1. Paths to Managing and Transforming Water Conflicts Lynette de Silva International Water Management Institute Colombo, Sri Lanka July 2, 2013

2. The Transboundary Freshwater Dispute Database (TFDD) (www.transboundarywaters.orst.edu) A Project of Oregon State University Department of Geosciences and the Northwest Alliance for Computational Science Reference to 3,600 water-related treaties (805-1997) Full-text of 400 treaties and 40 US compacts, entered in computer database Detailed negotiating notes (primary or secondary) from fourteen case- studies of water conflict resolution Annotated bibliography of “State of the Art” of water dispute resolution literature Indigenous methods of water dispute resolution News files on cases of acute water-related disputes

4. Events Database, Example DATEBASINCOUNTRIES BAR SCALE EVENT SUMMARY ISSUE TYPE 12/5/73La Plata Argentina-- Paraguay 4 PRY AND ARG AGREE TO BUILD 1B DAM, HYDROELECTRIC PROJECT Infrastructure 1/1/76Ganges Bangladesh-- India--United Nations -2 Bangladesh lodges a formal protest against India with the United Nations, which adopts a consensus statement encouraging the parties to meet urgently, at the level of minister, to arrive at a settlement. Quantity 7/3/78Amazon Bolivia--Brazil-- Colombia-- Ecuador-- Guyana--Peru-- Suriname-- Venezuela 6Treaty for Amazonian Cooperation Economic Development 4/7/95JordanIsrael--Jordan4 Pipeline from Israel storage at Beit Zera to Abdullah Canal (East Ghor Canal) begins delivering water stipulated in Treaty (20 MCM summer, 10 MCM winter). The 10 mcm replaces the 10 mcm of desalinated water stipulated Annex II, Article 2d until desalinization plant completed Quantity 6/1/99Senegal Mali-- Mauritania -3 13 people died in communal clashes in 6/99 along border between Maur. & Mali; conflict started when herdsmen in Missira-Samoura village in w. Mali, refused to allow Maur. horseman to use watering hole; horseman returned w/ some of his clansmen, attacking village on 6/20/99, causing 2 deaths; in retaliation that followed, 11 more died. Quantity

6. The Politics of water “Most interactions are cooperative. Cooperative events are more than twice as common as conflictive events Most interactions are mild. Water acts as an irritant. Despite the lack of violence, water resources can make good relations bad and bad relations worse. Water acts as unifier. The historical record shows that water disputes /do /get resolved, even among bitter enemies, and even as conflicts rage over other issues. Overall, the major water-related issues are quantity and infrastructure…” Excerpt from INTERNATIONAL WATERS: INDICATORS FOR IDENTIFYING BASINS AT RISK Aaron T. Wolf, Shira B. Yoffe, and Mark Giordano Department of Geosciences, Oregon State University, USA

7. BASINS AT RISK: Working Hypothesis There are at least 2 critical variables that can exacerbate conflicts: (1) Rapid change, and (2) Institutions that cannot adapt to these changes quickly enough. Mechanisms need to be in place, for example: – “Compacts, treaties and international agreements – Institutes or organizations like River Basin Organizations, and Watershed Councils – a history of collaborative projects – generally positive political relations – higher levels of economic development”

8. Water Conflict Management Conflicts and disputes brought on by competing interests (not necessarily too little water) – Made worse by: misperceptions entrenched thinking miscommunication Conflicts and disputes managed by: – Focusing on interests and values, not positions (rights to needs to benefits to equity) – Focus on process and relationships, not dividing water – Institutions matter Most important skill: LISTEN!

9. RESILIENT TRANSBOUNDARY WATER INSTITUTIONS Adaptable Management Structure -- public input -- changing basin priorities -- new information/monitoring abilities Clear and Flexible Allocation -- rights to needs to interests -- hydrologic extremes -- new knowledge -- changing societal values Equitable Distribution of (Baskets of) Benefits, Not Water Detailed Conflict Resolution Mechanism Sustainable Institution and Financing

10. Conflict Within and Between Multiple Scales The smaller the scale, the greater the likelihood of dispute. Intrapersonal Conflict Interpersonal Conflict Inter-sectoral Conflict Inter-agency Conflict Inter-state Conflict International Conflict

12. The crux of water disputes… …more than “simply” fights over a quantity of a resource; they are arguments over conflicting attitudes, meanings, and contexts. Aaron T. Wolf / Annika Kramer / Alexander Carius / Geoffrey D. Dabelko. 2005 State of the World 2005 Global Security Brief #5: Water Can Be a Pathway to Peace, Not War

16. Benefits of International Waters Cooperation Sub-optimal water resources development Improved hydropower & agricultural production, flood- drought management, environmental conservation & water quality The ChallengesThe Opportunities Limited water resour. management: degraded watersheds, wetlands, biodiversity, & water quality. Improved water quality, riverflow characteristics, soil conservation, biodiversity Tense (+/-) regional relations & political economy impacts Policy shift to cooperation & development, from dispute; from food & energy self-sufficiency to security; reduced conflict risk & military expenditure (+/-) Regional fragmentation Integration of regional infrastructure, markets & trade Type 1: Increasing Benefits To the river Type 2: Increasing Benefits From the river Type 3: Reducing Costs Because of the river Type 4: Increasing Benefits Beyond the river Source: Sadoff and Grey 2003.

17. Unilateral Action Joint Action Coordination Collaboration Cooperation Continuum Communication and notification Information sharing Regional assessments Identify, negotiate and implement suites of national investments that capture incremental cooperative gains Adapt national plans to mitigate regional costs Adapt national plans to capture regional gains Joint project assessment and design Joint ownership Joint institutions Joint investment Dispute Integration Type 2 benefits Type 4 benefits Types of Cooperation – a Cooperation Continuum Type 1 benefits Type 3 benefits Source: Sadoff and Grey 2003.

18. Unilateral Action Joint Action Coordination Collaboration Cooperation Continuum Dispute Integration Types of Cooperation – some examples Indus commun- ication Mekong info sharing, assessments Rhine convergent national agendas Orange joint prep and investment Senegal joint equity ownership River type of cooperation type of benefit 1-4 2,3 1,3 1-4 1-3 type of benefit sharing joint ownership purchase agreement, financing cost sharing Source: Sadoff and Grey 2003.

19. But where to begin? Improve listening skills Introductions through narrative Employ facilitators or mediators Employ universities to inform the policy Bring about a shift in awareness (on several scales) Through meditation Learn to live with apparent contradictions and paradoxes Expansive questions - Shift from Either/Or to Both/And Approach: “How can we address “A” and at the same time build “B”?  How can we address the sedimentation problems in the river caused by logging, and at the same time build a robust logging industry? Use a vision board to build a collective future Use situation maps Clearly identify stakeholders & positions Identify interests behind positions

20. 2007 OREGON LAND USE / WATER USE SITUATION MAP Courtesy of Todd Jarvis

21. Metaphorically speaking, remove the political boundaries

22. Change ones perception - recognize the “potential” in conflict as something not yet seen, something waiting to be realized Learn the art of negotiating (BATNA - best alternative to a negotiated agreement ) Become a “Renaissance man” Work with organizations that can assist in all the above UNESCO Program in Water Conflict Management and Transformation The Universities Partnership for Transboundary Waters Continued…

23. Thank you! Lynette de Silva Visit us at: www.transboundarywaters.orst.edu/