EU SUPPORT TO ORASECOM PROJECT CLOSURE WORKSHOP 28 JUNE 2011
THE FIRST CHALLENGE; There was considerable duplication of activities between the 4 ICP programmes!! The Inception Report proposed a re-focussing of the plans for the EU Support to avoid duplication. The result of this was that the LogFrame was no longer logical nor much of a framework!!
THE EU PROJECT PURPOSE; To support institutional strengthening and to build the capacity of institutions for the implementation of priority projects and development of water conservation and environmental strategies and policies in the Orange-Senqu River basin.
A STRONG ORASECOM WILL; Issue ‘implementable recommendations’ to the Parties which are…. - based on sound science. - allowed within the legal framework. - consistent with the resource constraints. - not in conflict with the bilateral arrangements. - consistent with national development trajectories . - based on reasonable and equitable water use Provide a ‘level playing field’. Foster active discussion of new ideas and concepts. Facilitate access to finance and support. Provide a repository for information on the basin. Be seen to be strong!
WHAT CONTRIBUTION HAS THE EU SUPPORT HAS MADE TO ‘STRENGTHENING’ ORASECOM? The Communications Challenge. The Legal Challenge. Allocating water across borders. The Water Resource Quality Monitoring Challenge. The Institutional Challenge and Delphi Process. Catchment acupuncture.
THE COMMUNICATIONS CHALLENGE - MARKETING ORASECOM’s STRENGTH
EFFECTIVE MARKETING REQUIRES:- A vision and slogan – i.e. A message that conveys what the organisation does. Consistency in messages, and clear ‘look and feel’. A strategy and approach. A communications team.
THE SAGA OF THE LOGO AND LOOK AND FEEL We had a slogan – ‘one river – four nations’, but no clear vision or image to portray to the public. We did have a logo, but this did not seem to be consistent with ‘modern’ logo designs.
PROFILING AT 13 EVENTS…… The Orange River Symposium (2x) RiverSymposium – Perth World Water Day - Maun SADC – RBOs (2x) Africa Water Week (2x) Joint Basin Survey (5x)
THE LEGAL CHALLENGE - WHAT IS ORASECOM’s LEGALMANDATE?
THE INTENTION WAS TO BUILD ON THE LEGAL ANALYSIS IN THE GIZ PHASE I WORK…. Is there anything in the Revised SADC Protocol, the ORASECOM Agreement and National Legislation that would constrain implementation of a Basin Wide Plan? Better understand the raft of legislation applicable. The International Water Law course – How do you interpret Reasonable and Equitable use? The ‘Other Treaties’ course – What other instruments will affect ORASECOM’s work? The Negotiation Skills course – How could ORASECOM facilitate negotiations?
THE LEGAL ANALYSIS… The Helsinki & Berlin Rules, the Revised SADC Protocol, Berlin Rules, and the ORASECOM Agreement; - Defining the basin - Reasonable and equitable use Defining the Waters of Common Concern and the definition of the drainage basin. The instruments of ratification and Depository. Revision of the ORASECOM Agreement, and Rules of Procedure. Revising the ORASECOM Agreement may create more problems than it solves. The current Agreement’s strength may lie in its non-specificity
THE INTERNATIONAL WATER LAW COURSE International customary law suggests that Reasonable and Equitable use is primarily founded on the human dependency on the water. Significant Harm and Reasonable and Equitable are two sides to the same coin. There is an obligation to assess transboundary impacts in the EIA The Parties wanted their technical experts to get together to advise them on how they could all realise their objectives – and gave them quite wide powers to do this. – But make sure your advice is consistent with the applicable international water law.
THE ‘OTHER TREATIES’ COURSE Ramsar, Climate Change, Biodiversity, Desertification Conventions – lend support to the Basin Wide Plan. The Southern African Customs Union, a form of benefit sharing? The Southern African Power Pool – limiting carbon footprint, promoting regional integration and reducing water demands.
THE NEGOTIATION SKILLS COURSE • Duty to negotiate • Phases of Negotiation • Pre-Negotiation: • Negotiation & Rules of Procedure: • Adoption and Agreement: • Implementation • Dispute Avoidance / Resolution • Practical Exercises • THE FORMULATION OF THE BASIN WIDE PLAN • IS A NEGOTIATION PROCESS