International Laws and Disputes in the Nile River Basin

1
International Laws and Disputes in the Nile River
Basin

• Ashok Swain
• Professor of Peace and Conflict Research, Uppsala
  University, SWEDEN

2
Sharing the International Rivers

• 263 international river systems (covers 45
  earths land surface and supports 40 world
  population)
• 145 countries have some share in international
  river system (92 of them have 50 of their
  territories in these basins)
• 21 countries receive 50 of their surface
  freshwater supply from upstream countries (Egypt
  97, Sudan 77).
• No magic formula in governing International
  Rivers
• Each international or regional agency has its own
  agenda
• Basins in the news Jordan, Nile,
  Euphrates-Tigris, Rhine, Colorado, Parana,
  Danube, Ganges-Brahmaputra, Indus, Mekong

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Nile Basin
4
Nile River Facts and Figures

• Longest international rivers in the world From
  its remotest headstream, the Ruvyironza river in
  Burundi, the river is 6,671 km long.
• The main stream of the Nile is formed at
  Khartoum, Sudan, 2,988 km from the sea, by the
  junction of the Blue Nile (1,610 km) and the
  White Nile (3,700 km long). Other tributaries
  Atabara and Sobat.
• Blue Nile originates from Lake Tana and White
  Nile from Lake Victoria.
• Rivers originating from Ethiopian highlands
  contributes 86 of water supply to Egypt, while
  White Niles share is small but steady 14 .
• Egypt is the primary beneficiary of Nile (island
  between the Blue Nile and White Nile close to
  Khartoum irrigated with Nile water).
• Ten riparians Burundi, the Democratic Republic
  of Congo,Egypt, Eritrea, Ethiopia, Kenya, Rwanda,
  Sudan, Tanzania and Uganda.
• 300 million live in 10 countries, and 160 million
  within the the basin.

5
Comparing the Nile with other Major River Systems
in Africa
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Nile River and its Control

• The 1902 Treaty between Great Britain and
  Ethiopia (prohibited Ethiopia to divert Nile
  water)
• The 1929 Treaty between Egypt and Sudan (Great
  Britain) 48 bcm/year to Egypt, 4 bcm/year to
  Sudan (this amount was to be drawn from Jan 20 to
  July 15). Colonial power committed no use of
  water for irrigation and power by its other
  colonies in White Nile basin.
• The 1959 Treaty between Egypt and Sudan after
  Sudans independence (1956) and Aswan Dam
  planning (1952) 55.5 bcm/yr for Egypt, 18 bcm/yr
  for Sudan, 10 bcm/yr for seepage and evaporation.
  Joint front established versus Ethiopia.
• 1991 Sudan and Ethiopia agreed to explore
  cooperation over Blue Nile and Atbara rivers and
  it alarmed Egypt.
• 1993 Framework of general cooperation between
  Egypt and Ethiopia both agreed not to do
  anything with Nile to cause appreciable harm to
  other.
• The Nile Basin Initiative since 1999.

7
Nile Basin Initiative

• Established by the governments of ten riparian
  countries with its secretariat at Entebee,
  Uganda, thanks to World Bank.
• Water Ministers club, fails to bring CEO of the
  riparian countries on the board.
• Focus on economy, ignores environment.
• Public participation is superficial.
• Total dependence on funding agency.

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Convention on the Law of the Non-Navigational
Uses of International Watercourses

• International Law Associations several attempts
  since 1956 to establish 'principle of
  equitability
• In 1966 at Helsinki, the ILA decided on the
  Helsinki Rules (an existing use of river would
  have to give way to a new use in order to reach
  an equitable apportionment of shared water
  resources, though the new user would have to pay
  compensation).
• In 1970, Finland unsuccessfully introduced a
  resolution in the UN General Assembly to consider
  Helsinki Rules as a model for sharing
  international rivers.

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Convention on the Law of the Non-Navigational
Uses of International Watercourses (Contd.)

• Being directed by the UNGA in 1970, the
  International Law Commission worked to define the
  scope of the term international watercourse
• In 1976, the ILC agreed to use the term
  international watercourse instead of
  contentious terms as international drainage
  basin or international watercourse system.
• After 25 years of deliberations, the ILC
  submitted its draft on Convention on the Law of
  the Non-Navigational Uses of International
  Watercourses in 1996 to the UN General Assembly,
  which adopted it on 21 May 1997.
• The Assembly adopted the draft resolution by a
  recorded vote of 103 in favour to 3 against
  (Turkey, China and Burundi) with 27 abstentions.
• Convention stresses that states should use
  watercourses in an equitable and reasonable
  manner, and defines a procedure to follow when
  planned schemes may have adverse impacts on other
  riparian states.

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Status of the Convention(October 2006)
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Limitations of UN Convention

• Slow Ratification process
• Only Sovereign Nations are under its purview
• General but contradictory language international
  watercourse versus surrounding eco-system,
  Existing agreements and the new framework
  equitable utilization (art 5) versus not causing
  significant harm to present user (art 7)
• Lack of serious enforcement agency

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UN Convention and Nile River

• None of the riparian countries have ratified the
  Convention.
• The convention at UNGA Sudan was in favor
  Burundi opposed Egypt, Ethiopia, Rwanda and
  Tanzania abstained Eritrea, Uganda and DRC
  (Zaire) were absent.
• Egypt does not like the term international
  watercourse.
• Egypt likes art. 7 while Ethiopia likes art 5.
• Article 3 1929 agreement between Egypt and Great
  Britain on behalf of Sudan and 1959 agreement
  between Egypt and Sudan

13
Statement of some Nile Riparian countries on the
Convention at UNGA

• Ethiopia Abstained in the voting because the
  text of the Convention was not balanced,
  particularly with respect to safeguarding the
  interests of upper riparian States. Article 7 and
  Part III of the Convention (planned measures)
  were of particular concern. Part III put an
  onerous burden on upper riparian States.
• Egypt Abstained in the voting. Expressed the
  hope that its adoption of the Convention would
  enhance the Assembly's role in codifying and
  developing international law, with the aim of
  promoting international peace and security and
  upholding the rule of law. While the Convention
  contained some new regulations, they did not
  modify customary international law.
• Rwanda Abstained in the voting. The Convention
  lacked any reference to the sacrosanct principle
  of State sovereignty. His Government also had
  problems with Article 33, on the settlement of
  disputes, as well as with provisions in Article
  2, on the management of underground waters.
• Tanzania The draft convention could have been
  better it was, to some extent, the product of a
  deadline. He noted that it was to enter into
  force following the deposit of 35 instruments of
  ratification or accession. He said that
  represented a mere 18 per cent of the
  Organization's current membership of 185 States
  -- a figure that was even lower if regional
  economic integration organizations were taken
  into account. Abstained.

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Sharing of the Nile and its Future

• Ratified convention cannot provide answers to
  Nile sharing questions there is no Golden
  Principle.
• Colonial treaties are major obstacles 1902, 1929
• 1959 treaty and Ethiopia
• Egypts increasing demand New Lands in Sinai,
  transfer projects
• NBI should focus at the sub-basin level rather
  than taking a basin based approach too many
  cooks for too little broth.
• Focus should be Blue Nile, not White Nile
  Jonglei Canal is a big Q.
• Comprehensive strategy for mutual benefit
  sharing Storage in Ethiopian highlands and
  hydropower for the use of underground water.
• Scientific progress to make desalination process
  economically viable can alter the whole scenario
  Egypt as upstream.
• Nile Basin countries need to establish a
  self-sustainable and lasting cooperative
  mechanism NBI in the present form is not the
  answer.