A Model for African Shared Water Resources: The Senegal River Legal System

• DOI: http://doi.org/10.1111/reel.12071
• Published date: 01 April 2014
• Author: Makane Moïse Mbengue
• Date: 01 April 2014

A Model for African Shared Water Resources: The

Senegal River Legal System

Makane Moïse Mbengue

Twenty-five years ago, the late B.A. Godana stressed

that despite the gap between, on the one hand, the vast

number of African international drainage basins and

their potential for socio-economic development of the

States and, on the other hand, the dearth of interna-

tional regulations governing water resources, it was

noteworthy that the achievements in terms of coopera-

tion were impressive. More than any other African

river, the Senegal has been characterized and gov-

erned by the most progressive and articulated legal

regime. The leitmotif since the inception of this legal

regime has been to engage in an experiment that not

only follows the most advanced concepts of integrated

water resources management, but may also offer

lessons in cooperation at the global level. Therefore,

the legal architecture to foster cooperation over the

management of the Senegal has influenced the devel-

opment of the law of international watercourses in

Africa.

INTRODUCTION

Among African rivers, the Senegal has been character-

ized and governed by the most pioneering, progressive

and articulated legal regime. Since the inception of this

legal regime, its leitmotif has been to ‘engage in an

experiment in international organization that is not

only following the most advanced concepts of inte-

grated river basin development, but which may also

afford a lesson in cooperation on a broad scale’.1It is

because of this nature that the legal architecture

designed to foster cooperation over the management of

the Senegal has influenced the development of the law

of international watercourses in Africa.

This article will show that the development of the legal

regime of the Senegal River has been a success story in

Africa. That success story is mainly due to its pioneer-

ing and progressive character. Several new legal expe-

riences in the field of water resources management in

Africa took place first in the context of the Senegal River

basin. For instance, the Senegal was the first African

river for which a treaty governing common works (e.g.,

dams) was elaborated. In the same vein, the very first

Water Charter in Africa was signed in the context of the

Senegal River basin. Despite the need for improving

sustainable development in the Senegal River basin, it

is undeniable that in the specific context of African

watercourses, the legal regime of the river has ensured

effective and efficient cooperation among the riparian

States, even in times of conflict between some of them.2

The omnipresence of water diplomacy is by itself evi-

dence of success. The literature has quite often focused

on economic or purely environmental indicators to

determine whether African river basin organizations

have achieved effective management of water

resources.3This article argues instead that the degree of

water diplomacy should be the main indicator in deter-

mining whether a legal regime has succeeded in gov-

erning the management and use of water resources.

The Senegal River4is the second most important river

in West Africa after the Niger. It measures 1,800 km,5

has a surface area of about 300,000 km2,6and spreads

over four countries: Guinea, Mali, Mauritania and

Senegal. Prior to their independence, Mauritania and

Senegal were cradled into the waters of cooperation

through bodies such as the Organisation Autonome de

la Vallée (OAV) and the Mission d’Aménagement du

1T. Parnall and A.E. Utton, ‘The Senegal Valley Authority: A Unique

Experiment in International River Basin Planning’, 51:2 Indiana Law

Journal (1976), 237. See also M.J. Vick, ‘The Senegal River Basin: A

Retrospective and Prospective Look at the Legal Regime’, 46:1

Natural Resources Journal (2006), 211, at 211: ‘In 1972, the states of

Mali, Mauritania and Senegal formed the Organization for the Devel-

opment of the River Senegal, which has been lauded as the most

progressive of river institutions.’

2M. Kipping, ‘Water Security in the Senegal River Basin: Water

Cooperation and Water Conf‌licts’, in: H.G. Brauch et al. (eds.),

Facing Global Environmental Change: Environmental, Human,

Energy, Food, Health and Water Security Concepts (Springer, 2009),

675.

3F.J.G. Padt and J.C. Sanches, ‘Creating New Spaces for Sustain-

able Water Management in the Senegal River Basin’, 53:2 Natural

Resources Journal (2013), 265.

4Some authors consider that it would be more appropriate to speak

about the ‘Senegal Rivers’ since the Senegal is the result of the

meeting of two separate rivers, the Baf‌ing and the Bakoye. See, e.g.,

B.A. Godana, Africa’s Shared Water Resources: Legal and Institu-

tional Aspects of the Nile, Niger and Senegal River Systems (Frances

Pinter/Lynne Rienner, 1985), at 91. See also M.J. Vick, n. 1 above, at

211 and 216–219.

5The three longest rivers in Africa are the Nile (5,611 km), the Congo

(4,650 km) and the Niger (4,200 km). See B.A. Godana, n. 4 above.

6See <http://www.omvs.org/fr/f‌leuve/physique.php>.

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Review of European Community & International Environmental Law

RECIEL 23 (1) 2014. ISSN 2050-0386 DOI: 10.1111/reel.12071

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