Trading the Nile River Rights

Following a decade of negotiations under the auspice of the Nile Basin Initiative, the Nile Basin States have opened an Agreement termed the Nile River Basin Cooperative Framework Agreement, for a period of one year. The Agreement is a landmark achievement given the decades of discontent over the inequitable sharing of the Nile River and will be open for signature until 13th May 2011. The organs consists of the Commission which is comprised of: (a) Conference of Heads of State and Government (b) Council of Ministers (c) Technical Advisory Committee (d) Sectoral Advisory Committees (e) Secretariat according to Article 17 of the Nile River Basin Cooperative Framework Agreement.

The River Nile is the longest river in the world with three main tributaries which reach ten African countries.  However the resource has been almost exclusively utilized by Egypt and Sudan by virtue of a 80 year old governing legal framework on the utilization of the waters.  The May 7, 1929 agreement between the United Kingdom (on behalf of its colonies) and Egypt, was in the form of exchange notes and the colonial-era “treaty” gave Egypt sole property rights to the Nile's waters, up until 1959 when Sudan formalized a partial-sharing agreement with Egypt.  Meanwhile the sources of the 6695 km Nile river consist of the White Nile which flows from Uganda (Lake Victoria) into Sudan, and Egypt, and the Blue Nile which starts in Ethiopia (Lake Tana) with tributaries in DRC, Kenya, Tanzania, Rwanda, Eritrea and Burundi, which flow into the Nile or into Lake Victoria.

Recently, a framework agreement has been agreed upon by Ethiopia, Tanzania, Rwanda, Uganda and Kenya who seek to alter the rivers’ water-sharing arrangements, with Burundi and the DRC promising to sign the landmark agreement in the course of the year. The upstream countries want to be able to implement irrigation and hydropower projects in consultation with Egypt and Sudan, but without Egypt being able to exercise the veto power it was given by the 1929 colonial-era treaty with Britain.  Meanwhile Egypt has reportedly rejected the agreement along with Sudan, however with the new Southern Sudan Government, its not clear how this matter will be handled by the latter.

I suppose the key issues in the newly concluded agreement are those of equity and sustainability. Consider for instance the riparian state of Ethiopia whose Blue Nile tributaries, highlands and lakes are estimated to supply about 86 percent of the total waters of the Nile River, however the country currently only uses about one percent of the Nile’s resources.  Ethiopia unlike most Sub Saharan African countries was not colonized and reportedly does not recognize the 1929 Nile River agreement between the UK and Egypt. Simultaneously the country is faced with grave development needs and challenges, and according to the World Bank 2008, Ethiopia has a real per capita GDP of US$280 (which is below the Sub Saharan Africa average) and a population of about 81 million making her the second-most populous country in sub-Saharan Africa. 

One could say that Ethiopia should view the Nile the same way other sovereign nations view their oil resources or mineral wealth; as a valuable source of foreign currency, development and national pride.  Along these lines, Ethiopia sees a huge potential in the export of electricity and is reportedly constructing a network of mega dams on the web of Nile rivers that tumble down from its highland such as the controversial 243 metres high Gibe III Dam (shown above) at a cost of 1.4 billion euros, which will be the highest dam on the African continent.  This is expected to meet the needs of the rural areas, where the bulk of the 80 million Ethiopians live and where only 2% of households get access to electricity.  Beyond hydroelectric power, agriculture and irrigation are other critical issues also relevant to the utilization of the Nile waters.

This is a complex and historic issue with many facets hence more can be said however, that would the subject of a thesis and not suitable for a blog.  To conclude, let me welcome this new Nile Cooperative Framework Agreement which is expected to formalize the transformation of the Nile Basin Initiative (NBI) into a permanent Nile River Basin Commission and facilitate its legal recognition in the member countries as well as regional and international organizations. 

NBI was formed in 1999 by its Members, who recognized their common concerns and interests, and whose vision is “to achieve sustainable socio-economic development through the equitable utilization of, and benefit from, the common Nile Basin water resources.” 

For a captivating analysis on this issue click here