the african transboundary water law database collection,analysis, findings
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THE AFRICAN TRANSBOUNDARY WATER LAW DATABASE:
Collection, Analysis, Findings
Mark Giordano&Jonathan Lautze
Presented at IWMI HQ, BattaramullaJanuary 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, ANBO4) • 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.,
– Basin(s) involved, Signatories involved, Year signed, goal(s)
– Conceptual Water Allocation Criteria, Quantified Allocation of Water, provision for Monitoring and Exchange of Data. Reference to Water Quality. Reference to Equitable Use
• Placed database with classifications on line: www.africanwaterlaw.org
CPWF1: Challenge Program on Water and Food
OSU TFDD2: Oregon State University, The Transboundary Freshwater Dispute Database
AWIRU3: African Water Issues Research Unit
ANBO4: Africa Network of Basin Organizations
Home Page
Background
Instructions
Search
Bibliography
Links
AcknowledgementsContact Us
Search by Basin
Search by Country or Organization
Source: <www.africanwaterlaw.org>
Home Page
Background
Instructions
Search
Bibliography
Links
AcknowledgementsContact 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
5Treaty 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
7Agreement 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? EquityNeedsPrior Use/Historical Precedent
Basin(s) Involved IncomatiMaputo
Signatories MozambiqueSouth AfricaSwaziland
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 area0
25
50
75
100
Run-Off
Land AreaPopulation
Equity Agreements
Agreements Making no
Reference to Equity
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
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 normsmay be applied too uniformly given diversityof 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 AMCOW1, 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
AMCOW1: African Ministers’ Council on Water
CFR2: 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!
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