Development of a Convention for the Sustainable Management of Lake Tanganyika

By Benoit BIHAMIRIZA

Director Legal Affairs, Treaties and Disputes

Ministry of Foreign Affairs and Cooperation

Burundi

Why a Convention?

• Lake Tanganyika is special

• Lake Tanganyika is threatened

• Existing national legislation regarding the lake is inadequate

• A convention provides the necessary rights, responsibilities, institutions and framework in international law which compels the countries to cooperate in the management of Lake Tanganyika

Objectives of the Convention

• Create a binding legal framework

• Establish institutions for implementing the Convention

• Set up the mechanisms for the implementation of the Strategic Action Programme

• Establish procedures for settling disputes

What does the Convention contain?

• Preamble: the parties reaffirm the unique quality of Lake Tanganyika’s biodiversity and decide to negotiate a convention to protect it.

• article 1: usage of terms

• articles 2-3: objectives and scope of the convention

• articles 4-12: obligations of Parties

• articles 13-21: establish the mechanisms for implementing the convention.

What does the Convention contain?(Continued 1)

• articles 23-27: establish the institutions of the convention, detailing their functions and attributes

• article 28: establishes the financing mechanisms of the Lake Tanganyika Management Authority

• articles 29-31: provide mechanisms for settling disputes, establishing liability and determining the right to appeal

What does the Convention contain? (Continued 2)

• articles 33-44: regulate various procedural matters including: voting, convention protocol, amendments and the relationship with other international instruments and national laws

• Annex I: provides procedures for the evaluation of environmental impact

• Annex II: provides a list of dangerous activities for the lake environment

What does the Convention contain? (Continued 3)

• Annex III-IV: state the procedures for settling disputes in case the process of negotiation and mediation outlined in article 29 fails

Steps Already Taken...

• Regional Legal Workshop

Lusaka, February 1998

• Anglophone Legal Workshop

Dar es Salaam, August 1999

• Francophone Legal Workshop

Arusha, September 1999

Steps Already Taken…(Continued)

• Regional Legal Workshop

Arusha, November 1999

at which the four delegations agreed on a harmonized text

• Regional Steering Committee

Lusaka, May 2000

at which the harmonized text was adopted and recommended for transmission to the four governments

for consideration

Remaining Steps...

• National consultations

• Negotiations between the riparian countries

• Establishment of Interim Lake Management Authority

• Signature and ratification

For these steps to be realized, there is need for:

– Support from the Planning Unit

– Financial Support from Donors

– Riparian countries to maintain momentum