FSH 831: CONSERVATION AND MANAGEMENT OF AQUATIC RESOURCES

Management of Trans-boundary River Basin, Lake Basin and Marine Resources

By

Rose Bahati Machaku

NRM/PGF1/05/10

Lecturer: Dr. Philip Raburu

Date of submission:……………………………
Table of Contents
Introduction.................................................................................................................................................3
Management of trans-boundary River basin and Lake Basin resources......................................................5
The Niger Basin Authority........................................................................................................................5
The Senegal River Development Organization (OMVS)...........................................................................8
The Gambia River Basin Organization......................................................................................................9
Lake Chad Basin Commission (LCBC).....................................................................................................10
Kagera Basin Organization (KBO)...........................................................................................................10
The Okavango River Basin Commission.................................................................................................11
The Nile Basin Initiative.........................................................................................................................13
Lake Victoria Initiative...........................................................................................................................14
Management of transboundary marine resources....................................................................................16
The Indian Ocean Tuna Commission (IOTC)...........................................................................................16
Indian Ocean and South-East Asia (IOSEA)............................................................................................18
Convention on Migratory Species..........................................................................................................19
The United Nations Convention on the Law of the Sea (UNCLOS).........................................................21
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)..........24
The role of projects in management of transboundary aquatic resources................................................26
Agulhas and Somali Current Large Marine Ecosystems (ASCLME) project........................................26
Lake Victoria Environmental Management Project (LVMP)...............................................................26
WIO-LaB Project................................................................................................................................27
South West Indian Ocean Fisheries Projects......................................................................................29
Mara River Basin Project...................................................................................................................30
References.................................................................................................................................................33
Introduction

Natural resources that are becoming more politically, legally and ecologically complex,
increasing the need for not just more coordination between different agencies, stakeholders both
local and national levels but also with governments who must work across jurisdictional
boundaries. Contiguous states may collaborate to sustain shared ecosystems and solve common
problems. Indeed, many trans-boundary issues appear first at the regional level, affecting several
neighboring countries. Pollution of a shared river basin or loss of habitat across the migration
range of a species, for example, is as relevant at the regional as at the national level. No country
can cope effectively with shared environmental problems on its own. Trans-border systems of
environmental management are thus essential to securing agreements for, and implementation of,
specific action programs (Kimball, 1999). The last decade or more has witnessed a growing
focus on social and scientific research and policy-making in natural resources management and
the emergence of community-based natural resource management (CBNRM) as a popular
movement. More recently, factors such as globalisation and increasing efforts at achieving
regional economic integration have contributed to growing enthusiasm in transboundary natural
resource management (TBNRM) by NGOs, donors and the private sector as an additional natural
resources management movement. The meteoric rise of transboundary approaches is due to
several factors, including the need to better manage shared resources; the drive for economic
growth through regional integration and development; the need to promote peace and security;
and more external factors such as globalization and the agendas of international donors and
organizations. Numerous TBNRM initiatives have emerged and are being developed and
implemented at a rapid pace. After all trans-border cooperation is an absolute requirement in the
management of shared aquatic natural resources for several crucial reasons:

a. Species have no regard for international borders;

Conservation efforts must protect species at all points in their ranges. Such efforts in one country
will be ineffective if critical habitats are destroyed in a second country to which an animal
migrate. E.g. Efforts to protect migratory bird species in Northern Europe will not work if the
bird’s overwintering habitat in Africa is destroyed.

b. There is international trade in biological products.

A strong demand for a product in a wealthy country can result in overexploitation of the species
by people in the poor country to supply the demand. To prevent over exploitation, control and
management of the trade are required at both the point of export and import.

c. The benefits of biological diversity are of international importance.

The community of nations benefits from the species and varieties that can be used in agriculture
and medicine, ecosystems that help regulate climate and control flooding, and the national parks
and biospheres reserves of international scientific and tourist value.

d. Many of the factors that threaten ecosystems are international in scope and require
international cooperation. E.g. over fishing and hunting, atmospheric pollution, acid rain
pollution of lakes, rivers, global climatic change and ozone depletion.
Management of trans-boundary River basin and Lake Basin resources

There are 263 transboundary river basins in the world which cover over 45% of the land surface
and they account for about 80% of global river flows. Over 75% of all the countries, 145 in total
have within their boundaries shared river basins. Most transboundary basins are shared by two
countries. Many countries with limited water availability depend on shared water resources,
increasing the risk of conflict over the scarce resources hence the need for effective management
of the resources to ensure sustainable utilization. However, the progress in this area during the
last three or four decades has been rather limited. For example, of the 80 or so transboundary
lake/river basins in Africa, less than 10% have any kind of basin-wide agreements and
institutional arrangements for the integrated development of their water resources. In some rather
large transboundary river basins like the Congo, the Nile, the Zambezi and others, despite many
years of negotiations by the riparian countries, and external support agencies, any kind of basin-
wide institutional arrangements are yet to materialize. Even those few basins where such
institutional arrangements exist, suffered from a number of problems notably lack of strong
political commitment backed by substantive support from their member States; administrative
and managerial problems; and the general lack of support from global aid agencies. Some of the
initiatives that have been put in place for purposes of management of lake/river basin resources
are as highlighted below;

The Niger Basin Authority

The Niger Basin Authority is an intergovernmental organisation in West Africa aiming to foster
co-operation in managing and developing the resources of the basin of the River Niger. The
NBA is the transformation in late 1980 of the Niger River Commission (RNC) which was
established in 1964 through an agreement signed by nine riparian countries, namely: Benin,
Burkina Faso, Cameroon, Chad, Coté d’Ivoire, Guinea, Mali, Niger, and Nigeria. The Niger
Basin Authority defines its purpose as the promotion of cooperation among member countries to
ensure integrated development of resources. The organisation originally defined its mission as
the cooperative management of water resources, most notably, but not limited to, the Niger
River. While centering of water and hydroelectric resources, the NBA nations use the
orgainisation to harmonise development of energy, agriculture, forestry, transport,
communications, and industrial resources of the member nations. The NBA has worked to create
an "Integrated Development Plan of the Basin", especially focusing on cross boundary projects.
The NBA itself has been ceded no sovereign power over resources or management, and therefore
all regulation must be imposed by individual sovereign governments. While not the original
focus of the NBA, environmental protection from the threats of desertification, deforestation and
pollution of the rivers by agriculture and industry have become a major theme of their work

The broad objectives of NBA are:

i) To promote inter-state co-operation for integrated development of natural

resources of the river basin

ii) To promote harmonization of national development policies in this respect.

The specific objectives were:

(i) Promoting cooperation and harmonization of water resources policies and

programmes;

(ii) Planning sub-regional and bilateral projects;

(iv) Designing, implementing and maintaining common projects.

Provisions were also made for environmental damage prevention and control, and its
conservation including prevention and control of water pollution and promotion of human health
as well as flora and fauna in the basin. In 1981, the Authority set out to do the following:

i) Design and construct an inter-state multi-purpose hydroelectric project.

ii) Evaluate water resources of the basin.
iii) Model a sedimentation control scheme.
iv) Plan for agricultural development in the basin.
The NBA located at Niamey, Niger was loosely associated with two successful projects. These
are the Hydroniger - established in 1978 for hydrological monitoring and forecasting using real
time data transmitted by satellite; and the Agrymet Project for training and research into
hydrometeorology and agrometeorology.

Problems Faced:

a) Lack of adequate political support backed by technical and financial support from the member
countries.

b) Financial problems- Financial contributions by member countries have been irregular and ad-
hoc. Only Benin and the Nigeria are up to date with their contributions.

c) Institutional weaknesses: The NBA was unable to attract the support of donors. However,
things have started changing, particularly with the recent meeting of the Council of Ministers
which took place in Abuja, Nigeria in October 1998.

d) The HYDRONIGER, which is a major project of the NBA is plagued with the problem of
outdated technology at its disposal. With an efficient hydrological forecasting system, the
construction of new dams and hydro - agricultural projects can be planned with the backing of
reliable data and so also can the maintenance of existing dams. Data regularly released by
HYDRONIGER is of use to the dams, especially in Nigeria.

Achievements

a) The established forum for discussion has helped minimize conflicts in the sharing of resources
in the basin. Most areas of conflicts have been amicably resolved. The most recent example of
this is the effort to resolve the problem of management of the Benue river basin.

b) The regular meetings of representatives of all nine countries have assisted in strengthening
their relationship.

c) The HYDRONIGER system provides a means for hydrological forecasting on the flow pattern
of the river which assists the member countries in their drought or flood control activities. It also
provides valuable data for agricultural, hydro electrical, navigation, and other essential
developmental activities on the river Niger and its tributaries.
d) Desertification Control Project 1985 - 2001: This is a project financed by the Government of
Japan and executed by the Japan Agricultural Land Development Agency (JALDA) in
collaboration with the NBA. This study made it possible to collect substantial data on
hydrological, pedagogical and socio-economic information on 56 sites selected in the Niger
Basin, all having problems of desertification. Currently, three pilot stations have been established
in Niger, Burkina Faso and Mali. The major objective of this study is to develop strategies for
enhancing the living conditions of peoples living in desertified areas.

The Senegal River Development Organization (OMVS)

The Senegal River Development Organization (OMVS) was established in 1972 and is one of the
most successful transboundary river basin organizations in Africa.

The objectives of the OMVS are as follows:

1. Promotion of inter-country co-operation;

2. Co-ordination of technical, economic studies and other activities such as navigation,
irrigation, hydropower generation, environmental protection and conservation etc.
3. Regulation of river flow for irrigation, flood control, power generation and other purposes.

Two conventions signed by the three countries (Senegal, Mali & Mauritania) led to the
establishment of the OMVS. One provided for creating the OMVS itself (institutional
arrangement) and the other elaborated on more substantive project oriented issues including
rational management of natural resources in the basin as well as the environmental protection,
conservation and water quality management. This convention also placed emphasis on
agricultural and industrial activities in the basin.

Achievements

a) River flow regulation is through the construction of a storage reservoir at Manantali in the
upper reaches of the Senegal River. The controlled net flow of 300 m3 per second allows
irrigation of some 375,000 ha in three countries i.e. Senegal, Mali and Mauritania. It also allows
generation of 200 GWH of hydropower. The regulated flow further assures year-round
navigation in the river from Kayes to Saint-Louis - a stretch of some 900 kilometres.
b) A salt water prevention barrage has been built near the estuary of the river. In addition to
preventing saline water intrusion during the low river flow, the barrage also stores fresh water
that facilitates irrigation of some 30,000 ha. The navigation component included plans for
construction of a river port at Kayes and some ten intermediary port facilities downstream.

c) In the 1980s, two dams - one at Manantali and the other at Diamma - were constructed at costs
of some 700 million US dollars. The OMVS is now putting emphasis on other sectors such as
power generation, agriculture, forestry, livestock, fisheries, industry, minerals, transport and
communication, and health and environment protection.

The Gambia River Basin Organization

Since its conception, the OMVG has undertaken different studies on possibilities of
Hydropower-production, irrigation and control of salt water intrusion. In early 1980s, the OMVG
prepared a five year programme of action with financial and technical assistance from the UNDP
and the USAID. This programme included construction of two dams, storage reservoirs, with
associated hydropower development and irrigation schemes and a barrage for preventing salt
water intrusion during low flow of the river. The programme included measures to alleviate post-
dam adverse socio-economic and environmental effects in the basin. In late 1980s and early
1990s, OMVG prepared plans for the following specific projects:

(a) Kekreti dam for hydro power in Senegal

(b) Balingho dam in Gambia for preventing salt-water intrusion

(c) Konya multipurpose dam in Guinea

(d) Saltingho hydropower dam in Guinea-Bissau

The following are the current development programmes of OMVG:

• Integrated development of the Kaaryanga/Geba and Koliba/Gruba river basins

• The natural resources management project

• The energy development programme

 • The hydraulic development master plan which is completed and indicated that with the
construction of 4 dams in the basin, 350-360 MWH power could be generated and provide water
to 21,960 ha of irrigable land while limiting salt water intrusion up to almost 170 km inland.

Lake Chad Basin Commission (LCBC)

The intercountry agreement establishing the Lake Chad Basin Commission (LCBC) was signed
on 22 May, 1964. The signatory countries to the agreement were: Cameroon, Chad, Niger and
Nigeria. In 1994, the Central African Republic (CAR) joined the Commission because two major
rivers - the Chari and the Logone contributing to Lake Chad originate from the CAR. The
Commission’s headquarters is located in Ndjamena, Chad. Initially, the objectives were to
conduct studies on prevention of irrational exploitation of water resources of the lake and the
rivers running into it with a view to addressing the issue of preventing the gradual decrease in its
water volume.

In 1972, the Commission’s mandates were broadened to include activities related to socio-
economic growth of the basin. In 1973, a Lake Chad Basin Development Fund was created to
finance these activities and the member States were called upon to contribute 0.1% of their
respective national budgets to this Fund. In 1981, a five year action plan was prepared. It
included 19 projects including 10 aimed at improving the agricultural sector. It was estimated
that the action plan would require upto US$35 million for its implementation.

Achievements

1. The Commission was able to make significant contributions in agriculture, fisheries and
livestock. For example, five Agricultural Development centers have been established in the
member States of the Commission.

2. The Commission made efforts to address the issue of water volume reduction in the lake.

3) The Commission has also been successful in other equally important areas, such as in the
creation of a data bank for socio-economic and hydrological data, the rehabilitation of the
Documentation Centre, and a Remote Sensing Unit.
Kagera Basin Organization (KBO)

Cooperation and collaboration dates back to as early as 1968 in order to coordinate efforts to
develop water resources of the Kagera river basin. In 1971, an agreement was signed for setting
up the Kagera Basin Organization (KBO) with its headquarters in Kigali/Rwanda. The KBO
prepared a Plan of Action covering such areas as agriculture, energy, transport and
communication, small scale industries and environmental protection and conservation.

Achievements

1. The KBO prepared initial studies on networks of railways in the member States covering
thousands of kilometers; five road projects were planned and a sub regional project in
telecommunication funded by the African Development Bank.

2. In agriculture, several projects were undertaken including a project on control and eradication
of tse tse fly infestation in the member States; In environment protection, an afforestation project
in Uganda was considered as a priority.

3. KBO also carried out drainage studies in the Malindi Valley area for improving soil
conservation and livestock industry.

4. In energy, KBO carried out a feasibility study for the Rusomo Fall hydroelectric project.

The Okavango River Basin Commission

In September 1994, an interstate agreement was signed by the governments of Angola, Botswana
and Namibia. The agreement was based on the principles of International Law regulating the
transboundary waters (Helsinki Rules) and aimed at promoting and fostering close intercountry
cooperation for achieving environmental and other developmental needs of the concerned
countries with particular emphasis on equitable use and sustainable development of water
resources of the Okavango River.

The agreement facilitated the creation of the permanent Okavango River Basin Water
Commission (OKACOM). The Secretariat of OKACOM is expected to provide technical,
advisory and other support services to the member States concerning environmental
conservation, development and management of shared water resources.
The Commission consists of three delegations, one each from the three member States with each
delegation consisting of no more than three individuals. The Commission determines its own
rules of procedure, and decision making is based on negotiations among the concerned parties
followed by consensus. Disputes are expected to be resolved according to international laws, and
costs are to be borne by the member States.

The OKACOM advises the member States on determining long term water safe yields, its
anticipated demand, conservation techniques, equitable allocation and sustainable utilization of
water resources of the basin. Other activities include studies and assessment of waterworks
development projects in the basin, prevention of water pollution and measures to alleviate short
term water shortage problems, carry out reports and studies as requested by the member States.

In its course of action OKACOM found it necessary to establish a Steering Committee to

implement all the projects proposed in the plan of action. The Okavango River Steering
Committee (OBSC) is composed of two technical members from each riparian state and has the
mandate to advise the Commission on all technical matters. OBSC also has the capacity to
propose and implement projects for the lasting sustainability of the basin’s resources and its
environment.

The Plan of Action

100. In 1995, OKACOM declared its commitment to the implementation of an Environmental

Assessment (EA) and an Integrated Management Plan (IMP) for the basin. The proposal for the
EA and IMP recognized the threats to the basin and the need for joint management to protect
national interests. The actions required are articulated in what is referred to as the preparatory
assessment programme whose purpose is threefold:

(i) Establish Coordination and Consultation Mechanism. The aim here is to establish channels of
communication for effective coordination, consultation and cooperation among stakeholders.
This will enable stakeholders’ participation in the environment assessment and the development
of the Integrated Basin Management Plan.
(ii) Transboundary Diagnostic Assessment: OKACOM undertook a Transboundary Diagnostic
Assessment (TDA) study of the basin. This was meant to identify key areas of concerns and gaps
in knowledge of the physical and socio-economic system of the Okavango river basin.

(iii) Strategic Action Programme: This programme is aimed at structuring inputs and resources
prior to implementation of a larger joint programme of action. The SAP formulation will involve
completion of the TDA. Once this is completed, it will lead to the formulation of an Integrated
Basin Management Plan.

The Nile Basin Initiative

Early Agreements

Inter-country cooperation for integrated development and equitable utilization of the Nile waters
began as early as 1890s. In 1891, Britain representing Egypt and the Sudan, and Italy
representing Eritrea signed an agreement in Rome delineating the spheres of their respective
influence and demarcating the borders between Eritrea and the Sudan. In 1902, Ethiopia and
Britain signed an agreement in Addis Ababa relative to the frontiers between Ethiopia and the
Sudan and stipulating agreement relative to the maintenance of the Nile flow. In 1906, Britain
and Belgium (representing the Congo) signed an agreement in London stipulating similar
arrangements relative to the waters of the Semilike and Isango rivers flowing into Lake Albert.
In 1925, Britain and Italy signed another agreement which Ethiopia did not agree to. Ethiopia
then lodged a complaint to the then League of Nations. In 1929, an “agreement on the use of the
Nile waters was concluded between Egypt and Great Britain, the latter representing Uganda,
Kenya, Tanzania and the Sudan. This agreement was concluded by an exchange of letters
between the Egyptian Prime Minister and the British Ambassador in Egypt on May 7, 1929 in
Cairo. In the background of the Agreement, Egypt was allocated 48 billion m3 per year of the
Nile waters as its acquired right while that of the Sudan was 4 billion m3 per year. This was
based on the report of the Commission appointed by Egypt which produced a detailed report in
1925 providing a technical basis for the 1929 agreement.” (ECA 1995). In 1949, an agreement
was reached through exchange of notes between the United Kingdom (on behalf of Uganda) and
Egypt on the construction of a hydro-electric power project at owen-falls in Uganda. In 1991, the
Governments of Uganda and Egypt agreed on the extension of this hydro-power project. In 1959,
Sudan and Egypt signed an agreement “for full utilization of the Nile Waters” within the two
countries and for increasing its yield. A technical body named Permanent Joint Technical
Commission (PJTC) was formed by the two countries to carry out research, study and
hydrological survey on the Nile and for planning and supervision of implementation, operation
and administration of projects to increase the water yield of the Nile (ECA 1995).

Lake Victoria Initiative

Lake Victoria is a shared between Tanzania (49%), Uganda (45%) and Kenya 6%. In April 1997,
Uganda and Tanzania decided in Arusha, Tanzania to work towards a Treaty establishing an East
African Community (EAC) with a view to strengthening their economic, social, cultural,
political, technological and other ties for their balanced and sustainable development. Recently,
the Community (EAC) was formally launched again in Arusha/Tanzania by the Heads of State of
the three Community member countries. The objectives of the EAC were stated as “to develop
policies and programmes aimed at widening and deepening cooperation among the partner states
in political, economic, social and cultural fields; research and technology, defence, security, legal
and judicial affairs for their mutual benefit.” In Article 109 of the Treaty for the establishment of
the EAC (November 1999, Arusha, Tanzania) the partner States agreed to take concrete actions
to expand agricultural land through irrigation and better management of water catchment areas
within the sub region. Lake Victoria basin is one of the largest water basins in the sub-region and
as such efforts in recent years have been initiated for inter-country cooperation in technical
studies leading in the future to a Lake Victoria Basin Commission for integrated development of
natural resources in the basin. In 1999, a technical workshop was organized by EAC in
collaboration with ECA - on the problem of water hyacinth in the Lake Victoria basin in which
several other Nile basin countries as well as the EAC member countries participated. In Article
94 of the Treaty, the Partner States agree to integrate their efforts to control and eradicate the
water hyacinth menace and its effects on environment, fisheries and inland waterways transport.

Conclusions

Transboundary river/lake basin organizations (RBOs) play an important role in promoting,

coordinating, and implementing development programmes and projects in their respective basin
areas. The objectives of the most of the RBOs are to facilitate and coordinate the integrated
development and management of their respective basins. They also carry out the functions of
promoting sub regional cooperation. Some have even the functions of conflict resolution. While
some appear to emphasize on a catalytic role, others are involved in promoting basin-wide joint
development activities. At present, some of the existing RBOs in Africa are in poor state of
operation. They lack total confidence of their member States and suffer from lack of strong
political commitment and sustained financial support. They are also plagued with numerous
administrative, management, technical and financial problems. It is recommended that these
existing RBOs be revitalized, provided with necessary political and financial support so that they
can effectively perform the functions they were created for.
Management of transboundary marine resources

Many marine resources are often shared between countries and therefore their management
require cooperation at various geopolitical scales. However it has to be recognized that there are
at present inadequate institutional, legal and policy frameworks or mechanisms for managing
shared living marine resources across most of the region. There is a lack of capacity at the
national level and information is lacking, particularly with relation to the transboundary
distribution, dispersals and migrations of these organisms. This lack of knowledge represents a
major barrier to sustainable management of these shared marine resources, even if an adequate
mechanism for effective region-wide ecosystem-based management was in place. Despite the
international cooperation indicated by country participation in agreements and organizations and
heightened awareness throughout the regions that an integrated approach is required, the
knowledge base and technical and institutional capacity that are required to give effect to the
variety of agreements and commitments is a severe constraint for most of the countries. Large
marine ecosystems (LMEs) approach to management of trans-border marine resources has been
introduced to regions of ocean space encompassing coastal areas from river basins and estuaries
to the seaward boundary of continental shelves and the seaward margins of coastal current
systems. They are relatively large regions characterized by distinct bathymetry, hydrography,
productivity, and trophically dependent populations. To obtain information in support of
improved management practices, a five module strategy, which is called modular assessments,
has been developed for assessing and analyzing ecosystem-wide changes in (i) productivity, (ii)
fish and fisheries, (iii) pollution and ecosystem health, (iv) socio-economics, and (v) governance.

Some of the initiatives that have been developed in order to address the management of trans-
boundary marine resources are as discussed;

The Indian Ocean Tuna Commission (IOTC)

The Indian Ocean Tuna Commission (IOTC) is an intergovernmental organization established

under Article XIV of the FAO constitution. It is mandated to manage tuna and tuna-like species
in the Indian Ocean and adjacent seas. The area of competence of the Commission is the Indian
Ocean (defined for the purpose of this Agreement as being FAO statistical areas 51 and 57) and
adjacent seas, north of the Antarctic Convergence, insofar as it is necessary to cover such seas
for the purpose of conserving and managing stocks that migrate into or out of the Indian Ocean.

The objective of the Commission is to promote cooperation among its members with a view to
ensuring, through appropriate management, the conservation and optimum utilisation of stocks
covered by this Agreement and encouraging sustainable development of fisheries based on such
stocks. In order to achieve these objectives, the Commission has the following functions and
responsibilities, in accordance with the principles expressed in the relevant provisions of the
United Nations Convention on the Law of the Sea:

 to keep under review the conditions and trends of the stocks and to gather, analyse and
disseminate scientific information, catch and effort statistics and other data relevant to
the conservation and management of the stocks and to fisheries based on the stocks
covered by this Agreement;
 to encourage, recommend, and coordinate research and development activities in respect
of the stocks and fisheries covered by this Agreement, and such other activities as the
Commission may decide appropriate, including activities connected with transfer of
technology, training and enhancement, having due regard to the need to ensure the
equitable participation of Members of the Commission in the fisheries and the special
interests and needs of Members in the region that are developing countries;
 to adopt, on the basis of scientific evidence, conservation and management measures to
ensure the conservation of the stocks covered by this Agreement and to promote the
objective of their optimum utilisation throughout the Area;
 To keep under review the economic and social aspects of the fisheries based on the
stocks covered by this Agreement bearing in mind, in particular, the interests of
developing coastal states.

Conservation and management measures binding on members of the Commission must be

adopted by a two-thirds majority of members present and voting. Individual members objecting
to a decision are not bound by it. If objections to a measure are made by more than one-third of
the Members of the Commission, the other Members are not bound by that measure; but this
does not preclude any or all of them from giving effect. Recommendations concerning
conservation and management of the stocks for furthering the objectives of this Agreement need
only be adopted by a simple majority of its Members present and voting. It is under the
responsibility of Members to ensure that action is taken under their national legislation to
implement conservation and management measures which become binding on it.

The Members of the Commission are also expected to cooperate in the exchange of information
regarding any fishing for stocks covered by this Agreement by nationals of any State or entity
which is not a member of the Commission.

Indian Ocean and South-East Asia (IOSEA)

It is a Memorandum of Understanding on the Conservation and Management of Marine Turtles

and their Habitats of the Indian Ocean and South-East Asia that puts in place a framework
through which States of the Indian Ocean and South-East Asian region, as well as other
concerned States, can work together to conserve and replenish depleted marine turtle populations
for which they share responsibility. This objective will be achieved through the collective
implementation of an associated Conservation and Management Plan. The Memorandum of
Understanding and associated Conservation and Management Plan were developed over a series
of intergovernmental negotiation sessions held in Perth, Australia (October 1999), Kuantan,
Malaysia (July 2000), and Manila, Philippines (June 2001). The MoU came into effect on 1
September 2001, and the Signatory States held their first meeting in Bangkok in January 2003. A
small regional secretariat was established in April 2003, initially through voluntary funding, to
coordinate activities under the MoU. The IOSEA Marine Turtle MoU Secretariat is co-located
with the UNEP Regional Office for Asia and the Pacific (UNEP/ROAP), in Bangkok, Thailand.

The Memorandum of Understanding applies to the waters and coastal States of the Indian Ocean
and South-East Asia and adjacent seas, extending eastwards to the Torres Strait. For
implementation purposes, the area is divided into four sub-regions: South-East Asia and
Australia, Northern Indian Ocean, Northwestern Indian Ocean, and Western Indian Ocean. The
species of marine turtles covered by the MoU are the Loggerhead Caretta caretta, Olive Ridley
Lepidochelys olivacea, Green Chelonia mydas, Hawksbill Eretmochelys imbricata, Leatherback
Dermochelys coriacea, and Flatback Natator depressus.
In the context of sustainable development, the conservation and management of marine turtles
globally and within the Indian Ocean - South-East Asian region presents a formidable challenge.
Many communities still utilise marine turtles for their meat and eggs, as a source of protein, and
their shell for artisanal crafts. At the same time, marine turtles have both intrinsic and ecological
values as important components of marine ecosystems. Threatened or endangered in many parts
of the world, they are considered as flagship species on which to base interventions aimed at
protecting habitats of importance to a myriad of other marine species.

Major threats to marine turtles include unsustainable exploitation, destruction of nesting and
feeding habitats, and incidental mortality in fishing operations. The IOSEA MoU's Conservation
and Management Plan -- containing 24 programmes and 105 specific activities -- focuses on
reducing threats, conserving critical habitat, exchanging scientific data, increasing public
awareness and participation, promoting regional cooperation, and seeking resources for
implementation.

Various international agreements and national regulations strive to conserve and protect marine
turtles from excessive exploitation. Ultimately, however, the success of these initiatives depends
on effective implementation of measures by a wide range of actors -- governmental (at all
levels), non-governmental (NGOs, civil society) and intergovernmental. Not surprisingly, in the
face of other pressing development priorities, many countries lack the capacity and resources to
undertake conservation measures for these species -- notwithstanding their socio-economic value
and intrinsic worth. This makes it all the more important to offer support, assistance and
encouragement to build capacity among those who are the real custodians of these natural
resources. The Indian Ocean -- South-East Asian Marine Turtle Memorandum of Understanding
is playing its part by developing a well-coordinated network of interested stakeholders,
delivering a comprehensive programme of necessary interventions, and providing an inclusive
forum for regular review of implementation progress.

Convention on Migratory Species

The Memorandum of Understanding is a specialized intergovernmental agreement concluded

under the auspices of the Convention on the Conservation of Migratory Species of Wild
Animals. With its Secretariat based in Bonn, Germany, CMS leads international efforts to
conserve marine, terrestrial, and avian migratory species throughout their range. The Convention
and most of its subsidiary Agreements are administered by the United Nations Environment
Programme, headquartered in Nairobi, Kenya.

The Convention on the Conservation of Migratory Species of Wild Animals (also known as
CMS or Bonn Convention) aims to conserve terrestrial, marine and avian migratory species
throughout their range. It is an intergovernmental treaty, concluded under the aegis of the
United Nations Environment Programme, concerned with the conservation of wildlife and
habitats on a global scale. Since the Convention's entry into force, its membership has grown
steadily to include 115 (as of 1 March 2011) Parties from Africa, Central and South America,
Asia,EuropeandOceania.

As the only global convention specializing in the conservation of migratory species, their
habitats and migration routes, CMS complements and co-operates with a number of other
international organizations, NGOs and partners in the media as well as in the corporate sector.

Migratory species threatened with extinction are listed on Appendix I of the Convention. CMS
Parties strive towards strictly protecting these animals, conserving or restoring the places where
they live, mitigating obstacles to migration and controlling other factors that might endanger
them. Besides establishing obligations for each State joining the Convention, CMS promotes
concerted action among the Range States of many of these species. Migratory species that need
or would significantly benefit from international co-operation are listed in Appendix II of the
Convention. For this reason, the Convention encourages the Range States to conclude global or
regional Agreements.

In this respect, CMS acts as a framework Convention. The Agreements may range from legally
binding treaties (called Agreements) to less formal instruments, such as Memoranda of
Understanding, and can be adapted to the requirements of particular regions. The development of
models tailored according to the conservation needs throughout the migratory range is a unique
capacity to CMS.
Several Agreements have been concluded to date under the auspices of CMS. They aim to
conserve:

 Cetaceans of the Mediterranean Sea, Black Sea and Contiguous Atlantic Area
 Small Cetaceans of the Baltic, North-East Atlantic, Irish and North Seas
 Seals in the Wadden Sea
 African-Eurasian Migratory Waterbirds
 Albatrosses and Petrels

In addition, several Memoranda of Understanding (MoU) have been concluded to date under
the auspices of CMS. They aim to conserve:

 Marine Turtles of the Atlantic Coast of Africa

 Marine Turtles and their Habitats of the Indian Ocean and South-East Asia
 Aquatic Warbler
 Cetaceans and their Habitats of the Pacific Island Region
 Dugongs and their Habitats
 Eastern Atlantic Populations of the Mediterranean Monk Seal
 Small Cetaceans and Manatees of West Africa
 High Andean Flamingoes and their Habitats
 Sharks

A Secretariat under the auspices of the United Nations Environment Programme (UNEP)
provides administrative support to the Convention. The decision-making organ of the
Convention is the Conference of the Parties (COP). A Standing Committee provides policy
and administrative guidance between the regular meetings of the COP. A Scientific Council
consisting of experts appointed by individual member States and by the COP, gives advice on
technical and scientific matters.

The United Nations Convention on the Law of the Sea (UNCLOS)

The (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is
the international agreement that resulted from the third United Nations Conference on the Law of
the Sea (UNCLOS III), which took place from 1973 through 1982. It defines the rights and
responsibilities of nations in their use of the world's oceans, establishing guidelines for
businesses, the environment, and the management of marine natural resources. To date, 161
countries and the European Community have joined in the Convention.

The convention introduced a number of provisions. The most significant issues covered are
setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones
(EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of
the marine environment, scientific research, and settlement of disputes.

The convention set the limit of various areas, measured from a carefully defined baseline.
(Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented,
has fringing islands or is highly unstable, straight baselines may be used.) The areas are as
follows:

Internal waters 

Covers all water and waterways on the landward side of the baseline. The coastal state is free to
set laws, regulate use, and use any resource. Foreign vessels have no right of passage within
internal waters.

Territorial waters 

Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and
use any resource. Vessels were given the right of innocent passage through any territorial waters,
with strategic straits allowing the passage of military craft as transit passage, in that naval vessels
are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is
defined by the convention as passing through waters in an expeditious and continuous manner,
which is not “prejudicial to the peace, good order or the security” of the coastal state. Fishing,
polluting, weapons practice, and spying are not “innocent", and submarines and other underwater
vehicles are required to navigate on the surface and to show their flag. Nations can also
temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is
essential for the protection of its security.
Archipelagic waters 

The convention set the definition of Archipelagic States in Part IV, which also defines how the
state can draw its territorial borders. A baseline is drawn between the outermost points of the
outermost islands, subject to these points being sufficiently close to one another. All waters
inside this baseline are designated Archipelagic Waters. The state has full sovereignty over these
waters (like internal waters), but foreign vessels have right of innocent passage through
archipelagic waters (like territorial waters).

Contiguous zone 

Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from
the territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce
laws in four specific areas: pollution, taxation, customs, and immigration.

Exclusive economic zones (EEZs) 

These extend from the edge of the territorial sea out to 200 nautical miles from the baseline.
Within this area, the coastal nation has sole exploitation rights over all natural resources. In
casual use, the term may include the territorial sea and even the continental shelf. The EEZs were
introduced to halt the increasingly heated clashes over fishing rights, although oil was also
becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was
soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in
waters 4000 metres deep. Foreign nations have the freedom of navigation and overflight, subject
to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables.

Continental shelf 

The continental shelf is defined as the natural prolongation of the land territory to the continental
margin’s outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater.
A state’s continental shelf may exceed 200 nautical miles until the natural prolongation ends.
However, it may never exceed 350 nautical miles from the baseline; or it may never exceed 100
nautical miles beyond the 2,500 meter isobath (the line connecting the depth of 2,500 meters).
Coastal states have the right to harvest mineral and non-living material in the subsoil of its
continental shelf, to the exclusion of others. Coastal states also have exclusive control over living
resources "attached" to the continental shelf, but not to creatures living in the water column
beyond the exclusive economic zone.

Aside from its provisions defining ocean boundaries, the convention establishes general
obligations for safeguarding the marine environment and protecting freedom of scientific
research on the high seas, and also creates an innovative legal regime for controlling mineral
resource exploitation in deep seabed areas beyond national jurisdiction, through an International
Seabed Authority and the Common heritage of mankind principle. Landlocked states are given a
right of access to and from the sea, without taxation of traffic through transit states.

CITES (the Convention on International Trade in Endangered Species of Wild Fauna and
Flora)
CITES is an international agreement between governments. Its aim is to ensure that international
trade in specimens of wild animals and plants does not threaten their survival.

Levels of exploitation of some animal and plant species are high and the trade in them, together
with other factors, such as habitat loss, is capable of heavily depleting their populations and even
bringing some species close to extinction. Many wildlife species in trade are not endangered, but
the existence of an agreement to ensure the sustainability of the trade is important in order to
safeguard these resources for the future.

Because the trade in wild animals and plants crosses borders between countries, the effort to
regulate it requires international cooperation to safeguard certain species from over-exploitation.
CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of
protection to more than 30,000 species of animals and plants, whether they are traded as live
specimens, fur coats or dried herbs.

CITES is an international agreement to which States (countries) adhere voluntarily. States that
have agreed to be bound by the Convention ('joined' CITES) are known as Parties. Although
CITES is legally binding on the Parties – in other words they have to implement the Convention
– it does not take the place of national laws. Rather it provides a framework to be respected by
each Party, which has to adopt its own domestic legislation to ensure that CITES is implemented
at the national level.
CITES works by subjecting international trade in specimens of selected species to certain
controls. All import, export, re-export and introduction from the sea of species covered by the
Convention has to be authorized through a licensing system. Each Party to the Convention must
designate one or more Management Authorities in charge of administering that licensing system
and one or more Scientific Authorities to advise them on the effects of trade on the status of the
species.
The role of projects in management of transboundary aquatic resources

Donor funded projects are increasingly contributing towards the management of aquatic
resources. Though short-lived the transboundary approach that most of them are given helps in
generation of vast amount of information about the aquatic ecosystems and resources on a trans-
border scale. This information is important in the development of management action plan that
would help govern the aquatic resources. Some of such projects are highlighted below;

Agulhas and Somali Current Large Marine Ecosystems (ASCLME) project

It is being undertaken nine countries of the western Indian Ocean region, including Comoros,
Kenya, Madagascar, Mauritius, Mozambique, Seychelles, Somalia, South Africa and Tanzania
with the following objectives;

 to gather new and important information about ocean currents and how they interact with
and influence the climate, biodiversity and economies of the western Indian Ocean
region;

 to document the environmental threats that are faced by the countries of the region in a
Transboundary Diagnostic Analysis (TDA);
 to develop a Strategic Action Programme (SAP) which sets out a strategy for the
countries to collectively deal with transboundary threats;
 to strengthen scientific and management expertise, with a view to introducing an
ecosystem approach to managing the living marine resources of the western Indian Ocean
region.

Lake Victoria Environmental Management Project (LVMP)

Lake Victoria Environmental Management Project is a comprehensive regional development

programme that covers the whole of Lake Victoria and its Catchment areas. It was
implemented jointly by the Republic of Kenya, the United Republic of Tanzania and the
Republic of Uganda. The overall project level vision is: A stable Lake Victoria ecosystem
capable of meeting demand for food, income, safe water, employment, disease free
 environment and a conserved biodiversity. In order to achieve this level vision, the project
has the following development objectives:

 to maximize the sustainable benefits to riparian communities of the lake basin from using
resources within the Catchment to generate food, employment, income, supply safe water
and sustain a disease free environment;
 to conserve biodiversity and genetic resources for the benefits of both the riparian and
global communities;
 and to harmonize national and regional management programmes in order to achieve to
the maximum extent possible the reversal of environmental degradation.

The Project therefore aims at collecting information on the environmental status of the lake, its
Catchment and the practices being used by the communities living around the lake, institution
establishment, capacity building, actions to deal with environmental problems of the lake and its
Catchment, water hyacinth control, improving water quality and land use management,
sustainable utilization of the wetlands for both their buffering capacity and the products therein.
The central concern is to reduce the flow of nutrients and pollutants into the lake and reverse
some of the adverse environmental developments of the past.

WIO-LaB Project

The broad goal of the Project “Addressing land-based Activities in the Western Indian
Ocean (WIO-LaB)” was to address the degradation of the marine and coastal environment due
to land-based activities in countries bordering the Western Indian Ocean (WIO).

It demonstrated to countries in the WIO region, the various sustainable approaches for tackling
the degradation of the marine and coastal environment due to land-based activities.

The Project was executed within the framework of the Nairobi Convention for Protection,
Management and Development of the Marine and Coastal Environment of the Eastern African
Region covering 10 States of Comoros, France, Kenya, Madagascar, Mauritius, Mozambique,
Seychelles, Somalia, Tanzania and Republic of South Africa
It created a strong partnership between the countries of the Western Indian Ocean (WIO) Region,
the Norwegian government, United Nations Environmental Programme (UNEP), and the Global
Environmental Facility (GEF).

Project Outcomes:

1) Improved the knowledge base, and established regional guidelines for the reduction of stress
to the marine and coastal ecosystem by improving water and sediment quality;

2) Strengthened the regional legal basis for preventing land-based sources of pollution; and

3) Developed regional capacity and strengthened institutions for sustainable, less polluting
development.

Project Achievements

1) Development and finalization of two major products mainly;

 Protocol for the Protection of the Marine and Coastal Environment of the Western Indian
Ocean from Land-Based Sources and Activities (LBSA Protocol) which was adopted on
adopted on 31 March, 2010;
 The Strategic Action Programme (SAP) for the Protection of the Western Indian Ocean
from Land-Based Sources and Activities which was endorsed on 31 March, 2010.

2) Demonstration Projects

A key part of the WIO-LaB Project was to provide assistance to participating countries to
implement demonstration projects at a number of hotspots and sensitive areas in the WIO region.
These projects were intended to demonstrate innovative, appropriate and cost-effective technical
and managerial approaches for addressing the impacts of land-based sources and activities. The
demonstrated projects

Other WIO-LaB achievements included;

  Development of the Nairobi Convention Clearinghouse and Information Sharing System;
and
 Production of technical reports for example; the Regional Marine Litter Assessment.

South West Indian Ocean Fisheries Projects

The West Indian Ocean (WIO) is the site of some of the most dynamic and variable large marine
ecosystems (LMEs) in the world. Large currents with complexities such as the Agulhas Current
retroflection, migrating anti-cyclonic eddies in the Mozambique Channel and di-polar vortices
off East Madagascar induce variability into ecosystems of the region. In addition, coupling
between atmospheric circulation and ocean processes lead to extensive monsoon systems that in
turn lead to the development of unique events, such as the seasonal Somali LME, one of the most
intense and nutrient-rich coastal upwelling systems in the world. Similarly, the Agulhas LME, to
the south, represents a region of dynamic nutrient cycling and associated fisheries potential.
These two large LMEs, as well as the influence of the 2 000 km long Mascarene Plateau, have a
profound basin-wide and transboundary influence over the region’s ecosystems, biodiversity and
fishery resources (Spencer et al. 2005). These WIO LMEs are unique and of great regional, and
probable global, importance. Yet there is generally little information about these LMEs and the
systems or mechanisms that link them. Nor is there adequate and specific information about the
species composition, distribution, and behavior and migration patterns of fishery resources
associated with these systems (www.wiofish.org). At their present level of economic
development, countries of the WIO region are neither able to estimate the potential of their
marine ecosystems nor to draw sustainable long-term benefits from them.

The world’s marine environment has been divided into 19 major fishing areas by the Food and
Agriculture Organization of the United Nations (FAO). One of the largest of these is the West
Indian Ocean, accounting for some 8% of total marine waters, at 30 million square kilometers.
While global trends in fish landings for most of the 19 areas are negative, the West Indian Ocean
has maintained a steady rate of increase in total landings. This has largely been as a result of the
increased harvest of tuna and tuna-like species, along with recent additions of tooth fish and
orange roughly. While the FAO reports that total catch is relatively modest at about 4 million,
only 4.6% of the worlds total marine fish landings, it is seen by distant fleets as an opportunity to
offset their decreased landings from other regions. This body of water provides sustenance and
job opportunities to an ever-increasing human population, but riparian countries lack the capacity
to draw appropriate benefits from the resources in their exclusive economic zones (EEZ).
Furthermore, the Indian Ocean is the only ocean fully surrounded by developing countries, with
close on half the world’s population residing in countries that edge on it. The challenges faced in
meeting expectations and demands are enormous – more especially so in times of drought,
climate change and unsettled socio-economic conditions.

Recognizing these facts, countries of the region have developed a collaborative project that
embraces their own fishery-related needs and expectations in a regional and transboundary
context. Known as the South West Indian Ocean Fisheries Project (SWIOFP), implemented by
the World Bank, it is one of a trio of linked GEF-supported projects that that is set to provide an
overall transboundary diagnostic analysis (TDA) and associated Strategic Action Plan (SAP).

Mara River Basin Project

(Date: 2007-2008; Client: Nile Basin Initiative, Nile Equatorial Lake Subsidiary Action
Program)

The Mara River Basin (13,325 Km 2) is shared by Kenya and Tanzania. The river originates from
the forested Mau Escarpment along the western rim of the Eastern Great Rift Valley in Kenya (at
an altitude of 2,900 meters above sea level), meanders through large scale agricultural farms,
enters the Masai-Mara and Serengeti National Parks in Kenya and Tanzania, and ends its 400
Km journey in Lake Victoria by the City of Musoma (at 1133 meters above sea level). Annual
rainfall on the Mara headwater watersheds ranges from 1400 to 1800 mm, while the lower
regions receive only about 500 to 800 mm. Mara’s contribution to Lake Victoria amounts to
approximately 5% of the total lake tributary inflow. 

The Mara Basin is home for 1.1 million people (775,000 of whom live in Kenya and 325,000 in
Tanzania) who are mostly engaged in agricultural activities. Musoma (Tanzania) and Bomet
(Kenya) are the largest urban centers with about 120,000 and 95,000 residents respectively. The
rest of the population lives in rural areas, with a very high percentage (up to 64%) being below
the poverty line.
The Mara ecosystem includes the world famous Maasai Mara game reserve in Kenya and the
Serengeti national park in Tanzania. The Mara-Serengeti is a World Heritage site and a
Biosphere Reserve of global conservation significance and of great economic importance to the
local communities in Kenya and Tanzania.

The Mara River Basin faces serious environmental and water resources problems, primarily from
the intensive settlement and cultivation in the Mara River Basin leading to loss of vegetation
cover, widespread soil erosion, decreased water infiltration capacity, decreased soil fertility, and
increased sedimentation and water polution in the rivers.  

The project undertaken by WREM International has the following principle aims:

(1)         To review and analyze the Legal, Institutional and Policy frameworks in Kenya and
Tanzania, and recommend amendments for a harmonized framework to facilitate joint planning
and management of the Mara River Basin water resources; and

(2)     To develop a River Basin development (investment) strategy.

This project is on-going and addresses a wide range of specific objectives:

(i) Assess the legal, policy and institutional frameworks for implementation of the Mara
transboundary integrated water  resources management and development Project and provide
recommendations on areas of harmonization;

(ii) Develop and recommend a joint cooperative framework for the management and
development of the Mara Basin;

(iii) Develop strategies and an action plan to promote the active participation of all stakeholders
including women, the private sector and NGOs/CBOs in transboundary Integrated water
resources management;

(iv) Compile all water related data into an information database for the Mara River Basin;

(v) Develop a comprehensive Monograph for the Mara River;

(vi) Develop and assess potential water development scenarios in the Mara River Basin and
formulate an investment strategy that foster socio-economic growth while ensuring
environmental and ecological sustainability.   
References