1. Belemlilga Eleonore, Legal Officer, VBA
Workshop on the two Water Conventions 25 January 2018 Accra, Ghana Relationship between VBA legal framework and the Water Conventions
Belemlilga Eleonore,
Legal Officer, VBA

2. The Volta Basin
International Basin Organization (6 countries), BENIN BURKINA CÔTE D’IVOIRE GHANA MALI TOGO
Population of the basin~ 20 million
Surface: ~400,000km2
January 2007 – creation of the VBA through a Convention adopted by The Head of States
August 2009 – Entry in force of the VBA Convention

3. Legal framework Two main texts: Others (Institutional)
Convention on the Status of the Volta River and the establishment of the Volta Basin Authority, 2007
Statutes of the Volta Basin Authority, 2007
Others (Institutional)
Code of conduct for the natural resources of the Volta basin between Ghana and Burkina (contains principles but not signed and not binding), 2006
IWRM technical Committee between Ghana and Burkina, 2008
IWRM technical Committee between Mali and Burkina, 2013

4. The Convention on the Status of the Volta River and the establishment of the Volta Basin Authority (VBA Convention)
Signed by the six countries of the Basin (Benin, Burkina, Cote d’Ivoire, Ghana, Mali, Togo) in 2007 and entry in force in 2014
Declare the Volta river as an international River (Art 2)
Create the Volta Basin Authority (VBA) as an implementing institution (Art 3)
Set up nine principles for the cooperation between States on the river management (Art 4)
Defines the mandate of the VBA which is mainly the implementation and promotion of IWRM and the scope (Surface and groundwater, Art 6-7)
Set up the institutional framework of the Volta basin Authority (Art 8-9)

5. The VBA Convention (cont’d)
Institutional framework made of:
The Head of States
The Council of Ministers in charge of water resources
The forum of parties (Include NGOs, Collectivities…)
The Committee of experts (WRC, Technical WR Directors…)
The Executive Directorate (VBA)
Amendments, dispute settlement and dissolution (article 10 to 15)

6. Statutes of the Volta Basin Authority
Signed in 2007 by the Ministers in charge of water resources of six countries
Main purpose (article 1) is :
« …To provide for the specific objectives rules and procedures for the operation of the organs of the Authority. »
The Statutes is organizing the functionnement of the VBA Directorate and the Institutional framework according to the Convention (meetings, mandate…)
Remark: Lack of development of substantives and procedural rules for the water management

7. Overview of the principles
Volta Basin Convention (art 4) (Substantive rules)
Water Convention 1992
UNWC 1997
Equitable and reasonable utilization
X article C (general provision)
X art 5- 6: factors relevant to equitable and reasonable utilization
The obligation not to cause a damage
X Art 7 Def and appropriate measures
X Art 7 Def and measures of mitigation
Precaution and prevention
X Article 3 precaution, prevention, control and reduction of pollution
X Part IV, art protection, prevention, preservation…

8. Overview of the principles (Cont’d)
Volta Basin Convention (art 4) (Procedural rules)
Water Convention 1992
Water Convention 1997
Cooperation between States of the river basin
X article 2.6 ; 9 (consultations, establishment of joint bodies)
X art 8: Mechanism of cooperation
Exchange of data and information
X article 6 , 9 widest possible
X art 8: Def and best efforts to provide the date
Notification of planned measures
X art 9: joint bodies
X Part III, art 11-19: Information and notification, process of notification
Notification of emergency situations
X Art 14 Warning system
X Part V. art Prevention & mitigation

9. The Water Conventions in the Volta Basin
The 1992 UNECE Convention and the 1997 UN Watercourses
Convention
Three States of the Volta Basin are parties to the UN watercourses convention : Benin, Burkina Faso and Cote d’Ivoire
No State party to the UNECE water convention
Water management principles are just enounced in the Volta Convention, not developed, no institutional framework for their implementation (ex: notification process)

10. The Legal framework development perspectives in the Volta Basin
The elaboration of the VB Water Charter (2017 – 2019)
To consolidate and complete the VBA Convention
Provide tools and institutional arrangements for the implementation of the Water Law principles
For its elaboration the VBA is taking advantage of the existence of international legal texts such as the two water conventions and some water charters already developed in west Africa (Niger, Senegal and lake Chad basins)

11. Expectations on the draft water charter structure
After interviews and consultations, some expectations of the stakeholders about the water charter are that it should:
Promote IWRM principles
Define a framework for the resolution of conflicts
Define rules for water allocation
Develop the notification procedure
Develop the procedure for the exchange of data
Etc

12. Draft outline in discussion
The expectations will be translate on provisions in the future water Charter:
General provisions (Precision on the Status of the waters (groundwater), definitions)
Quantitative management of surface and groundwater (equitable and reasonable principle…)
Protection and preservation of water quality (pollution, …)
No harm principle
Emergency planning
Basin development planning
Notification of planned measures
Collection and exchange of data and information
More Principles and procedural rules and Annexes

13. References UN Watercourses Convention Users’ Guide :
     
Water Convention Implementation Guide:
   
Analysis of the two Water Conventions :
Amidou Garane. UN Watercourses Convention: Applicability and Relevance in West Africa
VBA Convention on the Status of the Volta river and establishment of the Volta Basin Authority (2007)

14. Thank you