Therefore, although the development of a national policy and strategy is the
prerogative of each Member State, the SADC Water Sector should create an
enabling environment, and offer guidance and support to Member States in
ensuring alignment with the Regional Policy and Strategy, as well as
harmonisation of water policies and strategies between watercourse States
involved in cooperative management of shared watercourses.
3.4.2. Policy: National water policy and legislation shall take into account any
international and regional conventions, protocols and policies accepted and/or
already adopted by the Member States.
Member States‟ policy and legislation needs to incorporate and give effect to
the principles enshrined in the SADC Protocol (amongst others), in order to
support the cooperative and integrated management of shared watercourses.
Where appropriate, these policies and legislation should reflect other relevant
international water conventions and treaties, as well as some that go beyond the
water sector to include customary international law.
3.5
Conflict Management in Water Resources Management
3.5.1. Policy: Member States shall pursue all avenues of amicable prevention
and resolution of conflicts in water resources development and management in
accordance with the principles enshrined in the SADC Treaty
Article 4 of the SADC Treaty outlines the principles for conflict management,
highlighting the need to avoid conflict and settle disputes amicably. An
important consideration in avoiding conflict is to ensure that all parties develop
a mutual understanding of the issues, including dissemination and sharing of
available information. This understanding may be promoted through the
development of SWCIs, and particularly through the regional economic and
social integration underlying the SADC Treaty.
In order to facilitate conflict management in the region, it may be necessary to
build capacities in relevant institutions at national and regional levels through
training workshops on negotiation, conflict resolution, and to improve
information sharing.
3.5.2. Policy: Where amicable resolution cannot be achieved, conciliation,
mediation and arbitration mechanisms should be pursued, with use of the SADC
Tribunal or other recognised international arbitration structures only as the
last resort
The SADC Treaty provides guidance on the resolution of disputes that cannot
be managed amicably. In this case, conciliation and mediation approaches are
preferred, with arbitration through formal structures being the last option to be
pursued.
- 20 -