TABLE OF CONTENTS LIST OF ABBREVIATIONS AND ACRONYMS...iv EXECUTIVE SUMMARY... v 1.0 INTRODUCTION... 1 1.1 Background... 1 1.2 Objectives of the assignment... 2 1.3 The Approach and Methodology... 2 1.4 Outline of the Report... 3 2.0 OVERVIEW OF THE LAKE VICTORIA BASIN... 4 2.1 Introduction... 4 2.2 Main Features of the Lake Victoria Basin... 4 3.0 ANALYSIS AND REVIEW OF THE EXISTING NATIONAL POLICIES, LAWS AND REGULATIONS... 6 3.1 Kenya National Policy and Legal Framework... 6 3.1.1 Kenya Water Related Policies... 6 3.2 Tanzania National Policy and Legal Framework... 19 3.2.1 Review of Water Related Policies... 19 3.2.3 Institutional Framework for management of water resources... 28 3.3 Uganda National Policy and Legal Framework... 32 3.3.1 Review of Water Related Policies... 32 3.3.2 Review of water related laws and regulations... 36 3.3.3 Institutional Framework for management of water resources... 40 3.4 Rwanda National Policy and Legal Framework... 41 3.4.1 Review of Water Related Policies... 41 3.4.2 Review of water related laws and regulations... 45 3.4.3 Institutional Framework for management of water resources... 46 3.5 Burundi National Policy and Legal Framework... 48 3.5.1 Water Related Policies... 48 3.6 Summary of Key Issues and Challenges Facing Lake Victoria Basin... 49 3.7 Comparative analysis of water policies, laws and regulation (SWOC Analysis)... 51 3.7.1 SWOT Analysis of the Existing Policy, Legal and Regulations... 52 4. REVIEW OF EXISTING REGINAL AND INTERNATIONAL TREATIES, PROTOCOLS, CONVENTIONS AND AGREEMENTS... 54 4.1 East African Community... 54 4.1.1 The East African Treaty 1999... 54 4.1.2 Areas of Cooperation... 54 4.1.3 Objectives and key Principles of the Treaty... 54 4.1.4 Commitments of the Partner States... 55 4.2 Protocol for Sustainable Development of Lake Victoria Basin... 55 4.2.1 Preamble... 55 4.2.2 The parties to the Protocol... 57 4.2.3 The Scope of the protocol... 57 4.2.4 Principles... 57 4.2.5 Rights and Obligations... 57 4.2.6 Review on mainstreaming of protocol for sustainable development of lake Victoria Basin into Water related Policies, Laws and Regulations... 58 4.3 Treaties and Conventions... 59 4.3.1 The Position of the Partner States in regards to the Existing Colonial Agreements... 59 4.3.2 The 1929 Nile Water Agreement... 61 4.3.3 The Agreement between the United Kingdom and Belgium regarding water rights on the Boundary between Tanganyika and Ruanda-Urundi, 1934... 61 4.3.4 The 1929 Nile Water agreement between Egypt and Sudan... 62 4.3.5 The 1949 and 1953 Agreements relating to the construction of the Owen Falls dam... 63 4.3.6 The Vienna Convention on the Law of Treaties 1969.... 63 i
4.2.7 The 1993 Agreement between Ethiopia and Egypt.... 64 4.3 Transboundary Water Resources Management... 66 4.3.1 Introduction... 66 4.3.2 Treaty Law... 68 4.3.3 UN Convention on the Law of Treaty... 69 4.3.4 Treaties on International Watercourses... 71 4.3.5 Customary International Law and the Contribution of the Learned Society... 71 4.3.6 Enforcement, Compliance and Dispute Resolution... 72 4.3.7 Overall Lessons Learned and Best Practices... 72 5. REVIEW OF THE EXISTING CAPACITY OF NATIONAL AND LOCAL INSTITUTIONS FOR THE MANAGEMENT OF TRANSBOUNDARY WATER RESOURCES... 75 5.1 Kenya National Water Sector Institutional Capacity... 75 5.2 Tanzania National Water Sector Institutional Capacity... 75 5.3 Uganda National Water Sector Institutional Capacity... 75 5.4 Rwanda National Water Sector Institutional Capacity... 76 5.5 Burundi National Water Sector Institutional Capacity... 76 5.6 Strength and weaknesses of institutional framework for management of water resources... 76 5.7 Institutional Capacity Needs to Address identified weaknesses... 76 6.0 REVIEW OF THE REGIONAL AND NATIONAL INSTITUTIONAL ARRANGEMENTS FOR THE IMPLEMENTATION OF THE PROPOSED HARMONISED POLICIES, LAWS AND REGULATIONS... 77 6.1 Regional Institutions... 77 6.1.1 Lake Victoria Basin Commission... 77 6.1.2 Lake Victoria Fisheries Organization... 79 6.1.3 Proposed Mechanisms for enhancing National and Regional Institutional arrangement... 79 7.0 REVIEW OF THE EXISTING PARTICIPATION OF COMMUNITIES AND OTHER STAKEHOLDERS IN THE MANAGEMENT OF TRANSBOUNDARY WATER RESOURCES... 80 7.1 Regional Level... 80 7.2 International and Regional agencies... 81 7.3 National and Local Level... 81 7.4 Potential Roles of communities and other stakeholders in implementation of the proposed policies, laws and regulations... 81 7.5 Gender Mainstreaming... 82 8.0 TOWARDS HARMONISED POLICIES, LAWS AND REGULATIONS FOR TRANSBOUNDARY WATER RESOURCE MANAGEMENTS... 83 8.1 Introduction... 83 8.2 Harmonization Principles... 84 8.3 Building Blocks for Harmonized Policies, Laws and Regulations... 86 8.3.1 Building Block 1: Cooperation in water resources management and development... 86 8.3.2 Building Block 2: Sustainable water resources development and management... 90 8.3.3 Building Block 3: Water for environment and ecosystem sustainability... 96 8.3.4 Building Block 4: Water Quality Management and Pollution Control... 99 8.3.5 Building Block 4: Water Quality Management and Pollution Control... 101 8.3.6 Building Block 5: Security from water-related disasters... 103 8.3.7 Building Block 6: Water resources information, management and exchange... 105 6.4.8 Building Block 7: Institutional framework for water resources management... 107 8.3.9 Building Block 8: Stakeholder participation, awareness creation and capacity building... 108 8.3.10 Building Block 9: Research and Development... 110 8.3.11 Building Block 10: Financing integrated water resources management... 110 8.4 Follow up actions... 112 REFERENCES... 114 ii
List of Figures Fig 1: Map showing the Lake Victoria and its catchment areas (Source WEMA, 2009)... 4 Figure 2. New institutional setup of the Ministry of Water and Irrigation after the Water Sector Reforms in Kenya... 16 Figure 3 Institutional Framework... 31 List of Tables Table 1 Functions and Responsibilities for water Resources Management in Tanzania... 29 Table 2 Functions and Responsibilities for water Resources Management in Rwanda... 46 iii
LIST OF ABBREVIATIONS AND ACRONYMS ALGAK Association of Local Government Authorities of Kenya BWBs Basin Water Boards COWSOs Community Water Supply Organizations CSOs Civil Society Organizations CFA Cooperative Framework Agreement CBOs Community Based Organizations DANIDA Dennish International Development Agency EIA Environmental Impact Assessment EAC East African Community EFA Environmental Flow Assessment IWRM Integrated Water Resources Management LVBC Lake Victoria Basin Commission MDGs Millennium Development Goals MNRT Ministry of Natural Resources and Tourism MoLG Ministry of Local Government MOE Ministry of Education MAFC Ministry of Agriculture, Food Security and Cooperatives MOH Ministry of Health MOA Ministry of Agriculture NAEP National Agricultural Extension Policy NAWAPO National Water Policy NSGRP National Strategy for Growth and Reduction of Poverty NEMC National Environment Management Council NWB National Water Board NAFA National Forests Authority NILE COM Nile Committee of Ministers NELSAP Nile Equatorial Lakes Subsidiary Action Programme NBI Nile Basin Initiative NEMA National Environment Management Authority NGOs Non-Governmental Organizations NAEP National Agricultural Extension Policy OAU Organization of African Unity PPP Public Private Partnership PFM Participatory Forest Management RPSC Regional Policy Steering Committee RNRA Rwanda Natural Resources Authority RDAs Regional Development Authorities SIDA Swedish International Development Authority TANAPA Tanzania National Parks Authority UNCED United Nations Conference on Environment and Development UNDP United Nations Development Authority WPC Water Policy Committee WRD Water Resources Division WSRSC Water Sector Reform Steering Committee WRUA Water Resources Users Association WSSAs Water Supply and Sanitation Authorities WRM Water Resources MAnagement WSRSC Water Sector Reform Steering Committee WRD Water Resources Division iv
EXECUTIVE SUMMARY Introduction Lake Victoria and other water resources in the basin have experienced severe threats that are impacting negatively on the socio-economic and intrinsic values, contributing to annual losses amounting to millions of dollars. Given the various types of potentially competing uses the Lake Victoria and other water resources in the basin are supporting, their sustainable management poses a challenging task. Although these resources require appropriate policy interventions, such as the ones proposed for regulating releases from the lake, their management also requires harmonised laws and regulations. Objective of the study The overall objective of the study is to harmonise policies, laws and regulations governing utilization of water resources in the Lake Victoria Basin among the EAC Partner States. Main Building Blocks To achieve these goals of a regional harmonized policy, legislation and institutional framework, 10 Building Blocks were adopted, these are: 1) Cooperation in water resources management and development 2) Sustainable water resources development and management 3) Water for environment and ecosystem sustainability 4) Water Quality Management and Pollution Control 5) Security from water-related disasters 6) Water resources information, management and exchange 7) Institutional framework for water resources management 8) Stakeholder participation, awareness creation and capacity building 9) Research and Development 10) Financing integrated water resources management. National Policies Laws and Regulation, and institutional frameworks pertaining to the process of harmonization were analyzed and reviewed based on the Building Blocks. Key issues and challenges were identified, as well as review of international treaties and protocols as well as regional organizations. Summary of Key Issues and Challenges Facing Lake Victoria Basin The Lake Victoria Basin is endowed with a variety of natural resources which are the main stay of community s livelihood. However these resources are currently under increasing pressure and thus their survivals are in jeopardy. Some of the pressures facing the natural resources in the Lake Victoria Basin include over exploitation of resources, losses of habitats and biodiversity, increased water pollution, habitat degradation and climate change. In order sustainable water resources management to be attained in the basin; concerted efforts are required to address the challenges and major issues of concerns facing the basin. Here under are some of the issues and challenges which need to be seriously addressed in order to attain the envisaged sustainable water resources management in the basin. Controlling pollution: Pollution is one of the major challenges facing the Lake Victoria Basin. The situation is accelerated by poor farming practices which are responsible for soil erosion and thus water pollution and siltation of v
water bodies. Improving farming practices to control pollution. Activities related to cutting of trees and other vegetation covers detract the ecological system responsible for filtering mechanisms. When this ecological system is disturbed, the land and environment in general is prone to degradation. Pollution of water bodies is also due to inappropriate use of agrochemicals, discharge of wastes and effluents into water bodies. Existence of alien invasive species is another factor which lead to pollution of water bodies. The species are responsible of affecting food webs of fish and other aquatic organisms. Controlling the alien invasive species is one of the major issue to be addressed. Enhancing good governance: Partner countries need to strengthen enforcement of laws and regulations so as to realize the intended objectives. Enhancing good will also strength rule of law and thus corruption and malpractices at all levels of riparian states and local governments will be minimized. This will result into adequate transparency and accountability in public decision-making. Poverty: Poverty is another challenge facing the residences in the basin. It is estimated that more than half of the lake basin population is living on an income of less than 1 USD per day and relying heavily on subsistence production. In addition there is high level of illiteracy and low skills and lack of socio-economic incentives to meet the challenges of water related management and development. Furthermore mortality rates are high due to various diseases such as, tuberculosis and waterborne diseases like malaria, typhoid and bilharzias. It is also apparent that access to health care services is inadequate and health facilities are not well equipped. Inadequate human and financial capacities: This is also one of the major challenges facing water resource management in the Lake Victoria basin. Although it is true that always there is resource scarcity, the situation in the basin is more serious since there is acute inadequate capacity to plan, implement and monitor water resources management and development activities. It is beyond reasonable doubt that investing in the development of human and institutional capacity is very important to enhance effective planning, implementation and monitoring of water resources management activities. Equally important to the aforesaid capacity is to have sustainable mechanism for soliciting financial resources to implement the planned activities. Sustainable allocation of water resources to various water needs: This is another challenges facing management of water resources management in the basin. The major concern issue is how best to allocate water for various economic activities and for sustaining the environment and other aquatic ecosystems. Data and information exchange: Despite the fact the protocol for sustainable development of Lake Victoria Basin, Treaty for establishing East African Community and other regional agreement emphasize the need of sharing and exchanging data and information as a strategy for improving planning of water resources management activities, the practice has shown that partner states are not sharing and exchanging data and information for their partner consumption. This is a major challenge that needs to be addressed critically. Climate change: Climate change is another of the emerging issue of concern which need great attention in the basin if sustainable management of water resources has to be attained. Climate change has been responsible in food insecurity and other catastrophes in the basin. Currently there are inadequate coping strategies to mitigate the impacts related to climatic change. Security from water-related disaster: Occurrence of water related disasters leaves many people and their properties in situation which takes time to recover. Availability of precautionary measures is very important as a preparedness mechanism to occurrence of water related disasters especially during this era of climatic change catastrophes. However currently there are inadequate mechanisms for protection from flood and drought; prediction, planning and management of natural disasters as well as provisions for dam safety management vi
Inadequate understanding of the values and functions of the basin ecosystems: Many stakeholders residing in the basin has poor limited understanding on the values and functions of the basin ecosystem and this result to poor management of the resources therein. Better understanding of the values and functions of the basin ecosystems would enable stakeholders to understand the socio-economic importance of environmental conservation and thus would facilitate to have scientific decision making regarding the use of environmental resources in the basin Other issues of concerns: Limited capacity to enforce legislations, inadequate and overlaps of sectoral provisions, inadequacy of legal provisions to address environmental and natural resources management issues, majority of stakeholders particularly at grassroots have limited awareness of environmental laws, conflicts in the national policies, laws and regulations in the management of transboundary ecosystems. SWOT Analysis of the Existing Policy, Legal and Regulations Strengths (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) All countries have water related policies, laws and regulations Existence of expertise and knowledge on national and regional programme planning and implementation Existence of national authorities with specific mandates related to water resource management Experience in transboundary cooperation framework under Nile Basin Initiatives and East Africa Community through the Lake Victoria Basin Commission Existence of sectoral policies with their associated laws and regulations Existence of integrated water resource management strategies in partner states Existence of participation framework for community and other stakeholders in implementation of water related management interventions Existence of EAC and NBI legal and institutional framework Existence of programmes for harvesting, storage and use of rain water as coping strategies to climatic change Existence of water use associations at community level Existence of educational and research institutions in the region Weaknesses (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Inadequate funds allocated to water resource management by governments Inadequate institutional capacities at national, regional/province, district and local levels Inadequate sharing of important data on management of water resources Limited regional focuses on water resource management issues Weak enforcement of laws Transboundary water resources management policy, legal and institutional frameworks not well elaborated other than for Lake Victoria and Policy statements Multiple agencies with no clear framework of operations and thus creates conflicts and coordination challenges Inadequate innovative research activities on integrated water resource management Inadequate advocacy capabilities by civil society organization on water resource management Opportunities (ii) Existence of EAC and Lake Victoria basin legal and institutional framework Existence of interested donors to work in the basin vii
(iii) (iv) (v) Interests of the international community in attaining MDGs targets on integrated water resources management Potential mutual socio-economic benefits from joint win-win development interventions in the basin Common legal history evidenced in similar laws and the common law background facilitate harmonization process Threats/Challenges (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) Adequate prioritization of transboundary water resources management cooperation among riparian countries Management of alien invasive species in lake Victoria basin and other water bodies Controlling of watershed degradation Development of effective climate change mitigation measures Accelerated destruction of water resource ecosystems. How best to carry out environmental flow assessment Delay in finalizing an agreement on the Nile Basin to address transboundary Nile Water resources policy and institutional framework, holistically, creating risks of desegregated and disjointed actions Have sustainable funding sources for water resource management activities Strengthen information sharing among partner states Strengthening capacity of local community groups so as to bring positive impact on water resource management Put in place effective mechanism for natural disaster and dam safety management Effective capacity building programme to enhance implementation of water resource management Advocacy on integrated water resource planning to enhance sustainability of water resources Enhance proper communication to avoid mistrust among partner state members Effective laws and regulations enforcement. Proposed Policy Directions for each Building blocks Building Block 1: Cooperation in water resources management and development Economic integration from the use of transboundary water resources Water resources shall be developed and managed in an integrated manner to contribute to regional and national economic integration and development on the basis of balance, equity and mutual benefit for all riparian countries. In implementing this policy the reference point shall be the Shared Vision and the Protocol for Sustainable management and Development of the Lake Victoria Basin. Partner States shall endeavour to promote and exploit opportunities for joint water resources development in shared watercourses to maximize benefits from the use of common transboundary water resources and consolidate regional cooperation. Promote awareness of the people to understand the issues involved and the associated positive and negative impacts in order to cooperate. Water resources and inter-sectoral cooperation Promote proper communication /Awareness as an important tool to inform the people to understand issues in order to cooperate and obtain broad-based suport, and generation of broad-based partnerships. Regional and national institutions shall ensure the collaboration of all affected sectors in the management and development of water resources to achieve the goals of regional integration, upholding the principle of equitable utilization, aiming at poverty eradication enhancing economic growth and sustainability. viii
Communication and collaboration Establish and institutionalize of two way communications between and among sectors, national and regional institutions and transboundary water resources management. Relevant Basins or Catchments should be strengthened to play day-to-day agreed activities. Develop and implementation of data and information sharing protocols. Promote publication dissemination of data and information to general public on the state of water resources and its use on regular basis. Develop regional and implementation of research findings. Conflict management mechanisms Promotion of transparent system of sharing information, costs and benefits that aim at building confidence and trust among the partner States. Establish mechanisms to resolve the existing and future conflicts among the various entities mandated to manage components of water resources. Promote incentive mechanisms for resolving water resource use conflicts. Provide regional stakeholder forum with diverse constituencies to share ideas and generate consensus on their priorities and interests to build confidence and trust. Uphold the principle of international cooperation on matters related to the utilization of transboundary water resources in order to mitigate conflicts, which may include the obligation not to cause significant harm to co-riparian, and notification and information sharing. Benefit sharing and equity consideration Promote equitable allocations of transboundary water resources that aim at enhancing sharing of benefits. Promote dialogues at the different levels from trasnboundary, national and local level; to ensure sustained progress and achievement of goals and objectives set out in the EAC Treaty and Protocol for sustainable management and Development of the Lake Victoria Basin. There is need to develop and promotemanagement tools for assessment, negotiation and sharing of benefits. Promote mechanisms for increasing awareness of for regional stakeholders on benefits and sharing of benefits. Building Block 2: Sustainable water resources development and management Water for Socio-Economic Development (water for food security, energy security, industrial security, water supply, sanitation and hygiene, etc) Partner states shall consider water as both an economic good, which supports cross-sectoral regional economic integration and development, and shall be conserved, developed and managed to provide economic benefits, and (ii) a social good that is essential to human survival and social wellbeing and for poverty reduction. Partner states shall consider, when allocating water between states, economic sectors and users shall economic benefits that is balanced with social obligation and environmental requirements and the obligation to protect an conserve the water resources. In managing and developing the water resources of the Lake Victoria Basin, Partners States shall consider the concept of comparative advantage in water availability as a means of promoting intraregional trade and balancing national water budgets in a sustainable manner for the benefit of the region s population. When allocating water for socio-economic needs Partner States will uphold the following policies: ix
Water Supply, sanitation and hygiene: Ensuring sustainable access to safe water supply for basic human needs in adequate quantity and quality. Water for basic human needs receives highest priority over any other allocations, water allocation for productive activities to poor and marginalised communities in rural and peri-urban to alleviate poverty and ensure balanced development, and facilitation of the provision of sustainable access to adequate sanitation for all rural, peri-urban and urban households which is integrated into the provision of water supply services. Public awareness, as well as hygiene education and practice should be integrated in the provision, operation and maintenance of water and sanitation facilities. Water for Food Security: Partner States shall promote the attainment of regional food security rather by developing those areas which have comparative advantage for rain-fed and irrigated (both small and large scale) agriculture through optimizing the use of water resources through integrated water resources management framework. This should also aim to increase production of food and cash crops in rural areas for sustainable livelihoods and poverty reduction through promotion of affordable and sustainable techniques for small-scale irrigation. While promoting the use of water for food and cash crop production, Partner States will promote measures to increase water use efficiency, and provide economic incentives for efficient use of water. Water for livestock watering and for maintenance of grazing land: shall receive adequate consideration in water resources allocations at regional, national and local levels. Water for Energy Production: Partner states will collaborate in optimizing the potential for hydroelectricity generation with a view of providing cheaper and more environmentally friendly sources of electrical energy for household and industrial uses. This will include development of both large scale, and small-scale hydropower to enhance rural electrification. Water for Industrial Production: Water for industrial purposes will be allocated considering its economic value. Water for Sports and Recreation: Water for sports and recreation will be accorded due consideration when allocating water for the various competing demands. Development and management of water resources by river basin approach In shared water resources Partner States will plan, develop and manage water resources by adopting a river basin or watercourse approach. Subsequently, Partner States jointly will prepare and implement integrated river basin management and development plans with full involvement of affected stakeholders, promote conjunctive use of surface and groundwater resources. The plans so jointly developed will be the basis for negotiations of water allocations between Partner States based on agreed based on equitable and reasonable mechanisms, with consideration of the position of the Lake Victoria Basin within the wider Nile so as to avoid undue conflicts. Partner states will ensure that shared water resources and the water uses upon them will be regulated through as a system of water rights/permits applicable at national level as stipulated in the agreed harmonized Regulations. Integrated Water Resources planning approach Transboundary water resources planning will be done on the basis of water basins using an integrated multi-sectoral approach and cross-cutting nature of the resource, involving stakeholders and which will consider requirements for bio-diversity and human health. x
Partner States shall promote joint planning and implementation of development projects and programmes within their within their shared watercourses in transparent manner and notify each other and/or engage other watercourse States through agreed dialogue mechanisms, where such other water course States are not proponents of the projects. Water conservation and demand management Partner States will adopt a Demand Responsive Approach to water resources management will be introduced through the use of demand management approaches together with water conservation measures as a fundamental requirement for integrated planning and management of transboundary water resources. Development of dams Promote integrated planning, development and management of dams in order to optimise the use of the water resources, maximise derived benefits (such as hydropower, tourism, flood control, irrigation, water supply) and jointly address both positive and negative externalities. Promote the participation of all key stakeholders in decision-making in the process of dam development. Partner states will jointly prepare and negotiate on operating rules for dams on shared watercourses with a view of to optimise the socio-economic and environmental benefits in an equitable manner. Water allocation and water permits authorization Promote equal and fair procedures when allocating water so that all social and economic activities are able to maximize their capacities. The objective being to realize efficient water uses and conservation while improving productivity in all socio-economic activities and maintenance of the environment. Priority uses on transboundary water courses will be water for basic human needs and for sustaining the environment will attain highest priority, followed by water to meet social-economic needs which will be subject to agreed criteria and time to time revisions. Streamlining of environmental water requirements in the water allocation, permitting system, planning and designing and decision making. Building Block 3: Water for environment and ecosystem sustainability Water allocation for the environment/sustaining aquatic ecosystems Proposed Policy Direction Implement water resource management practices that will focus on preventing negative environmental impacts of human activity, ensuring that water is used beneficially and efficiently, and ensuring that water related activities aim at enhancing or causing least detrimental effect to the natural environment. Promote Environmental flow assessment (EFA) as a management tool that can assist the Basin Water Board to meet the challenges of balancing the diverse needs for water between the amount of water that can be withdrawn from a river for the different human uses and the amount of water that the river needs to sufficiently maintain ecosystems through multi-sector approach. Prepare national inventories on the condition and extent of wetlands, floodplains and riparian ecosystems, as a basis for ensuring their long term protection. Water allocation to sustain environmental flows should be mainstreamed in the water allocation system having determined actual needs. Addressing alien invasive species Partner States will work individually and collectively to control the alien invasive species. Water source protection Uphold the principle of the protection and preservation of the ecosystems of tranboundary watercourse within the Lake Victoria Basin; xi
Uphold and promote the principle of community of interest in an international watercourse whereby all States sharing an international watercourse system have an interest in the unitary whole of the system. Climate change Develop capacity, Human resources and Institutional level, to cope with climate change and extreme events, including climate change analysis is included in planning for development projects/programmes. Promote science-policy dialogue to communicate research findings on climate change. Focus on water security, which requires sound water resources management and development, balance between hard and soft strategies, manage demand as well as increase supply and encourage rainwater harvesting. Infrastructure investments, and in particular storage, will be essential in many places in the region. Building Block 4: Water Quality Management and Pollution Control Water quality monitoring and assessment Water quality monitoring and assessment will be undertaken systematically so as to identify extent and status of the quality of the transboundary water resources so that problems are detected early and remedial actions taken timely. Water quality standards (receiving water quality standards, effluent discharge standards) Member States uphold common minimum standards of water quality in shared watercourses and pool available resources for their maintenance. Promote Environmental Impact Assessments (EIAs) for projects planned to utilize on transbounary water resources. Partners States shall avoid importation of pollutants from other countries into the region for disposal. Water pollution control Creation of public awareness in the importance of protecting water resources from pollution including that resulting from point and non-point sources. Practical and cost effective water quality and pollution control monitoring programs (including networks) will be developed and implemented. Factories, municipal authorities, large irrigation schemes and mining operations will be required to collect and keep accurate records of the quality of effluents and submit the same to relevant water management institutions. The "polluter pays principle shall apply in conjunction with other legal and administrative measures. Building Block 5: Security from water-related disasters Protection from floods and droughts Facilitate and coordinate the management of natural disasters associated with transboundary water resources. Member States shall commit themselves to protect human life, livestock, property and the environment against the effects of water related natural and human-induced disasters. Promote the development and implementation of Early Warning System for floods and droughts for national and regional use. Prediction, planning and management of natural disaster management Prepare an implement effective regional and watercourse strategies to improving the region s capacity in predicting water-related disasters associated with floods and droughts. Develop disaster preparedness responses measures at regional level for dealing with floods and drought xii
disasters. Develop a framework that can enable early warning, prediction, planning and management of water related natural disasters and have contingency plans and resources available to minimize the impacts. Flood and drought monitoring stations and early warnings systems will be established so as to detect prospective floods and drought occurrences and disseminate information to the public in advance. Flood and drought control infrastructure, including dam safety measures, will be promoted, as will measures for impact mitigation against water resources pollution from accidental chemical pollution. Partner states State have an obligation to notify and share knowledge and information with affected watercourse States in the event of actual or pending water related disasters. Provisions for dam safety management Develop strategies for enhancing dam safety management. Strengthen capacity for dam safety management through development of appropriate safety guidelines and institutional capacities for enforcement of the guidelines. Comprehensive and objective assessment of the economic, social, and environmental impacts would be carried out and adequate mitigation measures put in place for implementation at regional and national levels. Building Block 6: Water resources information, management and exchange Data collection and information management Partner States will strengthen existing system of data collection, processing, storage and dissemination of various transboundary water resources data. Data quality Control will be an integral part of the data management system. Strengthen the operational capacity for data collection, management of information and assessment of water resources on the basis of simplified, practical needs of the basin. Promote information sharing through internet, websites need to be promoted. Some specific regional information and news can be posted on the website on a regular basis. As well, knowledge management strategy must be prepared for the benefit of the region. Data and information exchange Establish of an effective system of local and international exchange of information will be strengthened, with a view to increase knowledge and experience, efficiency, and collaboration. Promote timely sharing of relevant available information and data regarding the hydrological, hydrogeological, water quality, meteorological and environmental condition of shared water resources. Water resources assessment Promote establishment and cooperation in establishment of efficient hydrological, hydrogeological and meteorological data acquisition and dissemination systems related to transboudary water resources. Strengthen the capacity of national and regional hydrological agencies capacities for data analysis, information management and dissemination. Adopt compatible systems for transboundary water resources data and information acquisition and management. Building Block 7: Institutional framework for water resources management Structure and systems of management at national level (including river/water basin structures) Promote decentralised the management of water and the associated authority to the lowest appropriate level, while maintaining appropriate institutional arrangements for the management of shared watercourses. xiii
Promote appropriate institutional arrangements to enhance the stakeholder participation, gender in taking decisions on planning and management of transboundary water resources at national and local. Promote framework and structure for conflict resolution and ensure stakeholders participation. Develop scientific tools for conflict resolution backed with appropriate training. Proposed Monitoring and Evaluation system Partner states will promote the establishment and implementation of a transparent and independent monitoring and evaluation system for policy implementation in order to assess achievement of its development goals, objectives, strategies, programmes and institutional performance for transboundary water resources. Building Block 8: Stakeholder participation, awareness creation and capacity building Mechanisms for stakeholder participation at national level and regional levels Promotion of effective conflict resolution mechanisms at national and transboundary levels in which stakeholders will have a role to its development and implementation. Involvement and participation of stakeholders in planning, management and decision making at all levels. Existing capacities for participation in water resources management at national level Capacity building needs of regional and national intuitions will be identified and prioritized with a view to recommend appropriate intervention measures required to address these needs based on new approaches to water resources management which emphasize the integration of sectors, participation, comprehensiveness, and subsidiarity. Regional and national training institutions capacity will be strengthened to offer appropriate courses for new generation of well trained and skilled IWRM experts at national and regional level. Gender Mainstreaming for water resources management Gender mainstreamed in water resources use and management through capacity building, institutional strengthening and affirmative action in the composition of various groups in institutions related to water resource management. Ensuring that all units and all personnel within the system have the responsibility for ensuring involvement of both men and women in all aspects of programmes and policies on transboundary water resources. Incorporating gender concerns into the planning and decision making, and promotion of process. Building Block 9: Research and Development Demand-Driven Water Related Research and Technology Development Adopt effective and efficient demand-driven water sector research and technology development in the Region and promote the use of research outcomes Strengthen existing national and regional individual researchers and research institutions, and improved communication and collaboration between research institutions. Promote publication, dissemination and implementation of research findings Promote complementary production of goods among Partner States. Building Block 10: Financing integrated water resources management Sources of funds for water resources management Partner states will ensure the collection of adequate fees/charges from water abstraction and use of transboundary water resources for economic purposes, as will the discharge of effluents. The level of abstraction and discharge charges and the criteria to be used in setting such charges will be subject to xiv
regular review and approval based on criteria and guidelines established by Partner States. The funds so generated will be used by the Partner States for water resources management in their respective countries. Special cconsideration will be given to requirements of the poor and the vulnerable. Financial Sustainability for water resources management Partner States will determine the criteria and guidelines for transboundary water resources management based on: (ii) (iii) Evaluation of economic value of water resources rivers, lakes, swamps/major wetlands, and sensitive catchment areas where competition for scarce water resources is apparent; which would support economic water allocation principle. Determination of financing needs for water resources management and development for all water using and water impacting sectors at all levels-national (and trans-boundary), catchment, sub-catchment and user levels. Financing needs for water resources development (WRD) may include investments in infrastructure (for flood control, hydropower generation, irrigation, urban and rural domestic water supply, industrial and livestock water supply, sanitation and sewerage, industrial wastewater treatment, etc) and associated institutions. Financing needs for water resources management (WRM) may include institutions, systems and infrastructure for allocating water, controlling pollution and managing water quality, and protecting water resources at the basin, national and trans-boundary levels. Financing sources xv
1.0 INTRODUCTION 1.1 Background Lake Victoria and other water resources in the basin have experienced severe threats that are impacting negatively on the socio-economic and intrinsic values, contributing to annual losses amounting to millions of dollars. This has resulted in serious impacts on water resources dependent economic activities such as: declined electricity production at Jinja by 30% in December 2005; rendering the fish landing structures constructed to ensure good quality of fish useless; and severely affecting the intakes of the water treatment plants in Kisumu, Entebbe, Mwanza and other riparian towns resulting into a decrease in the amount of water supply. Given the various types of potentially competing uses the Lake Victoria and other water resources in the basin are supporting, their sustainable management poses a challenging task. Although these resources require appropriate policy interventions, such as the ones proposed for regulating releases from the lake, their management also requires harmonised laws and regulations. The governments of the five East African Community partner states; Burundi, Kenya, Rwanda, Uganda and Tanzania are making serious efforts towards addressing water resources related challenges in their respective countries but also to utilize the transboundary water resources for social and economic benefits of the region These efforts have included, firstly, developing and strengthening of their national policies, institutional frameworks, and laws and regulations which are essential to meet the existing and emerging water resources challenges, and, secondly, regional cooperation to jointly address transboundary threats and challenges and to seek opportunities of the shared water resources. Burundi is in the process of developing its national water policy, Rwanda s policy of 2011 is in the final stage of approval. Kenya developed Sessional Paper No. 1 of 1999 on National Water Policy on Water Resources Management and Development. Uganda had its National Water Policy 1n 1997; and Tanzania replace its 1991 Water Policy with National Water Policy 2002. All the polices promote comprehensive water resources management and development framework. In East Africa and Lake Victoria Basin in particular, water plays a central role in social and economic development process of the riparian states. It touches all sectors of the economy including domestic, agriculture, livestock, fisheries, wildlife, industry, energy, and recreation. It also plays pivotal role in poverty alleviation. Apart from sustaining a rich diversity of natural ecosystems, the region s water resources are critical for meeting the basic needs related to water supplies for domestic and industrial requirements, and for sanitation and waste management for its people. The East African states after signing the EAC Treaty in 1999 declared the Lake Victoria Basin as an Economic Growth Zone. They have a commitment to develop the Lake Basin in a coordinated and sustainable manner. Realization of the great potential for sustainable social, economic and environmental development a shared Vision and a common framework for the development of policies and strategies emerged. The Project to review and harmonize regional policies, legal and institutional frameworks governing utilization of water resources falls under the Lake Victoria Basin Commission Secretariat comprising of the five EAC Partner States of Burundi, Kenya, Rwanda, Tanzania and Uganda. It is implemented through the Lake Victoria Environment Management Project Phase II. The Regional Policy Steering Committee (RPSC) oversees overall implementation and provides policy guidance to the Project. Development of harmonized policy, legal and institutional framework will certainly promote regional cooperation and integration with riparian states. 1
1.2 Objectives of the assignment The overall objective of the study is to harmonise policies, laws and regulations governing utilization of water resources in the Lake Victoria Basin among the EAC Partner States. Specific Objectives The specific objectives of the consultancy are to: (ii) (iii) (iv) (v) (vi) Analyse and Review the existing policies, laws and regulations governing the management of transboundary water resources with a view to identifying policies, laws and regulations that require harmonisation; Review the existing capacity of national and local institutions in the management of transboundary water resources; Review existing participation of communities and other stakeholders in the management of transboundary water resources; Prepare proposed harmonised policies, laws and regulations based on above; Review the regional and national institutional arrangements in the implementation of the proposed harmonised policies, laws and regulations. Develop an action plan for implementing the proposed policies, laws and regulations including but not limited to EAC approval process, timeframe for transformation and the financial implications. The harmonized transboundary water policy, legal and institutional framework would support the EAC states goal of regional integration and poverty eradication, and provide a long term perspective for achieving the objectives of socio-economic development, food security, energy security, industrial development, sustainable environment and security against natural disasters such as floods and droughts. The underlying development framework is integrated water resources management (IWRM) using the tools of planning, water resources information management, sector institutions, capacity building and stakeholder participation, environmental management and conflict resolution. To achieve these goals of a regional harmonized policy, legislation and institutional framework, it will be critical to review principles governing national and or transboundary policies/legislation addressing specific building blocks which may include the following: Building Block 1: Cooperation in water resources management and development Building Block 1: Sustainable water resources development and management Building Block 1: Water for environment and ecosystem sustainability Building Block 1: Water Quality Management and Pollution Control Building Block 1: Security from water-related disasters Building Block 1: Water resources information, management and exchange Building Block 1: Institutional framework for water resources management Building Block 1: Stakeholder participation, awareness creation and capacity building Building Block 1: Financing integrated water resources management 1.3 The Approach and Methodology The review focused on the policies, laws, regulations and institutional arrangements for transboundary water resources management and development in the riparian countries of Lake Victoria Basin on the basis of sound and detailed technical-analytical analysis. The differences and similarities in policies, laws and regulations governing transboundary water resources in the EAC Partner States were identified and harmonized within the framework of 2