Adapting to Change in Transboundary Rivers: An Analysis of Treaty Flexibility on the Orange-Senqu River Basin

Abstract

Continuously changing patterns of water flow and utilization in the Orange-Senqu River basin hamper effective management of shared water resources, and the international agreements and institutions established for this basin must be equipped to recognize and respond to such changes. A review of international agreements and in-depth interviews with water managers throughout the Orange-Senqu basin, reveal a variety of flexibility mechanisms embedded within the existing treaties. Key to the process of adaptation are the broad institutional mandates that enable existing Commissions to recognize the need for change over time and advise the parties to adapt accordingly. While the existing institutions in the Orange-Senqu basin are young and have not been fully tested, the treaties do not restrict the adaptive capacity of the parties to manage water resources.

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“…Management practices here include agreements on water conservation, reuse and desalination programmes, and interbasin transfer schemes that relieve water stress in the region. A key factor in the success of these management practices is the flexibility of the treaties themselves, which have been adaptable to gradual and sudden changes in shared basins and "incorporate mechanisms allowing parties to adjust management practices to changing circumstances" (Kistin & Ashton, 2008). ORASECOM has also benefited from strong linkages with international cooperating partners, including the World Bank, the African Development Bank, 2014, UNDP, UNEP, the EU and several bilateral donors.…”

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“…They also suggest more innovative solutions, such as rainwater harvesting, desalination, cloud seeding, water storage in underground reservoirs, and the development of salt tolerant crops to make use of brackish water and, alternatively, solutions that reduce the demand for water, such as reducing leaks and evaporation, improving efficiency of irrigation, and recycling of water. Some of these measures are already being implemented in African river basins, for example, in the Nile basin (Conway, 2005) and Orange basin (Kistin & Ashton, 2008), although actions may not be specifically taken to deal with climate change risks. Where water resource management decisions are taken without considering possible future climate change impacts, then maladaptation may result, as vulnerabilities to future climate change are increased.…”

“…Different institutional arrangements accompany these treaties. Some provide flexibility mechanisms or transboundary institutions that could assist adaptation, whilst others have conditions that may limit adaptation (Fischhendler, 2004;Drieschova et al, 2008;Kistin & Ashton, 2008). Some river basin institutions, for example the Lake Chad Basin Commission and the Orange-Senqu River Basin Commission, have expanded their remit to include transboundary groundwater resources as well as surface water (Scheumann & Alker, 2009).…”

“…Adaptations based on demand management are likely to be particularly important in these water-scarce basins. In southern Africa, adaptations to water scarcity also involve inter-basin transfers of water, and more of these are contemplated for the future, for example between the Orange, Limpopo and Zambezi river basins (Kistin & Ashton, 2008).…”

“…There are several important regional institutions, such as the Southern African Development Community (SADC) and the East African Community (EAC), that have a remit that includes transboundary resource management amongst other goals of political, economic and environmental cooperation and regional integration (Wirkus & Böge, 2006). In SADC these goals are implemented through the SADC Protocol on Shared Water Resources (Kistin & Ashton, 2008). Several African river basins have a river basin organisation as well as a number of bilateral or multilateral agreements, for example the Senegal, Niger, Lake Chad, Okavango, Limpopo, Orange and Zambezi basins (UNECA, 2000;Wirkus & Böge, 2006).…”