Development of a Convention for the Sustainable Management of Lake Tanganyika By Benoit BIHAMIRIZA...
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Transcript of Development of a Convention for the Sustainable Management of Lake Tanganyika By Benoit BIHAMIRIZA...
Development of a Convention for the Sustainable Management of Lake Tanganyika
By Benoit BIHAMIRIZA
Director Legal Affairs, Treaties and Disputes
Ministry of Foreign Affairs and Cooperation
Burundi
Why a Convention?
• Lake Tanganyika is special
• Lake Tanganyika is threatened
• Existing national legislation regarding the lake is inadequate
• A convention provides the necessary rights, responsibilities, institutions and framework in international law which compels the countries to cooperate in the management of Lake Tanganyika
Objectives of the Convention
• Create a binding legal framework
• Establish institutions for implementing the Convention
• Set up the mechanisms for the implementation of the Strategic Action Programme
• Establish procedures for settling disputes
What does the Convention contain?
• Preamble: the parties reaffirm the unique quality of Lake Tanganyika’s biodiversity and decide to negotiate a convention to protect it.
• article 1: usage of terms
• articles 2-3: objectives and scope of the convention
• articles 4-12: obligations of Parties
• articles 13-21: establish the mechanisms for implementing the convention.
What does the Convention contain?(Continued 1)
• articles 23-27: establish the institutions of the convention, detailing their functions and attributes
• article 28: establishes the financing mechanisms of the Lake Tanganyika Management Authority
• articles 29-31: provide mechanisms for settling disputes, establishing liability and determining the right to appeal
What does the Convention contain? (Continued 2)
• articles 33-44: regulate various procedural matters including: voting, convention protocol, amendments and the relationship with other international instruments and national laws
• Annex I: provides procedures for the evaluation of environmental impact
• Annex II: provides a list of dangerous activities for the lake environment
What does the Convention contain? (Continued 3)
• Annex III-IV: state the procedures for settling disputes in case the process of negotiation and mediation outlined in article 29 fails
Steps Already Taken...
• Regional Legal Workshop
Lusaka, February 1998
• Anglophone Legal Workshop
Dar es Salaam, August 1999
• Francophone Legal Workshop
Arusha, September 1999
Steps Already Taken…(Continued)
• Regional Legal Workshop
Arusha, November 1999
at which the four delegations agreed on a harmonized text
• Regional Steering Committee
Lusaka, May 2000
at which the harmonized text was adopted and recommended for transmission to the four governments
for consideration
Remaining Steps...
• National consultations
• Negotiations between the riparian countries
• Establishment of Interim Lake Management Authority
• Signature and ratification
For these steps to be realized, there is need for:
– Support from the Planning Unit
– Financial Support from Donors
– Riparian countries to maintain momentum