Today’s guest Girma Gizaw Ayele (PhD) was born and raised in West Shoa, Chelia Woreda of Oromia State, Ethiopia in 1965. He is the author of different research papers (Articles and Textbooks), published abroad (Europe and USA) and in Ethiopia. He has been lecturing law disciplines for the past 25 years in Universities (abraod and in Ethiopia) and advising on postgraduate Thesis papers in AAU, CSU, Unity, Ambo, ASTU, etc, universities. He was a founder and owner of Praetor Law College and served for the past seven years as college President.
He has also been social activist as well as a member and chairperson of board of NGOs apart from the professional Trainings and Consultancy services to governmental organizations such as Addis Ababa City Administration- on Legal Framework of public private partnership, Oromia Regional State on preparation of legal framework for the formation of Oromia Cities Association, on briefing Oromia Extra-ordinary Supreme and Cassation Courts Decisions (among the decisions delivered for the past 18 years, which were to be published in four volumes).
He rendered professional Trainings and Consultancy services for Federation of Ethiopia Associations of persons with disabilities on Modalities and Importance of Ratification of UN Convention on Persons with Disabilities (the Trainings were delivered in Ghion and Hilton Hotels) for the stakeholders and members of Standing Committee of HPR). It was fortunate that this UN Convention has already been ratified by the FDRE HPR and now it is practically applicable in the Country.
The firm praetor Business Training and Consultancy Service Center under his supervision rendered Trainings and Consultancy Services to CCRDA and fine General Service, Co., on Voluntarism and Safety Rules respectively. The firm successfully delivered Training and Consultancy Service to FDRE Insurance Fund Administration Agency, in Framing Regulations Determining Third Party Insurance Premium.
Currently, he is a General Manager of Praetor Business Training and Consultancy Service Center and provides Lecturer and advisor of postgraduate program students in different well known Universities on par time bases.the Ethiopia press agency reporters made a stay with on issues related to nile waters. Excerpts.
One of the researches you have conducted so far focuses on the issue of the Nile River. What inspired you to do so?
As you said, I have conducted and published research on various issues. Especially while I was working in an International Voluntarism Organization, I have conducted research on human rights protection focusing on the Horn of Africa. While I was investigating and reading the issue of civilians who were victims of the war between Ethiopia and Eritrea, I read that Egypt’s plane crashed while it was assisting Ertreans troops but I raised a research hypothesis to know why Egypt is interested in supporting Eritreans. The then regime had been requesting a loan from the World Bank to commence the construction of Grand Ethiopian Renaissance Dam (GERD). Egypt, on the other hand, had claimed the World Bank not to release the loan to Ethiopia. As a young and educated Ethiopian, I conducted a study aimed at exposing the evil mind of Egypt and advised Ethiopia not to interfere in another war before recuperating its economy.
After I read how the world countries prevent disputes over Cross Border Rivers, I was inspired to write the essay. Therefore, instead of preferring options that lead to waging war, creating peaceful and democratic ways is better to resolve disputes between countries. By the way, I wrote this essay some 21 years ago and sent it through the then Foreign Minister Seyoum Mesfin and he acknowledged me.
The book you wrote abroad says that Ethiopia should not engage in war with Egypt due to the GERD and Nile waters. What does that mean?
The saying should not be taken as warning Ethiopia not to interfere in war with Egypt if the deal carried out is not fruitful. The Nile is a river that we have been singing to since childhood. Our stance during that time was, we have to give priority to lifting the economy up and building capacity of the nation considering that Egypt was in a better position.
On the other hand, Ethiopians were in a very daunting situation due to war and extreme poverty. If we engaged in war without considering the objective situation, we would have been victim of the war than Egyptians. Basically, the Ethiopian government has launched the project after it delayed for 11 years. It made the project public after it built its capacity well and arranged its army well. I wrote the essay because I had a threat in that.
Would you tell us the best practices of countries regarding the use of cross Border Rivers? What do the international laws say in this regard?
Basically, International law consists of rules and principles governing the relations and dealings of nations with each other, as well as the relations between states and individuals, and relations between international organizations. Accordingly, after 17th century, International water law is the law of the non-navigational uses of international watercourses. … It argues that a (nation) state has absolute rights to all water flowing through its territory. Later on, as the law seriously affected the downstream countries, the law was improved and came up with the concept of fail utilization of water.
As the river and land are creatures of God, all human beings have the right to use water resources. Such sorts of ideas were reflected in some continents. Now, as the number of world population and the importance of rivers rise, using the water sources independently is not acceptable. If the country uses its water resources alone, it may wage war here and there. If there is such a sort of inconvenience, many countries arbitrate the dispute created among countries.
Concerning water share, is there any law that obliges Ethiopia to sign the colonial agreement?
It is a good question. In order to respond to this question, it is imperative to recall background history of the colonial agreement. In 1880 European countries, as per the agreement made to segregate Africa, Italian forces invaded Ethiopia following the disagrment between the two countries in relation to the Wuchale agreement. Accordingly, the Italian version says, Ethiopia had no authority to communicate with other countries without the consent of Italy. When Emperor Menelik II of Ethiopia understood the spirit of the letter written in Italian language he implored Italy to approve it. But, things were not changed and the emperor decided to engage in war with Italy and end the war in victory.
In 1890, Great Britain prepared proclamation to fulfill its interest of being influential over the Nile River. Before Ethiopia revived from the war of Adowa, the British government came up with another agenda. In 1902, they prepared agreement with five articles so as to force Ethiopia to sign the wrong agreement through its representative. Especially, article three of the agreement said, no one should work any project on the Nile River without requesting the consent of Britain.
Apart from this, in 1929, British made an agreement with Egypt representing Uganda and Kenya which were under its colony. Repeatedly said, this is the agreement that marginalized Ethiopia. Accordingly, Egypt has a share of 48 billion cubic meters of Nile waters while Sudan has only four billion cubic meters. This agreement surprisingly gave Egypt the right to control Nile tributaries. Ethiopia has not recognized this unfair agreement.
The third agreement was made between Sudan and Egypt in 1959. This agreement raised the water quota of Egypt and Sudan to 55.5 billion cubic meters and 18.5 billion cubic meters respectively. This agreement also marginalized Ethiopia. The basis for all these agreements is Britain.
Taking the existing international law into account, do you think that the strategy that Ethiopia has been following is helpful to keep its national interest?
Egypt has no legal ground that helps her to continue its old-fashioned agreement. She knows the colonial agreement does not work this time. Indeed, she is a pioneer country in Africa in terms of armament. She is one of the top listed world countries who have huge armament accumulation. It takes the Nile water as the lonely reason for its existence and weaponing itself for years so as to use the Nile waters monopoly.
So far, Egypt has never hesitated to apply systematic and hidden operations so as to make Ethiopia a weak State in terms of economy, political and social affairs. Fearing the commitment and capacity of Ethiopian soldiers and taking international law into consideration, Egypt is not likely to engage in war with Ethiopia.
Do you think that countries behind Egypt are well aware of the road that Egypt is heading to?
These countries support Egypt to gain political profit. As we all know, world countries have their own faction. For instance, America and British have the same political stance. In history, one has been the fan of the other. The reason is, America was colonized by Britain.
Each and every thing found in America is a replica of Britain. They have historical tie. If you go to Middle East countries, you can see identical situation. Egypt is a country that does not consider itself as part and parcel of African continent. She thinks that it belongs to the Arab world and became an influential member of the Arab league. These countries are highly linked in terms of economy, politics and they stand with them in difficult circumstances.
If the international law supports Ethiopia’s stance, why do we hesitate to take the issue to international courts?
If we are sure that the Nile River is our resource, what is the significance of taking the issue to international courts? If we are sure that the resource is ours, why do we go to deal with them and waste time? Egypt does this purposely to confuse the world and its people. She knows that is unfeasible for her. Egypt deliberately does this to seize or delay the project until it destabilizes Ethiopia by creating political, economic differences.
Thus, we need to see the issue cautiously. China and Russia oppose the moves of Egypt not only because they have good relations with Ethiopia, but they know that the issue is not treated fairly and as per the law. Other entities know the reality on the ground, but what is significant for them is gaining political profit. Though United States is a country where law is developed well, she is the leading country in violating laws. They easily violate any law, if it is the national interst of US. Thus, Ethiopia has no reason to go to international courts.
Indeed, as per the law, Ethiopia contributes some 86 percent of waters to the Nile River; it should gain priority than any other country. Both the natural and manmade laws also support Ethiopia in this regard. Though Egypt knows the reality, she has a desire to delay the project via taking the issue to international court. Understanding that Egypt has never and ever hesitated to apply all alternatives which enable it to impede the project, we have to continue our tasks giving deaf ears for gossip of Egypt.
Except Sudan and Egypt, how do the remaining Nile riparian countries respect their rights of using Nile waters?
Right you are. So far, though the Nile riparian countries are many in number, Egypt and Sudan were the two countries that had monopolized the Nile waters. Egypt is being able to build a strong economy using the Nile water solely. The situation will not continue like this. Thesedays, the population of Africa in general and Ethiopia in particular is escalating.
The ever increasing population size will force countries to use their natural resources for survival. Egypt will not maintain its old firm stance. In order to fulfill the interest of their people and upgrade their economy, Nile riparian countries must use the Nile waters properly. Thus, what Egypt need to know is that; let aone Ethiopia, all Nile riparian countries have the right to use Nile waters via building identical projects. Understanding the aforesaid fact, Egypt has to open doors for a peaceful deal.
Above all, it has to support the riparian countries for the sake of protecting their ecosystem. According to the Nile Basin Initiative, the Nile riparian countries have the right to use Nile waters without significantly harming the river. Otherwise, these countries may use the Nile waters extensively. Egypt concern on the construction of GERD is meaningless since all riparians also have full right to build similar dams of the same kind.
Ethiopia is preparing to GERD’s second filling. On the other hand, Egypt has been striving to abort it. What should the Ethiopian government do in this regard?
Without doubt, Ethiopia will accomplish the second course of dam filling. I do not have a belief that Egypt will win in this regard. The important thing here is, we have to stand in unison and never give up for those who are striving day and night to isolate Ethiopians. Now is not the time to talk. It is a time of conducting scientific research connection to Sudan, Egypt, and the Nile River. I am very proud of my own research and essays. In this regard, Egypt has renowned water researchers. Other Ethiopians should apply the knowledge they have and conduct research of various kinds instead of talking more about the issue. They are restless. If we are able to accomplish the second filling they try to abort the next one.
Instead of taking war as an option, it is possible to gain the attention of the world through conducting validated research. In the book I have been writing, I tried to show that let alone constructing a hydropower dam, we have many reasons to accuse Egypt in the international court. Ethiopia should claim compensation fee not only for the water Egyptians used, but also loam soil it took every year. Thus, they have to pay compensation for 2000 years. We will gain the the attention of the world through raising peoples awareness towards Nile waters.
Thank you for the time we spent together.
It is my pleasure.
BY STAFF REPORTER
The Ethiopian Herald May 22/2021