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UNESCO-IHPAdvocacy PaperTransboundaryWater Cooperationand theSustainableDevelopment GoalsFrancesco SindicoDirector, Strathclyde Centrefor Environmental Law and Governance

This paper is authored by Francesco Sindico,Director, Strathclyde Centre forEnvironmental Law and Governance,Scotland, United Kingdom(Francesco.sindico@strath.ac.uk)The author would like to thank Mallory Ormefor her research assistance.Published by the United Nations Educational,Scientific and Cultural Organization7, place de Fontenoy, 75352 Paris 07 SP, France UNESCO 2016This publication is available in Open Access under the Attribution-ShareAlike3.0 IGO (CC-BY-SA 3.0 IGO) license /). By using the content of this publication, the users acceptto be bound by the terms of use of the UNESCO Open Access -use-ccbysa-en).The designations employed and the presentation of material throughout thispublication do not imply the expression of any opinion whatsoever on the partof UNESCO concerning the legal status of any country, territory, city or areaor of its authorities, or concerning the delimitation of its frontiers orboundaries.The ideas and opinions expressed in this publication are those of the authors;they are not necessarily those of UNESCO and do not commit theOrganization.Graphic design: UNESCO-IHPPrinted by UNESCOPrinted in France2016/SC/HYD/SDGs-1

TransboundaryWater Cooperationand theSustainableDevelopmentFrancesco SindicoDirector, Strathclyde Centrefor Environmental Law and Governance

Table of contentsList of acronymsList of Figures and TablesExecutive Summary . 11Introduction . 32Transboundary Water Cooperation and the Five Key Sustainable DevelopmentGoals Themes . 52.1 Transboundary Waters . 62.2 Transboundary Waters and the Five Ps of Sustainable Development . 73Water and Sanitation for Sustainable Development . 103.1 SDG 6 . 103.2 Links between SDG 6 and other SDGs . 113.3 SDGs are integral and indivisible . 184The Case for Transboundary Water Cooperation and Sustainable Development . 204.1 IWRM and transboundary water cooperation . 214.2 Links between Target 6.5 and other SDG 6 targets . 224.3 Links between IWRM and other SDGs. 234.4 Links between transboundary water cooperation and other SDGs . 264.5 Sustainable Development requires Transboundary Water Cooperation . 325The Case for retaining a strong indicator for Transboundary Water . 345.1 A case for two indicators for target 6.5 . 345.2 Suggested indicator 6.5.2 (current and revised formulation) . 355.3 Monitoring the revised indicator 6.5.2. 376Conclusion . 40

List of AcronymsIAEG-SDGsInter-agency and Expert Group on Sustainable Development GoalIndicatorsISARMInternational Shared Aquifer Resource ManagementIWRMIntegrated Water Resource ManagementMDGsMillennium Development GoalsSDGsSustainable Development GoalsUNUnited NationsUNECEUnited Nations Economic Commission for EuropeUNESCOIHPUnited Nations Educational, Scientific and Cultural Organization International Hydrological ProgrammeUNFCCCUnited Nations Framework Convention on Climate ChangeUNILCUnited Nations International Law CommissionUNWCUnited Nations Watercourses ConventionList of Figures and TablesFigure 1Quantity of direct and indirect links between SDG 6targets and other SDGsp. 16Table 1Goals and targets which link to SDG 6 targetsp. 17Table 2Goals and targets which link to SDG 6 targets andIWRMp. 23Table 3Links between IWRM and SDG 6 targetsp. 24Table 4Table 5Table 6Table 7Associations between SDG 6 targets, other SDGs, andp. 24IWRMSDG 6 targets and levels of access between IWRM andp. 24transboundary water cooperationTarget 6.5 (transboundary cooperation) and linksp. 30between SDG 6 and other SDGsProposed indicators for SDG 6, target 6.5p. 36

Executive SummaryThe last several years have seen a discernible shift in global priorities towardsadvancing the concept of sustainable development. In particular the establishmentof the post-2015 development agenda and the 17 Sustainable Development Goals(SDGs) by the UN General Assembly points towards an integrated plan towardstackling global challenges. The goals seek to protect and improve five key areas ofthe world including people, planet, prosperity, peace and partnership. The intent ofthis paper is to emphasize the vital role that transboundary water cooperation playsin global development, and to map out the relationship that this cooperation haswith the other goals.Existing and emerging rules and institutions have been developed in internationallaw to minimise, and where possible halt, negative consequences stemming frompoor management of transboundary waters. SDG 6 provides for an importantspotlight on improving water and sanitation, however for the context of globaldevelopment it is crucial for water management to be interpreted and actionablycombined with the other relevant SDGs, rather than curtailed as an individual entity.From direct linkages to indirect references, transboundary water cooperation isintrinsically connected to several other principles of sustainable developmentreflected in the goals and targets, including environment, energy, and food amongstothers, and therefore must be viewed as an integral piece of global watermanagement.Furthermore, target 6.5 requires a set of two indicators in order to fully capture theimportance of both integrated water resources management (IWRM) andtransboundary water cooperation in the implementation of the SDGs. It is paramountthat an indicator is retained solely for the transboundary water cooperation elementembedded in target 6.5. This paper advocates for an indicator that should be broadenough to reward also cooperative frameworks aimed at developing a sound systemof exchange of information, and not only fully fledged IWRM systems. This isparticularly important in the context of transboundary aquifers governance, wheremany of the cooperative frameworks being discussed are at a very initial stage. Theindicator can be reviewed throughout the implementation of the SDGs, especially inrelation to the quantity and quality of the information that needs to be exchanged inorder to meet the indicator. UNESCO-IHP and UNECE can play an important role,together with other members of UN Water, in monitoring this much neededindicator.Transboundary Water Cooperation and the Sustainable Development Goals1

2Transboundary Water Cooperation and the Sustainable Development Goals

1IntroductionIn September 2015 the UN General Assembly adopted Resolution 70/1 titled“Transforming our world: the 2030 Agenda for Sustainable Development”. 1 ThisResolution formally ended negotiations that had started back in 2012 following theUnited Nations Conference on Sustainable Development, also known as the Rio 20Conference. The latter’s final output, The Future We Want, 2 launched anintergovernmental process aimed at agreeing a set of Sustainable DevelopmentGoals (SDGs) that were to be achieved by 2030.3 As a result 17 SDGs have beenadopted together with 169 targets. As stated by the Resolution itself:“This is an Agenda of unprecedented scope and significance. It is accepted byall countries and is applicable to all, taking into account different nationalrealities, capacities and levels of development and respecting national policiesand priorities. These are universal goals and targets which involve the entireworld, developed and developing countries alike. They are integrated andindivisible and balance the three dimensions of sustainable development.”4Sustainable management of water and sanitation for all has found its way in thisAgenda through SDG 6. Target 6.5 refers to the need to implement integrated waterresources management (IWRM) and to the need of including a transboundarydimension.Against this background, this paper argues that sustainable development isinherently linked to, and requires, transboundary water cooperation. In the contextof the implementation of the SDGs this leads to a twofold implication: firstly, thattransboundary water cooperation should inform the implementation of other SDGsand targets therein; secondly, the implementation of the SDGs requires also anindicator capable of capturing the transboundary water cooperation elementembedded in target 6.5.1‘Transforming our world: the 2030 Agenda for Sustainable Development’ (2015) A/RES/70/1 United NationsSustainable Development Knowledge Platform nsformingourworld/publication 2‘The Future We Want: Outcome Document Adopted at Rio 20’ (2012) A/RES/66/288 United NationsConference on Sustainable Development 10/PDF/N1147610.pdf?OpenElement .3The intergovernmental negotiations were led by the Open Working Group of the General Assembly onSustainable Development Goals4A/RES/70/1, note 1 above, para 5.Transboundary Water Cooperation and the Sustainable Development Goals3

The paper reaches this twofold conclusion through the following analysis. Insection 2 it highlights how transboundary waters are relevant for all five of the keycrosscutting areas present in the SDGs. The paper then tackles the relationshipbetween water and sanitation and sustainable development by highlighting the linksbetween SDG 6 and the other SDGs finding that there are at least 31 direct andindirect references to water and sanitation in the SDGs. This mapping exercise iscompleted in section 4 of this paper where a case for transboundary watercooperation in the context of sustainable development is made. A study of therelationship between target 6.5 and the other targets in the stand-alone SDG onwater and sanitation is combined with an analysis of how target 6.5 is also relevantand informs other SDGs and targets therein. Of the 31 previously identified links, atleast 21 are enhanced if a cross-border dimension is present, hence calling fortransboundary water cooperation. The latter is also required for two further SDGs,where a link with target 6.5 can be found. This mapping exercise leads to section 5in which a clear case for retaining an ad-hoc indicator on transboundary watercooperation is presented along with the indicator focusing solely on IWRM.4Transboundary Water Cooperation and the Sustainable Development Goals

Transboundary Water Cooperationand the Five Key SustainableDevelopment Goals Themes2Key Messages Sustainable development cannot be achieved withouttransboundary water cooperation.Existing and emerging rules and institutions seek to halt andminimise the negative consequences of poor transboundarywater management.Transboundary water cooperation is critical in meeting all five ofthe key areas which the SDGs intend to stimulate over the next15 years (people, planet, prosperity, peace and partnership).It is not surprising that, with all members of the international community (190 andmore States) involved in negotiating the goals that should be achieved by 2030 inorder to meet sustainable development, we have ended up with a considerablenumber of SDGs and targets. Compared to the Millennium Development Goals(MDGs), 5 the negotiations have been even more complex since the SDGs areapplicable to all, developed and developing countries alike, even if in theirimplementation countries will tailor their plans to their national circumstances.Within such a complex scenario it would be unrealistic to say that one SDG, or thatone specific aspect of an SDG, is more important than others, or is the silver bulletthat will lead to sustainable development in an easier way than others. However, it isimportant that no important SDG, that no important aspect for sustainabledevelopment, is left behind in the implementation of the SDGs. This paper makesthe case that transboundary water cooperation is one of these important aspects.5‘United Nations Millennium Declaration’ (2000) A/RES/552 UN General Assembly resolution 39 Transboundary Water Cooperation and the Sustainable Development Goals5

2.1 Transboundary WatersTransboundary water cooperation is important for sustainable developmentbecause of the scale of transboundary waters per se and because of theconsequences of water’s mismanagement.Almost half of the world’s land surface can be found in a transboundary river or lakebasin.6 40% of the world’s population lives in transboundary rivers and lake basins,7and more than 90% lives in countries that share basins.8 276 transboundary surfacewater basins and 592 transboundary aquifers have been identified. 9 For thepurposes of this paper the term transboundary waters will be used to refersimultaneously to transboundary surface water basins and transboundary aquifers,despite the fact that they are not the same natural resource, especially from ahydrogeological perspective.If transboundary waters are not managed properly, countries (and people andstakeholders therein) can suffer dire consequences. In a nutshell, water andgroundwater overexploitation can lead to severe water availability problemsincreasing stress on already water scarce countries. Industry and land use can leadalso to water and groundwater pollution leading to environmental degradation andenvironmental health problems. When overexploitation and pollution occur in atransboundary context, this can lead to significant harm for a country that has notused the water source, or impacted thereon. In the case of a transboundary river,the downstream State may be affected negatively by pollution coming from theupstream country that has allowed for a chemical plant to operate on the banks ofthe river. Similarly, the construction of a large scale dam for hydropower in anupstream State could reduce water availability in the downstream State. In the caseof a transboundary aquifer, over pumping of groundwater on one side of the borderfor large scale farming may impact negatively the availability of groundwater on theother side of the border. These are just some examples of possible harm occurringfrom mismanagement of transboundary waters.Against this background, international rules have been established, or are emerging,in order to minimise and, where possible, avert completely the likelihood ofsignificant harm occurring in the relationships between countries sharingtransboundary waters. Transboundary surface waters are, in this sense, moredeveloped than transboundary aquifers with bilateral and regional agreements6‘Transboundary Waters’ (UN Water, 7 October 2014) en/ accessed 28 January 2016.7Transboundary Waters, see supra note 68Ibid9‘Transboundary Aquifers of the World Map’ (UNESCO lnternational Groundwater Resources AssessmentCentre, IGRAC) http://www.un-igrac.org/tbamap accessed 27 January 2016.6Transboundary Water Cooperation and the Sustainable Development Goals

having been in place in some cases for more than 100 years. 10 More than 400agreements have been adopted to govern transboundary rivers and lakes,11 and,furthermore, States now have a general framework under International Lawapplicable to the non-navigational uses of transboundary rivers and lakes in theform of the United Nations Watercourses Convention (UNWC).12 In addition to theUNWC, there is a plethora of regional transboundary water agreements,13 with one(the United Nations Economic Commission on Europe (UNECE) Water Convention)14having the potential of opening itself to the entire international community. On thecontrary, international rules devoted specifically to transboundary aquifers are still intheir infancy. Only a small number of transboundary aquifers have developed adhoc legal and institutional governing arrangements.15 Furthermore, the emerging setof international guidelines on transboundary aquifers, the UN International LawCommission (UNILC) Draft Articles on the Law of Transboundary Aquifers,16 havebeen annexed to a UN General Assembly Resolution, but have not led to aninternational treaty, as was the case with the UNWC. Considering that there are 592transboundary aquifers worldwide17 and that 97% of available global freshwater isstored underground, the importance of transboundary aquifer cooperation in thecontext of transboundary water cooperation should be self-evident.The paper will now highlight how transboundary waters, and transboundary watercooperation, are inherently linked to sustainable development by focusing first onthe five key cross cutting areas present in the SDGs: people, planet, prosperity,peace and partnerships.2.2 Transboundary Waters and the Five Ps of Sustainable DevelopmentThe preamble of the “Transforming Our World: the 2030 Agenda for SustainableDevelopment” UN General Assembly Resolution maintains that “The Goals andtargets will stimulate action over the next 15 years in areas of critical importance for10Pieter Huisman, Joost de Jong and Koos Wieriks, ‘Transboundary Cooperation in Shared River Basins:Experiences from the Rhine, Meuse and North Sea’ (2000) 2 Water Policy 83.11‘International Law: Facilitating Transboundary Water Cooperation’ (Global Water Partnership 2013) 02013/GWP%20Policy%20Brief TEC%2017 FINAL.pdf accessed 27 January 2016.12Convention on the Law of the Non-Navigational Uses of International Watercourses, signed in New York on21 May 1997, entered into force on 17 August 2014.13Revised Protocol on Shared Watercourses in the Southern African Development Community (Windhoek, 7August 2000; in force 22 September 2003) and the Agreement on the Cooperation for the sustainableDevelopment of the Mekong River Basin, signed in Chiang Rai on 5 April 1995.14UNECE Convention on the Protection and Use of Transboundary Watercourses and Lakes, signed in Helsinkion 17 March 1992, entered into force on 6 October 1996.15Robert G Varady, Christopher A Scott and Sharon B Megdal, ‘Transboundary Aquifer Institutions, Policies,and Governance: A Preliminary Inquiry’ [2010] Udall Center for Studies in Public Policy.16International Law Commission Draft Articles on the Law of Transboundary Aquifers (UNGA ResolutionA/RES/63/124, 11 December 2008.17IGRAC, supra note 9.Transboundary Water Cooperation and the Sustainable Development Goals7

humanity and the planet.” Transboundary waters are relevant for each one of thesefive important and cross cutting areas: people, planet, prosperity, peace andpartnerships.People: “We are determined to end poverty and hunger, in all their forms anddimensions, and to ensure that all human beings can fulfil their potential in dignityand equality and in a healthy environment”.Transboundary waters are crucial for the people because water is a key componentof food security and of sustainable agriculture. Both are needed to end hunger and,if water availability or water quality is hindered because of lack of transboundarywater cooperation, people will suffer. Furthermore, transboundary waters are part ofthe global environment and cooperation is required to keep the environmenthealthy.Planet: “We are determined to protect the planet from degradation, includingthrough sustainable consumption and production, sustainably managing its naturalresources and taking urgent action on climate change, so that it can support theneeds of the present and future generations”.Transboundary waters are relevant for the planet since good water governance iscrucial for a sustainable and resilient planet. The sustainable management of waterresources, considered as one the means to protect the planet, requires consideringalso the transboundary dimension, since action across the borders can hinderdomestic natural resources management. Transboundary water cooperation is,hence, crucial for the protection of the planet.Prosperity: “We are determined to ensure that all human beings can enjoyprosperous and fulfilling lives and that economic, social and technological progressoccurs in harmony with nature.”Transboundary waters are a key component of prosperity, and have been so sincethe early days in history. Wherever water was found, be it a spring or a river,civilisations flourished. Development and progress needs to be in harmony withnature and transboundary waters are part of such an equation. If the“transboundary” element is mismanaged or forgotten altogether prosperity will beundermined.8Transboundary Water Cooperation and the Sustainable Development Goals

Peace “We are determined to foster peaceful, just and inclusive societies, which arefree from fear and violence. There can be no sustainable development withoutpeace and no peace without sustainable development.”Transboundary waters should be seen as drivers for peace. Unfortunately this is notalways the case, and water is often considered to be a trigger for conflict. But thereis little empirical evidence that competition over water is the main or only cause fortension. The management of water, especially when it crosses borders, can be akey driver for cooperation. Transboundary water cooperation can, hence, be acrucial element for peace in the context of sustainable development.Partnership “We are determined to mobilise the means required to implement thisAgenda through a revitalized Global Partnership for Sustainable Development,based on a spirit of strengthened global solidarity, focused in particular on the needsof the poorest and most vulnerable and with the participation of all countries, allstakeholders and all people.”Transboundary water can be milestones of partnerships. There are good practicesin which countries have created sophisticated examples of cooperation that can bereplicated in the context of transboundary water cooperation for sustainabledevelopment.Transboundary waters, and transboundary water cooperation in particular, arepresent in the five key areas that the SDGs will stimulate action over in the next 15years. This can be said for many other specific SDGs and targets, but it is importantto highlight that transboundary water cooperation is no exception. Furthermore,despite the limits and difficulties inherent in any transboundary cooperationpractice, if water (surface water and groundwater alike) are not considered at bothscales, domestic and transboundary, people, planet, prosperity, peace andpartnerships will all suffer.Transboundary Water Cooperation and the Sustainable Development Goals9

3Water and Sanitationfor Sustainable DevelopmentKey messages SDG 6 provides a much needed focus on water and sanitation.In addition to SDG 6, there are 31 direct and indirect referencesto water and sanitation in at least 11 other SDGs.The ubiquity of these references demonstrates the centrality ofwater and sanitation for the implementation of the rest of theSDGs.For this reason, it is necessary to consider the SDGs in anintegral manner for their implementation.The previous section of this paper has clarified the importance of transboundarywaters for sustainable development as a whole. This section focuses on the standalone SDG on water and sanitation and on whether links can be establishedbetween SDG 6 and other SDGs. It identifies up to 31 direct and indirect referencesto water and sanitation in other SDGs and concludes emphasizing that all SDGsneed to be understood and interpreted together. As a consequence SDGs are to beconsidered as truly integral and indivisible, especially in their implementation.3.1 SDG 6SDG 6 reads as follows: “Ensure availability and sustainable management of waterand sanitation for all.” This SDG provides a much needed focus on water andsanitation as a key element of sustainable development. A cursory analysis of thisSDG reveals that it incorporates many recent developments in international waterpolicy. Targets 6.1 and 6.2 bring into the SDG human rights language byemphasizing the need to achieve by 2030 access to water and sanitation for all. It isimportant to highlight that in both cases the SDG does not refer to free water orsanitation. In relation to drinking water, access to the latter should be universal andequitable, and the water itself should be safe and affordable. In what refers to10Transboundary Water Cooperation and the Sustainable Development Goals

sanitation, access to it has no qualification, while sanitation itself should beadequate and equitable.18Targets 6.3 and 6.4 refer to those situations that can lead to significant harm shouldwater resources (both surface and groundwater) be mismanaged. Target 6.3 refersto water quality and addresses the need to reduce pollution in particular from therelease of hazardous chemicals. Target 6.4 presents the other risk stemming fromwater mismanagement, which arises when stakeholders over-exploit the naturalresource. In this case the SDG aims to address water scarcity.Target 6.5 will be addressed in greater depth later in this paper and refers to theneed “to implement IWRM at all levels, including through transboundarycooperation as appropriate”.19 Target 6.6 highlights the need to consider water andgroundwater dependent ecosystems and act accordingly to restore suchecosystems.Targets 6.a and 6.b refer to means of implementation of the SDG and focus on theneed to transfer finance to developing countries in order to deploy sustainablewater management capacity and technology. Target 6.b highlights the need toinclude and support local communities in the water and sanitation management.What follows is a cursory overview of how SDG 6 as a whole relates to the otherSDGs.3.2 Links between SDG 6 and other SDGsDue to the overwhelming importance of water for a healthy life and for developmentmore generally it should not come as a surprise that water and sanitation aredirectly or indirectly present in most SDGs. This sub-section will map thisrelationship and classify the links as direct when water and/or sanitation are directlyreferred to in the targets of a specific SDG, or indirect if water and sanitation can beimplied from the SDG itself or its targets. In both cases the consequence is thatSDG 6 must be also considered in the implementation of other SDGs and that waterand sanitation goals must inform the implementation of specific SDGs.3.2.1 Direct references to water and sanitationSDG 3: Ensure healthy lives and promote well-being for all at all agesThis SDG is one in which the relationship between water and sanitation andsustainable development is the clearest. Targets 6.1 and 6.2 are clearly linked withtargets 3.1 and 3.2 as without proper access to clean water and adequate18The plethora of adjectives and qualifications should clarify the need for clear indicators that can be properlymeasured and reported. A discussion on SDG 6 indicators will come later in this paper in section 5.19See section 4.Transboundary Water Cooperation and the Sustainable Development Goals11

sanitation there will be increased maternal mortality and deaths of newborns andchildren. Target 3.3 makes a direct reference by advocating the end of water-bornediseases by 2030. Target 3.9 also makes a further direct reference linking withtarget 6.3 making a case to “substantially reduce by 2030 the number of deaths andillnesses from water pollution and contamination.” In other words, themismanagement of water and sanitation can lead not only to serious environmentalharm, but also to irreparable environmental health hazards. In order for these to beaddressed in the context of SDGs, the implementation of SDG 3 and SDG 6 need tobe harmonised.SDG 12: Ensure sustainable consumption and production patternsTarget 12.4 mandates to “significantly reduce the release of [chemicals and allwastes] to water in order to minimise their adverse impacts on human health andthe environment.” This target links closely with target 6.3 which addresses waterquality and deals with pollution. In order for 6.3 to be implemented a change inconsumption and production patterns needs to take place, highlighting how oneSDG cannot be met without the other. Target 12.6 promotes sustainable practicesand the integration and disclosure of sustainability information into their reportingpractices. This can be almost seen as a way to encourage a higher degree ofcorporate social responsibility, which will be important for water intensive sectors,along the lines of the mining sector or the brewing industry.SDG 15: Protect, restore and promote sustainable use of terrestrial ecosystems,sustainably manage forests, combat desertification, and halt and reverse landdegradation and halt biodiversity lossSDG 15 is probably the SDG that has clearest and most direct links with SDG 6 as awhole. The links are not only with water quality and water scarcity, but with thewider need to manage water resources appropriately through an IWRM approach.Starting with target 15.1, this could have possibly sat quite comfortably in SDG 6itself. The target reads as follows:“By 2020, ensure

completed in section 4 of this paper where a case for transboundary water cooperation in the context of sustainable development is made. A study of the relationship between target 6.5 and the other targets in the stand-alone SDG on water and sanitation is combined with an ana

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