WATER CHALLENGES IN THE IGAD REGION : TOWARDS NEW LEGAL FRAMEWORKS FOR REGIONAL COOPERATION. Marcella Nanni
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1 WATER CHALLENGES IN THE IGAD REGION : TOWARDS NEW LEGAL FRAMEWORKS FOR REGIONAL COOPERATION Marcella Nanni
2 What is IGAD? 1986: Intergovernmental Authority on Drought and Development (IGADD) drought-related problems affecting the Greater Horn of Africa. 1996: Intergovernmental Authority on Development (IGAD) with expanded mandate current mission: to assist and complement the efforts of the member states to achieve, through increased cooperation, food security and environmental protection; promotion and maintenance of peace and security and humanitarian affairs, and, economic cooperation and integration (Agreement establishing IGAD). Member countries: Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan, Uganda (all Nile basin states except Djibouti & Somalia) 2000s: water resources (transboundary) on the agenda 2012: IGAD Water Programme (INWRMP)
3 Why an IGAD regional policy and legal framework for WR management? Many transboundary/shared water resources Uneven water distribution (different climatic conditions, but over 60% of the region is arid) -> competition for available resources Different levels of socio-economic development Need for development (& infrastructure) Recognition of water as development engine Different national approaches to water resources management Different stages of development of national policy, legal and institutional frameworks Therefore need for common approach
4 Surface (transboundary) water resources
5 Transboundary aquifers
6 Regional policy and legal frameworks: examples elsewhere in Africa SADC: regional integration 1992: SADC Treaty 1995: Protocol on Shared Watercourse Systems 1998: SADC Regional Strategic Action Plan (RSAP) for Integrated Water Resources Development & Management 2000: Revised Protocol 2005: Regional Water Policy 2006: Regional Water Strategy Watercourses agreements & commissions, authorities, boards (some earlier than Protocol) EAC: regional integration; common market 1999: EAC Treaty (Kenya, Tanzania, Uganda + Rwanda & Burundi in 2007) 2001: start of Lake Victoria Development Programme 2003: Protocol on Sustainable Development of Lake Victoria Establishment of LVBC Present: Regional Water Policy
7 SADC institutional framework Ministerial Committee Technical Committee Water sector coordinating unit Watercourse commissions, authorities and boards (OKACOM, LIMCOM, ZAMCOM, ORASECOM, etc.)
8 ADVANTAGES Better knowledge of the shared resources Improved dialogue and cooperation Common approaches to WR management and planning, within a basin context Harmonized national policy and legal frameworks THUS Demands may be met based on defined (& agreed) criteria -> equitable utilization Improved access to water and sanitation Better water quality Satisfaction of environment protection needs Conflicts prevented
9 Framework development process at IGAD 2012: Start of IGAD Water Programme (INWRMP) Result area 2: improvement of policy & legal frameworks Main output: draft regional policy & legal framework Regional Water Resources Policy Based on regional synthesis of national policy & legal frameworks Draws lessons from int l water law, similar regional policy & legal frameworks & existing basin agreements in the region (NRBCF) National & Regional Workshops (stakeholder participation) Endorsed by water ministers of member states 21 January 2015 Draft Regional Water Resources Protocol Informed by Policy Does not reinvent the wheel either Being further discussed under separate funding (INWRMP ended March 2015) Negotiation Committee established Must be approved by Assembly (heads of state & govt) upon recommendation of Council of Ministers Assistance provided to MS, upon request, to update national legislation for instance, new draft Water Law for Somalia
10 POLICY : MAIN CONTENT Brief situational analysis (context) Vision Objectives Scope Guiding principles Statements Regional cooperation (General) Development & poverty reduction (on water-using sectors) Protection & preservation (W quality & environment) Security from water-related disasters Information management Climate change WR development & management (core principles) Institutional framework Stakeholder participation & capacity building Financing
11 DRAFT REGIONAL PROTOCOL Art. 17 of IGAD Agreement Objectives: same as Policy Overall to promote closer cooperation in the equitable, sustainable and coordinated utilization, protection, conservation and management of transboundary/shared water resources in the IGAD region. Specific to promote and facilitate the establishment of agreements on, and institutional arrangements for, the management of transboundary/shared water resources in the IGAD region; to promote the approximation/harmonization of policies and legislation on the use, development, protection, conservation and management of transboundary/shared water resources, and of the resources related thereto; to promote research, technology development, awareness creation and capacity building in the development and management of transboundary/shared water resources.
12 Nature of provisions Many taken from UN Watercourses Convention Draft Articles on Transboundary Aquifers f.i., provisions on river basin or aquifer agreements.notification of planned measures GW-specific provisions Informed by Agreement on Nile RB Cooperative Framework But consider the situation on the ground (also Djibouti & Somalia) Substantive rules Equitable & reasonable utilization No significant harm And procedural rules Exchange of information Notification of planned measures Though, more specific as to the duties of member states
13 Situation-tailored provisions Resource monitoring Transboundary National Public participation In decision making relating to policies, plans and measures In project design, planning and implementation EIA Explicit duty to approximate policies & legislation Awareness raising
14 Institutional framework (Policy & Protocol) At IGAD level (regional) Institutional mechanisms for transbondary/shared surface water resources (river basins, lakes, etc.) Transboundary aquifers (commissions, committees, authorities, etc.)
15 IGAD institutional set up for WR Ministerial Committee on WR Adoption of policies/strategies Programme/project approval Important decisions Regional Technical Committee Formulation of policies/stategies; Preparation of the decisions of the ministerial committee Water Unit National Focal National Point Focal National Point Focal Point National Focal National Point Focal Point National Focal National Point Focal Point
16 Ministerial Committee provide policy directions for regional cooperation in the management of transboundary/shared water resources, and to the approximation/harmonisation of water-related policies, strategies, legislation, programmes and projects; review and provide guidance on regional water-sector policies and strategies; endorse regional water resources programmes; oversee and monitor the implementation of the IGAD Regional Water Resources Policy and Protocol; spearhead the mobilization of domestic and external resources for water-related programmes, projects and activities.
17 Regional Technical Advisory Committee advise the Ministerial Council on matters of MC competence; provide strategic guidance with regard to the implementation of regional water programmes; advise the Water Unit on: strengthening of WRM information systems and networks in IGAD region; regional priorities for water resources development and management; implementation of IGAD water programmes and projects, including their alignment with national, regional and global strategies and priorities; the introduction and implementation of capacity building and awareness creation programmes and strategies on water resources issues; facilitate the implementation of national activities connected to the above in the respective countries.
18 Water Unit support IGAD MS in the development and implementation of regional water-related policies and legal frameworks; support IGAD MS in the development and implementation of bi- or multinational projects and programmes concerning their transboundary/shared WR; upon the request of MS, assist in the development of national policies and legal frameworks, and of national water resources projects and programmes; facilitate the generation and sharing of water resources data and information; promote capacity development; support and coordinate awareness raising campaigns; promote and facilitate research and technological development; organize a Water Dialogue Forum once every two years; Prepare meetings of the Ministerial Council and of the TAC; coordinate implementation of IGAD Regional WR Policy & Protocol.
19 Policy & legal framework implementation Regional policy Regional protocol River basin/aquifer agreements National policy and legal frameworks (harmonized)
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