End of Colonial Roots

By Awad Abdusebur

When you think of the Blue Nile, which is also known as the Abbay River, picture it as the lifeblood of Ethiopia's highlands. This mighty waterway is one of the most important rivers in all of Africa. The Nile itself, which the Blue Nile feeds into, is a massive river system that flows from both the Ethiopian highlands and the Nile Equatorial Lake region.

The Nile's drainage basin is truly enormous, covering an incredible 3.18 million square kilometers. That's about 10% of Africa's entire landmass. The basin is a shared resource for 11 countries: Burundi, the Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Kenya, Rwanda, South Sudan, Sudan, Tanzania, and Uganda. Together, these countries are home to over 556 million people—that's about 42% of Africa's total population.

For centuries, the river's waters have sustained civilizations, but the historical context of its management, particularly the legacy of colonial agreements, continues to shape the present-day water security challenges.

The colonial era significantly impacted the Nile River's management, leaving a legacy that continues to influence water resource governance in the region.  The 1929 and 1959 agreements, primarily between Egypt and Sudan, and brokered by the British, were crafted with the interests of the colonial powers in mind.  These agreements allocated a disproportionate share of the Nile's water to Egypt and Sudan, effectively marginalizing the needs and aspirations of upstream riparian countries notably Ethiopia.  

These agreements established Egypt's right to a significant portion of the Nile's water flow, essentially granting it veto power over any upstream water development projects.  This unilateral approach to water management, rooted in the colonial context, created a significant power imbalance.  While acknowledging the historical context is crucial, the fundamental principle of equitable sharing of a shared resource, particularly for the upstream countries that bear the brunt of the river's flow, remains a significant issue. Ethiopia as a major source of this river has been strived to bring equitable utilization of the Nile water.

A Paradigm Shift in Water Resource Management

Ethiopia's claim to the Nile is rooted in its long history of utilizing the river for its development and sustenance.  For centuries, Ethiopian communities have not been able to utilize their resources due to the unjust colonial era contested agreements. This historical precedent forms a crucial part of Ethiopia's argument for its right to develop its water resources.  These agreements often fail to adequately address the needs of upstream countries like Ethiopia, who argue that their developmental needs must be balanced with the downstream countries' interests.

Ethiopia's argument rests on the principle of equitable utilization of shared water resources.  It asserts that its development needs, including poverty alleviation and economic growth, are as important as the needs of downstream countries.  This principle, enshrined in international water law, contends that the use of shared water resources should not harm other riparian states.  Ethiopia emphasizes its right to develop its own resources without creating harm to downstream users.  

Ethiopia's growing economy, coupled with its ambitious development agenda, has positioned it as a key player in the Nile Basin. While the other riparian nations have also been contemplating about the issue of equitable use of shared water resources, Ethiopia persists in highlighting the necessity for a just resolution that takes into account the interests of all parties involved in the Nile basin, focusing on cooperation and mutual understanding to achieve this position. This collective viewpoint led to the establishment of the Nile Basin Initiative (NBI).

Birth of the Nile Basin Initiative

The Nile Basin Initiative (NBI) is a partnership of ten member countries that was formed on February 22, 1999. Its purpose is to create a transitional regional framework for collaborative efforts aimed at achieving a Shared Vision Objective: to promote sustainable socioeconomic development through the fair use and benefits derived from the shared water resources of the Nile Basin.

The NBI was designed as a temporary cooperative structure to encourage collaboration until a permanent legal and institutional system for the management and development of the Nile's water resources is established. The member nations of the NBI include Burundi, the D.R. Congo, Egypt, Ethiopia, Kenya, Rwanda, South Sudan, Sudan, Tanzania, and Uganda. Additionally, Eritrea participates as an Observer in the NBI.

The initiative recognized the interconnectedness of the Nile's resources and the importance of a unified approach to their management. Central to the NBI's success was the inclusion of all riparian states, recognizing the need for equitable participation and representation.

Agreement on the Nile River Basin Cooperative Framework

Driven by Nile countries themselves, the establishment of the Initiative marked the first time a truly comprehensive mechanism of cooperation had been agreed among riparian countries. The NBI was launched as a ‘transitional’ arrangement up until a final Framework for Cooperation is put in place’, i.e. the Nile Basin Cooperative Framework Agreement (CFA) that would provide a permanent legal and institutional basis for Nile cooperation.

CFA is a treaty aimed at fostering collaboration and fair distribution of the Nile River's water resources among all the countries bordering the river, as outlined by the Nile Basin Initiative. It outlines principles, rights and obligations for cooperative management and development of the Nile Basin water resources. Its goal is to create a structure for comprehensive management, sustainable development, and balanced use of the Nile Basin's water resources, while also highlighting the importance of their conservation and protection.

Countries began the process of preparing the text of the CFA in 1997. After ten years of discussions, consensus was achieved on all clauses. A total of six instruments of ratification or accession are required for the CFA to come into effect, and these have been obtained. From 2013 to 2023, five nations (Burundi, Ethiopia, Rwanda, Tanzania, and Uganda) ratified the CFA and submitted their instruments.  

After almost 15 years, CFA came into force on October 13, 2024 following South Sudan's ratification on July 8, 2024. The ratification of CFA among the countries in the basin brings a multitude of advantages, primarily centered on fair water distribution, sustainable growth, and regional collaboration. These advantages encompass a legal structure for managing water resources, a forum for dialogue and resolving disputes, as well as prospects for economic and investment expansion within the basin. Entering into force of the CFA is a milestone for the Nile Basin countries towards mutual cooperation by establishing a commission to expedite the development of the resources across the region.

Nile River Basin Commission

The Nile River Basin Commission (NRBC) is a permanent institutional mechanism that will be established by the Cooperative Framework Agreement (CFA) to promote the management and development of the Nile River Basin. The NRBC aims to foster cooperation among the ten Nile Basin countries, ensuring equitable distribution of water resources and addressing challenges like population growth and climate change.

The CFA will take effect 60 days after the sixth instrument of ratification or accession is deposited with the African Union Commission, which will trigger the activation of the Nile River Basin Commission. It is the duty of the Nile Council of Water Ministers to establish all necessary organs and procedures for the Nile River Basin Commission as outlined in the CFA.

Harnessing Hydropower: Opportunities for Energy Security and Economic Growth

While Ethiopia is advocating for fairness in the distribution of shared resources, it is simultaneously carried out the development of its significant historical project, the Grand Ethiopian Renaissance Dam (GERD), along the Nile River.  

The GERD project has now been successfully completed, sending an important message to other African nations. Its unique nature lies in the fact that it was constructed using local resources and by engaging the general public. Without the support of the Ethiopian people and government, this vital infrastructure would not have come to fruition, as external funding was lacking. Ethiopia financed the construction of GERD independently, challenging the injustices perpetuated by international financial institutions that seek to uphold a colonial legacy concerning the river. This is key lesson for the rest of Africans who are suffering from the bottlenecks of financial institutions that hamper their development efforts.

GERD is not only Ethiopia’s project. It is a Pan African project to support the realization of an integrated continent that is prosperous and power house of the world. The GERD project has significant economic implications for the entire region.  Ethiopia's ability to generate and export hydroelectric power could stimulate economic growth and development, potentially impacting regional trade and investment.

The GERD's potential to contribute to regional energy security is undeniable.  Ethiopia's surplus electricity generation could be shared with neighboring countries, potentially providing a new source of power for the region. 

The Grand Ethiopian Renaissance Dam represents a significant undertaking with the potential to reshape the economic landscape of the region.  While the project holds immense promise for Ethiopia's development, its successful implementation hinges on effective regional cooperation, equitable water resource management, and a commitment to addressing the concerns of downstream countries.

Need for Paradigm Shift  

Things have changed dramatically. Ethiopia has completed the Grand Ethiopian Renaissance Dam (GERD) using its own resources, but this dam isn't just for Ethiopia. It's a significant tool for development across the entire region. The energy generated from the GERD will be a major driver of growth for the whole region. Beyond providing power, the dam also offers benefits for downstream countries by preventing silt buildup and reducing water waste without impacting the flow of water.

Hence, perpetuating the colonial-era agreements on the Nile River is no longer a viable or just path forward. These old pacts were created by colonial powers and gave an unfair advantage to downstream countries like Egypt and Sudan, completely ignoring the needs of upstream nations, especially Ethiopia. This outdated way of thinking creates a "winner-takes-all" mindset that only fuels tension and makes it impossible to manage this shared resource in a fair, sustainable way. By holding on to these old agreements, Egypt and Sudan are not only isolating themselves but also threatening the stability of the entire Nile Basin.

Instead of clinging to a flawed legacy, Egypt and Sudan should come to the table and negotiate with other nations in good faith. We need a new approach based on the principles of equitable utilization and the right to shared resources. This is the only way to ensure the long-term security and prosperity of everyone in the basin. A cooperative strategy would open the door for projects that benefit everyone, like shared infrastructure and better water management. Ultimately, working together is the only way to turn the Nile from a source of conflict into a force for regional cooperation and sustainable development. It's time to finally put an end to the colonial-era rules that have dominated the Nile River dispute for far too long.

Let me conclude with the call made by Prime Minister Abiy Ahmed during the inauguration of GERD last Tuesday:

 “To our brothers in the downstream nations, to our brothers in Nubia, and our brothers in the land of Misir, Ethiopia constructed the Renaissance Dam to foster prosperity, illuminate the region, and transform the history of the Black people—not to inflict harm upon its brothers. To our brothers who have reservations, I wish to reiterate today, before the Ethiopian people, that Ethiopia will always uphold your rights. The hunger of Egypt, the hunger of Sudan, and the hunger and problems of our other brothers are also our hunger. Apart from eating and sharing together, we have no desire to benefit ourselves by harming anyone else. The past is in the past. I urge you, with a sense of trust, to stand with us in collaboration on the great works we will undertake in the future.”