Chapter 1 – Report of the Policy, Law and Complaints Group
(ii)
That the communities’ right to information regarding the DSHP project and its likely
consequences was not respected.
As a National Human Rights Institution (NHRI), the Commission’s power and mandate are
limited within the boundaries of Malaysia. Therefore, the Commission is restricted from
conducting an on-site visit to verify the allegations. However, the Commission met with
MFCB on 5 February to obtain further information with regard to the said project and verify
the allegations made against it. During the meeting, the Commission was told the following:
(i)
MFCB was appointed as the owner and the project manager of the concession for
25 years. Upon expiry of the term, MFBC will hand over the dam to the Government
of Laos at no cost. As part of the agreement package, MFCB will build access roads,
bridges to the mainland, schools, supermarkets and other facilities for the communities to
improve their living conditions. In addition, MFCB had also made a pledge to contribute
USD1 million annually (throughout the period of the concession) in the form of a trust
fund as part of their CSR initiative to enhance the livelihood (in terms of education,
economic development, and welfare) of the affected communities.
(ii)
Before the project started, MFCB had conducted briefing and consultation sessions
at the district and provisional levels involving heads of villages and communities.
MFCB claimed that most villagers were in favour of the project, which is expected to
improve their livelihood and increase their income. Based on the consultation carried
out by MFCB, DSHP will affect 15 families whose relocation will be done by MFCB. In
addition, MFCB will compensate those families and payment will be made through the
Laotian Government. The relocation and compensation packages had been mutually
agreed upon and properly documented.
(iii) On consultation with the neighbouring affected countries, MFCB informed the
Commission that the Laotian Government had officially notified the Mekong River
Commission Secretariat (MRC) regarding the proposed building of DSHP on
30 September 2013. The proposal was further deliberated by members of the MRC,
including ministerial representatives from Cambodia, Laos, Thailand and Vietnam, in
January 2014. Following the ministerial meeting, the Laotian Government submitted,
on 30 June 2014, an official notice to the MRC to initiate regional consultations with
the communities living along Mekong River. The six-month period of consultations,
beginning 25 July 2014, involved a series of national consultations in Vietnam and
Cambodia and concluded with a regional consultation on 12 December 2014 in Laos
to which all stakeholders were invited.
95
BOOK-ANR2016-01-latest.indb 95
08/04/2016 3:32 PM