In 1999, the Nile Basin Initiative (NBI) was established by the Nile riparian states to manage and develop the shared Nile water resources sustainably and equitably. The NBI seeks to promote economic integration, poverty alleviation, and sustainable development for the 11 Nile Basin countries: Burundi, Democratic Republic of Congo, Egypt, Ethiopia, Eritrea (as an observer), Kenya, Rwanda, South Sudan, Sudan, Tanzania, and Uganda.
The NBI works to ensure that all the Nile Basin countries benefit fairly from the Nile’s waters, countering historical imbalances in water usage, such as those seen with Egypt and Sudan’s historic treaties.
The initiative aims to promote the development of water resources for food security, electricity generation, and climate resilience across the basin while maintaining ecological sustainability.
By managing the Nile cooperatively, the NBI hopes to foster regional economic integration, reduce conflicts over water use, and promote cross-border infrastructure projects such as hydroelectric power plants and irrigation schemes.
Through fostering dialogue and cooperation, the NBI acts as a forum to prevent conflicts between member states over water resources, which have historically been a source of tension in the region. The NBI had three basic programs which included a shared vision program that aims to build trust and capacity among the Nile Basin countries through joint training, education, and information exchange initiatives.
The Subsidiary Action Programs (SAPs) are investment-oriented programs designed to address regional development needs, such as hydropower and agriculture. The two main regional groups in this effort are the Eastern Nile Subsidiary Action Program (ENSAP) and the Nile Equatorial Lakes Subsidiary Action Program (NELSAP)
The NBI focuses on strengthening the technical and institutional capacity of the member states to manage water resources effectively and equitably.
What are the basic principles behind utilizing the waters of the Nile as provided by international law and the NBI?
The principle of Equitable Utilization of the waters of trans-boundary nature is based on from principle, derived from the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, which requires that all riparian states sharing a watercourse have the right to use it equitably and reasonably. Factors such as population, geography, and dependence on the resource are considered.
Under customary international law, including the 1997 Watercourses Convention, states are required to prevent activities within their jurisdiction from causing significant harm to other riparian states. Egypt and Sudan have invoked this principle in their opposition to GERD.
Ethiopia’s sovereignty over the Blue Nile, which originates within its borders, gives it the right to construct GERD. The principle of sovereignty is a key concept in international law, allowing states to use their natural resources for development, provided they do not cause harm to other states.
International law encourages states sharing trans-boundary resources to cooperate and negotiate in good faith. Ethiopia, Egypt, and Sudan have held numerous rounds of negotiations, including under the auspices of the African Union, to try and resolve disputes over GERD. However, an agreement on the dam’s operation and filling remains elusive.
In an attempt to ease tensions, Ethiopia, Egypt, and Sudan signed the Declaration of Principles in 2015. This document acknowledges the importance of equitable and reasonable use, the obligation not to cause significant harm, and the need for cooperation. However, disagreements persist on the technical details of GERD’s operation, particularly during droughts and the filling phase.
The historical agreements, especially the 1929 and 1959 Nile Water Agreements, allocated the vast majority of the Nile’s water to Egypt and Sudan, leaving Ethiopia and other upstream countries. Ethiopia has rejected these treaties as being colonial-era relics that unfairly marginalize upstream states. Ethiopia’s position is supported by the notion that no single state should have a monopoly over a shared resource.
From the perspective of international law, the GERD dispute revolves around balancing Ethiopia’s right to develop its water resources and the downstream countries’ right to secure water access. The 1997 UN Watercourses Convention, customary law principles of equitable use, and the obligation to avoid significant harm all play key roles in shaping this debate.
BY SOLOMON DIBABA
THE ETHIOPIAN HERALD SATURDAY 5 OCTOBER 2024
