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114

Institutional Arrangements and Policy

A number of initiatives and activities have since

been put in place to facilitate harmonisation,

transparency and accountability in the water

resource sector. However there is no single

focal point to manage the resource. The need to

formalise the cooperative framework and further

strengthen basin-wide cooperation remains

a challenge (SADCWater Division 2008). The

policies and strategies mentioned here have

been put in place to promote integrated resource

management among the riparian states.

SADC Regional Water Policy

The Southern African Development Community

(SADC) Regional Water Policy was developed

in 2005 through a highly consultative

and participatory process involving many

stakeholders. The Policy, implemented through

a regional strategy adopted in 2006, is premised

on the SADC Treaty, the Revised SADC Protocol

on SharedWatercourses, the SADC Vision for

Water, Life and the Environment in the 21st

Century, and the Dublin Principles.

This regional water policy is aimed at providing

a framework for sustainable, integrated and

coordinated development, utilisation, protection

and control of national and transboundary water

resources in the SADC region for the promotion

of socio-economic development and regional

integration and the improvement of quality of

life of all people in the region. It was developed

to facilitate the implementation of the Revised

Protocol on SharedWatercourses, and to have a

focused, coordinated management of regional

water resources (SADC and SARDC 2008).

The policy recognises IntegratedWater

Resources Management (IWRM) as the basic

approach to achieving these objectives and

ultimately the goal. Appropriate tools for

implementing IWRM are proposed, including:

• establishment of institutions at national and

regional levels;

• capacity building;

• stakeholder participation;

• water resources information management;

• implementation of IWRM plans;

• conflict resolution; and,

• environmental management.

Revised SADC Protocol on SharedWatercourses

The Protocol entered into force in 2003 and its

main objective is to foster close and coordinated

cooperation in the management, protection

and utilisation of shared watercourses and

to advance the SADC agenda of regional

integration and poverty reduction. The Protocol

is the first sector-specific legal instrument to be

developed by SADC and creates an overarching

framework for management of the 15 shared

river basins in the SADC region.

IWRM is defined as “a process that promotes

the coordinated development and

management of water, land and related

resources in order to maximise the resultant

economic and social welfare in an equitable

manner without compromising the

sustainability of vital ecosystems.”

The main points of the Protocol on Shared

Watercourses are:

• Ensuring that utilisation of shared

watercourses is open to each riparian

state without prejudice to its sovereign

rights;

• Observing the objectives of regional

integration;

• Ensuring that all interventions are

consistent with sustainable development;

• Respecting the existing rules of customary

and general international law;

• Recognising the unity and coherence of

each shared watercourse system;

• Maintaining a balance between water

resources development and conservation;

• Pursuing close cooperation in the study

and execution of all projects on shared

watercourses, exchange of information

and data;

• Utilising a shared watercourse in an

equitable and reasonable manner;

• Maximising the benefits from a shared

watercourse through optimal and

sustainable development;

• Participating and cooperating in the use,

development and protection of a shared

watercourse;

• Taking all appropriate and reasonable

measures when utilising a shared

watercourse to prevent significant harm

to other states;

• Eliminating or mitigating such harm

and where appropriate, discussing

and negotiating the possibility of

compensation; and

• No state shall deny anyone the right

to claim compensation or other relief

in respect of significant harm caused

by activity carried out in a shared

watercourse.

Source: SADC 2000

Principles of the Revised SADC

Protocol on SharedWatercourses