Declaration of principles for co-operation among the core parties on water-related matters and new and additional water resources

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Country/entity: Israel
Jordan
Palestine
Region: Middle East and North Africa
Agreement name: Declaration of principles for co-operation among the core parties on water-related matters and new and additional water resources
Date: 13 Feb 1996
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Arab-Israeli Conflicts (1948 - )
This conflict involves Israelis and Palestinians over territory and belonging and has long historical antecedents. The agreements post-1990 are between the Palestinian Liberation Organisation (PLO) and Israel, with some supporting inter-state agreements (i.e. between Israel and Jordan). More recently the importance of the once dominating Palestinian Liberation Organisation (PLO) has diminished not in the least due to the effective disappearance of its left-wing members and the loss of the popularity of their political wing, Fatah. Hamas and other Islamic groups have attained significant relevance in Fatah’s stead, with Hamas controlling the Gaza strip (from which Israel ultimately unilaterally withdrew (not coded as a peace agreement).

Geo-political implications of the conflict have been considerable across the MENA region.
Stage: Framework/substantive - partial
Conflict nature: Territory
Peace process: Israel-Palestine peace process
Parties: Israel, Jordan, PLO
Third parties: Government of Norway facilitated talks
Description: Detailed agreement on water matters - parties agree to cooperate in securing new and additional water sources.

Agreement document: IL_JO Joint Statement on Water.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, 1.2. ... The Core Parties promote public participation in water resources management.

1.4 Cooperation on other water-related matters (legitimation)
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: Entire agmt concerns cooperation on sercuring new and additional water resources

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 3, 1.5. Water Quality and Protection
Water quality standards for various water uses have been adopted by each of the Core Parties; water preservation is an overriding concern, and enforcement powers exist in the hands of competent authorities to prevent water pollution, and to mitigate any negative environmental impacts on them at the expense of the polluters.

Page 5, 2.6. Environmental Management
6.1 All Projects will be based on environmentally-sound principles.
6.2 The Co-operating Parties give preference to those Projects which utilize advanced technological water usage methods.
6.3 Each Co-operating Party is responsible for the protection of the Project against environmental pollution originating within its jurisdiction.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 4, 2. 2. General Principles
2.1 The development of New and Additional Water Resources will not adversely affect the development or utilization of Existing Water Resources.

Page 4, 2.4. Ownership and Utilization
New and Additional Water Resources, developed in joint effort by the Core Parties for the benefit of some or all of them, will be considered as part of their own water resources only to the extent of the share allocated to them.
National economic plan: No specific mention.
Natural resources: [Summary] The whole agreement is focused on sharing of water resources. Clauses not dealing with water sharing are coded as appropriate elsewhere.

Page 6, 1. Co-operation in Specific Sectors
The Parties express their desire to co-operate among themselves and with other interested Parties on the following Other Water-related Matters.
... 1.3 sustainable water-related natural resources management and desertification control;
International funds: No specific mention.
Business: Page 5, 2.5. Technical, Economic and Financial Issues
5.4 The cost to each of the Co-operating Parties of water derived from New and Additional Resources will be based upon the cost of production, operation, maintenance and amortization.

Page 5, 2.5. Technical, Economic and Financial Issues
5.6 Co-operating Parties may, by mutual consent, trade the use of their respective shares of the waters from New and Additional Resources, provided that such trading does not cause harm to the shares allocated to any other Co-operating Parties.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
Page 3, 1.8. Water Charges
Water is not supplied free of charge in any of the Core Parties. Tariff structures, taking into account different extents of cost recovery, apply to domestic, industrial and agricultural sectors. These tariffs are periodically reviewed and adjusted.

Page 5, 2.5. Technical, Economic and Financial Issues
5.5 Water derived from the New and Additional Resources will not be subject to levies on account of conveyance, storage, treatment, or protection in excess of levies which the owner of the project would normally in
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 2, The Core Parties view this Declaration as an expression of:
... • enhancing their water supply, and increasing the efficiency of its use.

Page 3, 1.4. Drought Measures
The Core Parties will take appropriate measures in periods of drought and water scarcity.

Page 3, 1.5. Water Quality and Protection
Water quality standards for various water uses have been adopted by each of the Core Parties; water preservation is an overriding concern, and enforcement powers exist in the hands of competent authorities to prevent water pollution, and to mitigate any negative environmental impacts on them at the expense of the polluters.

Page 5, 2.6. Environmental Management
6.1 All Projects will be based on environmentally-sound principles.
6.2 The Co-operating Parties give preference to those Projects which utilize advanced technological water usage methods.
6.3 Each Co-operating Party is responsible for the protection of the Project against environmental pollution originating within its jurisdiction.

Page 6, 1. Co-operation in Specific Sectors
The Parties express their desire to co-operate among themselves and with other interested Parties on the following Other Water-related Matters.
... 1.2 environmental conservation;
1.3 sustainable water-related natural resources management and desertification control;

Page 6, 2. Proposed Areas of Co-operation
The Core Parties will in due time explore possible co-operation among themselves and with other interested parties in the following areas:
... 2.2 preparation of plans for flood-protection and utilization; with emphasis on development of Early warning Systems
Water or riparian rights or access: [Summary] The whole agreement is focused on sharing of water resources. Clauses not dealing with water sharing are coded as appropriate elsewhere.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3, 1.7. Compliance and Enforcement
Proper sanctions against non-compliance are explicit in the respective legislation of each of the Core Parties. Enforcement of the water legislation is the norm.
Related cases: No specific mention.
Source: http://www.jewishvirtuallibrary.org/jsource/Peace/waterdec.html

Declaration of principles for co-operation among the core parties on water-related matters and new and additional water resources

As part of the Programme adopted by the Multilateral Working Group on water Resources (MWGWR) of the Middle East Peace Process, the Government of Norway has sponsored certain activities of the agenda.

Within this context comparative studies on water Legislation, Institutions and PricingoftheCorePartieswerecommissionedandexecuted.

As an outcome of these studies the Parties, facilitated by the Government of Norway and the Office of Gave/holder, have identified common denominators in their water resources management systems and proclaimed this Declaration on Principles for Co-operation among the Core parties on Water-related Matters and New and Additional Water Resources.

Although the Core Parties in the Middle East Peace Process are considered to be Jordan, Syria, Israel, Lebanon, and the PLO for the benefit of the Palestinian Authority, for the purposes of this Declaration, the term the CorePartiesmeans those Core Parties who are signatories to this Declaration.

The Core Parties agree that this Declaration and the co-operation thereunder will not affect or alter in any form or manner any of the bilateral or other agreements or undertakings among them, nor does it prohibit or constrain any bilateral arrangements, understandings or agreements aimed at enhancing co- operation in water-related matters.

The Core Parties view this Declaration as an expression of:

• The role of the multilateral talks in promoting co-operation and confidence- building in the field of water resources and in the importance of co- operation for the promotion of matters of mutual interest;

• A joint resolve to co-operate among them in the development of New and Additional Water Resources;

• The importance of water resources management on the basis of locally- compatible legal, economic and institutional frameworks and principles;

• The recognition that co-operative efforts among them will facilitate the development of New and Additional Water Resources for their joint benefit;

and

• The ability to co-operate on the basis of the common denominators identified within their respective water management systems.

The Core Parties proclaim as objectives of their co-operation:

• identifying the needs for New and Additional Water Resources;

• identifying potential New and Additional Water Resources and the development thereof;

• combining their co-operative efforts in the development of New and Additional Water Resources;

and

• enhancing their water supply, and increasing the efficiency of its use.

The Declaration consists of three parts, namely:

Common Denominators, Principles ofCo-operationonNewandAdditional'WaterResources,andCo- operation on Other 'Water-related Matters.

Common Denominators

The Core Parties identified and agreed to the following common denominators in their water legislation as a basis for co-operation among themselves:

1 .

Water Resources in Legislation

Their respective water legislations apply to all types of water resources including wastewater and desalinated water.

Ownership and Administration of Water Resources

All water resources of each party are publicly owned and/ or centrally controlled.

They are used for the benefit of their respective societies.

The Core Parties promote public participation in water resources management.

Well-drilling, water production and supply are allowed only by permit or license.

A Central Water Authority/ Government Agency exists in each of the Core parties, and exercises effective control over water resources.

Allocation

Domestic uses occupy the first priority in the allocation of water resources.

Drought Measures

The Core Parties will take appropriate measures in periods of drought and water scarcity.

Water Quality and Protection

Water quality standards for various water uses have been adopted by each of the Core Parties;

water preservation is an overriding concern, and enforcement powers exist in the hands of competent authorities to prevent water pollution, and to mitigate any negative environmental impacts on them at the expense of the polluters.

Data and Record Keeping

Obligations exist, pursuant to the legislation of each Core Party, to measure, monitor and keep proper record of all water production, supplies and consumption.

Compliance and Enforcement

Proper sanctions against non-compliance are explicit in the respective legislation of each of the Core Parties.

Enforcement of the water legislation is the norm.

Water Charges

Water is not supplied free of charge in any of the Core Parties.

Tariff structures, taking into account different extents of cost recovery, apply to domestic, industrial and agricultural sectors.

These tariffs are periodically reviewed and adjusted.

Principles of Co-operation on New and Additional Water Resources

1. Definitions

For the purpose of this Declaration:

1.1 NewandAdditionalwaterResourcesareonlythosepotentialwater resources which are not Existing water Resources, and which are not part of new and additional water resources developed pursuant to bilateral agreements.

1.2 ExistingwaterResourcesaretheindividualresourcesofeachofthe respective parties' renewable, non-renewable and waste water resources.

1.3 Co-operatingPartiesarethoseoftheCoreParties,signatoriestothis Declaration, which actively participate in the development of any specific Project relating to new and additional water resources.

1.4 ANewandAdditionalwaterResource.

Project,hereinaftertheProject, means a project among Co-operating Parties to develop New and Additional Water Resources by specific agreement.

2. General Principles

2.1 The development of New and Additional Water Resources will not adversely affect the development or utilization of Existing Water Resources.

2.2 AllarrangementswithrespecttoNewandAdditionalWater Resources will be limited in time and subject to periodic mutual review.

3. Mechanisms of Co-operation

3.1 Co-operation among the Core Parties will be carried out by their respective water institutions through joint bodies on a ministerial and managerial level to be established, as appropriate, for each respective Parry.

3.2 Each Project requires the consensus of all the Co-operating Parties for implementation.

4. Ownership and Utilization

4.1 New and Additional Water Resources, developed in joint effort by the Core Parties for the benefit of some or all of them, will be considered as part of their own water resources only to the extent of the share allocated to them.

4.2 Details concerning the utilization and ownership will be the subject of separate agreements for each Project.

4.3 Each Core Party can apply its legislation, within its respective jurisdiction, on the share allocated to it by each Project.

5. Technical, Economic and Financial Issues

5.1 Projects will be technically, economically, andfinancially sustainable.

5.2 The Co-operating Parties will carry their respective share of the project

financing including the costs of operation, maintenance, and amortization of the Project.

Due regard will be given to less developed Co-operating Parties, and joint efforts will be made to assist in the obtaining of financing

on favorable terms, provided that no such efforts affect any of the bilateral

door/recipients arrangements or protocols.

5.3 The Co-operating Parties agree to participate jointly in the raising of the

funds needed for the Project implementation and to secure the funds

needed for the operation and maintenance of the new water system.

5.4 The cost to each of the Co-operating Parties of water derived from New

and Additional Resources will be based upon the cost of production,

operation, maintenance and amortization.

5.5 Water derived from the New and Additional Resources will not be

subject to levies on account of conveyance, storage, treatment, or protection in excess of levies which the owner of the project would normally incur.

5.6 Co-operating Parties may, by mutual consent, trade the use of their respective shares of the waters from New and Additional Resources, provided that such trading does not cause harm to the shares allocated to any other Co-operating Parties.

6. Environmental Management

6.1 All Projects will be based on environmentally-sound principles.

6.2 The Co-operating Parties give preference to those Projects which utilize

advanced technological water usage methods.

6.3 Each Co-operating Party is responsible for the protection of the Project

against environmental pollution originating within its jurisdiction.

Water Protection

6.4 Each Co-operating Party is responsible for the prevention of harm to those parts of the Projects under its jurisdiction.

6.5 Such responsibility includes inter alia the preservation of water quality and the prevention of unauthorized withdrawals.

7. Operation and Maintenance

The Co-operating Parties will set the standards for the operation and maintenance of the Projects.

8. Areas of Co-operation

Itis understood that the following potential areas of co-operation in the development of New and Additional Water Resources for the Co- operating Parties will be further studied in order to determine their feasibility:

8.1 acquisition and import of water including the possibility of carrying such waters through existing or new supply systems (wheeling);

8.2 development of desalination plants;

8.3 rainfall enhancement;

and

8.4 Any other relevant area of co-operation.

III Co-operation On Other

Water-related Matters

Co-operation on other water-related matters, although originating among the Core Parties, will be open to regional and extra-regional parties of the Multilateral working Group on Water Resources.

I. Co-operation in Specific Sectors

The Parties express their desire to co-operate among themselves and with other

interested Parties on the following Other Water-related Matters.

1.1 weather forecasting, climatology, weather modification, and

meteorology,

1.2 environmental conservation;

1.3 sustainable water-related natural resources

management and desertification control;

1.4 1.5

2 .

enhancement of public awareness and participation;

and Human resources development.

Proposed Areas of Co-operation

The Core Parties will in due time explore possible co-operation among themselves and with other interested parties in the following areas:

2.1 collection, filing, processing, transmission and exchange of water data and related information;

2.2 preparation of plans for flood-protection and utilization;

with emphasis on development of Early warning Systems,

2.3 development of norms, standards and specifications for water devices, equipment and infrastructure,

2.4 transfer and adoption of advanced technology throughout

the chains of water storage, conveyance and application, including

automation and controls of water systems;

particularly related to

reduction of crop water requirements;

2.5 water-energy interactions, with emphasis on desalination;

2.6 establishment of a Regional Research Centre;

and

2.7 Identification of ways to achieve optimal use of water in the

agricultural sector.

3. Mechanism of Co-operation

3.1 The Co-operating Parties will decide on the mechanism of their co- operation on other water-related matters set out in this section.

3.2 All decisions with respect to co-operation on Other Water-Related Matters will be adopted by consensus.

4. Specific Co-operation

4.1 The Core Parties agree to hold Regional Seminars on various water- related matters.

4.2 The Core Parties agree to publish the results of their co- operation in a Regional Publication.

5. Extended Co-operation

The Co-operating Parties may by consensus agree to include additional water- related matters in their co-operation.