Global water law provisions, sustainable development and the SDGs

Marie-Laure Vercambre, Green Cross International on behalf of the UNWC Global Initiative

Status of Governance of Transboundary Basins

- > 60% of transboundary basins do not have agreements

-80% of existing agreements are bilateral/don’t necessarily involve all basin states

-Many agreements do not:

Provide for regular data-sharing/ notification Establish water allocation & benefit-sharing criteria/processesContain dispute prevention/settlement rules Apply to entire river basin / aquifer system, etc.

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WHY promote the water conventions?

UNECE and WWF August,3

WHY Water is “ Local” – yes – but guidance and

common frameworks needed Foster a common language and shared

understanding >> cooperationFacilitate negotiations (agenda & procedures

available)Need to harmonize between and in countriesNo good (technical) work can be done

sustainably on environment and eco systems without good water management and enabling legal frameworks

Contribute to and guidance for SDGs especially goal 6 implementation

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The SDG targets6.5 By 2030, implement integrated water

resources management at all levels, including through transboundary cooperation as appropriate

6.6 By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes

11.5 By 2030, significantly reduce the number of deaths and the number of people affected and substantially decrease the direct economic losses relative to global gross domestic product caused by disasters, including water-related disasters, with a focus on protecting the poor and people in vulnerable situations

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Indicators and implementation% of existing and new agreements on transboundary

water management and river basin agreements are strong indicators of formalized cooperation

Existing and future mechanisms for cooperation connected to the conventions can facilitate implementation (and no need for new mechanisms)(ECE WC, working groups, RAMSAR, CBD etc)

Capacity Development on international water law and treaties will enhance the chance of joint implementation

Treaties and their mechanisms can assist in making the connection between global, national and cross boundaries monitoring and implementation

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Improving the governance of transboundary Improving the governance of transboundary water resources, at all levelswater resources, at all levels

UN Watercourses conventionUN Watercourses convention, convention on , convention on biodiversity, RamSAR convention, biodiversity, RamSAR convention, UN Convention on desertificationUN Convention on desertification

Agreements on Rhine, Danube, Dniester, Senegal, Niger, Nile, Mekong, etc.

Congo, Sava

Right to water & sanitation

Global

Regional

Basin

Community, individual

SADC Protocol, EU WFD & directives, UNECE Water Convention (initially), Espoo & Aarhus

Sub-basin

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Conventions (water-related)1997 UN Convention on the Law of the Non-

Navigational Uses of International Watercourses (UN Watercourses Convention/ UNWC/ New York convention) – in force 17 August 2014

1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention/ ECEWC/ Helsinki Convention) – in force 1996; amendment in force 2013 but waiting for 3 countries)

1999 Protocol Water and Health – in force 2005ILC Draft Articles on the law of Transboundary

Aquifers – no treaty “ status”

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Why did countries accede?Water safety high priorityYou cannot do it alone – cooperation neededPrinciples of international law/ cooperation

Makes for a complete set of laws at various levels on protection and enhancement of water quality, water quantity and the infrastructure for international watercourses

general obligation to protect and maintain the ecosystems of international watercourses also in other treaties.

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Do we need more global “legislation”?Rivers and lakes do not respect political

boundaries – indeed, they are often the basis of them.

What mechanisms exist to prevent water from being held, diverted, or polluted by one country to the disadvantage of others?

Which are the procedures or frameworks for considering claims or resolving disputes over transboundary water resources?

Three quarters of the world’s countries face potential disputes with neighbours over shared rivers, lakes, wetlands or aquifers

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WHY promote the conventions? Why do we need global “legislation”?

National laws do not provide for “across the river”

Harmonization even within countries / between basins with same riperians; States struggle to implement multiple agreements in a coordinated fashion

National laws e.g. non-existent, outdatedStimulate cooperation among countries

and involvement of stakeholders at large11

WHY promote the conventions? Why do we need global “legislation”? (2)

Complement other treaties/ conventionsInstrument for climate change adaptation talks and

Transboundary Aquifers draft convention knowledge and information exchangeAccountability & transparency: clear

responsibilities and rights and incorporate other stakeholders

Facilitate negotiations (agenda & procedure available)

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Prevent Potential conflictDevelopment related Disputes (state and non-

state actors): where water resources or water systems are a major source of contention and dispute in the context of economic and social development

Control of Water Resources (state and non-state actors): where water supplies, hydropower or access to water is at the root of tensions

Political Tool (state and non-state actors): where water resources, or water systems themselves, are used by a nation, state, or non-state actor for a political goal

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Actions:All countries become contracting states to

one or both conventions;Current contracting states to call on their

neighbours and partner countries to join the conventions as well; (diplomatic efforts/” adoption plans”; development cooperation)

All states to employ their best efforts to promote both conventions’ broad(er) accession and effective implementation, including:

– Involving joint river basin organizations in the process and seeking guidance from their experts;

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Actions:Authorizing the regional economic integration

organizations of which they may be part to accede to the conventions and engage in their implementation;

Asking UN General Assembly to give a mandate to an appropriate UN agency or program to lead efforts to raise awareness, promote accession and implementat° of the conventions within UN system;

Requesting the High Level Political Forum on sustainable development to incorporate the implementation of the conventions into their monitoring framework;

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ActionsUN Water, the relevant UN agencies, programs,

IUCN, the World Bank, and other dev’t institutions to provide financial and technical assistance to countries through the ratificat° and implementat° processes;

Int’l water community at large, incl. non-state actors in the fields of water, conservation, climate change, human rights, gender, to raise awareness of the value and importance of the conventions; especially among ministers and parliamentarians, for getting additional accessions necessary for the Conventions to have a real global coverage and impact.

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Resources:http://www.panda.org/unwc http://www.unece.org

/fileadmin/DAM/env/water/publications/WAT_Guide_to_implementing_the_WC/ECE_MP.WAT_39_Guide_to_implementing_water_convention_small_size_ENG.pdf

http://www.unwatercoursesconvention.org/http://www.transboundarywaters.orst.edu

/database/http://www.un.org

/waterforlifedecade/water_cooperation.shtml 17

Resourceshttp://www.un.org

/waterforlifedecade/transboundary_waters.shtml http://www.internationalwaterlaw.org

/blog/category/un-watercourses-convention/http://www.siwi.org/knowledge-services/

transboundary-water-management/http://www.thehagueinstituteforglobaljustice.org http://www.unitar.org/event/introduction-water-

diplomacy

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Resourceshttp://www2.worldwater.org/conflict.htmlhttp://www.ramsar.org/cda/en/ramsar-

home/main/ramsar/1_4000_0 (RAMSAR)http://www.transboundarywaters.orst.edu/

database/ http://www.unece.org/env/eia/eia.html

(ESPOO)

“The UN Water Courses Convention in force”, Earth scan ISBN 978-1-84971-446-4 (2013)

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