prompting and strengthening transboundary water cooperation: … · 2018-02-09 · • bridge has...

INTERNATIONAL UNION FOR CONSERVATION OF NATURE

Prompting and strengthening transboundary water cooperation:

Can a benefit focus help?

Dr. Alejandro Iza Director, Environmental Law Centre

Head, Environmental Law Programme


Outline

• BRIDGE

• Practical experiences

• Instruments to anchor cooperation


BRIDGE


BRIDGE

BRIDGE: (Building River Dialogue and Governance):

• Supports capacities of countries in shared basins to adopt effective arrangements to ensure international cooperation

• Promotes the achievement and implementation of agreements and institutions for effective water governance at local, national, basin and global levels


Methodology

Demonstration Learning Dialogue Leadership

Advice and Support


Where?


PRACTICAL EXPERIENCES


Mano River Basin • Lenght:320 km

• Basin: 8,250 km2

• Shared between:

– Guinea(GIN) – Liberia (LBR) – Sierra Leone (SLE)

• Population in the basin:

179,952

TWAP


Mano River Basin: Background

• Political unrest and civil wars – 1989-1996, 1999-2003 Civil wars in Liberia – 1991-2002 Civil war in Sierra Leone – 2010 First free and fair election in Guinea

its since independence in 1958

• Ebola – Late 2013, Ebola virus was diagnosed in the

forest region of Guinea – Mid 2014, the epidemic spread in Liberia,

Guinea and Sierra Leone – August 2014, the World Health

Organisation (WHO) Ebola was declared a global health emergency

– At least, 15,227 people infected and 11,310 people death

– The epidemic gravely affected the political stability and security of the region


Mano River Basin: Legal and institutional aspects

• Mano River Union: – 1973, establishment of the Mano River Declaration

– A Customs Union between Liberia and Sierra Leone

– 1983, Guinea accedes the Union

– 2008, Cote d´Ivoire acceded the Union

• Objectives: – Promote cooperation in international trade – Ensure fair distribution of benefits from economic cooperation

– Secure peace and cooperation


Mano River Basin: How was cooperation possible?

• MRU promoted the establishment of national platforms for dialogue to address issues related to the degradation of water resources, climate change and prevention of conflicts

• The national platforms are integrated by experts, civil society, water users, groups of women, religious authorities, etc. and led by National Ministries in charge of the management of water resources

• 2015, States established the Transboundary Water Resource Management Committee of the Mano River Basin

• The Management Committee serves as a platform to share experiences, find solutions to common problems and

implement the Integrated Resource Management activities of the Mano River Basin.

• The organs of the Management Commitee are: – The General Assembly – The Eecutive Bureu – The Ad Hoc Committee


Mano River Basin: BRIDGE Project

• BRIDGE has supported the Transboundary Committee to hold the General Assemblies

• First session in February, 2016 in Kenema, Sierra Leone

• Second session in November 2016 in Monrovia, Liberia

• Third session in August, 2017 in Kenema, Sierra Leone


Zoumanigui KOIKOI (Guinea) “We have to work towards the wellbeing of future generations”

Ruth K. VARNEY (Liberia)

“Women should be more informed and more involved”

Augustine A. SANNOH (Sierra Leone) “It is essential that our people cooperate and keep constant dialogue”

Mano River Basin: Transboundary Committee Sessions


Mano River Basin: Messages

• In a scenario like the Mano River Basin, the role of

non-state actors becomes a priority to secure the continuum of cooperation.

• A fundamental step towards water cooperation has been the work at the local level, strengthening local stakeholder’s capacities.

• The National Platforms and the Transboundary Committee have promoted cooperation on shared waters and also contributed to prevent potential conflicts and secure peace


Zarumilla River Basin • Lenght:62,5 km

• Basin: 1,628 km2

• Shared between:

– Ecuador (ECU) – Peru (PER)

• Population in the basin:

198,291

TWAP


Zarumilla River Basin: Background

• Border disputes since independence from Spain – Ecuador, 1809 – Peru, 1821

• War of 1941

• Paquisha War, 1981

• Cenepa War, 1995


Zarumilla River Basin: Legal and institutional aspects

• 1942, Protocol of Peace, Friendship and Boundaries (Rio de

Janeiro Protocol) • 1971, Agreement for the use of Binational Water Basins

– Binational Project Puyango-Tumbes Basin

• 2009, Agreement to establish the Zarumilla Basin Commission

• 1998, Peace Agreement – Bilateral Agreement for Border Integration, Development

and Neighbourhood – Establishment of a Binational Commission, four Technical

Committees and a Development Plan for the Border

• 2017, Agreement for the establishment of the Binational Commission for the Integrated Management of Water Resources of Transboundary River Basins


Zarumilla River Basin: Benefits of cooperation

• The 1998 Peace Agreement led to create a broad basket of benefits deriving from bilateral cooperation.

• Benefits are more visible in border areas which before the Peace Agreement were not a priority in national development plans.

• Joint public investment is now being directed into border areas with infrastructure development (bridges, roads, sanitation) all of which triplicated trade and created more opportunities for local communities.

• Private sector expanded, particularly in agriculture, electricity, mining and tourism

• Trade between Ecuador and Peru before 1998 was worth around USD 300 million; in 2017 increased to USD 2000 million.

• Water has been not only a driver of cooperation but also the main beneficiary, as a significant part of the benefits deriving from public and private investment are implemented in those areas.

• In the end, borders and water were a source of conflict but also of peace, and ultimately, the main

beneficiaries of diplomacy and cooperation.


Zarumilla River Basin: Messages

• Political will has been a key driver of trust between Ecuador and Peru.

• Peace was key to increase social, economic and environmental benefits, particularly in the border areas.

• Political stability stimulated public, private and international investment in both countries.

• The establishment of the Binational Commission constitutes a catalyst for more water cooperation in the region.

UNESCO, Transboundary Biosphere Reserve (Bosques de Paz)


INSTRUMENTS TO ANCHOR COOPERATION


Instruments to anchor cooperation • 1997, UN Watercourses Convention

– Article 5: Equitable and reasonable utilization and participation – Article 8: General obligation to cooperate – Article 9: Regular exchange of data and information

• 1992, UNECE Water Convention

– Article 2.6: Cooperation on the basis of equality and reciprocity – Article 9: Bilateral and multilateral cooperation – Article 11: Joint monitoring and assessment

• 2000 SADC Protocol

– Article 3(5)

• 2000 ORASECOM Agreement

– Article 7.1

• 1995 Mekong River Agreement

– Article 1

• 1973, La Plata Treaty

– Preamble


Instruments to anchor cooperation: Messages

• Formal agreements are negotiated between sovereign States reflecting the rules and principles of International Law.

• Considering the very nature of water and the multiple relationships that it entails at different

levels (local, national, basin, global), it requires more than one type of agreement (treaties) to be effective.

• The negotiation of a treaty might not be enough to address all existing and future challenges in a transboundary basin.

• Formal agreements serve to anchor cooperation, but cooperation does not depend of a single treaty, it needs to be continuously built.

• Transboundary basins are complex. Agreements in this sense, need to be flexible and negotiated at different levels.


Godesberger Allee 108-112 53175 Bonn

Germany

Phone: ++49 - 228 - 2692 - 231 Fax: ++49 - 228 - 2692 – 250

Email: [email protected]

Environmental Law Centre

prompting and strengthening transboundary water cooperation: … · 2018-02-09 · • bridge has...

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