10.2 DESCRIPTION AND DEFINITION OF transboundary
IMPACTS AND RESOURCES

Why is transboundary important to the MRC? / Distinguishing between transboundary resources and transboundary impacts

What does "transboundary" mean?--

The term transboundary has only recently come into use for resource development and management planning. The term refers to the movement of physical and biological resources or of impacts associated with these resources, across political boundaries. For the most part, and certainly from the perspective of the Mekong River Commission, the boundary in question refers to international borders.

Principle 2 of the Rio Declaration refers to the issues of sharing in the use and management of resources that move across international borders:

States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

This principle is further explained in Chapter 18 of Agenda 21 addresses the need for an integrated approach to the planning and management of natural resources, with a particular focus on international river basins. It also calls upon governments to cooperate in the assessment of transboundary water resources and in the establishment of water resources strategies and action programs. This in turn calls for cross border political initiatives to assess transboundary water resources issues and establish institutional mechanisms to jointly manage shared resources. Chapter 18 of Agenda 21 also addresses the importance of sharing management experiences in implementing integrated water resources development and management.

Based on Chapter 18, there is a need for riparian states to establish water-resources strategies, prepare assessments, formulate action plans, establish priorities for biodiversity conservation and water-management activities, and link those strategies and action programs with the national policies and programs of the other countries involved in order to maximize the benefits of resource development and achieve sustainable development goals.

Transboundary resource issues are playing an increasingly important role in the management of Mekong River resources and therefore in programs for the sustainable development of the water, fish and other physical or biological resources that move across the international boundaries within the Mekong River basin.

For the purpose of the River Awareness Kit, this section deals primarily with transboundary effects that occur through water since water management is the basis of the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin, signed in 1995 by four riparian countries: Cambodia, Lao PDR, Thailand and Viet Nam.

With respect to MRC's mandate and the purpose of the River Awareness Kit:

• The need to manage transboundary issues is one of the main functions of the MRC

• transboundary problems are usually caused by changes in river ecology (including river form, function and hydrology)

• Therefore, MRC staff need to have a better understanding of river ecology to help in the management of transboundary issues

While the meaning of "transboundary" is relatively clear, the term "basin-wide" is often more ambiguous. However, in most MRC contexts, the term "basin-wide" refers simply to a transboundary issue that affects all Mekong Basin countries at the same time. (Conversely, a transboundary effect occurs between a minimum of only two countries).


Why is "transboundary" important to the Mekong River Commission--
The 1995 MRC Agreement was developed within the context of the need for discussion and co-operation over the management of shared water resources in an international river basin. The Agreement frames this need within a broader context of the management of other resources dependent upon water. This is necessary to meet the objectives of sustainable use of water, by giving due attention to those resources that depend upon water (e.g., fish). Article 1 of the Agreement commits the countries to:

"Co-operate in all fields of sustainable development, utilisation, management and conservation of the water and related resources of the Mekong River Basin, including, but not limited to, irrigation, hydropower, navigation, flood control, fisheries, timber floating, recreation and tourism, in a manner to optimise the multiple-use and mutual benefits of all riparians and to minimise the harmful effects that might result from natural occurrences and man-made activities."

The Agreement is broad and allows flexibility in the interpretation of what is a relevant MRC activity, although it clearly indicates a preference for relevant joint and/or basin-wide development projects and basin programmes.

The MRCS Strategic Plan lays down what the MRCS shall do in order to achieve its objectives. The strategic plan lists criteria for prioritising projects and activities as follows:

"In order to remain quite distinct from country-based programmes or projects, while being complimentary to them, MRC initiatives should conform to the following criteria:

(1) Promote the sharing and/or joint management of resources;

(2) Be transboundary in nature;

(3) contribute to or promote regional institutions, norms and policies;

(4) foster research that cannot be adequately or effectively undertaken nationally;

(5) create or sustain networks or contacts among governmental or non-governmental organisations in different member countries."

These criteria are all related.

There is a clear reference to the transboundary requirement under Point # 2 above.

But Point # 1 (above) refers to a transboundary requirement as well:

• because only transboundary resources are shared between countries, and only these resources require joint-management.

Point # 4 (above) also implicitly refers to transboundary issues:

• because although co-operation on all forms of research is a good idea generally, only research on transboundary issues requires international co-operation

The transboundary nature of any activity or issue, therefore, is fundamental to defining its relevance under the Strategic Plan and, consequently, to the Core and Sector Programmes (Basin Development Programme, BDP; Water Utilization Programme, WUP; Environment Program, EP).

The strategic plan also notes that activities are co-ordinated by National Mekong Committees (NMCs), which work through national ministries. In addition to their national responsibilities, NMCs are implementers of basin-wide, or transboundary, programmes carried out under the MRC umbrella.

All of the MRC's core programmes aim at addressing and managing transboundary issues and promoting the sustainable development of transboundary resources. For example, the WUP, by definition, is based solely upon transboundary considerations; the Environment Programme will "focus solely on regional transboundary, basin-wide issues" (EP Objectives and Tasks 2000). The BDP aims to identify transboundary economic development activities that balance the Basin peoples' development needs with sustainable water quality, quantity and long-term environmental integrity.

"transboundary" therefore, is the area of interest that makes the MRC different to all other regional organisations and institutions dealing with natural resources management in the riparian countries.

There are numerous "transboundary" issues of importance to the MRC; however, only a few examples will be presented in this section. The purpose of this River Awareness Kit is to explain the ecological basis through which these transboundary issues arise – and thus help people to understand how transboundary effects can be managed.


Distinguishing between transboundary resources and transboundary impacts--
It is important to understand the difference between a "transboundary resource" and a "transboundary impact."

transboundary resources:

A transboundary (shared) resource is one where two or more countries actually share ownership, stewardship or exploitation of a natural resource ('asset'), the distribution and availability of which is linked between the countries.

A shared resource is one in which the activities of one country upon the resource can directly increase or decrease the quantity, quality or availability of the same resource in another country. Water is the classic transboundary resource in river basins, and the best example. In the MRC context, water resources need to be "shared" because the activities of one country can directly influence water resource availability in another (e.g., extracting water upstream reduces water availability downstream).

A shared resource and a transboundary resource are therefore the same thing (in the context of the MRC).

The following are examples of shared resources in the Mekong basin:

• The Se San and Se Prok sub-basins, which are shared between Cambodia and Viet Nam;
• The Se Kong sub-basin which is shared between Cambodia, Viet Nam and Lao PDR; and
• Nam Num sub-basin, shared between Lao PDR and Viet Nam.

Degradation of any watershed within national borders can affect water flows into the Mekong River system, possibly causing severe soil erosion, siltation, flooding and drought. Another excellent example of shared resources is fish species that migrate between two or more countries in the basin; this issue affects all 4 riparian countries.

It is equally important to understand that not all resources in the Mekong basin are shared (transboundary). Forests, for example, are not "shared" between countries, since there is a clear delineation of forest resources within the borders of individual countries. However, the environmental impacts of forestry activities, if felt in another country, are definitely a transboundary issue, but the resource itself is not a transboundary resource.

transboundary impacts:

There are many cases of environmental impacts which originate in one country, but which are also felt in another country. Again, the example of water is one of the clearest:

• For example, water extraction upstream has an impact on water availability downstream

The impacts need not be upon the actual resource itself but may be upon other resources that rely upon that resource:

• A reduction in water availability (or changes in ecological conditions) downstream may reduce the abundance of fishes downstream

A transboundary impact is not necessarily felt upon a transboundary resource.

• For example, changes in hydrological conditions caused by activities in one country may result in excessive flooding in the next country downstream, and extensive damage to homes or rice crops. This is an example of a transboundary impact – but the homes and crops affected downstream are not transboundary resources).

The distinction between transboundary resources and transboundary impacts is important, because the ecological linkages through which they are felt can be different. Identifying transboundary resources also assists people to better understand MRC's role in basin-wide resource management.