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Workshop on the Two Water Conventions: Relationship between VBA Legal Framework and the Water Conventions

This workshop will focus on the relationship between the legal framework of the Volta Basin Authority (VBA) and the two Water Conventions. It will explore the implementation of Integrated Water Resource Management (IWRM) principles and the development perspectives of the VBA legal framework for water management in the Volta Basin.

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Workshop on the Two Water Conventions: Relationship between VBA Legal Framework and the Water Conventions

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  1. Workshop on the two Water Conventions25 January 2018Accra, GhanaRelationship between VBA legal framework and the Water Conventions Belemlilga Eleonore, LegalOfficer, VBA

  2. The Volta Basin • International Basin Organization (6 countries), BENIN BURKINA CÔTE D’IVOIRE GHANA MALI TOGO • Population of the basin~ 20 million • Surface: ~400,000km2 • January 2007 – creation of the VBA through a Convention adopted by The Head of States • August 2009 – Entry in force of the VBA Convention

  3. Legal framework • Two main texts: • Convention on the Status of the Volta River and the establishment of the Volta Basin Authority, 2007 • Statutes of the Volta Basin Authority, 2007 • Others (Institutional) • Code of conduct for the natural resources of the Volta basin between Ghana and Burkina (contains principles but not signed and not binding), 2006 • IWRM technical Committee between Ghana and Burkina, 2008 • IWRM technical Committee between Mali and Burkina, 2013

  4. The Convention on the Status of the Volta River and the establishment of the Volta Basin Authority(VBA Convention) • Signed by the six countries of the Basin (Benin, Burkina, Cote d’Ivoire, Ghana, Mali, Togo) in 2007 and entry in force in 2014 • Declare the Volta river as an international River (Art 2) • Create the Volta Basin Authority (VBA) as an implementing institution (Art 3) • Set up nine principles for the cooperation between States on the river management (Art 4) • Defines the mandate of the VBA which is mainly the implementation and promotion of IWRM and the scope (Surface and groundwater, Art 6-7) • Set up the institutional framework of the Volta basin Authority (Art 8-9)

  5. The VBA Convention (cont’d) • Institutional framework made of: • The Head of States • The Council of Ministers in charge of water resources • The forum of parties (Include NGOs, Collectivities…) • The Committee of experts (WRC, Technical WR Directors…) • The Executive Directorate (VBA) • Amendments, dispute settlement and dissolution (article 10 to 15)

  6. Statutes of the Volta Basin Authority • Signed in 2007 by the Ministers in charge of water resources of six countries • Main purpose (article 1) is : • « …To provide for the specific objectives rules and procedures for the operation of the organs of the Authority. » • The Statutes is organizing the functionnement of the VBA Directorate and the Institutional framework according to the Convention (meetings, mandate…) • Remark: Lack of development of substantives and procedural rules for the water management

  7. Overview of the principles

  8. Overview of the principles (Cont’d)

  9. The Water Conventions in the Volta Basin • The 1992 UNECE Convention and the 1997 UN Watercourses • Convention • Three States of the Volta Basin are parties to the UN watercourses convention : Benin, Burkina Faso and Cote d’Ivoire • No State party to the UNECE water convention • Water management principles are just enounced in the Volta Convention, not developed, no institutional framework for their implementation (ex: notification process)

  10. The Legal framework development perspectives in the Volta Basin • The elaboration of the VB Water Charter (2017 – 2019) • To consolidate and complete the VBA Convention • Provide tools and institutional arrangements for the implementation of the Water Law principles • For its elaboration the VBA is taking advantage of the existence of international legal texts such as the two water conventions and some water charters already developed in west Africa (Niger, Senegal and lake Chad basins)

  11. Expectations on the draft water charter structure • After interviews and consultations, some expectations of the stakeholders about the water charter are that it should: • Promote IWRM principles • Define a framework for the resolution of conflicts • Define rules for water allocation • Develop the notification procedure • Develop the procedure for the exchange of data • Etc

  12. Draft outline in discussion • The expectations will be translate on provisions in the future water Charter: • General provisions (Precision on the Status of the waters (groundwater), definitions) • Quantitative management of surface and groundwater (equitable and reasonable principle…) • Protection and preservation of water quality (pollution, …) • No harm principle • Emergency planning • Basin development planning • Notification of planned measures • Collection and exchange of data and information • More Principles and procedural rules and Annexes

  13. References •  UN Watercourses Convention Users’ Guide : http://www.unwatercoursesconvention.org/the-convention/ • Water Convention Implementation Guide: http://www.unece.org/index.php?id=33657 • Analysis of the two Water Conventions : http://www.unece.org/index.php?id=39028 • Amidou Garane. UN Watercourses Convention: Applicability and Relevance in West Africa • VBA Convention on the Status of the Volta river and establishment of the Volta Basin Authority (2007)

  14. Thank you

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