Zimbabwe: Parly Approves Seven Water Treaties for Ratification, Accession

In a landmark development, Parliament recently approved seven water treaties for ratification and accession.

The motion was moved by the Justice and Parliamentary Affairs, Minister Ziyambi Ziyambi on behalf of the Minister of Lands, Agriculture, Fisheries, Water and Rural Development Anxious Jongwe Masuka.

The Head of Government business in Parliament presented the motions in both houses: National Assembly and Senate, where all the motions sailed smoothly.

In the upper house (Senate) he moved the first motion after which he contextualised the ratification of treaties.

The process is that the international agreements have to come through Parliament for ratification and then they become law.

What does the approval mean for Zimbabwe?

Section 327 of the constitution states that an international treaty which has been concluded or executed by the President or under the President's authority does not bind Zimbabwe until it has been approved by Parliament.

This means that although Zimbabwe signed five agreements with her Riparians, the agreements have no force until Parliament approves them. In other words, the obligations imposed by the agreements are of no effect until Parliament gives a nod.

Approval of international agreements is one of the oversight functions of Parliament.

Now that Parliament has approved the agreements, Zimbabwe has the obligation to fulfil and carry out the stipulations contained in the agreements. In other words, Zimbabwe is now bound by the agreements.

Before Parliament debated the motions, three civil society organisations namely Zimbabwe Environmental Law Association (ZELA), International Union for Conservation of Nature (IUCN) and Institute for Law, Democracy and Development (LDD) issued a supporting statement.

"We the undersigned civil society organisations acknowledge and applaud the Government for the critical steps that it has initiated to accede to the two global water conventions and call on the Parliament and Government of Zimbabwe to respectively and expeditiously approve and accept the two conventions."

This is a welcome development to see Government and civil society speaking with one voice on this important resource -- water.

Environmental lawyer, Mr Shamiso Mtisi said this was a strategic move by Zimbabwe which "allows the country to benefit from a legal, environmental and economic development perspective as well as tapping into water sector investment opportunities and institutional capacity building as the country re-engages with the international community".

Water, Climate and Development specialist Professor Jeff Camkin, sent his congratulatory message on LinkedIn; "Great news. Congratulations and best wishes for the next steps."

Buzi, Pungwe and Save (BUPUSA) Commission interim executive secretary, Mr Elisha Madamombe said: "The transboundary agreements are very much aligned to the global water conventions. These agreements take into account issues to do with equitable and reasonable utilisation, taking caution to avoid significant harm to water and related ecosystems, ensuring that the environment is considered a legitimate water user and dispute resolution."

Mr Davison Saruchera from IUCN at the recent meeting between Zimbabwe and Mozambique said, "We are excited about the ratification by Parliament of the key water agreements, helping the achievement of water security and development targets between the riparians."

The benefits of these treaties are conflict prevention, promotion of peace and regional stability, improved water resources governance at both national and transboundary levels, prevention of significant harm to water bodies and protection of the environment and ecosystems.

Other benefits include equitable and reasonable utilisation of transboundary water resources, climate change adaptation and decreased risk of disasters like droughts and floods.

The establishment of joint mechanisms to manage water resources, regular exchange of data and information on shared watercourses, addressing intersectional trade-offs and tensions are also of benefit.

The treaties will also ensure economic development, facilitating access to financing for water projects with particular focus on nature, people and climate, supporting achievement of Vision 2030 and sustainable development goals, support by the Community of Parties and promotion of regional economic integration.

Parliament has already issued the certificates of ratification and accession.

The Attorney General's Office has also examined the draft Cabinet minutes, the minister's memorandum and instruments of ratification and accession.

The documents are now before the President for signing.

This will be followed by depositing same with the depositories.

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