Sylvester A. MatemuE-mail: sapndekambo@gmail.com

Zambezi Watercourse Commission

Experience of the Establishment of ZAMCOM

United Nations Economic Commission for Europe

First Workshop “River Basin Commissions and Other Joint Bodies for Transboundary Water Cooperation

Legal and Institutional Aspects”, 23-24 September 2013, Geneva, Switzerland

Outline

• Introduction• Historical + Contemporary cooperation• ZAMCOM Development• Role of NWL – TWM• Key Elements of IWL• Role of IWL• ZAMCOM Agreement• Role of SADC Revised Water Protocol• Challenges• Key Factors for Success• Conclusion

Introduction: Zambezi River Profile…

• Africa’s 4th largest river• Largest flow into Indian Ocean• Basin area: 1.37 M Sq. km• River Length: 2,700 km• Mean Annual Rainfall: 200 bln cu. M• Population: over 40 M • Member States – 8

…Introduction: - Zambezi Basin Part of SADC Region…

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…Introduction: Map of Zambezi River Basin…

Historical & Contemporary Cooperation

• Historical cooperation – 10th century to 1987.

• Emphasis on enter – country cooperation• Contemporary cooperation – 1987 to 2001

– ZACPLAN – ZACPROs• ZACPLAN spin off + Regional Impact

– SADC Water Protocol (1995) revised (2000) and ratified 2001 Establishment of SADC Water Sector Coord. Unit 1996

ZAMCOM Development

• June 1999 ZAMCOM Agreement Negotiations begun

• July 2004, ZAMCOM Agreement signed by majority of Riparian States

• May 2011, IZS established and Botswana –host

• June 2011 ZAMCOM Agreement entry into force

• May 2013, Zimbabwe Designated to host ZAMSEC

Role of National Water law -TWM

• Legal entitlement + Allocation of uses• Institutional mechanisms• Dispute avoidance and resolution• Public participation

- Agenda 21, chpt 18- Dublin Statement on water (1992)

Key Elements of IWL

Implementation

Scope

SubstantiveDefines rights &

responsibilities of users

Ensures compliance and accommodates changes

in circumstances

What uses?

What waters?

What users?

The Role of IWL

Legal Entitlement

Framework for Implementation and

Enforcement

Implementation

Rights and Obligations

ZAMCOM AGREEMENT

• Main Articles in consistence with SADC Protocol + IWL (UN Charter and 1997 UNWC)

• Art. 2 - Scope• Art. 6 - Institutional Mechanism (organs) • Art. 12 - Principles • Art. 13 - Substantive rule (ERU) – All relevant

factors be considered (7 factors)• Art. 14 + 15 - Legal Obligations for Member

States• Art. 16, 17 + 20 – Procedural Rules• Art. 21 - Dispute Settlement

Role of SADC Revised Protocol 2000

• Promotion of Equitable and reasonable utilization in the SADC Region as Provided for under Articles: 3(7)(a) and (b) and Article 3(8)(a) and (b) of the Protocol

• Art. 6(2) encourage Member States to enter into Agreements on shared watercourses (ZAMCOM, LIMCOM, JRRBWC etc)

• Art. 2 and 3 - Obligation to co-operate• The mentioned Articles are in consistence with

ZAMCOM Agreement

Challenges

• Interaction between national + Int’l obligations- now two questions:(a) what are the rights and duties of riparian States in relation to their utilization of transboundary watercourses? (b) how can these rights be regulated and

enforced?• Enforcement

Key Factors for success• SADC Water Protocol fosters cooperation• Shared Vision – Southern African Vision for

Water, Life and Environment• High level Political commitment• Regional Legal Framework – SADC Reg. Agenda

for Integration and poverty alleviation• Negotiation process ownership and leadership• Mutual respect and confidence building• Joint infrastracture monitoring – United D/mgnt • Sharing Water Vs Benefits• Coordination

Conclusion• Good water management practices at the national

level can be a positive influence on those at the international or basin level.

• It is important for TWS to recognize the need to work with other riparian States in order to meet the anticipated national and international imperatives and this must be supported through a well conceived national water policy

• Inclusive stakeholders consultations, regardless of species is fundamental to mitigating untold conflicts over shared river basin waters

Thank you!

Every Stakeholder Matters in TWM