1992 UNECE Water Convention

Transcription

INTERNATIONAL CONVENTIONS ON
TRANSBOUNDARY WATERS
Global Solution to Regional Challenges
Nataliya Nikiforova
UNECE
Luanda, 24 a 27 de Setembro de 2013
CONFERÊNCIA INTERNACIONAL SOBRE ENERGIA E ÁGUAS
INTERNATIONAL CONFERENCE ON ENERGY AND WATER
Centro de Convenções de Talatona, Luanda | 25 a 27 de Setembro de 2013
1ª Conferência Internacional sobre Energia e Águas | 1st International Conference on Energy and Water
Uma iniciativa do:
Two framework multilateral instruments
• 1997 Convention on the Law of the Nonnavigational Uses of International
Watercourses (UN Watercourses Convention,
or New York Convention)
• 1992 Convention on the Protection and Use
of Transboundary Watercourses and
International Lakes (UNECE Water
Convention, or Helsinki Convention)
Uma iniciativa do:
1997 UN Watercourses Convention
• Adopted by UN General Assembly in 1997 on the basis of
1994 ILC Draft Articles – 3 decades, all continents
• Voted in favour by 106 States
• Global legal framework
• Strongly recognized as evidence of international
customary law
• Already influenced many agreements (2000 Revised
Protocol on Shared Watercourses in SADC region,
Albufeira Convention, etc.)
Uma iniciativa do:
1997 UN Watercourses Convention
• Not yet in force (5 ratifications missing), expected entry into
force - early 2014
• Ratified (30): Benin, Burkina Faso, Chad, Denmark, Finland,
France, Germany, Greece, Guinea-Bissau, Hungary, Iraq,
Italy, Jordan, Lebanon, Libya, Luxemburg, Morocco,
Namibia, Netherlands, Niger, Nigeria, Norway, Portugal,
Qatar, South Africa, Spain, Sweden, Syrian Arab Republic,
Tunisia, Uzbekistan
• in green – Member States of South African Development Community
* in red – also Parties to 1992 UNECE Water Convention
Uma iniciativa do:
• Negotiated in 1990-1992 through an intergovernmental process under
the auspices of UNECE, largely relying on ILC Draft Articles process
• Negotiated originally as regional instrument
• Signed on 17 March 1992, in force on 6 October 1996
• Protocol on Water and Health adopted in 1999, entered into force in
2005
• Protocol on Civil Liability adopted in 2003
Water Convention – negotiated in Europe – but what is
Europe?
•
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Not only European Union, but includes all ex-Soviet Union countries
Not a peaceful continent
Not a homogeneous continent in terms of economic development
Not a water-problem free continent
Uma iniciativa do:
2003 Amendment to the 1992 UNECE Water
Convention
Opening up the Water Convention to all UN Member States
Aim:
 apply the principles and provisions worldwide
 broaden political support for transboundary cooperation, raise awareness
and build capacity
 share the experiences of the Convention
 learn from other regions of the world
Amendments enter into force on 6 February 2013 => the Convention becomes a
global instrument
Possibility for all UN Member States to accede from early 2014 when all 2003
Parties ratify the amendments
Uma iniciativa do:
6th Meeting of the Parties to 1992 UNECE Water
Convention (Rome, November 2012)
• Unanimous decision of Parties to grant the approval to all future
requests from non-UNECE countries
• 18 non-UNECE States participated (incl. DRC, Namibia, SADC
secretariat)
• Iraq and Tunisia formally expressed their interest in joining the
Water Convention as soon as possible, strong interest from
Bangladesh, Costa Rica, Honduras, Nicaragua
Uma iniciativa do:
Support to opening the 1992 UNECE Water Convention
Message by UN Secretary General Ban Ki-moon
to the sixth Meeting of the Parties to Water Convention
(Rome, November 2012)
“Soon the Convention on the Protection and Use of
Transboundary Watercourses and International Lakes will
become open for accession to all Member States. Your
experience and the lessons you have learned will be
invaluable. I encourage countries outside the UNECE region
to join the Convention and contribute to its further
development.”
Uma iniciativa do:
The two Conventions:
compatibility and mutual complementariety
Two same substantive principles:
o -equitable and reasonable utilization
o -due diligence obligation of no-harm
Principle of cooperation as catalyst for the implementation of the two substantive ones
(specified in the obligations to notify, to consult, to exchange information, to enter into
agreements and establish joint bodies, etc.)
Two major differences:
•
Mandatory character of institutional cooperation between Riparian Parties in the
UNECE Water Convention (recommended in Watercourses Convention)
•
Institutional mechanism based on the Meeting of the Parties in the UNECE Water
Convention (no such mechanism in Watercourses Convention)
Few other differences: confined groundwater not covered by Watercourses Convention;
intellectual property limitation to exchange of information in UNECE Water Convention;
obligation to adapt existing agreements to basic provisions in UNECE Water Convention
Uma iniciativa do:
Strengthening synergies with the NY Convention at
different levels
Guide to Implementing the Convention –references to ILC work
and NY Convention
MOP (2012):
all Parties to NY Convention invited;
mandate to promote coordination and offer an
intergovernmental framework for discussion on the two
Conventions
Work programme: issues present in NY Convention and not
explicit in Water Convention
NY Convention in capacity-building and field activities
Uma iniciativa do:
1992 UNECE Water Convention: 20 years of
experience – Comprehensive institutional structure
Meeting of the Parties
Bureau
Implementation Committee
(Legal Board)
Working Group on Integrated Water Resources
Management
(Working Group on Monitoring and Assessment)
Task Force on Water and Climate
Task Force on Water-Food-Energy-Ecosystems Nexus
Joint ad-hoc Expert Group on Water and Industrial
Accidents
Supported by
UNECE Executive Secretary and the secretariat
Uma iniciativa do:
1992 UNECE Water Convention: Main obligations
• Protection of transboundary waters by preventing,
controlling and reducing transboundary impacts
• Reasonable and equitable use of transboundary waters
• Obligation to cooperate through agreements and joint
institutions
=> Overall objective is sustainability
Uma iniciativa do:
1992 UNECE Water Convention: Two categories of
obligations
I.
Obligations for all Parties => also benefit for national
legislation
 Licensing of wastewater discharges by competent national authorities and monitoring
of authorized discharges
 Best environmental practice for non-point pollution sources
 Minimization of risk of accidental pollution
 Application of environmental impact assessment
II.
Obligations for Riparian Parties => Convention does not
replace basin agreements
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Cooperate on basis of equality and reciprocity
Conclude bilateral and multilateral agreements or revise existing ones
Establish joint bodies (e.g. river commissions)
Consult and exchange information
Joint monitoring and assessment
Elaborate joint objectives and concerted action programme for their shared waters
Uma iniciativa do:
1992 UNECE Water Convention: New Programme of
Work for 2013-2015
Support to implementation
and accession
Water-food-energyecosystems nexus
Adapting to climate change in
transboundary basins
Promotion of the Convention
and establishment of strategic
partnerships
Quantifying the benefits of
transboundary cooperation
Opening of the
Convention
EU Water Initiative
and National Policy
Dialogues
Uma iniciativa do:
Area 3: Quantifying the benefits of transboundary
water cooperation
 Methodology: Development of a Policy Guidance Note on Identifying,
Quantifying and Communicating the benefits of cooperation
 Objectives: Support countries to estimate the full range of potential benefits of
transboundary water cooperation to encourage the broadening of cooperation
 Activities:
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Expert framing workshop (June 2013)
Seminar during the Stockholm World Water Week (3 Sept. 2013)
Working session at the WG-IWRM (25 Sept. 2013)
Workshop to gather & share experiences (22-23 May 2014)
Expert Workshop to finalize the policy guidance note and discuss next steps (Nov.
2014, tbc)
http://www.unece.org/env/water/ benefits_cooperation.html
Uma iniciativa do:
Area 4: Adapting to climate change in transboundary
basins
Impacts of climate change on water -> needs for
transboundary cooperation -> Task Force on Water and Climate
Guidance on water and adaptation to climate change (adopted in
2009)
•
•
•
General roadmap towards adaptation of water management to climate
change
Step-wise approach
– Assess impacts of climate change
– Develop policy, strategic and
operational responses
– Transboundary and health focus
Used worldwide
The Convention seen as a major player
Uma iniciativa do:
Area 4: Climate change - Promoting cooperation
on the ground and exchange of experience
Global network of basins working on water and climate in cooperation with
INBO, IUCN, GWP and others
Focus mainly on developing a joint adaptation strategy
Specific focus defined by countries; some focus on water scarcity, others
on floods
Platform for exchanging experiences
Regular workshops, meetings of the
Task Force and Core Group of pilots.
Next OctoberJune 2014 in Geneva
Internet platform
Cooperation with UNFCCC and others
*Basins outside UNECE region that recently joined the global network are: Mekong, Niger, Congo,
Senegal, OSS (Sub-Saharan Aquifer and Western Sahara)
Uma iniciativa do:
Area 5: Water-food-energy-ecosystems nexus assessment of selected basins
• Identification of additional benefits from co-management and intersectoral coordination & cooperation
• Some 10 basins to be assessed (based on interest expressed) –
pan-Europe +other regions (Africa, Asia)
• Data collection with a questionnaire (+databases) & a participatory
inter-sectoral basin level workshop
• Main expertise: Royal Institute of Technology, Stockholm
• Piloting the methodology on the Alazani/Ganyh (GE, AZ) Sept-Dec
2013; basin assessments Jan 2014-April 2015 (the Sava the first)
Uma iniciativa do:
Area 5: Assessment of the water-food-energyecosystems nexus: elements
1.
2.
3.
A mapping of the land, energy and water balances
A set of nexus interlinkages identified
Scenarios of potential trade-offs that may arise as demands,
management patterns or e.g. the climate change
4. An institutional analysis
Constructed indicative ‘balances’ help initiate /enrich discussions
on important nexus trade-offs, institutional economy &
resource allocation
A conceptual picture of the nexus in the basin with relative
importance interlinkages , illustrated with indicators, and
limited quantification of selected aspects (subject to data).
Optional: the mapping can be the basis for a later
quantitative trade-off analysis (depending on the countries
interest & availability of donor funding)
Uma iniciativa do:
1992 UNECE Water Convention:
Working with non-Parties
• The 1992 UNECE Water Convention has been also
involving non Parties in its activities (TajikistanAfghanistan)
• More focus given to neighbouring countries, sharing
water with countries of the region (e.g. dam safety)
• Strategy on globalization of the Convention under
preparation
Uma iniciativa do:
and SADC countries involvement
A number of countries from the SADC region participated to the 6th MoP in Rome
in Nov 2012 as well as in other activities under the Convention - DRC, Namibia,
South Africa as well as SADC secretariat
African countries already participating in technical activities (Yearly Workshops
on Water and Adaptation to Climate Change)
How can SADC countries further engage
Participate in activities under the Convention (joint bodies, climate change, water-foodenergy-ecosystems nexus assessment, benefits of cooperation, etc.)
Basins/countries of Latin America are welcome to join the global network of basins working
on water and climate (complete the form of expression of interest)
Build capacity on the Convention nationally
Cooperation with other partners active in the region to support implementation of the
Convention (GEF, bilateral donors, ….)
Discuss/prepare for accession
Uma iniciativa do:
20 years of experience: 1992 UNECE Water
Convention – lessons learned
Strong legal framework coupled with support to implementation
through assistance and capacity building
Comprehensive institutional framework
Combination of policy and technical work
Model for many of the existing agreements (Danube, Sava, Bug,
Kazakh-Russian, Lake Peipsi, also the EU Water Framework
Directive)
Influence on river Commissions
Strong ownership by Parties and strong involvement of non-Parties
Continuously evolving – response to new challenges and growing
needs
Work in partnership: UN agencies, International financial institutions
(GEF), NGOs, etc.
Cooperative spirit between all involved stakeholders
Forum for dialogue, sharing of experience and mutual support
Uma iniciativa do:
1992 UNECE Water Convention:
Upcoming meetings and events
• First Workshop “River Basin Commissions and Other Joint Bodies
for Transboundary Water Cooperation: Legal and Institutional
Aspects” (23 - 24 September 2013), Geneva, Switzerland
• Working Group on Integrated Water Resources Management (25
- 26 September 2013), Geneva, Switzerland
• Workshop on the Opening of the Convention (24 – 25 March
2014), Geneva, Switzerland
• Working Group on Integrated Water Resources Management (25
- 26 June 2014), Geneva, Switzerland
• Task Force on the Water-Energy-Food Ecosystems Nexus (8 – 9
September 2014), Geneva, Switzerland
• Fifth Workshop on Water and Adaptation to Climate Change in
Transboundary Basins (13 – 14 October 2014), Geneva,
Switzerland
Uma iniciativa do:
Thank you!
More information
including guidelines, publications and
information on meetings and activities
under the
can be found at
http://unece.org/env/water
[email protected]
Uma iniciativa do:

1992 UNECE Water Convention

Transcription

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