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2002: Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Co-operation On The Protection And Sustainable Utilisation Of The Water Resources Of The Incomati And Maputo Watercourses

Related Lineage is: South Africa-Swaziland-Mozambique Rivers
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Co-Operation On The Protection And Sustainable Utilisation Of The Water Resources Of The Incomati And Maputo Watercourses  TITL  TITL 
Src.1  Source:  SRC  SRC 
Pre.1  PREAMBLE  DESC GOAL  DESC GOAL 
Pre.2  The Republic of Mozambique, the Republic of South Africa and the Kingdom of Swaziland (hereinafter jointly referred to as the “Parties”);     
Pre.3  BEARING IN MIND the principles advocated in the Declaration by the Heads of State or Government of Southern African States “Towards the Southern African Development Community” and the Treaty of the Southern African Development Community signed on 17 August 1992 and the Revised Protocol on Shared Watercourses in the Southern African Development Community signed on 7 August 2000;  RELA  RELA 
Pre.4  HAVING RESOLVED to pursue the guidelines established by the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Portugal in regard to Rivers of Mutual Interest and the Cunene River Scheme signed on 13 October 1964, to which the Republic of Mozambique succeeded in 1975 and the Kingdom of Swaziland acceded to in 1967;  RELA  RELA 
Pre.5  MINDFUL of the spirit of co-operation and good understanding reached by the implementation of the Piggs Peak Agreement of 15 February 1991;  RELA  RELA 
Pre.6  TAKING INTO ACCOUNT the modern principles and norms of International Law as reflected in the Convention on the Law of the Non-Navigational Uses of International Watercourses adopted by the General Assembly of the United Nations on 21 May 1997;  RELA  RELA 
Pre.7  CONSCIOUS of the mutual advantages of concluding agreements on co-operation on shared watercourses;     
Pre.8  DETERMINED to co-operate and seek mutually satisfactory solutions for the needs of the Parties towards water protection and to the sustainable utilization and development of the water resources with a view to improving the standard of living of their populations;     
Pre.9  EXPRESSING the common desire to proceed with sustainable development on the basis of Chapter 18 of Agenda 21, adopted by the United Nations Conference on Environment and Development on 14 June 1992;  RELA  RELA 
Pre.10  RECOGNISING that the Parties need to agree on water use in the shared watercourses to enable sustainable development;     
Pre.11  MINDFUL of the fact that good relationships between the people and the governments of the Parties, good neighbourliness and mutual respect, will contribute to the improvement of co-operation on the protection and utilization of waters for the benefit and the welfare of their populations;     
Pre.12  TAKING into consideration the interim nature of this Agreement;     
Pre.13  HEREBY AGREE as follows:     
Art.1  Article 1  DEFN  DEFN 
Art.1.1x  For the purposes of this Agreement the following terms shall have the meanings ascribed to them hereunder:     
Art.1.1x.ax  “catchment” means an area through which any rainfall will drain into the watercourse through surface flow to a common point;     
Art.1.1x.bx  “emergency situation” means a situation that causes or poses an imminent threat of causing serious harm to the Parties and which results suddenly from natural causes, such as torrential rains, floods, landslides or earthquakes, or from human conduct;     
Art.1.1x.cx  “environmental impact assessment” means a national procedure for evaluating the likely impact of a planned measure on the environment;     
Art.1.1x.dx  “impact” means any effect on the environment caused by an activity; such effects on the environment include effects on human health and safety, flora, fauna, soil, air, water, climate, landscape, socio-economic environment or the interaction among these factors and cultural heritage or socio-economic conditions resulting from alterations to these factors;     
Art.1.1x.ex  “Incomati watercourse” means the system of the Incomati River, which includes the tributaries Mazimechopes, Uanetze, Massintonto, Sabie, Crocodile, Komati Rivers and the estuary;     
Art.1.1x.fx  “Maputo watercourse” means the system of the Maputo River, which includes the tributaries Pongola and Usuthu Rivers and the estuary;     
Art.1.1x.gx  “ministers” means Ministers responsible for the water affairs of the Parties;     
Art.1.1x.hx  “ongoing activity” means any activity that would have been subjected to a decision of a competent authority in accordance with an applicable national procedure if it had been a planned measure;     
Art.1.1x.ix  "Piggs Peak Agreement" means the agreement reached at the Tripartite Ministerial Meeting of Ministers Responsible for Water Affairs, signed in Piggs Peak on 15 February 1991;     
Art.1.1x.jx  “planned measure” means any activity or a major change to an ongoing activity subject to a decision of a competent authority in accordance with applicable national procedures;     
Art.1.1x.kx  “pollution” means any detrimental alteration in the composition or quality of the waters of a shared watercourse, which results directly or indirectly from human conduct;     
Art.1.1x.lx  "Protocol" means the Revised Protocol on Shared Watercourses in the Southern African Development Community signed on 7 August 2000 in Windhoek;     
Art.1.1x.mx  “sustainable development” is development which meets the needs of present generations without compromising future generations to meet their own needs;     
Art.1.1x.nx  “TPTC” means the Tripartite Permanent Technical Committee established by the Agreement between the Government of the Republic of South Africa, the Government of the Kingdom of Swaziland and the Government of the People’s Republic of Mozambique relative to the establishment of the Tripartite Permanent Technical Committee, signed in Pretoria on 17 February 1983;     
Art.1.1x.ox  “transboundary impact” means any adverse effect, caused by human conduct, within an area under the jurisdiction of a Party caused by a proposed activity, the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party;     
Art.1.1x.px  “watercourse” means a system of surface and ground waters constituting by virtue of their physical relationship a unitary whole normally flowing into a common terminus such as the sea, lake or aquifer.     
Art.2  Article 2  GOAL  GOAL 
Art.2.1x  This Agreement aims to promote co-operation among the Parties to ensure the protection and sustainable utilisation of the water resources of the Incomati and Maputo watercourses.     
Art.3  Article 3  SUBS  SUBS 
Art.3.1x  For purposes of this Agreement, the general principles of the Protocol shall apply, especially-  RELA  RELA 
Art.3.1x.a  (a) sustainable utilization principle;     
Art.3.1x.b  (b) equitable and reasonable utilisation and participation principle;     
Art.3.1x.c  (c) prevention principle; and     
Art.3.1x.d  (d) co-operation principle.     
Art.4  Article 4  SUBS  SUBS IMPL 
Art.4.1x  The Parties shall, individually and, where appropriate, jointly, develop and adopt technical, legal, administrative and other reasonable measures in order to-  SCIR  SCIR 
Art.4.1x.a  (a) prevent, reduce and control pollution of surface and ground waters, and protect and enhance the quality status of the waters and associated ecosystems for the benefit of present and future generations;     
Art.4.1x.b  (b) prevent, eliminate, mitigate and control transboundary impacts;     
Art.4.1x.c  (c) co-ordinate management plans and planned measures;     
Art.4.1x.d  (d) promote partnership in effective and efficient water use;     
Art.4.1x.e  (e) promote the security of relevant water related infrastructures and prevent accidents;     
Art.4.1x.f  (f) monitor and mitigate the effects of floods and droughts;     
Art.4.1x.g  (g) provide warning of possible floods and implement agreed upon urgent measures during flood situations;     
Art.4.1x.h  (h) establish comparable monitoring systems, methods and procedures;     
Art.4.1x.i  (i) exchange information on the water resources quality and quantity, and the uses of water;  INFO  INFO 
Art.4.1x.j  (j) promote the implementation of this Agreement according to its objectives and defined principles;     
Art.4.1x.k  (k) implement capacity building programmes in accordance with Article 14; and     
Art.4.1x.l  (l) co-operate with the SADC organs and other shared watercourse institutions.    RELA 
Art.5  Article 5  HOBS HOBF  TEXT 
Art.5.1  (1) The joint body for co-operation between the Parties shall be the TPTC.    RELA 
Art.5.2  (2) The TPTC shall exercise the powers established in this Agreement, as well as those conferred by the Parties, in order to pursue the objectives and provisions established herein.    RELA 
Art.5.3  (3) For the purpose of implementation of this Agreement the TPTC shall meet at least twice a year.    RELA 
Art.5.4  (4) The official working languages for the purpose of implementation of this Agreement shall be English and Portuguese.     
Art.5.5  (5) After the entry into force of this Agreement, the TPTC shall adopt, by consensus, rules of procedure which will govern its meetings. Until such rules of procedure are adopted by the TPTC, those contained in the TPTC Agreement shall govern such sessions of the TPTC, taking into account the provisions of subArticles (3) and (4).    RELA 
Art.6  Article 6  SUBS  SUBS 
Art.6.1  (1) The Parties shall, individually and, where appropriate, jointly, protect and preserve the aquatic environment of the Incomati and Maputo watercourses, taking into account generally accepted international rules and standards.     
Art.6.2  (2) The Parties shall, individually and, where appropriate, jointly, take all measures to protect and preserve the ecosystems of the Incomati and Maputo watercourses.     
Art.6.3  (3) The Parties shall take all measures necessary to prevent the introduction of species, alien or new, into the Incomati and Maputo watercourses, which may have effects detrimental to the ecosystems of the watercourses resulting in significant harm to other Parties.     
Art.7  Article 7  SUBS IMPL  SUBS IMPL 
Art.7.1  (1) The Parties shall be entitled, in their respective territories, to optimal and sustainable utilisation of and benefits from the water resources of the Incomati and Maputo watercourses, taking into account the interests of the other Parties concerned, consistent with adequate protection of the watercourses for the benefit of present and future generations.     
Art.7.2  (2) The Parties shall co-ordinate their management activities by-     
Art.7.2.a  (a) the exchange of information on their respective experiences and perspectives; and  INFO  INFO 
Art.7.2.b  (b) the co-ordination of management plans, programmes and measures.     
Art.7.3  (3) In pursuing the objective of this Article, the Parties shall follow the flow regimes stipulated in Annex I as determined according to Article 9.  ATTACH  ATTACH 
Art.7.4  (4) In further pursuance of the objective of this Article the Parties disclose in Annex II their intentions of developing new projects that fall outside the scope of Annex I during the period of validity of this Agreement.  ATTACH  ATTACH 
Art.7.5  (5) The Parties are committed to develop measures towards improvement of efficiency and rational use of water and its conservation and to promote more efficient water use through adopting better available technology.    SCIR 
Art.8  Article 8  SUBS  SUBS IMPL 
Art.8.1  (1) In order to protect and conserve the water resources of the Incomati and Maputo watercourses, the Parties shall, through resolutions adopted by the TPTC, and, when appropriate, through the co-ordination of management plans, programmes and measures, proceed to-    RELA 
Art.8.1.a  (a) endeavour to develop an evolving classification system for the water resources of the Incomati and Maputo watercourses;    SCIR 
Art.8.1.b  (b) classify and state the objectives and criteria in respect of water quality variables to be achieved through the agreed classification system for the water resources;     
Art.8.1.c  (c) adopt a list of substances the introduction of which, into the water resources of the Incomati and Maputo watercourses, is to be prohibited or limited, investigated or monitored;     
Art.8.1.d  (d) adopt techniques and practices to prevent, reduce and control the pollution and environmental degradation of the Incomati and Maputo watercourses that may cause significant harm to the other Parties or to their environment, including human health and safety, or to the use of the waters for any beneficial purpose, or to the living resources of the watercourses; and    SCIR 
Art.8.1.e  (e) implement a regular monitoring programme, including biological and chemical aspects for the Incomati and Maputo watercourses and report, at the intervals established by the TPTC, on the status and trends of the associated aquatic, marine and riparian ecosystems in relation to the water quality of the said watercourses.  SCIR   
Art.8.2  (2) Until such time that water quality objectives and criteria are determined, the Parties shall comply with the provisions of the Resolution of the TPTC on Exchange of Information and Water Quality. The Resolution may be reviewed by the TPTC from time to time.    RELA 
Art.9  Article 9  SUBS  SUBS DESC 
Art.9.1  (1) The agreed flow regime of the Incomati watercourse is contained in Annex I, which complements the flow regime as determined in the Piggs Peak Agreement, and the agreed flow regime of the Maputo watercourse is contained in the same Annex.  ATTACH RELA  ATTACH RELA 
Art.9.2  (2) Any abstraction of waters from the Incomati or Maputo watercourses, regardless of the use or geographic destination of such waters, shall be in conformity with the flow regimes of Annex I and relevant provisions of this Agreement and its Annexes.  ATTACH  ATTACH 
Art.9.3  (3) The Parties have considered the following criteria in establishing the flow regimes contained in Annex I:  ATTACH  ATTACH 
Art.9.3.a  (a) The geographic, hydrological, climatic and other natural characteristics of each watercourse;     
Art.9.3.b  (b) the need to ensure water of sufficient quantity with acceptable quality to sustain the watercourses and their associated ecosystems;     
Art.9.3.c  (c) any present and reasonably foreseeable water requirements, including afforestation;     
Art.9.3.d  (d) existing infrastructure which has the capacity to regulate streamflow of the watercourses; and     
Art.9.3.e  (e) agreements in force among the Parties.     
Art.9.4  (4) The following short to medium term water requirements of each of the Parties are recognised in particular:     
Art.9.4.a  (a) The strategic importance to Mozambique of augmenting the water supplies to the city of Maputo and its metropolitan area from one or both of the Incomati and Maputo watercourses;     
Art.9.4.b  (b) the importance to Swaziland of developing the Lower Usuthu Smallholder Irrigation Project in the Usuthu River catchment; and    RELA 
Art.9.4.c  (c) the importance to South Africa of establishing and developing emerging irrigation farmers in the Incomati River catchment.     
Art.9.5  (5) The additional water requirements of the city of Maputo, for which additional water must be secured, have been reserved in Annex I.  ATTACH  ATTACH 
Art.10  Article 10  SUBS  SUBS 
Art.10.1  (1) The Parties undertake to co-ordinate their actions within six months to one year and to develop measures to mitigate the effects of droughts and floods.     
Art.10.2  (2) The flow regimes of the Incomati and Maputo watercourses during flood and drought periods shall be adjusted in accordance with the measures referred to in subArticle (1).     
Art.10.3  (3) The Parties shall notify each other without delay and by the most expeditious means of any flood danger.    INFO 
Art.10.4  (4) During flood alarm situations, the affected Party may require the other Parties to adopt the measures referred to in subArticle (1) and any other urgent measures agreed upon, which may be deemed necessary.     
Art.10.5  (5) During a drought period, the Parties shall be obliged to manage, in a co-ordinated manner, water storage infrastructure in accordance with the measures referred to in Sub-Articles (1) and (2).     
Art.11  Article 11  SUBS  SUBS IMPL 
Art.11.1  (1) The Parties shall, without delay and by the most expeditious means available, notify other potentially affected Parties, the SADC organs or any other authorized institutions and competent international organisations of any incidents of accidental pollution and other emergency situations originating within their respective territories and shall promptly supply the necessary information to such affected Parties and competent organisations with a view to co-operate in the prevention, mitigation and elimination of the harmful effects of the emergency.  RELA INFO  INFO RELA 
Art.11.2  (2) The Parties shall, individually and, where appropriate, jointly, develop contingency plans for responding to any incidents of accidental pollution and other emergency situations in co-operation, where appropriate, with other potentially affected Parties and competent international organisations, to take immediately all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate the harmful effects of the emergency.     
Art.12  Article 12  SUBS HOBF  IMPL 
Art.12.1  (1) The Parties shall, within the TPTC, exchange available information and data regarding the hydrological, geohydrological, water quality, meteorological and environmental condition of the Incomati and Maputo watercourses to enable planning, development and management of these shared watercourses.  INFO SCIR  RELA INFO 
Art.12.2  (2) The Parties shall exchange data, information and study reports on the activities that are likely to cause significant transboundary impacts.  INFO SCIR  INFO SCIR 
Art.12.3  (3) To enable compliance with subArticle (2), the polluting substances subject to special attention shall be as agreed in the Resolution and regularly reviewed by the TPTC.    RELA 
Art.12.4  (4) The Parties shall exchange information and consult each other and if necessary, negotiate the possible effects of planned measures on the condition of the Incomati and Maputo watercourses. The Parties shall employ their best efforts to collect and where appropriate, to process data and information in a manner, which facilitates its utilisation by the other Party to which it is communicated.  INFO SCIR  INFO SCIR 
Art.12.5  (5) If a Party is requested by another Party to provide data or any information in subArticles (1) and (2), and that information is not readily available, it shall employ its best efforts to comply with the request but may condition its compliance upon payment by the requesting Party of the reasonable costs of collecting and where appropriate processing such data or information.  SCIR  INFO 
Art.12.6  (6) The Parties shall provide one another, at intervals agreed to by the TPTC, information on the use, quantity and quality of the water resources and the ecological state of the Incomati and Maputo watercourses necessary for the implementation of this Agreement.  INFO SCIR  RELA INFO 
Art.12.7  (7) The Parties shall develop the appropriate measures to ensure that the information is homogeneous, compatible and comparable, as agreed by the TPTC.    RELA 
Art.12.8  (8) The Parties shall create the necessary conditions to ensure that, in conformity with applicable domestic law or International Law, information on matters covered by this Agreement is available to whoever makes a reasonable request.  INFO   
Art.13  Article 13  SUBS  IMPL 
Art.13.1  (1) Planned measures listed in Annex II, regardless of their location, that by themselves or by accumulation with the existing ones, have the potential of a significant transboundary impact on the watercourse, shall not commence before the provisions of Article 4(1) of the Protocol are complied with.  ATTACH  ATTACH RELA 
Art.13.2  (2) Whenever, a planned measure, not listed in Annex II, is likely to cause a significant transboundary impact or any of the Parties expresses concern that such may occur, it shall not commence before the provisions of Article 4(1) of the Protocol are complied with.  ATTACH  ATTACH 
Art.13.3  (3) In case of a planned measure involving significant transboundary impact of substantial magnitude the Parties shall conduct an environmental impact assessment, which takes transboundary impact into account in accordance with procedures determined by the TPTC.  SCIR  SCIR RELA 
Art.13.4  (4) Whenever an ongoing activity causes or is likely to cause a significant transboundary impact, which will lead the Party to fail to comply with an obligation under Articles 4, 8 or 9, the national procedures on the subject shall apply and the Parties concerned shall endeavour to address the matter through the co-ordination of management plans, programmes or measures.     
Art.14  Article 14  HOBF SUBS  IMPL 
Art.14.1  (1) The TPTC shall -    RELA 
Art.14.1.a  (a) identify capacity building programmes necessary for the implementation and monitoring of this Agreement; and     
Art.14.1.b  (b) prioritise the capacity building programmes for implementation.     
Art.14.2  (2) The Parties shall, individually and, where appropriate, jointly, be responsible for ensuring that capacity is developed in their respective States and in the shared basins to effectively implement this Agreement.     
Art.15  Article 15  DISP  DISP SBS SBF 
Art.15.1  (1) Any dispute between the Parties concerning the interpretation or implementation of this Agreement shall be settled amicably through consultation and negotiations between the Parties.     
Art.15.2  (2) Where the dispute has not been settled within one year, from the date upon which such negotiations were requested, it may be submitted to arbitration by either Party. If the disputing parties do not agree on the subject matter of the dispute, the arbitral tribunal shall determine the subject matter.     
Art.15.3  (3) The arbitration shall operate according to the following rules:     
Art.15.3.a  (a) The number of arbitrators shall amount to a total of three.     
Art.15.3.b  (b) The Parties initiating the arbitration shall appoint one arbitrator and the other Party or Parties shall appoint one other arbitrator. The aforesaid two arbitrators shall jointly designate a third arbitrator who shall chair the arbitral tribunal.     
Art.15.3.c  (c) The arbitrators shall be appointed within a threemonth period. Should the time limit elapse and any one of the disputing parties have not appointed any arbitrator, the arbitrator shall be appointed by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned appointment shall be made by the President of the International Court of Justice.  RELA  RELA 
Art.15.3.d  (d) In case of a dispute between the arbitrators designated by the disputing parties as to the designation, within two months, of the final arbitrator, the latter shall be designated by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned designation shall be made by the President of the International Court of Justice.  RELA  RELA 
Art.15.3.e  (e) Based on International Law and in particular on the basis of this Agreement, the rules of procedure to be followed by the arbitral tribunal shall be decided by the tribunal, who shall also determine the distribution between the disputing parties of the costs of the arbitration.    RELA 
Art.15.3.f  (f) The arbitral tribunal shall render its decisions in accordance with the provisions of this Agreement and International Law.    RELA 
Art.15.3.g  (g) The arbitral tribunal may, at the request of one of the disputing parties, recommend interim measures of protection.     
Art.15.3.h  (h) Decisions of the arbitral tribunal, both on procedure and substance, shall be taken by a majority vote of its members.     
Art.15.3.i  (i) The arbitral award shall be submitted in writing and shall be signed by all arbitrators.     
Art.15.3.j  (j) The arbitral award shall be final and binding.     
Art.16  Article 16  AMND HOBF   
Art.16.1x  The Annexes are an integral part of this Agreement. Annexes I, II, III, IV and V can be modified by a decision of the Ministers upon recommendation by the TPTC.  ATTACH  ATTACH RELA 
Art.17  Article 17     
Art.17.1x  The stipulations of existing bilateral and trilateral agreements among the Parties concerning the present subject (Annex IV) will remain in force as far as they are not in conflict with this Agreement.  ATTACH SOVR  SOVR ATTACH 
Art.18  Article 18  EIF AMND  EIF DEPO AMND 
Art.18.1  (1) This Agreement shall enter into force on the date of the last notification to the Depositary of this Agreement of the fulfilment of the internal procedure for the conclusion of international agreements.     
Art.18.2  (2) This Agreement shall remain in force until 2010 or until superseded for the relevant watercourse by comprehensive water agreements on the Incomati and Maputo watercourses supported by joint studies, whichever is the earlier. The Parties shall adhere to the time frames set out in Annex V.  ATTACH  ATTACH 
Art.18.3  (3) This Agreement may be amended at any time by mutual consent of the Parties, by an exchange of notes between the Parties through the diplomatic channels. The date of entry into force shall be the date of the last notification.     
Art.19  Article 19  DEPO  DEPO 
Art.19.1  (1) The Republic of Mozambique shall be the Depositary of this Agreement.     
Art.19.2  (2) The Depositary of this Agreement shall perform the following functions:     
Art.19.2.a  (a) Inform the Parties of instruments of ratification, withdrawal or termination or of any other information or declarations relevant to this Agreement;     
Art.19.2.b  (b) inform the Parties of the date of the entry into force of this Agreement;     
Art.19.2.c  (c) register this Agreement with the Secretariat of the United Nations and with the SADC Secretariat; and  RELA  RELA 
Art.19.2.d  (d) send certified copies of the authentic texts of this Agreement and other relevant documents to the Parties.     
Conc.1  IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed and sealed this Agreement in triplicate, in the English and Portuguese languages, all texts being equally authentic.  CONC TEXT  CONC TEXT 
Conc.2  Signed at Johannesburg on this 29th day of the month of August 2002     
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 27 March 2017