25 years of experience in implementing the UNECE Water Convention. Francesca Bernardini Secretary of the UNECE Water Convention

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1 25 years of experience in implementing the UNECE Water Convention Francesca Bernardini Secretary of the UNECE Water Convention

2 History of the Convention: from a regional to a global agreement 1992: Adoption of the Water Convention 1996: Entry into force of the Convention 1999: Adoption of the Protocol on Water and Health 2003: Adoption of the amendment allowing all UN Member States to accede to the Convention 2012: Blanket approval by the Meeting of the Parties for all future requests for accession 2013: Entry into force of the amendment 1 st March 2016: Operationalization of the Amendment: all UN Member States can accede to the Convention

3 The Water Convention: a living instrument Objective: to protect and ensure the quantity, quality and sustainable use of transboundary water resources by facilitating cooperation The Convention is based on three main pillars: Principle of prevention Principle of reasonable and equitable utilization Principle of cooperation Sustainability of resources is the overarching objective Support to transboundary water cooperation thanks to: A sound legal framework An active institutional framework Acitivities and projects on the ground

4 Status of ratification of the UNECE Water Convention Status of ratification of the Convention 38 countries and the European Union Parties Parties Countries Non Parties in accession Non Parties 40 countries and the European Union.

5 The process of globalization of the Convention The Convention was amended in 2003 to allow accession to all UN Member States with the objective to: Build on the success achieved Apply the principles and provisions worldwide Share the experiences of the Convention Learn from other regions of the world Broaden political support for transboundary cooperation Jointly develop solutions to common challenges As of 1st March 2016, all UN Member States can accede to the Convention More than 60 countries outside the UNECE participate in the Convention s activities Several are in the process of accession

6 Obligations under the Convention General (Part 1) Obligation of preventing, controlling and reducing transboundary impacts (due diligence obligation) Obligation to ensure that transboundary waters are used in a reasonable and equitable way Obligation for riparian countries to cooperate through the establishment of agreements and joint bodies All appropriate measures Other provisions: Art. 4. Monitoring programmes for monitoring the conditions of transboundary waters Art. 5. Research and development on effective techniques for prevention, control and reduction of impact Art. 6. Exchange of information the widest exchange of information, as early as possible Art. 7. Responsibility and liability support efforts to elaborate rules, criteria and procedures Legal, administrative, economic, financial and technical measures Prior licensing of waste-water discharges by the competent authorities, and monitoring of the authorized discharges based on BAT Application of biological treatment or equivalent processes to municipal waste water Measures to reduce nutrient inputs from industrial and municipal sources Measures and best environmental practices for the reduction of pollution from diffuse sources Application of EIA and other means of assessment Risk of accidental pollution is minimized

7 Obligations under the Convention Riparian Parties (Part 2) Establish/ harmonise bilateral/multil ateral arrangements (Art. 9(1)) Establish/ harmonise joint bodies (Art. 9(2)) Key mechanisms for implementation of certain provisions at basin/sub-basin levels Consultations (Art. 10) Develop joint standards (Art. 9(2) Waste water emission limits Water quality objectives & criteria Joint action programmes for reducing pollution (Art. 9(2) Joint monitoring & assessment (Art. 11 & Art. 9(2)) Identify, categorise & exchange info on pollution sources Evaluate effectiveness of control programmes/stds Data & Info Exchange (Art. 13) Develop inventories & exchange info on pollution sources Planned measures (Art. 9(2)) EIAs (Art. 9(2)) Common R&D (Art. 12) Warning & Alarm Systems (Art. 9(2) & 14) Mutual Assistance (Art. 15) Public Information (Art. 16)

8 Impacts on the ground The Convention has inspired the development of bilateral and multilateral agreements on almost all transboundary waters in the pan- European region Watercourse related agreements Lake or specific water use agreements Bilateral agreement covering all shared waters

9 Impacts on the ground The Convention has also driven continuous progress on transboundary cooperation: - Promoted the expansion of the scope of cooperation - Fostered the adoption of good practices - Encouraged dealing with emerging issues - Strenghtened national governance - Supported progress at both the technical and political level - Built a bridge between the Western and Eastern parts of the region, harmonization of approaches, approximation to EU legislation - Fostered peace and stability in conflict prone areas - Work at both technical and political level using «broad diplomacy» Watercourse related agreements Lake or specific water use agreements Bilateral agreement covering all shared waters

10 Institutional framework Meeting of the Parties to the Water Convention Implementation Committee Working Group on Integrated Water Resources Management Working Group on Monitoring and Assessment Bureau Legal Board Task Force on Water & Climate Task Force on Water-Food-Energy-Ecosystems Nexus Expert Groups Secretariat (UNECE)

11 Support to implementation through soft law development under the Water Convention Water pollution by hazardous substances (1994) Licensing of wastewater discharges (1996) Monitoring & assessment of rivers & lakes (1996) and groundwaters (2000) Sustainable flood prevention (2000) Safety of pipelines (2006) Model provisions on transboundary flood management (2006) Payments for ecosystem services (2007) Safety of tailing management facilities (2009) Water and adaptation to climate change (2009) Guidance on Water Supply and Sanitation in Extreme Weather Events (2011) Guide to Implementing the Water Convention (2013) Model provisions on transboundary groundwaters (2012) Policy guidance note on identifying, assessing and communicating the benefits of transboundary cooperation (2015)

12 Programme of work for Support to implementation and application Opening, promotion and partnerships Identifying, assessing and communicating the benefits of transboundary water cooperation European Union Water Initiative and National Policy Dialogues Adapting to climate change in transboundary basins Water-food-energy-ecosystems nexus in transboundary basins

13 Supporting benefit assessments to realize the potential value of transboundary water cooperation Transboundary water cooperation generates more benefits than usually perceived: an assessment can provide strong arguments to start, broaden or sustain cooperation A Policy Guidance Note Counting our gains: Identifying, Assessing and Communicating the Benefits of Transboundary Water Cooperation developed (3-year process, more than 120 experts involved, 27 countries represented) Benefits assessment exercises are in the Okavango, the Drina basin, the IGAD region, other countries/basins are considering applying the Guidance Global workshop on benefits assessment planned in February 2018 From improved water management On economic activities Economic benefits Expanded activity and productivity in economic sectors Reduced cost of carrying out productive activities Reduced economic impacts of water-related hazards (floods, droughts) Beyond economic activities Social and environmental benefits Health impacts Employment and reduced poverty impacts Improved access to services (electricity, water supply..) Preservation of cultural resources or recreational opportunities. Avoided/reduced habitat degradation and biodiversity loss From enhanced trust Regional economic cooperation benefits Development of regional markets (for goods, services & labour) Increase in cross-border investments Development transnational infrastructure networks Peace and security benefits Strengthening of international law Increased geopolitical stability Reduced risk and avoided cost of conflict Savings from reduced military spending

14 Strenghts of the Water Convention: 1. Long-term dimension of activities

15 Strengths: 2. Evolution to support implementation based on monitoring of impacts Assessing impacts through regular assessments => a basin in the region involved in the 3rd assessment? Supporting Parties and non-parties through the Implementation Committee Making countries accountable through reporting? => Parties (and non-parties) are providing themselves with more and more tools to increase the Convention s impact

16 Strenghts: 3. The power of international law and of a UN framework The Convention provides the only legal and intergovernmental framework in the UN system on transboundary water cooperation Proven effectiveness Recognition / acceptance / authority Strengthens support to transboundary water cooperation

17 Thank you for your attention! More information including guidelines, publications and information on activities under the Convention can be found at: