Since time immemorial the Nile River has been in the eyes of many countries even distant from the region where it originates. In both areas where the so-called White Nile and the Blue Nile originate, many countries particularly those interested in colonising Africa made every attempt to use the river exclusively. Historians tell us that the interest of Egypt in the part of the Nile that originates in Ethiopia or the Abay as it is locally called was intense and relentless. It has always been its dream to control the source of the river and make exclusive and undisturbed use of the water. This desire of Egypt has not restrained itself from attempting to use force against Ethiopia and take full control of the source of the river. But its attempts have always been stifled by Ethiopian patriots and more recently its attempts to block the construction of the Grand Ethiopian Renaissance Dam, GERD, has been defeated by the strong diplomatic struggle that Ethiopia has conducted convincingly without depriving Egypt of its fair and equitable share of the water of the River.
Looking at the history of the Nile and the countries that want to control the sources of the Nile, we find out from history that there have been various treaties and agreements on the usage of the water of the Nile signed between the British as colonial masters and Egypt and Sudan. However, all of these pacts have deliberately ignored Ethiopia despite the well-known fact that it is the origin of the river and in fact not only did it carry water to these countries but also precious and fertile soil that is taken from the highlands of Ethiopia. Egypt and Sudan have used this treasure to enhance their agricultural ventures but they never expressed any appreciation to Ethiopia.
Egyptian civilization has been founded and thrived on the shores of the Nile and there is no doubt that without the Nile River, there would be no Egypt in the way we know it today. For centuries it has been used to monopoly the water of the Nile and has always been considered the legitimate and only owner of the river. When they were contested this claim they continued to refer to ‘historical facts’, ‘natural rights’ and ultimately the treaties it concluded with its colonial master excluding the legitimate owner of the river, Ethiopia.
Ethiopia has always objected to the pacts that Britain, Egypt and Sudan have concluded both in 1929 and 1959 dividing the waters of the Nile according to their wishes. The point is that it never occurred to them that Ethiopia has a right to the river and is entitled to use at least a part of the river before it leaves Ethiopian land and travels to Sudan and then Egypt.
What is surprising is that Egypt has always insisted on its claim of full and exclusive rights on the river and anyone who wants to use the river must secure permission from Egypt at its terms and conditions. Egypt’s hegemonic attitude in this regard has been put into discussion and to avoid any sort of conflict due to these differences there have been attempts to settle the issue peacefully and reasonably by many countries including those that are far away from the Nile Basin. This initiative was also supported by the international community and the Nile Basin Initiative was founded. This initiative has brought hope to the region so that any sort of use of force can be avoided.
There are eleven countries which are part of the Nile Basin and there was a need to bring them all together to cooperate regarding the usage of the river and settle all their differences or disagreements based on a cooperative agreement which later was to be known as the Nile River Basin Cooperative Framework Agreement or CFA. This framework agreement outlines the rights and obligations for the development of the Nile Basin water resources and promotes the equitable and reasonable utilization of the River. But at least six countries should ratify the framework to establish the Nile Basin Commission and bring it into full force. Its implementation will lead to the establishment of a Commission that will ensure fair and equitable usage of the water resources of the Nile. Now with the Republic of South Sudan being the sixth nation to ratify the agreement, the CFA is put in vigour and all the terms of the framework agreement would be effective.
Egypt and Sudan have in principle agreed to a certain framework for the usage of the river realizing that avoiding the agreement would not be beneficial to them. But they came short of ratifying it stating that there are terms that should be modified in a manner that would suit them. In principle, they claim that the pre-existing situations should not be modified and they continued to refer to the 1929 and 1959 colonial pacts. But naturally, this claim has not been accepted by the signatories of the agreement. Given that now the agreement is signed by six out of eleven countries with South Sudan being the last country to have ratified it, the CFA has effective validity throughout the Basin.
The agreement has been opened for ratification by member states since 2010 and between 2013 and 2023 Ethiopia, Rwanda, Tanzania, Uganda, and Burundi have signed the initiative with South Sudan adding its voice to the majority and unleashing the full effects of the CFA. Sadiq Adem, a scholar on the establishment of the Nile Basin Commission and a member of the House of Peoples Representatives and Standing Committee of Foreign Relations said disregarding the unfair and defunct agreements on the use of the waters of the Nile, the signatory countries have now resolved to work on a framework that will ensure equitable distribution and mutual development of the Nile thrusting the Nile Basin Initiative to a new and decisive stage.
With the implementation of the CFA, all colonial agreements on the use of the water of the Nile will be annulled and the provisional agreements will be replaced by permanent ones. Implementing the CFA will secure international recognition for the Agreement and this will in turn provide an opportunity to acquire technical, financial, and diplomatic support from international financial institutions and governments, Sadiq stated.
On the occasion of the entry into force of the CFA Prime Minister Abiy Ahmed (PhD) has said that the entry into force of the agreement on the Nile River Basin Framework strengthens our bond as a Nile family and ensures that the management and utilization of our shared water resources benefit all, for the good of all. On his social media outlet, the premier wrote “Today the 13th of October, 2024 marks the culmination of a long journey toward the equitable and reasonable utilization of the waters of the Nile, with the entry into force of the Agreement on the Nile River Basin Framework”. He added this day will be remembered as a historic milestone in our collective efforts to foster genuine cooperation in the Nile Basin. The premier extended his heartfelt congratulations to all state parties to the CFA for their unwavering commitment to advancing cooperation in the region. He also called upon non-signatory states ‘to join the Nile family so that together we may achieve our shared goals of development and regional integration’.
Similarly, the Ministry of Foreign Affairs of Ethiopia said that the principles enshrined in the CFA fix historic wrongs, ascertain equitable use and foster mutual understanding and shared responsibility. After congratulating the peoples of Nile Basin States on the coming into effect of the CFA, the Ministry stated that the dedication, perseverance, and collaborative spirit displayed by state parties throughout the process would no doubt enhance cooperation and provide impetus to realize the equitable and reasonable management and utilization of the shared water resource.
The Ministry also underlined that Ethiopia is confident that the entry into force of the CFA will yield significant benefits for the Basin states and contribute to a more prosperous and sustainable future. It is to be reminded that the CFA stipulates that each Nile Basin State has the right to use within its territory the waters of the Nile River System in a manner that is consistent with the other basic principles of international law and practice.
On a similar note, the Minister of Water and Energy Engineer Habtamu Itefa said that the Nile River Cooperative Framework Agreement is a backbone and is going to “make the big shift toward utilization of water resources.” He said, “I want to congratulate all Ethiopians and citizens of the Nile Basin member states. This is a wonderful and fruitful achievement for all of us who were demanding justice and equal rights in utilizing our water resources.” He said that all previous laws were not inclusive of the upstream countries ignoring them and instead formulating them for a few citizens in the downstream countries. He added that the CFA has no harm on anyone and requested all member states especially Egypt and Sudan that ‘if they thought that the CFA is not all-inclusive we can get in touch and talk about it and utilize it.’
With the CFA Ethiopians and other upstream riparian countries can now come together to plan for the betterment of their shared interests. The agreement will serve as a foundation for the establishment of the Nile River Basin Commission and this will operate independently supporting development throughout the Basin and facilitating implementation of projects from upstream as well as downstream.
BY FITSUM GETACHEW
THE ETHIOPIAN HERALD SATURDAY 19 OCTOBER 2024
