1. STAKEHOLDER PARTICIPATION AND TRANSBOUNDARY WATERS By Dr
STAKEHOLDER PARTICIPATION AND TRANSBOUNDARY WATERS By Dr. Patricia Kameri-Mbote, International Environmental Law Research Centre & Faculty of Law, University of Nairobi
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2. Outline Introduction Nile Basin Observations Nile Basin Discourse
Conclusion
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3. Introduction
Transboundary waters as watercourses traversing different states
Presenting a challenge in terms of management
Different states with different interests as per their national needs
Different groups of people in the different states with different needs
Potential for conflict in use and management
Need for co-operation between states as well as between basin users
International law a basis for negotiation of rules to govern transboundary watercourses
Developed over time
International law develops in specific political-economic situations
Differing capacities of actors to negotiate
Some IL interests may be perceived to favour some actors at the expense of others
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4. Nile Basin as an Example
The Nile Basin covers ten countries namely, Ethiopia, Eritrea, Egypt, Sudan, Kenya, Uganda, Tanzania, DRC, Rwanda, Burundi and an area of about 3 million square kilometres.
The Nile Basin Initiative, developed over the years and formally established in 1999,
Brings Nile Basin countries to work together to develop the resources of the Nile for the benefit of all
Context: A long legacy of mutual recriminations, regional conflict, drought and other problems
Initially cooperation was around scientific information sharing
The shared vision of the Nile Basin Initiative is “To achieve sustainable socio-economic development through equitable utilization of, and benefit from the common Nile basin water resources”
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5. Nile Basin as an Example (2)
The NBI has developed a very comprehensive programme for the development of the basin in a sustainable and equitable way through its organs:
The Council of Ministers (Nile-COM)
The Technical Advisory Committee (Nile-TAC)
The Nile Basin Initiative Secretariat (Nile-Sec)
The NBI has two main programmes:
1. The Shared Vision Programme (meant to help create an enabling environment for action on the ground) covering all riparian states and dealing with issues such as regional power trade, water resources planning, confidence building and stakeholder participation, socio-economic development and benefit-sharing among others.
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6. Nile Basin as an Example (3)
2. Subsidiary Action Programme (Sub-basin projects) involving specific groups of riparian countries categorised into two:
Eastern Nile Subsidiary Action Programme (ENSAP)
Nile Equatorial Lakes Subsidiary Action Programme (NELSAP)
These are geared to reach the lowest appropriate level
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7. Observations
The Nile Basin Initiative was developed at a very high political level
The process towards a cooperative framework a fragile one threatened by mistrust etc
No direct involvement of groups outside the government departments
About 160 million people associate with the Nile River basin and depend on it for subsistence/livelihood and economic activities
There are international agreements on the use of the Nile which are contested by some countries as inequitable
International law state-centric involving scientific, political and legal consensus among states)
Theory of state succession in international law
Recognized need to bring all stakeholders on board
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8. Observations (2)
The principle of subsidiarity – mechanisms should be sought to get to the lowest levels possible
People who inhabit river basin are critical to the success of any internationally negotiated watercourse management arrangement.
Contestation over agreements on the Nile revolve around issues of equity
Competing uses by basin users need to be managed
This can be done by using local level mechanisms and nationally devised principles
Legal & Policy conflicts between different states should be eliminated
Inter-state negotiations must include all stakeholders
The Nile Basin Initiative predicated on view that Nile waters constitute a major and vital resource for the people of the basin countries
Governments cannot go it alone and must include other stake holders such as civil society
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9. Nile Basin Discourse
The Nile Basin Discourse was initiated to bring the voices of stakeholders other than government to the process of the development of the Nile basin.
It seeks to:
Promote a broad based open dialogue, discussion and sharing of views on development in the Nile basin mainly through the Nile Basin Initiative between:
All role players
Stakeholders and affected parties
Develop a database of stakeholders
Facilitate interaction between stakeholders
Catalyse national discourses in the 10 riparian countries
Give space for national discourse on status of people dependent on the Nile waters
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10. Nile Basin Discourse (2)
Capture voices of all stakeholders, especially the poor, at national and sub-national levels, and at the level of local residents, community-based organizations (CBOs) and others concerned with issues of:
Poverty, food security and economic and social human rights; and
The threats to livelihoods and poverty reduction posed by accelerating environmental degradation in large areas of the Nile Basin.
Expected that the participation of a diverse array of stakeholders will:
Contribute to the Nile Basin Initiative’s effectiveness; and
Contribute by bringing non-government views in addressing poverty, improving the livelihoods of all within the basin, and addressing insecurity and strife in the region.
The process leading to the establishment of the discourse has been rocky
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11. Nile Basin Discourse (3)
Government actors wary of engaging civil society due to political fragility of the process leading to co-operation over the Nile waters
Structure of NBD
1. International steering committee with membership drawn for all riparian countries and each member has been tasked to initiate a national discourse in their country
2. A general assembly drawn from all riparian countries which has met once
3. Secretariat in Entebbe, Uganda near the offices of the NBI
4. National Discourse Forums
Challenges in Getting NBD Going
Steering committee put together in 2001 upon realisation that the NBI had gone so far without involvement of stakeholders outside government.
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12. Nile Basin Discourse (4)
Group representing civil society interests drawn from across the basin made a statement on the importance of engaging all stakeholders in the development of the Nile at the First Meeting of the International Consortium for Co-operation on the Nile (ICCON)
Question of representation
Should involvement have been sought only after getting all stakeholders on board?
Given open nature of dialogue and involvement of diverse entities, how does one meaningfully put in place an agenda not captured by interests of powerful groups?
Leveraging resources for National Discourse Forums
Legal nature of forums – has implications for capacity to engage government
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13. Conclusion
Stakeholder participation in the management of transboundary waters must be seen in the broader context of procedural rights which have informed developments in the environmental rights realm and outlined in Principle 10 of the Rio Declaration
Access to information by all
Public Participation in decision-making
Freedom of association
Access to justice
Process of engendering stakeholder participation in transboundary waters’ management is not a smooth one.
It is essentially political and amenable to capture by interest groups
Development of a transboundary waters’ management regime must endeavour to engage all stakeholders however expensive that may be to guarantee success
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