INTERNATIONAL CONVENTIONS ON TRANSBOUNDARY WATERS. Global Solution to Regional Challenges. Nataliya Nikiforova UNECE

Transcription

1 INTERNATIONAL CONVENTIONS ON TRANSBOUNDARY WATERS Global Solution to Regional Challenges Nataliya Nikiforova UNECE Luanda, 24 a 27 de Setembro de 2013 CONFERÊNCIA INTERNACIONAL SOBRE ENERGIA E ÁGUAS INTERNATIONAL CONFERENCE ON ENERGY AND WATER Centro de Convenções de Talatona, Luanda 25 a 27 de Setembro de 2013

2 Two framework multilateral instruments 1997 Convention on the Law of the Nonnavigational Uses of International Watercourses (UN Watercourses Convention, or New York Convention) 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention, or Helsinki Convention)

3 1997 UN Watercourses Convention Adopted by UN General Assembly in 1997 on the basis of 1994 ILC Draft Articles 3 decades, all continents Voted in favour by 106 States Global legal framework Strongly recognized as evidence of international customary law Already influenced many agreements (2000 Revised Protocol on Shared Watercourses in SADC region, Albufeira Convention, etc.)

4 1997 UN Watercourses Convention Not yet in force (5 ratifications missing), expected entry into force - early 2014 Ratified (30): Benin, Burkina Faso, Chad, Denmark, Finland, France, Germany, Greece, Guinea-Bissau, Hungary, Iraq, Italy, Jordan, Lebanon, Libya, Luxemburg, Morocco, Namibia, Netherlands, Niger, Nigeria, Norway, Portugal, Qatar, South Africa, Spain, Sweden, Syrian Arab Republic, Tunisia, Uzbekistan in green Member States of South African Development Community * in red also Parties to 1992 UNECE Water Convention

5 1992 UNECE Water Convention Negotiated in through an intergovernmental process under the auspices of UNECE, largely relying on ILC Draft Articles process Negotiated originally as regional instrument Signed on 17 March 1992, in force on 6 October 1996 Protocol on Water and Health adopted in 1999, entered into force in 2005 Protocol on Civil Liability adopted in 2003 Water Convention negotiated in Europe but what is Europe? Not only European Union, but includes all ex-soviet Union countries Not a peaceful continent Not a homogeneous continent in terms of economic development Not a water-problem free continent

6 2003 Amendment to the 1992 UNECE Water Convention Opening up the Water Convention to all UN Member States Aim: apply the principles and provisions worldwide broaden political support for transboundary cooperation, raise awareness and build capacity share the experiences of the Convention learn from other regions of the world Amendments enter into force on 6 February 2013 => the Convention becomes a global instrument Possibility for all UN Member States to accede from early 2014 when all 2003 Parties ratify the amendments

7 6 th Meeting of the Parties to 1992 UNECE Water Convention (Rome, November 2012) Unanimous decision of Parties to grant the approval to all future requests from non-unece countries 18 non-unece States participated (incl. DRC, Namibia, SADC secretariat) Iraq and Tunisia formally expressed their interest in joining the Water Convention as soon as possible, strong interest from Bangladesh, Costa Rica, Honduras, Nicaragua

8 Support to opening the 1992 UNECE Water Convention Message by UN Secretary General Ban Ki-moon to the sixth Meeting of the Parties to Water Convention (Rome, November 2012) Soon the Convention on the Protection and Use of Transboundary Watercourses and International Lakes will become open for accession to all Member States. Your experience and the lessons you have learned will be invaluable. I encourage countries outside the UNECE region to join the Convention and contribute to its further development.

9 The two Conventions: compatibility and mutual complementariety Two same substantive principles: o o -equitable and reasonable utilization -due diligence obligation of no-harm Principle of cooperation as catalyst for the implementation of the two substantive ones (specified in the obligations to notify, to consult, to exchange information, to enter into agreements and establish joint bodies, etc.) Two major differences: Mandatory character of institutional cooperation between Riparian Parties in the UNECE Water Convention (recommended in Watercourses Convention) Institutional mechanism based on the Meeting of the Parties in the UNECE Water Convention (no such mechanism in Watercourses Convention) Few other differences: confined groundwater not covered by Watercourses Convention; intellectual property limitation to exchange of information in UNECE Water Convention; obligation to adapt existing agreements to basic provisions in UNECE Water Convention

10 Strengthening synergies with the NY Convention at different levels Guide to Implementing the Convention references to ILC work and NY Convention MOP (2012): all Parties to NY Convention invited; mandate to promote coordination and offer an intergovernmental framework for discussion on the two Conventions Work programme: issues present in NY Convention and not explicit in Water Convention NY Convention in capacity-building and field activities

11 1992 UNECE Water Convention: 20 years of experience Comprehensive institutional structure Meeting of the Parties Bureau Implementation Committee (Legal Board) Working Group on Integrated Water Resources Management (Working Group on Monitoring and Assessment) Task Force on Water and Climate Task Force on Water-Food-Energy-Ecosystems Nexus Joint ad-hoc Expert Group on Water and Industrial Accidents Supported by UNECE Executive Secretary and the secretariat

12 1992 UNECE Water Convention: Main obligations Protection of transboundary waters by preventing, controlling and reducing transboundary impacts Reasonable and equitable use of transboundary waters Obligation to cooperate through agreements and joint institutions => Overall objective is sustainability

13 1992 UNECE Water Convention: Two categories of obligations I. Obligations for all Parties => also benefit for national legislation Licensing of wastewater discharges by competent national authorities and monitoring of authorized discharges Best environmental practice for non-point pollution sources Minimization of risk of accidental pollution Application of environmental impact assessment II. Obligations for Riparian Parties => Convention does not replace basin agreements Cooperate on basis of equality and reciprocity Conclude bilateral and multilateral agreements or revise existing ones Establish joint bodies (e.g. river commissions) Consult and exchange information Joint monitoring and assessment Elaborate joint objectives and concerted action programme for their shared waters

14 1992 UNECE Water Convention: New Programme of Work for Support to implementation and accession Water-food-energyecosystems nexus Quantifying the benefits of transboundary cooperation Adapting to climate change in transboundary basins Opening of the Convention Promotion of the Convention and establishment of strategic partnerships EU Water Initiative and National Policy Dialogues

15 Area 3: Quantifying the benefits of transboundary water cooperation Methodology: Development of a Policy Guidance Note on Identifying, Quantifying and Communicating the benefits of cooperation Objectives: Support countries to estimate the full range of potential benefits of transboundary water cooperation to encourage the broadening of cooperation Activities: Expert framing workshop (June 2013) Seminar during the Stockholm World Water Week (3 Sept. 2013) Working session at the WG-IWRM (25 Sept. 2013) Workshop to gather & share experiences (22-23 May 2014) Expert Workshop to finalize the policy guidance note and discuss next steps (Nov. 2014, tbc) benefits_cooperation.html

16 Area 4: Adapting to climate change in transboundary basins Impacts of climate change on water -> needs for transboundary cooperation -> Task Force on Water and Climate Guidance on water and adaptation to climate change (adopted in 2009) General roadmap towards adaptation of water management to climate change Step-wise approach Assess impacts of climate change Develop policy, strategic and operational responses Transboundary and health focus Used worldwide The Convention seen as a major player

17 Area 4: Climate change - Promoting cooperation on the ground and exchange of experience Global network of basins working on water and climate in cooperation with INBO, IUCN, GWP and others Focus mainly on developing a joint adaptation strategy Specific focus defined by countries; some focus on water scarcity, others on floods Platform for exchanging experiences Regular workshops, meetings of the Task Force and Core Group of pilots. Next OctoberJune 2014 in Geneva Internet platform Cooperation with UNFCCC and others *Basins outside UNECE region that recently joined the global network are: Mekong, Niger, Congo, Senegal, OSS (Sub-Saharan Aquifer and Western Sahara)

18 Area 5: Water-food-energy-ecosystems nexus - assessment of selected basins Identification of additional benefits from co-management and intersectoral coordination & cooperation Some 10 basins to be assessed (based on interest expressed) pan-europe +other regions (Africa, Asia) Data collection with a questionnaire (+databases) & a participatory inter-sectoral basin level workshop Main expertise: Royal Institute of Technology, Stockholm Piloting the methodology on the Alazani/Ganyh (GE, AZ) Sept-Dec 2013; basin assessments Jan 2014-April 2015 (the Sava the first)

19 Area 5: Assessment of the water-food-energyecosystems nexus: elements 1. A mapping of the land, energy and water balances 2. A set of nexus interlinkages identified 3. Scenarios of potential trade-offs that may arise as demands, management patterns or e.g. the climate change 4. An institutional analysis Constructed indicative balances help initiate /enrich discussions on important nexus trade-offs, institutional economy & resource allocation A conceptual picture of the nexus in the basin with relative importance interlinkages, illustrated with indicators, and limited quantification of selected aspects (subject to data). Optional: the mapping can be the basis for a later quantitative trade-off analysis (depending on the countries interest & availability of donor funding)

20 1992 UNECE Water Convention: Working with non-parties The 1992 UNECE Water Convention has been also involving non Parties in its activities (Tajikistan- Afghanistan) More focus given to neighbouring countries, sharing water with countries of the region (e.g. dam safety) Strategy on globalization of the Convention under preparation

21 1992 UNECE Water Convention and SADC countries involvement A number of countries from the SADC region participated to the 6th MoP in Rome in Nov 2012 as well as in other activities under the Convention - DRC, Namibia, South Africa as well as SADC secretariat African countries already participating in technical activities (Yearly Workshops on Water and Adaptation to Climate Change) How can SADC countries further engage Participate in activities under the Convention (joint bodies, climate change, water-foodenergy-ecosystems nexus assessment, benefits of cooperation, etc.) Basins/countries of Latin America are welcome to join the global network of basins working on water and climate (complete the form of expression of interest) Build capacity on the Convention nationally Cooperation with other partners active in the region to support implementation of the Convention (GEF, bilateral donors,.) Discuss/prepare for accession

22 20 years of experience: 1992 UNECE Water Convention lessons learned Strong legal framework coupled with support to implementation through assistance and capacity building Comprehensive institutional framework Combination of policy and technical work Model for many of the existing agreements (Danube, Sava, Bug, Kazakh-Russian, Lake Peipsi, also the EU Water Framework Directive) Influence on river Commissions Strong ownership by Parties and strong involvement of non-parties Continuously evolving response to new challenges and growing needs Work in partnership: UN agencies, International financial institutions (GEF), NGOs, etc. Cooperative spirit between all involved stakeholders Forum for dialogue, sharing of experience and mutual support

23 1992 UNECE Water Convention: Upcoming meetings and events First Workshop River Basin Commissions and Other Joint Bodies for Transboundary Water Cooperation: Legal and Institutional Aspects (23-24 September 2013), Geneva, Switzerland Working Group on Integrated Water Resources Management (25-26 September 2013), Geneva, Switzerland Workshop on the Opening of the Convention (24 25 March 2014), Geneva, Switzerland Working Group on Integrated Water Resources Management (25-26 June 2014), Geneva, Switzerland Task Force on the Water-Energy-Food Ecosystems Nexus (8 9 September 2014), Geneva, Switzerland Fifth Workshop on Water and Adaptation to Climate Change in Transboundary Basins (13 14 October 2014), Geneva, Switzerland

24 Thank you! More information including guidelines, publications and information on meetings and activities under the 1992 UNECE Water Convention can be found at