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The african transboundary water law database collection,analysis, findings

by International Water Management Institute (IWMI)

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The african transboundary water law database collection,analysis, findings. Mark Giordano &Jonathan LautzePresented at IWMI HQ, BattaramullaJanuary 2010

The african transboundary water law database collection,analysis, findings. Mark Giordano &Jonathan LautzePresented at IWMI HQ, BattaramullaJanuary 2010

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The african transboundary water law database collection,analysis, findings Presentation Transcript

THE AFRICAN TRANSBOUNDARY WATER LAW DATABASE: Collection, Analysis, Findings Mark Giordano & Jonathan Lautze Presented at IWMI HQ, Battaramulla January 2010 Source: UNECA,2000 *Presentation made to visiting university students
Transboundary Waters in Africa
- With the exception of island states, every African country has territory in at least one transboundary basin
- Transboundary basins cover 62 percent of Africa’s total land area
- History of transboundary water agreements applying to Africa’s transboundary basins dates back over 100 years
- Little was known about the nature and extent of that law
Source: Oregon State University, Transboundary Freshwater Dispute Database,2001
Work undertaken as part of CPWF¹ Project “Transboundary Water Governance for Agricultural and Economic Growth and Improved Livelihoods
- Sought to assemble a database of African transboundary water law
- Searched existing treaty collections (FAO, OSU TFDD², UN collections) and tapped into networks in Africa (AWIRU³, ANBO 4 )
- Compiled more than 150 agreements between or among countries applying to an African transboundary water body
- Classified agreements according to a number of criteria, e.g.,
- Placed database with classifications on line: www.africanwaterlaw.org
CPWF 1 : Challenge Program on Water and Food OSU TFDD 2 : Oregon State University, The Transboundary Freshwater Dispute Database AWIRU 3 : African Water Issues Research Unit ANBO 4 : Africa Network of Basin Organizations
Source: <www.africanwaterlaw.org> Home Page Background Instructions Search Bibliography Links Acknowledgements Contact Us Search by Basin Search by Country or Organization
Home Page Background Instructions Search Bibliography Links Acknowledgements Contact Us Atui Awash Baraka Benito-Ntem Bia Buzi Cavally Cestos Chiloango Congo Corubal Cross Csa Cunene Cuvelai Daoura Dif Domoni Dra Gambia Gash Geba Great Scarcies Guir Incomati Juba-Shibeli Komoe Lake Chad Lake Natron Lake Turkana Limpopo Little Scarcies Loffa Lotagipi Swamp Mana-Morro Maputo Mauni Moa Mono Niger Nile Nubian Sandstone Aquifer System Nyanga Ogooue Okavango Orange Oueme Outemboni Ruvuma Sabi Sassandra Senegal St. John St. Paul Tafna Tano Umba Umbeluzi Utamboni Volta Zambezi
1 Treaty between Great Britain and Portugal defining their respective spheres of influence in Africa. Lisbon, 11 June, 1891 2 Agreement between South Africa, Swaziland, and Portugal. 13 October, 1974 3 Agreement between the Government of the Republic of South Africa, The Government of the Kingdom of Swaziland and the Government of the People’s Republic of Mozambique relative to the Establishment of a Tripartite Permanent Technical Committee. Pretoria, 17 February, 1983 4 Tripartite Ministerial Meeting of Ministers Responsible for Water Affairs Held of the 15th February, 1991 in Swaziland. 15 February, 1991 5 Treaty on the Development and Utilization of the Water Resources of the Komati River Basin between the Government of the Kingdom of Swaziland and the Government of the Republic of South Africa. 13 March, 1992 6 Treaty on the establishment and functioning of the joint water commission between the government of the Kingdom of Swaziland and the government of the Republic of South Africa. Mbabane, 13 March, 1992 7 Agreement on the Development and Utilization of the Water of the Komati River Basin between the Government of the Republic of South Africa and the Government of Kangwane . 7 October, 1992 8 Protocol on shared watercourse systems in the Southern African development community (SADC) region. Johannesburg, 28 August, 1995 9 Joint Water Commission Terms of Reference between the Republic of South Africa and the Government of the Republic of Mozambique. 1 January, 1996 10 Revised Protocol on Shared Watercourses in the Southern African Development Community (SADC). 7 August, 2000 11 Tripartite Interim Agreement Between the Republic of Mozambique and the Republic of South Africa and the Kingdom of Swaziland for Co-operation on the Protection and Sustainable Utilization of the Water Resources of the Incomati and Maputo Watercourses . Maputo, 13 August, 2002
Tripartite Interim Agreement Between the Republic of Mozambique and the Republic of South Africa and the Kingdom of Swaziland for Co-operation on the Protection and Sustainable Utilization of the Water Resources of the Incomati and Maputo Watercourses . Maputo, 13 August, 2002 Date Signed 13-Aug-2002 Location Signed Maputo Primary Goal 5 Colonial Status of Signatories All Independent Water Related Goal(s) Sustainable Development Includes Equity Concepts? Yes Includes a Management Structure? Yes, assumes Includes Water Quality Provision? Yes, category 1 Includes Groundwater Provision? No Includes Information Exchange Provisions? Yes Includes and Amendment Mechanism? Yes Includes a Conflict Resolution Mechanism? Yes, via SADC arbitration tribunal Includes Water Allocation Criteria? Equity Needs Prior Use/Historical Precedent Basin(s) Involved Incomati Maputo Signatories Mozambique South Africa Swaziland Citation AWIRU Electronic Version Not available
Findings
- Compared water allocations in treaties referring to equitable use with those making no such reference; developed indicators to measure % water allocated v. % runoff generated, % pop, and & land area in each country
- Agreements referring to equitable
- use allocate water more
- proportionate to country
- runoff, population,
- and land area
Source: Managing transboundary waters in extreme environments: the role of international actors in Africa . Giordano, Mark and Jonathan Lautze.In Lipchin, C.; Sandler, D.; Cushman, E. (Eds.). The Jordan River and Dead Sea Basin: cooperation amid conflict . New York, NY, USA: Springer Verlag. pp.113-138. 2009 0 25 50 75 100 Run-Off Land Area Population Equity Agreements Agreements Making no Reference to Equity
Findings
- Looked at % of agreements containing a development focus over time
- SSA outside of South Africa appears to follow global trend despite different development levels and water resources conditions
- There may be hand-me
- -down effect, int’l norms
- may be applied too
- uniformly given diversity
- of conditions
Source : Demanding Supply Management and Supplying Demand Management: Transboundary Waters in Sub-Saharan Africa. Lautze, Jonathan and Mark Giordano. Journal of Environment and Development. 16: 290-306. 2007
Impacts and Uptake
- Findings have been channeled through journal articles and cited in AMCOW 1 , UN, WBank documents, referenced by CFR² and at least one African water affairs ministry
- The African transboundary water law database will be combined with Oregon State Treaty database. This will result in a massive expansion in number of known agreements
AMCOW 1: African Ministers’ Council on Water CFR 2: Council on Foreign Relations
Future Directions
- Look into timelines for creation of River Basin Organizations, identify benchmarks for progress
- Compare potential impacts of climate change with existence/nature of transboundary institution, identify vulnerability
Future Directions
- When is a basin ripe for development of transboundary institution?
- What have been the impacts of transboundary institutions? EG, how has the rate and distribution of WRD* been affected?
*WRD: Water Resource Development
Related Publications
- Lautze, J., Giordano, M. and Kloos, H. 2010. Water Resources Development and Management in Sub-Saharan Africa and the Nile Basin: Overview and Global Context. Chapter 1 in Helmut Kloos and Worku Legesse Mulat, ed., Water Resources and their Development in Ethiopia: Management, Impacts and Interventions . Cambria Press.
- Giordano, M. and Lautze, J. 2009. Managing Waters in Extreme Environments: The Role of International Actors in Africa. In: Managing Waters in Extreme Environments . NATO Publication.
- Lautze, J., and Giordano, M. 2007. Demanding Supply Management and Supplying Demand Management: Transboundary Waters in Sub-Saharan Africa. Journal of Environment and Development 16(3): 290-306.
- Lautze, J., and Giordano, M. 2007. A History of Transboundary Law in Africa. Chapter 5 in Grieco, M., Kitoussou, M., and Ndulo, M., eds. The Hydropolitics of Africa: A Contemporary Challenge. Cambridge Scholars Press.
- Lautze, J. and Giordano, M. 2006. Equity in Transboundary Water Law: Valuable Paradigm or Merely Semantics? Colorado Journal of International Environmental Law and Policy 17(1): 89-122.
- Lautze, J., and Giordano, M. 2005. Transboundary Water Law in Africa: Development, Nature, and Geography . Natural Resources Journal 45(4): 1053-1087.
- Thank you!