Lake Tanganyika

Legal Basis:

The Convention on the Sustainable Management of Lake Tanganyika (the “Convention”) was adopted in Dar es Salaam, Tanzania on 12 June 2003. The Convention entered into force in 2005, after the second instrument of ratification was deposited.
Member States:

The Contracting States of the Convention are Burundi, the Democratic Republic of Congo (the “DRC”), Tanzania, and Zambia. In November 2007, the DRC became the last of the Contracting States to ratify the Convention.
Geographical Scope:

Lake Tanganyika is located in Africa’s Western Great Rift Valley. The lake is divided between the four Contracting States, with the DRC and Tanzania possessing the majority of the lake’s area. Lake Tanganyika is the world’s longest lake, the second largest freshwater lake by volume (18,940 km3), and the second deepest (1,470 m). Article 3 specifies that the Convention applies to Lake Tanganyika and to its “Basin” in the Contracting States, which is defined as the geographical area bounded by the watershed limits of Lake Tanganyika. The Convention also applies to “activities, aircraft and vessels under the control of a Contracting State to the extent that these activities or the operation of such aircraft or vessels result or are likely to result in an adverse impact.”
Legal Personality:

The Contracting States established the Lake Tanganyika Authority (the “Authority”) with international legal personality and the legal capacity necessary to perform its functions and mission. The Executive Director represents the Authority in the exercise of its legal personality.
Organizational Structure:

The Convention established the Authority as the implementing body of the Convention. The Authority consists of the Conference of Ministers (the “Conference”), the Management Committee, and the Secretariat. The Conference is the supreme body of the Authority and consists of one Minister from each Contacting State. The Conference meets at least once a year, or as it otherwise decides, to adopt financial rules and determine the financial obligations of the Contracting States under the Convention, and to evaluate the implementation of the Convention. For those purposes, the Conference may adopt protocols or amendments to the Convention. Beyond specifying that each Contracting State shall have one vote, the Convention grants the Conference discretion to develop its own procedural rules. The first meeting of the Conference was held in Dar es Salaam, Tanzania, on 5 April 2007, and the second in Bujumbura, Burundi, on 24 – 25 April 2008.

The Management Committee is responsible for supporting, coordinating, and monitoring the implementation of the Convention, including by: implementing the policies and decisions of the Conference; providing scientific and technical advice to the Conference; preparing a strategic action program for Lake Tanganyika for approval by the Conference; supervising the implementation of the strategic action program and proposing necessary revisions; proposing protocols, annexes, or amendments to the Convention for approval by the Conference; negotiating with donors; monitoring the implementation of the Convention; supervising the Secretariat; and undertaking any other tasks identified by the Conference. The Management Committee consists of three members appointed by each Contracting State, with the appointees possessing relevant expertise concerning the sustainable management of the Lake Basin and the implementation of the strategic action program. Decisions are made on a consensus basis, or by a two thirds’ majority vote at the next meeting if a consensus could not be reached on an issue. The Executive Director of the Secretariat serves as the secretary of the Management Committee, but has no right to vote.

The Secretariat is the executive organ of the Authority. It consists of an Executive Director and a Deputy Executive Director, both of whom are appointed by the Conference, as well as any other staff required for its operation. The Executive Director is the chief executive officer of the Authority, answerable to the Management Committee, and represents the Authority in the exercise of its legal personality. The Secretariat’s functions include: carrying out the tasks assigned to it by the Management Committee or by any protocol; providing technical and scientific services and advice; performing necessary financial and administrative services; formulating annual work programs and budgets for the Lake Tanganyika Authority; preparing plans, projects, assessments, reports and the like as required by the Management Committee; obtaining and disseminating information relevant to the implementation of the Convention to the Contracting States; maintaining databases of information; arranging and supporting meetings of the Conference of Ministers and of the Management Committee; reporting on the execution of its functions to the Management Committee; and performing any other functions determined by the Conference.

The Management Committee is assisted in the performance of its functions by Technical Committees that are responsible for advising the Committee on: socioeconomic aspects of the sustainable management of the Lake; fisheries management; biological diversity; and water quality. The Management Committee may also establish further committees with the consent of the Conference.

In 2009, the Government of Burundi committed to house the Authority headquarters, and to provide diplomatic immunity, legal protection, and freedom of press to its members.
Functions:

The Convention has the primary objective of “ensur[ing] the protection and conservation of the biological diversity and the sustainable use of the natural resources of Lake Tanganyika and its Basin by the Contracting States on the basis of integrated and co-operative management.” To that end, the Convention aims to facilitate the “development and implementation of harmonized laws and standards concerning the management of Lake Tanganyika and its Basin.” The Convention addresses several aspects of the lake’s management, including:
  • Sustainable fisheries management:
    • Article 7 directs the Contracting States to establish a framework fisheries management plan, to develop and implement harmonized national fisheries policies and regulations, and to promote community participation in fisheries management;
  • Prevention and control of pollution:
    • Article 8 requires the Contracting States to construct pollution reduction installations, to prevent waste disposal in the lake, and to develop legal, administrative, and technical measures for pollution reduction;
  • Prevention of sedimentation:
    • Article 9 directs the Contracting States to take necessary legal, administrative, and technical measures to prevent excessive sedimentation from deforestation, land degradation, wetlands destruction, and other causes;
  • Conservation of biological diversity:
    • Article 10 requires the Contracting States to take appropriate legal, administrative, and technical measures to conserve biological diversity and to prevent and control exotic species in the Lake Basin;
  • Protection and utilization of genetic and biochemical resources:
    • Article 11 obligates the Contracting States to cooperate in protecting and controlling access to genetic and biochemical resources in the Lake and its Basin and to share, in a fair and equitable way, the utilization of those resources;
  • Navigation:
    • Article 12 directs the Contracting States to take steps to ensure freedom of navigation on the lake and to prevent pollution from lake vessels; and
  • Environmental impact assessment:
    • Article 15 sets forth environmental impact assessment procedures to be followed by the Contracting States to avoid and minimize adverse impacts on the Lake and its Basin from proposed projects, policies, plans, programs, and other activities.
In addition to setting forth certain actions and responsibilities to be taken in those areas of lake management, the Convention directs the Contracting States to prepare a Strategic Action Program elaborating the specific measures to be taken by the Contracting States to achieve the Convention’s objectives. Establishing mechanisms for facilitating cooperative management in general—which are discussed under Organizational Structure and Data Information Sharing, Exchange, and Harmonization—is another significant function of the Convention.
Relationships:

Article 37 specifies that the Convention “shall not affect the right of any Contracting States to implement, by bilateral or multilateral agreement where appropriate, more stringent measures than those of this Convention provided that such measures are not in conflict with this Convention.” The Convention also includes specific references to two existing agreements. It provides that the Contracting States shall “develop harmonized national fisheries policies based on the relevant principles set out in the Code of Conduct for Responsible Fisheries adopted by the Conference of the Food and Agriculture Organization of the United Nations.” It also directs the Contracting States to share in the utilization of the genetic and biochemical resources of the Lake and its Basin in accordance with the Convention on Biological Diversity.

Article 24(6) provides for the African Union, the United Nations, and their specialized agencies to be represented as observers at meetings of the Conference of Ministers. The Convention also provides for other states and non-governmental organizations to be represented as observers.

Notable partner organizations of the Authority include the United Nations Development Programme (“UNDP”), the Global Environment Facility (“GEF”), the African Development Bank (“AfDB”), the Food and Agriculture Organization of the United Naitons (“FAO”), the International Union for Conservation of Nature (“IUCN”), the Nordic Development Fund, and the World Bank.
Decision Making:

Article 34 sets forth the procedure for the Contracting States to adopt additional protocols or annexes to the Convention. It provides that decisions under any protocol shall be taken only by the parties to the protocol concerned. Article 36 concerns amendment of the Convention and its protocols. It provides that the Contracting States shall attempt to reach consensus on proposed amendments, but allows for amendments to be adopted by majority vote if efforts to reach consensus fail, in which case the amendment shall be submitted to all the Contracting States for ratification, acceptance or approval. The amendment will enter into force after the deposit of the second instrument of ratification, acceptance, approval or accession.

For more information on decision making within the Authority, see also Organizational Structure.
Dispute Resolution:

Dispute settlement is governed by Article 29 of the Convention. It provides that in the case of a dispute between Contracting States concerning the interpretation or implementation of the Convention, the Contracting States involved shall notify the Secretariat of the dispute and attempt to resolve it through negotiation. If the dispute persists, the Contracting States shall agree on a dispute resolution procedure, which may include: (1) jointly seeking mediation by a third party; (2) impartial fact-finding in accordance with the provisions of Annex III; or (3) arbitration in accordance with the procedure laid down in Annex IV. Article 29 does not appear to assure resolution of disputes. While arbitration is a form of binding dispute resolution, States are not obligated to agree on such a binding procedure, and may instead only agree to a form of non-binding dispute resolution, such as mediation or fact-finding.
Data Information Sharing, Exchange, and Harmonization:

Article 19 directs the Contracting States to provide the public with “adequate information . . . concerning the state of the Lake Basin, planned development activities, measures taken or planned to be taken to prevent, control and reduce adverse impacts, and the effectiveness of those measures.” For that purpose, the Contracting States are obligated to make information available concerning: water and environmental quality objectives; compliance with permits; notifications concerning proposed activities likely to have trans-boundary adverse impacts; and environmental impact assessment reports concerning such activities. Article 20 addresses information exchange between the Contracting States, directing them to exchange data and information concerning sustainable management of the Lake Basin and the implementation of the Convention. Contracting States are also directed to employ “best efforts” to provide data or information that is requested, but not readily available. The Convention additionally obligates the Contracting States to report periodically to the Authority on certain measures relevant to the environmental management of the Lake Basin and the implementation of the Convention.

Article 21 specifies that the Convention shall not affect the established rights or obligations of Contracting States to protect personal information, intellectual property, and confidential information. It also directs the Contracting States to respect the confidentiality of confidential information they receive.
Notifications:

Under Article 14, the Contracting States are obligated to notify the other Contracting States, through the Secretariat, of any planned activities—including policies, plans, or programs—that are likely to give rise to transboundary adverse impacts.
Funding and Financing:

The Convention specifies that the Contracting States are responsible for funding activities related to implementation of the Convention that are undertaken within their territory or for their exclusive benefit. However, the Convention also provides for cost-sharing. The Authority—which is funded by equal contributions of the Contracting States, and any external funding that can be obtained —is charged with funding the incremental costs to each Contracting State of managing the Lake Basin. The Authority also funds activities undertaken to implement the strategic action program that benefit more than one of the Contracting States. The Convention also directs the Conference of Ministers to adopt financial rules “to determine, in particular, the financial obligations under the present Convention and protocols to which they are parties.”
Benefit Sharing:

The Convention refers to benefit sharing with local communities and between the Contracting States. Under General Principles, the Convention establishes the “principle of fair and equitable benefit sharing by virtue of which local communities are entitled to share in the benefits derived from local natural resources.” In addition, the Contracting States are required to cooperate in order “to share in a fair and equitable way the results of research and development and the benefits arising from the utilization of the genetic and biochemical resources of the Lake and its Basin in accordance with the Convention on Biological Diversity.”
Compliance and Monitoring:

The Contracting States are required to monitor the effectiveness of the Strategic Action Program. They are also obligated to report on their efforts to monitor and enforce the legal and administrative measures they take under the Convention, including with regard to environmental impact management and fisheries conservation and management. With regard to environmental impact assessment of specific projects and activities, the Contracting States are directed to “monitor compliance with and enforce any conditions in development consents or other authorizations that were imposed for the purpose of protecting the Lake Basin.” Monitoring implementation of the Convention is the responsibility of the Management Committee. To that end, the Management Committee is empowered to commission studies and assessments to monitor the Convention’s effectiveness. It is also responsible for monitoring the Secretariat’s execution of its annual work program. For its part, the Secretariat is required to report on its own performance, and to regularly obtain information relevant to the implementation of the Convention and to ensure that the information is disseminated to all of the Contracting States.
Participation and the Role of Multiple Stakeholders:

The Convention also provides for public participation in the decision making processes. Under Article 17, the Contracting States are required to adopt measures to ensure that the public, particularly individuals and communities living within the Lake Basin, have the right to participate in decision-making processes that affect them, including the environmental impact assessment process, and are given the opportunity to submit oral or written representations before a final decision is made. To support that objective, the environmental impact assessments required by the Convention must convey “[t]he results of any consultations with the public, interested and affected persons, communities, organizations, and government agencies in the course of conducting the environmental impact assessment.” Additionally, the Contracting States must provide appeal or review procedures to enable the public to challenge decisions by a public body authorizing “an activity that is likely to give rise to an adverse impact.”
Dissolution and Termination:

The Contracting States may withdraw from the Convention at any time after three years from the date of its entry by giving written notice to the Depositary. A withdrawal takes effect one year after the notification of withdrawal is received by the Depositary.
Additional Remarks:

N/A
Websites and References: