Any country's policy on sharing of river water resources needs to be redrawn on the basis of the United Nations Convention on the Law of Non-navigated Uses of International Water Courses, 1977 and the South African model.
MAHATMA GANDHI said that the earth has enough water and everything to meet the needs of everyone, but not for their greed. It is estimated that the total fresh water available in many countries annually is sufficient for both irrigation and drinking purposes. But the problem lies in wastage and faulty distribution.
Most of the water cannot be put to use because of topographical and other constraints. Floods and drought affect vast areas in many countries, transcending boundaries. Some countries are drought-prone and some countries are affected by floods.
The water policies of many countries in its present form, lacks teeth. River water courts of law take on an average between 10 and 20 years to deliver their awards, and there is no guarantee that the awards will be implemented. In many cases the awards are actually reopened.
Negative fallout of the present model of water resource development has been the emergence of regional imbalances, and this cannot be corrected unless there is an overall framework for water resource management. In relation to the Draft Water Policies, there are three major areas in which many countries have serious reservations.
The first is in the setting up of a River Basin Authority with statutory powers.
Second, the proposed guidelines for the allocation of the waters of inter-State rivers among the basin States are discriminatory.
Third, many countries are unhappy that the upstream countries are trying to take control of the rivers and other water resources.
There should be international National Water Policies and Guidelines to be drafted with a view to accommodating the interests of all countries.
In this context, South Africa's experience in resolving the issue of water resource management and distribution is instructive. South Africa's White Paper on Water Policy (April 1997) is an impressive document in which the water needs of every citizen are seen as a human right, while the tasks of distribution and management of water are raised to the level of a public trust. Policy-makers, political thinkers, social activists, non-governmental organizations (NGOs) and so on will have to do well to make a serious study of this document.
THE White Paper on Water Policy approved by the South African Cabinet on April 30, 1997, represents an important stage in the review and reform of the water law in South Africa. The Water Policy was incorporated as a Bill of Rights in the Constitution of South Africa. The core theme of the Bill embodies the national value of reconciliation, reconstruction and development so that water is shared on an equitable basis, the needs of people without access to water in their daily lives are met, the productive use of water in the economy is encouraged, and the environment which provides water and sustains life and the economy is protected. The key principles underlying South Africa's water policy are:
1. The nation's water resources are an indivisible national asset;
2. The national government will act as the custodian of the nation's water resources and it will exercise its powers as a public trust;
3. All water in the water cycle, whether on land, underground or in surface channels, falling on, flowing through or infiltrating between such systems, will be treated as part of the common resource, and the extent required to meet the broad objectives of water resource management will be subject to common approaches;
4. Only that amount of water required meeting the basic human needs and maintaining environmental sustainability will be guaranteed as a right;
5. The system of allocation must promote use that is optimal for the achievement of equitable and sustainable economic and social development;
6. The policy must promote equitable access to water for the disadvantaged groups for productive purposes such as agriculture; and
7. All major water user sectors must develop a water use policy. Conservation and protection policies and regulations should be introduced to ensure compliance with the policy in key areas.
It will be seen that here the principle of equity is central to the water law reform process and special attention has to be given to addressing the needs of those who were historically denied access to water or the economic benefits of water.
Water was mostly used by a dominant group, which had privileged access to land and economic power
To resolve water disputes on reasonable and equitable lines, the following parameters must be made part of the water policy:
The extent of river basin drainage area in each country; the contribution of water to river basin by each country; the climate in the river basin; the population dependent on the water in each country; the cultivable area that requires irrigation; availability of other water resources, including ground water; the extent to which wastage can be avoided in water utilization; the degree to which the need of a country may be satisfied without causing substantial injury to a co-basin country; and the extent of arid and semi-arid areas in each country.
The basin States' contribution to basin flows should have a relationship to the extent of land that is already under irrigation. States whose groundwater position is uncertain because of reduced dispatch, deep water table and low storage should be given weight age in the allocation. States that have only one regulator without any carry-over storage into the next season and therefore let the water out into the sea may have to be discouraged. The quantum of water thus let into the sea must also be a factor that must be considered while allocating the share of the lower riparian area. The upper riparian countries cannot be expected to suffer because of the wastage on the part of the lower riparian States.
Clause 4.10 of the draft policy states: "Protection of existing inter-State agreements, whether approved by co-basin States or not, shall be accommodated in the Scheme."
From all this it appears as if the Governments of any country intends to give tacit approvals for all inequitable agreements without subjecting them to any sort of scrutiny.
The principles of democracy demand that the national water use policy and water laws be revised on the basis of fairness, equity and growth. The draft guidelines may have to be redrafted in accordance with these principles. They should at least conform to the U.N. Convention of May 1977 and the South African water laws. Article 33 of the U.N. Convention and the Report of the Western Water Policy Review Advisory Commission of the United States (1998) show how the settlement of disputes can be achieved, with mediation or conciliation by a third party.
About the Author:
Professor of Finance, Hawassa University,Hawassa,Ethiopia |
