Senegal River Basin

Legal Basis:

There are two main agreements governing the Senegal River Basin:
  • The Convention Concerning the Status of the Senegal River (Convention Relative au Statut du Fleuve Sénégal) (“Senegal River Convention”), signed in Nouakchott, Mauritania on 11 March 1972.
  • The Convention Establishing the Organization for the Development of the Senegal River (Convention Portant Création de l’Organisation pour la Mise en Valeur du Fleuve Sénégal) (“OMVS Convention”), signed in Nouakchott, Mauritania on 11 March 1972.
In addition, there have been a number of additional instruments that pertain to the Senegal River Basin. These include the following:

  • The Convention Concluded Between Mali, Mauritania and Senegal Concerning the Legal Status of Common Works, signed in Bamako, Mali on 21 December 1978 (Convention Conclue Entre Le Mali, La Mauritanie et Le Sénégal Relative au Statut Juridique des Ouvrages Communs);
  • The Convention Regarding the Methods of Financing Joint Works, signed in Bamako, Mali on 12 May 1982 (Convention Relative aux Modalités de Financement des Ouvrages Communs);
  • The Draft Framework Agreement for Cooperation between the Republic of Guinea and the OMVS, signed in August 1992 (Protocole d’Accord-Cadre de Coopération entre la République de Guinée et l’OMVS);
  • The Convention Establishing the Agency for the Management and Exploitation of Diama, signed on 7 January 1997 (Convention Portant Création de l’Agence de Gestion et d’Exploitation de Diama);
  • The Convention Establishing the Agency for the Management of Power of Manantali, signed on 7 January 1997 (Convention Portant Création de l’Agence de Gestion de l’Energie de Manantali); and
  • Charter of Senegal River Waters, signed on 28 May 2002 (Charte des Eaux du Fleuve Sénégal).
Member States:

The Member States are Mali, Mauritania, and Senegal. Guinea has observer status.
Geographical Scope:

The Senegal River Basin extends through Mali, Mauritania and Senegal.
Legal Personality:

The Organization for the Development of the Senegal River (“OMVS”) has full legal capacity and the power to enter into contracts, acquire and dispose of property, receive donations, subsidies, legacies and other gifts, request loans, apply for technical assistance, and institute legal proceedings. The Council of Ministers (“Council”) is the legal representative of the OMVS and can delegate the legal authority needed to exercise the aforementioned powers to the High Commissioner. See Organizational Structure.
Functions:

The primary entity for the Senegal River Basin, the OMVS, is charged with: implementing the Senegal River Convention; promoting and coordinating development studies and works on the Senegal River Basin within the Member States; and carrying out all technical and economic functions conferred to it by the Member States. The Conference of Heads of State and Government (“Conference”) is the chief decision-making body and is responsible for setting the general policies of the OMVS.

The Council sets priorities and formulates the policies for managing the Senegal River, developing its resources, and promoting the cooperation of states around the Senegal River. The Council also approves the budget and determines the funding from the Member States. The decisions of the Council are binding on the Member States.

The Office of the High Commissioner implements the decisions of the Council of Ministers. The Office of the High Commissioner is responsible for the administration and staff of the OMVS and exercises the powers delegated to it by the Council of Ministers. It also implements studies and projects relating to hydrology and agriculture, solicits funds for projects, and coordinates the development and exploitation of common works.

The Permanent Water Commission allocates water rights among the Member States and different sectors, including industry, agriculture, and transport.

The Advisory Committee provides advice to the OMVS. The Regional Planning Committee advises the OMVS on the regional development plans of the Member States and their impact on the basin’s resources. The National Offices coordinate with the OMVS in regards to project management and implementation, as well as for activities within the Member States.
Organizational Structure:

As noted above, the OMVS is governed by the Conference. The President of the Conference is elected from its members on a rotating basis for a term of two years. Once a year, the Conference holds an ordinary session. The President or a Member State can also call an extraordinary meeting. The Council is the legal representative and supervisory body of the OMVS, which delegates tasks to the High Commissioner. The President of the Council is elected from its members on a rotating basis for a term of two years. Twice a year, the Council holds ordinary sessions, where attendance by the Member States is mandatory. A Member State can also call an extraordinary meeting. The President represents the Council between its meetings.

The Office of the High Commissioner is the executive body of the OMVS. The High Commissioner is appointed by the Conference to a renewable term of four years. The Office of the High Commissioner represents OMVS and is charged with multiple tasks, including implementing Council directives, organizing and coordinating the exploration of natural resources, project development, financial and budget management, and asset and personnel management.

The Permanent Water Commission, composed of representatives of the Member States, meets at the request of the High Commissioner and advises the Council. The Permanent Water Commission is responsible for defining the principles and modalities of the distribution of water of the Senegal River between the Member States and between certain sectors involved with water use (i.e., industry, agriculture, and transport).

The Advisory Committee is composed of representatives from the Member State governments, financial institutions, and the OMVS. In addition, the Member States each have a National Office, which is represented on the Advisory Committee.

The Council also acts as the “General Assembly” of the SOGED (Société de Gestion et d’Exploitation du Barrage de Diama) and the SOGEM (Société de Gestion de l’Energie de Manantali) – two companies that were created to oversee the Diama and Manantali Dam projects that were constructed on the Senegal River.
Relationships:

The Advisory Committee consists of representatives from governments, financial institutions, and the OVMS. See Organization Structure.
Decision Making:

The decisions of the Conference and the Council are taken unanimously. The decisions are binding on the Member States.
Dispute Resolution:

Any dispute between the Member States regarding the interpretation or application of the relevant Conventions is to be resolved by mediation. If the Member States cannot reach an agreement, the dispute is to be submitted to the Commission of Mediation, Conciliation, and Arbitration of the Organization of African Unity (“Commission”). The Commission’s decisions can be appealed to the International Court of Justice.
Data Information Sharing, Exchange, and Harmonization:

See Notifications.
Notifications:

Any project that is likely to substantially modify the river regime, the state of its water, the biological features of its flora and fauna, its navigability, or the conditions of its agricultural and industrial use can only be executed with the approval of the Member States. Member States, therefore, must provide the OMVS with timely information about any project concerning the development of the river.
Funding and Financing:

The Member States each contribute to the OMVS ordinary budget. The costs and expenses for common works are shared among the Member States in proportion to the benefits received by each Member State from the work. The sharing of costs for common works is to be reassessed periodically. The Convention on the Financing of Common Works provides a framework for methods of financing, such as contributions, loans, and subsidies.
Benefit Sharing:

The Permanent Water Commission allocates water rights among the Member States and different sectors, including industry, agriculture, and transport. See Functions and Organizational Structure.
Compliance and Monitoring:

No specific provision.
Participation and the Role of Multiple Stakeholders:

No specific provision.
Dissolution and Termination:

Any Member State may withdraw from the OMVS or the Convention on the Legal Status of Common Works by written notice. Withdrawal is given effect after acceptable agreements have been made with the other Member States and interested third parties regarding the liquidation of established rights and the discharge of obligations. Any Member State can withdraw from the Senegal River Convention upon the expiration of a period of ninety-nine years from the date in which the Convention came into force by written notice to the government of Mauritania. Withdrawal is given effect six months after notice, but does not affect any existing agreements.

The OMVS can be dissolved upon the request of at least two Member States.
Additional Remarks:

In 1997, the OMVS implemented environmental conservation measures for the Senegal River Basin, such as the Environmental Impact Mitigation and Monitoring Program (“PASIE”) (Program d’Atténuation et de Suivi des Impacts sur l’Environment), in response to the Diama and Manatli Dams.
Websites and References: