Page 35 - Nile Explorer Issue 006
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Africa









        and their ‘masters’ as well as treaties
        made among themselves, as legal
        foundation of their right to monopoly
        of  the  Nile  waters,  Egypt  and  Sudan,
        has over the years laid claim to the Nile
        waters. Indeed, the use of the Nile River
        has for centuries been monopolized
        by the lower riparian countries that
        claim ‘historic right’ over the waters on
        the basis of the treaties, thus building
        tensions among the riparian countries.
                                            Uganda’s Museveni flanked by the leaders of Egypt and Ethiopia, outlines the importance of cooperation.
        The upper riparian countries which   Work to reconcile the Nile Basin countries will continue in Burundi, at the next summit. PHOTO PPU
        are sources of the water were for long
        alienated from their own vital resource.   River Basin.                 South Sudan, Tanzania, and Uganda
        These riparian countries, especially                                    against the lower riparian states of
        Ethiopia, strongly reject these treaties  In order to counter Egypt’s claim of   Egypt and Sudan—Sudan has since
        and label them as nullified, antiquated  the Nile River water on the basis of   broke ranks with Egypt—recognizing
        and as having no legal effect on the use  the ancient treaties and agreement   the right of Ethiopia to construct the
        of the Nile. Ethiopia was not one of The  with Sudan, The Nile Basin  Initiative   Renaissance Dam, giving credence to
        British colonies, which then included  (NBI) was born on February 22, 1999,   the claim by the upper riparian states.
        Kenya, Uganda, Tanganyika, and what  in Dar-es-Salam, Tanzania, following
        was known as Anglo- Anglo-Egyptian  the signing of the minutes of the  Moreover, South Sudan—formally part
        Sudan.                              meeting by nine of the Nile ministers  of Sudan—pronounced itself in 2012, as
                                            of water resources in attendance. The  not recognizing both the 1959 bilateral
        In fact, various Egyptian leaders have   NBI was established as a transitional  agreement between Egypt and Sudan
        threatened to go to war to protect these   arrangement to foster cooperation and  and the treaties between Great Britain
        so-called “acquired rights.” Upstream   sustainable development of the Nile  and  Egypt.  It  subsequently  joined
        riparian states such as Kenya, Tanzania,   River for the benefit of the inhabitants  what is known as the Nile River Basin
        Uganda, and Ethiopia, have argued   of those countries. The NBI is guided by  Cooperative  Framework  Agreement
        that  they  are  not  bound  by  these   a shared vision “to achieve sustainable  (“CFA”), the same year, a  document
        agreements because they were never   socio-economic  development  through  which Egypt refused to ratify. Egypt
        parties to them. In fact, shortly after   equitable utilization of, and benefit  froze its participation in the bloc in
        independence from Great Britain in   from, the common Nile Basin water  2010.
        1961, Tanganyika’s (now Tanzania,   resources.”  The  NBI  was  facilitated
        after union with Zanzibar in 1964) new   by a number of donors led by the   The main source of disagreement by
        leader, Julius Nyerere, argued that the   World Bank and the United Nations   Egypt of the Agreement is related
        Nile  Waters  Agreements  placed  his   Development Programme (UNDP).   to water security. Article 14 of the
        country and other upstream riparian   The Nile Basin Initiative (NBI) is a   CFA requires the Basin states to work
        states at Egypt’s mercy, forced them   partnership among the Nile riparian   together to ensure that all states achieve
        to subject their national development   states that “seeks to develop the river in   and sustain water security. However,
        plans to the scrutiny and supervision   a cooperative manner, share substantial   this paragraph did not satisfy Egypt and
        of Cairo, and that such an approach to   socioeconomic benefits, and promote   Sudan who wanted to ensure, through
        public policy would not be compatible   regional peace and security”.   an additional clause, that their existing
        with the country’s status as a sovereign                                uses and rights - 1929 and 1959, Sudan
        independent state. All the upstream  The Nile River water dispute therefore,  Egypt agreement - are fully protected
        riparian states have since argued in  pits the upper riparian of Burundi,  under the CFA. Consequently, Egypt
        favor of a new, more inclusive legal  Democratic Republic of Congo, Egypt,  and Sudan demanded and insisted that
        framework for governing the Nile  Eritrea, Ethiopia, Kenya, Rwanda,  Article 14 of the CFA should include a

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