Southern African Development Community Revised Protocol on Shared Watercourses in the Southern African Development Community (SADC)

Done August 7, 2000

The Heads of State or Government of the Southern African Development Community ("Community") agreed to a Revised Protocol on their shared watercourses ("Protocol") in recognizing that at that time there were no regional conventions regulating common utilization and management of shared Community watercourse resources. Preamble. The Revised Protocol repeals and replaces the Community's Protocol on Shared Watercourse Systems, which had entered into force on September 29, 1998. Art. 16.

The Protocol's overall objective is to "foster closer cooperation for judicious, sustainable and co-ordinated management, protection and utilisation of shared watercourses and advance the SADC agenda of regional integration and poverty alleviation." Art. 2. The States Parties recognized: 1) the unity and coherence of each shared watercourse; and 2) that utilization of shared watercourses shall be open to each watercourse State on an equitable and reasonable basis. Art. 3.1-2, 3.7. The States Parties agreed to undertake to respect existing rules of "customary or general" international law relating to shared watercourse utilization and management. Art. 3.3.

States Parties shall inter alia: 1) individually or jointly protect and preserve shared watercourse ecosystems, (Art. 4.2(a)); 2) notify other watercourse States on which planned measures may have a "significant adverse effect," (Art. 4.1(b)); and 3) and negotiate if necessary the possible effects of planned measures on the condition of a shared watercourse. Art. 4.1(a). Watercourse States may also enter into consultations to inter alia establish a joint watercourse management mechanism. Art. 4.3(a).

States Parties shall in utilizing a watercourse take all appropriate measures to prevent causing significant harm to other watercourse States. Art. 3.10(a). If such harm is nevertheless caused, the State causing the harm shall take "all appropriate measures" to: 1) eliminate or mitigate the harm; and, where appropriate, 2) discuss the question of compensation. Art. 3.10(b). Absent a contrary agreement between the concerned States, a watercourse State causing harm shall not discriminate on the basis of nationality, residence or place of injury in granting under its legal system: 1) access to judicial or other procedures; or 2) a right to claim compensation or other relief in respect of the significant harm. Art. 3.10(c).

In the event of any emergency situation occurring within its borders, a State Party shall notify without delay: 1) other potentially affected States; 2) the Community Water Sector Co-ordinating Unit; and 3) "competent international organisations." Art. 4.5. Such a State Party shall also supply information to these recipients with a "view to co-operate" in the prevention, mitigation and elimination of the emergency's harmful effects. Id.

The Protocol establishes several organs responsible for implementation of the Protocol, including: 1) a Committee of Water Ministers; and 2) a Water Sector Co-ordinating Unit. Art. 5.1. The Protocol also permits watercourse States to enter into agreements applying the Protocol's provisions to the characteristics and uses of all or part of a particular shared watercourse, so long as such waters are defined. Art. 6.3-4. PH