Co-Authors: Dr. Makane Moïse Mbengue Susanna Waltman:

Outline 1.The growing pressures on freshwater resources 2.The link between water and farmland investments 3.The relevant legal regimes 4.The current problem of unregulated water use 5.Recommendations

Growing pressure on freshwater resources

The link between water and farmland investments  QUANTITY: Increased volumes of water for large-scale agricultural projects  QUALITY: Increased pollution of water from chemicals, fertilizers, pesticides CROSSES INTERNATIONAL BORDERS: investments located around international river basins

Concentration of Investments - Niger River Basin Source: Land Matrix, base 2011

Source: Land Matrix

The Relevant Legal Regimes Domestic law Contracts between foreign investor & State International investment treaties Soft law principles PLUS International Freshwater Law International Environmental Law International Human Rights Law

Transboundary Environmental Impact Assessment

Sample provision in contracts “There will be no restriction on the volume of water extracted by the Company from rivers, other watercourses, wells and boreholes.” [West Africa] “The host State permits the Company to acquire what the project needs as water resources from the [Name of River Source], as well as underground water resources.” [East Africa] “The Company will not pay any fee to use water.” [East Africa] “Investor may not dam any streams or use amounts of water that could materially interfere with the activities of farmers or residents” [West Africa]

World Bank, UNCTAD, IISD

The problem Contracts undermine domestic law and international environment law “Virtually unregulated” water use by foreign investors (WB and UNCTAD) No recognition of international law obligations in relation to water

The way forward Contracts that uphold domestic and international law Application and implementation of domestic and international water laws in investment projects Regular monitoring of water use for large- scale agricultural project

Thank You! Carin Smaller