Existing Solutions

Water, Transboundary basins, International Agreement, Cooperation, Integration of policies

legal

Legal and institutional

The Water Convention is the only international framework Convention addressing transboundary water management which is currently in force. Adopted in 1992 and into force since 1996, it aims to strengthen measures at the national and transboundary levels, to protect and ensure the quantity and quality of transboundary water resources — both surface waters and groundwaters, with the overarching objective of resources sustainability.
The Convention takes a holistic approach based on the understanding that water resources play an integrated part in ecosystems as well as in human societies and economies. It is based on the concept of integrated water resources management.
The Convention requires countries to fulfill complementary and mutually sustaining obligations:
-    To prevent, control and reduce adverse transboundary impacts on the environment, human health and socio-economic conditions;
-    To manage shared waters in a reasonable and equitable manner using the ecosystem approach and guided by the precautionary principle and the polluter-pays principle;
-    To preserve and restore ecosystems;
-    To cooperate through the establishment of agreements between Riparian Parties that foresees joint bodies responsible for joint management.

The Convention includes provisions on monitoring, research and development, consultations, warning and alarm systems, mutual assistance, exchange of information, and access to information by the public.
The Convention’s requirement on the establishment of agreements and joint bodies by Riparian Parties provides the concrete means for the practical implementation of the standards of cooperation required by the Convention.
Process of ratification:
Before ratification, the State has to enact any legislation necessary to implement the Convention domestically. Upon ratification, the State becomes legally bound under the Convention.
In 2003, the Parties amended the Convention (art. 25, 26) in order to open the Convention to non UNECE countries

The Convention currently has 38 Parties in the Pan-European region, coming from the European Union, non-EU Western and Eastern Europe, South-East Europe and Eastern Europe, the Caucasus and Central Asia. Some other European as well as non-UNECE countries are interested in acceding to the Convention.

The 1992 Water Convention was negotiated by UNECE member States in late. Following the collapse of the Soviet Union and the break-up of Yugoslavia, the new borders transformed many formerly national waters into transboundary ones, which therefore required new regulatory approaches.
Which actors proved strategic in the implementation? At what stage were they brought in?
All Parties are obliged to implement the Water Convention.
Ratification of the 2003 amendments is promoted by the UN Secretary General Ban Ki-moon, by Switzerland as current chair of the Meeting of the Parties of the Convention and  by individual Parties to the Convention.
Continued progress is catalyzed by:
-    Main governing body: Meeting of the Parties
-    Bodies implementing the work plan: Bureau, Working Groups on Monitoring and Assessment and on Integrated Water Resources Management, Task Force on Water and Climate, Joint ad-hoc Expert Group on Water and Industrial Accidents, Legal Board
-    Collaborative center, such as the International Water Assessment Center.

The Water Convention secretariat of the UNECE services the activities of the different.

Transboundary water basins cover around 45% of the land surface of the earth. Cooperation across borders is essential for successful water management, to guarantee peoples’ well-being in the whole region, and to prevent conflict: this cooperation can be efficiently regulated through the ratification of the Water Convention.
The entry into force of the amendments expected in 2012 will transform the Water Convention into a global legal framework for transboundary water cooperation that is based on a model which has proven its effectiveness in different economic, social and environmental conditions of the UNECE region.
How does the solution contribute to the target’s effective implementation and attainment?
The Water Convention provides a sound legal framework for cooperation on shared water resources coupled with concrete actions to support its implementation. The strong ownership by Parties ensures a positive impact of the Convention.
The Convention delivers expertise and advice on strategic and technical issues, and provides countries with guidance.

The Convention has played a crucial role in supporting the establishment and strengthening of cooperation within the UNECE region. Many agreements are modeled on the Convention. Among them are the Danube River Protection Convention, the agreements on rivers Sava, Bug, Rhine, Scheldt, Tisza, or on Lake Peipsi/Chudskoe. The Convention has inspired the principles and approaches of the EU Water Framework Directive. It influenced the work of many joint bodies and prompted the establishment of several new ones: commissions for rivers Elbe, Danube, Meuse, Oder, and Lakes Geneva, Ohrid and Peipsi/Chudskoe.
The Water Convention is a living agreement that has generated two protocols – on water and health, and on civil liability. It has promoted new concepts, such as the adaptation to climate change in the transboundary basins and the payments for ecosystem services.
Can the solution continue to deliver tangible impacts on the long term?*
As a catalyst for transboundary cooperation, the Water Convention contributes to long term conflict prevention, security and cooperation.

The ever growing number of Parties shows the success of the Water Convention. Currently, more than two thirds of the UNECE countries are Parties to the Convention.
In 2003, the Parties to the Water Convention decided to regularly carry out joint or coordinated regional assessments in order to keep the status of transboundary waters in the UNECE region under scrutiny, to benchmark progress resulting from measures taken to prevent, control and reduce transboundary impacts. The Working Group on Monitoring and Assessment was mandated to prepare these assessments.
The first Assessment of Transboundary Rivers, Lakes and Groundwaters was published in December 2007. Published in 2011, the second Assessment covers more than 140 transboundary rivers, 25 transboundary lakes and about 200 transboundary groundwaters in the European and Asian parts of the UNECE region. It is of fundamental importance, as it forms the basis for rational planning and decision-making.

Some countries from both the UNECE and non UNECE regions have shown their interest in acceding to the Water Convention.
Parties stressed the particular importance of the Convention for neighbouring non UNECE countries that share waters with UNECE countries.
Indeed, many transboundary river basins lie at the border between Europe and Asia and are an important source of drinking water, as well as water for irrigation and hydropower. Cooperation on and sustainable use of these resources is key for the development of riparian countries. Transboundary cooperation becomes more and more crucial in view of the expected consequences of economic development, population growth and climate change impacts on water resources, in order to prevent conflicts between riparian countries, optimize the use of resources and ensure sustainability.
Once the amendment enters into force (after two thirds of the Parties which have accepted the amendment have deposited their instruments of acceptance of the amendment), it will allow the rest of the world to use the Convention’s legal framework and to benefit from its 20 year experience.
Parties of the Convention have called for an increased exchange of experience and cooperation, even before the formal entry into force of the 2003 amendment. Non-UNECE countries (e.g. Iran, Afghanistan, Mongolia, Mexico, Sri Lanka, Morocco, Tunisia, Yemen, Algeria etc.) have increasingly participated in different events and activities under the Water Convention, such as in the preparation of the Second Assessment, the activities on water and climate change under the Convention, etc.
Specific capacity building activities in relation to opening of the Convention to non-UNECE countries are therefore organized:
-    among UNECE countries to promote the opening of the Convention;
-    in non UNECE countries preparing for the opening of the Convention with sub-regional workshops and conferences in Central Asia, in the Mediterranean region (in 2013) and the African region (later).

The Water Convention serves as a solid legal framework for efficient cooperation of its Parties in various areas of transboundary water management and protection, as well as for enhancing national measures to achieve integrated water resources management.
Free, efficient and timely exchange of information is a key to building trust and a shared vision among neighbouring countries. With time and trust, the competences of joint bodies tend to expand to include new areas and an increasing environmental mandate, so as to enable joint bodies and riparian States to implement the basin approach and the principles of integrated water resources management. Common research and development, warning and alarm systems, mutual assistance, public information are also important for the success of the Convention.
The approach of implementing pilot projects on transboundary rivers, lakes and groundwaters is efficient to exchange experience and jointly define needs.
National Policy Dialogues have proved to be efficient in producing policy packages in line with the Convention, the EU Water Framework Directive, and the Protocol on Water and Health.
What is the minimum investment necessary (in terms of human resources, time,
energy, infrastructure, financial resources, political will, etc.) in order to effectively implement this
solution?*
The minimum investments necessary are political will for policy and institutional reform, commitments of time, resources and efforts to enter into specific bilateral or multilateral agreements and to create institutions – joint bodies such as river and lake commissions – to facilitate transboundary water cooperation.
The Water Convention continuously evolves, nurtured by the work of its Parties and secretariat, to address old and new problems of transboundary water management. By addressing the emerging issues of transboundary cooperation such as the challenges of adaptation to climate change in transboundary basins, or the payments for ecosystem services, the Convention proves to be an efficient and up-to-date tool.
It is important that countries interested in accession to and implementation of the Water Convention can request assistance and receive advice applicable to their country-specific needs. In addition, as some countries may face difficulties in implementing the Convention, the Legal Board of the Convention has been entrusted with the important task of preparing the proposal on the modalities of a mechanism to facilitate and support implementation and compliance to be submitted for possible adoption at the sixth session of the Meeting of the Parties in 2012.

Some other UNECE countries are interested to become Parties to the Convention. There is also a strong commitment for the Amendment of 2003 to enter into force by 2012, thereby opening the Convention for accession to non UNECE countries, particularly to neighbouring Asian countries and Mediterranean countries. Several non-ECE countries have expressed interest in the Convention such as recently Mongolia and Viet Nam, although it is not expected that they will immediately ratify the Convention once the amendment enters into force.

http://www.unece.org/env/water.html

Ms. Francesca Bernardini – Secretary of the Water Convention – United Nations Economic Commission for Europe – Environment Division – Geneva, Switzerland – Tel.: +41 22 917 24 63 – francesca.bernardini@unece.org
Chantal Demilecamps – Associate Environment Officer – United Nations Economic Commission for Europe – Environment Division – Geneva, Switzerland – Tel.: +41 22 917 24 68
Chantal.Demilecamps@unece.org

Brochure of the Water Convention
Text of the Water Convention and its amendment
Publication “Second Assessment of Transboundary Rivers, Lakes and Groundwaters” (September 2011)
Amendment to articles 25 and 26 of the Convention (ECE/MP.WAT/14)
Document “How to promote the Convention?” ECE.MP.WAT/2009.13 and document on “Why the amendments should enter into force soon” ECE.MP.WAT/2009.1
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