had a little impact on patterns of
dam development.
Water governance refers to the way in which power is organized, shared, and negotiated in society –
the interactions and decision-making processes involved in the development and utilization of water
resources; and the distribution of benefits and involuntary risks from doing so. This includes political,
administrative, and policy structures, both at the formal and informal levels that are embedded in
and influence decision-making and management practices. It also considers the processes of shaping
agendas, design of institutions, implementation of policies and practices, for day-to-day
management of water.
In the Mekong Region, inequitable development of water resources has the potential to threaten
livelihoods that depend on them. Large-scale investment in water infrastructure, such as hydropower
and irrigation, can generate large profits for private firms at the expense of livelihood and resource
security to a majority of the region’s population. Limited interest and accountability of the public sector
can particularly lead to the marginalization of women, ethnic groups and other vulnerable populations,
creating insecure and uncertain futures.
The focus of the study is to increase understanding about the governance of Water Resources
Infrastructure development in the Lao PDR. To achieve this objective, the study included visits to relevant
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agencies at the central, provincial, district, and village levels. The study team also visited the Theun-
Hinboun Expansion project. Basic research tools such as interviews, observations, and document review
were used for the study. A semi-structured questionnaire for "assessing policies and administrative
mechanisms in water governance in Lao PDR" was prepared and distributed to key government staff of
the relevant line agencies, namely, the Ministry of Energy and Mines (MEM), the Water Resource and
Environment Administration (WREA), the Ministry of Agriculture and Forestry (MAF), the Ministry of
Planning and Investment (MPI), the Ministry of Education (MOE), the Ministry of Health (MOH), and the
River Basin Committees (RBCs) during meetings and interviews at district, provincial, and central levels.
The questionnaire consisted of three sections: 1. Respondents’ profiles and experience in policymaking; 2.
Policies and practices relevant to the three issue fields (livelihoods, water valuation and dam cascades);
and 3. Organizational capacity. There were 23 questions in all. (See Appendix 1 for the questionnaire in
English and Appendix 2 for the questionnaire in Lao language.)
Nineteen questionnaires were answered, six by officials in the districts (Khamkert and Hinboun), 12
by provinces (Khammouane and Bolikhamxay), and one by a representative of the central
government in Vientiane. Most officers answering the questionnaires were heads of their division or
sector, while others were technical experts, deputy heads of divisions and sectors, or project
managers. Questions 4 to 10 related to policies and practices in the three issue fields.
2.0 WATER GOVERNANCE IN LAO PDR
The Government of Lao PDR has a formal policy to achieve middle-income country status by the year
2020. In order to reach this goal, the Lao economy (in terms of GDP) needs to grow at a rate of 7
percent per year. Hydropower and mining sectors are considered important strategies to drive the
country toward this target.
Lao PDR is a relatively stable one-party, socialist political system, where, notwithstanding the market
reforms initiated under the New Economic Mechanism in 1986, the state continues to be involved in
a great deal of economic activity. Although traditional political networks remain very powerful, the
authority of the Lao People's Revolutionary Party (LPRP) is institutionalized rather than being heavily
personalistic (Lao PDR Development Report 2010, World Bank [WB]).
Figure 1 Governance in the Lao PDR in comparison to other countries.
a. Governance in Lao PDR in comparison to
East Asia Pacific Average (2008)
b. Governance in Lao PDR in comparison to
other resource-rich developing countries
average (2008)
Governance in Lao PDR, when compared to the East Asia-Pacific average and to the 2008 average for
other resource-rich developing countries, shows weakness in accountability and regulatory quality (see
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Figure 1, World Governance Indicators, WB Institutes). Government effectiveness and the rule of law
also present challenges. Anecdotal evidence suggests that corruption, in the forms of state capture and
administrative rent seeking, is common and increasingly problematic. Yet, even though the Lao
Government remains weak in this area, it has made important advances over the past five years in
strengthening its public financial management system and improving internal oversight mechanisms,
thus boosting general public sector governance institutional quality. Additionally, the State Audit Office1
has been expanded and now reports to the National Assembly rather than to the Government (Lao PDR
Development Report, WB 2010).
During late 2006 and 2007, the Lao Government commenced restructuring of water resource
management agencies. The Water Resources and Environment Administration (WREA) was
established in April 2007 within the Office of the Prime Minister. A Minister to the Prime Minister’s
Office is Head of both WREA and Lao National Mekong Committee (LNMC) (ADB 2010). It absorbed
the responsibilities of the Environment Department from the Science Technology and Environment
Agency (STEA), the Water Resources Coordination Committee Secretariat (WRCCS) and the LNMC
Secretariat. In addition, the Department of Meteorology and Hydrology (DMH) was transferred from
the Ministry of Agriculture and Forestry to WREA. The WRCCS was upgraded to become the
Department of Water Resources (DWR) and a restructuring of responsibilities previously within the
STEA created the Water and Environment Research Institute (WERI) (ADB 2010).
In March 2009, the Government upgraded and re-mandated the Lao National Mekong Committee
(LNMC) to take on the role of national water apex body (ADB 2010). In addition to its previous
responsibilities for coordination with the programs of Mekong River Commission (MRC), the LNMC
was also assigned to review, recommend and oversee the implementation of national water
resources policy; advise on river basin plans; and create river basin committees.
The LNMC Secretariat, which was relocated from the Prime Minister’s Office to WREA (now known as
Ministry of Natural Resources and Environment (MONRE)) in May 2007, was incorporated into
Department of Water Resources (DWR) in March 2009. The responsibilities of the DWR include, to
implement Integrated Water Resources Management, to support and input from Lao PDR to
international water and environment management programs of the MRC Secretariat through LNMC,
and to support river basin and sub-basin activities (ADB 2010; Lyle c., Steeley C., Sousakoun T., and
Soukaoun K 2008).
When WREA, was formed there were: (i) no agreed upon national water resources policy or strategy;
(ii) no strategic plans or roadmap for the various water using subsectors in development planning;
and (iii) no water legislation in place to properly support contemporary approaches to water
resource management. WREA has therefore focused on strengthening the national capacity for water
resource management (both policy and human resources), and the regulation of environmental
impacts and water use in development activities, with support from the ADB and AusAID, through TA
7013-LAO: Updating the National Water Resources Policy & Strategy (ADB 2010).
In response to hydropower development (as well as mining and commercial plantation) in Lao PDR,
WREA's key role was that of environmental and social regulator, responsible for implementation and
oversight of the Compensation and Resettlement (CAR) Decree adopted by the GoL in 2005 and the
new Environmental and Social Impact Assessment (ESIA) Decree approved in 2010 (WB 2010; Prime
Minister's office 2005; Prime Minister's Office 2010).
1 The National Audit Office (NAO) was established under Prime Minister’s Decree no. 174 in 1998, which made
the NAO an agency of the Prime Minister’s office. The NAO was later renamed the State Audit Organization.
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Another major restructuring in water governance took place on 15 June 2011, when the National
Assembly approved the Ministry of Natural Resources and Environment (MONRE), a new structure to
replace WREA. The current structure consists of 14 departments (Cabinet, Administration and
Human Resources, Monitoring, Planning and Cooperation, Policy Development, Land Allocation and
Development, Land Management, Water Resources, Environmental Protection, Pollution Control,
Forestry Management, Geology and Mining, Meteorology and Hydrology, and Climate Change and
Disaster), four institutes (Institute of Social and Environmental Impact Assessment, Natural
Resources and Environment Data and Information Centre, Institute of Natural Resources and
Environment, and Lao National Mekong Committee) and others. It is expected that the new Ministry
would play a stronger role (than WREA) with its Ministerial functions to fully implement its mandate.
3.0 ADMINISTRATIVE AND LEGISLATIVE FRAMEWORKS
3.1 LEGISLATIVE DEVELOPMENT RELATING TO HYDROPOWER AND ITS IMPACTS
According to the World Bank Lao PDR Development Report 2010 (WB 2010), though the Law on
Investment Promotion (updated 2009) provides the overall framework for concessions in the
hydropower sector, there is some confusion in the mandates of the various institutions involved.
There is also lack of clear standards and procedures for investors to follow, and absence of capacity in
the government agencies, which may create confusion among potential investors, resulting in a
prolonged concession process, thus jeopardizing transparency and accountability.
In response to constraints in the Law on Investment Promotion, the influx of investors and
government policy to become the "battery of Asia", the Government has introduced more efficient
review and approval processes. First, the GoL adopted the National Policy on Environmental and
Social Sustainability in Hydropower Development (NPSH), 2005. Second, the line ministry was
reorganized in 2007 from the Ministry of Industry and Handicraft to the current Ministry of Energy
and Mines, with explicit emphasis and mandates on these sectors. Third, the Electricity Law was
further revised and updated in 2010. The approval of these laws signals more streamlined decision
making procedures in the hydropower industry. Fourth, besides internal strengthening of MEM, the
former Water Resources and Environmental Administration (WREA), created in mid 2007 as part of
the Prime Minister’s Office, had the mandate of assuming the role of an environmental and social
regulator, responsible for implementing and overseeing the Compensation and Resettlement (CAR)
Decree adopted by the GoL in 2005 and the new Environmental and Social Impact Assessment (ESIA)
Decree approved in 2010.
Despite the government’s commendable efforts to develop a coherent and systematic approach to
sustainably develop hydropower and alleviate its impact on poverty, several constraints identified in
the Paper on Water Resources Management in Lao PDR (WREA, 2008) remain to be addressed. These
include:
� Limited legislation and enforcement;
� Lack of a clear policy preference for types of projects;
� Single-project orientation, rather than program-based planning;
� Fragmented water resources management arrangements, limiting legal functioning
and capacity, and creating gaps among related sectors; and
� Data fragmentation, problematic access to information, and other issues limiting
the use of robust information in decision-making and implementation.
�
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3.2 MULTILATERAL ENVIRONMENTAL AGREEMENTS IN THE LAO PDR
Lao PDR is party to 11 global Multilateral Environment Agreements (MEAs) (see Table 1 for the lists
of MEAs). In Lao PDR, international agreements are not self-executing, which means that their
obligations must be implemented in the national law (Prime Minister's Office 2007).
Eight of the MEAs to which Lao PDR is a party to include an obligation to develop national policy,
strategies and plans to guide implementation - only the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) and the Montreal Protocol don’t do so. Most of
the laws reviewed require the government or government authorities concerned to develop policies,
strategies and action plans on the protection and management of environment and natural resources.
In particular, Article 5.2 of the Environmental Protection Law (EPL) requires that the National Socio-
Economic Development Plan (NSEDP) contain provisions on the management and protection of the
environment and natural resources.
In contrast, Articles 22.1 and 43.3 of the law on water and water resources provide that water
management plans must be in compliance with the NSEDP. This means that economic development has
higher priority than sustainable water resource management. It also means that water management
plans may be subject to revision on the basis of changes in policy, rather than being based on sound
principles of water resources management. These articles of the law on water and water resources are
not consistent with Article 5.2 of the EPL. This inconsistency creates uncertainty for whomsoever
attempts to comply with the existing law and for whoever is responsible for enforcing it (Prime
Minister's Office 2007).
Table 1 List of Multilateral Environmental Agreements (MEAs)
Biodiversity Atmosphere Chemicals
World Heritage Convention
(WHC, 1972)
Vienna Convention for the
Protection of the Ozone Layer
(1985)
The Stockholm Convention on
Persistent Organic Pollutants
(POPs, 2001)
The Convention on
international Trade in
Endangered Species of Flora
and Fauna (CITES, 1973)
The Montreal Protocol on
Substances that Depleted the
Ozone Layer (1987)
The Convention on
Biodiversity (CBD, 1992)
The Framework for Convention
on Climate Change (FCCC,
1992)
Cartagena Protocol on
Biosafety (2000)
The Kyoto Protocol (1995)
The Convention on
Combating Desertification
(CCD, 1994)
Ramsar Convention of
Wetlands (2010)
Sources: Prime Minister's Office, the United Nations Development Program (UNDP)-WREA, Project
MEA 2007, on Comparative Analysis between Multilateral Environmental Agreements and National
Socio-Economic Development in Lao PDR.
MEAs’ obligations have been incorporated into 10 national legal instruments. The obligations, which
have been incorporated into most laws, include monitoring, data collection, and performance
incentives. Issues that are lacking in the majority of the laws reviewed include requirements for:
6
preparation of inventories of natural resources; education and public awareness; public participation
in decision-making related to resource management, technology transfer and technical cooperation.
In particular, no law reviewed requires that there be a review of its enforcement and of compliance
with its provisions. Article 31 of the Mining Law and Article 6 and 14 of Electricity Law require project
developers to undertake environmental impact assessments (EIA), but none of the other laws
reviewed contain this requirement. In addition, only hydropower and transportation/road sectors
have developed sectoral EIA regulations (Prime Minister's Office 2007).
All of the laws reviewed contain provisions on institutional arrangements, but not all of them include
conservation and environment protection in the mandates of the responsible institutions, nor do
they assign responsibilities for these functions at all levels, from central ministries to village
administration (Prime Minister's Office 2007).
Table 2 provides a summary of relevant Laws, Regulations, Policies and Plans related to hydropower
development, dam cascades, water valuation, and livelihoods. Each of the relevant laws, regulations,
policies and plans will be further elaborated upon in the following sections.
7
Table 2 Summary of Relevant Laws, Regulations, Policies and Plans
Issues fields Law/ Regulation Decree Policy Strategy/Plan Guidelines Description of relevance
Hydropower
development
Law on Electricity
(1997, 2008,
updated 2012)
Regulations of
Environment
Management for
Electricity Projects
Decree on
Implementation of
Electricity Law
The Seventh National
Socio-Economic
Development Plan
(NSEDP) (2011-15)
Power System
Development Plan for
Lao PDR (Final report,
August 2004),
prepared by Maunsell
and Lahmeyer
International
Lao Electric Power
Technical
Standards (MEM,
2004)
There are number of
legislations relevant to
hydropower development,
but the key legislations line
ministries most referred to
are the Law on Electricity,
the Law on Investment
Promotion and the
National Policy on
Sustainable Hydropower,
NSEDP and EIA (SIA)
Decree.
Law on Investment
Promotion (National
Assembly, 2009)
Regulation on list of
investment projects
subject to IEE and
EIA (2010)
Decree on EIA
(2010)
National Policy on
Environmental and
Social Sustainability of
Hydropower Sector in
Lao PDR (NPESSHS -
No.561/CPI, STEA, 2006)
Strategy Plan for
Energy Sector
Development
National
Environmental
Standards (2010)
Environmental
Protection Law
(1999) Wildlife and
Aquatic Animals Law
(MAF, 2007)
Lao on National
Heritage (MCI, 2005)
National Policy on
Sustainable Hydropower
(STEA, 2006)
Renewable energy
development strategy
of the Lao PDR (MEM,
2010)
Dam
Cascades
Decree on
Establishment and
Activities of River
Basin Committee
(No. 293/PM,
15.06.2010)
Two RBCs have been set up
as the result of this Decree
(Nam Ngum and Nam
Theun - Nam Kading RBCs),
but they are still new,
weak, and irrelevant to
hydropower development.
8
Table 2 (Cont’d.)
Issues fields Law/ Regulation Decree Policy Strategy/Plan Guidelines Description of relevance
Water
valuation
Law on water and
water resources
(MIH, 1996) – to be
updated in 2013.
Decree on establishment
and activities of water
resources and
environment
administration 149/PM
Draft National Water
Resource Policy,
Strategy and Action
Plan 2011-2015 (1
Oct. 2010)
It is unclear what
law/policy/decree is
relevant to water
valuation, but the draft
National Water Policy
provides a framework for
IWRM which considers it.
Livelihoods Regulations for
implementing
Decree 192/PM on
Compensation and
Resettlement of
People Affected by
Development
Projects
Decree on EIA (2010), but
also incorporates Social
Impact Assessment.
The Seventh
National Socio-
Economic
Development Plan
(NSEDP) (2011-15)
Technical
Guidelines on
Compensation
and Resettlement
in Development
Projects (Nov.
2005)
There are many pieces of
legislation relevant to
livelihoods that are
implemented by different
ministries/ agencies.
Law on Forestry
(MAF, Mar. 2008)
Decree on Compensation
and Resettlement of
People Affected by
Development Projects (No.
192/PM, Sept. 2006)
National Policy on
Health Impact
Assessment (No.
365/MOH, 01 Mar.
2006)
Draft Practical
Guideline on
Health Impact
Assessment in Lao
PDR
Land Law (MoF,
2003)
Decree on developing
small villages into village
development units and
developing bigger villages
into a small city in the
rural area (03/ກມສພມ,
30 May 2011.
Draft National
Strategy for Rural
Water Supply,
Sanitation and
Hygiene (v.3 - Mar.
2011, MOH)
Public
involvement
guidelines, draft
(2009)
National Growth and
Poverty Eradication
(NGPES)
9
Hydropower Development Related law and policies
Law on Investment Promotion (2004, updated 2009): The law assigns the Ministry of Planning and
Investment (MPI) and the Ministry of Industry and Commerce (MIC) as the investment administration
authorities with rights to propose solutions to relevant authorities (sectoral ministries) for their
consideration if they find any violations of law or regulation related to investment (Article 93). The
MPI is mainly responsible for concessions of large projects (e.g., hydropower, mining, commercial
plantation), while the MIC is responsible for general business investment.
Different governmental agencies regulate this cross-sectoral development from different
perspectives. The WREA (now MONRE2) is in charge of reviewing the EIA and regulating water
resources management, the National Land Management Authority (NLMA) formulates integrated
land-use planning, and the MPI and MIC regulate investment. The law states that all activities of
enterprises shall be managed, monitored, and inspected by relevant sectors (Article 93). In the
context of hydropower development (concession business), investors shall submit applications to the
one-stop service of the Investment Promotion Department of the MPI, which will then propose them
to the government or provincial authorities for further consideration (Article 21).
In practice, on a case-by-case basis, MEM (through the Department of Energy Business [DEB]) is also
able to submit proposals and reports directly to the government without going through MPI. But
they do keep MPI well informed. In the case of hydropower development projects, the MPI is
assigned to represent the government and sign MOUs, Project Development Agreements (PDAs), and
Concession Agreements (CAs) on its behalf. The MPI (Department of Law and Department of
Research) also works closely with ministries concerned and local governments through all of the
processes.
According to the law, all project developers must set up and legally register a local project company
with a minimum investment funds of not less than 30 percent of the total project value; all taxes,
royalties, and so forth must be paid through this project company only.
Law on Electricity (1997, 2008, 2012): This law determines regimes of production and distribution of
electricity, with an emphasis on hydropower and its administration. It lays out which government
agencies must approve hydropower projects, based on their size in terms of electricity generation (see
Box 1). It also outlines the procedure for obtaining concessions to operate electricity projects, and the
rights and duties of government agencies responsible for electricity sector administration and
inspection. In order to be eligible to develop hydropower in the Lao PDR, project developers must meet
all requirements outlined in this law when developing a project proposal.
Recently, the government has approved the updated Electricity Law 03/NA, Vientiane, 20 December
2011 (to replace 03/NA, 8 December 2008).
2 MONRE - Ministry of Natural Resource and Environment approved at the 9th National Assembly on 15 June 2011.
10
The following articles have been updated or replaced in the updated law:
Articles Headings Key descriptions
17 National Electricity Transmission
Grid
Additional paragraphs are added
26 Investment in operations
relating to electricity
The operation enterprises are now: BOT,
BOOT, BT and state owned. BTF has been
removed.
29 Concession Procedures Clearer procedures: (1) MOU; (2) PDA;
(3)CA
33 Concession Term Possible extension of 10 years’ term has
been removed.
34 Size of electricity enterprises Approval:
< 100KW – District Governor & or
municipality
> 100KW – 15MW – Provincial Governor
(in consultation & with approval of
relevant sectors)
> 15MW – 100MW – Central Government
(in consultation with MPI and MEM)
> 100MW (or more than 10,000 ha of
reservoir sizes, other impacts) – National
Assembly (in consultation with the central
government)
37 Obligations of Concessionaires
39 Exceptions to Concession
Application
41 Contribution to environmental
fund
45 Approval for establishment of
an electricity enterprise in a
locality or in rural areas
49 Electricity prices of rural areas
50 Rights of Concessionaires
64 Rights and responsibilities of
Ministry of Energy and Mines
added
65 Rights and responsibilities of
Provincial and Vientiane
Municipal Energy and Mines
added
68 Inspection Agencies MEM, Provincial and Vientiane
Municipality Energy and Mines, Districts’
Energy and Mines.
81 Effectiveness 60 days after presidential approval.
Environmental Protection Law (1999): As stated in the law, environmental protection consists of all
activities that contribute to the protection of the environment and do not cause damage to the
environment; that ensure a clean and pollution-free environment; and that do not cause adverse
impacts to the health of humans, animals, plants, or to the balance of the ecosystem. The law
defines environmental management and monitoring agencies’ (and clearly sets out their rights and
duties), obligations to protect natural resources; measures for managing exploitation and use of
natural resources (such as protection of biodiversity and protection of cultural, historical, and natural
11
conservation sites); and pollution control from business sectors. However, there is no specific
section/clause concerning potential impact and measures for energy sector development.
The Seventh National Socio-Economic Development Plan (NSEDP) (2011-15): In the energy sector,
the GoL targets the construction of 10 more large dams to produce 5,015 MW of power. Along with
these dams, it aims to complete transmission lines (115 Kv) in the north, central, and south regions
to meet the power demand and, at the same time, ensure that the number of households who
access electricity increases to 80 percent by 2015. The plan targets national growth and intends to
ensure the preservation of natural resources and protection of environment.
National policy on environmental and social sustainability of hydropower sector in the Lao PDR
(NPESSHS - No.561/CPI, STEA, 2006): This overarching policy guides related ministries for sustainably
developing the hydropower sector in Lao PDR, taking lessons from the Nam Theun 2 project. The
policy is founded on three principles: (a) economic sustainability relies on the maintenance of the
renewable resource base and the use of nonrenewable resource rents to support the development
of other factors of production; (b) social sustainability is based on the principles of inclusiveness,
mutual understanding, and consensus; and (c) ecological sustainability relies on the avoidance of
irreversible environmental impacts such as the loss of biodiversity, the accumulation of persistent
pollutants, or the disruption of ecological cycles.
The policy applies to all large hydropower dams, where large dams are defined as having an installed
capacity of higher than 50 Megawatts or inundating more than 10,000 hectares of land at their full
supply level. This national policy applies to hydropower projects constructed after 1990. The Policy is
guided by ten core principles: i) Environmental Assessment; ii) project-affected people; iii)
watershed management and conservation; iv) consultation; v) disclosure; vi) compliance; vii)
revenues; viii) existing hydropower projects; ix) institutionalization; and x) reporting on annual
status of the environment, and social compliance detailing the performance of all hydropower
projects in planning, design, construction and operational phases by Bureau of the Secretariat of
the Lao National Committee on Energy (LNCE).
In sum, hydropower project proposals should go through the MPI as a first window, with the MEM as
the recipient that drives or leads processes as outlined in the investment promotion law and MEM's
Independent Power Producers (IPP) implementation processes. Proposals must follow the Electricity
law, the EIA Decree and other relevant legislations (e.g., the Ministry of Labor and Social Welfare on
labor law, the Ministry of Public Work and Transport for approval of access roads, the NLMA for
concession area surveys and development, and the Ministry of Agriculture and Forestry for forest
classification and protected areas). The most common type of concession agreement is built-own-
transfer (BOT). According to an interview with the MPI, tax laws are very important for income
generation; however, these laws are currently unavailable and the MPI (Department of law) is
conducting a study to review them.
Dam Cascades related law and policies
Decree on Establishment and Activities of River Basin Committee (No. 293/PM, 15.06.2010): There
is no direct policy/regulation on the operation of dam cascades. This operation is handled by dam
developers/operators on a contractual, case-by-case basis.
However, the government has announced a new decree on the establishment and activities of the
River Basin Committee (RBC), a non-permanent organization following IWRM principles in line with
the draft national water resources policy, strategy, and action plan. It has a mandate to act as a water
resource executive under the direction of the Lao National Mekong Committee (LNMC) for
12
management, development, conservation, rehabilitation, and use of water resources (called “water
resources management”) in river basins. Its key roles are to facilitate consultation and participation
in the development process in river basin areas among all involved agencies, including government,
private sector, communities and other involved parties, and, to ensure sustainable water resource
and ecosystem use, and to apply mechanism for polluter pays principles.
Currently (2010/2011), two RBCs have been established for the Nam Nguem (NNG) River Basin and
Nam Theun-Nam Kading (NT-NKD) River Basin. Both rivers are heavily modified, with cascades of
dams on the main rivers and their tributaries. This implies that the Decree on the establishment of
RBCs has the mandate and jurisdiction to address dam cascades. For example, the Nam Nguem
hydropower and mining forum was initiated to encourage engagement from investors, developers,
donors, and international organizations. However, since these committees are new, they are still
exploring and trying out different models from other countries; for NNG, the French model of river
basin organization is under consideration.
Water Governance and Valuation related law and policies
Draft National Water Resource Policy, Strategy and Action Plan 2011-2015 (1 Oct. 2010): This plan
comprehensively outlines the implementation of an IWRM-based approach through coordinated,
optimized, and sustainable development and use of water resources, protection of the environment, and
improvement of social well-being. The policy will help update the law on water and water resources and
other legislation; it will also help guide water-related aspects of national socioeconomic development
planning and private sector investment management at the central and local levels. The plan also
elaborates on strategies and action plans for the next five-year period (2011 to 2015), prepared in parallel
with the policy.
This policy clearly sets out five principles: a) water is a valuable national asset in which government
has the central authority to regulate its management, development, use and protection; b) water
must be conserved for basic human needs and the protection of ecosystems; c) water rights are
separated from land rights insofar as landowners do not always have the right to use or control water
adjacent to their property; d) water has economic, social, and environmental values, and e) decision-
making on water resources management should be based on consultation and participation level.
In parallel, the strategy outlines key focus areas and sets priority activities for 2011 to 2015. The
action plan elaborates on the programs and activities in action with respect to timeframe and
implementing agencies, consisting mainly of departments within WREA. As of 15 June 2011 (9th
National Assembly), the NA approved a new ministry to replace WREA, called the Ministry of Natural
Resources and Environment. This ministry is currently under formation and will take time to become
fully functional. The government and national assembly are expected to approve the Policy, Strategy
and Action Plan by the end of 2011. The policy formation is supported by the ADB and AusAID
through ADB-TA 70133.
Livelihoods
The Seventh National Socio-Economic Development Plan (2011-15) aims to lift the people of Lao
PDR out of poverty and raise the country from least-developed status by 2020. Its approach is to
carry out rural development and make the country green and clean, abundant in forests (including
rain forests), water, and fresh air. Special focus will be placed on poor and remotely located kumbans
3 Updating the National Water Policy and Strategy (ADB TA 7013-LAO).
13
(village clusters) that have minimally benefitted from previous programs. Following this, efforts are
focused on encouraging economic development alongside socio-cultural development, improving the
political system and national defence and security, and alleviating the status of poor households and
villages. These are starting points as per the four targets set by the Politburo (decree No 13/PM).
The following are the targets for 2015:
a. Reduce poverty by headcount to less than 19 percent of the population and by household
to less than 11 percent of the total by 2015;
b. Conduct participatory planning at the village, kumban, and district levels in order to
implement poverty reduction projects effectively;
c. Implement programs through the Poverty Development Fund to include three times the
number of villages and kumbans currently included;
d. Lift villages from their low development levels to become ‘development villages’ according
to four targets and the Prime Minister’s Decree no. 13/PM. These targets include turning
about 50 percent of the large-sized villages in a district into development villages, making
at least one kumban in each district into a small town, and creating conditions for poor
districts to get rid of abject poverty;
e. Resettle displaced people by developing new agricultural lands and living facilities for them
on a permanent basis, completely halt (and reverse) deforestation, and stop shifting
cultivation;
f. Village grouping, resettlement, and livelihoods – cross-cutting issue: Continue kumban
development and village grouping (and resettling) as anti-poverty and rural/human
development approaches;
g. Extend the road network to poor districts so as to permit travel throughout the year –
especially the districts of Dukjeing, Kaleuam, Samoua, Saisathan, Phonthong, and
Saichamphon – and connect all Kumbans and other priority areas by roads;
h. Expand rural electrification to provide access to 80 percent of the households across the
country and extend permanent electrical networks to all municipalities;
i. Employment, youth, and poverty – cross-cutting issue: While the proportion of people
below the poverty line is reducing, the extent of hunger and food-security, especially
seasonal food security, is a concern that the plan will aim to address. The government
recognizes that growing food is not enough to meet food security targets; it is necessary
for people to have entitlements to food year-round on a sustained basis; and
j. Growth, distribution, safety nets, and gender – cross-cutting issue: As growth in some sectors
is not employment-generating (like mining and hydropower), and as these are the
spearheads of development, the benefits of growth must reach the larger masses through
other means. A development approach will be devised that benefits the poor, like the
employment assurance program. Such an approach, when targeted at the poor (focused on
women), can act as a safety net.
The government strongly believes that hydropower development is an appropriate strategy that will
greatly contribute to the GDP and poverty reduction through project-area development or through
the resettlement of villages.
National Growth and Poverty Eradication (NGPES): In line with national socioeconomic
development strategies (NSEDS), the NGPES has dual objectives: enhancing growth and
development, and reducing poverty. The NGPES defines economic growth, sociocultural
development, and environmental preservation as the three pillars of Lao PDR’s development policy,
but implies strong emphasis on economic growth, as is evident from the GoL’s dependency on
private-sector financing.
14
The NGPES operational framework defines four sectors – agriculture/forestry, education, health, and
infrastructure (with a focus on rural roads) – on which the government will concentrate.
As stated in the NGPES, poverty is defined as “the lack of ability to fulfill basic human needs; not
having enough food, lacking adequate clothing, not having permanent housing, and lacking access to
health, education, and transportation services” (Instruction no. 010/PM, 25 June 2001). Most areas
with an operational hydropower project will not be covered by the NGPES programs (both funding
and technical support) as government believes substantial support and funds have already been
provided to the affected communities through the project. But, the NGPES will serve as a guiding
document for defining livelihoods and poverty for hydropower project development areas.
Decree on EIA (2010): The Decree is applicable to all investment projects for which environmental
impact assessments are required. There are two types of impact assessments: initial environmental
examinations (IEE) are for small-scale and uncontroversial projects, while EIAs are for large,
complicated, and controversial projects. For hydropower development projects below 15MW, IEEs
are sufficient; any project beyond 15MW must conduct an EIA.
The Decree provides guidelines on the environmental impact assessment process: investment project
screening, selection, issuing certificate, management and monitoring, settlement of environmental and
social disputes, and policies toward persons with outstanding compliance, and measures for violators.
It also defines the duties of key agencies (WREA, local administration, project developers, project-
affected people, and other concerned agencies) in IEE, EIA, and other processes.
Project developers are given total responsibility (including financial responsibilities) for all the steps
in the EIA, including drafting the assessment, conducting consultations with relevant stakeholders at
all levels (from local to national), implementing and monitoring the EIA, and reporting on
compliance. This Decree also emphasizes project-affected people and other stakeholders' rights and
duties when participating in investment project development. The consultation and participation
process are as follows:
� First DRAFT of EIA:
o Project developer, before submitting to Environmental and Social Impact Assessment
Department (ESIAD), must hold public consultation with potential affected villagers
to inform them about the issues; and propose solution. The developer must take the
minutes of all the consultations (with signatures of village headman and villagers),
and attach these to the draft EIA when submitting it to ESIAD/relevant agencies; and
o Project developer must also hold a public consultation at district level, with district office,
and relevant line agencies (both from provincial and district) as well as village headmen,
elders group, Lao Women Union, Lao National Front Construction, to inform them about
the issues and propose solutions. The developer will also take minutes of the meeting
(with signatures of approving authority).
� Project developer shall submit to ESIAD, a set of documents, including Environmental
Impact Assessment (EIA), Social Impact Assessment (SIA), Environmental Management Plan
(EMP), and Resettlement Management Plan (RMP). The Department will review all the
documents, and return them back to the developers for further revision. The biggest
challenge faced by ESIAD is their capacity to review all the documents (EIA, SIA, EMP,
Resettlement Action Plan [RAP]) that are prepared by experts with more than 10-20 years of
experience and provide constructive recommendation, because most of the reviewers are
usually inexperienced new graduates from local universities.
15
� Finally, a National Meeting must also be organized to inform the public of the project
commencement. The meeting should be co-chaired by ministers of the relevant ministries
and Provincial Governor. If there are any further comments on the project at this meeting,
developers can decline/accept these for further improvement. The meeting also invites
relevant agencies, and village representatives (village head, elderly group, women union).
Project developers are also responsible for financing the monitoring activities of ministries
or departments concerned (such as the MEM and the MONRE/WREA). In practice,
ministries and departments concerned must submit a budget plan to the project developer
each time to finance their monitoring teams. According to the EIA Decree, the departments
concerned may make unannounced monitoring visits to sites, but, in practice, this has
never happened. It is difficult not to provide notice before arrival, as prior and formal
notification of any visit by government officials is an acceptable and common practice.
This Decree was upgraded in 2010 from the previous Regulation on Environmental Impact
Assessment 2000, with support from the Swedish International Development Agency (SIDA)
through its Social and Environmental Management II Project (SEMII) Project. In 2006, when
the regulation was reviewed, it was recommended to upgrade it to a Decree issued by the
Prime Minister to add weight to the policy for greater compliance. When it was only a
regulation, compliance was low, making enforcement difficult; at that time, the WREA was
only the STEA, with less power than ministries. Although STEA was reformed to WREA in
2007, it still does not have the power of most ministries and provincial authorities, which
makes it difficult for it to enforce or ensure compliance of the EIA.
Decree on Compensation and Resettlement of People Affected by Development Projects (No.
192/PM, Sept. 2006): The decree defines principles, rules, and measures to mitigate adverse social
impacts and to compensate for damages that result from involuntary acquisition or repossession of
land and fixed or moveable assets, including changes in land use, and restriction of access to
community or natural resources affecting community livelihood and income sources (Article 1). The
decree gives the project owners the responsibility to:
� Address adverse social impacts (Article 4);
� Provide compensation (Article 6);
� Provide assistance during relocation and transition periods (Article 7);
� Provide adequate assistance in addition to other compensation for economic
rehabilitation (Article 8);
� Undertake restoration and repair community facilities and infrastructures (Article 9);
� Take responsibility for resettlement site development and mitigate adverse impacts
(Article 10);
� Consider Lao culture and practices (Article 11);
� Conduct public participation and consultation (Article 12);
� Establish grievance redressal mechanisms (Article 13);
� Prepare resettlement costs and budgets (Article 14);
� Provide reporting and documentation to responsible government authorities for
consideration and recommendation (Article 15); and
� Make adequate arrangements for monitoring of the implementation of the
compensation, resettlement, and rehabilitation measures (Article 16).
The Decree also gives ministries concerned the rights and responsibilities to either reward or
sanction project owners based on their compliance of the legislation; however it does not clearly
provide any guidance or procedures on how to monitor and evaluate the project owners’ conduct in
meeting their obligations.
16
The Decree obliges project owners to prepare Initial Social Assessment (ISA)/land and assets
acquisition assessment; Social Impact Assessment (SIA); Land Acquisition and Compensation Report;
Resettlement Plan; and Ethnic Minority Development Plan, and submit these to the government
agency (STEA) for approval (Article 15). It does not elaborate on the process of approval in terms of
criteria/guidelines for approval, regular monitoring, and inspection of conducted activities. In
addition, the decree’s definition of those eligible for compensation does not include community
living downstream of the reservoir/dam in terms of potential project impacts to downstream area
(Suhardiman, A. de Silva, S. Carew-Reid, J. (2011).
In practice, ESIA Department (MONRE) is responsible for implementing this Decree, but the current
debate within the government is that ESIA Division/Department only has expertise in the area of
natural resource and environment. In this case, their mandate and authority for implementing and
monitoring social impacts is weak and not that relevant. At the moment, the government has not
decided on which ministries should take full responsibility for the social development part. This is
also why the government has decided to establish the Resettlement Committees (RC) and
Resettlement Management Unit (RMU) at the Provincial/District levels for all the Dam Projects (and
make it as compulsory part of the Concession Agreement). For example, in the case of THXP, RC is
responsible for reviewing and approving of the Resettlement Action Plan for the Theun-Hinboun
Expansion Project (THXP), providing organizational support and direction for the RMU; liaising with
GoL organization on national, provincial, and district levels; ensuring compliance with GoL Laws,
regulation and policy; liaising with THXP regarding GoL concerns and priorities; and organizing
national-level consultation (Bolikhamxay Province, Lao PDR, 2010).
Regulations for Implementing Decree 192/PM on Compensation and Resettlement of People
Affected by Development Projects (STEA, 2005): In line with the decree on compensation and
resettlement of people affected by a development project, the regulations link resettlement
procedures with the project cycle (Article 3). See Table 3.
The regulations outline the procedure for resettlement and compensation and the steps the project
owners have to take to ensure compliance with the existing regulations and procedures, during each
stage of project development (from identification, pre-feasibility, feasibility study, detailed design,
construction and operation). As stated in the regulations: “To implement each step of the project
cycle and resettlement process, the project owner will properly and strictly comply with the
provisions determined in the Technical Guidelines on Compensation and Resettlement” (STEA, 2006).
Table 3 Project cycle and resettlement procedures.
Project cycle Resettlement process
Identification Screening/Initial Social Assessment(ISA)/Terms of
Reference (ToR) for Social Impact Assessment (SIA)
Pre-feasibility study Redefine ToR/assess options for minimizing adverse
impacts/selection of suitable design option
Feasibility study
SIA/Socio-Economic Survey (SES)/Inventory of Losses
(IOL)/Resettlement Plan (RP)/ Ethnic Minority
Development Plan (EMDP)
Detailed study Updated/final RP/EMDP
Construction/operation RP/EMDP implementation and monitoring
Source: STEA 2005.
17
These regulations give project owners the central role in formulating and implementing resettlement
plans, highlighting how the government perceives project owners as ad-hoc decision makers in
hydropower projects. Giving project owners full responsibility for conducting resettlement processes
raises potential conflicts of interest that may occur when identifying potential negative impacts,
formulating mitigation/resettlement plans, implementing them, and monitoring their
implementation. Since project owners are interested in developing hydropower dams for profit, they
tend to downplay potential negative impacts from the start, minimize the cost of resettlement, and
overlook operational impacts on existing ecosystems.
The way project owners include public participation, information disclosure, and consultation into
the resettlement process is another issue. The regulations highlight the potential role of local
authorities in encouraging more transparent and deliberative decision-making through community
participation and active involvement in resettlement planning and implementation.
According to the new EIA Decree (2010), Article 14, social management and monitoring plans include
the following:
� The social management and monitoring plan must be consistent with the Decree and
Regulations on Compensation and Resettlement of project-affected people by
development projects and consists of a resettlement plan for the project-affected people
by the investment project, a social development plan, and a plan to restore living
condition, paying particular attention to the healthcare of those who are affected etc; and
� The project developer must strictly implement the social management and monitoring
plan approved by the Water Resources and Environment Administration (now MONRE), in
coordination with the local administration concerned, particularly the Committee of
Resettlement and Restoration of Living Condition. In case it assigns the task to another
company, it must incorporate the terms and conditions of the plan into the contract to
ensure that the sub-contractor implements the plan comprehensively.
As per the Resettlement and Restoration of Living Condition Committees (Article 28, EIA Decree
2010), the Government appoints a Provincial or Capital Resettlement and Restoration of Living
Condition Committee which has the following authority and duties:
� To lead and give directions, supervise, and monitor the resettlement and restoration of
living condition of the project-affected people located in its province or prefecture; in
compliance with the Social Management and Monitoring Plan (SMMP);
� To consider petitions filed by the people, in close coordination with the project developer,
the agencies concerned and report to the government regularly; and
� This committee functions by relying on the budget allocated from the investment project,
the State budget and other sources.
4.0 INSTITUTIONS AND ACTORS
In the context of Lao PDR, the best way to understand water sector decision-making and the key
actors involved is through understanding the IPP project approval, implementation, and monitoring
processes (
Figure 2).
In the hydropower development sector, two ministries are responsible for concession proposals. The
Ministry of Planning and Investment (MPI), in particular the Investment Promotion Department
(IPD), the Law Department (LD), and the Research Department (RD), are responsible for registering,
18
reviewing, and examining investment proposals and submitting them to the Prime Minister’s Office
(PMO) for consideration and approval. Under the MEM, the DEB (formerly known as Department of
Energy Promotion and Development [DEPD]) is responsible for overseeing private investment
initiatives and hydropower project development while the DEPP (formerly known as DOE) plays a
more strategic and technical role, doing sector planning and policies as well as examining technical
feasibility studies, project designs, advocacy, monitoring and coordinating with relevant sectors.
DEPP is also a representative of MEM to witness the signing of the MOU relevant to electricity
development projects. At the Mekong regional levels, DEPP is designated as the focal point for MRC
database and a member of joint technical review group and advisory committee of MRC’s Initiative
on Sustainable Hydropower (ISH).
For the planning/preparation stages of the investment proposal:
� The MPI collects and registers proposals for public investment from provincial sector
departments;
� The IPD, Department of Energy Policy and Planning (DEPP) (formerly known as DOE) and
Department of Energy Business (DEB) together review investment proposals for their
technical feasibility and the developers’ ability to raise the necessary financing, and then
make recommendations to their ministers, the MPI, and the government. If the project
meets the Electricity Law and relevant policy and if it has sufficient investment funds, the
IPD (or, in some cases, the DEB) will report to the PMO for consideration and approval; and
� Once approved by government, the MPI (acting on behalf of the government) will sign MOU
for further investigation by project developers. The MPI is also delegated by the
government to sign MOUs, PDAs, and CAs as they emerge, subject to government and
National Assembly approval of the investment proposal.
A Memorandum of Understanding (MOU) is signed with the developer in order to carry out technical
feasibility studies, which can often be costly and therefore require some assurance that the
developer can proceed if the feasibility studies are satisfactory. MONRE becomes involved here in
reviewing EIA, SIA/SES/IOL, Environmental Monitoring and Management Plan, SMMP RAP, and Ethnic
Minority Development Plan (EMDP). MONRE is also responsible for distributing EIA and related
assessment and plans to ministries concerned for further reviews (e.g., Ministry of Agriculture and
Forestry, Ministry of Public Work and Transport, Ministry of Health, Ministry of Education, Lao
National Front for Construction, Ministry of Labor and Social Welfare ). This step is followed by the
granting of a Project Development Agreement (PDA), which gives exclusive mandate to the developer
to negotiate with power buyers. It is at this stage that the benefit to the Lao Government is defined.
According to MEM, PDA is not required by the Lao Government, but is by and large required and
requested for by the Project Developer as evidence for negotiating with the power buyers and
lenders.
During the Concession Agreement negotiations, the DEB usually takes the lead in forming and
heading a taskforce of representatives from other line ministries (including the MOF, the MPI, the
MONRE and sometimes the Ministry of Justice for major agreements). The DEB attempts to ensure
that each concession agreement is harmonized with other existing projects, with modifications
related to the project at hand. The MONRE attempts to ensure an appropriate social and
environmental budget and mitigation measures. National Assembly approval must also be sought for
large and controversial projects or for small projects that cover national protected areas, areas of
cultural importance, or special zones.
At the implementation/operational steps, project developers are held responsible and accountable
for construction, social and environmental implementation, and compliance. They must arrange
public consultations with the participation of all stakeholders (projected-affected people, local
19
governments from different line agencies, and other stakeholders) and report on self-monitoring
activities.
According to the EIA Decree, there are different levels and different types of monitoring
requirements: monitoring by project developers, monitoring by government agencies, and
monitoring by external bodies. The most common one is monitoring by project developers, and
monitoring by government agencies. The latter involves regular monitoring by provincial and district
administration, and periodic inspection and monitoring by Department of Electricity and ESIA
Department. Levels of monitoring vary from project to project, in which some even have an
international panel of experts. Procedures for monitoring by external bodies – for example, oversight
by the National Assembly, inspection by the State Inspection Administration, auditing by the National
Audit Administration, and monitoring by the Panel of Experts (domestic, not foreign) – have not been
laid down.
20
Figure 2 Steps in Hydropower Power Concession Awards, Approval and Implementation and
Monitoring Processes in Lao PDR. (Julia Fraser, based on MacGeorge et al. 2010; WB
2009; and van den Toorn 2009, with inputs from Jie Tang and William Rex 2010).
Steps Key Actors/ GoL Agencies
Investment
Proposal
• MPI: collects, accepts, registers & reviews investment proposal, in coordination with MEM for its technical and financial feasibility
• MEM: Assesses the technical feasibility of the proposal & ability of the developer to carry out ESIA and raise private financing
• PMO: endorses the investment proposal based on MPI and MEM's recommendation
MPI (DPI) MEM (DEB, DEPP) PMO/Government
1
2
MOU
(Feasibility Study)
EIA (SIA/RAP/
EMP)
PDA
• MEM: Provides technical proposal
• MPI (with technical back-up from MEM) grants Memorandum of Understanding (MOU) to developer to carry out technical feasibility studies
• MONRE/WREA: Reviews Env. and Social Impact Assessment
• MPI (with technical back-up from MEM) grants Development Agreement (PDA) - to give exclusive mandate to developer to negotiate power purchase with potential buyer.
• PMO: endorses/approves the investment proposal based on MPI, MEM, MONRE proposed assessment and recommendation
MPI (DL+DR) MEM (DEB, DEPP)
EDL/LHEC MOF MONRE/WREA (ESIAD) PMO/Government
3
Concession Agreement
(CA)
• MPI & MEM: Participate in negotiation and draft Concession Agreement
• MPI & MEM: Ensure harmonization with existing Agreements
• MONRE/WREA: Ensure best proposal for Social and Environmental Impact
• MPI: Grants Concession Agreement, subject to Provincial Government, PMO/Government and National Assembly's Approval
• BOT - Build-Own-Transfer is the common agreement type
MPI (DPI) MEM (DEB, DEPP)
MONRE/WREA (ESIAD) MOF Province
5
Monitoring and
Evaluation
• MEM: Monitors projects under negotiation, construction, and operation
• MONRE/WREA: Periodically monitors social and environmental compliance
• Provinces and districts: Regularly monitors the infrastructure development, social and environmental compliance, and other security matters in the project areas.
MEM (DEB) MONRE (ESIAD) Province + District Project Developers External (PE, others)
4
Implement-
ation
• Implementation mainly undertaken and led by Project Developers for both infrastructure and social and environmental components
• Local Government provides overall support, sets up institution for resettlement and grievance processes, and monitoring of progress.
• Other line ministries/agencies at the provincial and district levels are being mobilized or appointed to support the Project Developer in accordance with their work plan, but some are on an ad-hoc basis, particularly on the social component.
• Central government provides overall oversight with occasional supervision and monitoring by relevant ministries/agencies.
Project Developer Local Government: (Province + District authority)
Other line agencies at provincial & district levels: MEM, MAF, LNMA, MOH, MOES, MLSW, MICT, MPTC, LWU, Lao Youth Union [LYU], LNFC)
21
4.1 MULTI-LATERAL AGENCIES (ADB, WORLD BANK, MRC)
4.1.1 World Bank and Asian Development Bank (ADB)
Multilateral agencies, such as the World Bank and the Asian Development Bank, and bilateral agencies
continue to play a key role in the development of hydropower in the Mekong Region (Middleton, 2009).
They have previously influenced the reorientation of national policies in favor of private-sector
investment and have provided technical studies, advice, and financing to shape the region’s strategic
directions in electricity development. For example, the ADB funded the Se Kong-Se San and Nam Theun
River Basins Hydropower Development Study , which commenced in 1997 and was completed in
September 1998, and proposed at least six hydropower projects for further study (Graecen and Palettu,
2007).
With increased private-sector involvement in the hydropower sector, demand for conditionality-tied
ADB and World Bank loans has declined. As a result, the role of these institutions has changed; they
have committed to the delivery of international best practices for the region and cooperation
initiatives (Middleton et al. 2009). The World Bank and the ADB’s environmental and social policies
and their commitments to public participation have been recognized as international best practices;
however, in recent years, they have been deemed inadequate to mitigate the impacts of large dams.
Existing hydropower projects supported by the ADB and the World Bank, including the Theun-
Hinboun and Nam Song dams in Lao PDR and the Pak Mun Dam in Thailand, have failed to mitigate
the impacts of the projects and to restore people’s livelihoods. The recent Nam Theun 2 hydropower
project in Laos, supported by the World Bank and the ADB, has restored the credibility of their
environmental and social impacts assessment and management practices; however, the project’s
long-term impacts on affected communities remain to be seen.
Since 1996, the ADB has supported the government in introducing integrated water resources
management (IWRM) approaches in Lao PDR. In 2008, the ADB initiated TA-7013-Lao: Updating the
National Water Policy and Strategy, and later in 2009, AusAID co-financed a sum of USD 300,000,
making it a USD 1.3-million TA project. Funding was provided to support the newly established Water
Resource and Environment Administration (WREA), established in 2007, to better streamline
agencies and modernize the water sector in Lao PDR under the mandate of IWRM (ADB website,
30.07.2011). As a result of this TA, the Water Resource Policy Framework (National Water Resource
Policy, Strategy and Action Plan) was prepared and completed. It is now being used as a preliminary
water resource policy (ADB website, 30.07.2011) while awaiting formal approval of the government
and National Assembly, expected by the end of 2011.
The ADB has provided a USD 20-million loan to the government of Laos and a
USD 50-million loan and USD 50-million guarantee to the Nam Theun 2 Power Company (NTPC), a
French-Thai-Lao consortium that created the hydropower complex (ADB, 30.07.2011). These loans
and guarantee are based on government assurance that income from NT2 will be used to lift Lao
citizens elsewhere in the country out of poverty, largely through its existing anti-poverty platform of
public spending and reforms (ADB, 30.07.2011). The ADB also helped to monitor the displacement of
villagers in NT2, and it continues to closely monitor their livelihood restoration.
The World Bank funded the Lao Environment and Social (LEnS) Project4, the largest project currently
implemented by the Environmental Protection Fund (EPF)5. The World Bank also supports the
4 Lao Environment and Social (LEnS) Project aims at building the management and operation capacity of the
EPF for approving, funding, monitoring and evaluating sub-projects, enabling the EPF to utilize NT2 revenues
in an efficient and cost-effective manner.
22
hydropower sector through recently approved Technical Assistance for Capacity Building in the
Hydropower and Mining Sectors Project (H539-LA) (Lao PDR Development Report by WB, 2010):
“In particular, the project will finance training and continuing education for government staff as well
as support advanced formal education at the national university of Laos and selected technical
colleges to develop the next generation of hydropower engineers and other skilled sector
professionals. It will also assist the government to move away from the present opportunistic and
enclave nature of the investments to more systematic sector planning with reviewing of hydropower
economic and financial implications, updating and applying least-cost expansion planning, and
establishing integrated river basin planning practice besides addressing cumulative impacts of river
basin development. Finally, it will refine the National Policy on Environmental and Social
Sustainability of the Hydropower Sector (NPSH) in line with the new ESIA Decree and the recent
institutional restructuring as well as build capacity of MEM, for enforcement and monitoring of
compliance with the NPSH and the Compensation and Resettlement Decree.” - Lao PDR
Development Report by WB, 2010
These multilateral banks provide loans and guarantees to support projects, but offers are based on
government assurance that project income from the Project (for example NT2, where ADB provided
USD 20 M loan to GoL and USD 50 M guarantee to NTPC) will be used to lift Lao citizens elsewhere in
the country out of poverty (or other conditions depending on multilateral policy and agreement
between GoL and the banks) (ADB 2011). Multilateral organizations (e.g., ADB) also closely monitor
project implementation (particularly, the social/environmental component and its compliance) to
ensure good progress and ensure that their corporate reputation is well maintained.
These multilateral organizations have also provided grants, loans, and technical assistance to relevant
ministries/department to support policy implementation and capacity enhancement through the
Environment Protection Fund for:
i. Environmental and social monitoring and policy implementation support (provincial
WREA in Savannakhet, Khammouane, and Bolikhamxay were the recipients);
ii. Integrated river basin management (WREA, now MONRE, was the recipient);
iii. Hydropower sector policy support (MEM – DOE, now changed to DEPP, was the
recipient);
iv. Social safeguards management (resettlement policy support) (WREA (MONRE) – ESIAD
was the recipient); and
v. Environmental education awareness (the National University of Laos was the recipient).
The WB provided a grant to support the implementation of the LEnS Project (of USD 7 million) as
part of the NT2, while ADB provided an endowment fund (of USD5.8 million) (Table 4).
5 The EPF was established to be a financially and administratively autonomous organization under the Lao
laws, aiming at strengthening environmental protection, sustainable natural resources management,
biodiversity conservation and community development in the Lao PDR.
23
Table 4 Revenue of Environmental Protection Fund for 2006-2010.
Source: Report on the EPF Operation for 2006-2010, EPF 2010.
4.1.2 Mekong River Commission (MRC)
The MRC is a cooperation agreement between four member countries (Cambodia, Lao PDR,
Thailand, and Vietnam) through the 1995 Mekong Agreement on the Cooperation for Sustainable
Development of the Mekong River Basin (the 1995 Mekong Agreement). The Agreement also sets
out a framework for achieving the strategic objectives of IWRM, recognizing that development
decisions by sector agencies in the sovereign riparian countries of the Mekong River Basin may have
trans-boundary consequences and that the MRC, as an inter-governmental river basin organization,
is reliant on the endorsement of its approaches by its member countries. In addition, the MRC is fully
committed to an IWRM-based approach, in which the IWRM-based Basin Development Strategy,
approved in December 2010, will have a significant influence on the implementation of the MRC's
new strategic direction in the next five years (2011-2015) (MRC Strategic Plan 2011).
When MRC was only a Mekong Committee, which was established under the auspices of the United
Nations in 1957, known as inter-governmental agency for Coordination of Investigations of the Lower
Mekong Basin (Graecen and Palettu 2007; MRC 2011), its mission was the comprehensive
development of the water resources of the Lower Mekong Basin, including its mainstream and
tributaries (United Nations 1963; Graecen and Palettu 2007).
Before the Mekong Committee, widespread visions of large-scale hydropower development in the
region began taking root during the Cold War, shaped by US, Soviet, and Chinese planners (Graecen
and Palettu, 2007). Starting in the 1950s, American economic advisors drew up plans for substantial
regional infrastructure development in Thailand, Laos, Cambodia, and Vietnam. Seven huge
hydroelectric dams were planned, which would have carved the Mekong River into a series of
reservoirs over 2,000 kilometers long (Hirsch and Warren 1998, Graecen and Palettu 2007). During
the 1980s, most of the long-range aspects of the Mekong scheme and its key basin-wide projects
were abandoned (Hirsch and Warren 1998, Graecen and Palettu 2007). In 1994, the Mekong
Secretariat issued a study of nine proposed run-of-the-river dams for the Mekong mainstream.
However, the plans were shelved following the opposition by non-governmental organizations (Imhof
2005; Graecen and Palettu 2007).
Mainstream hydropower development is now back again after a long pause. The Government of Laos
(key national leaders), as well as key leaders in Thailand and Vietnam – working together with project
developers, international financial institutions (IFIs), bilateral organizations, and private financiers –
place high hopes on the future revenue streams generated by hydropower export from Laos to
wealthier Thailand and Vietnam. GoL's aim is to become the "Battery of Asia”, a term used by
24
Thailand's former Prime Minister Thaksin Shinawatra referring to future hydropower development
plans in Laos (Associated Press 2005, Petty 2005, Graecen and Palettu 2007).
“With escalating interest in hydropower development in the LMB, the MRC approach is to help Member
Countries understand the long‐term implications of the proposed dam construction, and balance the
benefits, impacts and risks. The strategic environmental assessment (SEA) on mainstream dam
proposals concluded in 2010 demonstrated the central role that MRC can play in this discussion by
facilitating dialogue among the major stakeholders, including Governments, civil society and the private
sector, and introducing a more holistic approach to the assessment of risks and opportunities. This role
will continue and intensify in the coming years and also involve application of sustainability assessment
tools developed recently by MRC and its partners.” - MRC Strategic Plan 2011
4.1.3 United Nations Development Program (UNDP)
Through the Poverty-Environment Initiative, UNDP aims to build the long-term capacity of the
government to integrate environmental concerns into national development plans and poverty
reduction strategies and their implementation. It also aims to improve the longer-term ability of
natural and environment resources to support livelihoods and reduce poverty, through the
environment project in Lao PDR (Evaluation of UNDP Lao PDR Environment Programme Final Draft,
UNDP Lao PDR 2009). It will achieve these aims by:
� Strengthening poverty-environment linkages in the 7th
NSEDP in a manner that places
environmental sustainability at the core of the government’s development planning
practices;
� Supporting the Investment Promotion Department and provincial authorities to manage
investments in a manner that seeks to maximize social benefits and minimize
environmental impacts;
� Supporting the WREA to strengthen Environmental Social Impact Assessment (ESIA)
processes; and
� Targeting the National Assembly to enhance its awareness of poverty-environment issues
and to strengthen the capacities of National Assembly members to actively integrate
poverty-environment considerations when reviewing policies and legislation.
4.2 BILATERAL DONORS
The list of donors in Laos is long. Japan, France, and Sweden are top three in commitments
in 2005-2007 (Table 5). Bilateral donors associated with water resources and hydropowers
include Australia, France, Sweden, Finland, Belgium, and Germany.
25
Table 5 Top donors (bilateral and multilateral) in Lao PDR over the period 2005 to
2007(commitments in current USD millions).
Source: Mc Carty and Julian 2009
AusAID's delivery strategy (DS)6 outlines its approach to implementing the AusAID Mekong Water
Resources Program. This strategy was created following the Australian Mekong Water Resources
Strategy 2007-11 (AMWRS) that forms part of the Australian Greater Mekong Sub-region Strategy
2007-2011. The AMWRS identified the Mekong River Commission (MRC), the World Bank, and Asian
Development Bank (ADB) as key partners to work with governments. Originally, the strategy did not
mention the important role of non-state actors in the political economy of water resources
development. The new Strategy has broadened its scope to also support non-state actors7.
6 AusAID Mekong Water Resources Program Delivery Strategy 2009-12, March 2009. 7 Non-state actors: science, advocacy, civil society and the private sector.
26
AusAID's contribution will address the following important issues in the Mekong (including Lao PDR):
� Capacity building: technical and social capacity building for IWRM;
� Environmental change: climate and other environmental change adaptation;
� Food security: avoiding food insecurity for vulnerable and marginalized people;
� Hydropower assessment: comprehensive assessment of options, including
alternatives;
� Transboundary engagement: more constructive water-related engagement
between all six countries of the region; and
� Corporate social responsibility: encouraging private-sector leadership and
accountability.
This DS specifically supports the Lao IWRM Support Program, working with the Water Resources
Environment Administration (WREA) and the Ministry of Energy and Mines (MEM), ADB, the World
Bank, and, likely, Finland. It was initiated through TA 7013-LAO, co-financed with the ADB.
AusAID has also supported a number of MRC programs, including:
� The Integrated Capacity Building Program (ICBP), including Phase 3 of the MRC
cooperation with the Murray Darling Basin Authority (MDBA) and New Zealand;
� The Mekong Integrated Water Resources Management (M-IWRM) Support
Program (including Phase 2 of the Lower Mekong water use negotiations), with the
World Bank; and
� The Climate Change Adaptation Initiative (CCAI), possibly with U.S. Agency for
International Development and others.
The Agence Francaise de Developpement (AFD) provided a USD 3.8 million (or 17 percent) grant, co-
financed with the ADB for the Lao: Nam Ngum River Basin Development Sector Project8 (ADB 2002).
The Swedish International Development Cooperation Agency (SIDA) is supporting environmental
management in Lao PDR through the Strengthening Environmental Management Project. The
project’s first phase (SEM 1) took place from 2001-2005 and the second phase (SEM II) from 2005-
2010. The SEM II Project is funded by SEK 64.9 million, with contributions from the Lao government
worth SEK 8.5 million of which SEK 1.5 million is in cash. The host agency for the SEM II Project is the
Department of Environment (DoE) located within the Water Resources and Environment
Administration (WREA). The agreement between WREA and Sida was signed on 9 June, 2005. The
ultimate goal is strong environmental management to support national goals of sustainable
development and poverty eradication. By ensuring that economic development is environmentally
and socially sustainable, the project is seeking to make a direct contribution to poverty reduction
(Lazarus and Slunge 2010).
The project aims to fulfill this purpose by achieving six results or outputs, which have been
prioritized by WREA after extensive stakeholder consultations, as follows (Lazarus and Slunge 2010):
� Environmental Law, Policy, and Action Strategies;
� Environmental Management and Impact Assessment and Environmental
Monitoring;
� WREA Capacity and Staff Development;
� Environmental Education and Awareness;
� Environmental Reporting and Data Dissemination; and
� Support to the provinces.
8 ADB Project Administration Memorandum, LAO: Nam Ngum River Basin Development Sector Project, 2002.
27
The government of Finland awarded USD 2.9 million to the four countries of the Lower Mekong Basin to
help develop the hydropower program of the Mekong River Commission (MRC). Part of the fund was for
training 40 young professionals at MRC over four years as part of the MRC capacity building
(HydroWorld.com 2011).
The aim of the Belgium cooperation policy in Laos is poverty reduction to contribute to the objective
of the Lao government: to graduate out of the list of Least Developed Countries by 2020. In 2002,
Belgium pledged €15 million for its direct bilateral program for the period 2002-2008. Priority
sectors for cooperation include water infrastructure. “Supplementary Capacity Building to the Lao
National Mekong Committee…the project aims at significantly enhancing LNMC staff skills for
communication, management and technical issues, including riverbank erosion control”. (Office of
the UN Resident Coordinator January 2006).
Lao-German Development Cooperation is more than 40 years old. The cooperation has concentrated
on two priority areas to raise efficiency and relevance with regard to the overall goal of poverty
reduction: 1) rural development; and 2) human resources development. Bilateral German
Development Cooperation is implemented mainly by KfW (German Bank for Reconstruction and
Development), GTZ (German Technical Cooperation), DED (German Development Service) and
InWEnt (Institute for Training and Development). Furthermore, Germany supports activities from
various non-governmental organizations (NGOs) and public-private-partnerships. It also contributes
to Lao-related programs of multilateral institutions such as MRC. (Office of the UN Resident
Coordinator 2006).
4.3 PRIVATE DEVELOPERS/SECTOR
Private-sector investment is playing an increasingly important role in hydropower development in
the Mekong Region. Following the Asian financial crisis, new political relationships have emerged in
the region. Private-sector hydropower developers from Thailand, Vietnam, China, Malaysia, and
Russia have begun to participate in plans to develop water resources in the mainstream Mekong
River and its tributary systems. In contrast to previous investment regimes of multilateral funding
agencies and western hydropower companies, which were often associated with various conditions
and environmental and social commitments, revenue-driven private sector involvement has been
well-received by the governments of the LMB countries.
Major investors in hydropower in Lao PDR include multilateral development agencies such as the
World Bank and Asian Development Bank (ADB); international companies, such as Electricite de
France (EDF), China North Industries Corporation (Norinco), Sinohydro, and Russian State Oil;
companies from neighboring countries, such as Chor Kan Chang (Thailand); and banks from other
countries, such as the Export Import Bank of China (Exim) and Thailand’s Kasikorn Bank (Poverty-
Environment Initiative) (Lao PDR Issues Brief, UNDP 2010). See Appendix 3 for the list of hydropower
development projects from 2000 to 2011, at different stages of IPP implementation processes
(feasibility studies, MOU, PDA, CA).
4.4 STATE ACTORS
In Lao PDR, the key state actors involved in determining water resources development are the
Ministry of Planning and Investment (MPI), the Ministry of Energy and Mines, and the Ministry of
Natural Resources and Environment (MONRE). While each ministry ideally has its own supporting
role, their responsibilities sometimes overlap.
The MPI, the MEM, and the MONRE all interact with private sectors at different stages of the IPP
implementation processes, as the private sector has total responsibility for getting the project
registered, conducting FSs, drafting assessments, getting the EIAs/SIAs certified, and carrying out
28
public consultations from villages to regional and national levels in accordance with relevant
legislations.
4.5 FUNCTIONAL ANALYSIS OF RELEVANT ACTORS
4.5.1 Government Agencies
Many governmental organizations are involved in water resources and livelihoods related issues.
Table 6 provides some information about the organizations, their mandate/functions and brief
analysis of their strengths and weaknesses in the areas of water resources, water valuation and
livelihoods-related issues.
29
Table 6 Government agencies related to livelihoods, water valuation and dam cascades.
Actors Mandate/function Livelihoods Water
valuation
Dam
Cascades Strengths/weaknesses
National
Assembly (NA)
Final reviewer and approval of
investment/development project.
No No No NA hotline is now available for all citizens to call in
and convey their concerns directly to the NA. This
mechanism is becoming increasingly popular as
people realize the importance of communicating
social, environmental and other concerns directly
to the members of the NA and the Government for
action.
Government
(PMO)
Review and approve the
investment/development project
Ministry of
Planning and
Investment
(MPI)
Macro-policy development. Promote and
facilitate investment processes and sign
the agreements on behalf of the
government.
No No No
Ministry of
Energy and
Mines (MEM)
Energy sector development, promotion,
implementation and monitoring.
Yes Yes Yes At the Provincial and District Levels, Provincial
Energy and Mines officer is appointed as Manager
of the Resettlement Management Unit (RMU) that
works closely with the Company to coordinate and
implement the resettlement, social and
environmental plans/activities. The department
plays a crucial role in the grievance processes. It
reports vertically to MEM, and cross-sectorally to
Governor/Vice-Governor and other ministries
through the resettlement Committee mechanisms.
MONRE/WREA
(Central)
Water resource policy development and
implementation. Review, certify and
monitor Social and Environment Impact
Assessment (SEIA).
Yes Yes No MONRE/WREA certifies the Social Impact
Assessment/Social Action Plan, but MONRE/WREA
is not a direct social development agency.
MONRE/WREA does not have full capacity to
assess and implement the Social Action Plan, nor
the Environmental Action Plan as their capacity is
still very limited. Social Impact Assessment is the
most difficult document to review, understand and
provide appropriate comments on.
30
Table 6 (Cont’d.)
Actors Mandate/function Livelihoods Water
valuation
Dam
Cascades Strengths/weaknesses
MAF
(Provincial/
district)
Local/Project level: Watershed
management (protection of forests) to
ensure supply of water resources to the
reservoir. Livelihood improvement for the
villagers living in the project areas and
those who are living in resettlement areas
by making new livelihood plans for the
area. MAF role became more viable and
involved after the NT2 experience.
Yes No No MAF's role during the IPP approval processes is limited.
During the IPP approval and implementation (at planning
stages), MAF hardly had any role, and was only involved on
need basis. MAF's role became more important as it got
more engaged in the investment project, after the
experience of NT2, mainly to work closely with the
company on the watershed management plan and
resettlement or livelihood plans for the affected
communities (both resettlers and those living within the
watershed/ reservoir areas).
Electricite
du Laos
(EDL)
State-owned enterprises (found in 1959
under MEM). Owns and operates the main
generation, transmission, and distribution
assets in Lao PDR. Acts as government's
shareholder in the case of IPP projects.
Yes No no
Lao Holding
State
enterprise
State-owned enterprises (established in
2005 for NT2, under MOF). Hold
government's 25percent share in the NT2
project, and have been designated as the
government's agent for six other hydro
projects and one non-hydro project.
No No No
Ministry of
Finance
Sets the ceiling for overall capital spending
as a way to preserve macro-fiscal stability.
No No No
RBCs Introduce the IWRM approach. Promote
cross-sectoral coordination.
No Yes Yes RBCs have full mandate for cross-sectoral coordination,
planning and implementation of IWRM. However, as
they're new, they're in the process of building their
institutional capacities and find appropriate working
model for RBM in Lao PDR. The two newly established
RBCs (Nam Ngum and NT-NKD) are still disconnected from
overall development projects in their Basin. The RBC
setup is very much top-down, with appointment of staff
from central MONRE/WREA deputed to lead them.
31
Table 6 (Cont’d.)
Actors Mandate/function Livelihoods Water valuation Dam Cascades Strengths/weaknesses
MOH
(Provincial/
district)
Local/Project level: District Heath Office (DHO) works
closely with Theun-Hinboun Power Company
Ltd(THPC). Health specialists to carry out resettler
health programs, and ensure preventive health
measures, besides monitoring and training local
health workers to fulfill the needs of the affected
communities. Provide adequate staffing for new and
refurbished health care centers.
Yes No No
MOE
(Provincial/
district)
Local/Project level: District Education Office (DEO) to
work closely with THPC education specialist to carry out
resettler education programs (e.g., teacher trainings).
Supply additional teachers when required, and upgrade
teaching staff when needed.
Yes No No
Lao Women
Union (LWU)
(Provincial/
district)
Local/Project level: Mobilizing and representing the
interests of women. Working with company's
consultation teams for women's health (maternal and
child health, sanitation and birth control) and
development projects like savings and credit groups
and literacy programs. Ensure the inclusion of women
in development initiatives. Upgrade the skill and
management capacities of the existing LWU members.
Member of village LWU can become village facilitator.
Yes No No
Youth org.
(Provincial/
district)
Local/Project level: Intermittent input in the consultation
process, youth mobilization, income generation
programs and representative health campaigns. Member
of village youth organization can become village
facilitator.
Yes No No
Lao National
Front
(Provincial/
district)
Local/Project level: Mobilization of communities for
collective work projects, and ensure that all groups,
including ethnic minorities, are involved in activities.
Training of villager leaders, monitoring and
consultation work as required.
Yes
32
Table 6 (Cont’d.)
Actors Mandate/function Livelihoods Water
valuation
Dam
Cascades Strengths/weaknesses
Min. of info.
and culture
Local/Project level: Responsible for cultural
issues, and for working with minority ethnic
groups in the project area in cooperation
with the consultation teams and minority
specialist. During the relocation, cultural
considerations, such as rituals for moving
houses, relocating spirits and cemeteries and
physical cultural resources, will need to be
taken into account. GoL responsible for
'chance finds' and archaeological studies.
Coordinates with national department of
archaeology and museums, and MIC in
Vientiane regarding important cultural issues
and items discovered before and during
construction.
Yes No No
Ministry of
communication,
post, transport
and construction
Local/Project level: intermittently involved in
the planning stages and for providing staff to
support the company's infrastructure teams
in the implementation of roads, buildings,
rural electrification, bridges, water supply
and other infrastructure projects related to
resettlement.
Yes
Governor's
office and
administrative
staff
Local/Project level: Key contact and
coordinating person at the district levels.
Participation in planning and coordination
meetings on a regular basis. Works closely
with the THPC Liaison Officer to ensure
qualified district staff are available for project
activities. Manages and tracks funds provided
by THPC for district staff and regular
reporting.
Yes No No
33
4.5.2 Administrative (Decision Making and Policy Development) Processes
The flowchart (�������! ��� ����ก���������) is based on the Theun-Hinboun Expansion Project's institutional
rrangement and on interviews with villagers and government officers at different levels: village
(resettlement/affected villages), district, provincial, and central (for further details on each levels, see
4.5.2.1 – 4.5.2.4). The flowcharts illustrate hierarchical, coordination, and functional links based on
the Theun-Hinboun Expansion Project (THXPC) project arrangement, from the village to central
levels.
The government also recently approved a new decree on developing a small village into a village
development unit and a bigger village into a small city in the rural areas (03/ກມສພມ), Vientiane, 30
May 2011. The rationale is to eradicate poverty and improve people’s livelihoods in the rural areas.
This means the village will become the fundamental unit for politics, economics, society, culture,
security and peacekeeping. This new decree will hopefully guide both public and private sectors in
engaging people at the lowest levels (or the communities) in the development process.
4.5.2.1 Village Level
In Lao PDR, village administration comprises a head of the village, deputy heads, units (with heads of
unit), an elder group, a women's group, a youth group, village militia, village police, and other groups
(depending on the condition of each village).
The village administrative structure is formally set up, approved, overseen, and monitored by district
government. However, all members (including village headmen) are non-governmental staff. In most
cases, village headmen are party members, but are not employed as government officials. Village
headmen are responsible for keeping records of individual and household activities and for all
matters happening in the village. They report directly to the district office.
Each village administration is structured as determined by the socioeconomic situation of that
village. Some villages have far more functions/entities than others, but they fundamentally comprise
an elders’ group; a women's union; a youth organization; a village police; village military; and
forestry, agriculture, education, health, transportation, and communication groups.
An informal structure, commonly known as Neo Home or elderly group, is highly respected in village
society. The group consists of elderly skilled and experienced individuals and/or well-known and
respected people whose ancestors have passed on customary laws that link the cultural, spiritual,
and traditional practices of the village and the country. This group of elders plays an important role in
many aspects of village life, particularly in grievances. Villagers first raise issues (both personal and
professional) to the elders for reconciliation; if they cannot be resolved, they are forwarded to the
village headman to process in accordance with the law. In some cases, the reverse is true, wherein
issues are raised to the village chief who directs them to the elders. In other cases, issues require a
joint effort of the village administration and the elder group, together with other mass organizations
such as the women’s union and the youth union, as appropriate.
To a large extent, these key groups participate in project-related activities, such as resettlement,
village planning and development, compensation, livelihood improvement, provision of basic needs
(shelters, utilities, food, health services, and education), and so forth as agreed in the concession
agreement.
They work with government officials at the district and provincial levels, mainly from the provincial
MEM, MAF, Water Resource and Environment Office (WREO), and land management offices, such as
34
in the case of the THPC project9. Other agencies (such as the health office, education office, women's
union, or youth organization) are engaged on an ad-hoc or activity basis.
Village Development Committees (VDCs) are established by the GoL and THPC Social and
Environmental Division consultation teams for each village. The VDC represents the range of interests
and opinions in the village and facilitates consensus decision-making at the village level.
A VDC consists of village authorities, village elders’ groups, project implementation coordinators, Lao
Women Union members, other skilled/influential members of the community, and representatives of
all ethnic groups; at least three of these members should be women. The VDC is responsible for
representing the interests and voicing the concerns of villagers in project-affected areas, conducting
public involvement consultations, coordinating mass organizations, developing village development
plans, monitoring and evaluating the resettlement process, organizing villagers for the
implementation of activities related to relocation and rehabilitation of livelihood systems, and
facilitating participation in grievance procedures.
4.5.2.2 District Level
At the district level, District Working Groups (DWG) were established for village resettlement for the
THXP Project. They comprise technical-level government officers. For example, as part of the Khamkert
District Working Group Steering Committee, the Chief of District appointed an officer from the District
Land Management Office as director, one from the District Administrative Office as deputy director, and
one from the District MEM as a chair. The Chief of District also stationed individual officers in the
affected villages to facilitate and support the THPC Social and Environmental Division (SED) team (See
�������! ��� ����ก���������).
DWGs are responsible for collaborating with the THPC project team during the planning and
implementation of resettling the affected people in accordance with the timeframe. They are also
responsible for ensuring that the relevant line agencies, such as the Governor's Office &
Administration, the District Energy and Mines (DEM), the District Forestry and Agriculture Office
(DAFO), the Labor and Social Welfare Office (LSWO), the DEO, the DHO, the District Information and
Culture Office (DICO), the WREO, the Youth Organization (YO), the LWU, the military/army, the Lao
Front for National Construction (LFNC), the police, and the DLTO are involved as required.
The government officer involved receives a salary and per diem from the company when working in
the field and participating in key meetings. Some officers are directly contracted with clear ToRs and
deliverables, and get paid directly by the Company. This level requires a great deal of manpower and
technical expertise in different areas related to livelihood improvement (farming, fisheries, forestry,
handicraft, irrigation, etc.) However, expertise in these areas is lacking, both in quantity and quality.
4.5.2.3 Provincial Level
During the IPP approval process, the central government (mainly the MPI and the MEM) is the
driving force, but at the implementation stages, local government (the provincial governor and the
9 THPC was the first IPP in the hydropower sector of the Lao People’s Democratic Republic (“Lao PDR”). THPC’s
shareholders include Electricite du Laos (EdL) 60 percent, Statkraft SF 20 percent and GMS Lao Company
Limited 20 percent. THPC’s Hydropower Plant is located in both Bolikhamxay and Khammouane Provinces
with commercial operations commencing in March 1998. THPC’s hydropower plant is a trans-basin, run-of-
river project, which generates more than 1,100 GWh per year from 210 MW of installed capacity. Pursuant
to a long-term Power Purchase Agreement with Electricity Generating Authority of Thailand (EGAT), THPC
sells at least 95 percent of its net available electricity output to EGAT, with the balance sold to EdL to meet
local power demand (THPC website, 12/10/2011).
35
chief of district) takes full ownership. Throughout the project, the resettlement committee (RC),
which is chaired by Provincial Governor or Vice Governor exclusively, guides and makes crucial
decisions unless the issues are too big for the provincial level (wherein they are directed to the
central government). This may be the effect of the Decentralization Decree No.1, which gives
provinces the power to make decisions within their administrative areas.
Other members of the RC are provincial-level Lao National Front Construction, Khamkert District Chief,
Xaychamphone District Chief and Provincial Director of Women's Union. National representation (from
PMO and WREA) is also invited. The RC oversees all GoL activities and commitments and liaises with all
relevant ministries and organizations, including the highest levels of government. It is responsible for
reviewing and approving the resettlement action plan for the THXP; providing organizational support
and direction for the RMU; liaising with GoL organizations at the national, provincial, and district levels;
ensuring compliance with GoL laws, regulations, and policies; liaising with the THXP regarding GoL
concerns and priorities; and organizing national-level consultations. The RC meets every six months to
review resettlement activities and to provide advice on the next six months to GoL agencies and THXP
organizations.
At the practical and operational level, the RMU is established with three government officers: a
manager (usually from the provincial MEM), a deputy manager, and a chair (from the land and
management office). The manager of the RMU also plays the role of secretary to the RC and is
responsible for recording decisions and recommendations at the semi-annual meetings.
The RMU is responsible for coordination of all resettlement activities and for ensuring that the
priorities of the RC are addressed; and that GoL policies, procedures, and regulations are followed in
the day-to-day management of the GoL’s involvement in implementation. It is also responsible for
organizing the GoL’s involvement in resettlement activities, such as consultations and livelihood
restoration programs; monitoring and auditing funds; ensuring that all GoL staff are involved;
ensuring prompt evaluation of land and assets for compensation; organizing provincial and district
meetings; and participating in the grievance procedure.
The RMU coordinates and works with many agencies at both provincial and district levels. Examples
include the Governor's Office & Administration, DEM, DAFO, LSWO, DEO, DHO, DICO, WREO, Youth
Organization (YO), Lao Women Union (LWU), the military/army, LFNC, and Police. This is to engage
cross-sectoral support according to resettlement work plans and budgets. Support from other
agencies is required based on the company's work plan and is often engaged on an ad-hoc basis. The
RMU and the DWG help companies coordinate with different government agencies as required and
resolve problems concerning compensation and grievances of affected people on a day-to-day basis.
4.5.2.4 Central level
The MPI, the MEM, and the MONRE/WREA are the key government agencies at the central level that
drive the IPP Project Implementation Processes (from MOU to PDA, ESIA certificate, and CA) and
consult with line ministries/departments concerned as appropriate. Consultations with ministries
concerned normally involve circulating reports/documents (related sections) to those ministries for
their sectoral policy and expert comments and endorsement. Most consultation meetings are
organized by developers (as part of the IPP Implementation Process requirements) with support from
the MEM (or the MONRE for SEIA approval processes), but it is up to the MEM/MONRE to determine
the stakeholders and meeting agenda. The government (or Prime Minister's Office) is responsible for
approving the MOU, the PDA, and the CA. Finally, projects must also be approved by the National
Assembly. Once the CA is approved and granted to the project developer, it is transferred to the
Provincial Governor and the Chief of districts to set up appropriate institutional arrangements,
providing necessary support to the project and monitoring its progress.
36
At the implementation/operation stages, the central government's roles (mainly led by the MEM and
the MONRE/WREA) are to engage periodically in key meetings and to monitor the project's
compliance based on the Concession Agreement.
The following figure shows an organization structure of vertical and horizontal linkages from national
level to the village level; linkage between related government line agencies (including a newly set up
resettlement/reallocation committee in charge of resettlement/reallocation at the provincial level)
and private developer on hydropower development and implementation. The thick arrow lines
represent the power relation between agencies, meaning the thicker the line, the more the authority
that agency has over the others.
37
Stakeholders:
Governor, Vice-Governor, Governor's office, MEM, WREO, MAF, CPTCO, LSWO, Land management Office, Health, Education,
Other Interest Groups: MRC IFIs Non-state actors Financiers
Village/Field level:
WCS, WWF, COPE, Save Children Norway, Lao Luxumbourge
Hierarchical
Coordination
Functional
Legend
Stakeholders: Chief of District , Deputy Chief of District, MEM, MAF, CPTCO, LSWO, Education Office, Health Office, Information & Culture Office, WREO, Youth organization, LWU, Military/army, LNFC, Police, land and taxation
Most stakeholder are involved on an ad-hoc basis, assigned by district chief, or as per requirement or in accordance with THPC/RMU work plan on specific
(Monitori
Deputy V. Headman Deputy V. Headman 2 (ຮອງ
National Steering Committee
Unit 1 Unit 5 Unit 15 Unit 20 Unit 10
Women's Union
Elderly Group
Military War Memorial
Association
Youth
Village Development Committees
Police
Resettlement Committee (RC) Chair: P-Governor; P-Vice-Chair: Vice Bolikhamxay/ Khammouane
Resettlement Management Unit (Manager)
Prime Minister (PM)
THPC/THXPC
Village Facilitator
Bolikhamxay & Khammouane
Government
MEM Other GOL Ministries/agencies
WREA/ESIAD
Public Relation office (VTE)
GoL Liaison Office(Na Hin)
Adm. Assistants (VTE)
Monitoring Unit (Na Hin)
Resettlement Unit
Downstream unit (Na
Social Devl. Unit (Na Hin)
Environment Unit (Na Hin)
Infrastructure section
Livelihood section
Construction section
Health
Education section
Community Development
Infrastructure Section
Livelihood section
SED Manager
(Concession Agreement)
Secretary to Party/ Village headman Nongxong Village Khamkert District
Deputy Manger, RMU, Khamkeut
Land Assets Registration and
Support staff Public
District Working Group members of
district line agencies and mass org.
Deputy Manger, RMU, Hinboun
Land Assets Registration and
Titling officer
Support staff Public
Village Development Committees
Village Facilitator
District Working Group members of
district line agencies and mass org.
Education
Land and
taxation
Forestry
Volunt Agriculture
Transport
Central
Provincial
District
Village
National Assembly Figure 3 Organizational structure: Vertical and horizontal linkages
(Source: Field survey 2011)
38
4.6 CRITICAL ANALYSIS OF LEGAL AND MINISTRATIVE SYSTEMS RELATED TO WATER
RESOURCE DEVELOPMENT AND THEIR OUTCOMES
This section provides an overview of gaps and weaknesses in the existing institutional, policy, and
legal frameworks with respect to regulating and controlling hydropower development projects and
their impacts in the Lao PDR. In most countries of the Mekong Region, sound environmental and
social safeguard policies exist, theoretically to protect environments and livelihoods from adverse
impacts of dam cascades. However, their translation into concrete action has been impeded due to a
variety of internal and external forces and constraints.
From the survey questionnaires, as well as discussions and interviews with key informants, the study
team observed that few people are aware of issues concerning water valuation and dam cascades
and, therefore, are unable to provide sufficient answers and views related to them.
Most survey respondents (11 out of 19) indicated that the main events that bring the three issue
fields (particularly livelihoods) on the policy agenda are 'government policy'; crisis events such as
floods, drought, etc (6 out of 19); growing economic importance (4 out of 19); and finally
international obligation (3 out of 19).
The main groups involved in influencing and making policies were academics and researchers,
officials and community group with equal points (6 out of 19), followed by others such as project
developers/private sector; and the government at central level. Ideas formulated based on
community needs are reported vertically from villages to district to provincial and to central
government in the form of social and economic development plans, and finally to ministers, NGOs
and advocacy groups, legislature, professional groups and public policy (equal points with 3 out of
19).
Most of people/agencies consulted indicated that their main roles are policy making (mostly marked
by provincial officer) for all the three issue fields, followed by policy implementation, and oversight.
Most roles were related to the livelihoods issue field.
The main concerns of the people consulted were livelihood issues for a number of reasons. They felt
that livelihoods would be affected by factors such as floods, river bank erosion, adaptation to new
environment (resettlement), change of livelihood practices (from traditional methods to modern
technology), limited land areas for agriculture production, and more conflicts among villagers over
resources and food production that could lead to social problems (robbery, sale/use of drugs, etc).
Some people also expressed their concern over water valuation because they believe water is a very
precious and important resource for the livelihood of poor families. They were also afraid that water
quantity will decline, and its quality will be degraded, particularly in the reservoir areas, causing
unpleasant smell from the remaining trees and lack of oxygen for fish and other species causing
them to die out. Only few people were concerned about dam cascades, but they also raised an
important question—who (if there are number of project developers in one area) will compensate,
and will compensation be the same or different. Some people also raised other concerns about
unfair compensation, lack of secondary and upper school set-up in the resettlement areas due to
small number of pupils, forcing students to go long distance to attend school, and encroachment of
the protected areas with production areas becoming scarce.
4.6.1 Organizational Capacity
The rapid growth of investor interest and the increase in scale and scope of these investments
impose high demands on the government and its agencies for improved governance with regard to
(a) a clear and functional legal and institutional framework; (b) systematic planning for optimized
39
development of natural resources; (c) adequate capacity in negotiation and oversight of
implementation; and (d) mitigation of environmental and social impacts and, eventually, revenue
management and benefits sharing. The government and its agencies are responding by issuing laws
and regulations, restructuring institutions, gradually strengthening their capacity, improving review
and approval processes, enhancing enforcement and monitoring, and increasing transparency and
public consultations. However, governance problems persist, such as the following (Lao PDR
Development Report 2010, WB 2010):
� Individual project proposals are not integrated into broader land and water management
planning;
� Hydropower development is driven by developers on an ad-hoc basis, with sequences not
following the least-cost expansion planning of the government;
� Capacity is lacking in respect to managing the concessioning process, with difficulties in
applying equal terms and conditions to all investors, resulting in great differences in
financial and social returns to government and local communities;
� Financial and human resource constraints limit enforcement of inspection procedures and
monitoring for compliance, particularly at the local level where actual projects and
compensation programs are implemented;
� Procedures for management and tracking revenue and benefit streams have not matched
the surge in tax income; and
� The principal sector agency responsible - the Ministry of Energy and Mines (MEM) - lacks
the logistical resources to adequately supervise the sector.
According to the survey questionnaire distributed, most people/agencies (mainly at the provincial
and district levels) answered that their organizational capacity is fairly strong, adequate and poor.
This implies and confirms that the organization/agencies are still weak in the areas of water
resources development and management.
According to an interview with MPI officials, government policy is appropriate and government
benefits from hydropower generation/concession income and development in project areas, which
are remote. However, policies to support implementation are still lacking; for example, tax laws lack
details and vary from project to project. Some projects even seek exemption from the NA, depending
on the condition. The MPI believes this area requires further study to enhance development policy
and to strengthen the process for greatest benefit to the government.
MONRE/WREA ESIA Department has to review (EIA, SIA, EMP, RAP) all the documents, and return
them to developers for further revision. The biggest challenge faced by ESIAD is their capacity to
review all the documents (EIA, SIA, EMP, RAP) that are prepared by experts of more than 10-20 years
of experience, and to provide constructive recommendation because most of the reviewers (ESIAD
staff) are inexperienced new graduates from local university. In particular, certification of the Social
Impact Assessment/ Social Action Plan is difficult for them, as MONRE/WREA is not a direct social
development agency to appropriately review it. To conclude, MONRE/WREA does not have full
capacity to assess and implement the Social Action Plan or the Environmental Action Plan as their
capacity is still very limited. According to ESIAD, Social Impact Assessment is the most difficult
document for them to review, understand, and comment upon.
According to the survey questionnaire, most people (mainly from provinces and districts) believe
government policies and practices are not adequate to address the livelihoods, water valuation, dam
cascades and other issues, but central government functionaries, on the contrary, believe there are
sufficient policies and laws to address these issues. The areas in which they believe the policies and
practice are inadequate are financial resources, human resources and technical
expertise/experience, administrative arrangements and legal provisions for addressing key issues.
40
Some people complained that though there are number of policies and laws, there is little
implementation or enforcement; and if livelihoods of resettlers don’t improve within two to three
years,, what will happen to them. They said the government or company should continue to support
the resettlers, or they would face problems.
The reasons for insufficient government policies and practices to address key concerns in the three
issue fields were limited financial resources to implement projects and programs, limited staff
resources to implement policies, inadequate knowledge of effective program/policy implementation
among affected communities, inadequate provisions in government policies, as well as vague and
weak institutional mandates. A few people also blamed poor coordination within government
departments, conflicts and/or poor coordination between institutions involved and poor mediums of
communication between the parties involved.
4.6.1.1 Weaknesses in institutional mandates
During the IPP Implementation Processes, the MPI and the MEM support one another but they have
different roles, particularly during peak times and in special cases. The MEM (through DEB) is able to
submit proposals and report directly to the government without going through MPI, but it does keep
MPI well informed. During implementation and operation, the MEM lacks the logistical resources to
adequately supervise the sector (Lao PDR Development Report 2010, WB 2010).
According to the EIA Decree, the MONRE/WREA ESIA Department must review and certify the social
impact assessment/social action plan and the resettlement action plan, even though the MONRE's
mandate is for management of water and environmental resources, not social development. The
government has changed the name of ESIAD to Environmental Impact Assessment Department
(EIAD), and the newly approved Decree is termed EIA Decree, not ESIA Decree as used by most
people. But the EIA Decree also contains a social component. As this requirement largely falls outside
the MONRE/WREA expertise, they lack the capacity to review and comment on the environmental
action plans and, in particular, on the social action plan due to their volume and complexity.
The newly established River Basin Committees have a mandate for full cross-sectoral coordination,
planning, and implementation of IWRM. However, being new agencies, they are in the process of
building their institutional capacities and finding appropriate working models for river basin
management in Lao PDR. The two newly established RBCs (Nam Ngum and NT-NKD) are still
disconnected from overall development in their basins. Besides, RBCs are being set up using a top-
down approach, with the central MONRE/WREA appointing staff to lead them.
Previously, WREA did not have the status of a Ministry, therefore, its roles in water resources
management and intervention was marginal compared to other Ministries. The newly-established
MONRE has much wider mandate, but it will require some time for it to become fully operational
and properly respond to mounting issues and enforce its mandates, if and when it is finally
implemented.
The MAF's role has previously been limited and it was only involved on an ad-hoc basis at central and
local levels. However, after the experience of NT2, the MAF's role has grown in importance and it has
become more engaged in investment projects, working closely with companies on the watershed
management plan and the resettlement or livelihood plans for affected communities (both resettled
people and those who remain in watershed/reservoir areas). However, it is still not the central
institution in investment projects, and only participates when invited by the MEM/MPI/MONRE or
WREA.
41
4.6.1.2 Human Resources and Capacity
In the implementation of public policy, the ability to govern depends on the human resource capacity
of government agencies – the people who participate in policy making and implementation,
including their collective memory, commitment, technical proficiency and program competence
(Land and Wolf 1990). Recognizing that since people envision, plan and execute tasks, coordinate,
manage and produce inputs and outputs in an organization, the success or failure of an institution’s
performance depends upon the people involved. Given the complexities involved in Water Storage
Infrastructure (WSI) development in the Mekong Region, it is critical that the public sector remains
capable of understanding and addressing the complex issues involved in water governance.
According to interviews with relevant agencies (all agencies) and the survey questionnaires, human
resources (of technical proficiency, experience and programmatic competencies and adequacy in
number) is the greatest concern and needs assistance in the form of support and training
opportunities, particularly at local level (villages, districts, and provinces) where implementation
takes place. It is generally recognized that Laos is still lacking in skilled, experienced, and technical
personnel in many areas, including water resources. The Resettlement Management Unit (RMU) of
THXPC has three staff members: the project manager is a senior expert from MEM who runs the unit
and the other two are more of administrative functionaries. Little expertise in the field of
water/hydropower planning and management is available within the unit. At the implementation
levels dealing with social and environmental issues, the staff members are mainly supplied by
Ministry of Agriculture and Forestry, with forestry and agriculture backgrounds.
4.6.1.3 Financial Resources
Financial resources are a critical component of program implementation. The availability of financial
resources is influenced by a number of factors, including the amount of funding, funding sources,
systems in place to manage finances, operating expenses, and corruption.
According to the questionnaire, respondents deemed government budget allocation “not adequate”
to implement policies and practices, as funding habitually goes to operating expenses such as staff
salaries and office expenses. While many people agree that local development projects are good, the
financial returns to local governments are unclear, as taxes and royalties are collected by the central
government. Yet, local governments, particularly individual government staff, benefit from
development projects, as they receive per diem or salaries for assignments from the company.
For projects in Lao PDR, investors are responsible and accountable for all public participation. They
must fund public consultations and monitoring of investment projects/activities through direct
payment to relevant agencies in order to participate. This system means relevant departments must
submit budget plans for activities related to monitoring companies' performance, as indicated in the
Investment Promotion Law, the Electricity Law, and the EIA Decree.
In general, MOF allocates the budget according to the government development priorities. The key
government agency that is directly responsible for prioritization of the Public Investment Programs
(PIPs) is the Ministry of Planning and Investment (MPI). The PIPs are prioritized, starting from each
ministry submitting its public investment activities to MPI, while MPI consolidates and prioritizes PIPs
of each ministry to achieve the national development plan, namely, the National Socio-Economic
Development Plan (NSEDP). Hence, the government implements its budget accordingly through the
MOF. According to the 7th
NSEDP (2011-2015), allocation of the government budget is heavily tilted
toward social and infrastructure and construction sectors. Each shares 35 percent of the total
investments, whereas the budget allocated for economic sector accounts for 30 percent.
42
4.6.1.4 Technological Resources
A significant factor contributing to an organization’s capacity is infrastructure, particularly in the form
of technology, such as equipment, information systems, hardware/software, and communication
systems. These infrastructures enable public agencies to perform their tasks efficiently and
effectively, and to facilitate communication, coordination and dissemination of critical information.
According to interviews with relevant agencies (all agencies) and the questionnaires distributed,
technological resources (hardware, software, internet access, and other equipment) are inadequate,
particularly at the local level (villages, districts, and provinces) where implementation takes place.
Further discussions with interviewees show that most equipment was acquired through donors or
development partners, not government expenditures. At the village level, most documents are
handwritten. Some interviewees also expressed concern over the lack of proper buildings and office
spaces for working.
4.6.2 Coordination/Conflicts between Government Departments
In the Lao government system, every communication – both vertical and horizontal – is formal and
well-documented, even if it is a request for a meeting. In order to set up a meeting with other
government departments, requests must have clear objectives and red stamps from the
departments involved. E-mail communication is considered inappropriate and informal. Yet,
respondents to the questionnaire at the provincial and district level said communication and
coordination is “fairly strong” between organizations and partners. This answer may stem from not
clearly defining “coordination” and “communication” in terms of their end results and purposes
(such as getting a piece of legislation passed, getting the project approved, etc.) rather than daily
communication such as meeting requests and other enquiries.
Often, however, it is recognized that communication and coordination between sectors and levels
are seen by many government staffs as still weak. Duplications or lack of coordination sometimes
occur. Significant delays in policy/program/project implementation are said to be a result of lack of
communication and coordination. Poor communication and coordination between government
actors has also been recognized as a significant weakness in GMS, and their improvement remains
critical for addressing the impacts of proposed development. Based on hierarchical, formalized
procedures, villagers voice their concerns through the village headman (to be officially recognized),
before these are reported to the district, and province offices as appropriate. Villagers said that this
caused delays in responding to the concerns, and kept them waiting for long time before a decision
(if any) is taken to address their concerns. For example, in the case of THXPC's resettlement issues,
where villagers raised their concerns over limited land areas for farming and other livelihood issues
(in Nongxong village), their concerns have not been easily resolved despite the existence of an
institution for grievance redressal.
In terms of effectiveness of communication and coordination across different sectors, Ministries/line
agencies in the implementation of hydropower or WSI projects, it is obvious that key Ministries have
their roles and mandates, which determine their coordination and communication with each other.
For example, at the preparation stage of hydropower development, the key Ministries take the lead
in distributing/circulating the project-related documents to be reviewed and commented upon by
relevant Ministries, and also set up meetings/workshops to disseminate the project information and
gather comments. However, according to the interview with key agencies, most of the interviewers
said that it is up to the key agencies to communicate and coordinate with relevant line ministries,
and it is up to them to consult or invite agencies concerned accordingly. This implies that there is no
standard system of communication and coordination among line agencies. However, the government
does encourage key Ministries to be more proactive and consult with all relevant Ministries as much
as possible, otherwise, any documents/proposal might not be approved and may be reverted back
for further improvement.
43
4.6.3 Non-State Actors
In addition to multilateral and bilateral funding agencies and private sector investors, various other
non-state actors play a key role in water governance, livelihoods and hydropower development
issues in the Mekong Region. These actors include academic and research institutions and networks,
non-governmental organizations, civil society groups, international development organizations, and
technical consultants. While some organizations operate on a regional scale, others are based in
individual countries and localities, and are involved in providing a range of services, from research
and technical studies to consulting to advocacy and information dissemination.
Table 7 summarizes non-state actors involved in the THPC project areas. In the wake of hydropower
projects proposed in the region, these non-state actors have stepped up their role by increasingly
becoming involved in assessing natural and human resource systems in the region, and by facilitating
collaboration between key decision-makers to realize the impacts of dams.
Table 7 Non-state actors involved in the THPC/THXPC project areas.
Actors Roles Livelihoods Water
valuation Cascades
World Wildlife
Fund
Sustainable forest
management
Takes part in
livelihood
restoration,
focusing on
rattan
development
X X
World
Conservation
Society
Protected area X X
Save Children
Norway
Education program - for
kindergarten X X
Culture
Opportunity
for People
Everywhere
Social equity X X
International
River (IR)
Dialoguing with THPC - watch
dog X X
Lao
Luxumbourge
Education program - for high
school X X
4.6.4 External Influences in Implementing National Laws and Policies
Many laws and policies related to water resources development in the Lao PDR are mostly influenced
by external agencies, particularly the multilateral and bilateral organizations. For example, national
water resource policy, strategy and action plan is developed with technical and financial assistance
from ADB and AusAID; the SEIA Decree and guidelines, as well as Resettlement Decree and
guidelines development were also supported by SIDA and UNDP; and the National policy on
environmental and social sustainability of hydropower sector in Lao PDR (NPESSHS - No.561/CPI,
STEA, 2006) was also supported by the World Bank.
4.6.5 Social Activism
In Lao PDR, there are about 46 Civil Society Organizations (CSOs) that are active in different sectors
(education, agriculture, water resource and forest conservation, environment, health, water and
44
sanitation, livelihoods, gender, food security and governance) but mainly at the local levels (focusing
on rural development). (Lao CSOs Directory 2012).
As a one-party socialist state, government criticism is rarely tolerated in Laos. Freedom of press is
limited and the influence of civil society organizations is restricted, while corruption remains high.
These circumstances significantly enhance the risks associated with hydropower development –
particularly for the hundreds of thousands of villagers poised to lose land, fisheries and other
resources as a result. Hydropower development, while generating revenue for the government and
generally proving profitable for private-sector investors, has incurred major environmental and social
costs, a legacy of damage that remains largely unaddressed.
There are no obvious cases of strident social activism in relation to hydropower development in Lao
PDR, but there is the silent unhappiness of affected villagers over inappropriate compensation and
consequences from development projects, which is being addressed by the Project developer and
local government. Other than that, the government has kept all dissent under control.
However, there are some external NGOs or social activists outside of Laos that are quite active in
trying to pressure the Mekong countries (particularly Laos) to make better and more transparent
decisions with regards to the planned hydropower projects in the Lower Mekong Basin. Examples are
as follows.
Save the Mekong Coalition brings together non-government organizations, local people, academics,
journalists, artists and ordinary people from within the Mekong countries and outside. The Coalition
urges the Mekong governments to keep it flowing freely to save this critical source of food, income and
life for present and future generations. The Coalition has:
� Collected 23,110 signatures on "Save the Mekong" petition to the Prime Ministers of Cambodia,
Laos, Thailand and Vietnam on 19 October 2009;
� Released a press release on 13 October, 2010, headlined "Save the Mekong Call: Cancel
Xayaboury Dam on Mekong River’s mainstream, Halt MRC PNPCA Process";
� According to Save the Mekong Coalition:
o On 11 November 2010, the Finnish Service Centre for Development Cooperation and
other Finnish NGOs wrote to the Finnish Minister of Foreign Trade and Development
Cooperation seeking endorsement of the MRC's Strategic Environment Assessment,
"that the MRC countries defer the decisions on the mainstream dams for at least ten
more years, in order to do more comprehensive assessments and find alternative
energy solutions".
o On 20 January 2011, Australian civil society sent a letter to Australia's Foreign
Minister Kevin Rudd, "asking the Government of Australia to help ensure that the
Xayaburi prior consultation process (PNPCA) is rigorous, open and transparent for
the people of the Mekong", as Australia is one of biggest donors to the MRC.
o On 18 March 2011, 21 international organizations and academics wrote to the
Australia's Minister of Foreign Affairs expressing their concern about the Xayaburi
Dam and the grievous failure of its PNPCA process. As the process has been funded
by the Australian Government, the signatories called on Australia and other donors
to use their leverage to call for an improved process and a delay in decision-making.
o On 23 March 2011, NGO Forum on Cambodia, along with other Cambodian
organizations, sent a letter to the Cambodian National Mekong Committee asking
them to halt the Xayaburi Dam's decision-making process for a period of ten years
due to the transboundary impacts the dam has on Cambodia.
45
o On 3 May 2011, prior to the 18th
Association of South East Asian Nations (ASEAN)
Summit in Jakarta, Indonesia, the Save the Mekong Coalition put out a statement
calling for ASEAN leaders to act immediately to cancel the Xayaburi Dam.
The above are some key examples of social activism that tries to put pressure on the government of
Laos, as well as the Lower Mekong countries to make better decisions on the planned hydropower
development for the benefit of all. However, in term of its effectiveness, it has some implications for
the need to review the hydropower process, and holds back the government a little.
IR is another non-profit organization, which is quite active in protecting rivers and rights around the
world. In Laos, they have been very critical about the operation and implementation of the Theun
Hinboun, NT2, and the preparation of the planned hydropower in the Mekong River. However, the
Lao Government and developers perceive IR as river watchdog, which is too critical of the
hydropower development in general and does not provide any constructive inputs to help improve
the situation.
4.7 ASSESSMENT OF VERTICAL AND HORIZONTAL LINKAGES OF STATE AGENCIES
There is heavy coordination among various ministeries both vertically and horizontally at different
stages of hydropower development from preparation to implementation and operation, but it is
mainly limited to key government agencies and the project developer.
During the preparation or project approval stage, most decision making is done at the central levels. The
leading agencies are MPI and MEM, Department of Electricity and Department of Energy Promotion and
Development. And the main decision maker is the Central Government (Prime Minister, Deputy Prime
Minister and Ministers), with some consultation from line agencies concerned, particularly MONRE,
(formerly WREA) for IEE and EIA approval, Ministry of Finance, Ministry of Agriculture and Forestry, and
National Land Management Authority for calculation of compensation, local administration (provinces,
districts and villages), as well as potential affected people/villages for their consensus. However,
consultation and involvement of wider public or interested stakeholders/civil society is still limited.
According to the IEE and EIA processes, government tasks the Project developer with undertaking
stakeholder consultations at all levels, with the support of and in the presence of agencies concerned.
Horizontal coordination (in this case, invitation to participate at different stages) is up to principal
Ministries (i.e., MEM, MPI and MONRE/WREA) who decide when and at which points to engage with
other relevant ministries as in this case, the roles and responsibilities of other ministries is not clearly
defined. The effectiveness and efficiency of communication between ministries and sector agencies
on the economic, social and environmental impacts and benefits of hydropower projects during their
planning and implementation is still limited due to their limited capacities, human and financial
resources. This process is guided by the relevant laws and official guidelines, and supported and
coordinated by the key agencies (e.g., MONRE/WREA and MEM) but funded and implemented by the
investors. During interviews, key government officers accepted the fact that their ministries cannot
lead, particularly the implementation process, due to the above reasons, and that is why the
government had granted the private sector the right to take a lead in determining the economic,
social and environmental impacts and benefits of a project. On the other hand, the private sectors
also found this a major constraint, but if they let the government agencies take the lead in this
process, they risk possible delays and quality deliveries of activities that could have an impact on
their reputation and funds.
46
Consultation does take place and proves to be very useful. However, results of the interviews suggest a
need for improvement in this process. Some local officials said consultation was very important,
particularly at the early stages of project development, so that at later stages, there is less resentment
by the public or affected communities toward the project developer and the government on livelihoods
issue. They wished for a better consultation mechanism. They see a project as a source of capacity
building or training ground for the governmental staff at all levels (this includes central-level
government staff).
5.0 ASSESSMENT OF FACTORS FACILITATING OR LIMITING THE EFFECTIVENESS AND
EFFICIENCY OF THESE ACTORS’ PERFORMANCE
The factors that limit the effectiveness and efficiency of an actor’s performance are as follows:
i. Although policies and regulations have been developed and cover a wide range of
issues, it is recognized that there are gaps in implementation and interpretation.
Contradictions between certain policies exist. Examples include the delineation
between large- and small-scale hydropower development (based on electricity-
generating capacity) and non-hydropower sectors (based on monetary values).
Furthermore, there is still confusion about roles and responsibilities between agencies.
Enforcement of laws and regulations for actors involved is not sufficiently strong. Some
stages of the consultation process are more like informing, rather than consulting.
Strategies and guidelines are developed in consultation with relevant line agencies, but
less with users at different levels;
ii. Shortages in human resources continue, particularly in managerial and skilled labor,
which inhibit development as set out by the government; and
iii. Salaries of government staff are low (not sufficient to support them and their families),
thus affecting performance.
6.0 SUMMARY AND SOME SUGGESTIONS FOR FURTHER FOLLOW-UP
The government of Laos is striving to become the "Battery of Asia" by developing hydropower as a
potential source of energy to export and, thereby, boost the country's economy. It hopes that by
increasing the country’s GDP, its current efforts will contribute to poverty alleviation and lift the
country from its current least-developed country status by 2020.
Theoretically, it is hoped that hydropower development would provide better lives, facilitating
improvements in housing, utilities, roads, market access, employment, income, healthcare services,
education, and, most importantly, fertile land for rice production and gardening. In practice, a lot of
effort is still required to achieve these good intentions. While the government has passed many
legislations to support the hydropower sector, implementation of these legislations varies from
project to project, case by case.
At the preparation and approval stages, most decisions are made at the central level (led by the MPI,
the MEM, and the MONRE/WREA). Once projects reach the operational stage of implementation,
most decisions in regard to social and environment components and grievance processes are made
at the local level by the Provincial Governor and District Chief.
There is heavy coordination both vertically and horizontally at different stages of hydropower
development from preparation to implementation and operation, but it is mainly limited to key
47
government agencies and the project developer. In term of effectiveness and efficiency of
coordination, it is a gradual process that government tries to improve, given that hydropower
development sector is new, and cuts across a number of sectors. In theory, provincial government is
expected to coordinate and report to ministries concerned for decisions and support from the
central government. However, based on the NT2 experience, the government or Prime Minister
realized the difficulties of this horizontal coordination and decision-making. The Government,
therefore, has given MEM, MONRE/WREA, and Provincial Governor equal power to report directly
(vertically) to the Prime Minister on urgent matters relating to hydropower development projects
across countries. This means the local government (particularly the governor), needn't go through
the Ministries for urgent decision making. In addition, between MEM and MONRE (formerly WREA),
the latter is only an administration unit as of now, and has little power as compared to MEM. It is
therefore difficult for MONRE/WREA to exercise its mandate effectively. MONRE's role is currently
being restructured after its reform, and it will take some time for this new ministry to mature and
become fully operationalized.
According to the IEE and EIA processes, government rests the responsibility (both technically and
financially) upon the Project developer to undertake stakeholder consultation at all levels, and be
accompanied or supported by concerned agencies. In most cases, consultation and involvement of
wider public or interested stakeholders/civil society in the development project is still limited.
During the implementation and operation stages, local administration (provincial, district and
villages) is the key decision-maker, implementing as well as monitoring the activities as per the
Concession Agreement. The local administration is also responsible for reporting the progress to the
central government, particularly on the resettlements of affected communities. The Central
government is responsible for periodical oversight, guidance and monitoring. However, it is the
Project developer that is responsible for the planning and implementation of all social,
environmental and livelihoods-related activities. At the provincial and district level, there are many
line agencies taking part in the project implementation/field activities. Some officers are
assigned/appointed on a long-term basis and temporarily reside in the resettlement villages, and
some are involved/participate on an ad-hoc basis based on the project work plan and requirement
agreed upon in the Concession Agreement. But long-term participation of government staff
members in the THXP also means a shortage in their offices.
Limited capacities (human resources, experts in social and environmental field, and financial
resources) of the local administration are a real challenge. Local government officials, who are field
coordinators for the project activities, coordinate with villagers on behalf of the government to
deliver the government/project policies, inform about the situation and planned activities, besides
consulting with villagers to collect information and get their feedback. For government, this is a valid
form of community participation and consultation in the project, and is commonly practiced.
However, some people interviewed said public consultation and participation could be improved to
ensure maximum benefits to both the nation and the affected communities.
Some suggestions for the improvement of water governance in the context of hydropower
development would include (i) promoting exchange of experience and lessons on governance issues,
including communication and coordination between stakeholders, aimed at increasing benefits and
reducing social, economic, and environmental cost of WSI development; (ii) promoting meaningful
consultation and participation of stakeholders, including relevant line agencies, the affected and
concerned communities, private sector, and NGOs, to reduce objections and increase support, for
achieving the stated project objectives; (iii) increase in the right training, tools and resources to
manage the projects, (iv) promoting a holistic approach for development and management, taking
into account all dimensions of development, including institutional, social, human, cultural,
48
economic, environmental, and financial aspects, to ensure sustainable development; and (v)
encouraging, supporting, and increasing the confidence of the private sector to do a good job in
supporting the economy, livelihoods improvement activities, and environmental protection.
VALIDATION WORKSHOP OUTCOME:
The validation workshop on 19 October 2012 recommended the following points for
consideration:
• Sectors/Ministries concerned should be more involved and assigned to work on and
implement the sector-specific activities for improving the livelihoods of the resettled people.
• Project developer together with responsible agencies should constantly review the
resettlement policy to ensure that the resettled people are compensated fairly and timely.
49
7.0 REFERENCES
THXP 2008. Theun-Hinboun expansion project concession agreement (Revised). Vientiane.
AusAID 2009. AusAID Mekong water resources program delivery strategy 2009-2012.
Barma, N., Fritz, V. Rex, W. 2010. Governance of natural resource management in Lao PDR:
A value chain perspective, Lao PDR Development Report 2010, the World Bank.
Bolikhamxay Province, Lao PDR. 2010. Bolikhamxay Governor decision on appointment of
provincial level Resettlement Committee (RC) and Resettlement Management Unit (RMU)
of Theun-Hinboun Expansion Project. No. 0578.
Committee for Planning and Investment 2005. National policy: Environmental and social
sustainability of the hydropower sector in Lao PDR. Vientiane.
THXP 2010. Report on the Environmental Protection Fund (EPF) operation for 2006‐2010.
Vientiane: THXP.
Fengthong, T. 2007. Draft practical guideline on health impact assessment in Lao PDR.
Vientiane: Ministry of Health.
GHD Pty Ltd. 2010. Lao PDR: Updating the national water resources policy and strategy.
ADB Technical Assistance Consultant's Mid-Term Report, ADB TA 7013-LAO, Volume 1, Main
Report. Melbourne, Australia: Government of Australia.
Government of Lao PDR and THXPC 2008. Amendment to concession agreement of Theun
Hinboun Hydropower Project of 13 October 1994.
HydroWorld.com 2011. Finland funds Mekong River hydropower program. Available at:
http://www.hydroworld.com/index/display/article-
display/3370182751/articles/hrhrw/News/Finland_funds_Mekong_River_hydropower_pro
gram.html. (Accessed on 18 December 2011).
Fraser, Julia. 2010. WB 2009. and van den Toorn 2009 with inputs from Jie Tang and William
Rex 2010. "Background Note, Hydro Power Background Summary Note and Sector
Assessment", Lao PDR Development Report 2010, WB.
Khamkhert District, Bolikhamxay Province, Lao PDR. 2011. Khamkhert Chief of District
Decision on appointment of District level District Working Group of Theun Hinboun
Expansion Project, no. 856.
Khammouane Province, Lao PDR 2009. Khammouane Governor’s decision on appointment
of provincial-level Resettlement Committee (RC) and Resettlement Management Unit
(RMU) of Theun Hinboun Expansion Project, No. 0647.
Lane, L.M. and Wolf, J.F. 1990. The human resource crisis in the public sector: Rebuilding the
capacity to govern. New York: Quorum Books.
Learning House for Development 2012. Lao CSOs directory. The Asia Foundation.
Lazarus, Kate and Slunge, Daniel 2010. Strengthening environmental management project ‐
Phase II (SEM II) Lao PDR. Evaluation Report, Unpublished report for SIDA and WREA.
50
McCarty, Adam and Alexander, Julian 2009. Themtic study. The developmental
effectiveness of untied aid: Evaluation of the implementation of the Paris Declaration and
of the 2001 DAC recommendation of untying ODA to the LDCs. Lao PDR Country Study.
Vientiane: Mekong Economics Ltd.
Mekong River Commission Secretariat 2011. Strategic plan 2011‐2015. Vientiane: MRC.
Ministry of Health 2011. National Strategy for Rural Water Supply and Sanitation.
Vientiane: MoH.
Ministry of Health 2006. National Policy on Health Impact Assessment. Vientiane: MoH.
Ministry of Industry and Handicraft, Department of Electricity 2003. Environmental
management standard for electricity projects. Vientiane: MoI.
Ministry of Planning and Investment 2011. Seventh Five‐Year Socio‐Economic Development
Plan. Vientiane, Lao PDR: MPI
National Assembly 2009. Law on Investment Promotion.
National Assembly 1999. Environmental Protection Law.
National Assembly 1998. Law on Agriculture.
National Assembly 1997. Law on Electricity.
National Assembly 1996. Law on Water and Water Resources (No. 02-96, 11.10.1996).
NORPLAN 2008. Final report, resettlement action plan, Theun‐Hinboun Expansion Project.
Norplan.
Office of the UN Resident Coordinator 2006. Lao PDR donor & development partner profile.
Vientiane.
Prime Minister's Office 2010. Decree on Establishment and Activities of River Basin
Committee. (No: 293/PM). Vientiane.
Prime Minister's Office 2010. Decree on Environmental Impact Assessment.
Prime Minister's Office 2007. On Comparative Analysis between Multilateral Environmental
Agreements and National Socio‐Economic Development in Lao PDR. Vientiane.
Prime Minister's Office 2005. Decree on the Compensation and Resettlement of the
Development Project.
Prime Minister's Office, Science Technology and Environmental Agency (STEA) 2005.
Regulations for Implementing Decree 192/PM on compensation and Resettlement of people
affected by Development Projects. Vientiane.
51
Suhardiman, A. de Silva, S. Carew-Reid, J 2011. Policy review and institutional analysis of
the hydropower sector in Lao PDR, Cambodia and Viet Nam. Mekong (MK1) project on
optimizing reservoir management for livelihoods. Vientiane: Challenge Program for Water
and Food.
Theun Hinboun Expansion Project 2010. Summary of the THXP Monitoring Report 2010.
Vientiane.
Water Resource and Environment Administration 2010. Draft National Water Resource
Policy. Vientiane.
World Bank 2010. Lao PDR Development Report 2010. Vientiane.
Online sources and electronic materials
ADB 2010. Performance Evaluation Report: Lao PDR, Environment and Social Program.
http://www.adb.org/Documents/PPERs/LAO/34543-01-LAO-PPER.pdf (accessed on 1
August 2011).
ADB 2010. Updating the national water policy and strategy. Technical Assistance
Completion Report, TA7013-LAO
http://www.adb.org/Documents/TACRs/LAO/40193-01-lao-tcr.pdf (accessed on 1 August
2011).
ADB 2002. LAO: Nam Ngum River Basin Development Sector Project. Project administration
memorandum. http://www.adb.org/Documents/PAMs/LAO/33356-LAO-PAM.pdf
(accessed on 1 August 2011).
Government of Lao PDR and UNDP Lao PDR. 2004. Coordinating the Implementation of
Multilateral Environmental Agreements in Lao PDR.
http://www.undplao.org/whatwedo/Projectdocs/MEA%20Progr%20Final%2004%20Prodoc
.pdf (accessed on 1 August 2011).
Ministry of Industry and Handicraft and ADB 2004. Final report: Capacity building for
environmental and social mitigation for NT2 and other hydropower projects in Lao PDR.
TA4213-LAO PDR. Vientiane, Lao PDR.
http://www.adb.org/documents/reports/namtheun2-consultant-reports/final-report.pdf
(accessed on 1 August 2011).
Powering Progress 2011. http://www.poweringprogress.org/ (accessed on 1 August 2011).
Powering Progress 2011. Operational and planned projects.
http://www.poweringprogress.org/index.php?option=com_content&view=article&id=272&
Itemid=2 (accessed on 1 August 2011).
Save the Mekong Coalition 2011.
http://www.savethemekong.org/main_detail.php?langss=en&cid=2 (accessed on 30 August
2012)
52
UNDP Lao PDR 2010. Poverty‐Environment Initiative (PEI) Lao PDR Issue Brief, Investments
in Hydropower.
http://www.undplao.org/whatwedo/Projectdocs/2011/PEI%20Policy%20Briefs/PEI%20brie
f%2006_2010_Hydropower_english_small.pdf (accessed on 1 August 2011).
UNDP 2011. Lao PDR ‐ National Growth and Poverty Eradication Strategy (NGPES).
http://www.undplao.org/newsroom/publication/Ngpes/Lao%20PDR%20-%20NGPES%20-
%20Main%20Document.pdf (accessed on 1 August 2011).
53
Appendix 1: Sample Survey Questionnaire
CASE ID # ___________ For Office Use Only
QUESTIONNAIRES FOR ASSESSING
POLICIES AND ADMINISTRATIVE MECHANISMS IN WATER GOVERNANCE
IN CAMBODIA, LAO PDR AND VIETNAM
Interviewer’s ID Name and No.: _______________________________
Date Interview Began: ______________________________________
Length of Interview: ________________________________________
Your participation in this project is completely voluntary. You may skip or refuse to answer any
survey question that makes you feel uncomfortable.
A. RESPONDENT’S PROFILE AND EXPERIENCE IN POLICY MAKING
1. Specify your role in the policy-making process in water resources development and water policy.
Agency:
_______________________________________________________________________________
Position:
_______________________________________________________________________________
Role:
_______________________________________________________________________________
2. Which level of administration/organization do you belong to:
Central Government Ministry or Department Provincial Government
District Government Community/Village Level
Administration
University/Research Organization NGO/Civil Society Group
International Development Organization
3. To whom do you report to?
_______________________________________________________________________________
B. POLICIES AND PRACTICES RELEVANT TO THE THREE ISSUE FIELDS
4. What have been the main events that resulted in the three issue fields (livelihoods, water
valuation and dam cascades) being on the policy agenda?
Crisis event (flood,
drought …)
Government
policy
Lobby
International
obligations
Trade partners’
pressure
Pressure from
donors
Pressure from NGOs
and international
community
Growing
economic
importance
54
5. Who are the main people and groups involved in influencing and making policies in the three
issue fields?
Ministers Legislature Officials
Networks Professional
groups
Foreign
governments
Academics and
researchers
International
organizations
Industry
NGOs and
Advocacy groups
Political parties Religious
leaders
Mass media Pubic policy Community
Group
6. What is your organization’s role within the three issue fields?
Livelihoods Water Valuation Dam Cascades
Policy Making Policy Making Policy Making
Policy
Implementation
& Oversight
Policy
Implementation &
Oversight
Policy
Implementation &
Oversight
Compliance
Monitoring
Compliance
Monitoring
Compliance
Monitoring
Research Research Research
Advocacy Advocacy Advocacy
Economic
interests/Invest
Economic
interests/Investing
Economic
interests/Investing
None None None
7. In your opinion, what are three key concerns related to the following issue fields?
Livelihoods: _______________________________________________________________________
Water Valuation: __________________________________________________________________
Dam Cascades: _____________________________________________________________________
8. Do you believe that existing government policies and practices adequately address above-
mentioned concerns?
Very effective Adequate Not adequate
Not at all
9. In what area do you believe the performance of government policies and practices are
inadequate?
Legal provisions for addressing key issues Administrative arrangements
Financial resources Human resources and technical
expertise/experience
Institution’s motivation and commitment Selection of the appropriate
strategy
Other (please specify)
___________________________________________________________________________
55
10. If government policies and practices are insufficient to address key concerns in the three issue
fields, what are the reasons?
Inadequate
provisions in
government
policies
Limited technical
resources to
implement
projects/programs
Alternate
priorities of
government
agencies involved
Vague and weak
institutional
mandates
Inadequate
knowledge of
effective
program/policy
implementation
Pressure from
external/private
sector actors
(companies,
investors and
donors)
Limited staff
resources to
implement
policies
Poor coordination
within
government
departments
Poor mediums of
communication
between parties
involved
Limited financial
resources to
implement
projects and
programs
Conflicts and/or
poor coordination
between
institutions
involved
Inadequate
knowledge of
policy/program
implementation
among affected
communities
C. ORGANIZATIONAL CAPACITY
11. How would you rate your organization’s capacity to enforce policies and/or implement activities
within the three issue fields?
Strong Fairly strong Adequate
Poor Not at all
12. Does your organization have a clearly outlined strategic planning process for setting clear
organizational goals, and for directing the efforts of staff and other stakeholders toward
achieving its objectives?
Yes, I’m involved in the process Yes, but I’m not involved in the process
No Don’t know.
13. Is there an ongoing process for scanning the environment to consider potential threats and
opportunities?
Yes No Don’t know.
14. Does all staff have an opportunity to suggest changes within your institution? Does the
institution use feedback to improve itself?
Yes No Don’t know.
56
15. Are departmental lines or divisions within groups coordinated to improve performance? Or are
departmental lines heavily guarded , serving as an impediment to collaboration?
Strong Fairly strong Adequate, but needs improvement
Poor, and impedes performance Not at all
16. How would you rate the level of communication, and flow of information between various levels
(top down and bottom up) within your institution?
Strong Coordination is limited/poor Don’t know.
17. In your opinion, are adequate budgets allocated for implementing plans and programs by your
institution?
Yes No Don’t know.
18. Are financial resources used optimally by your organization?
Yes No Don’t know.
19. In your opinion, are adequate timelines specified for implementing plans and programs by your
institution?
Yes No Don’t know.
20. Is your institution equipped with all technological resources (i.e. computers, information
systems, library, software etc.) to carry out its function?
Yes No Don’t know.
21. To what extent does your institution monitor and evaluate its programs?
Programs are monitored and evaluated regularly
Programs are monitored and evaluated periodically
Programs are not monitored at all.
Don’t know.
22. Does your institution have adequate formal and informal operational linkages with other like-
minded organizations?
Yes No Don’t know.
23. How would you assess communication and coordination between your organization and partner
organizations?
Strong Fairly strong Poor, and impedes performance of tasks
Thank you for your participation.
57
Appendix 2: Sample Survey Questionnaire in Lao language (Separated attachment)
ບດສອບຖາມບດສອບຖາມບດສອບຖາມບດສອບຖາມ
ກນໄກດານນະໂຍບາຍ ແລະ ການບ ລ ຫານຄມຄອງຊບພະຍາກອນນ າໃນ ສກນໄກດານນະໂຍບາຍ ແລະ ການບ ລ ຫານຄມຄອງຊບພະຍາກອນນ າໃນ ສກນໄກດານນະໂຍບາຍ ແລະ ການບ ລ ຫານຄມຄອງຊບພະຍາກອນນ າໃນ ສກນໄກດານນະໂຍບາຍ ແລະ ການບ ລ ຫານຄມຄອງຊບພະຍາກອນນ າໃນ ສ....ປປປປ....ປ ລາວປ ລາວປ ລາວປ ລາວ
ຊ ຜຖ ກສ າພາດ:_______________________________________
ວນທ :________________________
ການເຂາຮວມໂຄງການແລະການສອບຖາມຂອງທານແມນເປນໄປຕາມຄວາມສະໝກໃຈຂອງຜກຽວ .ທານມສ ດທ ຈະບ ຕອບຄ າຖາມໃດນ ງກໄດຖາທານຄ ດວາທານບ ສະດວກທ ຈະຕອບ.
ກກກກ. ປະຫວດແລະປະສບການໃນການສາງນະໂຍບາຍປະຫວດແລະປະສບການໃນການສາງນະໂຍບາຍປະຫວດແລະປະສບການໃນການສາງນະໂຍບາຍປະຫວດແລະປະສບການໃນການສາງນະໂຍບາຍ
1. ກະລນາລະບບດບາດ \ໜາທ ຂອງທານໃນຂະບວນການສາງນະໂຍບາຍກຽວກບການພດທະນາຊບພະຍາກອນນ◌ ◌ າ ແລະ ນະໂຍບາຍ ຂອງຊບພະຍາກອນນ າ.
ໜວຍງານ:_____________________________________________________________________
ຕາແໜງ:______________________________________________________________________
ໜາທ :_________________________________________________________________________
2. ສ ານກງານ ຫລ ອງການໃດທ ທານສງກດຢ
ສນກາງ ແຂວງ ເມ ອງ
ບານ ມະຫາວ ທະຍາໄລ\ສນວ ໄຈ ອງການທ ບ
ຂ ນກບລດຖະບານ
ອງການຈດຕງສາກນ
3. ທານລາຍງານເຖງໃຜ___________________________________________________________
ຂຂຂຂ. 3ປະເດນຫລກຂອງນະໂຍບາຍ ແລະການປະຕບດຕວຈ ງປະເດນຫລກຂອງນະໂຍບາຍ ແລະການປະຕບດຕວຈ ງປະເດນຫລກຂອງນະໂຍບາຍ ແລະການປະຕບດຕວຈ ງປະເດນຫລກຂອງນະໂຍບາຍ ແລະການປະຕບດຕວຈ ງ
4. ຍອນຫຍງ 3 ປະເດນລມນ :
a. ການດ າລງຊ ວ ດ (Livelihoods), b. ຄນຄາຂອງນ າແລະຊບພະຍາ ກອນທາມະຊາດ (Water valuation),
c. ກມເຄ ອນໃນອາງໂຕງດຽວກນ (Dam cascades)
ຈ ງຖ ກນ າເຂ າມາໃນວາລະຂອງການສາງນະໂຍບາຍການພດທະນາ ແລະການບ ລ ຫານຊບພະຍາກອນນ າ?
(ທານສາມາດເລ ອກໄດຫາຍໆຂ ອ ງຕາມປະສບການແລະຄວາມເຂາໃຈຂອງທານ)
ໄພພບດ )ນ າຖວມ ,ແຫງແລງ(
ນະໂຍບາຍຂອງລດຖະບານ
ການຂດຂວາງແບບບ ເປນທາງ ການ
ສນຍາຜກມດລະຫວາງປະ ເທດ
ການກດດນຈາກຄຄຄາຕາງຊາດ
ການກດດນຈາກກຜໃຫທ ນ
ການຂະຫຍາຍຕວທາງດານເສດຖະກດ
ການກດດນຈາກອງກອນເອກະລາດທ ບ ຂ ນກບລດຖະບານ
ສ ງອ ນໆ )ກະລນາລະບ( ____________________________________________________________
5. ບກຄນຫລ ກມຄນໃດທ ສາມາດເຂາໄປມສວນຮວມໃນການຜກດນໃນການສາງນະໂຍບາຍທກຽວຂອງກບ 3 ປະເດນຫລກທ ໄດກາວມາຂາງເທ ງນນ.
(ທານສາມາດເລ ອກໄດຫາຍໆຂ ອ ງຕາມປະສບການແລະຄວາມເຂາໃຈຂອງທານ)
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ລດຖະມນຕ ຜອອກກດໝາຍ
ພະນກງານລດ
ເຄ ອຄາຍສງຄມ ນກຊຽວ
ຊານ
ລດຖະບານຕາງຊາດ
ນກວ ຊາການ ແລະນກຄນຄວາ
ອງກອນນາໆຊາດ
ກມອດສາຫະກາ
ສ ສານມວນຊນ
ພກການເມອງ
ຜນ າທາງດານສາດສະໜາ
ຊມຊນ ນະໂຍບາຍລດ
ອງກອນອ ດສະຫລະທ ບ ຂ ນກບລດຖະບານ )NGOs(
ສ ງອ ນໆ )ກະລນາລະບ( ____________________________________________________________
6. ໃນ 3 ປະເດນດງກາວນ ອງກອນຂອງທານໄດມ ບດບາດແນວໃດ?
(ທານສາມາດເລ ອກໄດຫາຍໆຂ ອ ງຕາມປະສບການແລະຄວາມເຂາໃຈຂອງທານ)
ການດ າລງຊ ວ ດ
(Livelihoods)
ຄນຄາຂອງນ າແລະຊບພະຍາ ກອນທາ
ມະຊາດ (Water
Valuation)
ກມເຄ ອນໃນອາງໂຕງດຽວກນ (Dam cascades)
ສາງນະໂຍບາຍ
ສາງນະໂຍບາຍ
ສາງນະໂຍບາຍ
ປະຕບດ ແລະ ນ າໃຊນະໂຍບາຍ
ປະຕບດ ແລະນ າໃຊນະໂຍບາຍ
ປະຕບດ ແລະນ າໃຊນະໂຍບາຍ
ຕດຕາມການນ າໃຊນະໂຍບາຍ
ຕດຕາມການບງຄບການນ າໃຊນະໂຍບາຍ
ຕດຕາມການບງຄບການນ າໃຊນະໂຍບາຍ
ຝາຍວ ໄຈ ຝາຍວ ໄຈ ຝາຍວ ໄຈ
ຜຜກດນນະໂຍບາຍ ຜຜກດນນະໂຍບາຍ ຜຜກດນນະໂຍບາຍ ຝາຍເສດຖະກດແລະ
ການລງທ ນ ຝາຍເສດຖະກດແລະ
ການລງທ ນ ຝາຍເສດຖະກດແລະການ ລງທ ນ
ບ ແມນທງໝດ ບ ແມນທງໝດ ບ ແມນທງໝດ ສ ງອ ນໆ )ກະລນາລະບ( ____________________________________________________________
7. ທານຄ ດວາ ,ຂ ໃດໃນ 3 ຂ ນ ທ ທານໃຫຄວາມເປນຫວງຫລາຍທ ສດ? ຍອນຫຍງ?
ການດ າລງຊ ວ ດ ການດ າລງຊ ວ ດ ການດ າລງຊ ວ ດ ການດ າລງຊ ວ ດ (livelihoods):__________________________________________________________
ຄນຄາຂອງນ າ ຄນຄາຂອງນ າ ຄນຄາຂອງນ າ ຄນຄາຂອງນ າ ແລະຊບພະຍາກອນແລະຊບພະຍາກອນແລະຊບພະຍາກອນແລະຊບພະຍາກອນ (Water valuation)::::______________________________________
__________________________________________________________________________________
ກມເຄ ອນໃນອາງໂຕງກມເຄ ອນໃນອາງໂຕງກມເຄ ອນໃນອາງໂຕງກມເຄ ອນໃນອາງໂຕງ (Dam cascades)::::_________________________________________________
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8. ທານຄ ດວານະໂຍບາຍ ແລະການປະຕບດທ ຜານມາຂອງລດ ແລະ ພາກສວນທ ກຽວຂອງພຽງພກບສ ງທ ທານເປນຫວງ ແລວຫລ ຍງ?
ມ ປະສ ດຕພາບສງ ພຽງພ ບ ພຽງພ ບ ມຫຍງເລ ຍ
9. ທານຄ ດວາມຂງເຂດໃດແດທ ນະໂຍບາຍແລະການດ າເນ ນງານ ຂອງພາກສວນທ ກຽວຂອງຍງເຮດບ ທນໄດດ ເທ າທ ຄວນ:
ກດໝາຍທ ກຽວຂອງ ການຈດການບ ລ ຫານ
ງບປະມານ ຊບພະຍາກອນມະນດ ແລະ ວ ຊາການທ ມ ປະສບການ
ແຮງຈງໃຈ ແລະ ຄວາມຕງໃຈເຮດຊ ງໃດໜງເພອບນລເປ າໝາຍ ຂອງສ ານກງານ ການເລ ອກນ າໃຊຍດທະສາດ /ຍດທະວ ທ ທ ເໝາະສມ
ສ ງອ ນໆ(ກະລນາລະບ)____________________________________________________
10. ທານສາມາດບອກໄດບ ວາຍອນສາເຫດອນໃດ, ນະໂຍບາຍ ແລະ ການປະຕບດງານຂອງພາກສວນທ ກຽວຂອງຈ ງຍງ ບ ມ ຄວາມສາມາດທ ຈະແກໄຂບນຫາຫກໃນ 3 ປະເດນດງກາວນນ?
(ທານສາມາດເລ ອກໄດຫາຍໆຂ ອ ງຕາມປະສບການແລະຄວາມເຂາໃຈຂອງທານ)
ນະໂຍບາຍຂອງລດບ ຄບ
ຖວນພຽງພ
ບ ມນກວ ຊາການພຽງພທ ຈະບ ລ ຫານ / ປະຕບດໂຄງການ
ບລ ມະສ ດອ ນຂອງອງການຈດ
ຕງລດຖະບານທ ກຽວຂອງ
ໜາທ ພາລະບດບາດຂອງໜວຍ ງານບ ມ ຄວາມຈະແຈງແລະບແຂງແຮງ
ຄວາມຮຄວາມສາມາດບ ພຽງພທ ຈະປະຕບດວຽກງານຫລ ນະໂຍ ບາຍ
ຄວາມກດດນຈາກບ ລ ສດນາຍທ ນ ແລະ
ຜໃຫທ ນຊວຍເຫລ ອລາ
ບ ມ ພະນກງານພຽງພທ ຈະປະຕ
ບດງານໂຄງ ການ
ການປະສານງານລະວາງກມ ອງບ ດ ພ
ການສ ສານຫວາງພາກສວນທ
ກຽວຂອງຍງບ ດ ພ
ຂາດງບປະມານໃນການຈດຕງ ປະຕບດ
ມ ຂ ຂດແຍງແລະການປະສານງານທ ບ ດ
ລະຫວາງອງກອນຫລສ ານກງານທ ກຽວຂອງ
ຊມຊນຂາດຄວາມຮຄວາມສາມາດໃນການ
ປະຕບດນະໂຍບາຍ /ໂຄງການ
ສ ງອ ນໆ )ກະລນາລະບ( ________________________________________________________________________
ຄຄຄຄ. ຄວາມເຂມແຂງຂອງອງກອນຄວາມເຂມແຂງຂອງອງກອນຄວາມເຂມແຂງຂອງອງກອນຄວາມເຂມແຂງຂອງອງກອນ ////ສ ານກງານສ ານກງານສ ານກງານສ ານກງານ
11. ໃຫທານປະເມນຄວາມອາດສາມາດພາຍໃນອງກອນຂອງທານຕກບການບງຄບໃຊນະໂຍບາຍແລະການປະຕບດໂດຍອ ງໃສ 3 ປະເດນສ າຄນ( 1 . ການດ າລງຊ ວ ດ, 2 . ຄນຄາຂອງນ າແລະຊບພະຍາ ກອນທາມະຊາດ, 3. ກມເຄ ອນໃນອາງໂຕງດຽວກນ).
ແຂງແຮງ ຂອນຂາງແຂງແຮງ ພຽງພ
ບ ແຂງແຮງ ບ ມ ຫຍງໝດ
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12. ທານຄ ດວາອງກອນຂອງທານມຍດທະສາດການວາງແຜນໃນການສາງເປ າໝາຍຂອງອງກອນທ ຈະແຈງເພອນ າພາພະນກງານ ແລະພາກສວນກຽວຂອງຕາງໆ ໃຫບນລເປ າໝາຍນນໄດບ ?
ມ ,ແລະຂາພະເຈ າໄດເຂ າຮວມຂະບວນການ ມ ,ແຕຂາພະເຈ າບ ໄດເຂ າຮວມຂະບວນການ
ບ ມ ບ ຮ
13. ທານຄ ດວາອງກອນຂອງທານມຂະບວນການໃນການກວດສອບຫລ ທວນຄ ນບ ສ າລບການຊອກຫາໂອກາດແລະຄວາມສຽງຕກບສະພາບແວດລອມ?
ມ ບ ມ ບ ຮ
14. ພະນກງານທງໝດພາຍໃນອງກອນຂອງທານໄດມ ໂອກາດໄດແລກປຽນຂ ຄ ດເຫນນ າກນ ຫລບ ?ແລວອງກອນຂອງທານ ໄດມ ການສະທອນຄ ນຂ ມນເພອແກໄຂບນຫາໃຫຈະແຈງຂ ນບ ?
ມ ບ ມ ບ ຮ
15. ໃນແຕລະໜວຍງານຂອງທານມການປະສານງານກນຫບ ເພອການປບປງການດ າເນ ນງານ?
ຫລ ວາແຕລະໜວຍງານມ ການຄວບຄມຫາຍຈ ງເຮດໃຫການຮວມມຕາງໆບ ໄດດ . ສງ ປານກາງ ທາມະດາ ,ແຕຕອງມການປບປງ
ບ ດ ເລ ຍ ,ການປະຕບດງານ ຫຍງຍາກ ບ ມ ຫຍງເລ ຍ
16. ໃນການປະເມນລະດບການສ ສານ ແລະການເຊ ອມຕຂ ມນຂອງແຕລະຂນ )ແຕເທ ງຫາລ ◌ ມ ,ແຕລມຫາເທ◌ ງ (ໃ ນໜວຍງານ ຂອງທານເປນແນວໃດ?
ສງ ການປະສານງານມຂ ຈ າກດແລະບ ດ ເທ າທ ຄວນ ບ ຮ
17. ທານຄ ດວາການຈດສນງບປະມານເພອການປະຕບດໂຄງການ /ແຜນງານຂອງອງກອນທານ ພຽງພຫລ ບ?
ພຽງພ ບ ພຽງພ ບ ຮ
18. ທານຄ ດວາການນ າໃຊງບປະມານຂອງອງກອນຂອງທານມປະສ ດທພາບ ແລະເໝາະສມຫລ ບ ?
ແມນແລວ ບ ແມນ ບ ຮ
19. ທານຄ ດວາໄລຍະເວລາໃນການປະຕບດວຽກງານໃນໂຄງການຂອງທານພຽງພຫລ ຍງ?
ພຽງພ ບ ພຽງພ ບ ຮ
20. ອງການຂອງທານມສ ງອ ານວຍຄວາມສະດວກດານຂ ມນຂາວສານພຽງພຫລ ບ ເຊ ນ:ຄອມພວເຕ,ຫອງສະໝດ,ຊອບແວ ແລະອ ນໆ
ມ ມ ,ບ ພຽງພ ◌ ບ ມ ບ ຮ
21. ອງກອນຂອງທານມການກວດກາແລະປະເມນຜນແບບໃດ?
ເປນປະຈ າ ເປນໄລຍະ ບ ມ ເລ ຍ
ບ ຮ
22. ອງກອນຂອງທານມສາຍພວພນທ ເປນທາງການແລະບ ເປນທາງການກບອງກອນອ ດສະຫລະ ອ ນໆຫລ ບ ?
ມ ບ ມ ບ ຮ
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23. ທານສາມາດປະເມນການຮວມມ ແລະການປະສານງານລະຫວາງອງກອນຂອງທານກບອງ ກອນຜຮວມມອອມຂາງ ໄດບ ວາມຄວາມເຂມແຂງພຽງໃດ?
ເຂມແຂງ ເຂມແຂງປານກາງ ບ ເຂມແຂງເລ ຍ,ຂດຂວາງການປະຕບດງານ
24. ອງກອນຂອງທານໄດມ ສວນຮວມແນວໃດໃນແຕລະໄລຍະຂອງໂຄງການ ການສາງເຄ ອນໄຟຟານ າຕກ? ກອນສາງໂຄງການ ທາງກງ ທາງອອມ
ໄລຍະຈດຕງປະຕບດ ທາງກງ ທາງອອມ
ໄລຍະປະເມນ ທາງກງ ທາງອອມ
25. ທານຄ ດວາຂ ສະເໜຂອງທານ(ກຄ ອງກອນຂອງທານເອງ)ໄດຖ ກພຈາລະນາໂດຍໂຄງການໃນລະດບໃດ ໃນແຕ ລະວາລະການປ ກສາຫາລ
ສງ ປານກາງ ໜອຍຫາຍ ບ ມ ເລ ຍ
26. ຕາມຄວາມເຂາໃຈຂອງທານ ທານຄ ດວາຄວາມທກຍາກ ແມນຫຍງ? ສ ງທ ຈ າເປນສ າລບການດ າລງຊ ວ ດ ກຄ ເພອຫດຜອນຄວາມທກຍາກ ມ ຫຍງແດ?
____________________________________________________________________________
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27. ຕາມຄວາມເຂາໃຈຂອງທານ ທານຄ ດວາການສາງເຄ ອນໄຟຟານ າຕກຈະສາມາດຫດຜອນຄວາມທກຍາກ ແລະ ປບປງຊ ວ ດການເປນຢຂອງຜໄດຮບຜນກະທບ ແລະ ປະເທດຊາດ ໄດ ຫ ບ ໄດ ແນວໃດ?
____________________________________________________________________________
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ຖາຫາກວາມຄ າຖາມຂ ໃດບ ຈະແຈງ ,ທານສາມາດຕດຕຫາ ນ .ອາພາວນ ໄດທ ເບ :
(020-54-836-693)
ຫ
ແຟກແບບສອບຖາມທ ເສດສມບນແລວມາທ ເບ : (021-453-182) /
ອ ເມຣ: [email protected]
ຂ ຂອບໃຈຂ ຂອບໃຈຂ ຂອບໃຈຂ ຂອບໃຈ
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Appendix 3a: Power Projects in Lao PDR – Developed Before 2000
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Appendix 3b: Power Projects in Lao PDR – Operational (August 2011)
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Appendix 3c: Power Projects in Lao PDR – Under Construction (August 2011)
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Appendix 3d: Power Projects in Lao PDR – Planning Stage (PDA Stage) (August 2011)
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Appendix 3e: Power Projects in Lao PDR – Feasibility Stage (MOU Stage) (August 2011)
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