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Pre.1 |
PREAMBLE |
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Pre.2 |
The Republic of Mozambique, the Republic of South Africa and the Kingdom of Swaziland (hereinafter jointly referred to as the “Parties”); |
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Pre.3 |
BEARING IN MIND the principles advocated in the Declaration by the Heads of State or Government of Southern African States “Towards the Southern African Development Community” and the Treaty of the Southern African Development Community signed on 17 August 1992 and the Revised Protocol on Shared Watercourses in the Southern African Development Community signed on 7 August 2000; |
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Pre.4 |
HAVING RESOLVED to pursue the guidelines established by the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Portugal in regard to Rivers of Mutual Interest and the Cunene River Scheme signed on 13 October 1964, to which the Republic of Mozambique succeeded in 1975 and the Kingdom of Swaziland acceded to in 1967; |
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Pre.5 |
MINDFUL of the spirit of co-operation and good understanding reached by the implementation of the Piggs Peak Agreement of 15 February 1991; |
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Pre.6 |
TAKING INTO ACCOUNT the modern principles and norms of International Law as reflected in the Convention on the Law of the Non-Navigational Uses of International Watercourses adopted by the General Assembly of the United Nations on 21 May 1997; |
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Pre.7 |
CONSCIOUS of the mutual advantages of concluding agreements on co-operation on shared watercourses; |
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Pre.8 |
DETERMINED to co-operate and seek mutually satisfactory solutions for the needs of the Parties towards water protection and to the sustainable utilization and development of the water resources with a view to improving the standard of living of their populations; |
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Pre.9 |
EXPRESSING the common desire to proceed with sustainable development on the basis of Chapter 18 of Agenda 21, adopted by the United Nations Conference on Environment and Development on 14 June 1992; |
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Pre.10 |
RECOGNISING that the Parties need to agree on water use in the shared watercourses to enable sustainable development; |
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Pre.11 |
MINDFUL of the fact that good relationships between the people and the governments of the Parties, good neighbourliness and mutual respect, will contribute to the improvement of co-operation on the protection and utilization of waters for the benefit and the welfare of their populations; |
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Pre.12 |
TAKING into consideration the interim nature of this Agreement; |
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Pre.13 |
HEREBY AGREE as follows: |
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Art.9 |
Article 9 |
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Art.9.1 |
(1) The agreed flow regime of the Incomati watercourse is contained in Annex I, which complements the flow regime as determined in the Piggs Peak Agreement, and the agreed flow regime of the Maputo watercourse is contained in the same Annex. |
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Art.9.2 |
(2) Any abstraction of waters from the Incomati or Maputo watercourses, regardless of the use or geographic destination of such waters, shall be in conformity with the flow regimes of Annex I and relevant provisions of this Agreement and its Annexes. |
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Art.9.3 |
(3) The Parties have considered the following criteria in establishing the flow regimes contained in Annex I: |
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Art.9.3.a |
(a) The geographic, hydrological, climatic and other natural characteristics of each watercourse; |
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Art.9.3.b |
(b) the need to ensure water of sufficient quantity with acceptable quality to sustain the watercourses and their associated ecosystems; |
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Art.9.3.c |
(c) any present and reasonably foreseeable water requirements, including afforestation; |
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Art.9.3.d |
(d) existing infrastructure which has the capacity to regulate streamflow of the watercourses; and |
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Art.9.3.e |
(e) agreements in force among the Parties. |
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Art.9.4 |
(4) The following short to medium term water requirements of each of the Parties are recognised in particular: |
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Art.9.4.a |
(a) The strategic importance to Mozambique of augmenting the water supplies to the city of Maputo and its metropolitan area from one or both of the Incomati and Maputo watercourses; |
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Art.9.4.b |
(b) the importance to Swaziland of developing the Lower Usuthu Smallholder Irrigation Project in the Usuthu River catchment; and |
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Art.9.4.c |
(c) the importance to South Africa of establishing and developing emerging irrigation farmers in the Incomati River catchment. |
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Art.9.5 |
(5) The additional water requirements of the city of Maputo, for which additional water must be secured, have been reserved in Annex I. |
