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The Nile Basin
World’s longest river (6,650 km);
global cultural & environmental assets
Shared by 10 countries
Burundi D.R. Congo Egypt (Eritrea)
Ethiopia Kenya
Rwanda
Sudan
Tanzania
Uganda
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300 m people (600m by 2025)
Region of Extremes
Poverty: 5 of 15 poorest in world
High variability & climate change
Landscape vulnerability
Conflict: 7 countries
Very limited infrastructure….
10% HEP potential developed
15% population with electricity
< 10% irrigable land irrigated
(except Egypt & Sudan)
provisions are balanced and applicable.
The Nile River basin riparian states agreed to go to the
negotiation table in order to come up with an agreement
that has been freely negotiated and acceptable to them.
Such an agreement would forestall the rights of the
riparian States to utilize the shared water resources of
the Nile River system in an equitable and reasonable
manner and further put duty on the basin States not to
cause significant harm to other riparian States. The two
articles therefore balances the Right of the basin states to
utilize the basins water resources with a duty not to cause
significant harm to other riparian states. This can only be
achieved if the basin states cooperate under the guidance
of a binding Agreement that provides the rights and
duties of the basin states as provided in the negotiated
Nile River Basin Cooperative Framework 2010 that
today has been signed by six countries namely Burundi,
Ethiopia, Kenya, Rwanda, Tanzania, and Uganda and fully
ratified by the Republic of Ethiopia while the remaining
five countries of Uganda, Kenya, Burundi, Rwanda and
Tanzania are in their final stages of ratifications. Article
4 and 5 therefore, if implemented will give the required
water security for the basin states.
Further articles 4 and 5 together with article 10 and 16
allows for the development of a new Nile River basin
regime. The new Nile River Basin regime providing
additional rules (both substantive and procedural rules),
Norms (the expected behaviours of the basin states that is
cooperation, equitable utilisation of the shared basin water
resources and causing no significant harm to other basin
states) based on principles of international water law and
joint planning on the development and use of the Nile
River shared water resources on the projects that could
cause significant harm to other basin states.
The additional advantage of the basin regime once the
Agreement is in force is that unlike the basin Agreement
that is adopted through consensus the basin regime enjoys
the rules of unanimity that is all the basin states must clear
a particular project as in the case of Niger River basin
Regime. It is the development of the new Nile River Basin
Regime that will resolve article 14(b) on the water security.
In order to resolve article 14 (b) on the water security to
enable all the Nile River Basin states to ratify or accede to
the CFA 2010, it is important that a new Nile River Basin
Regime be developed and added as an addendum to the
CFA 2010 as was done to the Niger River Basin.
About the Author
Dr. John Rao Nyaoro is a Consultant in Water Law and Policy
Africa Water, Sanitation & Hygiene • July - August 2017
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