Realizing the Water Security of the Nile River Basin States: Critical Analysis of Article 14(B) on the Water Security of the Nile River Basin Cooperative Framework Agreement 2010

Abstract

This PhD thesis treats the Nile River water resources as shared water resources by the eleven basin Statesnamely, Tanzania, Burundi, Egypt, Democratic Republic of Congo, Eritrea, Ethiopia, Kenya, South Sudan, Rwanda, Sudan, and Uganda. These water resources are key and central to the livelihood of the basin‟s 247 million people. The increasing demand on the Nile water resources and the new challenges on the availability and use of the Nile watersrequires cooperation by all Nile countries in the management, joint planning and equitable use of the basin‟s shared water resources to ensure the availability, accessibility and resolution of any conflict that might arise in order to realise the water security of the basin States. The main problem in the Nile River basin today is the threat to the water security of the basin States as there is no permanent mechanism (legal and institutional) arrangement acceptable to Nile countries to enable cooperation and joint planning in the management and equitable use of the Nile waters. There is therefore need to develop a new Nile River Basin Regime based on the international water law to provide guiding principles, norms and rules to ensure cooperation, joint planning,equitable use of the basin‟s water resources and peaceful coexistence of the basin States. Lack of acceptable legal and institutional framework has lead to mistrust and tension among the basin States. The new Nile River Basin Regime should enable the basin States to balance the existing water uses and potential uses, on one hand and the balance of the right to equitable useof Nile waters and prevention of harm on the other hand. The two balances would require the use of international water law and science to inform the policy and the development of the new Nile River Basin Regime to enables the basin States realize their water security. The main objective of this study therefore, is to examine and critically analyse the unresolved Article 14(b) on the water security of the Signed Nile River Basin Cooperative Framework Agreement (CFA 2010) and to develop a new Nile River Basin Regime that would provide the way forward in solving article 14 (b) and to enable the basin States realise their water security. The methodology used in this study was direct interviews with Nile Council of Ministers, their Technical Advisors and other representatives of institutions whose activities touches on the development and management of the basin‟s water resources from all basin States except Eritrea which acted as observer, analyzed the survey done by the Nile Basin Initiative Secretariat on the acceptability of the CFA 2010. This thesis also identified area of further research as use of NB DSS and international water law to determine the water allocation of the basin States. This thesis therefore, concludes that “The realization of the water security of the Nile basin States requires the cooperation of Nile countries, in the development and management of its waters to ensure the availability of its equitable use, joint planning and balancing of the current uses and potential uses to ensure peaceful accessibility of the Nile River waters, and early management and resolution of any conflict that might arise”.