Transboundary Water Resources Transboundary Water Resources Management in SADC: the SADC Protocol Management in SADC: the SADC Protocol on Shared Watercourses” ” on Shared Watercourses Presentation Presentation BY Phera S. RAMOELI BY Phera S. RAMOELI Senior Program Manager – – Water Water Senior Program Manager SADC Secretariat, Gaborone, Botswana SADC Secretariat, Gaborone, Botswana
BACKGROUND TO THE SADC REGION BACKGROUND TO THE SADC REGION Comprise 14 Member States with Comprise 14 Member States with two island states two island states Aim: to become an integrated Aim: to become an integrated regional economy on the basis regional economy on the basis of equity & mutual benefit of equity & mutual benefit These is governed by Treaty and These is governed by Treaty and Declaration that was signed in Declaration that was signed in 1992. 1992. The Treaty provides for member The Treaty provides for member states to agree on various areas states to agree on various areas of cooperation; (Article 22) of cooperation; (Article 22) Protocols are developed Protocols are developed negotiated and adopted negotiated and adopted governing cooperation in the governing cooperation in the sector sector The Water Protocol was the first The Water Protocol was the first such protocol adopted by SADC such protocol adopted by SADC Member states Member states
WATER RESOURCES MANAGEMENT AND WATER RESOURCES MANAGEMENT AND DEVELOPMENT IN THE SADC REGION DEVELOPMENT IN THE SADC REGION water resources of the SADC region water resources of the SADC region Southern African Development Community (SADC) are: are: (Main International River Basins) – Limited and unevenly distributed Limited and unevenly distributed – geographically and over time; geographically and over time; – frequently shared between several – frequently shared between several Democratic Republic countries in transboundary countries in transboundary of Congo Lake hydrological basins (e.g. The hydrological basins (e.g. The Victoria KINSHASA % Zambezi is shared by eight riparian Zambezi is shared by eight riparian Tanzania Lake Tanganyika Dar Es Salaam % member states) member states) Luanda % Lake Angola Malawi Malawi Over 70% of renewable water Over 70% of renewable water Lilongwe % Zambia Cahora Lusaka % Bassa Mozambique resources in the region occurs in resources in the region occurs in Lake Kariba % Harare shared water; shared water; Etosha Pan Zimbabwe Okavango Delta There are 15 such shared Botswana There are 15 such shared Windhoek % LEGEND watercourses shared between two or watercourses shared between two or Namibia River Gaborone % Nile Congo A Pretoria more member state % more member state T % Maputo Save L Mbabane % A Rovuma N Swaziland T Pungwe I South Africa N C A Orange O E Two of these watercourses are shared Two of these watercourses are shared C C Okavango E % O Maseru A Maputo N N Lesotho A Limpopo I D Incomati by SADC and other non SADC Member N by SADC and other non SADC Member I Cuvelai Cunene Zambezi States States N Buzi 1 : 20,000,000
Protocol on Shared Water Courses Protocol on Shared Water Courses SADC Protocol on Shared Watercourse Systems SADC Protocol on Shared Watercourse Systems was adopted and signed in August, 1995. was adopted and signed in August, 1995. Developed as an off shoot of the ZAMCOM Developed as an off shoot of the ZAMCOM Processes Processes It is based on the Helsinki Principles and had It is based on the Helsinki Principles and had emphasis on sovereignty of watercourse states emphasis on sovereignty of watercourse states in the utilization of shared watercourse; in the utilization of shared watercourse; It came into force on the 29th September, 1998 It came into force on the 29th September, 1998 Process of amendments started in 1999 Process of amendments started in 1999 – – 2000. 2000. In the process of negotiating amendments it In the process of negotiating amendments it became apparent that the proposed changes became apparent that the proposed changes were tantamount to a revision of the protocol. were tantamount to a revision of the protocol.
The Revised Protocol on The Revised Protocol on Shared Watercourses Shared Watercourses The revised Protocol was adopted and signed by all The revised Protocol was adopted and signed by all Member States in March, 2000, in Windhoek Namibia; Member States in March, 2000, in Windhoek Namibia; It came into force in September 2003 after attaining the It came into force in September 2003 after attaining the two- -thirds majority ratifications by Member States; thirds majority ratifications by Member States; two Protocol recognizes all developments that have taken Protocol recognizes all developments that have taken place in international water law such as: place in international water law such as: – the Helsinki rules, 1966 the Helsinki rules, 1966 – – the Dublin Principles, 1992 the Dublin Principles, 1992 – – Rio Earth Summit, Chapter 18, Agenda 21 Rio Earth Summit, Chapter 18, Agenda 21 – – the UN Convention on the Law of the non Navigational use of the UN Convention on the Law of the non Navigational use of – international watercourses, April 1997 international watercourses, April 1997 Provisions cover all uses of surface and ground water Provisions cover all uses of surface and ground water including agricultural, domestic industrial, and including agricultural, domestic industrial, and navigational navigational Strongly influenced by the UN Convention on the Non Strongly influenced by the UN Convention on the Non - - Navigational Uses of Shared Watercourses Navigational Uses of Shared Watercourses
The Revised Protocol on Shared The Revised Protocol on Shared Water Course Water Course Promotes Respect for sovereignty in the utilization of Promotes Respect for sovereignty in the utilization of shared watercourses which recognize: shared watercourses which recognize: – The Right to utilize vs the obligation to protect The Right to utilize vs the obligation to protect – – stipulates use to cover but not limited to , agricultural, stipulates use to cover but not limited to , agricultural, – domestic, industrial, and navigational uses; domestic, industrial, and navigational uses; Rules of general or customary international law, Rules of general or customary international law, community of interest and equitable utilization; community of interest and equitable utilization; Maintaining proper balance between development and Maintaining proper balance between development and environment protection and conservation; environment protection and conservation; Cooperation on joint projects and studies; Cooperation on joint projects and studies; Information and data sharing; Information and data sharing; Equitable and reasonable utilization of shared watercourse Equitable and reasonable utilization of shared watercourse systems: systems: – Several aspects must be taken into consideration in order to Several aspects must be taken into consideration in order to – achieve equity and reasonable sharing achieve equity and reasonable sharing The revised protocol has borrowed from the provisions of The revised protocol has borrowed from the provisions of the UN Convention; the UN Convention;
The SADC Protocol and the UN The SADC Protocol and the UN Convention Convention While the original Protocol was leaning mainly on the Helsinki While the original Protocol was leaning mainly on the Helsinki Principles, the revised Protocol is influenced by the UN Principles, the revised Protocol is influenced by the UN Convention: Convention: – Embodies the principles of equitable and reasonable utilization – Embodies the principles of equitable and reasonable utilization and and participation by all states in the uses of international waters; participation by all states in the uses of international waters; – Confers obligations on watercourse states in their use of the sh – Confers obligations on watercourse states in their use of the shared ared watercourse not to cause harm; watercourse not to cause harm; – Protection and conservation of the environment and ecosystem; – Protection and conservation of the environment and ecosystem; The revised protocol sets out clear objectives of the Protocol The revised protocol sets out clear objectives of the Protocol It has adopted the Convention principles and rules and has It has adopted the Convention principles and rules and has the watercourse as its scope; the watercourse as its scope; It addresses issues such as flood control, water quality, It addresses issues such as flood control, water quality, information on planned majors and sharing of information information on planned majors and sharing of information These principles are adopted by all member states signatory These principles are adopted by all member states signatory to the Protocol and therefore to the Protocol and therefore by extension have adopted the provisions of the Convention by extension have adopted the provisions of the Convention
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