Development of a Convention for the Sustainable Management of Lake Tanganyika By Benoit BIHAMIRIZA Director Legal Affairs, Treaties and Disputes Ministry of Foreign Affairs and Cooperation Burundi

Why a Convention? Lake Tanganyika is special Lake Tanganyika is threatened Existing national legislation regarding the lake is inadequate A convention provides the necessary rights, responsibilities, institutions and framework in international law which compels the countries to cooperate in the management of Lake Tanganyika

Objectives of the Convention Create a binding legal framework Establish institutions for implementing the Convention Set up the mechanisms for the implementation of the Strategic Action Programme Establish procedures for settling disputes

What does the Convention contain? Preamble: the parties reaffirm the unique quality of Lake Tanganyika’s biodiversity and decide to negotiate a convention to protect it. article 1: usage of terms articles 2-3: objectives and scope of the convention articles 4-12: obligations of Parties articles 13-21: establish the mechanisms for implementing the convention.

What does the Convention contain? (Continued 1) articles 23-27: establish the institutions of the convention, detailing their functions and attributes article 28: establishes the financing mechanisms of the Lake Tanganyika Management Authority articles 29-31: provide mechanisms for settling disputes, establishing liability and determining the right to appeal

What does the Convention contain? (Continued 2) articles 33-44: regulate various procedural matters including: voting, convention protocol, amendments and the relationship with other international instruments and national laws Annex I: provides procedures for the evaluation of environmental impact Annex II: provides a list of dangerous activities for the lake environment

What does the Convention contain? (Continued 3) Annex III-IV: state the procedures for settling disputes in case the process of negotiation and mediation outlined in article 29 fails

Steps Already Taken... Regional Legal Workshop Lusaka, February 1998 Anglophone Legal Workshop Dar es Salaam, August 1999 Francophone Legal Workshop Arusha, September 1999

Steps Already Taken… (Continued) Regional Legal Workshop Arusha, November 1999 at which the four delegations agreed on a harmonized text Regional Steering Committee Lusaka, May 2000 at which the harmonized text was adopted and recommended for transmission to the four governments for consideration

Remaining Steps... National consultations Negotiations between the riparian countries Establishment of Interim Lake Management Authority Signature and ratification For these steps to be realized, there is need for: –Support from the Planning Unit –Financial Support from Donors –Riparian countries to maintain momentum