New Cooperative Framework Agreement to establish The Nile River Basin Commission despite downstream states' limits of agreements
Drake Nyamugabwa
Following the fulfillment of the 6 riparian states required, the Cooperative Framework Agreement (CFA) will enter into force, with Nile Basin member states especially the upstream acquiring rights “the right to use water within their territories, the waters of the Nile River System in a manner that is consistent with the other basic principles referred to herein”
Burundi and South Sudan last ratified the
While the Cooperative Framework Agreement (CFA) outlines principles, rights, and obligations for cooperative management and development of the Nile Basin water resources, it envisages the establishment of a permanent institutional mechanism, which will be known as The Nile River Basin Commission (NRBC) aimed at promoting and facilitating the full implementation of the agreement among member states.
According to the CFA, “The Commission would serve to promote and facilitate the implementation of the CFA and to facilitate cooperation among the Nile Basin States in the conservation, management and development of the Nile River Basin and its waters, as an institutional body that will promote and coordinate cooperation among the Basin States concerning Nile governance”
The Commission will comprise organs including the Conference of Heads of State and Government, the Council of Ministers, the Technical Advisory Committee, Sectoral Advisory Committees, and the Secretariat while succeeding to the rights, obligations and assets of the Nile Basin Initiative
While opening the 32nd Nile Council of Ministers meeting held on 2nd August 2024 in Kampala, Uganda, The Vice President of Uganda, H.E Jessica Alupo while congratulating the Nile Basin Initiative (NBI) for celebrating 24 Years, applauded them for the achievements realized over the years and called for strengthening the cooperation.
“I wish to congratulate the Republic of Burundi and the Republic of South Sudan for ratifying and acceding to the Cooperative Framework Agreement respectively. Your actions indeed demonstrate your commitment to Nile Cooperation” she said.
The Vice President called upon the other countries that have not ratified the agreement to join to have an all-inclusive legal framework including Egypt and Sudan who historically followed in Britain’s footsteps and concluded the 1959 Agreement, effectively institutionalizing the same power balance.
“While Nile Basin States are sovereign and the decision to ratify the CFA entirely lies with them, I still wish to take this opportunity to request the countries that have not yet ratified the CFA to consider doing so to enable us have an all-inclusive legal and institutional framework. In particular, I wish to call upon Egypt that froze its participation in the Nile Basin Initiative activities, to resume its participation in NBI activities to provide an opportunity to discuss her concerns and find ways of effectively resolving any pending issues” she said
The agreement according to experts allocated the entire flow of the Nile waters between Egypt and Sudan, without considering the interest of the nine upstream states that share the watercourse.
The Chairperson of the Nile Basin Council of Ministers (NILE COM), Hon. Sam Cheptoris, Minister of Water and Environment, Uganda, said the Nile Council of Ministers meeting the meeting aimed to review and take key decisions regarding the current and future of Nile Cooperation and approve key strategic documents to achieve the objective of establishing a Nile Basin Commission, which he said requires collective efforts at country and regional levels.
The Chairperson said that during his term of office for the last one year the NILE COM have undertaken a number of diplomatic engagements with our development partners that have supported the Nile Basin Initiative over the last 25 years INCLUDING the Germany Government in Berlin, the European Union in Brussels and more recently with the World Bank among others.
“These engagements aim to get the partners to appreciate the progress the NBI has made over the years with their support, dispel the negative publicity about Nile Basin Initiative and Nile Cooperation by one Nile Basin State, and seek additional technical and financial support to the NBI activities,” he said
Hon. Pal Mai Deng, Minister, Ministry Of Water Resources And Irrigation Republic Of South Sudan said that his country is committed to the NBI shared vision, and we pledged to work in support of NBI’s endeavors to promote joint investment and basin-wide cooperation.
He added that South Sudan’s National Parliament ratified and passed the CFA on the 8th of July and submitted it to the president on the 12th of July for signature.
According to the CFA article 3, 6 The Nile Basin States have the right to use water within their territories, the waters of the Nile River System in a manner that is consistent with the other basic principles referred to herein.
The Agreement imposes several obligations on the Nile Basin States, including an obligation to protect and improve the water quality of the Basin, to prevent the introduction of any alien or new species into the River System, which may have detrimental effects on its ecosystems, and to protect and conserve wetlands within the Basin.
Nile Basin Initiative (NBI)
The NBI was established in 1999 by the Council of Ministers of Water Affairs of the Ten Basin States as a Transitional Institutional Mechanism of the Nile Basin Initiative pending the conclusion of the Cooperative Framework Agreement.
The current 10-year NBI strategy 2017-2027 focuses on six transformative pillars or Priority Goals including; Water security, Energy security, Food security, Environmental sustainability, Adaptation to climate change, and Transboundary water governance.
The Nile.
The Nile is a transboundary resource that cris-crosses 11 countries of Burundi, the Democratic Republic of Congo, Egypt, Eritrea, Ethiopia, Kenya, Rwanda, South Sudan, Sudan, Tanzania, and Uganda covering 10% of the Continent of Africa.
It is 6,695 Km long, by discharge, the Nile flow is approximately 7% of the Congo River’s freshwater discharge that enters the Atlantic Ocean.
Downstream States’ agreement limits.
The downstream States have maintained the status quo established by the 1902, 1929, and 1959 agreements collectively, “the existing Nile Waters Agreements”. During the scramble for Africa, Britain signed the 1902 Treaty with Ethiopia and the 1929 Treaty with Egypt and set the rules of the Nile game, prohibiting upstream States from utilizing the waters of the Nile without the consent of those downstream.
The agreement here: https://www.internationalwaterlaw.org/documents/regionaldocs/UAR_Sudan1959_and_Protocol1960.pdf
After decolonization, Egypt followed in Britain’s footsteps and concluded the 1959 Agreement with Sudan, effectively institutionalizing the same power balance. This Agreement allocated the entire flow of the Nile waters between Egypt and Sudan, without considering the interest of the nine upstream states that share the watercourse.
