Transboundary Water Resources Transboundary Water Resources - - PowerPoint PPT Presentation

Transboundary Water Resources Transboundary Water Resources Management in SADC: the SADC Protocol Management in SADC: the SADC Protocol

• n Shared Watercourses
• n Shared Watercourses”

” Presentation Presentation BY Phera S. RAMOELI BY Phera S. RAMOELI Senior Program Manager Senior Program Manager – – Water Water 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

• f equity & mutual benefit
• f 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

• f cooperation; (Article 22)
• f 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 are: are: – – Limited and unevenly distributed Limited and unevenly distributed geographically and over time; geographically and over time; – – frequently shared between several frequently shared between several countries in transboundary countries in transboundary hydrological basins (e.g. The hydrological basins (e.g. The Zambezi is shared by eight riparian Zambezi is shared by eight riparian member states) member states)

• Over 70% of renewable water

Over 70% of renewable water resources in the region occurs in resources in the region occurs in shared water; shared water;

• There are 15 such shared

There are 15 such shared watercourses shared between two or watercourses shared between two or more member state more member state

• Two of these watercourses are shared

Two of these watercourses are shared by SADC and other non SADC Member by SADC and other non SADC Member States States

Lusaka Dar Es Salaam Pretoria Maputo Lilongwe Maseru KINSHASA Gaborone Luanda Windhoek Mbabane

Tanzania Democratic Republic

• f

Congo Zambia Zimbabwe Lesotho Mozambique South Africa Namibia Angola Botswana Swaziland Malawi

Southern African Development Community (SADC)

Buzi Zambezi Cunene Cuvelai Incomati Limpopo Maputo Okavango Orange Pungwe Rovuma Save Congo Nile River

A T L A N T I C O C E A N I N D I A N O C E A N 1 : 20,000,000 LEGEND

(Main International River Basins)

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 two-

• thirds majority ratifications by Member States;

thirds majority ratifications by Member States;

• 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

IMPLEMENTATION OF THE IMPLEMENTATION OF THE PROTOCOL IN SADC PROTOCOL IN SADC

• Implementation through the regional Strategic

Implementation through the regional Strategic Action Plan on IWRMD; Action Plan on IWRMD;

• A special focus of RSAP covering Water

A special focus of RSAP covering Water Governance and Capacity building address the Governance and Capacity building address the implementation issues of the Protocol; implementation issues of the Protocol;

• Establishment and strengthening of River

Establishment and strengthening of River Basin Organization is seen as a direct effort in Basin Organization is seen as a direct effort in the implementation of the Protocol; the implementation of the Protocol;

• A forum for sharing experience and getting

A forum for sharing experience and getting RBO inputs into their process has been RBO inputs into their process has been established. established.

Protocol Implementation

• The protocol sets a framework for implementation

and proposes the following institutions:

– River basin Commissions between Basin States and in respect of each drainage basin, and – River Basin Authorities or Boards in respect of each drainage basin.

• The institutions shall have the following broad
• bjectives:

– monitoring and policy development – promotion of equitable utilization – formulate development and management strategies – monitoring execution of joint development plans

Implementation: Establishment of RBOs Implementation: Establishment of RBOs

• Move from mostly bilateral

agreements toward a river basin approach: – ZAMBEZI : ZAMCOM (2004) – ORANGE SENQU: ORASECOM (2000) – LIMPOPO : LIMCOM (2003) – OKAVANGO: OKACOM (1994) – Progress on various smaller basin – INCO-MAPUTO: WATER SHARING AGREEMENT (2002) – UMBELUZI - JWC – KUNENE - PJTC – ROVUMA – JWC 2008 – Pungwe - JWC

CONCLUSIONS CONCLUSIONS

• Water is a shared resource and therefore

Water is a shared resource and therefore cooperation in its Utilisation and cooperation in its Utilisation and development is an imperative especially as development is an imperative especially as water resources become more scarce. water resources become more scarce.

• There are still challenges relating to the

There are still challenges relating to the interpretations of some of the important interpretations of some of the important provisions of the Protocol i.e. the Principle provisions of the Protocol i.e. the Principle

• f equitable and reasonable Utilisation.
• f equitable and reasonable Utilisation.
• Water is critical for all our development

initiatives as a means to an end therefore a Catalyst for development;

I THANK YOU FOR I THANK YOU FOR

YOUR ATTENTION YOUR ATTENTION