Water Conventions with main focus

on the Revised SADC Protocol on

Shared Watersources
Group 11
Tafadzwa Mugadza
Melissa Y Sidindi
Surprise Chomola
Hildah Mabodongwa
Water Conventions
Are international environmental agreements with the
purpose of improving national attempts and measures
for protection and management of transboundary
surface waters and groundwaters
States are obliged to cooperate and create joint bodies
for management of transboundary watersources
Water conventions
Provide for monitoring, research, development,
consultations, warning and alarm systems, mutual
assistance and access as well as exchange of
information
Revised Protocol on Shared Watercourses in
SADC
Was the first binding agreement among SADC
member states illustrating the important role of water
within the region
Originally drafted in 1995 to align with Helsinki Rules
Revised to reflect the 1997 UN Convention
Revised Protocol was signed in 2000 and came into
force in 2003
Revised Protocol on Shared Watercourses in
SADC
Defines watercourses as “a system of surface waters
and ground waters constituting by virtue of their
physical relationship a unitary whole normally flowing
into a common terminus such as a sea, lake or aquifer.”
A watercourse state is a state ‘in whose territory part of
thewatercourse is situated.”
Emphasizes on taking a basin wide approach to water
management rather than emphasizing the principle of
territorial sovereignty
Revised Protocol Objectives
Overall objectives are:
 Improving cooperation to promote sustainable and
coordinated management, protection and utilisation
of transboundary watercourses
 Promoting SADC Agenda of Regional Integration and
Poverty Alleviation
Revised Protocol Objectives
continued..
Objectives to be achieved by seeking to:
 Promote and facilitate establishment of shared watercourse
agreements and institutions for management of shared
watercourses
 Advance the sustainable, equitable and reasonable utilization of the
shared watercourses
 Promote a coordinated and integrated environmentally sound
development and management of shared watercourses
 Harmonize and monitor legislation and policies for management
and protection of shared watercourses
 Promote research, information exchange and technological
development and application in shared watercourses management.
Special Provisions of Revised Protocol
(Article 4)
Article 4 provides for guidelines regarding:
 Planned Measures by State Parties
 Environmental Protection and Preservation
 Management of Shared Watercourses
 Prevention and Mitigation of Harmful Conditions
 Emergency Situations
Planned Measures by State Parties

State parties shall exchange information and consult each

other on possible effects of planned measures
In case of possible adverse effects, the notified state shall
be allowed a period of 6 months to study and evaluate the
possible effects and communicate the findings to the
notifying State
During the period of reply, the notifying State shall not
implement the planned measures without the consent of
the notified States
If no reply is received within the 6 month period, the
notifying state may proceed with the planned measures
Environmental Protection and Preservation

States shall individually or jointly prevent, reduce and

control the pollution and environmental degradation
of a shared watercourse
Protection and preservation of ecosystems of a shared
watercourse
Introduction of alien or new species
Protection and preservation of the aquatic
environment
Management of Shared Watercourses
States shall:
 enter into consultations concerning the
management of a shared watercourse
 cooperate in the regulation of the flow of the waters
of a shared watercourse
 shall employ, within their respective territories, best
efforts to maintain and protect installations, facilities
and other works related to a shared watercourse. These
works and installations shall enjoy protection in
accordance to international law
Prevention and Mitigation of Harmful Conditions

States shall:
 take appropriate measures to prevent and mitigate
conditions related to a shared watercourse that may be
harmful to other Watercourse States whether resulting
from natural or human conduct
 Require any person to first obtain a permit, licence or
other similar authorisation from the relevant authority
before using the shared watercourse for purposes
other than domestic or environmental use
Emergency Situations

State Parties shall, without delay, notify other

potentially affected States, the SADC Water Sector
Coordinating Unit and competent international
organisation of any emergency situation within their
respective territories and supply the necessary
information to such affected states and competent
organizations for prevention, mitigation and
elimination of harmful effects of the emergency
INSTITUTIONAL FRAMEWORK FOR
IMPLEMENTATION (Article 5)
Established Institutions for implemenation of the
Protocol are:
 SADC Water Sector Organisations:
i. The Committee of Water Ministers
ii. The Committee of Water Senior Officials
iii. The SADC Water Sector Coordinating Unit
iv. The Water Resources Technical Committee and sub-
Committees
 Shared Watercourses institutions
SETTLEMENT OF DISPUTES
(Article 7)
State Parties shall strive to resolve disputes amicably
in accordance with the principles in Article 4 of the
Treaty
Disputes not resolved amicably will be referred to the
Tribunal
If a dispute arises between SADC and a State Party, a
request shall be made for an advisory opinion in
accordance with Article 16 (4)
SIGNATURE (Article 8)
The Protocol shall be signed by the duly authorised
representative of the Member States
RATIFICATION (Article 9)
The Protocol shall be ratified by the signatory States in
accordance with their constitutional procedures
ENTRY INTO FORCE (Article 10)
Protocol and any subsequent amendments shall enter
into force 30 days after the deposit of the instruments
of ratification by 2/3 of the Member States
AMENDMENT (Article 12)
An amendment shall be adopted by a decision of three
quarters of the Summit
WITHDRAWAL (Article 13)
State Party can withdraw upon expiration of 12
months from date of giving to the Executive Secretary
a written notice to that effect
TERMINATION (Article 14)
The Protocol may be terminated by a decision of ¾ 0f
the Members of the Summit
THANK YOU .….