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[

] 93

T

ransboundary

W

ater

M

anagement

Convention on the Law of Non-Navigational Uses of

International Watercourses, the Ramsar Convention,

the United Nations Framework Convention on

Climate Change and the United Nations Convention

on Biological Diversity. Furthermore, it is also a

signatory to two international agreements on the

shared management of Lake Tanganyika and the

Kariba Dam on the Zambezi river. Lack of provi-

sion for the management of international waters in

the 1949 Water Act created a dilemma for Zambia

over whether to sign the Zambezi Watercourse

Management Commission (ZamCom) agreement in

2004. As such, Zambia needed to consult its stake-

holders before signing the agreement. However, as

part of the efforts to facilitate benefit sharing in the

Zambezi River Basin, Zambia embarked on water

sector reforms. Technical cooperation in the Zambezi

River Basin also exists among the large hydropower

dam operators and government institutions through

the Joint Operations Technical Committee involving

Zambia, Zimbabwe and Mozambique. Furthermore,

frequent droughts and floods have brought in another

dimension of technical cooperation on hydrological

data exchange between Zambia and Mozambique.

Two key government ministries are directly

involved in Zambia’s water sector reforms. One is the

Ministry of Mines, Energy and Water Development

which is currently responsible for water, under which

the Department of Water Affairs (DWA) has been

performing water resources management functions.

The other is the Ministry of Local Government and

Housing (MLGH), under which the Department of

Housing and Infrastructure Development (DHID) is

responsible for water supply and sanitation functions.

In the early 1970s, the Government of the Republic

of Zambia (GRZ) initiated a dialogue on water sector

reforms. Three key reports were prepared:

• the DWA report on the proposed Zambia National

Water Authority (July 1979)

• the report by Zambia Industrial and Mining

Corporation on the establishment of the proposed

National Water Authority (1985)

• the report by the Ministry of Decentralization

on the Reorganization Study of the Water and

Sanitation Sector in Zambia (1988).

However, it was not until 1994 that GRZ officially

embarked on the implementation of the water sector

reforms with regard to policy formulation, re-examin-

ing the legal and institutional framework and bringing

it in line with modern principles of water governance

and other pieces of legislation.

The first National Water Policy was adopted in 1994,

primarily to guide the restructuring of the water sector

with a focus on the water supply and sanitation subsec-

tor. Hence, water supply and sanitation functions were

transferred from the ministry responsible for water to the

MLGH. This was followed by major achievements in the

development of the legal and institutional framework,

framework, secondary data, reports, publications, key informant

interviews and presentations shared at the Sub-Saharan Africa Water

Sector Reform Consultative Meeting organized by the Republic

of Zambia in Lusaka in June 2013. A further examination of the

water sector reform process in Zambia, with respect to the existing

regional and international water resources management instru-

ments, will enable an evaluation of how these have influenced and

shaped the water sector reforms.

Until October 2012, the Water Act Cap 198 of 1949 was the

principal act for the allocation of surface water resources through

the system of water rights. The major constraints of this law were

that it did not elaborate on sustainable water resource manage-

ment practices and never provided for groundwater regulation

and international water resource management. However, at the

regional and international levels, Zambia has been a signatory to a

number of international treaties related to the water sector. These

include the Southern African Development Community (SADC)

revised protocol on shared watercourses, the United Nations

Major river system in Zambia

Zambezi

Kafue

Luangwa

Chambeshi-Luapula

Tanganyika

Population distribution (%)

23.72

39.98

18.3

16.88

1.13

Population of Zambia’s major river systems

Source: Modified after JICA Report, 1995

The six catchments in Zambia

DEMOCRATIC REPUBLIC

OF CONGO

ANGOLA

Kwando

ZAMBEZI

Zambezi

Kaoma

Sioma

Ngwezi N.P.

NAMIBIA BOTSWANA

Livingstone

ZIMBABWE

ZAMBIA

KAFUE

Kafue N.P.

Kabwe

Lusaka

LUANGWA

CHAMBESHI

LUAPULA

TANGANYIKA

Ndola

Luanshya

Mufulira

Chingola

Lumbumbashi

Mwinilunga

Kolwezi

Likasi

Vila do Zumbo

MOZAMBIQUE

MALAWI

Muchinga Mountains

Luapula

L. Mweru

L. Tanganyika TANZANIA

Chambeshi

L. Bangweulu

L. Kariba

National Parks

International boundary

Roads

Source: National Water Policy, 2010