On December 1st, 2009, lawyers with EarthRights International’s Mekong Legal Advocacy Institute (MLAI) and the Cambodian Samreth Law Group submitted an in-depth legal analysis to the Mekong River Commission (MRC) regarding proposals to build up to 11 dams on the lower mainstream of the Mekong River. This marks the first time a multi-national team of lawyers has addressed the MRC on the dam plans, and promises to bring a new perspective on the proper role of lawyers and the necessity of rule-of-law to provide justice to all the people who rely on the Mekong River for their daily livelihoods.

The legal analysis covered national laws related to dam construction and operations for each of the countries on the Mekong: China, Burma, Lao, Thailand, Cambodia and Vietnam. Five important legal issues were addressed for each country: public participation, access to information, environmental impact assessment, preventing or mitigating environmental damage and land confiscation, and compensation and resettlement.

The submission noted that, in general, each country (apart from Burma) has laws that address all five issues. Unfortunately, the commitment to enforce these laws, and the resources provided for enforcement, varies as widely as the Mekong River itself. For example, Thailand includes strong provisions for each of these issues in its 2007 constitution. Although corruption and official impunity continue, Thailand’s courts are gaining traction in enforcing the Constitution and other protective laws, as happened in Map Ta Phut.

Unfortunately, other Mekong countries such as Vietnam, Lao and China continue to override national laws in favor of powerful development forces. Lawyers and activists are regularly targeted when they try to participate, and the result is a loss of livelihoods and economic opportunities for millions of local people.

Most unfortunate is Burma, where the State Peace and Development Council (SPDC) rules by diktat and many people, especially along the rivers, constantly fear forced relocation. Failure to relocate is often followed by violence, especially against women. This lawlessness was pointed out to MRC, and MLAI will strenuously work for justice for affected communities.

MRC and its members, the Governments of Lao, Thailand, Cambodia and Vietnam, are moving ahead with their plans to dam the mainstream of the Mekong River. This is in spite of known irreversible impacts to fisheries that feed people in six countries, water essential for agriculture and other life needs, and the loss of opportunities for millions of riparian villagers.

MLAI and Samreth, along with all of our lawyers and allies, have taken a first step toward ensuring that the local people are protected by the laws of their own countries. We pledge that advocacy and action will continue as long as it is needed.