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Date:  Mon, 08 Jul 2002 13:40:25 +0900
From:  Mekong Watch Japan <info@mekongwatch.org>
Subject:  Mekong Watch CATFISH TALES Issue #1 (24 May 2002)
To:  catfish@mekongwatch.org
Message-Id:  <200207080440.g684ePNL005284@smtp14.dti.ne.jp>
X-Mail-Count: 00001

Mekong Watch CATFISH TALES
24 May 2002  Issue #1

CONTENTS

1.  Announcement: New Mekong Watch Japan E-mail newsletter
2.  Japanese Policy News:  Japan Bank for International Cooperation adopts 
new Environmental Guidelines
3.  Japanese Policy News: "Working Group for MOFA Reform"-- from the 
midterm report
4.  Public Action:  Japanese Public Opposes Japanese Ambassador's "Warning" 
to Thai Government
5.  Project Update:  Japanese Government signs E/N with Burma's junta for 
rehabilitation of hydropower plant


*************************
1.  Announcement:  NEW ENGLISH NEWSLETTER

Greetings from Mekong Watch Japan.  Until now, we have been a reliable 
source of information on Japanese official involvement in development in 
the Mekong Region.  Little did anyone expect us to start weaving fish tales.

Please rest at ease; this is not going to change.  We are starting a new 
English e-mail newsletter called "Catfish Tales," taken from the beloved 
Mekong Catfish.

Since Japanese government, corporate, and NGO involvement in development in 
the Mekong Region is significant, we are striving to improve dissemination 
of information in English.  We hope that this information will make it 
easier for you to keep updated on Japanese policy relevant to the region as 
well as the current status of specific development projects.

In principle, we would like to send this once every 2 weeks.  Should 
something urgent arise, however, we will send out information more often.

General Contents of Newsletter:

*  Information regarding specific development projects in the Mekong 
Region, especially in regard to Japanese official involvement
*  Information regarding Japanese policy relevant to the Mekong Region
*  Translation of important articles into English from the Japanese press
*  Occasional analysis or commentary
*  Interesting anecdotes


TO CONTINUE RECEIVING THIS NEWSLETTER, please send a message to us at 
Mekong Watch Japan
<mekong-w@co.xdsl.ne.jp>

In order to prevent overloading you with unwanted mail, we will not send 
this newsletter to you again unless we hear from you.  A simple response is 
sufficient, but if you have any questions, comments, or suggestions for 
this newsletter, please feel free to include those as well.

With best wishes from Mekong Watch.

*************************


2.  Japanese Policy News:  NEW JBIC ENVIRONMENTAL GUIDELINES

On 1 April 2002, the Japan Bank for International Cooperation (JBIC) 
adopted a new set of environmental guidelines.  These guidelines will come 
into effect on 1 October 2003. In the meantime, JBIC will prepare its own 
administration as well as inform recipient countries of the new 
policy.  According to a JBIC news release, JBIC hopes to be able to 
implement key elements of the guidelines by October of this year.  Such key 
elements include a new checklist, category classification, disclosure of 
the category classification, and disclosure of environmental reviews.

The official English version of the guidelines is currently being 
prepared.  Look forward to seeing them in a future issue of Catfish Tales.

MAIN POINTS to be aware of:

a.  There is an emphasis on consultation with stakeholders, including 
project affected communities, from early stages of project planning.
b.  Compared to previous guidelines, there are stronger provisions for 
information disclosure, including disclosure of EIAs.
c.  Information disclosure is supposed to be timely.
d.  Screening and environmental reviews must be conducted before final 
decisions are made on funding.
e.  Disbursement of funds can be suspended if adverse environmental/social 
impacts come to light after funding has begun (if those impacts were not 
foreseen due to failure of relevant parties to supply correct information 
during the review processes)
f.  Alternatives must be examined, including the "without project" situation.

While these guidelines are a marked improvement over previous guidelines, 
there are still areas of concern.

CONCERNS:

1.  There is no clear compliance mechanism.  In the guidelines, it states 
that JBIC will accept objections regarding non-compliance.  There is 
concern that this will not be sufficient.  Discussions for an appropriate 
compliance mechanism have now begun, however, among relevant ministries, 
JBIC and NGOs.

2.  There are many points which are mentioned in ambiguous terms regarding 
important issues such as involuntary resettlement and timing of information 
disclosure.  JBIC's response so far has been to say that these issues will 
be clarified in the form of FAQ's ("frequently asked questions") which will 
be made available on the website by October 2002.  There are concerns 
regarding the binding power of FAQ's should conflict arise over 
interpretation and/or implementation of the guidelines.

It seems that the English version of the guidelines will be the official 
version, so when it is released, we will provide more detailed 
information.  Please contact us should you have any questions.

PROCESS BEHIND NEW GUIDELINES:

The process of developing the guidelines was extraordinary considering the 
way policies are usually made in Japan.  Ministry and JBIC officials, 
academics, and NGO representatives came together to form a study group and 
drafted a proposed set of guidelines.  While study group members all 
participated in their individual capacity and not as representatives of the 
ministries or organizations they belonged to, the fact that this range of 
participation was accomplished provided much legitimacy to the resulting 
recommendations.  JBIC was able to use the recommendations from the study 
group in drafting the final guidelines.  Six public consultation forums 
were held to get public feedback, and the final draft was adopted on 1 
April 2002.

JBIC was established in 1999 as a result of a merger between the 
Export-Import Bank of Japan and the Official Economic Development Fund, and 
it is now a major implementing agency for Japan's external economic policy 
and economic cooperation.
*************************

3. Japanese Policy News:   "Working Group for MOFA Reform" Mid-Term Report

On 9 May, the "Working Group for MOFA Reform" released its midterm report 
(available in Japanese on MOFA'S website).

This Working Group was formed after Foreign Minister Yoriko Kawaguchi 
announced "10 Points for MOFA reform" in mid February this year. The 
Ministry of Foreign Affairs had just been hit with a series of scandals, 
and the reputation of the Ministry among the Japanese public was 
plunging.  As the  new Foreign Minister, it was a good time to introduce 
reform.  As part of the reform measures, a "Working Group for MOFA Reform" 
was established, with members from companies, an NGO, the media, and 
academics.  In the mid-term report of the Working Group, they have outlined 
the problem points related to each of the 10 Points announced by FM 
Kawaguchi, summarized the discussions of the points thus far, and proposed 
possible measures.

Mekong Watch is particularly interested in point number 5, "Improving 
Efficiency and Transparency of ODA."  In this discussion, the Working Group 
suggests that it is necessary to develop environmental guidelines for Grant 
Aid.

As mentioned above (Topic 2), JBIC has adopted new environmental 
guidelines.  These guidelines do not apply to grant aid, however, because 
grant aid is controlled by the Ministry of Foreign Affairs, and does not go 
through JBIC. There are no guidelines for the Foreign Ministry to follow 
which can ensure that social and environmental factors are included in 
decision making on grant aid.  Yet it has recently been brought to light 
that there are projects such as the Baluchaung No2 Hydropower Plant in 
Burma, 2KR projects (provision of unnecessary chemical fertilizers and 
pesticides), and debt relief grants which have social and environmental 
repercussions, but these considerations have not been adequately 
incorporated into the decision making regarding these projects.

Mekong Watch was actively involved in the development of JBIC's new 
environmental guidelines, and agrees with the Working Group for MOFA Reform 
that there is a need for guidelines for grant aid.  Should you have any 
information regarding Japanese grant aid projects in the Mekong region 
which have had detrimental social or environmental impacts, we would 
appreciate information.  Thank you!

*************************

4.  Public Action:  Japanese Public Opposes Japanese Ambassador's "Warning" 
to Thai Government

On 2 May 2002, a letter was sent to Japanese Ambassador in Thailand, Mr. 
Atsushi Tokinoya to protest his interventions to the Thai Government 
regarding two coal-fired power plants in Prachuab Kiri Khan Province, 
Thailand.  Japanese companies were expected to receive contracts for these 
projects and loans and trade insurance were expected from JBIC and NEXI 
(Nippon Export Investment Insurance) respectively.

These two projects have been subject to much opposition by local 
communities due to both social and environmental impacts they are expected 
to have.  Homes of opposition leaders have been shot at and bombed.  The 
Thai government began reconsidering the projects and there was speculation 
that the government might even cancel them.  It was in this context that 
the Japanese Ambassador allegedly said, "canceling the projects will 
negatively affect the investment environment of Thailand."

Japanese NGOs, POs and individuals were very upset to see the Japanese 
Ambassador intervening for Japanese business interests at the possible 
expense of the health and welfare of Thai communities.  The letter calls on 
the Ambassador to apologize for and retract his statement, and ensure the 
Thai public that such conduct will not be repeated in the future.

If you would like to see the entire letter, please contact 
<simsalam@nifty.com>.  It is rather long to paste here.  It will also be 
put up on Mekong Watch's English website when the site is functional 
(hopefully soon!).

**************************

5.  News:  Japanese Government signs E/N with Burma's junta for 
rehabilitation of hydropower plant

On 10 May 2002, the Japanese government and the military regime in Burma 
signed the Exchange of Notes (E/N) for a grant to rehabilitate the 
Baluchaung No2 Hydropower Plant located in Karenni State, Burma.  The E/N 
for the first phase of the project was for 628 million yen, and the 
entire  project is expected to reach 3-3.5 billion yen (approximately 28 
million US dollars).

According to a press release from the Japanese embassy in Rangoon, "the 
objective of the project is to rehabilitate the six generators and 
associated substation equipment and accessories essential for the operation 
of these generators".

This is, as mentioned in Topic 3, a grant aid project under the supervision 
of the Ministry of Foreign Affairs.

RE: SOCIAL AND ENVIRONMENTAL IMPACTS

Mekong Watch recognizes that simple replacement of parts may not cause 
large environmental impacts, but we are very concerned that sufficient 
studies on environmental and social impacts have not been 
conducted.  Mekong Watch conducted a survey of refugees from the area, and 
our findings, as well as reports from other NGOs indicate that the area 
around the hydropower plant is militarized and that battalions stationed 
there are responsible for various restrictions and human rights violations 
against villagers in the area.  Such problems include forced labor by the 
military, water policy that prioritizes the power plant over farmers' needs 
for water, landmines, and restrictions on villagers' movements which makes 
farming difficult or impossible.

These concerns have been expressed to the Ministry of Foreign Affairs by 
NGOs, MPs, and others, but MOFA has responded that its own surveys show 
that there are no such serious concerns in relation to this project and 
that local communities are in favor of the repairs.

Mekong Watch is concerned that the Ministry's survey of the Baluchaung 
Hydropower Plant was organized by and conducted under the observation of 
the authorities, that sufficient measures were not taken to ensure that 
interviewees could speak freely and without fear of repercussions, and that 
at least one survey was conducted not with the intention of conducting a 
social/environmental impact assessment, but simply to answer some questions 
submitted by a Member of Parliament.  The results , however, have been 
sited as if an environmental impact assessment had been conducted.

**************************
Mekong Watch Japan
2F Maruko Building
1-20-6 Higashi Ueno, Taito-ku
Tokyo 110-0015  JAPAN
Tel: +81 3 3832 5034
Fax: +81 3 3832 5039
E-mail:  info@mekongwatch.org
Web http://www.mekongwatch.org/