Transboundary Water Cooperation : The Role of River Basin .... (Dr...July 2008 Transboundary Water Cooperation : The Role of River Basin Organisations (RBOs) Ir. (Dr.) Keizrul bin

July2008

Transboundary Water Cooperation : The Role of River Basin Organisations

(RBOs)

Ir. (Dr.) Keizrul bin AbdullahSenior Advisor & Immediate Past Chairperson,

Network of Asian River Basin Organizations (NARBO)

July2008

Essential for the survival of all known forms of life on earth

Sustains the eco-system Major determining factor for socio-economic

development and improved quality of life

Water is Indispensable for Life

Water

July2008

Society•Population•Life style•Culture•Social Organization

Environment

•Atmosphere•Hydrosphere•Land•Biosphere•Minerals

Economy•Agriculture•Industry•Households•Energy•Transport•Services

Impacts

Impacts Impacts

Water and Society

July2008

The water we have/use (both surface and underground) originate from rain

Water is Indispensable for Life Concept of a River Basin

Water

July2008

July2008


River Basin Geographical area determined by the watershed limits of the system of watersflowing to the sea through a common outlet


Water

July2008

A River Basin

July2008


River Basin Geographical area determined by the watershed limits of the system of waters flowing to the sea through a common outlet

Impact of population growth and development within a river basin


Water

July2008

Typical river basin with 4 sub-basins

July2008

When population small Impacts localised to sub-basin

July2008


July2008


July2008


July2008 As population grows Impacts extend beyond sub-basins

Upstream activities affecting downstream areas and vice versa

July2008 As population grows Impacts extend beyond sub-basins

Upstream activities affecting downstream areas and vice versa

July2008

The water we have/use originate from rain Geographical area determined by the watershed

limits of the system of waters flowing to the sea through a common outlet a river basin


Water competition/conflicts within a river basin


Water

July2008

River

Upstream Users

Downstream Users

Economic Sectors

Eco-System

July2008

The water we have/use originate from rain Geographical area determined by the watershed

limits of the system of waters flowing to the sea through a common outlet a river basin


Water conflicts within a river basin Problems exacerbated in a transboundary river

basin


Water

July2008

Transboundary across a boundary Transboundary river basin a river basin that

crosses or demarcate one or more political boundary

~57 international transboundary river basins in Asia

Water is Indispensable for Life Concept of a River Basin Transboundary River Basin

Water

July2008

Mekong River - Geographical Map

July2008

Mekong River - Basin Boundary

July2008

Mekong River - Transboundary Map

July2008

Complex physical, hydrological, political and human interactions make water management extremely difficult

Nationalistic fervour and sovereignty potentially disruptive factors inhibiting co-operation Different national interestsPower disparities between riparian countriesDifferences in national institutional capacity


Water

July2008

Complex physical, hydrological, political and human interactions make water management extremely difficult

Nationalistic fervour and sovereignty potentially disruptive factors inhibiting co-operation Limited data and information exchangeLack of sufficient basin scale knowledge and institutional capacity to make decisions


Water

July2008

Competition among Users in a Transboundary River Basin

July2008

Who owns the water? Most religions Water is a Gift from God But this Gift not for Mankind alone, it is for all

living things (fauna and flora) Reality World-wide, it is generally the

State/Crown that claims ownership of water

1) Ownership of Water

Key Factors To Be Considered

July2008

Who has the water rights? A water right refers to the legal right of a user

to use water from a water source Usually the use reasonable and beneficial use

(eg. domestic, agricultural, industrial, mining) 2 major models used for water rights

Riparian water rights Prior appropriation water rights

2) Water Rights


July2008

Riparian water rights A system for allocating water to those who own

land adjacent to the water source Water allocation usually fixed in proportion to

frontage on the water source; sometimes in proportion to the land area vis-à-vis basin area

Water cannot be transferred out of the basin without due consideration as to the rights of the downstream riparian landowners

2) Water Rights


July2008

Prior appropriation water rights A legal doctrine developed in the western

United States Doctrine first in time of use first person to

take a quantity of water from a water source for "beneficial use“ has the right to continue to use that quantity of water for that purpose

Subsequent users can take the remaining water for their own beneficial use if they do not impinge on the rights of previous users

2) Water Rights


July2008

Human Right to Water (HRW) HRW was recognised as a human right by the

UN GA through Resolution 64/292 passed on 28th July 2010

UN GA recognised the right of every human being to have access to sufficient water for personal and domestic uses

The Resolution obliges governments to ensure that people can enjoy clean, available, acceptable, accessible and affordable water

2) Water Rights


July2008

How much water do we have in the River Basin? Need to collect meteorological and hydrological

data and information Temporal and spatial fluctuations, seasons Extreme events floods and droughts Climate change will exacerbate the situation Develop a river basin water budget

3) Water Resources Availability


July2008

Holistic and integrated plan Macro view of the river basin indicating economic

centres, township, agriculture, recreation, etc Water demand who needs water, how much,

when? Determine supply-demand water balance study

4) River Basin Plan


July2008

What is water governance? Organisation for Economic Co-operation and

Development, OECD definition :

5) Water Governance

“Water governance is the set of rules, practices, and processes (formal and informal) through which decisions for the management of water

resources and services are taken and implemented, stakeholders articulate their

interest and decision-makers are held accountable”


July2008



5) Water Governance





July2008



5) Water Governance




Water laws and water institutions


July2008

UNECE Water Convention Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Adopted in Helsinki in 1992 and entered into force in 1996)

5) Water Governance


July2008

UN Watercourse Convention Law of the Non-Navigational Uses of International Watercourse (Adopted by the UN Gen Assembly in 1997)

Embodies several principles :Principle of “equitable and reasonable utilization”Obligation “not to cause significant harm”Framework for the exchange of data and informationProtection and preservation of shared water bodiesCreation of joint managementMechanism for settlement of disputes

5) Water Governance


July2008

July2008

1) Ownership of Water2) Water Rights3) Water Resources Availability4) River Basin Plan5) Water Governance

Transboundary Water Cooperation

July2008

1) Ownership of Water2) Water Rights3) Water Resources Availability4) River Basin Plan5) Water Governance

DetermineDevelop


July2008


July2008


Competing Stakeholders Need an Independent Referee to

Arbitrate

July2008

RBO an Apex body set up to manage a river basin

Many types of RBOs governmental body, quasi-governmental, corporatised, private

Some important pre-requisites : Have a legal mandate Be independent / not biased Financially sustainable

Key role water management in river basin Water management = Conflict management

River Basin Organisation (RBO)


July2008

Water management is multi-objective and based on optimising and meeting competing interests

The chances of finding mutually acceptable solutions drop exponentially when the number of stakeholders and nations involved increases

Unfortunately there are no “blueprints” for water conflict management

But there are some general patterns in approaches to water conflict which have emerged over time

Water Conflict Management


July2008

The basic form of water disputes competition for water tends to be a “zero-sum” situation

NARBO trying out a water conflict transformation model developed by the World Bank

Water Conflict Management


July2008

Stage 1 - Adversarial stage The parties tend to focus on the past and on their

water rights They tend to avoid looking at the impact of their

activities esp. on environmental degradation Learning Emphasis trust-building through

active and transformative listening

Water Conflict Transformation Model


July2008

Stage 2 - Reflexive stage The parties begin to listen a bit more Negotiations can shift from rights (what a

stakeholder feels it deserves) to needs (what is actually required to fulfill its goals)

The parties begin to understand the needs of the river basin as a whole

There is a shift from speaking to listening, from rights to needs, and from local to basin

Learning Emphasis skills-building



July2008

Stage 3 - Integrative stage The needs expressed in Stage 2 is looked at

together as group interests/needs The parties begin to understand the “why” and

the “needs” of others Negotiations can shift to think about how to

enhance benefits throughout the region eg. by adding resources other than water

Learning Emphasis consensus-building and looking at the benefits from a river basin approach



July2008

Stage 4 - Action stage To develop plans which ensure that the benefits are

distributed equitably amongst the parties Need an independent outside party/institution

to manage the river basin (RBO) Learning Emphasis capacity-building especially

in the management institutions (RBOs)



July2008

Some Case Examples from Asia

July2008

Indus Waters Treaty a water-sharing treaty between India and Pakistan signed in 1960

Case Example #1

July2008

Indus Waters Treaty a water-sharing treaty between India and Pakistan signed in 1960 Disagreements and disputes settled through

legal procedures provided for within the framework of the treaty

Both countries agreed to exchange data and co-operate in matters related to the treaty

Treaty created the Permanent Indus Commission (RBO), with a Commissioner appointed by each country to adjudicate any future disputes arising over the allocation of waters

Case Example #1

July2008

Mekong River Basin Encompassing parts of

Cambodia, China, Lao PDR, Myanmar, Thailand and Vietnam

Basin area : 795,000 km³

Case Example #2

July2008

Mekong River Basin Commission (MRC) Inter governmental

agency (RBO) Comprises lower

Mekong countries : Cambodia, Lao PDR, Thailand and Vietnam

China and Myanmar are Dialogue partners

Case Example #2

July2008

Role of Mekong River Basin Commission (MRC) Monitor - river flow, water quality, sediment,

salinity, fisheries, navigation Provide basin-wide understanding of

cumulative impacts of development scenarios and interactions between sectors

Provide advice to government decision-makers Build capacity, facilitate dialogue and provide

technical guidance Promote development and alleviate poverty,

while protecting aquatic ecosystems

Case Example #2

July2008

Upstream - Downstream relations Technical level cooperation :

• China and Myanmar Dialogue-Partners since 1996

• Real-time flow and rainfall - data from 2 stations in China in flood season since 2002

• Annual dialogue meetings and briefings, Joint seminars

Case Example #2

July2008

Upstream - Downstream relations Steps in building confidence

• Exchange visits • Staff secondment• Cooperation on transboundary issues• More data sharing and information exchange

Case Example #2

July2008

RBO an Apex body set up to manage a river basin

Some important pre-requisites : Have a legal mandate Be independent / not biased Financially sustainable

Key role to facilitate water cooperation and water management in transboundary river basin

River Basin Organisation (RBO)

Conclusion

Thank You for Cooperating in

Transboundary Basins

Documents

Transboundary Water Cooperation : The Role of River Basin .... (Dr...July 2008 Transboundary Water Cooperation : The Role of River Basin Organisations (RBOs) Ir. (Dr.) Keizrul bin