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9. Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes [London, 17 June 1999][11]


The Parties to this Protocol,

Mindful that water is essential to sustain life and that the availability of water in quantities, and of a quality, sufficient to meet basic human needs is a prerequisite both for improved health and for sustainable development,

Acknowledging the benefits to human health and well-being that accrue from wholesome and clean water and a harmonious and properly functioning water environment,

Aware that surface waters and groundwater are renewable resources with a limited capacity to recover from adverse impacts from human activities on their quantity and quality, that any failure to respect those limits may result in adverse effects, in both the short and long terms, on the health and well-being of those who rely on those resources and their quality, and that in consequence sustainable management of the hydrological cycle is essential for both meeting human needs and protecting the environment,

Aware also of the consequences for public health of shortfalls of water in the quantities, and of the quality, sufficient to meet basic human needs, and of the serious effects of such shortfalls, in particular on the vulnerable, the disadvantaged and the socially excluded,

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Basing themselves upon the conclusions of the United Nations Conference on Environment and Development (Rio de Janeiro, 1992), in particular the Rio Declaration on Environment and Development and Agenda 21, as well as upon the programme for the further implementation of Agenda 21 (New York, 1997) and the consequent decision of the Commission on Sustainable Development on the sustainable management of freshwater (New York, 1998),

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Have agreed as follows:

Article 1 - Objective

The objective of this Protocol is to promote at all appropriate levels, nationally as well as in transboundary and international contexts, the protection of human health and well-being, both individual and collective, within a framework of sustainable development, through improving water management, including the protection of water ecosystems, and through preventing, controlling and reducing water-related disease.

Article 2 - Definitions

For the purposes of this Protocol,

1. "Water-related disease" means any significant adverse effects on human health, such as death, disability, illness or disorders, caused directly or indirectly by the condition, or changes in the quantity or quality, of any waters;

2. "Drinking water" means water which is used, or intended to be available for use, by humans for drinking, cooking, food preparation, personal hygiene or similar purposes;

3. "Groundwater" means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

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5. "Transboundary waters" means any surface or groundwaters which mark, cross or are located on boundaries between two or more States;

6. "Transboundary effects of water-related disease" means any significant adverse effects on human health, such as death, disability, illness or disorders, in an area under the jurisdiction of one Party, caused directly or indirectly by the condition, or changes in the quantity or quality, of waters in an area under the jurisdiction of another Party, whether or not such effects constitute a transboundary impact;

7. "Transboundary impact" means any significant adverse effect on the environment resulting from a change in the conditions of transboundary waters caused by a human activity, the physical origin of which is situated wholly or in part within an area under the jurisdiction of a Party to the Convention, within an area under the jurisdiction of another Party to the Convention. Such effects on the environment include effects on human health and safety, flora, fauna, soil, air, water, climate, landscape, and historical monuments or other physical structures or the interaction among these factors;

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10. "Water-management plan" means a plan for the development, management, protection and/or use of the water within a territorial area or groundwater aquifer, including the protection of the associated ecosystems;

11. "The public" means one or more natural or legal persons, and, in accordance with national legislation or practice, their associations, organizations or groups;

12. "Public authority" means:

(a) Government at national, regional and other levels;

(b) Natural or legal persons performing public administrative functions under national law, including specific duties, activities or services in relation to the environment, public health, sanitation, water management or water supply;

(c) Any other natural or legal persons having public responsibilities or functions, or providing public services, under the control of a body or person falling within subparagraphs (a) or (b) above;

(d) The institutions of any regional economic integration organization referred to in article 21 which is a Party.

This definition does not include bodies or institutions acting in a judicial or legislative capacity;

13. "Local" refers to all relevant levels of territorial unit below the level of the State;

14. "Convention" means the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, done at Helsinki on 17 March 1992;

15. "Meeting of the Parties to the Convention" means the body established by the Parties to the Convention in accordance with its article 17;

16. "Party" means, unless the text otherwise indicates, a State or a regional economic integration organization referred to in article 21 which has consented to be bound by this Protocol and for which this Protocol is in force;

17. "Meeting of the Parties" means the body established by the Parties in accordance with article 16.

Article 3 - Scope

The provisions of this Protocol shall apply to:

(a) Surface freshwater;

(b) Groundwater;

(c) Estuaries;

(d) Coastal waters which are used for recreation or for the production of fish by aquaculture or for the production or harvesting of shellfish;

(e) Enclosed waters generally available for bathing;

(f) Water in the course of abstraction, transport, treatment or supply;

(g) Waste water throughout the course of collection, transport, treatment and discharge or reuse.

Article 4 - General provisions

1. The Parties shall take all appropriate measures to prevent, control and reduce water-related disease within a framework of integrated water-management systems aimed at sustainable use of water resources, ambient water quality which does not endanger human health, and protection of water ecosystems.

2. The Parties shall, in particular, take all appropriate measures for the purpose of ensuring:

(a) Adequate supplies of wholesome drinking water which is free from any micro-organisms, parasites and substances which, owing to their numbers or concentration, constitute a potential danger to human health. This shall include the protection of water resources which are used as sources of drinking water, treatment of water and the establishment, improvement and maintenance of collective systems;

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(c) Effective protection of water resources used as sources of drinking water, and their related water ecosystems, from pollution from other causes, including agriculture, industry and other discharges and emissions of hazardous substances. This shall aim at the effective reduction and elimination of discharges and emissions of substances judged to be hazardous to human health and water ecosystems;

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3. Subsequent references in this Protocol to "drinking water" and "sanitation" are to drinking water and sanitation that are required to meet the requirements of paragraph 2 of this article.

4. The Parties shall base all such measures upon an assessment of any proposed measure in respect of all its implications, including the benefits, disadvantages and costs, for:

(a) Human health;
(b) Water resources; and
(c) Sustainable development, which takes account of the differing new impacts of any proposed measure on the different environmental mediums.

5. The Parties shall take all appropriate action to create legal, administrative and economic frameworks which are stable and enabling and within which the public, private and voluntary sectors can each make its contribution to improving water management for the purpose of preventing, controlling and reducing water-related disease.

6. The Parties shall require public authorities which are considering taking action, or approving the taking by others of action, that may have a significant impact on the environment of any waters within the scope of this Protocol to take due account of any potential impact of that action on public health.

7. Where a Party is a Party to the Convention on Environmental Impact Assessment in a Transboundary Context, compliance by public authorities of that Party with the requirements of that Convention in relation to a proposed action shall satisfy the requirement under paragraph 6 of this article in respect of that action.

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Article 5 - Principles and approaches

In taking measures to implement this Protocol, the Parties shall be guided in particular by the following principles and approaches:

(a) The precautionary principle, by virtue of which action to prevent, control or reduce water-related disease shall not be postponed on the ground that scientific research has not fully proved a causal link between the factor at which such action is aimed, on the one hand, and the potential contribution of that factor to the prevalence of water-related disease and/or transboundary impacts, on the other hand;

(b) The polluter-pays principle, by virtue of which costs of pollution prevention, control and reduction shall be borne by the polluter;

(c) States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;

(d) Water resources shall be managed so that the needs of the present generation are met without compromising the ability of future generations to meet their own needs;

(e) Preventive action should be taken to avoid outbreaks and incidents of water-related disease and to protect water resources used as sources of drinking water because such action addresses the harm more efficiently and can be more cost-effective than remedial action;

(f) Action to manage water resources should be taken at the lowest appropriate administrative level;

(g) Water has social, economic and environmental values and should therefore be managed so as to realize the most acceptable and sustainable combination of those values;

(h) Efficient use of water should be promoted through economic instruments and awareness-building;

(i) Access to information and public participation in decision-making concerning water and health are needed, inter alia, in order to enhance the quality and the implementation of the decisions, to build public awareness of issues, to give the public the opportunity to express its concerns and to enable public authorities to take due account of such concerns. Such access and participation should be supplemented by appropriate access to judicial and administrative review of relevant decisions;

(j) Water resources should, as far as possible, be managed in an integrated manner on the basis of catchment areas, with the aims of linking social and economic development to the protection of natural ecosystems and of relating water-resource management to regulatory measures concerning other environmental mediums. Such an integrated approach should apply across the whole of a catchment area, whether transboundary or not, including its associated coastal waters, the whole of a groundwater aquifer or the relevant parts of such a catchment area or groundwater aquifer;

(k) Special consideration should be given to the protection of people who are particularly vulnerable to water-related disease;

(l) Equitable access to water, adequate in terms both of quantity and of quality, should be provided for all members of the population, especially those who suffer a disadvantage or social exclusion;

(m) As a counterpart to their rights and entitlements to water under private law and public law, natural and legal persons and institutions, whether in the public sector or the private sector, should contribute to the protection of the water environment and the conservation of water resources; and

(n) In implementing this Protocol, due account should be given to local problems, needs and knowledge.

Article 6 - Targets and target dates

1. In order to achieve the objective of this Protocol, the Parties shall pursue the aims of:

(a) Access to drinking water for everyone;
(b) Provision of sanitation for everyone within a framework of integrated water-management systems aimed at sustainable use of water resources, ambient water quality which does not endanger human health, and protection of water ecosystems.

2. For these purposes, the Parties shall each establish and publish national and/or local targets for the standards and levels of performance that need to be achieved or maintained for a high level of protection against water-related disease. These targets shall be periodically revised. In doing all this, they shall make appropriate practical and/or other provisions for public participation, within a transparent and fair framework, and shall ensure that due account is taken of the outcome of the public participation. Except where national or local circumstances make them irrelevant for preventing, controlling and reducing water-related disease, the targets shall cover, inter alia:

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(f) The application of recognized good practice to the management of water supply and sanitation, including the protection of waters used as sources for drinking water;

(g) The occurrence of discharges of:

(i) Untreated waste water; and
(ii) Untreated storm water overflows

from waste-water collection systems to waters within the scope of this Protocol;

(h) The quality of discharges of waste water from waste-water treatment installations to waters within the scope of this Protocol;

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(j) The quality of waters which are used as sources for drinking water, which are generally used for bathing or which are used for aquaculture or for the production or harvesting of shellfish;

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(l) The identification and remediation of particularly contaminated sites which adversely affect waters within the scope of this Protocol or are likely to do so and which thus threaten to give rise to water-related disease;

(m) The effectiveness of systems for the management, development, protection and use of water resources, including the application of recognized good practice to the control of pollution from sources of all kinds;

(n) The frequency of the publication of information on the quality of the drinking water supplied and of other waters relevant to the targets in this paragraph in the intervals between the publication of information under article 7, paragraph 2.

3. Within two years of becoming a Party, each Party shall establish and publish targets referred to in paragraph 2 of this article, and target dates for achieving them.

4. Where a long process of implementation is foreseen for the achievement of a target, intermediate or phased targets shall be set.

5. In order to promote the achievement of the targets referred to in paragraph 2 of this article, the Parties shall each:

(a) Establish national or local arrangements for coordination between their competent authorities;

(b) Develop water-management plans in transboundary, national and/or local contexts, preferably on the basis of catchment areas or groundwater aquifers. In doing so, they shall make appropriate practical and/or other provisions for public participation, within a transparent and fair framework, and shall ensure that due account is taken of the outcome of the public participation. Such plans may be incorporated in other relevant plans, programmes or documents which are being drawn up for other purposes, provided that they enable the public to see clearly the proposals for achieving the targets referred to in this article and the respective target dates;

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Article 7 - Review and assessment of progress

1. The Parties shall each collect and evaluate data on:

(a) Their progress towards the achievement of the targets referred to in article 6, paragraph 2;

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[Omitted: Article 8 - Response systems]

Article 9 - Public awareness, education, training, research and development and information

1. The Parties shall take steps designed to enhance the awareness of all sectors of the public regarding:

(a) The importance of, and the relationship between, water management and public health;

(b) The rights and entitlements to water and corresponding obligations under private and public law of natural and legal persons and institutions, whether in the public sector or the private sector, as well as their moral obligations to contribute to the protection of the water environment and the conservation of water resources.

2. The Parties shall promote:

(a) Understanding of the public-health aspects of their work by those responsible for water management, water supply and sanitation; and

(b) Understanding of the basic principles of water management, water supply and sanitation by those responsible for public health.

3. The Parties shall encourage the education and training of the professional and technical staff who are needed for managing water resources and for operating systems of water supply and sanitation, and encourage the updating and improvement of their knowledge and skills. This education and training shall include relevant aspects of public health.

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Article 10 - Public information

1. As a complement to the requirements of this Protocol for Parties to publish specific information or documents, each Party shall take steps within the framework of its legislation to make available to the public such information as is held by public authorities and is reasonably needed to inform public discussion of:

(a) The establishment of targets and of target dates for their achievement and the development of water-management plans in accordance with article 6;

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(c) The promotion of public awareness, education, training, research, development and information in accordance with article 9.

2. Each Party shall ensure that public authorities, in response to a request for other information relevant to the implementation of this Protocol, make such information available within a reasonable time to the public, within the framework of national legislation.

3. The Parties shall ensure that information referred to in article 7, paragraph 4, and paragraph 1 of this article shall be available to the public at all reasonable times for inspection free of charge, and shall provide members of the public with reasonable facilities for obtaining from the Parties, on payment of reasonable charges, copies of such information.

4. Nothing in this Protocol shall require a public authority to publish information or make information available to the public if:

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5. Nothing in this Protocol shall require a public authority to publish information or make information available to the public if disclosure of the information would adversely affect:

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Article 11 - International cooperation

The Parties shall cooperate and, as appropriate, assist each other:

(a) In international actions in support of the objectives of this Protocol;
(b) On request, in implementing national and local plans in pursuance of this Protocol.

Article 12 - Joint and coordinated international action

In pursuance of article 11, subparagraph (a), the Parties shall promote cooperation in international action relating to:

(a) The development of commonly agreed targets for matters referred to in article 6, paragraph 2;

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Article 13 - Cooperation in relation to transboundary waters

1. Where any Parties border the same transboundary waters, as a complement to their other obligations under articles 11 and 12, they shall cooperate and, as appropriate, assist each other to prevent, control and reduce transboundary effects of water-related disease. In particular, they shall:

(a) Exchange information and share knowledge about the transboundary waters and the problems and risks which they present with the other Parties bordering the same waters;

(b) Endeavour to establish with the other Parties bordering the same transboundary waters joint or coordinated water-management plans in accordance with article 6, paragraph 5 (b), and surveillance and early-warning systems and contingency plans in accordance with article 8, paragraph 1, for the purpose of responding to outbreaks and incidents of water-related disease and significant threats of such outbreaks and incidents, especially from water-pollution incidents or extreme weather events;

(c) On the basis of equality and reciprocity, adapt their agreements and other arrangements regarding their transboundary waters in order to eliminate any contradictions with the basic principles of this Protocol and to define their mutual relations and conduct regarding the aims of this Protocol;

(d) Consult each other, at the request of any one of them, on the significance of any adverse effect on human health which may constitute a water-related disease.

2. Where the Parties concerned are Parties to the Convention, the cooperation and assistance in respect of any transboundary effects of water-related disease which are transboundary impacts shall take place in accordance with the provisions of the Convention.

Article 14 - International support for national action

When cooperating and assisting each other in the implementation of national and local plans in pursuance of article 11, subparagraph (b), the Parties shall, in particular, consider how they can best help to promote:

(a) Preparation of water-management plans in transboundary, national and/or local contexts and of schemes for improving water supply and sanitation;

(b) Improved formulation of projects, especially infrastructure projects, in pursuance of such plans and schemes, in order to facilitate access to sources of finance;

(c) Effective execution of such projects;

(d) Establishment of systems for surveillance and early-warning systems, contingency plans and response capacities in relation to water-related disease;

(e) Preparation of legislation needed to support the implementation of this Protocol;

(f) Education and training of key professional and technical staff;

(g) Research into, and development of, cost-effective means and techniques for preventing, controlling and reducing water-related disease;

(h) Operation of effective networks to monitor and assess the provision and quality of water-related services, and development of integrated information systems and databases;

(i) Achievement of quality assurance for monitoring activities, including inter-laboratory comparability.

[Omitted: Article 15 - Review of compliance, Article 16 - Meeting of the Parties, Article 17 - Secretariat, Article 18 - Amendments to the Protocol, Article 19 - Right to vote, Article 20 - Settlement of disputes, Article 21 - Signature, Article 22 - Ratification, acceptance, approval and accession, Article 23 - Entry into force, Article 24 - Withdrawal, Article 25 - Depositary, Article 26 - Authentic texts]

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10. Revised Protocol on Shared Watercourses in the Southern African Development Community (SADC) [Windhoek, 7 August 2000][12]

Preamble

[The Parties]

Bearing in mind the progress with the development and codification of international water law initiated by the Helsinki Rules and that the United Nations subsequently adopted the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses;

Recognising the relevant provisions of Agenda 21 of the United Nations Conference on Environment and Development, the concepts of environmentally sound management, sustainable development and equitable utilisation of shared watercourses in the SADC Region;

Considering the existing and emerging socio-economic development programmes in the SADC Region and their impact on the environment;

Desirous of developing close co-operation for judicious, sustainable and co-ordinated utilisation of the resources of the shared watercourses in the SADC Region;

Convinced of the need for co-ordinated and environmentally sound development of the resources of shared watercourses in the SADC Region in order to support sustainable socio-economic development;

Recognising that there are as yet no regional conventions regulating common utilisation and management of the resources of shared watercourses in the SADC Region;

Mindful of the existence of other Agreements in the SADC Region regarding the common utilisation of certain watercourses; and

In accordance with Article 22 of the Treaty, have agreed as follows:

Article 1 - Definitions

1. For the purposes of this Protocol the following terms shall have the meanings ascribed to them hereunder:

"Agricultural use" means use of water for irrigation purposes;

"Domestic use" means use of water for drinking, washing, cooking, bathing, sanitation and stock watering purposes;

"Emergency situation" means a situation that causes or poses an imminent threat of causing serious harm to Watercourse States and which results suddenly from natural causes, such as torrential rains, floods, landslides or earthquakes or from human conduct;

"Environmental use" means the use of water for the preservation and maintenance of ecosystems;

"Industrial use" means use of water for commercial, electrical power generation, industrial, manufacturing and mining purposes;

"Management of a shared watercourse" means

(i) planning the sustainable development of a shared watercourse and providing for the implementation of any plans adopted; and

(ii) otherwise promoting the rational, equitable and optimal utilisation, protection, and control of the watercourse;

"Navigational use" means use of water for sailing whether it be for transport, fishing, recreation or tourism;

"Pollution of a shared watercourse" means any detrimental alteration in the composition or quality of the waters of a shared watercourse which results directly or indirectly from human conduct;

"Regulation of the flow of the waters of a shared watercourse" means the use of hydraulic works or any other continuing measure to alter, vary or otherwise control the flow of waters of a shared watercourse;

"Shared watercourse" means a watercourse passing through or forming the border between two or more Watercourse States;

"Significant Harm" means non-trivial harm capable of being established by objective evidence without necessarily rising to the level of being substantial;

"State Party" means a member of SADC that ratifies or accedes to this Protocol;

"Watercourse" means a system of surface and groundwaters consisting by virtue of their physical relationship a unitary whole normally flowing into a common terminus such as the sea, lake or aquifer;

"Watercourse State" means a State Party in whose territory part of a watercourse is situated.

2. Any other term defined in the Treaty and used in this Protocol shall have the same meaning as ascribed to it in the Treaty.

Article 2 - Objective

The overall objective of this Protocol is to foster closer cooperation for judicious, sustainable and co-ordinated management, protection and utilisation of shared watercourses and advance the SADC agenda of regional integration and poverty alleviation. In order to achieve this objective, this Protocol seeks to:

(a) promote and facilitate the establishment of shared watercourse agreements and Shared Watercourse Institutions for the management of shared watercourses;

(b) advance the sustainable, equitable and reasonable utilisation of the shared watercourses;

(c) promote a co-ordinated and integrated environmentally sound development and management of shared watercourses;

(d) promote the harmonisation and monitoring of legislation and policies for planning, development, conservation, protection of shared watercourses, and allocation of the resources thereof; and

(e) promote research and technology development, information exchange, capacity building, and the application of appropriate technologies in shared watercourses management.

Article 3 - General principles

For the purposes of this Protocol the following general principles shall apply:

1. The State Parties recognise the principle of the unity and coherence of each shared watercourse and in accordance with this principle, undertake to harmonise the water uses in the shared watercourses and to ensure that all necessary interventions are consistent with the sustainable development of all Watercourse States and observe the objectives of regional integration and harmonisation of their socio-economic policies and plans.

2. The utilisation of shared watercourses within the SADC Region shall be open to each Watercourse State, in respect of the watercourses within its territory and without prejudice to its sovereign rights, in accordance with the principles contained in this Protocol. The utilisation of the resources of the watercourses shall include agricultural, domestic, industrial, navigational and environmental uses.

3. State Parties undertake to respect the existing rules of customary or general international law relating to the utilisation and management of the resources of shared watercourses.

4. State Parties shall maintain a proper balance between resource development for a higher standard of living for their people and conservation and enhancement of the environment to promote sustainable development.

5. State Parties undertake to pursue and establish close co-operation with regard to the study and execution of all projects likely to have an effect on the regime of the shared watercourse.

6. State Parties shall exchange available information and data regarding the hydrological, hydrogeological, water quality, meteorological and environmental condition of shared watercourses.

7. (a) Watercourse States shall in their respective territories utilise a shared watercourse in an equitable and reasonable manner. In particular, shared watercourse shall be used and developed by Watercourse States with a view to attain optimal and sustainable utilisation thereof and benefits therefrom, taking into account the interests of the Watercourse States concerned, consistent with adequate protection of the watercourse for the benefit of current and future generations.

(b) Watercourse States shall participate in the use, development and protection of a shared watercourse in an equitable and reasonable manner. Such participation, includes both the right to utilise the watercourse and the duty to co-operate in the protection and development thereof, as provided in this Protocol.

8. (a) Utilisation of a shared watercourse in an equitable and reasonable manner within the meaning of Article 7(a) and (b) requires taking into account all relevant factors and circumstances including:

(i) geographical, hydrographical, hydrological, climatical, ecological and other factors of a natural character;

(ii) the social, economic and environmental needs of the Watercourse States concerned;

(iii) the population dependent on the shared watercourse in each Watercourse State;

(iv) the effects of the use or uses of a shared watercourse in one Watercourse State on other Watercourse States;

(v) existing and potential uses of the watercourse;

(vi) conservation, protection, development and economy of use of the water resources of the shared watercourse and the costs of measures taken to that effect; and

(vii) the availability of alternatives, of comparable value, to a particular planned or existing use.

(b) The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is an equitable and reasonable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole.

9. State Parties shall deal with planned measures in conformity with the procedure set out in Article 4 (1).

10. (a) State Parties shall, in utilising a shared watercourse in their territories, take all appropriate measures to prevent the causing of significant harm to other Watercourse States.

(b) Where significant harm is nevertheless caused to another Watercourse State, the State whose use causes such harm shall, in the absence of agreement to such use, take all appropriate measures, having due regard for the provisions of paragraph (a) above in consultation with the affected States, to eliminate or mitigate such harm and, where appropriate, to discuss the question of compensation.

(c) Unless the Watercourse States concerned have agreed otherwise for the protection of the interests of persons, natural or juridical, who have suffered or are under a serious threat of suffering significant transboundary harm as a result of activities related to a shared watercourse, a Watercourse State shall not discriminate on the basis of nationality or residence or place where the injury occurred, in granting to such persons, in accordance with its legal system, access to judicial or other procedures, or a right to claim compensation or other relief in respect of significant harm caused by such activities carried on in its territory.

Article 4 - Specific provisions

1. Planned Measures

(a) Information concerning planned measures

State Parties shall exchange information and consult each other and, if necessary, negotiate the possible effects of planned measures on the condition of a shared watercourse.

(b) Notification concerning planned measures with possible adverse effects

Before a State Party implements or permits the implementation of planned measures which may have a significant adverse effect upon other Watercourse States, it shall provide those States with timely notification thereof. Such notification shall be accompanied by available technical data and information, including the results of any environmental impact assessment, in order to enable the notified States to evaluate the possible effects of the planned measures.

(c) Period for reply to notification

(i) Unless otherwise agreed, a State Party providing a notification under paragraph (b) shall allow the notified States a period of six months within which to study and evaluate the possible effects of the planned measures and to communicate the findings to it;

(ii) This period shall, at the request of a notified State for which the evaluation of the planned measures poses difficulty, be extended for a period of six months.

(d) Obligations of the notifying State during the period for reply

During the period referred to in paragraph (c), the notifying State:

(i) shall co-operate with the notified States by providing them, on request, with any additional data and information that is available and necessary for an accurate evaluation; and

(ii) shall not implement or permit the implementation of the planned measures without the consent of the notified States.

(e) Reply to Notification

The notified States shall communicate their findings to the notifying State as early as possible within the period applicable pursuant to paragraph (c). If a notified State finds that implementation of the planned measures would be inconsistent with the provisions of Article 3 (7) or (10), it shall attach to its finding a documented explanation setting the reasons for the findings.

(f) Absence of reply to notification

(i) If, within the period applicable pursuant to paragraph (c), the notifying State receives no communication under (e), it may, subject to its obligations under Article 3 (7) and (10), proceed with the implementation of the planned measures, in accordance with the notification and any other data and information provided to the notified States.

(ii) Any claim to compensation by a notified State which has failed to reply within the period applicable pursuant to paragraph (c) may be offset by the costs incurred by the notifying State for action undertaken after the expiration of the time for a reply which would not have been undertaken if the notified State had objected within that period.

(g) Consultations and negotiations concerning planned measures

(i) If a communication is made under paragraph (e) that implementation of the planned measures would be inconsistent with the provisions of Article 3 (7) or (10), the notifying State and the State making the communication shall enter into consultations and, if necessary, negotiations with a view to arriving at an equitable resolution of the situation.

(ii) The consultations and negotiations shall be conducted on the basis that each State must in good faith pay reasonable regard to the rights and legitimate interests of the other States.

(iii) During the course of the consultations and negotiations, the notifying State shall, if so requested by the notified State at the time it makes the communication, refrain from implementing or permitting the implementation of the planned measures for a period of six months unless otherwise agreed.

(h) Procedures in the absence of notification

(i) If a State Party has reasonable grounds to believe that another Watercourse State is planning measures that may have a significant adverse effect upon it, the former State may request the latter to apply the provisions of paragraph (b). The request shall be accompanied by a documented explanation setting forth its grounds.

(ii) If the State planning the measures finds that it is not under an obligation to provide a notification under paragraph (b), it shall so inform the other State, providing a documented explanation setting forth the reasons for such finding. If this finding does not satisfy the other State, the two States shall, at the request of that other State, promptly enter into consultations and negotiations in the manner provided in sub-paragraphs (i) and (ii) of paragraph (g).

(iii) During the course of the consultations and negotiations, the State planning the measures shall, if so requested by the other State at the time it requests the initiation of consultations and negotiations, refrain from implementing or permitting the implementation of those measures for a period of six months unless otherwise agreed.

(i) Urgent implementation of planned measures

(i) In the event that the implementation of planned measures is of the utmost urgency in order to protect public health, public safety or other equally important interests, the State planning the measures may, subject to paragraphs 7 and 10 of Article 3, immediately proceed to implementation, notwithstanding the provisions of paragraph (d) and sub-paragraph (iii) of paragraph (g).

(ii) In such case, a formal declaration of the urgency of the measures shall be communicated without delay to the other Watercourse States referred to in paragraph (b) together with the relevant data and information.

(iii) The State planning the measures shall, at the request of any of the States referred to in paragraph (ii), promptly enter into consultations and negotiations with it in the manner indicated in sub-paragraphs (i) and (ii) of paragraph (g).

2. Environmental Protection and Preservation

(a) Protection and preservation of ecosystems

State Parties shall, individually and, where appropriate, jointly, protect and preserve the ecosystems of a shared watercourse.

(b) Prevention, reduction and control of pollution

(i) State Parties shall, individually and, where appropriate, jointly, prevent, reduce and control the pollution and environmental degradation of a shared watercourse that may cause significant harm to other Watercourse States or to their environment, including harm to human health or safety, to the use of the waters for any beneficial purpose or to the living resources of the watercourse.

(ii) Watercourse States shall take steps to harmonise their policies and legislation in this connection.

(iii) State Parties shall, at the request of any one or more of them, consult with a view to arriving at mutually agreeable measures and methods to prevent, reduce and control pollution of a shared watercourse, such as:

(aa) setting joint water quality objectives and criteria;

(bb) establishing techniques and practices to address pollution from point and non-point sources;

(cc) establishing lists of substances the introduction of which, into the waters of a shared watercourse, is to be prohibited, limited, investigated or monitored.

(c) Introduction of alien or new species

State Parties shall take all measures necessary to prevent the introduction of species, alien or new, into a shared watercourse which may have effects detrimental to the ecosystems of the watercourse resulting in significant harm to other Watercourse States.

(d) Protection and preservation of the aquatic environment

State Parties shall individually and, where appropriate, in co-operation with other States, take all measures with respect to a shared watercourse that are necessary to protect and preserve the aquatic environment, including estuaries, taking into account generally accepted international rules and standards.

3. Management of Shared Watercourses

(a) Management

Watercourse States shall, at the request of any of them, enter into consultations concerning the management of a shared watercourse, which may include the establishment of a joint management mechanism.

(b) Regulation

(i) Watercourse States shall co-operate, where appropriate, to respond to needs or opportunities for regulation of the flow of the waters of a shared watercourse.

(ii) Unless otherwise agreed, Watercourse States shall participate on an equitable and reasonable basis in the construction and maintenance or defrayal of the costs of such regulation works as they may have agreed to undertake.

(c) Installations

(i) Watercourse States shall, within their respective territories, employ their best efforts to maintain and protect installations, facilities and other works related to a shared watercourse.

(ii) Watercourse States shall, at the request of any of them which has reasonable grounds to believe that it may suffer significant adverse effects, enter into consultations with regards to:

(aa) the safe operation and maintenance of installations, facilities, or other works related to a shared watercourse; and

(bb) the protection of installations, facilities or other works from willful or negligent acts or the forces of nature.

(iii) Shared watercourses and related installations, facilities and other works shall enjoy the protection accorded by the principles and rules of international law applicable in international and non-international armed conflict and shall not be used in violation of those principles and rules.

4. Prevention and mitigation of harmful conditions

(a) State Parties shall individually and, where appropriate, jointly take all appropriate measures to prevent or mitigate conditions related to a shared watercourse that may be harmful to other Watercourse States, whether resulting from natural causes or human conduct, such as floods, water-borne diseases, siltation, erosion, salt-water intrusion, drought or desertification.

(b) State Parties shall require any person intending to use the waters of a shared watercourse within their respective territories for purposes other than domestic or environmental use or who intends to discharge any type of waste into such waters, to first obtain a permit, licence or other similar authorisation from the relevant authority within the State concerned. The permit or other similar authorisation shall be granted only after such State has determined that the intended use or discharge will not cause significant harm on the regime of the watercourse.

5. Emergency situations

State Parties shall, without delay, notify other potentially affected States, the SADC Water Sector Co-ordinating Unit and competent international organisations of any emergency situation originating within their respective territories and promptly supply the necessary information to such affected States and competent organisations with a view to co-operate in the prevention, mitigation, and elimination, of harmful effects of the emergency.

Article 5 - Institutional framework for implementation

1. The following institutional mechanisms responsible for the implementation of this Protocol are hereby established -

(a) SADC Water Sector Organs

(i) the Committee of Water Ministers;
(ii) the Committee of Water Senior Officials;
(iii) the Water Sector Co-ordinating Unit; and
(iv) the Water Resources Technical Committee and sub-Committees.

(b) Shared Watercourse Institutions

(c) The Committee of Water Ministers shall consist of Ministers responsible for water.

(d) The Committee of Water Senior Officials shall consist of the Permanent Secretaries or officials of equivalent rank responsible for water.

(e) The Water Sector Coordinating Unit which shall be the executing agency of the Water Sector shall be headed by a Co-ordinator appointed by the State Party responsible for coordinating the Water Sector, and he or she shall be assisted by such supporting staff of professional, administrative and secretarial personnel as the Coordinator may deem necessary.

2. The SADC Water Sector Organs shall have the following functions:

(a) The Committee of Water Ministers

(i) Oversee and monitor the implementation of the Protocol and assist in resolving potential conflicts on shared watercourses.

(ii) Guide and co-ordinate cooperation and harmonisation of legislation, policies, strategies, programmes and projects.

(iii) Advise the Council on policies to be pursued.

(iv) Recommend to Council the creation of such other organs as may be necessary for the implementation of this Protocol.

(v) Provide regular updates to the Council on the status of the implementation of this Protocol.

(b) The Committee of Water Senior Officials

(i) Examine all reports and documents put before them by the Water Resources Technical Committee and the Water Sector Co-ordinating Unit.

(ii) Initiate and advise the Committee of Water Ministers on policies, strategies, programmes and projects to be presented to the Council for approval.

(iii) Recommend to the Committee of Water Ministers the creation of such other organs as may be necessary for the implementation of this Protocol.

(iv) Provide regular updates to the Committee of Water Ministers on the status of the implementation of this Protocol.

(c) The Water Sector Co-ordinating Unit

(i) Monitor the implementation of this Protocol.

(ii) Liase with other SADC organs and Shared Watercourse Institutions on matters pertaining to the implementation of this Protocol.

(iii) Provide guidance on the interpretation of this Protocol.

(iv) Advise State Parties on matters pertaining to this Protocol.

(v) Organise and manage all technical and policy meetings.

(vi) Draft terms of reference for consultancies and manage the execution of those assignments.

(vii) Mobilise or facilitate the mobilisation of financial and technical resources for the implementation of this Protocol.

(viii) Annually submit a status report on the implementation of the Protocol to the Council through the Committee of Water Ministers.

(ix) Keep an inventory of all shared watercourse management institutions and their agreements on shared watercourses within the SADC Region.

(d) The Water Resources Technical Committee

(i) Provide technical support and advice to the Committee of Water Senior Officials through the Water Sector Co-ordinating Unit with respect to the implementation of this Protocol.

(ii) Discuss issues tabled by the Water Sector Co-ordinating Unit and prepare for the Committee of Water Senior Officials.

(iii) Consider and approve terms of reference for consultancies, including the appointment of consultants.

(iv) Recommend to the Committee of Water Senior Officials any matter of interest to it on which agreement has not been reached.

(v) Appoint working groups for short-term tasks and standing sub-committees for longer term tasks.

(vi) Address any other issues that may have implications on the implementation of this Protocol.

3. Shared watercourse institutions

(a) Watercourse States undertake to establish appropriate institutions such as watercourse commissions, water authorities or boards as may be determined.

(b) The responsibilities of such institutions shall be determined by the nature of their objectives which must be in conformity with the principles set out in this Protocol.

(c) Shared Watercourse Institutions shall provide on a regular basis or as required by the Water Sector Co-ordinating Unit, all the information necessary to assess progress on the implementation of the provisions of this Protocol, including the development of their respective agreements.

4. State Parties undertake to adopt appropriate measures to give effect to the institutional framework referred to in this Article for the implementation of this Protocol.

Article 6 - Shared watercourse agreements

1. In the absence of any agreement to the contrary, nothing in this Protocol shall affect the rights or obligations of a Watercourse State arising from agreements in force for it on the date on which it became a party to the Protocol.

2. Notwithstanding the provisions of paragraph 1, parties to agreements referred to in paragraph 1 may harmonise such agreements with this Protocol.

3. Watercourse States may enter into agreements, which apply the provision of this Protocol to the characteristics and uses of a particular shared watercourse or part thereof.

4. Where a watercourse agreement is concluded between two or more Watercourse States, it shall define the waters to which it applies. Such an agreement may be entered into with respect to an entire shared watercourse or any part thereof or a particular project, programme or use except insofar as the agreement adversely affects, to a significant extent, the use by one or more other Watercourse States of the waters of the watercourse, without their express consent.

5. Where some but not all Watercourse States to a particular shared watercourse are parties to an agreement, nothing contained in such agreement shall affect the rights or obligations under this Protocol of Watercourse States that are not parties to such an agreement.

6. Every Watercourse State is entitled to participate in the negotiation of and to become a party to any watercourse agreement that applies to the entire shared watercourse, as well as to participate in any relevant consultations.

7. A Watercourse State whose use of a shared watercourse may be affected to a significant extent by the implementation of a proposed watercourse agreement that applies only to a part of the watercourse or to a particular project, programme or use is entitled to participate in consultations on such an agreement and, where appropriate, in the negotiation thereof in good faith with a view to becoming a party thereto, to the extent that its use is thereby affected.

Article 7 - Settlement of disputes

1. State Parties shall strive to resolve all disputes regarding the implementation, interpretation or application of the provisions of this Protocol amicably in accordance with the principles enshrined in Article 4 of the Treaty.

2. Disputes between State Parties regarding the interpretation or application of the provisions of this Protocol which are not settled amicably, shall be referred to the Tribunal.

3. If a dispute arises between SADC on the one hand and a State Party on the other, a request shall be made for an advisory opinion in accordance with article 16(4) of the Treaty.

[Omitted: Article 8 - Signature, Article 9 - Ratification, Article 10 - Entry into force, Article 11 - Accession, Article 12 - Amendment, Article 13 - Withdrawal, Article 14 - Termination, Article 15 - Depositary]

Article 16 - Protocol on shared watercourse systems in the SADC region

1. Upon entry into force of this Protocol, the Protocol on Shared Watercourse Systems in the Southern African Development Community (SADC) Region, which entered into force on 29th September 1998, shall be repealed and replaced by this Protocol.

...

11. Framework Convention on the Protection and Sustainable Development of the Carpathians [Kiev, 22 May 2003][13]

"The Parties",

Acknowledging that the Carpathians are a unique natural treasure of great beauty and ecological value, an important reservoir of biodiversity, the headwaters of major rivers, an essential habitat and refuge for many endangered species of plants and animals and Europe's largest area of virgin forests, and aware that the Carpathians constitute a major ecological, economic, cultural, recreational and living environment in the heart of Europe, shared by numerous peoples and countries;

...

Being aware of the fact that efforts to protect, maintain and sustainably manage the natural resources of the Carpathians cannot be achieved by one country alone and require regional cooperation, and of the added value of transboundary cooperation in achieving ecological coherence;

Have agreed as follows:

Article 1 - Geographical scope

1. The Convention applies to the Carpathian region (hereinafter referred to as the "Carpathians"), to be defined by the Conference of the Parties.

2. Each Party may extend the application of this Convention and its Protocols to additional parts of its national territory by making a declaration to the Depositary, provided that this is necessary to implement the provisions of the Convention.

Article 2 - General objectives and principles

1. The Parties shall pursue a comprehensive policy and cooperate for the protection and sustainable development of the Carpathians with a view to inter alia improving quality of life, strengthening local economies and communities, and conservation of natural values and cultural heritage.

2. In order to achieve the objectives referred to in paragraph 1, the Parties shall take appropriate measures, in the areas covered by Articles 4 to 13 of this Convention by promoting:

(a) the precaution and prevention principles,
(b) the "polluter pays" principle,
(c) public participation and stakeholder involvement,
(d) transboundary cooperation,
(e) integrated planning and management of land and water resources,
(f) a programmatic approach, and
(g) the ecosystem approach.

3. To achieve the objectives set forth in this Convention and to ensure its implementation, the Parties may, as appropriate, develop and adopt Protocols.

Article 3 - Integrated approach to the land resources management

The Parties shall apply the approach of the integrated land resources management as defined in Chapter 10 of the Agenda 21, by developing and implementing appropriate tools, such as integrated management plans, relating to the areas of this Convention.

[Omitted: Article 4 - Conservation and sustainable use of biological and landscape diversity, Article 5 - Spatial planning]

Article 6 - Sustainable and integrated water/river basin management

Taking into account the hydrological, biological and ecological, and other specificities of mountain river basins, the Parties shall:

(a) take appropriate measures to promote policies integrating sustainable use of water resources, with land-use planning, and aim at pursuing policies and plans based on an integrated river basin management approach, recognizing the importance of pollution and flood management, prevention and control, and reducing water habitats fragmentation,

(b) pursue policies aiming at sustainable management of surface and groundwater resources, ensuring adequate supply of good quality surface and groundwater as needed for sustainable, balanced and equitable water use, and adequate sanitation and treatment of waste water,

(c) pursue policies aiming at conserving natural watercourses, springs, lakes and groundwater resources as well as preserving and protecting of wetlands and wetland ecosystems, and protecting against natural and anthropogenic detrimental effects such as flooding and accidental water pollution,

(d) further develop a coordinated or joint system of measures, activities and early warning for transboundary impacts on the water regime of flooding and accidental water pollution, as well as co-operate in preventing and reducing the damages and giving assistance in restoration works.

[Omitted: Article 7 - Sustainable agriculture and forestry, Article 8 - Sustainable transport and infrastructure, Article 9 - Sustainable tourism, Article 10 - Industry and energy, Article 11 - Cultural heritage and traditional knowledge]

Article 12 - Environmental assessment/information system, monitoring and early warning

1. The Parties shall apply, where necessary, risk assessments, environmental impact assessments, and strategic environmental assessments, taking into account the specificities of the Carpathian mountain ecosystems, and shall consult on projects of transboundary character in the Carpathians, and assess their environmental impact, in order to avoid transboundary harmful effects.

2. The Parties shall pursue policies, using existing methods of monitoring and assessment, aiming at promoting:

(a) cooperation in the carrying out of research activities and scientific assessments in the Carpathians,

(b) joint or complementary monitoring programmes, including the systematic monitoring of the state of the environment,

(c) comparability, complementarity and standardization of research methods and related data-acquisition activities,

(d) harmonization of existing and development of new environmental, social and economic indicators,

(e) a system of early warning, monitoring and assessment of natural and man-made environmental risks and hazards, and

(f) an information system, accessible to all Parties.

[Omitted: Article 13 - Awareness raising, education and public participation, Article 14 - Conference of the Parties, Article 15 - Secretariat, Article 16 - Subsidiary bodies, Article 17 - Financial contributions, Article 18 - Protocols, Article 19 - Amendments to the Convention, Article 20 - Settlement of disputes, Article 21 - Entry into force, Article 22 - Withdrawal, Article 23 - Depositary]

...

12. African Convention on the Conservation of Nature and Natural Resources [Maputo, 11 July 2003][14]

Preamble

We, the Heads of State and Government of the Member States of the African Union (AU),

Conscious that the natural environment of Africa and the natural resources with which Africa is endowed are an irreplaceable part of the African heritage and constitute a capital of vital importance to the continent and humankind as a whole;

...

Conscious of the ever-growing importance of natural resources from economic, social, cultural and environmental points of view;

...

Re-affirming that States have, in accordance with the Charter of the United Nations and the principles of international law, a sovereign right to exploit their own resources pursuant to their environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;

Re-affirming further that States are responsible for protecting and conserving their environment and natural resources and for using them in a sustainable manner with the aim to satisfy human needs according to the carrying capacity of the environment;

Conscious of the dangers which threaten some of these irreplaceable assets;

Desirous of undertaking individual and joint action for the conservation, utilization and development of these assets by establishing and maintaining their sustainable use;

...

Conscious of the need to continue furthering the principles of the Stockholm Declaration, to contribute to the implementation of the Rio Declaration and of Agenda 21, and to work closely together towards the implementation of global and regional instruments supporting their goals;

...

Convinced that the above objectives would be better achieved by amending the 1968 Algiers Convention on the Conservation of Nature and Natural Resources by expanding elements related to sustainable development;

Have agreed as follows:

Article I - Scope

This Convention shall apply

1. to all areas which are within the limits of national jurisdiction of any Party; and

2. to the activities carried out under the jurisdiction or control of any Party within the area of its national jurisdiction or beyond the limits of its national jurisdiction.

Article II - Objectives

The objectives of this Convention are:

1. to enhance environmental protection;

2. to foster the conservation and sustainable use of natural resources; and

3. to harmonize and coordinate policies in these fields with a view to achieving ecologically rational, economically sound and socially acceptable development policies and programmes.

Article III - Principles

In taking action to achieve the objectives of this Convention and implement its provisions, the Parties shall be guided by the following:

1. the right of all peoples to a satisfactory environment favourable to their development;

2. the duty of States, individually and collectively to ensure the enjoyment of the right to development;

3. the duty of States to ensure that developmental and environmental needs are met in a sustainable, fair and equitable manner.

Article IV - Fundamental obligation

The Parties shall adopt and implement all measures necessary to achieve the objectives of this Convention, in particular through preventive measures and the application of the precautionary principle, and with due regard to ethical and traditional values as well as scientific knowledge in the interest of present and future generations.

Article V - Use of terms

For purposes of this Convention:

1. "Natural Resources" means renewable resources, tangible and non tangible, including soil, water, flora and fauna and non renewable resources. Whenever the text of the Convention refers to non renewable resources this will be specified.

...

6. "Conservation area" means

...

(b) other areas designated and/or managed primarily for the conservation and sustainable use of natural resources, for which criteria may be adopted and from time to time reviewed by the Conference of the Parties.

...

Article VI - Land and soil

1. The Parties shall take effective measures to prevent land degradation, and to that effect shall develop long-term integrated strategies for the conservation and sustainable management of land resources, including soil, vegetation and related hydrological processes.

2. They shall in particular adopt measures for the conservation and improvement of the soil, to, inter alia, combat its erosion and misuse as well as the deterioration of its physical, chemical and biological or economic properties.

3. To this end:

(a) they shall establish land-use plans based on scientific investigations as well as local knowledge and experience and, in particular, classification and land-use capability;

(b) they shall, when implementing agricultural practices and agrarian reforms,

(i) improve soil conservation and introduce sustainable farming and forestry practices, which ensure long-term productivity of the land,

(ii) control erosion caused by land misuse and mismanagement which may lead to long-term loss of surface soils and vegetation cover,

(iii) control pollution caused by agricultural activities, including aquaculture and animal husbandry;

(c) they shall ensure that non-agricultural forms of land use, including but not limited to public works, mining and the disposal of wastes, do not result in erosion, pollution, or any other form of land degradation;

(d) they shall, in areas affected by land degradation, plan and implement mitigation and rehabilitation measures.

4. Parties shall develop and implement land tenure policies able to facilitate the above measures, inter alia by taking into account the rights of local communities.

Article VII - Water

1. The Parties shall manage their water resources so as to maintain them at the highest possible quantitative and qualitative levels. They shall, to that effect, take measures designed to:

(a) maintain water-based essential ecological processes as well as to protect human health against pollutants and water-borne diseases,

(b) prevent damage that could affect human health or natural resource in another State by the discharge of pollutants, and

(c) prevent excessive abstraction, to the benefit of downstream communities and States.

2. The Parties shall establish and implement policies for the planning, conservation, management, utilization and development of underground and surface water, as well as the harvesting and use of rain water, and shall endeavour to guarantee for their populations a sufficient and continuous supply of suitable water, taking appropriate measures with due regard to:

(a) the study of water cycles and the investigation of each catchment area,

(b) the integrated management of water resources,

(c) the conservation of forested and other catchment areas and the co-ordination and planning of water resources development projects,

(d) the inventory and management of all water resources, including the administration and control of all water utilization, and

(e) the prevention and control of water pollution through, inter alia, the establishment of effluent and water quality standards.

3. Where surface or underground water resources and related ecosystems, including wetlands, are transboundary to two or more of the Parties, the latter shall act in consultation, and if the need arises, set up inter-State Commissions for their rational management and equitable utilization and to resolve disputes arising from the use of these resources, and for the cooperative development, management and conservation thereof.

4. The Parties undertake, individually or within sub-regional arrangements, to cooperate in rational water husbandry and conservation in irrigated agriculture for improved food security and sustainable agro-based industrialization.

Article VIII - Vegetation cover

1. The Parties shall take all necessary measures for the protection, conservation, sustainable use and rehabilitation of vegetation cover. To this end they shall:

(a) adopt scientifically-based and sound traditional conservation, utilization and management plans for forests, woodlands, rangelands, wetlands and other areas with vegetation cover, taking into account the social and economic needs of the peoples concerned, the importance of the vegetation cover for the maintenance of the water balance of an area, the productivity of soils and the habitat requirements of species;

...

[Omitted: Article IX - Species and genetic diversity, Article X - Protected species, Article XI - Trade in specimens and products thereof]

Article XII - Conservation areas

l. The Parties shall establish, maintain and extend, as appropriate, conservation areas. They shall, preferably within the framework of environmental and natural resources policies, legislation and programmes, also assess the potential impacts and necessity of establishing additional conservation areas and wherever possible designate such areas, in order to ensure the long term conservation of biological diversity, in particular to:

(a) conserve those ecosystems which are most representative of and peculiar to areas under their jurisdiction, or are characterized by a high degree of biological diversity;

(b) ensure the conservation of all species;

...

and of the habitats that are critical for the survival of such species.

2. The Parties shall seek to identify areas critically important to the goals referred to in sub paragraph 1(a) and 1(b) above which are not yet included in conservation areas, taking into consideration the work of competent international organisations in this field.

3. The Parties shall promote the establishment by local communities of areas managed by them primarily for the conservation and sustainable use of natural resources.

4. The Parties shall, where necessary and if possible, control activities outside conservation areas which are detrimental to the achievement of the purpose for which the conservation areas were created, and establish for that purpose buffer zones around their borders.

Article XIII - Processes and activities affecting the environment and natural resources

1. The Parties shall, individually or jointly, and in collaboration with the competent international organizations concerned, take all appropriate measures to prevent, mitigate and eliminate to the maximum extent possible, detrimental effects on the environment, in particular from radioactive, toxic, and other hazardous substances and wastes. For this purpose, they shall use the best practicable means and shall endeavour to harmonize their policies, in particular within the framework of relevant conventions to which they are Parties.

2. To that effect, Parties shall

(a) establish, strengthen and implement specific national standards, including for ambient environmental quality, emission and discharge limits as well as process and production methods and product quality;

(b) provide for economic incentives and disincentives, with a view to preventing or abating harm to the environment, restoring or enhancing environmental quality, and implementing international obligations in these regards; and

(c) adopt measures necessary to ensure that raw materials, non-renewable resources, and energy, are conserved and used as efficiently as possible, and that used materials are reused and recycled to the maximum extent possible while nondegradable materials are disposed of in the most effective and safe way.

Article XIV - Sustainable development and natural resources

1. The Parties shall ensure that

(a) conservation and management of natural resources are treated as an integral part of national and/or local development plans;

(b) in the formulation of all development plans, full consideration is given to ecological, as well as to economic, cultural and social factors in order to promote sustainable development.

2. To this end, the Parties shall:

(a) to the maximum extent possible, take all necessary measures to ensure that development activities and projects are based on sound environmental policies and do not have adverse effects on natural resources and the environment in general;

(b) ensure that policies, plans, programmes, strategies, projects and activities likely to affect natural resources, ecosystems and the environment in general are the subject of adequate impact assessment at the earliest possible stage and that regular environmental monitoring and audit are conducted;

(c) monitor the state of their natural resources as well as the impact of development activities and projects upon such resources.

[Omitted: Article XV - Military and hostile activities]

Article XVI - Procedural rights

1. The Parties shall adopt legislative and regulatory measures necessary to ensure timely and appropriate

(a) dissemination of environmental information;

(b) access of the public to environmental information;

(c) participation of the public in decision-making with a potentially significant environmental impact; and

(d) access to justice in matters related to protection of environment and natural resources.

2. Each Party from which a transboundary environmental harm originates shall ensure that any person in another Party affected by such harm has a right of access to administrative and judicial procedures equal to that afforded to nationals or residents of the Party of origin in cases of domestic environmental harm.

Article XVII - Traditional rights of local communities and indigenous knowledge

1. The Parties shall take legislative and other measures to ensure that traditional rights and intellectual property rights of local communities including farmers' rights are respected in accordance with the provisions of this Convention.

2. The Parties shall require that access to indigenous knowledge and its use be subject to the prior informed consent of the concerned communities and to specific regulations recognizing their rights to, and appropriate economic value of, such knowledge.

3. The Parties shall take the measures necessary to enable active participation by the local communities in the process of planning and management of natural resources upon which such communities depend with a view to creating local incentives for the conservation and sustainable use of such resources.

Article XVIII - Research

1. The Parties shall strengthen their capabilities to carry out scientific and technological research in conservation, sustainable utilization and management of natural resources paying particular attention to ecological and socio-economic factors as well as their integration, and shall ensure the application of research results to the development and implementation of their environmental conservation policies.

2. The Parties shall promote cooperation in scientific and technological research, as well as in economic and marketing systems, between themselves and with third parties in the field of environmental conservation and sustainable use of natural resources.

To that end, they shall in particular:

(a) coordinate their research programmes with a view to achieving maximum synergy and complementarity;

(b) promote the exchange of research results; and

(c) promote the development of joint research activities and programmes in the fields covered by this Convention.

Article XIX - Development and transfer of technology

1. The Parties shall encourage and strengthen cooperation for the development and use, as well as access to and transfer of, environmentally sound technologies on mutually agreed terms, with a view to accelerating the transition to sustainable development, in particular by establishing joint research programmes and ventures.

2. To that effect the Parties shall adopt legislative and regulatory measures which provide for inter alia, economic incentives for the development, importation, transfer and utilization of environmentally sound technologies in the private and public sectors.

In implementing paragraphs 1. and 2. above, attention shall be paid to technologies which can be used locally by individuals, local communities and small/medium enterprises.

Article XX - Capacity building, education and training

1. (a) The Parties shall promote environmental education, training and awareness creation at all levels in order to enhance their peoples' appreciation of their close dependence on natural resources and their understanding of the reasons and rules for the sustainable use of these resources.

(b) For this purpose they shall ensure that environmental matters:

...

Article XXI - National authorities

Each Party shall establish or designate, if it has not already done so, a national authority empowered to deal with all matters covered by this Convention, and/or, where appropriate, establish a co-ordinating machinery between existing national institutions.

Article XXII - Co-operation

1. The Parties shall co-operate between themselves and, where appropriate and possible, with other States:

(a) to give effect to the provisions of this Convention;

(b) whenever any national measure is likely to affect the environment or natural resources of any other State or areas beyond national jurisdiction;

(c) in order to enhance the individual and combined effectiveness of their policies and legislations, as well as measures adopted under this Convention and under other international conventions in the fields of environmental protection and natural resources conservation and use; and

(d) in order to harmonize their policies and laws at the continental or regional levels, as appropriate.

2. In particular:

(a) whenever an environmental emergency or natural disaster occurring in a Party is likely to affect the natural resources of another State, the latter shall be provided with all relevant available data by the former as early as practicable;

(b) when a Party has reasons to believe that a programme, activity or project to be carried out in areas under its jurisdiction may have adverse effects on the natural resources of another State, it shall provide that other State with relevant information on the proposed measures and their possible effects, and shall consult with that State;

(c) whenever a Party objects to an activity referred to in sub-paragraph b) above, they shall enter into negotiations;

(d) Parties shall develop disaster preparedness, prevention and management programmes, and as the need arises hold consultations towards mutual assistance initiatives;

(e) whenever a natural resource or an ecosystem is transboundary, the Parties concerned shall undertake to cooperate in the conservation, development and management of such resource or ecosystem and if the need arises, set up interstate commissions for their conservation and sustainable use;

...

(h) the Parties shall exchange information bilaterally or through competent international agencies on activities and events likely to affect the natural resources and the environment of areas beyond national jurisdiction.

[Omitted: Article XXIII - Compliance]

Article XXIV - Liability

The Parties shall, as soon as possible, adopt rules and procedures concerning liability and compensation of damage related to matters covered by this Convention.

[Omitted: Article XXV - Exceptions, Article XXVI - Conference of the Parties, Article XXVII - The Secretariat, Article XXVIII - Financial resources]

Article XXIX - Reports and information

1. The Parties shall present, through the Secretariat, to the Conference of the Parties reports on the measures adopted by them in the implementation of this Convention and the results thereof in applying its provisions in such form and at such intervals as the Conference of the Parties may determine. This presentation shall be accompanied by the comments of the Secretariat, in particular regarding failure to report, adequacy of the report and of the measures described therein.

2. The Parties shall supply the Secretariat with:

(a) the texts of laws, decrees, regulations and instructions in force which are intended to ensure the implementation of this Convention;

(b) any other information that may be necessary to provide complete documentation on matters dealt with by this Convention;

(c) the names of the agencies or coordinating institutions empowered to be focal points in matters under this Convention; and

(d) information on bilateral or multilateral agreements relating to the environment and natural resources to which they are parties.

[Omitted: Article XXX - Settlement of disputes, Article XXXI - Amendments of the Convention, Article XXXII - Adoption and amendments of Annexes, Article XXXIII - Right to vote, Article XXXIV - Relationship between Parties to the revised Convention and Parties bound by the 1968 Algiers Convention, Article XXXV - Relationship with other international Conventions, Article XXXVI - Signature and ratification, Article XXXVII - Accession, Article XXXVIII - Entry into force, Article XXXIX - Reservations, Article XL - Withdrawal, Article XLI - Secretariat interim arrangements, Article XLII - Depositary, Article XLIII - Authentic texts]

...

[Omitted: Annex 1 - Threatened species definition, Annex 2 - Conservation areas, Annex 3 - Prohibited means of taking]


[11] UN Doc. MP.WAT/2000/1. Not yet in force. Parties and signatories (s): Albania, Armenia (s), Azerbaijan, Belgium, Bulgaria (s), Croatia (s), Cyprus (s), Czech Republic, Denmark (s), Estonia, Finland (s), France (s), Georgia (s), Germany (s), Greece (s), Hungary, Iceland (s), Italy (s), Latvia (s), Lithuania, Luxembourg, Malta (s), Monaco (s), Netherlands (s), Norway, Poland (s), Portugal (s), Republic of Moldova (s), Romania, Russian Federation, Slovakia, Slovenia (s), Spain (s), Sweden (s), Switzerland (s), Ukraine, United Kingdom of Great Britain and Northern Ireland (s), as at 31 July 2004.
[12] 40 ILM 321 (2001). Entry into force: 22 September 2003. Parties and/or signatories: Angola, Botswana, Congo, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, United Republic of Tanzania, Zambia, Zimbabwe.
[13 ]FAOLEX (FAO legal database online). UN Doc. ECE/CEP/104. Parties and/or signatories: Czech Republic, Hungary, Poland, Romania, Serbia and Montenegro, Slovakia, Ukraine.
[14] FAOLEX (FAO legal database online). Parties and/or signatories: Benin, Burundi, Djibouti, Gambia, Ghana, Guinea, Kenya, Liberia, Mali, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, Tanzania, Togo, Uganda, Zimbabwe.

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