Equitable sharing of the water resources of the Zambezi river basin

Phys. Chem. Earth (B), Vol. 24, No. 6, pp. 571-578, 1999 0 1999 Elsevier Science Ltd All rights reserved 1464-1909/99/$ - see front matter

Pergamon

PII: S1464-1909(99)00047-7

Equitable Sharing of the Water Resources of the Zambezi River Basin M. J. Tumbare Zambezi River Authority, PO Box 30233, LUSAKA, Zambia Received 2 7 April 1998; accepted 14 September I998 Abstract. Water is a finite resource which is unevenly distributed in time and space and which becomes progressively scarce as demand increases for its various competing uses. Where the water resources are shared by more than one state, the sharing of this finite resource can become complex and problematic bearing in mind the different social, environmental and economic needs of each riparian state, the differing state priorities, water pricing policies and economic development levels among other differences. This paper attempts to analyse how the riparian states of the Zambezi River Basin may arrive best at equitably and sustainably sharing the water resources of the Zambezi River Basin by proposing adoption of various principles and policies which should build on and support the project outputs of the Zambezi River Basin Action Plan which is currently being undertaken for the Zambezi River Basin. 0 1999 Elsevier Science Ltd. All rights reserved Intoduction I. 1.1

1.2

The Zambezi Action Plan (ZACPLAN)

ZACPLAN is a programme or management tool for the environmentally sound planning and management of the water and related resources of the Zambezi River Basin. This programme was adopted by SADC in 1987. There are 19 projects grouped into two categories with category I projects running from project 1 to 8 and category II projects as projects 9 to 19. Appendix 1 gives the details. The execution of the category I projects is underway with the Zambezi River Authority (ZRA) implementing project 6. The category II projects are yet to start. 1.3

The SADC Protocol on Shared Watercourse Systems

This Protocol is a result of work done under ZACPRO 2 project. It was signed by the SADC states in August 1995 and gives the framework for the establishment of river basin commissions and authorities through out the SADC region. By October 1998, two-thirds of the SADC member states had ratified this Protocol. Within the SADC region, fifteen river basins comprise Shared Watercourse Systems between two or more States. Every SADC state on the continent shares a river basin with another state. Table 1 gives these basins.

General

The Zambezi river Basin covers an area of about 1 350 OOOkn?and the river is the fourth largest in Africa after the Congo, the Nile and the Niger. It is the largest river in Africa flowing into the Indian Ocean and its basin drains some eight states; Angola, Botswana, Malawi, Mozambique, Namibia, Tanzania, Zambia and Zimbabwe. Figure 1 shows the Zambezi Rivet Basin. The population of the basin is currently estimated to be 38 million, The eight states of the basin are members of the regional economic grouping called the Southern African Development Community (SADC). The basin is rich in natural resources with major activities being mining, agriculture, fisheries, tourism and manufacturing. The famous Victoria Falls, Barotse Plains and Chobe Wildlife Sanctuary are found in the basin. The basin has a hydro-power potential of about 14250MW of which 9900MW have yet to be explored.

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M. J. Tumbare: Equitable Sharing of the Water Resources of the Zambezi River Basin whilst the southern and western areas are much less fortunate as typified by the Kalahari and Namibian deserts. Within the Zambezi River Basin itself, the same situation as the SADC region is experienced in relation to availability of water. See Figure 2.

Table 1: SHARED WATER COURSE SYSTEMS UTHIN SADC RECK River Basin

SADC Countries

Congo/Zaire

Zambia, Democratic Republic of Congo, Tanzania, Angola

Zambezi

Zambia, Zimbabwe, Malawi, Mozambique, Angola, Tanzania, Botswana, Namibia

Limpopo

Botswana, Zimbabwe, South Africa, Mozambique

Orange

Lesotho, Botswana, Namibia, South Africa

Ruvuma

Tanzania, Mozambique, Malawi

Komati

Mozambique, South Africa, Swaziland

Maputo

Mozambique, South Africa, Swaziland

Okovango

Angola, Botswana, Namibia

Cunene

Namibia, Angola

Cuvelai

Namibia, Angola

Save

Zimbabwe, Mozambique

Pungwe

Zimbabwe. Mozambique

Nata

Zimbabwe, Botswana

Buzi

Zimbabwe, Mozambique

Umbelezi

Swaziland, Mozambique

These Shared River Course Systems cover over 80% of the SADC region. Thus the water and other basin resources are being competed for by various riparian states for various uses. 2.

EQUITABLE RESOURCES

2.1

General

SHARING OF THE WATER

Water is a finite resource which is unevenly distributed in time and space. It becomes progressively scarce as demand increases for its various competing uses. In the SADC Region, the northern and eastern areas have generally and naturally higher rainfall and water resources

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2.2

Principles and Policies

2.2.1

The Helsinki Rules

The Helsinki Rules on the Uses of the Waters of International Rivers (incorporating all related rules adopted by the International Law Association) Chapter 2, give an international global perspective for the equitable utilisation of the waters of an international drainage basin. The various Articles of pertinent interest are; . Article III-A “States shall use their best efforts to achieve integrated water management of the water resources of their international drainage basins” . Article IV “Each basin state is entitled, within its territory to a reasonable and equitable share in the beneficial uses of the waters of an international drainage basin” . Article V (1) “What is a reasonable and equitable share within the meaning of Article IV is to be determined in light of all the relevant factors in each particular case” . Article V(2) “Relevant factors which are to be considered include, but are not limited to; the geography of the drainage basin, including in 4 particular the extent of the drainage area in the territory of each basin state; the hydrology of the basin, including in particular b) the contribution by each basin state; the climate affecting the basin; c) the past utilisation of the waters of the basin, 4 including in particular existing utilisation; the economic and social needs of each basin e) state; the population dependent on the waters of the f) basin in each basin state; the comparative costs of alternative means of g) satisfying the economic and social needs of each basin state; the availability of other resources h) the avoidance of unnecessary waste in the 0 utilisation of the waters of the basin; the practicability of compensation to one or more of the co-basin states as a means of adjusting conflicts among uses; and the degree to which the needs of a basin state may j) be satisfied, without causing substantial injury to a co-basin state”

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Article V(3) “The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable

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M. J. Tumbare: Equitable Sharing of the Water Resources of the Zambezi River Basin share, all relevant factors are to be considered together and a conclusion reached on the basis of the whole” Article VI “A use or category of uses is not entitled to any inherent preference over any other use or category of uses” Article VII “A basin state may not be denied the present reasonable use of the waters of an international drainage basin to reserve for cobasin state a future use of such waters” The Convention on the Law of the NonNavigational Uses of International Watercourses (United Nations A/5 l/869, 11 April 1997) Part II, Article 5 of the Convention deals with and equitable and reasonable utilisation participation of watercourse states whilst Article 6 gives the factors relevant to equitable and reasonable utilisation of international watercourse systems as follows: Article S(1) “Watercourse States shall in their respective territories utilise an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse states with a view to attaining optimal and sustainable utilisation thereof and benefits therefrom taking into account the interests of the watercourse states concerned, consistent with adequate protection of the watercourse.” Article 5(2) “Watercourse states shall participate in the use, development and protection of an international watercourse in an equitable and reasonable manner. Such participation includes both the right to utilise the watercourse and the duty to co-operate in the protection and development thereof, as provided in the present convention.” Article 6 (1) “Utilisation of an international watercourse in an equitable and reasonable manner within the meaning of Article 5 requires taking into account all relevant factors and circumstances, including: Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character; The social and economic needs of the watercourse states concerned; The population dependent on the watercourse in each watercourse state; The effects of the use or uses of the watercourses in one watercourse state on other watercourse states; Existing and potential uses of the watercourse Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect;

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The availability of alternatives, of comparable value, to a particular planned or existing use” Article 6(2) “In the application of Article 5 of paragraph 1 of this article; watercourse states concerned shall when the need arises, enter into consultations in a spirit of co-operation” Article 6(3) “The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole”

2.2.3

SADC Protocol on Shared Watercourse Systems

g) .

The above Helsinki Rules were captured in the SADC Protocol on Shared Watercourse Systems in the Preamble and in Article 2 General Principles, in particular subarticle 2(7). The Region is further currently amending this Protocol to take into account the pertinent provisions contained in the Convention on the Law of the NonNavigational use of International Watercourses (United Nations A/5 l/869 of 11 April 1997) 2.2.4

The Copenhagen Declaration

The Copenhagen Report (199 1) on the implementation mechanisms for integrated water resources development and management gives two key principles which are considered to be prime components of future water resources management for rural communities. These two key principles are considered appropriate at all levels and state that; . Water and land resources should be managed at the lowest appropriate levels; and . Water should be considered as an economic good with a value reflecting its most valuable potential use 2.2.5

United Nations Conference on Environment and Development (RIO 1992)

The Rio Declaration and Agenda 2 1 and its Chapter 18 give guidance and are pertinent to the issue of integrated water resources management and the treatment of international waters. The Global Environmental Facility Council has taken the various declarations and there is now an Operational Strategy which, among others, deals with international water projects. 2.2.6

World Water Council

The Paris International Conference on “Water and Sustainable Development” (19-21 March 1998) made a final declaration in which the Ministers and Heads of Delegations to the Conference committed themselves to supporting the implementation of the following guidelines;

M. J. Tumbare: Equitable Sharing of the Water Resources of the Zambezi River Basin Fig 2. Internal Renewal water Resources States within SADC

of Southern African

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lntcmational boundcrier

Acronyms

: IRWR = internal Renewable

Water Resources

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2.2.7

M. J. Tumbare: Equitable Sharing of the Water Resources of the Zambezi River Basin Promote the integration of all aspects of the development, management and protection of water resources by developing plans which set out to satisfy basic needs to promote efficient and equitable allocation of water resources, the protection of ecosystems and the maintenance of the hydrological cycle Mobilise adequate financial resources from public and private sectors and, as an important part of the task, enhance the effective use of available resources Improve knowledge, training and information exchange by encouraging increased transfer of technology and expertise, the development of monitoring and information systems related to water resources and their different uses and support programmes for vocational and continuous training The Dublin Principles (1992)

The four Dublin Principles state that; . . . .

3.

Water and land must be managed in an integrated way; Management must be participatory and at the lowest possible level Positive policies must be formulated to address women’s needs and empower women; and Water should be recognised and treated as an economic good DISCUSSION

One cannot equitably share the water resources of a river basin amongst riparian states without knowing or quantifying the resource. Further, within each state and within the river basin as a whole, there are various competing uses of the water resource which need equitable sharing and allocations. It is further impractical to share the water resources equitably between uses and amongst riparian states without putting a value to the water resource. Once the value is assessed and agreed upon, optimization of allocations of the water resource between uses and riparian states become easier. Further, “value” may be in economic terms or in terms of life sustainance (life being inclusive of all living creatures) or in terms of negative consequences which become global. It should be further noted that there is a difference between “value”, “cost” and “tariff’ in the valuation of water which should be borne in mind when discussing equity in sharing of water resources. The ZACPRO 6 project in its three phases aims at achieving the following; .

establishment of a data base to enable information exchange between riparian states of the Zambezi River

. . .

establishment and quantification of the various major uses and users of water resources establishment of the inter-relationship of cause and effect between uses establishment of management programmes and procedures to allow for the optimum development of the water resources in an integrated manner that ensures preservation of the environment and water quality whilst minimising conflicts over water use.

The ZACPRO 6 project aims at addressing Articles 6 (l)(b), 6 (I)(c), 6 (l)(d) and 6(l)(e) of the Convention referred to above whilst the other ZACPLAN programmes seek addressing Articles 6(l)(f) and 6(l)(g). The SADC Protocol on Shared Watercourse Systems aims at addressing amongst other articles, Article 5 and 6 of the convention whilst generally including most of the principles of integrated water resources management stated above. This SADC Protocol further provides a legal framework for allocation of water amongst riparian states and settlement/avoidance ofwater related disputes which might arise from the various development activities in these shared watercourse systems. The Protocol thus sets a foundation for all river basin agreements in the entire SADC region. Water transfer schemes to mitigate acute water shortages within shared river basins and regions are inevitable and require negotiations which call for a legal framework to negotiate within and a data base giving all the information to all parties. Thus the SADC Protocol and ZACPLAN projects will go a long way in assisting member states reach conclusions when such schemes are being planned.

4. CONCLUSION The Zambezi River Basin States are currently working out an integrated water resources management plan for the Zambezi River Basin through the ZACPRO 6 and other ZACPLAN projects. This aims at eventual acceptance by the riparian states of an equitable way of sharing the water resources amongst different uses and users and amongst themselves. It should be noted that the increasing competition between different uses and users of water at national or international basin level, should not be seen or taken as a course of conflict but as an opportunity for creating and strengthening co-operation between riparian states. The most likely scenario for any such water related future conflicts would be because of failure to meet the internal challenges facing national governments. This risk could be mitigated through co-operation, understanding, trust, identification of expectations and concerns through determination of the potential of the water resources base to enable negotiations to be undertaken based on facts.

M. J. Tumbare: Equitable Sharing of the Water Resources of the Zambezi River Basin 5. REFERENCES Chabwela, H. (1991), “Wetlands: A Conservation programme for Southern Africa,” IUCN and SADC, Harare Ohlsson, L. (1993, “Water and Security in Southern Africa”, Water Resources Report No 1, Department of Natural Resources and Environment, University of Gothemburg Global Environmental Council (1996), Global Environmental Facility: Operation Strategy,” Washington DC International Law Association (1996), “The Helsinki Rules on the use of waters of International Rivers,” Draft Document SADC (1995), “Protocol on Shared Watercourse Systems” Nordic Fresh Water Initiative (1991), “Copenhagen Report Implementation Mechanism for Integrated Water Resources Development and Management”

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Tumbare, M.J & Mukosa, C.F.G (1995) “The Zambezi River Basin - A Case Study,” Conference on Conflicts in Reservoir Development, City University, London Tumbare, M.J (1997), “A Strategic Action Plan for the sustainable Development of the Water Resources of the Zambezi River Basin,” 2nd Southern Africa Water and Wastewater Conference, Harare Tumbare, M.J & Tsokodayi C.M (1995), “Developments in the Zambezi River Basin,” Reservoirs in Basin Development, Santbergen & Van Western (eds), Balkema United Nations (1997) “Convention on the Law of the Non-Navigational uses of International Watercourses,” Reference A/5 l/869

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M. J. Tumbare: Equitable Sharing of the Water Resources of the Zambezi River Basin

APPENDIX 1: ZACPLAN PROGRAMME PROJECTS CATEGORY I PROJECTS

CATEGORY II PROJECTS

ZACPRO 1

ZACPRO 9

ZACPRO 2

Inventory of completed ongoing and planned projects. Environmental evaluation of major projects. Initiation of basin-wide exchange of information Development of regional Legislation for the Zambezi River Basin

ZACPRO 314 Development of human resources, administrative and institutional structures technical and capacities ZACPRO 5

Development of a basin- wide unified monitoring system related to water quality

ZACPRO 6

Development of an integrated water management plan for the Zambezi River Basin

ZACPRO 7

Environmental education and public participation in ZACPLAN

ZACPRO 8

Establish minimum water quality standards for water supply and waste water disposal within the Zambezi River Basin

Harmonise methodologies for water resources management and apply on selected projects

ZACPRO 10 Develop and strengthen national capabilities for carrying out environmental impact assessments ZACPRO I 1 Promote increased technical and financial support for environmentally sound management practices ZACPRO 12 Assess major energy sources and potential use, energy conservation measures, the feasibility of linking major hydropower plants, environmental impact studies for energy schemes and improved fuel wood utilisation ZACPRO I3 Adopt basin-wide environmentally sound watershed management guidelines ZACPRO 14 Prevent and control water related and water-borne diseases ZACPRO 15 Limnological studies of major basin lakes ZACPRO 16

Develop and apply ecologically sound vector control programmes, particularly against tsetsefly and mosquitoes

ZACPRO 17

Study impacts of inter-basin water transfers on the Zambezi River system

ZACPRO 18

Establish and implement living resource conservation programmes

ZACPRO 19

Research on aquatic plants and prevention of the spread of harmful flora