Page 36 - Nile Explorer Issue 006

specific provision, to be added at the and more a reality, and can no longer Later, Egypt followed, albeit reluctantly,
end of the Article that would oblige be ignored. According to experts, with Egypt, Sudan and Ethiopia
the Basin states “not to adversely affect these dynamics and factors catalyzed concluding in March 2015, through
the water security and current uses and the reshaping of national and regional their head of states the Agreement on
rights of any other Nile Basin State.” policies as regards the shared waters of Declaration of Principles on the GERD
This demand was rejected by the upper the Nile Basin. The national interests of (DoP). Egypt and Sudan basically
riparian states that saw it as a denial all Nile basin countries cannot be caged accepted, through the DoP, the GERD
of the basic principle of equitable and on the basis of antiquated treaties, and declared for the first time ever
reasonable utilization, and a breach of particularly now that the 11 riparian “the significance of the River Nile as
the vision of the NBI itself. are independent sovereign states. a source of livelihood of the people
and development of Egypt, Ethiopia
Egypt’s legal position, vis-à-vis the Meanwhile, in 2011, four major events and Sudan.” The three countries
Nile Basin Agreement, which went agreed further “to cooperate based
into force in 2011, is a key plank in on common understanding, mutual
the dispute. The Nile Basin Agreement benefit, good faith, win-win, and the
outlines the importance of the Nile principles of international law, (as
and the ways in which competing well as) in understanding upstream
uses for its water are raising tensions and downstream needs in its various
between the countries in the area, aspects.” The DoP, stated explicitly
and, in essence, reviews the historical that “the purpose of the GERD is for
treaties that divide the Nile River. In power generation to contribute to
particular it will focuses on the 1929 economic development, promotion
and 1959 treaties that form the basis of of transboundary cooperation and
Egypt’s legal position. The agreement, regional integration…”
which is considered modern, is
founded on norms and principles A summit of the Nile Basin countries,
of international law regarding trans in Uganda, 2017, Al Sisi stressed Egypt’s
boundary watercourses. keenness to end division and overcome
existing differences, thus restoring the
The Nile Basin countries since course of cooperation between all the
independence have continued to took place across the Nile Basin with a Nile Basin countries to realize common
undergo rapid social, political, bearing on the Nile River water dispute. interests through cooperation not only
economic and environmental These are, the revolution in February, in the water fields, but also in various
transformations - population growing leading to Al Sisi taking power in Egypt; fields of development and economic
accompanied by increased for food, the start of Construction of Ethiopia’s integration. A further confirmation
energy and water - while the challenges Grand Renaissance Dam in April; The Cairo’s change of policy on the Nile, and
of Climate change are becoming more coming into effect of the Nile Basin perhaps, a signal for the end of the 1929

Cooperative Framework Agreement in Nile Agreement and the recognition by
May; and the independence of South Egypt of the new trends in international
Sudan in July. These events changed water law, which leans towards multi-
the course of the dispute driven by party basin management.
various factors. The Grand Ethiopian
Renaissance Dam (GERD), for Although Egypt has lately, adopted a
instance, has, to date proven a major more accommodating and pragmatic
challenge to, and a source of a bitter approach, post 2011, particularly in
dispute between Ethiopia on the one relation to Ethiopia’s Grand Ethiopian
hand, and Egypt and Sudan on the Renaissance Dam project (GERDP);
other. Just as the coming into force of Cairo needs to go further and ratify
the ‘CFA’ which was yet another geo- the CFA without insisting on changes
political game changer that left Egypt to Article 14(b) to guarantee Egypt
isolated, particularly, the action, in the rights created by the Nile Waters
December 2013, when Sudan broke agreements. Through negotiation from
ranks with Egypt and declared its full within, it is possible for Egypt to get
support of the GERD. 40 billion cubic meters minimum it
requires for its water security.
36 | The Nile Explorer 006