Select Committee on International Development First Report


APPENDIX 7

Memorandum from Peter Bosshard, Berne Declaration

  1.  The Berne Declaration (BD) is a Swiss development organisation with 16,000 members. It has promoted equitable and sustainable North-South relations for more than 30 years. The BD has advocated stricter social, environmental, human rights and good governance standards for official export credits in Switzerland since the 1970s, and on the OECD level since 1997.

  2.  We understand that the Select Committee on International Development is presently reviewing the UK's Export Credits Guarantee Department. Although the Berne Declaration is not a British organisation, we trust that its experience in working with export credit agencies and in monitoring respective projects may be of use in your considerations, especially in light of the increasing exchange of relevant information among the export credit agencies of the OECD.

  3.  In its 1996 document, "Shaping the 21st Century", the OECD's DAC stated: "We should aim for nothing less than to assure that the entire range of relevant industrialized country policies are consistent with and do not undermine development objectives." We support this commitment very much. At the same time, we are concerned that until now, the export credit agencies of the OECD countries, including the Swiss ERG and the British ECGD, often support projects which are at conflict with the social and environmental standards of their development policies, and with the human rights and good governance principles of their own foreign policies. We are equally concerned about the inconsistencies between the standards of export credit agencies and the policies of the World Bank. We find it disturbing that OECD governments are individually extending export credits and guarantees for many projects which collectively, through the World Bank, they could not support.

  4.  We take the liberty of sending you, as separate documents, reports on the Manantali hydropower project in Mali and the Ilisu hydropower project in Turkey. While ECGD has not become involved in Manantali, the British Government will soon need to take a decision on Ilisu. We believe that both cases demonstrate the negative social, environmental, financial and political impacts of projects which severely violate World Bank policies—policies which both Switzerland and the United Kingdom have supported within the World Bank.

  5.  We believe that the application of World Bank standards would be a good starting point for export credit agencies such as ECGD. This would include both substantive standards (such as the guidelines of the Pollution Prevention and Abatement Handbook) and procedural principles (such as those embodied in the World Bank policies on environmental impact assessment, NGO consultation, and involuntary resettlement). In order to avoid the discrimination of national exporters, we encourage the British Government at the same time to support the upwards harmonization of social and environmental standards within the OECD Working Party on Export Credits and Credit Guarantees.

  6.  The Berne Declaration is working closely with Turkish, British and other international partner organisations to stop the Ilisu hydropower project in Turkey. If funded and built, we believe that this project will turn into a social, political and financial disaster. Although the Swiss Government has already given preliminary approval for an Ilisu guarantee, we urge the governments of the United Kingdom, Switzerland and all other interested countries not to lend any support to this ill-fated project.

  7.  The Berne Declaration is encouraged by the British Government's commitment to a new, ethical foreign policy. We believe that the ongoing review of ECGD provides an important opportunity to put this commitment into practice.

    Thank you for your consideration of these comments.

Peter Bosshard

Berne Declaration

September 1999



ATTACHMENT 1

"An Act of Economic and Environmental Nonsense" A case study on the Manantali dam project (Mali, Mauritania, Senegal)

1.  THE PROJECT

  1.1  The Manantali project consists of the Manantali dam on the Bafing river, a tributary of the Senegal river, a 200 MW power station and a network of 1300 km of transmission lines to the capitals of Mali (Bamako), Mauritania (Nouakschott) and Senegal (Dakar). The dam is 1,460 metres long and 65 metres high. It created a reservoir with a storage capacity of 11.3 billion m3 and a surface area of 477 km2.

  1.2  In 1972, the governments of Mali, Mauritania and Senegal set up the Organisation pour la Mise en Valeur du Fleuve Senegal (OMVS) in order to promote irrigation, power generation and navigation in the Senegal valley. Under the auspices of the OMVS, construction of the Manantali dam began in 1981. The purpose was to irrigate an area of 3,750 km2, to generate hydropower, and to allow navigation between the cities of St. Louis and Kayes. At the same time, the Diama dam was built at the river delta to prevent saltwater intrusion into the lower valley.

  1.3  The Diama dam was completed in 1986, and Manantali in 1987. Although by then all funding had been eaten up, the power station had not been built, and the river was not fit for commercial navigation. Severe political and military tensions between Mauritania and Senegal, which had been fuelled not least by the impacts of the Manantali dam, paralyzed OMVS and stopped all project planning from 1989 onwards. Roger de Diesbach, a Swiss journalist who visited Manantali in 1988, described the project as a "luxury car without a motor". Carl-Dieter Spranger, then Germany's minister for development assistance, in 1993 called Manantali an "act of economic and environmental nonsense". And when Thierry Pellet of the Berne Declaration visited the project site the same year, the encountered a "Potemkin dam".

  1.4  In 1992, OMVS and donor institutions convened again and agreed to build and complete a hydropower project by 1996. Transmission lines of 1300 km were part of the project. While the original plan had called for the electrification of the Senegal valley, this goal has been all but abandoned, and the transmission lines will mainly serve the capital cities. Still, political disagreements between the riparian states and the donor institutions continued to delay project approval and implementation. Presently, the power station is expected to be completed in 2001.

2.  THE FUNDING

  2.1  Construction of the Manantali dam cost about $500 million. Funding was provided by several Arab governments, the Islamic and the African Development Banks, Italy, the French CFD, the German KfW, the Canadian CIDA and the European Union. The civil works contracts were awarded to Ed. Zublin (Germany) and Losinger (Switzerland). The Swiss Government provided an export risk guarantee of SFrs. 155 million for the civil works contract. The KfW funding—amounting to 18 per cent of the total—was covered by a Hermes guarantee. No information about the involvement of other export credit agencies is available. Notably, the World Bank declined to support the Manantali dam, which it did not consider a reasonable investment, and stopped all funding to OMVS in 1979. USAID also declined to support the construction of the dam, but provided financial and technical assistance for environmental assessments and resettlement.

  2.2  Since the power station was not constructed, the Manantali dam was completed in 1988 without creating any revenues. The European Governments, which had contributed 40 per cent of the project costs, were forced to cancel their outstanding loans. The costs of the new power project are budgeted to be $433 million. At first, OMVS unsuccessfully attempted to attract private investors to fund the project. After a period of considerable tension and debate, a new consortium of official funders was put together. The French CFD will contribute $95 million; the German KfW, $66 million; the European Investment Bank and the European Community, $46 and $37 million respectively; the World Bank, $39 million; the Arab Fund for Economic and Social Development, $29 million; Canada's CIDA, $27 million; the African Development Bank, $26 million; the Islamic Development Bank, $21 million; the West African Development Bank, $20 million; and the Nordic Development Fund, $8 million. The project was approved by the World Bank's Executive Board in June 1997 (with the U.S. and the Swiss Executive Directors abstaining). The Executive Board of the African Development Bank was supposed to approve the project in February 1998, but (in December 1998) has still not done so. Norway had planned to contribute to the project, but withdrew its support in protest over the health impacts.

  2.3  The civil works contracts, which are predominantly funded by multilateral donors, were awarded to the Spanish company Cubiertas based on public tendering. The electro-mechanical works are being funded by France, Germany, and Canada. The contract was awarded to a consortium consisting of the Swiss(-Swedish) companies ABB and Sulzer, and the French Norelec. Matching the sources of (tied) funding, construction will take place in Germany, France, and Canada.

  2.4  Incidentally, Mauritania's OMVS high commissioner Baba Ould Sisi Abdallah was arrested in Nouakchott in January 1998. The specialised French newsletter, "Lettre du Continent", reported that the arrest had been motivated "undoubtedly due to diversions of funds".

3.  SOCIAL AND ENVIRONMENTAL IMPACTS

  3.1  The Manantali dam and the hydropower project have severe impacts on the regional ecology, on agricultural production, fisheries, and public health.

  3.2  *Deforestation: In the arid Sahel zone, forest is an invaluable resource. The Manantali reservoir destroyed 120 km2 of forest. The depletion of groundwater aquifers, which is caused by the suppression of the seasonal flood cycle, is damaging the forests downstream of the dam. According to the African Development Bank, the power station will further disrupt the forest habitats around the reservoir due to fluctuations of the water level.

  3.3  * Resettlement: The reservoir caused the involuntary resettlement of 12,000 people. While the affected communities were allowed to select the resettlement sites themselves, many families did not receive sufficient agricultural land and grazing grounds.

  3.4  * Agricultural production: At $25,000-40,000 per hectare, the construction of irrigation networks fed by the Manantali reservoir proved to be more expensive than originally planned. Instead of 375,000 hectares, only about 100,000 hectares have been brought under irrigation so far, with only about 2,000 hectares being added per year. The peasant families who had lived in the Senegal valley for many decades could often not afford the inputs needed for irrigation farming. In the lower valley, they were sometimes forced into sharecropping arrangements with prosperous outsiders. With irrigation, the traditional sorghum crop was replaced by rice. Even for the richer farmers, however, irrigation proved to be more cumbersome and less productive than the project planners had expected. Since there is no electric power, expensive diesel for running the pumps (as well as seeds, pesticides etc.) must be purchased. Once Senegal (where most of the irrigated land is situated) had to undergo structural adjustment in 1986, the Government could no longer afford to subsidize inputs or credits. The harvest from the Senegal valley cannot compete with rice imported at world market prices. The writer Adrian Adams reports that rice-growing farmers have to sell off assets such as cattle, go into debt, and in many cases give up agriculture altogether.

  3.5  The Manantali dam has not just affected local patterns of agriculture, but has led to violet conflict at a regional level as well. When the dam project opened new prospects of commercial agriculture, land legislation in Mauritania was rewritten in order to abrogate the land rights of the black peasants who had lived along the Mauritanian riverbank for generations. In 1989, the killing of Senegalese farmers by Mauritanians triggered an ethnic explosion in Senegal. Hundreds of people were killed and 10,000s of Mauritanian shop-owners were deported. At the same time, members of the white Moor elite of Mauritania seized the land of the black peasants in the river valley, and expelled 70,000 of them to Senegal. The military of the two countries engaged in armed skirmishes, and nearly went to war over the conflict.

  3.6  While irrigation turned out not to be competitive, the impact of the Manantali dam on traditional agriculture was equally serious. For many centuries, the annual flood of the Senegal river has been the basis of flood recession agriculture, fishing, and cattle grazing. Sorghum is still the staple food for over 100,000 families in the floodplains. With the Manantali dam, the annual flood has been reduced to an artificial two-week flood. The new hydropower plant will compete with the artificial floods for agriculture, and will reduce the flooded area by another 20,000 hectares (according to the World Bank).

  3.7  Traditionally, the Senegal river inundated about 150,000 hectares on average, and up to 350,000 hectares in high-flow years. The World Bank claims that after hydropower construction, floods will still allow farming on an area of at least 50,000 hectares, except in very dry years. There is reason to doubt this statement: Critics argue that the Bank's forecast is based on hydrological data which is outdated and does not reflect the reduced rainfall pattern since the 1970s. On the basis of the flows prevailing since the 1970s, the average flood would only extend to 30,000 hectares, and there would not be enough water for any flood every third year. The Bank's Staff Appraisal Report admits that "considerable uncertainty prevails" regarding these data. The funders forced OMVS to outsource the management of the power station to a private company, which will be remunerated based on the amount of power produced. Any private investor will have an interest to "divert" as little water as possible for agricultural purposes.

  3.8  *Groundwater and fishing: The Senegal river used to provide nutrients to the coastal fisheries. Its annual floods used to recharge the groundwater table of the downstream areas, and supported extensive fish habitats. The Manantali dam affected these vital functions, and reduced fishing significantly. Even fishing families are reported to eat imported fish now. The hydropower project will further impair fisheries in the floodplain and the coastal sea.

  3.9  *Health and nutrition: The Manantali and Diama reservoirs have infested the Senegal valley with water-borne diseases, especially with schistosomiasis and malaria. According to USAID experts, such "health risks have increased, in some cases dramatically". Certain villages near the reservoir and in the valley report a prevalence of schisostomiasis of close to 100 per cent. The new World Bank project includes a public health component. Unfortunately, this covers only a small area surrounding the dam site, and is based on an outdated, narrow repair approach. In 1994, the Panel of Experts on Environmental Management for Vector Control sponsored by WHO and other international organizations had started to devise an integrated strategy to combat waterborne diseases in the Senegal valley. This integrated approach was disregarded completely by the Bank project. As was mentioned earlier, Norway withdrew its announced support for the project in 1997 because of the unresolved health problems.

  3.10  The switch from local grain to rice production and the reduction of fish consumption also have negative impacts on the diet of the local population. A study financed by USAID in 1994 confirms this. According to the study, villagers interviewed in Senegal and Mauritania "clearly state that their health has deteriorated in the past few years because of the deterioration in their diet. They are convinced that before the construction of the dams, when they produced traditional food recession crops (. . .) their diet was more varied and hence more healthy. They insist that it is because of their present diet, made up primarily of rice, that they are weaker and have more health problems than before." Rice consumption is not only a consequence of the new dam, but also seems to have become a cultural preference in the Senegal valley.

  3.11  * Conclusion: On 26 September 1997, 250 farmers from the Senegal valley attended a public meeting in Ndioum. The gathering ended in a public outcry. Speaking for many other farmers, Thierno Oumar Sow said that the Manantali dam had caused "poverty, famine, and indebtedness". The official Appraisal Report of the African Development Bank on the new hydropower project supports this bleak assessment. According to the report, "the absence of or the low flood level induced by the retention of the Bafing waters by the dam (nearly 60 per cent of the river flow), seriously disturbed the basin's ecosystems and disorganized its traditional economic activities, as a result of which the region became the poorest in all three countries. The appearance and increase of social disparities and malnutrition led to the massive exodus of labour force from the basin" (an exodus which, one should add, started well before the construction of the dam).

4.  NGO PARTICIPATION AND CONCERNS

  4.1  Affected people and NGOs have so far had hardly any chance to participate in the planning or implementation of the Manantali project. USAID initially planned to involve the dam-affected people in the construction of the resettlement sites. When progress proved to be too slow, this approach was abandoned. As it is often the case with dam projects, the inhabitants of the downstream area were not consulted or informed about project implementation. In 1996 e.g. the project authorities emptied the reservoir in order to evaluate the state of the dam. The floodplain farmers profited from an extraordinary flood. Hoping that the miracle would occur again the following year, many sowed an extra amount of sorghum instead of rice. Nobody had informed them about the reason of the flood, or the fact that this was an isolated event.

  4.2  The World Bank's Staff Appraisal Report claims that public meetings were held in 16 villages when the environmental assessment of the hydropower project was prepared. Adrian Adams, who has lived and worked with the peasants of the Senegal valley for 20 years, is not aware of any such consultations. She estimates that "some sort of token consultation with carefully chosen participants" might have taken place. An international study of the effectiveness of environmental assessment found in 1997 that "the main weakness of [Manantali's assessment] is on the side of the identification of social impacts and their importance", especially regarding the artificial floods which were "a great concern for local communities". The Bank's Staff Appraisal Report does not create confidence in the sincerity of the Bank's efforts. Under "poverty category", its project summary boldly claims that the project will "improve the artificial flood regime that is vital for poor farmers practicing traditional agriculture". Over 58 pages, the body of the report does not mention that the "vital" artificial floods will actually decrease under the project. This information is only revealed in the annex. In comparison, the project report of the African Development Project is much less disingenuous (see above).

  4.3  Downstream farmers affected by the dam have come together to create a union called "Mouvement des Acteurs de la Vallee" (MAV). Their demands are:

    —  the re-establishment of regular floods favouring agriculture, herding and fishing,

    —  the reorganization of irrigated agriculture to be more accessible to more farmers,

    —  the establishment of adequate health regulations to address pollution and diseases caused by the dam,

    —  and the participation of the local people in all future decisions which affect them.

  4.4  Adrian Adams suggests that after many failures, "the work should now be taken up where it should have started in the first place": it should, in discussion and co-operation with the farmers themselves, strengthen the family-based agriculture—"the only possible basis of a prosperity which does not exclude anybody".

5.  CONCLUSION

  5.1  The Peasant Association of the Senegal River Valley stated in a declaration of April 1992: "Those who remain in the villages, in spite of their work, harvest very little, sometimes nothing. The fish have disappeared. Our livestock die. The trees die. The land is becoming exhausted. (...) The development of the river is condemning us to a life without hope." A year later, Carl-Dieter Spranger, the German minister for development assistance, called Manantali an "act of economic and environmental nonsense". As the African Development Bank pointed out, "social disparities and malnutrition" have appeared or increased among the affected people, and the rich Senegal valley has become "the poorest [area] in all three countries".

  5.2  The tragedy of the Manantali project did not come as a surprise. Independent observers predicted many of the negative impacts which have materialized in the meantime. The World Bank consciously declined to get involved in the funding of the dam, and temporarily stopped funding OMVS in 1979 as a consequence of the ill-conceived project. Eugene Brantly and Karen Ramsey, environmental health experts of USAID, conclude that "the financing consortium could have required changes in the project's design but did not", because the funders "were eager to participate in the project".

  5.3  At least two lessons regarding financial institutions can be learnt from the experience of the Manantali dam:

  5.4  Financial institutions who have a vested interest in a project—to ensure export opportunities, or to support a particular government—tend to rely on wishful thinking rather than on thorough analysis regarding the positive and negative impacts of projects. In order to balance such vested interests, the accountability of financial institutions vis-a"-vis affected people, interested NGOs and the public at large must be improved.

  5.5  Export credit agencies, sources of tied aid and even multilateral development banks compete with each other in order to secure export contracts or to influence the development programs of borrowing countries. This competition tends to result in a social and environmental race to the bottom. In order to avoid such unproductive competition, financial institutions should create common, upwardly harmonized social and environmental standards.

  5.6  The new Manantali hydropower projects indicates that financial institutions, including the World Bank, have not yet internalized the negative lessons of past experience.

LITERATURE

  African Development Fund, Appraisal Report, Manantali Project, Multinational, Mali-Mauritania-Senegal, September 1997.

  Africa Energy & Mining [various issues].

  Brantly Eugene P., Karen E. Ramsey, Damming the Senegal River, in: World Resources Institute, World Resources 1998-99, pp. 108-114.

  Homer-Dixon Thomas F., Environmental Scarcities and Violent Conflict: Evidence from Cases, Part 1, in: International Security, Vol. 19, No. 1 (Summer 1994), pp. 5-40.

  International Study on the Effectiveness of Environmental Assessment, Manantali Energy Project EA (MEP), Regional Hydropower Development Project, Senegal [1997].

  La Lettre du Continent [various issues].

  McCully Patrick, Silenced Rivers, The Ecology and Politics of Large Dams, London 1996.

  The World Bank, OMVS—Manantali Energy Project, Discussion Paper [1991].

  The World Bank, Staff Appraisal Report, Regional Hydropower Development Project (Mali-Mauritania-Senegal), 2 June 1997.

Peter Bosshard
Berne Declaration

March 1999



ATTACHMENT 2

A Test Case of International Policy Coherence: A Case Study of the Ilisu Hydropower Project (Turkey)

1.  THE PROJECT

  1.1  Located at the Tigris river 65 km upstream of the Syrian and Iraqi border, Ilisu is currently the largest hydropower project of Turkey. A rockfill dam with a length of 1,820 metres and a height of 135 metres will create a reservoir with a maximum volume of 10.4 billion m3 and a surface area of 313 km2. The Ilisu power station will have a capacity of 1,200 MW, and is expected to produce 3,800 GWh of power per year. The costs are estimated to be $1.52 billion (not including the financing costs). Construction is supposed to start in mid-1999, the production of power, in mid-2006.

  1.2  Ilisu is part of the South-East Anatolio Project (GAP), a giant hydropower and irrigation scheme on the Euphrates and Tigris rivers in the Kurdish part of Turkey. Once the GAP is completed, its reservoirs are supposed to produce 27,300 GWh of power per year, and irrigate a land area of 17,600 km2. The GAP's total price tag is supposed to be $32 billion.

2.  CONTRACTORS AND CREDITORS

  2.1  In 1996, the Turkish Government tendered Ilisu as a Build-Operate-Transfer scheme. When it failed to identify a bidder, the Government awarded the contract to a Swiss consortium consisting of Sulzer Hydro and ABB Power Generation without further tendering. The construction part was subcontracted to an international consortium made up, among others, of Balfour Beatty (UK), Impregilo (Italy), Skanska (Sweden), and the Turkish companies, Nurol, Kiska, and Tekfen.

  2.2  The finance package for Ilisu will be arranged by the Union Bank of Switzerland (UBS). The World Bank declined to fund GAP projects in 1984, and will not become involved in Ilisu. External financing therefore depends on coverage by official export credits or guarantees. In summer 1998, the Ilisu contractors submitted applications for coverage to the export credit agencies (ECAs) of Austria, Germany, Italy, Japan, Portugal, Sweden, Switzerland, the UK, and the U.S. Several ECAs have in the meantime decided to support the project (cf. chapter 9).

3.  THE POLITICAL PROBLEMS OF ILISU

  3.1  Water is considered a major cause of international conflicts in the 21st century. The claims of Turkey, Syria and Iraq on the water of the Euphrates and Tigris exceed the capacities of the two rivers by 55 and 12 per cent respectively. While the dams on the Euphrates, used primarily for irrigation, reduce the average annual water flow by almost 50 per cent, the Tigris projects, primarily used for power production, will reduce water flows by 10 per cent. Turkey has so far refused to negotiate a peaceful compromise regarding the management of the rivers. It rather relies on its position of power on the upstream part of the river to pressurize and blackmail the other riparian countries. For many years, Syria supported the Kurdish PKK guerilla as a pawn against this threat. The recent crisis between Turkey and Syria can only be understood in the context of the conflict over water. In August 1998, the Iraqi Government in turn threatened to bring the water issue to an international tribunal if Turkey proceeded with its present water and dam-building policies.

  3.2  In May 1997, the UN General Assembly approved the Convention on the Non-Navigational Uses of Transboundary Waterways with a vote of 103 : 3 (with 27 abstentions). The Convention attempts to prevent significant negative impacts of projects on international waterways on other riparian countries. Apart from China and Burundi, Turkey was the only country which rejected the Convention. More specifically, Turkey rejected the provisions ruling the prior notification of riparians about water projects, the prevention of significant harm, and the peaceful resolution of international water conflicts. (Cf chapter 7.)

  3.3  While the irrigation projects of the GAP significantly reduce the water flows, hydropower projects can be used for the political blackmail of Syria and Iraq as well. The Ilisu reservoir will have a total capacity of 10.4 billion m3, and a normal operating capacity of 7.46 billion m3. At its normal operating level, Ilisu will thus have a spare capacity of 3 billion m3. Given the average streamflow of the Tigris of 15 billion m3, filling the reservoir alone will absorb one half of a yearly streamflow. And the spare capacity of the reservoir will be sufficient for Turkey to block any water flowing to Syria and Iraq for several months.

  3.4  An annex to the friendship treaty between Iraq and Turkey of March 1946 stipulates that "Turkey shall keep Iraq informed of its plans for the construction of conservation works on the Tigris and the Euphrates or their tributaries, in order that these works may as far as possible be adapted, by common agreement, to the interests of both Iraq and Turkey". In a letter to ABB and Sulzer, Iraq's general consulate in Switzerland complained that Turkey had not informed Iraq about the plans regarding Ilisu. Iraq had only learnt about Ilisu from the media.

4.  SOCIAL IMPACTS

  4.1  GAP reservoirs such as Ataturk or Karakaya have so far involuntarily displaced 100,000s of persons. Compensation has usually been tied to the property of land or houses. Since most land in South-East Anatolia is concentrated in the hands of large landowners, many landless families were not compensated at all. Instead, they quietly moved to the slums of big cities such as Diyarbakir or Istanbul. Given the war between the Turkish army and the Kurdish guerilla in East Anatolia, affected people cannot voice any protest or discontent against the GAP, lest they be prosecuted as sympathizers of the guerilla.

  4.2  The Ilisu reservoir will flood 52 villages and 15 small towns, and will affect 15,000-20,000 people. The exact number of affected people has so far not been established. As was the case with earlier GAP projects, the mode of compensation will only be decided after construction starts. Senior managers of the GAP authority in the Ilisu region expressed conflicting opinions when they were interviewed by the Swiss journalist Joerg Dietziker in April 1998. While R. Erkan Alemdaroglu claimed that the affected people would be compensated with cash payments or apartments, Recep Serbetci maintained that no cash payments would be made. It appears that the authorities will not draw lessons from the negative impacts of earlier GAP projects, and that Ilisu again will produce refugees.

  4.3  The Ilisu reservoir will flood Hasankeyf, a Kurdish town with a population of 5,500. Hasankeyf is the only town in Anatolia which has survived since the middle ages without destruction. Being a rich treasure of Assyrian, Christian, Abassidian-Islamic and Osmanian history in Turkey, Hasankeyf was awarded complete archeological protection by the Turkish department of culture on 14 April 1978 (decision A-1105). It must thus be protected against all negative impacts in its integrity. The decision by the department of energy to flood Hasankeyf obviously violates this protection. Numerous cultural experts and activists in Turkey have appealed to the national authorities and the foreign companies to save Hasankeyf by changing the design of Ilisu.

  4.4  Sulzer and ABB have offered to evacuate all cultural relics from Hasankeyf before the reservoir area is flooded. Olus Arik, a professor of Ankara University who supervises the archeological excavations at Hasankeyf, maintains that many cultural treasures cannot be transported, and that only 15 per cent of all relics could be saved by evacuation.

5.  ENVIRONMENTAL IMPACTS

  5.1  Solid waste and wastewater of major cities such as Diyarbakir (pop. 1 million), Batman and Siirt are being dumped into the Tigris without any treatment. The Ilisu reservoir will vastly reduce the autopurification capacity of the Tigris. Sulzer and ABB regard this as "one of the most important project risks". Wastewater treatment plants are being planned in Diyarbakir, and will be funded by a loan from the European Investment Bank. It is unclear whether the plants will have a sufficiently positive impact, and whether the wastewater of cities like Batman and Siirt will be treated as well.

  5.2  The Ilisu reservoir will also infest the area with malaria and leishmaniosis. Health education programs and the setting up of laboratories are supposed to take care of this problem. The experience with other reservoir projects indicates that such mitigating measures will not protect the affected people from the new waterborne diseases.

  5.3  Hydro Concepts Engineering, the authors of the EIA, could not present any reliable data on the sedimentation of the Ilisu reservoir to the Berne Declaration. They estimate the annual sediment load of the Tigris to be 15-30 million m3. This would fill up 10-20 per cent of the reservoir's normal operating capacity within 50 years. The authors of the EIA expect the useful life of the reservoir to be 80-100 years. Empirically, the sedimentation rate has often been underestimated by reservoir planners.

6.  ECONOMICS AND FINANCIAL RISKS

  6.1  At a cost of $1,300/kW (plus financing costs), Ilisu is a relatively expensive power project. Project opponents in Turkey believe that power could be saved at a lower cost by modernizing the country's transmission system, which has a reputation of being inefficient. According to the authors of the EIA, no supply-side or demand-side alternatives to Ilisu were considered as part of the feasibility studies. It seems likely that the Turkish Government is prepared to pay a high price for Ilisu because of its interests to control the Kurdish population of South-East Anatolia, and to increase its political clout vis-a-vis Syria and Iraq.

  6.2  A spokesperson of UBS, which will syndicate the financing package for Ilisu, admits that Turkey is "a difficult risk". In September 1997, the "Institutional Investor" rated Turkey at only 38.6 (in a scale from 0 to 100), which was lower than other industralisizing countries such as India, Mexico, Brazil, or the Philippines. In September 1998, Turkey's long-term foreign currency rating was BB-. According to a recent report by Duff and Phelps Credit Rating, comfortable foreign exchanged reserves had to be put into perspective by rapidly growing private external debt, high inflation, and a difficult political situation.

  6.3  In spite of the high country risk, Turkey is one of the top-10 recipient countries of official export credits, with a total coverage of $17 billion at the end of 1995. (Turkey is the most important recipient country of Swiss export risk guarantees with a total coverage of 1.7 billion Swiss francs in November 1998).

7.  VIOLATION OF WORLD BANK GUIDELINES AND UN PROVISIONS

  7.1  The World Bank declined to fund GAP projects in 1984, and will not become involved in Ilisu. Even so, its guidelines have become internationally recognized benchmarks for the funding and implementation of infrastructure and development projects. The OECD's resettlement guidelines closely mirror the Bank's respective policy. And the Union Bank of Switzerland, which is leading Ilisu's creditor syndicate, committed to following World Bank guidelines in its own operations. "Within project finance", the Bank's (then) CEO Mathis Cabiallavetta stated in UNEP's "Bottom Line" newsletter in January 1998, "UBS now applies the most stringent environmental requirements of either the World Bank, the host country or any OECD country."

  7.2  The Ilisu consortium refuses public access to the project's environmental impact assessment. Even if information is incomplete, the Ilisu project appears to violate five World Bank guidelines on 18 accounts. The guidelines in question are OD 4.00 (Annex A, Environmental Assessment, and Annex B, Environmental Policy for Dam and Reservoir Projects), OD 4.30 (Involuntary Resettlement), OP 7.50 (Projects on International Waterways), OPN 11.03 (Management of Cultural Property) and BP 17.50 (Disclosure of Operational Information). Turkey as well as the governments which have decided to extend export credits for Ilisu are members of OECD. In tandem with the Bank's OD 4.30, the project violates the resettlement guidelines of OECD. Finally, the project contradicts core provisions of the UN Convention on the Non-Navigational Uses of Transboundary Watercourses of 1997.

  (The annex of this memorandum contains a detailed analysis of the violations of World Bank guidelines and UN provisions.)

8.  LACK OF CONSULTATION

  8.1  People who are affected by the Ilisu project are not being consulted, and in some cases, not even informed. In certain areas, the number of affected people was only estimated based on helicopter rides. Sulzer and ABB commissioned an environmental impact assessment (EIA) on Ilisu, but did not make this document available to affected people or NGOs. When the Berne Declaration asked for a copy, company spokespeople admitted that the EIA had been made for the ECAs and creditor banks only.

  8.2  In South-East Anatolia, a civil war zone, people cannot voice protest against the Ilisu project. Yet there is opposition, in Turkey and internationally. In January 2998, 28 Turkish intellectuals issued a declaration to save Hasankeyf. A "Committee to save Hasankeyf" was formed as well. In November 1998, about 1000 people, mainly Kurdish refugees, protested against the Ilisu dam in Berne (Switzerland). NGOs in Switzerland, Germany, the U.S., Italy, Austria and England oppose the support of Ilisu by their national export credit agencies.

9.  SUPPORT FROM EXPORT CREDIT AGENCIES

  9.1  On 30 November 1998, the Swiss Government approved an export credit guarantee of 470 million Swiss francs for the Ilisu contracts of Sulzer and ABB. Other ECAs were expected to follow the decision of the Swiss ERG, which was OECD's lead agency on Ilisu, soon. The US Exim-Bank has meanwhile approved funding for the project as well. In Germany the weekly, "Die Zeit", argued that the position of Hermes on Ilisu constituted a test case for the reform of export promotion by the new German Government.

  9.2  Upon invitation by ERG, the different ECAs interested in Ilisu met several times to discuss the project in 1998. For the first time, they attempted to agree on a "common line" regarding conditions to be attached to export credits or guarantees. When the Swiss Government approved its guarantee, it requested that resettlement for the project comply with international standards, and be regularly monitored by an independent mechanism. The guarantee was only to be ratified once the Ilisu consortium, the Turkish Government and the ECAs had agreed on, and established, a respective mechanism. According to a Swiss government spokesperson, the same condition was supported by the German, Swedish and U.S. Governments.

  9.3  After the Swiss decision, the Berne Declaration informed interested organizations in Turkey, and particularly in South-East Anatolia, about the prospect of an independent monitoring process. None of these organizations dared to speak out publicly on Ilisu. NGOs such as the Turkish human rights association and the HADEP party which defend the rights of affected Kurdish people suffered severe repression before and after the arrest of PKK leader Ocalan in February 1999. This indicates that a truly independent monitoring of a dam project in the Anatolian war zone is at present illusionary.

10.  CONCLUSION

  10.1  Ilisu is a political project predominantly motivated by the strategic interest of the Turkish Government to strengthen its position vis-a-vis Syria and Iraq, and to control the unruly Kurdish areas. No lessons from the abysmal social record of earlier GAP projects have been learnt. The affected people are not being consulted about the project and have no possibility of defending their interests. Turkey is considered a bad risk by private banks, and any involvement of export credit agencies in Ilisu carries the risk of becoming a burden on the public purse.

  10.2  Ilisu appears to violate five binding World Bank policies (with two annexes) on 18 accounts. The procedures used in the planning and preparation of the project also contradict several core provisions of the UN Convention on the Non-Navigational Uses of Transboundary Watercourses, and a friendship treaty between Turkey and Iraq. The World Bank declined to fund GAP projects in 1984, and has not become involved ever since. If Ilisu were identified as a Bank project today, affected people or the Executive Directors representing Syria or Iraq could challenge it at the Bank's Inspection Panel.

  10.3  With few exceptions, official export credit agencies do not have social and environmental guidelines matching the World Bank's policies. At the same time, the OECD governments control the majority of the Bank's capital, and have supported the establishment of binding social and environmental policies at the World Bank in many instances. It is contradictory that the same governments are not prepared to follow similar guidelines when it comes to their own export credit agencies. Ilisu demonstrates that OECD governments individually are prepared to fund projects which collectively (through the World Bank), they could not.

  10.4  In May 1996, the governments which form OECD's Development Assistance Committee issued a report on "Shaping the 21st Century: The Contribution of Development Co-operation". In this report they made the following commitment: "The ramnifications and opportunities of policy coherence for development now need to be much more carefully traced and followed through than in the past. We should aim for nothing less than to assure that the entire range of relevant industrialized country policies are consistent with and do not undermine development objectives. (. . .) We will work to assure that development co-operation and other linkages between industrialized and developing countries are mutually reinforcing." Ilisu demonstrates that the OECD governments have not yet fulfilled this commitment to policy coherence.

BIBLIOGRAPHY

  ABB Power Generation, Sulzer Hydro Kurzfassung Projektbeschrieb: Wasserkraftwerk Ilisu, Turkei, 16. Juni 1998.

  ABB Power Generation, Sulzer Hydro, Ilisu Hydroelectric Power Plant, Turkey (undated).

  Joerg Dietziker, Wasser als Waffe: Turkische Damme und Schweizer Helfer, August 1998.

  Patrick McCully, Silenced Rivers; The Ecology and Politics of Large Dams, London 1996.

  Mountain Agenda, Mountains of the World, Water Towers for the 21st Century, A Contribution to Global Freshwater Management, 1998.

  Salman M A Salman, Laurence Boisson de Chazournes (eds), International Watercourses, Enhancing Cooperation and Managing Conflict, World Bank Technical Paper No. 414, 1998.

  Ruth-Garby Vermot-Mangold, Situation humanitaire des refugies et des personnes deplacees kurdes dans le sud-est de la Turquie et le nord de l'Irak, Conseil de l'Europe, Assemblee parlementaire, 3 Juin 1998.



Annex

  Ilisu Hydroelectric Project: Violation of World Bank Guidelines and of the UN Convention on the Non-Navigational Uses of Transboundary Watercourses.

  Given the involvement of export credit agencies and of banks like UBS, it is interesting to analyze the compliance of the Ilisu project with World Bank guidelines. This annex analyzes violations of currently applicable Bank Procedures, Operational Directives and Operational Policies of the World Bank. It also considers contradictions with the UN Convention on the Law of the Non-Navigational Uses of Transboundary Watercourses of May 1997.

1.  OD 4.00, ANNEX A, ENVIRONMENTAL ASSESSMENT

  The Ilisu consortium commissioned an environmental assessment of the project by the Swiss engineering company, Hydro Concepts Engineering (HCE). Upon request, it refused to make this assessment available to the Berne Declaration. Some information on the project and the assessment was given orally in a consultation of interested Swiss NGOs by representatives of the Ilisu consortium and HCE on August 19, 1998. The following violations appear to occur:

    (1a)  According to para 5, "a project-specific environmental assessment should normally cover (. . .) systematic environmental comparison of alternative investments, sites, technologies, and designs".

    According to oral information from HCE, no alternative investments were assessed in the case of Ilisu.

    (1b)  According to para 12, "the Bank expects the borrower to take the views of affected groups and local NGOs fully into account in project design and implementation, and in particular in the preparation of environmental assessments". Para 12 further recommends that the project sponsor conduct "similar consultations after the environmental assessment report is completed".

    In the case of Ilisu, no local consultations took place. Many affected communities were not even contacted by the authors of the assessment, but only surveyed by helicopter.

    (1c)  According to para 15, "for major projects with serious and multi-dimensional environmental concerns, the Bank should explore with the borrower whether the latter needs to engage an advisory panel of independent, internationally recognized, environmental specialists". Such a panel should meet at least once a year.

  In the case of Ilisu, there is no indication that the project funders encouraged the creation of an independent advisory panel, or that such a panel has in fact been created. (Cf 2c)

2.  OD 4.00, ANNEX B, ENVIRONMENTAL POLICY FOR DAM AND RESERVOIR PROJECTS

  (2a) According to para 4, "cost-benefit analyses should explicitly include estimates for all necessary mitigatory measures, as well as for quantifiable environmental losses and enhancements due to the project".

  Given the information obtained at the Swiss NGO consultation, no comprehensive cost-benefit analysis appears to exist in the case of Ilisu.

  (2b)  According to para 5, "design of investment programs for supplying water or energy should consider demand management as well as supply options" (including "efficiency improvements").

  On August 19, the Swiss NGOs were informed by HCE that no demand management options were considered in the case of Ilisu.

  (2c)  According to para 18, "for projects involving large dams, or having major environmental implications, the borrower should normally engage an advisory panel of independent, internationally recognized, environmental specialists". The panel should advise the borrower periodically on environmental aspects of the project".

  As has been mentioned above, there is no indication that such a panel has been created in the case of Ilisu.

  (2d)  According to para 19, "the Bank encourages consultations by project authorities (including consultants preparing the project) with appropriate NGOs, particularly local NGOs. (. . .) In addition, the Bank encourages consultation between project executing agencies and the population affected by the project, as part of the project design process."

  In the case of Ilisu, no local NGOs or affected people were consulted.

3.  OD 4.30, INVOLUNTARY RESETTLEMENT

  About 15,000-20,000 people will be displaced by the reservoir of the Ilisu project. The following contradictions with OD 4.30 appear to occur:

  (3a)  According to para 3, "involuntary resettlement is an integral part of project design and should be dealt with from the earliest stages of project preparation".

  In the case of Ilisu, the modes of compensation and rehabilitation had not been decided yet even at the time when the project was submitted to various ECAs. Where Erkan Alemdaroglu, a senior GAP representative, claimed that affected people would receive cash compensation, Recep Serbetci, another senior manager of the GAP, claimed that people would receive no cash compensation.

  (3b)  Para 3 also elaborates: "Where displacement is unavoidable, resettlement plans should be developed. All involuntary resettlement should be conceived and executed as development programs, with resettlers provided sufficient investment resources and opportunities to share in project benefits. Displaced persons should be (i) compensated for their losses at full replacement cost prior to the actual move; (ii) assisted with the move and supported during the transition period in the resettlement site; and (iii) assisted in their efforts to improve their former living standards, income earning capacity, and production levels, or at least restore them. Particular attention should be paid to the needs of the poorest groups to be resettled." And para 4 states: "Where large-scale population displacement is unavoidable, a detailed resettlement plan, timetable, and budget are required."

  Since the modes of compensation and rehabilitation have not been decided yet, obviously no resettlement plan for Ilisu has been prepared yet. The same is true for the budget or timetable. In earlier GAP projects, the conditions elaborated above were not met. Contrary to Turkish law, the vast majority of landless people were in many cases not compensated or rehabilitated at all, but were simply left to fend for themselves.

  (3c)  Para 3 further states that "community participation in planning and implementation should be encouraged". And para 8 elaborates: "The involvement of involuntary resettlers and hosts in planning prior to the move is critical. (. . .) To obtain cooperation, participation, and feedback, the affected hosts and resettlers need to be systematically informed and consulted during preparation of the resettlement plan about their options and rights. They should also be able to choose from a number of acceptable resettlement alternatives."

  The Ilisu project is in complete contradiction with these requirements. There has been no information, participation or consultation of affected communities whatsoever. Even the surveys which established the very figures of affected people were partly carried out from the air by helicopter, without any direct contact with the local communities.

  (3d)  According to para 4, "experience indicates that cash compensation alone is normally inadequate. (. . .) Preference should be given to land-based resettlement strategies for people dislocated from agricultural settings. If suitable land is unavailable, nonland-based strategies built around opportunities for employment or self-employment may be used." And para 13 confirms that "the Bank encourages 'land for land' approaches, providing replacement land at least equivalent to the lost land."

  The experience of previous GAP projects, the lack of rehabilitation plans for Ilisu, and the statements of GAP representatives regarding this project all indicate that affected people will only be compensated with cash and/or with apartments, if at all.

  (3e)  Para 11 stipulates: "Resettlement plans should be based on recent information about the scale and impact of resettlement on the displaced population. (. . .) Socioeconomic surveys, recording the names of the affected families, should be conducted as early as possible to prevent inflows of population ineligible for compensation."

  As was stated above, the number of affected people was partly established by aerial surveys in the case of Ilisu. Obviously, no socioeconomic surveys could be prepared like this.

  (3f)  Para 16 states: "Vulnerable groups at particular risk are indigenous people, the landless and semi-landless, and households headed by females who, though displaced, may not be protected through national land compensation legislation. The resettlement plan must include land allocation or culturally acceptable alternative income-earning strategies to protect the livelihood of these people."

  The compensation and rehabilitation which has so far been discussed for Ilisu is tied to the property of land, houses, trees etc. This obviously puts landless people at a disadvantage—as was the case in earlier GAP projects.

  (3g)  According to para 19, "adequate resources should be allocated to provide shelter, infrastructure (eg, water supply, feeder roads), and social services (eg, schools, health care centers)."

  The people who have been affected by GAP projects so far and who have not received any compensation usually ended up in the slums of the big cities without any support. For reference, a report on the fate of Kurdish war oustees in Turkey prepared by European Councillor Ruth-Gaby Vermot-Mangold in June 1998 should be quoted: "Most often, these people [from Kurdish communities] were dispossessed of their goods without any compensation. They generally do not have any perspective of employment; having no means of subsistence, they are forced to live in slums without any health services or social support." (p.11, translation PB)

  (3h)  Para 21 stipulates that "the timing of resettlement should be coordinated with the implementation of the main investment component of the project requiring the resettlement."

  The project authorities hope that civil works activities for Ilisu will start early in 1999. Yet in summer 1998, no rehabilitation plan existed yet. This demonstrates that resettlement and rehabilitation will most likely be carried out under the pressure of a project in progress, rather than being planned and implemented in good time.

4.  OP 7.50, PROJECTS ON INTERNATIONAL WATERWAYS

  (4a)  According to para 3, "The Bank recognizes that the cooperation and goodwill of riparians is essential for the efficient utilization and protection of the waterway. Therefore, it attaches great importance to riparians making appropriate agreements or arrangements for these purposes for the entire waterway or any part thereof. (. . .) In cases where differences remain unresolved between the state proposing the project (beneficiary state) and the other riparians, prior to financing the project the Bank normally urges the beneficiary state to offer to negotiate in good faith with the other riparians to reach appropriate agreements or arrangements." And according to para 8, the Bank's Staff Appraisal Report must confirm that Bank staff "are satisfied that (. . .) the other riparians have given a positive response to the beneficiary state or Bank, in the form of consent, no objection, support to the project, or confirmation that the project will not harm their interests".

  Iraq and Syria have opposed Turkey's GAP projects on the Euphrates and Tigris rivers since the 1960s. While the irrigation projects (predominantly on the Euphrates) sharply reduce the water available to Syria and Iraq, even the hydropower reservoirs (such as Ilisu) allow Turkey to blackmail the downstream riparians by temporarily withholding water. OP 7.50 is the reason why the Bank has declined to support GAP projects since the 1980s. In spite of repeated negotiations, the conflict between Turkey, Iraq and Syria over the GAP projects remains completely unresolved. Turkey added to the suspicions of the neighbouring countries by objecting to the UN Convention on the non-navigational uses of transboundary watercourses in 1997.

5.  OPN 11.03, MANAGEMENT OF CULTURAL PROPERTY IN BANK-FINANCED PROJECTS

  (5a)  Para 2 (a) states: "The Bank normally declines to finance projects that will significantly damage non-replicable cultural property." This statement is however qualified in the remainder of the document. Para 2 (b) maintains that "often, scientific study, selective salvage, and museum preservation before the destruction is all that is necessary". And para 2 (c) says that "deviations from this policy may be justified only where expected project benefits are great, and the loss of damage to cultural property is judged by competent authorities to be unavoidable, minor, or otherwise acceptable".

  The Ilisu reservoir will flood the city of Hasankeyf, a unique treasure of Assyrian, Christian, Abassidian-Islamic and Osmanian history in Turkey. Hasankeyf was awarded complete archeological protection by the Turkish department of culture on April 14, 1978 (decision A—1105). Accordingly, the town must in its integrity be protected against negative impacts. This indicates that it is not sufficient to preserve individual relics in museums, and that the competent authorities do not judge the destruction of Hasankeyf to be acceptable.

6.  BP 17.50, DISCLOSURE OF OPERATIONAL INFORMATION

  In OD 4.00, the Bank defines projects with "diverse and significant environmental impacts" as Category A projects. Hydropower projects are routinely classified as Category A projects.

  (6a)  Para 12 states "for all Bank-funded Category A projects" that "before the Bank proceeds to appraisal, the EA [Environmental Assessment] must be made available in the borrowing country at some public place accessible to affected groups and local NGOs and must be submitted to the Bank".

  In the case of Ilisu, the environmental assessment was not made available to the public, to affected people, or to NGOs. In his meeting with Swiss NGOs, the author of the EA on 19 August 1998, frankly admitted that the assessment had only been made "for the export credit agencies and the creditor banks".

7.  UN CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL USES OF TRANSBOUNDARY WATERCOURSES

  In 1970 the United Nations requested the International Law Commission of the UN (ILC) to prepare a set of draft articles on the non-navigational uses of international waterways. After drawn-out debates and negotiations, the resulting UN Convention on the Law of the Non-Navigational Uses of Transboundary Watercourses was approved by the UN General Assembly on 21 May 1997, by a vote of 103 : 3 (with 27 abstentions). Voting against the convention were Burundi, China, and Turkey. In the light of the Ilisu project, it is interesting to see which specific articles Turkey had objected to.

  (7a)  Article 7 of the Convention stipulates that "watercourse States shall, in utilizing an international watercourse in their territories, take all appropriate measures to prevent the causing of significant harm to other watercourse States". This article lies at the heart of the Convention. It qualifies article 5, which sets forth the "equitable and reasonable utilization" of international watercourses. Turkey objected to article 7.

  (7b)  Part III (articles 11-19) rules on the procedures to be followed in cases where a project in one state may have significant adverse effects on another riparian state. It provides that in such cases, states must give prior notification to the potentially affected riparians. If no conclusion can be reached, a dispute settlement mechanism becomes applicable (see below). Turkey objected to this.

  (7c)  Article 33 provides for a compulsory fact-finding at the request of any party if a dispute among riparians cannot be resolved otherwise. Ratifying states accept that eventually, disputes can be submitted to the International Court of Justice and/or to other tribunals established according to the procedures defined by the Convention. Again, Turkey objected to this—as in the end, to the Convention itself.

Peter Bosshard
Berne Declaration

March 1999


 
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