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A Matter of Survival



           as on the adequacy of the legal arrangements and technical   role in the promotion of citizen diplomacy involving companies
           sophistication and expertise in water issues. However, the   at the national level, in cooperation with civil society groups.
           primary importance of transparency in decision making and the
           efforts to resolve the relevant tensions and disputes must be   Regional Arrangements and Inclusion of the
           fully appreciated.                                 Business Sector

                                                              A  more  complex  approach  is  usually  required  where  two  or
           Stakeholders Cooperating – A Voluntary Code        more  countries  in  a  geographic  region  are  involved  in  water
           of Conduct                                         management. The basic need in this context is to engage in
                                                              water  management  in  a  systemic  way,  both  at  the  basin  and
           The existing experience in water governance varies among   ecosystem level, which reinforces the fundamental importance
           countries and is rarely expressed in a single document. However,   of  transboundary  water  cooperation.  It  is  necessary  to  apply
           there are exceptions. An example of a good practice took place   the basic principles of International Water Law and to design
           recently in Mongolia where the International Finance Corporation   appropriate financial mechanisms with  the aim of developing
           (IFC) convened the largest mining companies, active in the   transboundary water cooperation systems and infrastructures,
           country and facilitated the adoption of the Voluntary Code of   as discussed in earlier chapters. At the same time, lessons
           Practice (VCP) on Water Management in February 2016.   learned in internal, country-specific inter-sectoral cooperation
                                                              discussed in the preceding paragraphs of this chapter should be
           The Code starts with the commitment of  the parties  to act   taken into account.
           transparently and with accountability, to comply with national
           law and international standards and to engage with local   In addition, there are several specific opportunities resulting
           communities proactively and inclusively. Furthermore, the   from  the  necessary  cooperation  between  governments  and
           VCP committed the parties to an effective water resource   businesses in the context of transboundary water cooperation.
           management and conservation, to maintain or improve access   In such situations, business diplomacy should complement
           by the local population to water resources and to support local   hydro-diplomacy carried out by governments and people’s
           water infrastructure and services.                 diplomacy involving civil society. A particularly important
                                                              aspect of communication between businesses and governments
           The VCP could serve as a conceptual framework for dealing with   relates to the relevant data and information about water where
           inter-sectoral issues in mining and in other environmentally-  businesses could be of great value to governments. Obviously,
           sensitive industries in comparable situations in other regions of   companies generally pursue their interests and plans and, above
           the world.                                         all their profit motive, but companies active in the water sector
                                                              have to be socially responsible and this is particularly the case
           The voluntary nature of the Code deserves special attention –   when they are engaged in transboundary water cooperation.
           as a guiding principle that can serve a variety of international
           actors as well as business companies in their efforts to develop   Many businesses such as hydropower companies often have
           socially responsible business practices. In addition, international   more and better hydrological data than state entities. Sharing
           development banks should consider using the principles in the   this data with state and other actors in the effort to improve
           VCP as parts of their conditionalities.            transboundary water cooperation could contribute substantially
                                                              to the overall improvement of transboundary water systems.
           At the global level, the UN Secretary-General launched a Global   Engagement of companies with governments could make these
           Compact  in 2000, a  set of  guiding  principles for  business   businesses more aware of political sensitivities and the conflict
           operations involving improved respect for human rights, labor   potential around water. This, in turn, increases the safety of their
           standards and environmental concerns. The Global Compact   investments and long-term profitability.
           gradually involved several tens of thousands of businesses
           worldwide, around a set of voluntary principles that include   A specific instrument of inter-sectoral cooperation that has
           labor standards, protection of the environment and respect for   been promoted recently is the creation of water funds to which
           human rights.                                      companies contribute. The objective of these funds, established
                                                              in several Latin American countries, is to provide investment for
           The Global Compact includes a CEO Water Mandate, recognizing   basin protection and the sustainable use of water, increase water
           the importance of water issues in business operations.   production or contribute to payment for ecosystem services.
           The Compact, a voluntary mechanism without an intrusive   This type of instrument is worthy of government attention and
           monitoring system, could use this existing CEO Water Mandate   support.
           in order to play a key role in promoting best practices by major
           companies aimed at water protection and conservation.   Evolving Practice
           The Voluntary Code of Practice on Water Management, tested in   The complexity of inter-sectoral relations at the regional level
           Mongolia, could be used as an example for similar arrangements   depends on the size of the international river or lake basin,
           in other countries, where there are existing needs. In addition,   aquifer, the number of states involved, and the variety of human
           the national entities of the UN Global Compact could play a major   needs to be satisfied with water from the basin. Historically,





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