Ethiopia: From Nile Basin Initiative to the Commission

Addis Ababa — The pressing need to accelerate the establishment of a Nile Basin Commission topped the issues at this year’s Nile Day celebrations on Feb. 22 in the Ethiopian capital, Addis Ababa.

President Taye Atskesilassie of Ethiopia, who was chief guest at the regional celebrations, led the chorus saying the Nile Basin countries should remain resolute in their commitment to cooperation and to work towards establishing a permanent Nile River organisation.

“This organisation would provide a strong institutional framework for coordinated management, dispute resolution, and long-term strategic planning for our shared waters,” he said.

Habtamu Itefa, the Ethiopian Minister of Water and Energy noted that one of the biggest achievements for the Nile Basin countries will be working together to transition the Nile Basin Initiative (NBI), the institution that has been running the affairs of the 10 riparian countries of the Nile Basin since 1999, into a commission.

“We should have an institution that is going to help us, serve us, for everyone in the River Basin,” he said. According to him, the process to establish the Commission that is going to govern the 6,650km long water system is on the right track.

As part of the process, on July 8 last year, the South Sudanese parliament– the Transitional National Legislative Assembly (TLA) — ratified the Nile Cooperative Framework Agreement (CFA), a modern day treaty that outlines the principles, rights and obligations for cooperation, management and development of the River Nile’s water resources.

The South Sudanese government followed up its decision by depositing its instrument of ratification at the African Union’s Legal Counsel Offices in Addis Ababa on August 14, last year.

South Sudan’s signing of the treaty meant that six countries of the substantive 10 Nile Basin member states have now signed and ratified the agreement which came into being on May 14, 2010. This was after Ethiopia, Tanzania, Uganda and Rwanda signed and endorsed it in Entebbe, Uganda. They were later joined by Kenya and Burundi. However, each of the signatories also had to ratify the agreement. Egypt, the DR Congo, Kenya and Sudan are yet to ratify the CFA.

In effect, the new treaty seeks to replace the colonial agreements of 1902, 1929 and 1959. These agreements have been said to favour both Egypt and Sudan on the use of the River Nile water resources. But Egypt and Sudan remain opposed to the CFA and are yet to sign the new treaty.

Following South Sudan’s ratification of the CFA which means that the threshold for enforcing the CFA (six member countries) is now in place, the River Nile Basin was also set to get a fully-fledged Commission last October to replace the NBI.

Why Nile Summit was called off

The official announcement for the establishment of the commission was meant to be made during the second Nile Basin heads-of-state summit in Kampala but following President Yoweri Museveni’s consultations with his Egyptian counterpart, the summit was called off.

Speaking at the Nile Day celebrations in Addis Ababa, Prof. Hani Sewilam, the Egyptian Minister of Water Resources and Irrigation commended Uganda’s President Yoweri Museveni for postponing the summit.

Prof. Sewilam said President Museveni’s decision “reflects a profound commitment to the shared vision of restoring inclusivity within the Nile basin, as he (Museveni) rightly emphasised that the postponement decision was taken to allow for further consultation among the member states, ensuring that all parties have ample time to address their concerns and contribute meaningfully to the ongoing dialogue.”

The Egyptian minister noted that commemorating the Nile Day is “a poignant reminder of the shared vision; a vision anchored in cooperation, mutual prosperity and sustainable development for the people of the Nile Basin.”

“This occasion presents an invaluable opportunity to re-affirm our dedication to dialogue, partnership and collective action as we navigate both the challenges and opportunities that lie ahead,” he said. “But it underscores the indispensable importance of our collective efforts in forging solutions as we advance towards the future.”

“The theme of this year’s celebration strengthens the united cooperation for climate resilience and shared prosperity, underscores the integral necessity of unifying action among the Nile Basin countries.”

Prof. Sewilam noted that the theme also highlights the imperative of fostering and growing cooperation to address shared challenges, particularly the global threat posed by climate change and its profound impact on vital global resources.

“A collective approach is essential not only for mitigating the adverse effects of climate change, but also for harnessing the full potential of the united resources to drive sustainable development and regional prosperity.”

By working together, he said, the Nile Basin can fortify the nations’ resilience against transnational development challenges and cultivate a climate of peace and stability, both of which are fundamental to our shared aspirations for a more secure global climate.

Sewilam said Egypt’s longstanding engagement with the Nile Basin countries is deeply rooted in history, characterised by cooperation in trade, cultural exchange, scientific innovation and diplomacy.

“Throughout this rich legacy, Egypt has been a steadfast producer of collective action and regional integration and exemplified by our participation in the Nile Basin Initiative in 1999,” he said, “Our country has made significant financial, technical and political support to the Nile Basin, helping to fortify it into the resilient institution that serves as a core principle of cooperation today.”

Egypt’s point of departure

However, Prof Sewilam noted that, in 2010, Egypt was unable to “increase its participation in the NBI’s technical activities due to deviations from the consensual cooperative principle upon which it initially was founded.”

Specifically, he said, the deviation arose from (a lack of) consensus during the drafting of the cooperative agreement. He said this diversion led to an imbalanced framework that veered “towards unilateralism, disregarding the essential interests of downstream nations and undermining the spirit of cooperation.”

He said selective application of international law ignores the current principle of cooperation, which includes the duty to consult and to conduct socio-economic and environmental impact studies on land issues.

“Egypt not only respects the right of all other riparian countries to develop, but also actively supports their growth and progress. In return, Egypt seeks to have its own fundamental right to life and livelihood considered and approved. Egypt is simply seeking to have its own fundamental right to life and livelihood considered and approved,” he said.

Prof. Sewilam said Egypt was happy with the recent decision taken by the Nile Council of Ministers to launch a consultative process in regards to the Cooperative Framework Agreement.

Dr. Callist Tindimugaya (PhD), the Commissioner for Water Resources Planning and Regulation in Uganda’s Ministry of Water and Environment who is also the current chairperson of the Nile Technical Advisory Committee (Nile-TAC) confirmed to The Independent the new engagement among the riparian countries.

“Yes, indeed, we have 10 Nile Basin countries; six countries have ratified and submitted the instruments of ratification to the African Union. And the agreement had a provision that if six member states submit their instruments of ratification, then the commission can be formed,” he told The Independent on the sidelines of the Nile Day celebrations in Addis Ababa.

“But still, we have four member states that are yet to sign and they are part of the Nile Basin Initiative.”

Dr. Tindimugaya said the Nile Basin Commission technically came into force on October 13, 2024, but the Nile Council of Ministers guided that the commission’s establishment should go hand-in-hand with the winding down of the Nile Basin Initiative.

“We expect the transition period might go on for one or two more years. So, you don’t stop the NBI because it has obligations; there are already projects going on, contracts with development partners but also, we are using this period to continue engaging the four member states that are yet to ratify the CFA.”

He said the Nile Council of Ministers agreed last November to engage Egypt, DR Congo, Kenya and Sudan, the countries that are yet to ratify the CFA, to ensure they are brought on board. “The engagements are going on. So, you may not see the Commission yet but the processes are going on. We want to make sure that everybody is onboard.

Dr. Tindimugaya said the engagement of the four countries would begin in earnest. He said the Nile Council of Ministers delegated Uganda, Rwanda and South Sudan to engage the four countries. “So, we are on track and we want to make sure that everybody is on board,” he said.

There are also other processes; you have to review the laws and structures,” he told The Independent. “There is a roadmap in place and we are implementing it. We believe that we are stronger together. You can see this through the meetings we have been holding during the Nile Day celebrations. All countries are present at both technical and ministerial level. That is a demonstration that even when we have differences, we can still work together.”

“There will not be a situation that you don’t have any differences with your partners; what’s important is how you address the differences and that is what the ministers have been doing supported by the Technical Advisory Committee.”

Nile River shouldn’t become source of tension

Speaking on behalf of development partners that work with the Nile Basin Initiative, Heiko Nitzschke, Germany’s Special Envoy to the Horn of Africa noted that the only solution to improving the adverse impacts of climate change in the Nile Basin lies in increased cooperation.

“Cooperation that we, the development partners, remain committed to support,” he said.

“We welcome the ongoing consultation process facilitated by the Nile Council (of Ministers) on the future cooperation and institutional arrangements in the Nile Basin. We encourage all members of the Nile Basin Initiative to make use of this consultation process to address the outstanding and potential issues of the mutual region.”

“In a region that sees enough challenges, water should not become yet another source of tension. On the contrary, going forward in a cooperative plan has shown the effect that the Nile Basin region will be strong.”

“We know better than any group that all Nile Basin countries, upstream and downstream, stand to benefit from cooperation and to lose from confrontation,” he said, adding that: “It is high time that the potential that basin-wide cooperation holds for the region is fully unlocked. This will require political will and commitment.”

Cooperate or perish

Pal Mai Deng, South Sudan’s Minister of Water and Irrigation said despite the challenges, cooperation provides the best mechanism to respond, develop the Nile’s resources in a sustainable and equitable manner, and ensure that the Nile continues to flow as a vital resource for all people, now and in the future.

“Through shared knowledge, resources, and technical expertise, we can address issues of water scarcity, manage droughts and floods, and develop joint solutions to the environmental and socio-economic issues that we face,” Deng said.

He said one of the key milestones in the NBI’s journey of cooperation was the completion of the ratification of the Cooperative Framework Agreement (CFA) which lays a solid foundation for an institutional and legal framework for sustainably managing and developing the Nile Basin’s resources for the benefit of all riparian countries.

“This achievement provides a critical basis for moving forward, and it is a testament to our shared commitment to cooperation and peaceful collaboration. It also paves way for the establishment of the Nile River Basin Commission which will form the new institutional framework for our cooperation going forward,” he said.

Speaking on behalf of Dr. Valentine Uwamariya, the Minister of Environment of Rwanda, Assumpta Uwera, the First Counsellor of the Rwandan Embassy in Ethiopia noted that the shared vision of peace and sustainable development in the Nile Basin depends on mutual trust, transparency, and collaboration. “Through stronger partnerships and open dialogue, we can address common challenges, optimise resource use, and ensure long-term benefits for all,”she said.

For Mathew Kundo, Tanzania’s Deputy Minister for Water, it is important that people in the Nile Basin continue living within the confines of the African Ubuntu philosophy (I am because we are). This wisdom, Kundo said, promotes values of respect, compassion, solidarity, mutual responsibilities and shared humanity for common prosperity.

Tanzania, he said, is fully aware of the fact that sustainable joint integrated water resources management and development programmes significantly contribute towards economic prosperity, and peaceful co-operation in all riparian states.

“The scarce water resources therefore call for cooperative commitment to ensure optimal and equitable utilization of the common waters. Hence, a strong management framework is inevitable in order to have a water secure Nile Basin,” he said.

Kundo also said Tanzania wants the Nile Basin member states “to continue supporting the NBI with patriotism, paying country contributions, being good ambassador of the Nile, and strengthening cooperation.” “The Nile Basin balance sheet of arrears is alarming and portrays that there is a disease each member state should fight. The ability is within our means,” he said.