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Africa: Clause Holds Key to New Nile Treaty
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The Nation (Nairobi)
28 March 2008
Posted to the web 28 March 2008
Joseph Ngome
Nairobi
Scholars and politicians in the River Nile Basin are puzzled over the controversial Nile River Treaty signed in 1929 between the British and the Egyptian governments.
The treaty, which was to be amended in recent years, has remained contentious with the nine riparian states from Burundi to Egypt despite cooperation being fostered with support from the international community.
The establishment of Nile Basin Initiatives in 1999 - which brought the nine countries together - is now being used as a carrot by countries in the upper areas to entice those in lower areas which have maintained a hard-line stand.
Seven countries have agreed on the contentious Article 14 (b) on water security which obligates other states "not to cause significant harm to water security of any other Nile Basin countries".
However, Egypt and Sudan maintains that the sub-article should read thus: "Not adversely affect the water security of current users and rights of the Nile Basin countries."
The chair of the Nile Council of Ministers (Nile-Com), Ms Maria Mutagamba says that a technical team from nine riparian countries working on the revision of Nile River Treaty of 1929 have reached agreement in all the other Articles of the treaty except Article 14 (b) the agreement.
The Nile Basin Initiative was founded on the recognition that the basin, which is home to 160 million inhabitants, is characterised by rapid population growth and environmental degradation.
It was meant to foster greater economic and regional integration in the Nile Basin to ensure peace and security.
Initially, scholars and politicians across the upper stream countries had called for a review, overhaul or revision of the treaty which was first revised in 1959, 30 years after it was signed.
The donor community has since provided Sh9.8 million ($140 million) for the Shared Vision Programmes (SVP) and Subsidiary Action Programmes (SAPs) through the Nile Basin Trust Fund.
In the Sio-Malaba-Malakisi River Basin, which seats across the Kenya and Uganda borders, the fund has been supporting several investments projects including Angurai water project in Teso District. Further south, the Mara River Basin project in the Kenya-Tanzania border is also financing the building of a sewerage plant and water supply system in Bomet municipal council among others.
The negotiations team from seven out of nine member countries have reached consensus in almost all articles but two countries remained adamant in one sub-article and have withheld their signatures which could legitimise the fresh agreement.
The team has been working on the Nile River Basin Cooperative Framework that will upon signing change the status of the Nile Basin Initiative.
Controversy over the remaining section has made it impossible for the transformation of the initiative into the Nile Commission. Three members of Nile-Com from Ethiopia, Sudan and Uganda agree that the only way out of the deadlock is for the Heads of State of the nine member countries to meet over the issue.
The three ministers of water resources in their respective countries who spoke to journalists in Addis Ababa, Ethiopia observed that confidence and trust to foster cooperation among the nine countries must be created.
Nile Basin brings '0 countries along the Nile River Basin (Burundi, DR Congo, Egypt, Ethiopia, Kenya, Rwanda, Sudan, Tanzania and Uganda) but Eritrea still attends the forums as an observer.
Work on the Nile River Basin Cooperative Framework started nine years ago but the sticky issues have not been resolved despite assistance from UNOPS.
The misunderstanding surrounding the cooperative framework has also slowed down the pace of the work since the Heads of States of the 10 countries have failed to meet over the issues, dragging the signing of Cooperative Framework that would govern the development and management of the Nile that will move it from the current transitional arrangement..
Deadlock
Ms Mutagamba admits that the Heads of State will have to meet over the issue and bring the parties to agree on the remaining part of the framework.
"As at now we are at a deadlock over the sub-article," she said.
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"We can assure you that about 99 per cent of the work has been done and the small part remaining will be dealt with soon. The part may need intervention and negotiations by the Heads of State of the nine countries to thrush it out".
Ms Mutagamba says that technical and taskforce committees have worked on 39 articles and 66 sub-articles with only article 14 (b) remaining thorny to date.
"The member countries see River Nile as a source of unity and cooperation. This is the spirit that the cooperative framework should champion to pave way for a permanent Nile Commission," said Ms Mutagamba.
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