an analysis of hydropolitics of the nile:...

95
AN ANALYSIS OF HYDROPOLITICS OF THE NILE: THE ROLE OF SOUTH SUDAN AS AN ADDITIONAL RIPARIAN STATE OPANGA VALENTINE R67/35470/2010 A PROJECT SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF THE BACHELOR OF ARTS IN INTERNATIONAL STUDIES, INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES (IDIS), UNIVERSITY OF NAIROBI AUGUST, 2014

Upload: phamdat

Post on 17-Apr-2018

220 views

Category:

Documents


4 download

TRANSCRIPT

Page 1: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

AN ANALYSIS OF HYDROPOLITICS OF THE NILE:

THE ROLE OF SOUTH SUDAN AS AN ADDITIONAL RIPARIAN STATE

OPANGA VALENTINE

R67/35470/2010

A PROJECT SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS

OF THE BACHELOR OF ARTS IN INTERNATIONAL STUDIES, INSTITUTE OF

DIPLOMACY AND INTERNATIONAL STUDIES (IDIS),

UNIVERSITY OF NAIROBI

AUGUST, 2014

Page 2: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

ii

DECLARATION

This dissertation is my original work and has not been submitted for examination to any

institution of higher learning.

………………………………………… …..………………………

Opanga Valentine Date

This research project has been submitted for examination with my approval as the university

supervisor.

………………………………………….. …………………………….

Martin Nguru Date

Page 3: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

iii

ACKNOWLEDGEMENT

It takes a great team of skilled and dedicated people to see a concept and turn into reality. I have

been blessed to have such a team and I appreciate each and everyone who has contributed to this

research.

First, I would like to thank God for His grace which has manifested in my life as the loving

support of many people who have stood by me as demonstrations of unconditional love.

I would like to thank my supervisor Mr. Martin Nguru who poured immense advice and helped

me clear my project. Thank you for your support, for your generosity with time, directions and

advice and guidance during the course of this research.

Appreciation goes to Dr. Ibrahim Farah for his contribution to this project. He has helped build

an infrastructure that has greatly contributed to my academic endeavors. I thank you for the

investment you have made in me; each and every success I have known is part of your legacy.

To my parents and siblings, I am grateful to you for laying the strong foundations on which most

of what I do is built. Thank you for the values of integrity and discipline that you instilled in me.

Thank you all for making this research a success.

Page 4: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

iv

DEDICATION

This research is dedicated to my loving parents. To dad, the late “Sir” Walter Raleigh Opanga,

thank you for building a strong foundation in my life. To my mum Ruth Opanga, thank you for

being an incredible mum; I would have not been who I am without your guidance and advice.

To my sisters and brothers, thank you for believing in me. You inspire me to greater heights;

your friendship and love make each living day a gift. You are not only beautiful on the outside

but also on the inside. I love you all.

Page 5: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

v

ABSTRACT

The aim of this research was to analyze the hydro-politics of the Nile with a focus on South

Sudan. The central question examined the role of South Sudan as a middle riparian state in the

hydro-politics of the Nile. In this thesis, hydro-politics of the Nile are compared to those of other

trans-boundary rivers i.e. hydro-politics of the Zambezi river.

The findings indicated that before its independence, the Nile had 10 riparian states; after

South Sudan‟s independence, the Nile riparian states increased to eleven. South Sudan‟s

independence comes at a time when there are tensions amongst Nile riparian states; there also

lacks of an international legal agreement to guide the distribution, use and control of the Nile

river water.

For the longest time, hydro-politics of the Nile have been dominated by downstream

countries, thereby leaving the upstream countries out of key decision making processes. Water

sharing has therefore been and continues to be the foundation upon which conflicts in the Nile

basin region emerge. There continues to be threats of war and tensions between the upstream

countries who are fighting for equitable use and distribution of the Nile River water while the

downstream countries continue to dominate the Nile based on the 1959 Treaty.

This study concludes that state interests have over time become much more important

than state positions; therefore, South Sudan as a middle stream state has a responsibility to bring

all Nile riparian states on table so that they can negotiate a lasting solution to the river Nile basin

conflict besides negotiating a lasting peace.

Page 6: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

vi

LIST OF ABBREVIATIONS

BCM Billion Cubic Meters

CBOs Community-Based Organizations

CFA Cooperative Framework Agreement

CSO Civil Society Organization

DM Decision Making

DRC Democratic Republic of Congo

ENB Eastern Nile Basin

GERD Grand Ethiopian Renaissance Dam

IWMI International Water Management Institute

NBI Nile Basin Initiative

NGOs Non Governmental Organizations

TECONILE Technical Cooperation for the Promotion of the Development and

Environmental Protection the Nile River Basin

UNEP United Nations Environmental Program

UN United Nations

WB World Bank

WUA Water User Associations

Page 7: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

vii

LIST OF TABLES

Table1: A Summary of the Time Sequence of Hydro politically Relevant Events (1891-

2013).Error! Bookmark not defined.

Table 2: A Summary of International Legal Aspects of the Nile……………………………

............................................................................................................ Error! Bookmark not defined.

Table 3: A summary of the Preferences of Players in the Nile Basin Hydro-politics ................. 40

Page 8: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

viii

TABLE OF CONTENTS

Declaration ..................................................................................................................................... iii

Acknowledgement ........................................................................................................................ iiii

Dedication ...................................................................................................................................... iv

Abstract ........................................................................................................................................... v

List of Abbreviations ..................................................................................................................... vi

List of Tables ................................................................................................................................ vii

CHAPTER ONE

INTRODUCTION TO THE STUDY

1.1.Background Information ........................................................................................................... 1

1.2 Statement of the Research Problem .......................................................................................... 2

1.3. Objectives of the Research ....................................................................................................... 3

1.3.1.Overall Objective ................................................................................................................... 3

1.3.2.Specific Objectives ................................................................................................................ 3

1.4. Justifications of the Study ........................................................................................................ 4

1.4.1. Policy Justifications .............................................................................................................. 4

1.4.2. Academic Justifications ........................................................................................................ 4

1.5.Literature Review...................................................................................................................... 5

1.5.1. Literature on the Nile basin conflict ..................................................................................... 5

Page 9: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

ix

1.5.2. Literature on the actors, issues and processes in the River Nile basin conflict .................... 7

1.5.3. Forms of Cooperation in the Nile ......................................................................................... 8

1.5.4. South Sudan‟s Position over the use of the River Nile Water .............................................. 9

1.5.5. Literature gap ...................................................................................................................... 10

1.6.Theoretical Framework ........................................................................................................... 11

1.6.1. Game theory ........................................................................................................................ 11

1.6.2. Theories of International Law on International Water Courses .......................................... 13

1.7. Hypotheses ............................................................................................................................. 14

1.8 Research Methodology ........................................................................................................... 14

1.9S cope and Limitations............................................................................................................. 15

1.10. Chapter Outline .................................................................................................................... 15

CHAPTER TWO

HYDRO-POLITICS OF THE NILE BASIN: AN OVERVIEW

2.1. Introduction ............................................................................................................................ 17

2.2. The Nile Basin Conflict: An overview .................................................................................. 17

2.3. Hydro-politics of the Nile ...................................................................................................... 19

2.4. Effects of the Nile basin conflict on the Socioeconomic Development of the Nile Riparian

states .............................................................................................................................................. 21

2.5. International Legal Aspects of Trans-boundary Rivers: The Nile River Conflict ................. 22

2.6. The importance of Non- State Actors in the Nile basin conflict............................................ 24

2.6.1. The Role of Community Based Organizations and Non Governmental Organizations in the

Nile hydro-politics ........................................................................................................................ 24

Page 10: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

x

2.6.2. The Role of Development Partners and Financial Institutions in the Nile basin conflict

Hydro-politics ............................................................................................................................... 26

2.7. Conclusion ............................................................................................................................. 27

CHAPTER THREE

THE ROLE OF SOUTH SUDAN AS AN ADDITIONAL RIPARIAN STATE

3.1. Introduction ............................................................................................................................ 29

3.2.The Importance of the Nile to South Sudan............................................................................ 29

3.3.The Use of the Nile Waters ..................................................................................................... 31

3.3.1.South Sudan ......................................................................................................................... 32

3.3.2.Other Riparian states ............................................................................................................ 32

3.4.Hydro-politics of the Nile: Actors, Issues and Perspectives ................................................... 33

3.4.1. The rise of China in the Horn of Africa Region ................................................................. 33

3.4.2. South Sudan ........................................................................................................................ 34

3.4.3. Water Stress ........................................................................................................................ 34

3.5. Players, Options and Preferences: Application of Theory ............................................. 35

3.5.1. Players and Options ............................................................................................................ 35

3.5.1.1. Upstream Nations............................................................................................................. 35

3.5.1.2. Ethiopia ............................................................................................................................ 36

3.5.1.3. Sudan (North)................................................................................................................... 37

3.5.1.4. Egypt ................................................................................................................................ 38

3.5.2.South Sudan ......................................................................................................................... 38

3.5.2.1 Preferences ........................................................................................................................ 39

Page 11: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

xi

3.6. The role of South Sudan in the Nile diplomatic game ........................................................... 41

3.7. Cooperation in the Nile Basin Region: The Nile Basin Initiative (NBI) and the

Comprehensive Framework Agreement (CFA) ............................................................................ 43

3.7.1 The NBI and the CFA .......................................................................................................... 43

3.7.2. South Sudan‟s Legal Rights under the CFA ....................................................................... 46

3.8. National Strategies towards Water Resources in the Nile Basin Region............................... 46

3.9. Conclusion ............................................................................................................................. 48

CHAPTER FOUR

AN ANALYSIS OF THE HYDROPOLITICS OF THE NILE RIVER

4.1. Introduction ............................................................................................................................ 49

4.2. Emerging Issues ..................................................................................................................... 49

4.2.1. Complexity of the Nile Basin Hydro politics ..................................................................... 49

4.2.2. Egypt-Ethiopia Conflict ...................................................................................................... 51

4.2.3. Significance of South Sudan as a new actor in the Nile Hydro-politics ............................. 55

4.2.4. The Nile Basin Initiative and the Comprehensive Framework Agreement: Lessons Learnt

....................................................................................................................................................... 57

4.2.5. Water Security in the Nile................................................................................................... 58

4.2.6. Agriculture .......................................................................................................................... 59

4.2.7. Security Threats in Africa: The Horn of Africa and the Middle East Regions ................... 60

4.2.8. Other Issues ......................................................................................................................... 63

4.3. Conclusion ............................................................................................................................. 66

Page 12: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

xii

CHAPTER FIVE

SUMMARY, CONCLUSIONS AND RECOMENDATIONS

5.1. Summary of Chapters One to Four ........................................................................................ 67

5.2. Key Findings .......................................................................................................................... 69

5.3. Recommendations .................................................................................................................. 70

Appendix 1: Nile Basin Countries ................................................................................................ 73

Appendix 2: The Grand Ethiopian Renaissance Dam .................................................................. 74

Bibliography ................................................................................................................................. 75

Page 13: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

1

CHAPTER ONE

INTRODUCTION TO THE STUDY

1.1. Background Information

Conflicts are prevalent in society; they usually arise from an incompatibility of goals between

two or more people or groups of people, ideas or interests. When an inherent incompatibility of

interests, values and objectives of two or more characters or forces takes place, a conflict is

inevitable. 1

Therefore, the term „conflict‟ may be defined as an antagonism that occurs between

two or more adversative peoples, groups, ideas and interests as a result of an incompatibility of

goals.

Natural resources based conflicts account for a big percentage of conflicts that occur in

Africa and have resulted from oil and minerals in many countries in Africa. Examples include

conflicts over diamonds in Angola, oil in Nigeria and Angola, and gold and other minerals in

DRC Congo. Water as a natural resource has increasingly become a source of conflicts not only

in Africa but also the world over. In an ideal world, water is supposed to be uniformly distributed

and easily accessed by all parties involved. In reality, there is a challenge in water sharing

because of the increasing demand for water which results from an increase in population

especially in Africa.

When shared water source are neither evenly distributed nor effectively managed,

conflicts are bound to occur amongst riparian states. The Nile river riparian states have many at

times experienced numerous conflicts resultant from uneven distribution of water, management

and control of the river Nile; the downstream countries which do not contribute water to the Nile

1 Mwagiru M., Conflict: Theory, Processes and Institutions of Management, (Nairobi: Watermark, 2006), p 1.

Page 14: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

2

control the Nile waters while the upstream countries which contribute to the flow of water to the

River Nile are left out of all processes that relate to distribution and control of the river.

In this region, the demand for water is aggravated by an increase in population growth,

rising economic development, increased levels of poverty, political instability and the changing

regional values that have deepened competition over water resources. Water scarcity has become

part and parcel of some countries‟ national interests and foreign policies. For example, Egypt‟s

national interests and thereby its foreign policy is centered on the issue of water security.

The recent trend in the increase in competition over water resources is likely to lead to

more future conflicts over shared water supplies. This study seeks to explore the relationship

between South Sudan and the Nile basin hydro-politics. The recent independence of South Sudan

is bound to have effects on the conflict that exists amongst the Nile riparian states. This research

therefore seeks to investigate the role that the new state of South Sudan plays in the hydro

politics of the Nile basin region.

1.2. Statement of the Research Problem

Conflicts, especially trans-boundary natural resource based conflicts, create a focal point to the

study of international relations of African countries. Such conflicts have in the past had adverse

political, social and economic consequences among the riparian states and the African region as

a whole. In the Nile river basin, continuous wrangles between Ethiopia and Egypt over the use of

the Nile river have had numerous undesirable effects on every sector of the economy and the

security of African states in the region.

The Nile is Egypt‟s source of life but its control is in the hands of other governments.

Turton argues that Ethiopia controls 86 percent of all water entering Egypt whose population has

Page 15: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

3

been growing rapidly.2 The control and equitable use of the river Nile water amongst the riparian

states has been a long standing issue in the region. To Egypt, the control of the Nile is a matter of

national and cultural pride. This has contributed greatly to non development and political

disintegration in the region.3

The independence of South Sudan has increased the number of Nile riparian States to

eleven. Unfortunately, the Nile does not have an all-inclusive legal regime to regulate its use and

to ensure that this indispensible natural resource is conserved for future generations.

Accordingly, with the increase in the number of riparian states from ten to eleven this research

seeks to answer the following question: What role will South Sudan as an extra riparian state

play in the Nile Basin hydro-politics?

1.3. Objectives of the Research

This study has two sets of objectives:

1.3.1. Overall Objective

To examine the role of South Sudan in the already existing Nile basin hydro-power

politics.

1.3.2. Specific Objectives

More specifically, the study aims to:

Examine the role of South Sudan in the Nile basin conflict as an additional riparian state;

Critically analyze the role of Non-riparian states in the Nile basin conflict;

Investigate the status of hydro-politics in the Nile Basin region

2 Turton A.R, A Cryptic Hydro political History of the Nile Basin for Students of Hydro Politics, Study Guide for

Pretoria University, Pretoria, 2000. 3 Green Cross International, National Sovereignty and International Watercourses, (Geneva: Green Cross

International, 2000), p98.

Page 16: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

4

1.4. Justifications of the Study

This study aims to provide insights into the significance of South Sudan in the Nile basin hydro-

politics. Water is quickly becoming a real challenge across the world and has a potential to

induce interstate conflict.4 It is clear that water as a natural resource is a limiting factor for

economic development since it is limited, valuable, and vulnerable. Competing demands for

water may exist among basin countries, and among different sectors within each country.5

1.4.1. Policy Justifications

The Nile riparian states have spent significant time resolving the existing issues through

establishment of institutions to foster cooperation amongst them. The real problem that exists is

how to achieve the proper management of the basin resources. However, there is an opportunity

to transform the Nile, through collaborative and visible actions on the ground, into a unifying

force that builds regional and international interdependencies and promotes economic activities

which could enable co-basin states to participate as partners in emerging regional and global

trade. Effective water management, including water harvesting and conservation, can bring

benefits to all involved riparian states.

1.4.2. Academic Justifications

This study seeks to provide adequate information to investigate the hypothesis that South Sudan

will significantly affect the Nile hydro-politics. The rarity of literature that attempts to critically

analyse the role of an additional riparian state in the Nile hydro-politics creates a gap. Therefore,

this research seeks to fill this gap; it will add to the growing body of literature in the field of

resource-based conflicts. Additionally, this research will look into policies that may help various

4 Metawie A.F, Lessons Learnt from cooperation in the River Nile Basin, 2008.

5 Ibid

Page 17: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

5

actors find solutions to the existing impasse. This study also lays a foundation for further

research studies aimed at guaranteeing water security for South Sudan and peace in the Nile

basin region as a whole.

1.5. Literature Review

In Africa today, access to water is crucial for human survival; a third of its population lack water.

With the ever increasing population riparian states are now forced to take a stake in the Nile

Basin unlike before. This section analyses actors, issues and processes, forms of cooperation

within the Nile basin region and the position of South Sudan on the Nile hydro-politics.

1.5.1. Literature on the Nile basin conflict

There are diverse uses for resources such as water, forests, pastures and land. People have

endeavored to manage these resources in different ways and understanding the interests of these

people can cause them to manage resources well thus avoid conflicts. Resource-based conflicts

often result from competition for these resources and power if parties believe that they cannot

achieve their needs or their values and interests have been threatened.

The Nile Basin region is made up of eleven riparian states; nine upstream countries with

four tributaries which are vital sources to the river Nile and two downstream countries. Upstream

countries include: Burundi, DRC Congo, Ethiopia, Kenya, South Sudan, Uganda and Tanzania.

The two downstream countries are: Sudan and Egypt. Of the four tributaries in the upstream

countries, three tributaries come from Ethiopia- the Blue Nile, the Sobat and the Atbara.6

Therefore, Ethiopia contributes the most water to the River Nile.

6 Terje T., The River Nile in the Age of the British; Political Ecology and Quest for Economic Power, (American

University Press: 2006), p10.

Page 18: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

6

Conflicts have frequently occurred because of competition for oil and water. The modern

history of hydro politics in river Nile has had greater consequences for both regional and global

developments. Oil has been a principle cause of regional economic growth in the Nile Basin

region and adequate water supply has been a product. Some scholars such as Selby and Gnyra

regard hydro-politics as a non issue; they argue that foreign policy, ideological, economic and

strategic relations among neighboring states outweigh water politics.7

Nile water disputes expanded into the entire Nile basin after Egypt envisioned a single

unified basin under its control. Forty percent of the River Nile population continues to depend on

the river for their livelihood. Most of the population in the upstream countries is less developed

and is characterized by the poverty alleviation agenda.8 Over the past half century, there has been

rapid regional development and all riparian states continue to concentrate on establishing water

projects in the form of mega dams for hydropower and irrigation9 despite Egypt‟s and Sudan‟s

continued use of threats and intimidation.10

Today, the Nile continues to be dominated by Egypt. Waterbury argues that Sudan is

currently entitled to one third of the amount of water Egypt takes. Egypt has many at times

threatened to go to war over the Nile water to protect its interests; this has prevented other

riparian states from benefiting from river Nile. Therefore, the preferences of the upstream

countries are defined by their desire to change the status quo.11

7 Selby J. and Gnyra T., The Geopolitics of Water in the Middle East Fantasies and Realities in the 3rd World,

(Quarterly, vol. 26 (2), 2005) , pp 329-349. 8 Taffasse T., The Nile Question: Hydro politics legal wrangling. Modus Vivendi and Perceptives, London:

Transaction Publishers, 2001. 9 Tekle M., Legal Framework for Equitable and Sustainable Utilization of the Nile River Waters: Agreement of the

Riparian States for Cooperative Basin Management, 2010. 10

Tevdt T., The River Nile in the Age of the British: Political Ecology and Quest for Economic Power. op. cit 11

Waterbury J., Hydro politics of the Nile Valley, University of Syracuse press: 1979.

Page 19: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

7

1.5.2. Literature on the actors, issues and processes in the River Nile basin conflict

Conflicts usually occur where there is a difference in preferred outcomes in a bargaining

situation. Trans-boundary conflicts usually arise from a power imbalance amongst the riparian

states. In this case, one state usually has the power to exert its authority over other states. 12

Upstream countries are less influential while the downstream countries are more

powerful; hence, the question of the use of the Nile water is subject to political interactions

amongst the Nile riparian states. An extra riparian state therefore has a vital role to play in

shaping the issues of water security, peace, economics and the River Nile region as a whole.

1.5.2.1. Causes of the Nile basin conflict: The 1929 and the 1959 Treaty

Scholars of international relations of Africa attribute conflicts to historical animosities and

colonial legacies. In this case, the advent of River Nile basin conflict can be attributed to colonial

legacies, that is, treaties and agreements that were signed by colonial masters on behalf of

African countries‟ governments. Natural resources are expected to breed cooperation rather than

conflict; they can be used to strengthen both military and environmental security. Twentieth

century cooperation programs in the Nile have often epitomized Egyptian domestic

considerations.13

Earlier agreements and treaties that were signed amongst colonial powers have proved

defective over time. In 1929, the Agreement between Egypt and Anglo Egyptian Sudan bolstered

Egypt‟s grip by giving it more control of 48bn m3 and 4bn m3 of the Nile flow annually.

Additionally, the Nile would be in Egypt‟s full control during the dry season while it monitored

12

Goldstein J., International Relations, 5th

E.D., (Pearson Publications; 2005), p225. 13

Gledistch P., and Hamner J., Shared Rivers: Conflict, and Cooperation‟, Paper Presented at the 42nd Annual

Meeting of the International Studies Association, (Chicago, IL, 2001), pp21-24.

Page 20: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

8

activities of other upstream riparian states. Egypt would also undertake activities on the Nile

without any consent from other riparian states besides having a right to veto any construction

projects that would adversely affect her interests. 14

Efforts by Ethiopia and other upstream countries to recover their use of the Nile have

been thwarted by the 1959 agreement signed between Egypt and Sudan which increased their

water use to 55.5bn m3 and 18.5b m3. The treaty also postulates that any claim from the

remaining riparian states would be addressed by Egypt and Sudan. These treaties gave much

more power to Egypt and Sudan. Egypt‟s source of power over the Nile remains the 1959 Nile

Treaty.15

1.5.3. Forms of Cooperation in the Nile

Nile riparian states have time and again carried out negotiations in a bid to establish principles of

equitable use of the Nile water. The yielding of positive results from each of the cooperation

phases had a direct impact on the launching the phases that followed. The first attempt at

cooperation was Undugu (1959-1960s); it set to improve agriculture, resource and economic

development, among other projects. Undugu provided an institutional locus for sharing expertise

as a group. It failed to lead to meaningful and concrete riparian cooperation primarily due to lack

of genuine commitment.16

The second was HYDROMET (1967–1992). HYDROMET, an initiative of the Upper

Nile region, was a project designed to collect hydro meteorological information within the basin.

14

Mekonnen K., The Defects and the Effects of Past Treaties and Agreements on the Nile River Waters: Whose

Faults were they? 1999. 15

Ibid 16

Brunnee J., and Toope S., The Changing Nile Basin Regime: Does Law Matter? Vol. 43 (Harvard int‟l, 2002), pp

122-131.

Page 21: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

9

Thirdly, the Technical Cooperation Committee for the Promotion of the Development and

Environmental Protection of the Nile Basin (TECCONILE) was established in 1992 by Egypt,

Rwanda, Sudan, Tanzania, Uganda, and Zaire (DRC), with the other riparian states participating

as observers.17

Its role was to foster cooperation for development and environmental protection

of the Nile region.18

The fourth attempt at cooperation was the Nile Basin Initiative (NBI) that was established

in 1999 and still exists to date. It aims to promote sustainable socio economic development

through the utilization of and benefit from the common water resource besides promoting

efficient water use and drainage. The fifth is the Cooperative Framework Agreement (CFA) that

was established in 1997. So far, it has been signed by six countries which include: Kenya,

Uganda, Tanzania, Ethiopia, Rwanda and Burundi. Eritrea has not been involved in negotiations

while South Sudan is yet to come on board. The CFA seeks to advance negotiations for equitable

utilization of the Nile waters but Egypt and Sudan have frozen any attempts at cooperation under

this arrangement.19

1.5.4. South Sudan’s Position over the use of the River Nile Water

South Sudan's economy is one of the worlds weakest and most underdeveloped. Most villages in

the country have no electricity or running water, and its overall infrastructure is lacking with few

paved roads anywhere.20

The country's economy, like many other developing countries, is

17

Nile Basin Initiative, Sequences of Major Events of the Nile Basin Initiative Process. Retrieved from

http://www.nilebasin.org/nbihistory.htm 18

Ayebare A., A Political Storm over the Nile, New York, 2010. 19

Brunnee J., and Toope S., The Changing Nile Basin Regime: Does Law Matter? Vol. 43 (Harvard International,

2002), pp 122-131. 20

Elbagir N., and Karimi F., South Sudanese Celebrate the Birth of Their Nation, CNN, 2011. Retrieved from

https://www.google.com/#q=N.+Elbagir%2C+and+F.+Karimi%2C+South+Sudanese+Celebrate+the+Birth+of+The

ir+Nation%2CCNN%2C+2011 Accesed 12th

October, 2013.

Page 22: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

10

heavily dependent on agriculture. It is also amongst the poorest countries in Africa and will need

to use water from the Nile for agriculture.21

South Sudan plays a critical role in the balance of power between upstream and

downstream countries. If South Sudan accedes to signing the CFA, power will shift to the

upstream countries; this will force Egypt and Sudan to renounce the 1959 treaty and accept

cooperation on the basis of the CFA. However, if it doesn‟t, the upstream countries may decide

to act unilaterally to the detriment of the lower riparian states. In this case, with a new regime in

power, Nile riparian states may renegotiate an agreement that includes the needs of all Nile basin

countries.22

1.5.5. Literature gap

The Nile offers enormous development opportunities to all Nile basin countries. Actually, future

prospects for the people living in the region fully depend on the river. The current diplomatic

game can be a win-win situation if every country manages to make compromises. The CFA will

help establish a comprehensive agreement that will deal with the utilization of the waters of the

Nile. At the moment, it is unclear if South Sudan will sign the CFA.

From the literature review, it is clear that different perspectives of shared rivers have

been discussed, amongst them the role of Non state actors, conflict management, cooperation and

the media but there is an information gap with regards to the role of an extra riparian state in the

hydro-politics of trans-boundary rivers. It is also clear from the literature review that South

21

Sudan Tribune, South Sudan Tells Egypt It Will Respect Existing Nile Water Treaties, March 28th 2011, Retrieved

From http://Www.Sudantribune.Com/South-Sudan-Tells-Egypt-It-Will,38423 Accesed 12th

October, 2013. 22

Waterbury J., Hydro politics of the Nile Valley, University of Syracuse press: 1979.

Page 23: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

11

Sudan is critical to the achievement of peace and cooperation in the Nile region. This research

therefore seeks to fill this gap.

1.6. Theoretical Framework

This study will focus on non-cooperative game theory. This theory will be used later in this study

to analyze the Nile basin conflict. Theories of international law and international water courses

are also analyzed under this section.

1.6.1. Game theory

Nation-states rarely go to war over water; conflicts in an international river basin can be resolved

through cooperation among the riparian states that share resources. The complexity of the river

Nile conflict can be simplified and analyzed using game theory to explore potential outcomes

resulting from various strategies employed by players of the game.23

Game theory is a set of

concepts aimed at decision making in situations of competition and conflict under specified

rules.24

This theory provides the best approach for cooperative solutions for water resource

conflicts in international river basins.

Zagare defines game theory as the science of interactive decision making. A game is any

situation in which an outcome depends on the choices of two or more decision makers; most

interstate conflicts qualify as games. Decision makers are called players; they can be individuals,

groups of individuals operating as coherent units or states. Kings, queens, foreign secretaries,

23

Wu X., Applying Game Theory to Conflict Basins in International River Basins: A Case Study of the Nile Basin

Paperback, 2009. 24

Business Dictionary-Game Theory

http://www.businessdictionary.com/definition/game-theory.html Accessed 20th November, 2013.

Page 24: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

12

presidents and Prime ministers amongst others are categorized as players. Additionally, decisions

players make lead to outcomes which may end up as compromises or conflicts.25

This theory has two branches: cooperative and non-cooperative game theory.26

This

research will focus on non-cooperative game theory concepts and apply them to determine

possible outcomes in the Nile river conflict. Non-cooperative game theory is any game in which

the players are unable to permanently commit themselves to a particular course of action. Due to

anarchy in the International System, Non cooperative Game theory holds a particular attraction

for theorists of interstate conflict.27

Solutions to the game prescribe decisions that each player

might make.28

This theory is used to analyze strategies that each player seeks to use to maximize

their chance of winning and to predict possible results of the game.

The Nile river has been the center of water resources development tensions among four

main riparian actors: Egypt, Sudan, Ethiopia and other upstream nations. Each player has a

desire to meet its national demands under increasingly stressed limited resources. Egypt, the

most economically advantaged of the actors, strives to secure water supply for its growing

population. Sudan is wedged between its 1959 treaty with Egypt and potentially economically

beneficial cooperation with Ethiopia. Ethiopia strives to increase its water share to secure its

food supply and facilitate economic development. Upstream nations seek to be released from the

25

Zagare F., Game Theory, In Security Studies: An Introduction eds. P. Williams, (Rutledge: 2008), pp44-48, 53-56 26

Wu X., and D. Whittington, Incentive Compatibility and Conflict Resolution in International River Basins: A

Case Study of the Nile Basin, 42(2), (Water Resources Research, 2002). 27

Zagare F., and Kilgour M., Perfect Deterrence (Cambridge: Cambridge University Press, 2000). 28

Madani K., and Lund J., “A Monte Carlo Game Theoretic Approach for Multi Criteria Decision Making under

Uncertainity”, 35 (5), (Advances in Water Resources, 2011), pp 607-616.

Page 25: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

13

water development restrictions placed on them by the 1959 treaty.29

A claim on the Nile waters

by other players has created a potential for war to occur.

1.6.2. Theories of International Law on International Water Courses

Adar argues that there are four main international theories that relate to the legal stalemate in the

Nile river basin.30

They include: The Absolute Territorial Sovereignty theory, also known as

Riparian Rights, postulates that a sovereign state has unlimited rights to natural resources within

its territorial jurisdiction. This approach cannot be applied in the Nile Basin region because it

might escalate the existing and cause new inter-state conflicts.

Secondly, the theory of Community of Co-Riparian States, also Called Community

Interests, implies that upstream countries should not engage in any activities that may interfere

with the flow of the Nile to the low riparian states. This theory may be invoked if states feel that

their security is threatened. It has been used by Egypt and Sudan and has a potential for conflict.

Thirdly, the community of co-riparian states, also known as the community interests

theory, is pegged on the doctrine of equitable use and distribution of water codified in the

Helsinki Rules and the 1997 UN Convention on Non Navigational watercourse. It stipulates that

the river community consists of a common Geographic and economic entity beneficial to all

states. Its integrated management involves collaboration by riparian states to form institutions to

implement joint policies. This doctrine is being applied by the upstream countries of the Nile

river basin region.

29

Elimam L., Rheinheimer D., Connell C., and Madani K., “An Ancient Struggle: A Game Theory Approach to

Resolving the Nile Conflict”, (World Environmental and Water Resources Congress, 2008), pp. 1-10. 30

Adar G.K., “Kenya‟s Foreign Policy and Geopolitical Interests: The Case of the Nile River Basin” (African

Sociological Review 11 (1), 2007), pp 63-80.

Page 26: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

14

Lastly, the limited territorial sovereignty theory, also known as the theory of sovereign

equality and territorial integrity argues that any state through which a river flows has the right to

use the river water. It recognizes rights of both upstream and downstream riparian states.

1.7. Hypotheses

This study will test the following hypotheses:

1. South Sudan‟s entry in the Nile basin conflict as an additional riparian state will dramatically

change hydro politics of the Nile.

2. The use of water among the Nile riparian states may increase in future, creating the potential

for a real conflict.

3. Non- Nile riparian states have immensely influenced hydro-politics of the Nile River Basin.

1.8 Research Methodology

This study will be done using a Case Study Design within a qualitative framework. A case study

is defined as “an empirical inquiry that investigates a contemporary phenomenon within its real

life context when the boundaries between phenomena and context are not clearly evident and in

which multiple sources of evidence are used”31

This method was chosen because it is valuable, has distinctive characteristics that include

looking out for all the relevant evidence, looks at different interpretations of the situation,

identifies the most significant aspects in the area under study and calls for the use of the

researcher's prior expert knowledge to further the analysis. It can also be used in combination

with other methods.

31

Yin R., Case Study Research: Design and Methods, Newbury CA: Sage publishing, 1991.

Page 27: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

15

This research will therefore use information from the library and the internet as the main

sources of information. In this case, published and unpublished secondary data will be used to

put issues into context and to justify the research study. Data from books, journals, protocols,

reports and other relevant published materials will be incorporated in the study to build on the

literature and put issues in the Nile basin conflict into perspective. All these materials will be

explored to provide a better understanding of prevailing situations in trans-boundary rivers in

other parts of the world, thereby putting the Nile Basin hydro-politics and conflict into context.

1.9 Scope and Limitations

This study is bound to encounter several constraints; it is limited by the time factor in two main

ways: First, it will be carried out within three months, a time too short to gather enough data on

the subject. Therefore, both secondary and published and unpublished primary data will be used

instead. Secondly, time constraints limit the scope of research. It is not possible to conclusively

collect primary data. More time is required to collect enough information from each and every of

the 11 Nile river riparian states. Thus this study is limits itself to the understanding of the

significance of South Sudan in the river Nile hydro politics. Additionally, this research does not

investigate all issues pertaining to the Nile basin conflict; it limits itself to understanding how

South Sudan influences hydro politics of the Nile River.

1.10. Chapter Outline

This study is structured around five chapters. Chapter one is the proposal; it introduces the

subject of study and lays the foundation of the dissertation. This chapter captures the statement

of the problem, objectives of the study, literature review and research methodology. Also

included are the limitations and problems of the study and the structure of the study. Chapter two

Page 28: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

16

focuses on the overview of the hydro-politics of the Nile Basin. Chapter three analyses the

hydro-politics of the Nile with a focus on the role of South Sudan as an additional riparian state.

Chapter four critically analyses the role of South Sudan in hydro-politics of the Nile. Chapter

five offers conclusions, recommendations and areas for future studies.

Page 29: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

17

CHAPTER TWO

HYDRO-POLITICS OF THE NILE BASIN: AN OVERVIEW

2.1. Introduction

Chapter one, which forms the basis of this research, introduced the study. It presented the

statement of the problem, objectives, literature review and a theoretical framework from which

hypotheses of the study are derived. It also looked at the research methodology.

Chapter two will look at the Nile Basin hydro-politics. It will examine the hydro-politics

of the Nile and the effects of the Nile basin conflict on the socioeconomic development of the

Nile basin riparian states; it will also analyse international legal aspects of trans-boundary

Rivers. Additionally, it will investigate the role of Non-state actors in the Nile basin hydro-

politics and conflict.

2.2. The Nile Basin Conflict: An overview

Water is a critical resource for all countries that share the basin, but it is especially important for

the development and survival of Egypt, Ethiopia and the Sudan. Water will be even more critical

in the future as these countries face larger populations and therefore an even greater demand for

water. For many years, there have been tensions among these countries over the use of the Nile.32

Egypt and the Sudan have monopolized and controlled the utilization of the Nile waters for

almost a century without properly sharing with the other countries through which the River Nile

flows the former with 85 percent of the water while the latter with about 15 percent of the annual

flow.

Water scarcity has increasingly become an issue that is likely to drag countries into

32

Tesfaye A., Hydro politics and regional stability in the Nile Basin, (Wayne, New Jersey: William Patterson

University, 2005), p 41.

Page 30: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

18

conflicts as they struggle to meet the increased economic and social challenges in their respective

countries. 33.

Water as a scarce resource has become a serious concern to all Nile riparian states. Egypt

views the Nile as part of it, given their history; the two are inseparable. A reduction in the

quantity of water entering Egypt water has been an area of concern for Egypt; hence, the Nile

waters remain a vital resource. Ethiopia, where most of the river's water originates, also wants to

make use of it and has been planning a huge dam for years. Egypt depends on the Nile for 98 per

cent of its water - and water is in increasingly short supply.34

Despite many attempts at cooperative agreements among Nile riparian states, River Nile

riparian states have not yet been able to come up with a water sharing agreement. River Nile is a

unique example because other international rivers have established water sharing systems; this

framework guides them on how to solve disputes whenever they arise. For example, a water

sharing agreement exists between the USA and Mexico over the Colorado River; between India

and Bangladesh over Ganges River; and between China and its neighboring Southeast Asian

countries over the Mekong River.35

Egypt and Sudan still retain the right of veto on projects that are bound to influence or

change the river's course as provided in the 1959 treaty. Other riparian states are working on

changing the status quo; Ethiopia's parliament has now passed the ratification of a treaty

intended to replace the old Nile Water Agreement, in terms of which a joint forum will decide on

how the waters are used. Egypt has rejected this, insisting on its prior rights.

33

Kameri-Mbote P., Water, Conflict and Cooperation: Lessons from the Nile river Basin, Woodrow Wilson

International Center for Scholars, Navigating Peace no. 4., 2007 34

Hultin J., The Nile: Source of Life, Source of Conflict, in Hydro politics Conflicts Over Water as a Development

Constrains, ed. Leif Ohlsson, (London: Zed Books Ltd, 1999), p29 35

Nickum J., Hydraulic Pressures: Into the Age of Water Security, Council on Foreign Relations 89 (5), 2010.

Page 31: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

19

2.3. Hydro-politics of the Nile

The Nile river basin conflict exists between two groups of states: the downstream and upstream

countries. On one hand, downstream Nile riparian countries operate on the principle of no harm;

they believe in acquired rights and prior use and seek to retain existing agreements and

allocations. Additionally, they insist that they should be consulted before any country can

establish any project on the Nile.36

On the other hand, upstream Nile riparian states believe in the

principle of equitable utilization; they believe that a new comprehensive agreement for the whole

basin should be established and that new uses of water should be developed. Additionally, new

allocation agreements should be negotiated to allow for new investments without notification or

downstream veto; this will ensure access to international funding, thereby changing status quo.37

The Nile basin is a region replete with instability and conflict, with one of the key

contentious questions centered on the utilization of the waters of the Nile river predating the

independence years. The 1929 Agreement between Great Britain (on behalf of its colony, Sudan)

and Egypt and concluded after “exchange of notes” between the two countries laid the

foundation for the long-standing dispute among the riparian states on equitable utilization of the

waters of the Nile.38

Of all the riparian states, Egypt is the most vulnerable with 97 percent of its water

coming from other countries in the region. Most of the countries in this region fall in the bracket

of least developed countries in the region except for Kenya and Egypt. All these countries

36

Moustafa M., and Gichuki F., The Nile Basin profile: Strategic research for enhancing agricultural water

productivity, ( Draft Edition: Challenge Program on Water and Food., 2003) 37

Ibid 38

Korwa G., Ripples in the Nile Waters, African Review: Nation Media Group, 2013. http://www.africareview.com/Special-Reports/Ripples-in-the-Nile-waters/-/979182/1740128/-/mta36l/-/index.html

Accessed 20th November, 2013

Page 32: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

20

depend on the Nile for their survival. The establishment of a legal regime to manage river Nile

Basin and its drainage system continues to be a challenge.39

In the past, Egypt established itself as a water hegemon that controlled a majority of the

water resources of the region. This status has recently been challenged by developments and

alliances of the upstream countries, increasing the tension between Egypt and some of its

neighbors. Link et al argue that unfavorable shifts in precipitation patterns can augment the

pressure on the downstream countries, causing them to consider shifting towards strategies that

are based on threats rather than on cooperation.40

Hydro-politics of the Nile have occurred as

summarized in the table below.

Table1: A Summary of the Time Sequence of Hydro politically Relevant Events (1891-

2013)

TIME EVENTS

1891-

1948

This era can be called the "Egyptian Colonial Period". It is characterized by British

domination in the affairs of Egypt, and the development of basin-wide planning for the

Nile river of which the 1928 Nile Waters Agreement is an example.

1952-

1959

This era can be called the "Bilateral Period" as it is dominated by political interaction

between Egypt and Sudan. The 1959 Agreement on the Full Utilization of the Nile Waters

was signed between Egypt and Sudan. Other Nile basin states are excluded from this

process, even though Ethiopia asserted its right to use the waters of the Blue Nile.

39

Turton A.R., A Cryptic Hydro Political History of the Nile Basin for Students of Hydro Politics, Study Guide for

Pretoria University, Pretoria, 2000. 40

Link M., Pointek F., Scheffron J., and Schilling J., On Foes and Flows: Water Conflict and Cooperation in the

Nile river Basin in Times of Climate Change, Research Group Climate Change and Security (CLISEC), Klima

Campus; University of Hamburg, 2011

Page 33: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

21

1960-

1964

This era can be called the "Upper Basin Post-Colonial Period" as it is dominated by the

Nyerere Doctrine that is invoked in one form or another by various British colonies on

attaining their independence.

1965-

1975

This era can be called the "Early High Dam Period" as it spans the time from the first

closure of the Nile to the first filling of Lake Nasser. This is a turbulent era where the

dynamics of the Cold War became inter-linked with national politics at the basin level.

1976-

2000

This era can be called the "Post High Dam Period" as it spans the time after the first

filling. It is characterized by the disintegration of most of the states south of Egypt,

heralding in an era of unprecedented civil war, coups d'état, famine, poverty and mass

migration of people on a scale that had never been known before.

2000-

2013

This era is characterized by signing of cooperative frameworks, the independence of

South Sudan and the continued control of the Nile by Egypt. There are calls for an all

inclusive legal framework that will allow for the equal distribution, control and benefits

from the Nile river.

Source: Adar G.K, The Interface between National Interest and Regional Stability: The Nile

river and the Riparian States. (African Sociological Review; 2007), pp 4-9.

2.4. Effects of the Nile basin conflict on the Socioeconomic Development of the Nile

Riparian states

Apart from water resources, other issues have over time shaped the Nile hydro-politics. The final

years of the last century saw a dramatic swing in the international relations of the Horn of Africa

region. The apparent change was occurring in the realm of traditional Egyptian influence in the

Horn of Africa. 41

41

Gleick P., Coping With the Global Fresh Water Dilemma: The State and Global Governance in the Global

Environment in the 21st Century, Prospects for International Cooperation on Market Forces, 2009.

Page 34: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

22

The Eastern Nile Basin (ENB) countries, namely Egypt, Sudan and Ethiopia, are facing

dynamic changes, such as rapid growth of population, poverty, land degradation, and food and

water insecurity. The land in the ENB states is given to geographical extremities, varying from

the deserts of Sudan and Egypt to the highlands and wetland areas of Ethiopia. Every riparian

state has an entirely different capacity for using the Nile waters; this depends on a combination

of geographical position, economic capacity, and the potential to develop resources.42

In most African countries, agriculture is an integral sector that supports the livelihoods of

the rural population, which is in many cases already facing severe degradation of natural

resources. Cascao argues that effects of climate change such as droughts and famines have

contributed to water scarcity in the region, thereby adversely affecting agriculture. According to

the International Water Management Institute (IWMI), vulnerable groups are those living in

hotspots with high population densities in mixed rain fed agricultural systems as experienced by

the Nile upstream states.43

2.5. International Legal Aspects of Trans-boundary Rivers: The Nile River Conflict

At the moment, there is no one overarching agreement on the Nile Basin agreement on the use of

water amongst the Nile riparian states. The only legal agreement upon which water is distributed

between these riparian countries is the 1929 Treaty that includes only Egypt and Sudan. This

treaty was revised in 1959, also leaving other riparian states out of the agreement.44

Korwa

42

Winpenny J., Managing water as an economic resource, New York: Overseas Development Institute, 1994. 43

Cascao A., Climate Change and Hydro-politics: Trans-boundary Water Governance in the Nile Basin,

Copenhagen, Denmark: Danish Institute of International Studies, 2012. 44

Shema N, The Falling Future of Nile Basin Management, Political Science Honors Thesis, April, 2007.

Page 35: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

23

stipulates that the legal agreements on international river systems have evolved over time. As

shown in the table below, there are four main competing theoretical rights to river waters.45

Table 2: A Summary of International Legal Suspects of the Nile

THEORY EXPLANATION APPLICATION TO THE RIVER

NILE

The Absolute

Territorial

Sovereignty theory

Associated with the Harmon doctrine,

this theory postulates that a sovereign

state has unlimited rights to natural

resources within its territorial

jurisdiction.

This approach cannot be applied in the

Nile Basin region because it might

escalate the existing and cause new inter-

state conflicts.

The Theory of

Absolute

Territorial

Integrity, also

known as Riparian

Rights;

If applied in the Nile, it implies that

upstream countries should not engage

in any activities that may interfere with

the flow of the Nile to the low riparian

states.

This theory may be invoked if states feel

that their security is threatened. It has been

used by Egypt and Sudan and has a

potential for conflict.

The Community of

Co-Riparian States

also Called

Community

Interests;

It stipulates that the river community

consists of a common geographic and

economic entity beneficial to all states.

Its integrated management involves

collaboration by riparian states to form

institutions to implement joint policies.

This theory may be invoked if states feel

that their security is threatened. It has been

used by Egypt and Sudan and has a

potential for conflict.

The Community of

Co-Riparian States

also Called

Community

Interests;

It stipulates that the river community

consists of a common geographic and

economic entity beneficial to all states.

Its integrated management involves

collaboration by riparian states to form

institutions to implement joint policies.

This doctrine is being applied by the

upstream countries of the Nile river

region.

The Limited

Territorial

Sovereignty.

This theory provides that states

through which a river flows have the

right to use its river water.

It recognizes the rights of both upstream

and downstream riparian states

Source: T. K. Woldetsadik, “International Watercourses Law in the Nile River Basin: Three States at a

Crossroads,” British Yearbook of International Law, (London: Rutledge, 2013), pp33-36.

45

Adar G.K., “Kenya‟s Foreign Policy and Geopolitical Interests: The Case of the Nile River Basin”, (African

Sociological Review, 2007), pp 63-80.

Page 36: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

24

2.6. The importance of Non- State Actors in the Nile basin conflict

Non State Actors46

possess increasingly salient capabilities to structure global politics and

economics; they can influence and cause changes in the international system even though they do

not belong to any organizations that belongs the state. They include Non Governmental

Organizations, Multinational Corporations and violent Non state actors.47

Article 6 of the

Cotonou Agreement defines non state actors as civil society groups, economic and social

partners e.g. Trade Unions, the private sector organizations such as Community Based

Organizations, Women groups, religious groups, universities and research institutions amongst

other groups.

The role of states is limited to state borders. The Nile basin riparian states are

characterized by water scarcity, poverty, and a long history of dispute, insecurity and rapidly

growing populations. There exists several different Non State Actors that focus on the various

aspects of the Nile basin conflict. Non-Governmental organizations and other non-state actors

come up with programs that target drought stricken areas across the borders and are present in

almost all riparian states.48

Moreover, these organizations empower local residents with drought

resilience methods which they help to implement in planting crops for food.

2.6.1. The Role of Community Based Organizations and Non Governmental Organizations in

the Nile hydro-politics

Several non-state actors exist within the Nile basin but this research focuses basically on

community-based organizations and Non Governmental organizations because of the role they

46

A non state actor is any entity that acts or participates in International Relations; it is not owned by a state, neither

does it posses the qualities of a state. 47

Bayne N., and Woolcock S., State and Non-State Actors, in The Economic Diplomacy: Decision Making and

Negotiation in International Economic Relations, (Ashgate Publishing Limited, 2005), p45. 48

World Bank, World Development Report – Development and the Environment, Washington DC: World Bank

1992

Page 37: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

25

play in the region. Community-based organizations are civil society nonprofit entities that

operate within a single local community. These organizations are often run on a voluntary basis

and are self funded. Studies argue that they have been effective in addressing needs of local

people.49

Non-Governmental Organizations (NGOs) are legally constituted corporations that are

created by natural or legal people that operate independently from governments but work closely

with some specific government institutions. They engage in activities that range from human

rights to environmental and to development work.50

For instance, the Nile Basin Discourse

(NBD), registered in Uganda as a regional NGO, is a regional network of civil society

organizations established to facilitate and support civil society engagement in Nile Basin

Cooperation and development processes.51

These organizations aid in opinion building in international affairs and act as

implementing partners in the national context. Additionally, they act as managers and investors

of utilities in the private sector. In a conflict situation, they play roles such as mediators,

providers of humanitarian services and facilitators in the resolution and management of

conflicts.52

The lack of active community participation in project creation, that results from lack of

participation of these non state actors often leads to the failure of such projects. When CBOs and

NGOs are not incorporated in project creation, project designs fail to integrate the communities‟

49

Political Studies Review, International Relations, Vol2 (1), pp127-137, Retrieved 2014-02-02 50

Akil A., Confronting the classification problem: Toward Taxonomy of NGOs, (World Development, 1997),

2057–2070 51

Elkareem A., Report on the Development and Advocacy for Nile Basin Benefit Sharing and Tension Reduction

Plans, EN Watershed Management Project in Khartoum, Sudan, 2012. 52

Hassine K., Regularizing Property Rights in Kosovo and Elsewhere, 2010, ISBN 978-3-86553-340-1

Page 38: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

26

intricacies hence they cannot be fully implemented. In this case, conflict resolution negotiations

have collapsed severally.

Tesfaye adds that these programs are also complicated by the demands, conditions and

types of loans and investments made by numerous entities, which in the end is likely to

bureaucratize the process of implementation. Therefore, the role of Non state actors in the region

is imperative for peace programs and other developmental programs within the Nile river basin.

2.6.2. The Role of Development Partners and Financial Institutions in the Nile basin conflict

Hydro-politics

The involvement of third parties in a conflict usually complicates the political, social and

economic interests of riparian states and thereby hindering regional cooperation. Development

partners and financial institutions continue to play an imperative role in the Nile basin conflict.

Ashok argues that they have been key players in environmentally induced conflicts through the

creation of policies and programs.53

Canada, Denmark, Germany, Netherlands, Norway, Sweden, UK, UNDP, the World

Bank and African Development Bank amongst others have played a critical role in the Nile

Basin region as key financiers. Whittington and Waterbury argue that to date, out of the total

program cost, donor partners have pledged three quarters, which is being disbursed as projects

become operational. Other than funding, the World Bank frequently provides supervision

support to the projects it funds. Additionally, it undertakes mid-term reviews of projects, during

the development of projects.54

53

Swain A., Ethiopia’s Dam Project Reflects Shifting Balance of Power in the Nile Basin, Op cit 54

Waterbury J., and Whittington D., Playing Chicken on the Nile? The Implications of Micro-dam Development in

the Ethiopian Highlands and Egypt's New Valley Project, 22 Natural Resources Forum,1998, p 157.

Page 39: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

27

The Council of Ministers of Water Affairs of the Nile basin states established the Nile

Basin Trust Fund in March 2001 and requested the World Bank to establish a trust fund to

implement the Shared Vision Plan. The Shared Vision Program is the first phase of the NBI

Strategic Action Program designed to help realize the shared vision of the Nile Basin countries:

harnessing the resources of the river to create a better life for the 300 million people who depend

on it.55

Many developing countries, especially many of the Nile riparian states still face various

internal concerns ranging from poverty to massive corruption to debt burdens to conflicts among

a myriad of crises. This means that cannot fund all of Nile river basin related programs, hence

rely on financial institutions like the World Bank and development partners like Canada through

the Canadian International Development Agency. These institutions have worked towards the

eradication of poverty, promote economic growth and reverse environmental degradation

through several regional water development projects. Therefore, the role of development partners

and financial institutions in the Nile Basin region cannot be disregarded.

2.7. Conclusion

This chapter discussed causes of the Nile basin conflict with a focus on the 1959 treaty;

international legal aspects of the Nile; socio-economic development of the Nile basin region and

the role of Non-state actors. It is clear that hydro-politics of the Nile basin have changed over

time. At the moment, there is a power struggle between upstream and downstream countries;

upstream countries struggle to change the status quo on the basis of the CFA while downstream

Nile riparian states struggle to maintain the status quo with historical rights and the 1959 treaty

as their defense.

55

Tesfaye A., Hydro politics and regional stability in the Nile Basin, Op Cit

Page 40: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

28

Therefore, the issue of equitable and reasonable utilization of the waters of the Nile and

water security remains contentious and will continue to divide the riparian states. However, due

to the commitment on the part of the upstream riparian states to adhere to the provisions of the

CFA and the fact that they have historically been disadvantaged, it is likely that Egypt and Sudan

will eventually come on board.

Page 41: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

29

CHAPTER THREE

THE ROLE OF SOUTH SUDAN AS AN ADDITIONAL RIPARIAN STATE

3.1. Introduction

The previous chapter focused on the Nile basin conflict and its causes. It also explained the role

of the Nile basin conflict on the socioeconomic development of the Nile basin riparian states. It

also looked at the role of the non-state actors in the Nile basin hydro-politics.

This chapter focuses on the role of South Sudan in the Nile basin hydro-politics. It seeks

to accomplish this by examining if South Sudan as an additional riparian state will have any

effect on the power politics of the Nile. It will also critically analyze the role of non-Nile riparian

states in the region. Lastly, this section will investigate options that South Sudan has when it

comes to balancing power in the Nile basin hydro-politics. It will also look at the status of hydro-

politics in the Nile basin region.

3.2. The Importance of the Nile to South Sudan

There are basically two methods by which a new entity may gain its independence as a new

state: by constitutional means, that is by agreement with the former controlling administration in

an orderly devolution of power, or by non-constitutional means, usually by force, against the will

of the previous sovereign.56

South Sudan was created under the principal of self determination.

Where a state gains its sovereignty in opposition to the former power, as in the case of South

Sudan, new facts are created and the entity may well comply with the international requirements

as to statehood, such as population, territory and government. Other states will then have to make

56

Shaw M., Title to Territory in Africa: International Legal Issues, Oxford University Press, 1986. See also Grieg

D., International Law, (2nd ed), London, 1976, p. 156.

Page 42: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

30

a decision as to whether or not to recognize the new state and accept the legal consequences of

this new status.57

So far, South Sudan is recognized by the international community of states.

While the global community usually celebrates a nation‟s independence, the existence of

a new state also means an additional competitor for common resources of differing scarcities. Of

all common resources, water is the most valuable, not only for the sustenance of human life, but

for economic development as well. Caponera argues that water is essential for economic

development because “it is through the combination of water with one or more natural resources

that other „secondary‟ resources are made available.”58

South Sudan‟s independence is yet another new dimension in the existing water scarcity

problems in the Nile river basin. South Sudan plays a big role at the heart of the Nile Basin hydro

politics because ninety percent of its surface area falls under the Nile Basin. In addition, most

rivers that feed the Nile have confluence in South Sudan. The Nile river is therefore not only

critical to South Sudan‟s survival but also exposes South Sudan to conflicts not only with Sudan

but also with other regional actors for instance Egypt.59

The use of the Nile river waters has led to an increase in the regional competition for

water.60

All Nile basin countries are experiencing population growth at high rates.61

Aboul-Enein

argues that population increase would bring about the desire to explore water resources within

57

Shaw M., Title to Territory in Africa: International Legal Issues, Oxford University Press, 1986. See also Grieg

D., International Law, (2nd eds), London, 1976, p. 156. 58

Caponera D., Principles of Water Law and Administration: National and International (2nd

e.d), Tylor and Francis

Publications, 2007 59

Ufulle F., Water Security and Hydro politics of the Nile River: South Sudan’s National Security in the 21st

Century, Master‟s Thesis, (Brookes University: Fort Leavenworth, Kansas, 2011). 60

Arsano Y., Negotiations for a Nile Cooperative Framework Agreement, (Occasional Paper 222, 2011), p5 61

Tadesse D., Post Independence South Sudan: The Challenges Ahead, Working Paper No.46, (International

Institute of Politics), 2012.

Page 43: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

31

their borders.62

At the same time, Nile riparian states continue to depend on this river. Reports by

the United Nations confirm that the Nile waters have been on the decrease over the past hundred

years. In this case, South Sudan‟s demand for water is bound to increase rapidly in the coming

years, thereby reducing Nile waters by a bigger percentage.63

South Sudan‟s populace has been marginalized for decades. After signing the 2005

Comprehensive Peace Agreement (CPA), leaders of South Sudan vowed to make use of its

enormous agricultural potentials realized to attain food security to meet its food demand for its

ever growing population. South Sudan plans to construct dams on the Nile to generate its

hydroelectric power and economic development.64

3.3. The Use of the Nile Waters

South Sudan as an extra riparian state is bound to significantly reshape hydro-politics of the Nile

river basin. Water as a scarce resource has been of concern to Egypt and other Nile riparian

states especially Ethiopia, Sudan and South Sudan whose lives depend on the Nile river. These

countries dominate the Nile river but are at the same time experiencing „water stress‟. A water

stressed country is that country whose demand for water exceeds the available amount during a

certain period or when poor quality restricts its use. Water stress causes deterioration of fresh

water resources in terms of quantity e.g. over exploitation and dry rivers and quality e.g. organic

water pollution and saline intrusion.65

62

Aboul- Enein Y., Nile basin conflict: Perspectives on Water Sharing, Food shortages, Civil wars and Terrorism,

(Small Wars Journal, 2011). 63

Ibid. 64

Link M., Pointek F., Scheffron J., and Schilling J., On Foes and Flows: Water Conflict and Cooperation in the

Nile river Basin in Times of Climate Change, Research Group Climate Change and Security (CLISEC), (Klima

Campus, University of Hamburg, 2011). 65

European Environmental Agency Glossary; Water Stress

http:www.eea.europa.eu/alphabetical.php?letter=W&igd=108#viewtwerm ( accessed 2nd

November, 2013)

Page 44: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

32

3.3.1. South Sudan

Contrary to the North, South Sudan has ample water resources and plenty rainfall, and investors

are eying large tracts of fertile land in the Upper Nile, Unity State and Equitoria states.66

Currently, there is no scientific data to show how much water South Sudan has used since it got

independence in July 2011.67

Tadesse argues that since the signing of the CPA, South Sudan is expected to invest in

agriculture to meet the food demands of its ever increasing population. Currently at 8.3.million,

South Sudan‟s population is expected to triple to twenty five million by 2050. The Nile basin

countries continue to plan the construction of dams which would aid in the production of hydro

electric power. 68

3.3.2. Other Riparian states

At the moment, Ethiopia, Egypt and Sudan are the dominant actors of the Nile; other riparian

states are sidelined. The 1959 treaty still applies today but other riparian states want it dissolved

so that a framework for equitable distribution of the Nile water can be negotiated. Gledistch

argues that with persistent droughts, poverty, food insecurity conflicts and famines, water

availability is critical to eradicating these problems.69

Kenya, Uganda, Tanzania, Rwanda, Burundi and DRC Congo have invested so much in

the construction of dams to produce power and manage water for irrigation. For instance,

66

Collins R., The Waters of the Nile: Hydro-politics and the Jonglei Canal 1900-1988, (Oxford, Oxford University

Press, 1990). 67

Ibid 68

Tadesse D., Post Independence South Sudan: The Challenges Ahead, Working Paper No.46, (International

Institute of Politics, 2012). 69

Gleditsh P., and Hamner J., Shared Rivers, Conflict, and Cooperation Shared Rivers, Conflict, and Cooperation‟,

Paper Presented at the 42nd Annual Meeting of the International Studies Association, Chicago, IL, 21-24 February

2001.

Page 45: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

33

Tanzania is working on building a multimillion pump that will help draw water from Lake

Victoria.70

3.4.Hydro-politics of the Nile: Actors, Issues and Perspectives

Hydro-politics of the Nile is complicated by factors such as the Independence of South Sudan,

China‟s presence in the Horn of Africa region and water stress.

3.4.1. The rise of China in the Horn of Africa Region

China has been strengthening its economic ties with Africa through colossal investments in

natural resources extraction, oil, infrastructure projects, construction, textile and other

commodity sectors. In 2007, the value of trade between the two parties had reached US$ 65

billion. China‟s main oil and gas supplier in Africa is Sudan. Oil exports from Sudan now

constitute one tenth of China‟s total oil imports.71

Large argues that the state-owned China National Petroleum Corporation (CNPC)

possesses and controls the largest single share of oil in the Nile basin region. Dams and hydro

engines are a source of soft power and are also crucial for China‟s own transformation. 72

Verhoeven observes that Beijing has been constructing dozens of hydroelectric dams abroad

including in the Nile Basin.73

China has also established hydro infrastructure in Ethiopia. China‟s

growing influence has reduced Western leverage over both Addis and Khartoum.74

Conversely,

70

Naluyaga R., Saving the Nile by a Drop of Blood: Egyptian President‟s Only Option, (Daily Nation Reporter,

28.06.2013), p26. 71

Tekle M., Africa-China Trade Tops 65bln USD, Sudan Tribune, 2008. 72

Large D., As the beginning ends: China returns to Africa, in African perspectives on China in Africa, F. Manji and

S. Marks (eds.), (Nairobi and Oxford: Fahamu, 2007), p2. 73

See footnote No. 17 74

Verhoeven H., Hydro politics of the Nile in Sudan after Separation: New Approaches to a New Region (vol. 28),

(Henrich Boll Stiftung Publications, 2010) , pp104-107

Page 46: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

34

Lassana argues that China‟s presence in the region has helped fund the Janjaweed militia and the

genocide in Darfur.75

3.4.2. South Sudan

The allocation of water and establishment of hydro- infrastructure are central to economic,

ecological and demographic development. South Sudan depends on oil revenues for ninety eight

percent of its state budget; it also has great potential for Agriculture. It also has potential for

agricultural production. Building hydro infrastructure could help generate electricity and divert

water for irrigation.76

There has been a historic rivalry between North and South Sudan. South Sudan would

face the greatest challenge of balancing cooperation with its own unilateral objectives which its

people sorely need. Governments of both countries are aware of the potential of the challenge of

securing water, so they guard their own, while constantly looking for more to exploit; this fear

leads countries to act unilaterally.77

3.4.3. Water Stress

Water stress is taking its toll on the Nile basin region; devastating droughts which have resulted

from drops in the levels of Lake Victoria have adversely affected both pastoralists and

agriculturalists. For instance, Uganda has had to reduce water outflow from the Owen falls dam

to counteract the recent drop in the levels of the dam‟s water. Reduced levels of water at the

Owen falls dam have undermined the productivity of the dam‟s Hydro electric power facility,

75

Lassana K., The Impact of China’s Presence in the Horn of Africa: Human Rights, Oil and Weapons, 2010 76

Ibid 77

Ibid

Page 47: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

35

increasing the country‟s power shortage.78

Other riparian states are experiencing water stress

hence seek to get a share of the Nile to increase their water security. Increase in demand for

water by the Nile riparian states will further complicate the existing conflict.

3.5.Players, Options and Preferences: Application of Theory

In game theory, there are three elements: the players, the options and their preferences for both

outcomes. Madani et al states that the Nile river hydro-politics has four key players; these

include:

3.5.1. Players and Options

3.5.1.1. Upstream Nations

Upstream nations include Eritrea, Kenya, Uganda Tanzania, Burundi, Rwanda, DRC Congo and

Ethiopia. These countries are located on the upper White Nile centered on Lake Victoria. Though

most of them do not have hydro political interests, Waterbury argues that they are categorized as

one player with the same interests, options and preferences. These countries face acute water

shortages as a result of the 1959 Nile treaty that gives Egypt full control of the Nile.79

Madani et al articulate that this group of countries has three options: The First option that

upstream countries are likely to pursue is to construct an artificial river from Lake Victoria that

will serve their interests. This plan will exclude downstream countries and consequently improve

their water based development initiatives. The second option is to cooperate with the

downstream countries on the basis of the Comprehensive Framework Agreement (CFA) because

it will ensure cooperation of all countries with equal representation, and involvement of

78

Kagwanja P., Calming the Waters: The East African Community and Conflict over the Nile Resources, Vol.1

No.3, (Journal of Eastern African Studies, 2007), Pp321-337. 79

Waterbury J., The Nile Basin: National Determinants of Collective Action, Yale University Press, 2002.

Page 48: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

36

international actors.80

The last option includes maintaining the status quo, that is, these countries

adhere to the 1959 Nile Treaty which does not recognize their rights.81

Conversely, the hydro-

political status quo has been slowly changing; this has made the situation in the region more

complex. Upstream countries continue to insist on equitable utilization of Nile waters rather than

historical user rights.82

3.5.1.2. Ethiopia

Ethiopia is one of the poorest countries in the region yet it gives eighty five of its water to the

Nile. El Fadel et al argue that Ethiopia has great potential for agriculture yet only 0.2 percent of

its arable land has been cultivated. Ethiopia imports most of its food from Egypt and therefore

Egypt is not willing to reduce that dependence. If Ethiopia were allowed a stake in the Nile

waters, it would reduce droughts and incidences of food insecurity.83

The Nile Basin Initiative states that Ethiopia can pursue four options: The first option is

cooperation. As one of the founder members of the Nile Basin Initiative, Ethiopia may choose to

cooperate with other Nile riparian states -both downstream and upstream- countries to attain its

interests. The second option is that Ethiopia may also sign an agreement with Sudan that is

independent of Egypt‟s action and independent of the Nile Basin Initiative.

That last option for Ethiopia is that it will let the 1959 treaty prevail. Under this

arrangement, the Nile will continue to be dominated by Egypt and Sudan. In this case, Ethiopia

will refrain from water related development and continue to rely on imported food because of the

80

ICE, The Nile river Dispute: The Inventory for Conflict Environment, 1997.

http//:www.american.edu/ted/ice/BlueNile.htm (Accessed October 21, 2013) 81

Madani K., Rheinheimer D., Elimam L. and Connel-Buck C., A Game Theory Approach to Understanding the

Nile basin conflict, 2012, pp 102-116. 82

Zeitoun M., and Warner J., Hydro-Hegemony- A Framework for Analysis for Trans-boundary Water Conflicts (

(Water Policy, vol.8, No. 5, 2006) 83

El Fadel M., El Sayegh Y., El Fadel K., Khorbotly D., The Nile Basin: A Case Study in Surface Water Conflict

Resolution, (National Resources, Life Science Education (32), 2003), pp 107-117.

Page 49: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

37

pressure from Egypt.84

Lastly, Ethiopia may ally with the upstream nations to pursue unilateral

projects as in the case of the Grand Ethiopian Renaissance Dam.

3.5.1.3. Sudan (North)

Both South Sudan and the Sudan according to the 1959 treaty are entitled to a third of what

Egypt gets. Sudan (North) has good relations with both Egypt and Ethiopia. The first option is to

maintain the status quo. With this option, it will continue to receive its annual allocation. This

option is complicated because besides the need to have good relations with Egypt, Sudan (North)

needs to maintain good relations with Ethiopia as well as seen in the joint development projects

undertaken by Ethiopia and Sudan (North). Ethiopia can no longer be ignored in the region.

The second option is that Sudan (North) may also cooperate with the NBI Countries and

this will ensure equity in the sharing and distribution of the Nile waters. If Sudan (North) does

not cooperate with other upstream countries, it will not be able to achieve sustainable quantity

and quality waters.85

The third option is for Sudan (North) to develop its independent water

resources. Sudan (North) has developed several projects on the Nile river; for example, the

Sennar dam, the Rossaries and Kashim on the Blue Nile and the Girhba dam on the Atbara. In

this option, Sudan (North) will be able to develop its water resources more vigorously with less

regard for Egypt which relates to its development projects so long as they do not encroach on its

own water supply.86

84

Madani K., Rheinheimer D., Elimam L., and Connel-Buck C., A Game Theory Approach to Understanding the

Nile basin conflict, 2012, pp 102-116. 85

The Reporter, Ethiopia: Challenges of the Unilateral Approach towards shared Nile Water Resources, (The

Reporter: African News, All Africa, 2006), pp1-3. 86

Madani K., Rheinheimer D., Elimam L., and Connel-Buck C., A Game Theory Approach to Understanding the

Nile basin conflict, 2012, pp 102-116.

Page 50: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

38

3.5.1.4. Egypt

This is the most downstream country of the players. With its political and military might, Egypt

has more flexible options. It has constructed a number of dam projects in the region, such as the

Aswan High dam, N. Sinai Agricultural Development Program, Artificial lakes and other

massive projects.

First, Egypt would do anything to maintain the status quo. Under the 1959 Agreement,

the Nile is almost fully controlled by Egypt. This is the best option for Egypt because it

guarantees that it gets its annual quota and fully utilizes the Nile during the dry seasons. Allan

argues that Egypt is likely to pursue this option for a long period of time.87

The second option for Egypt is to invoke military or economic retaliation. It is politically,

economically and militarily strong in the region and the African Union. If any country pursues an

independent water development project, using force is another way out for Egypt to achieve its

interests.

Its last option is to cooperate with other riparian states under the Nile Basin Framework.

This will ensure equitable and effective distribution of water. This option would be motivated by

the fact that Egypt seeks not only to maintain a good image in the international system but also

create good relations with other Nile riparian states.

3.5.2. South Sudan

As a middle stream riparian state, South Sudan is bound to take the following options: the first

option is to maintain the status quo. South Sudan still benefits from the1959 treaty agreement in

that it is entitled to its annual flow of the Nile as per the agreement. Additionally, it is unclear

87

Allan J., The Nile Basin Evolving Approaches to the Nile Management Program; Environmental Challenges of

the Next Millennium, (Israel Society for Ecology and Environmental Quality Science; Jerusalem., 1999).

Page 51: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

39

under the 2005 CPA what share of water both South Sudan and the Sudan entitled to as they

signed the treaty as one country in 1959.

South Sudan‟s second option is to cooperate under the Nile Basin Initiative. Under this

framework, all riparian states will benefit from equitable water distribution. It will also cement

good relations. Its last option is to pursue independent development projects. South Sudan is one

of the least developed countries in the region; it is just getting on its feet. It has poor

infrastructure, it has not developed major water resources and still experiences issues with

sanitation. This option is detrimental to South Sudan because it still depends on Sudan on many

things. Besides, if the country sets up such projects they will take a very long time to be

established.

3.5.2.1 Preferences

The players‟ preferences of the outcome of the game in game theory vary according to their

political or economic hierarchy in the region. The options available to them and other players

depend on their water resources potential vis-à-vis the current developmental levels; and their

physical allocation in the Nile river basin. The following table shows the preferences of the Nile

basin riparian states.

Page 52: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

40

Table 3: A Summary of the Preferences of Players in the Nile Bain Hydro-Politics

UPSTREAM

COUNTRIES

EGYPT SUDAN ETHIOPIA SOUTH

SUDAN

Defined by the

desire to

challenge the

status quo

Defined by the

desire to maintain

the status quo

Benefits from

the status quo

Seeks to

change the

status quo

Cooperates

with Sudan

for mutual

Benefit

Do not prefer

military nor

economic

retaliation

Will use military

and economic

retaliation if the

course of the Nile

is diverted

Do not prefer

military nor

economic

retaliation

Will use

military force

if Egypt uses

force

Does not

prefer military

nor economic

retaliation

The 1959

agreement

should be done

away with to

pave way for an

all-inclusive

agreement

Upholds the 1959

agreement and

does not support a

new all- inclusive

agreement

Upholds the

1959 agreement

but is open to

negotiating

support of a new

all- inclusive

agreement

The 1959

agreement

should be

done away

with to pave

way for an

all-inclusive

agreement

Benefits from

the 1959

agreement but

is open to

negotiating

support of a

new all-

inclusive

agreement

It is highly likely that Egypt will use force (economic and military) in the future to

retaliate if other states‟ preferences involve independent development. For decades, the use of

force by Egypt has been effective. If Ethiopia decides to use force too to protect its own interests,

Page 53: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

41

there is bound to be a water war between Egypt and Ethiopia. This means that history has a

critical role to play in the Nile basin hydro-politics.

If states choose to cooperate, they are likely to resolve their differences in the use and

distribution of water and come up with an all inclusive long lasting solution. From the table

above, most countries favor non aggression. Therefore, Egypt will have to change its preferences

for peace to reign in the region.

3.6. The role of South Sudan in the Nile diplomatic game

The Nile has always played a major role in the geopolitics of North-East Africa. Through it,

alliances, hostilities, coalitions are formed and politics of the regions shaped. Weis observes that

the region has for decades been locked in proxy conflicts.88

In the long run, Sudan‟s share of the

1959 treaty will have to be renegotiated between Sudan and South Sudan and its quota quickly

be reached. The question whether or not South Sudan will join the NBI, thereby allying with the

upstream states is also pending.89

Egypt has had a near monopoly over the use of the Nile but has since been challenged by

upstream countries.90

Ethiopia‟s persistence on building the renaissance dam has shown signs of

changing balance of power in the Nile region.91

Egypt has been bullying other countries through

the threat of war. Egypt cannot by itself subdue all states that have a stake in the Nile. Egypt‟s

former president, Mohammed Morsy threatened war against Ethiopia as a reaction to the

establishment of the Grand Renaissance Dam which could divert the flow of Nile to Egypt.

88

Weis T., Sudan After Separation: New Approaches to a New Region, Publication Series on Democracy, vol. 28,

(Henrich Boll Stiftung, 2012), pp 104-106. 89

Sudan Tribune, South Sudan tells Egypt it will respect existing Nile water treaties, March 28th 2011

http//www.sudantribune.com/SouthSudan tells Egypt- it- will 38423 accessed 20th

December, 2013. 90

Backlander C., The Balance of Power Upset in the Battle for the Nile Nordic African Institute. July 14, 2013. 91

See more on balance of power in Kegley C., and Wittkopff E., World Politics: Trends and Transformation (10th

ed), 2005, p.503

Page 54: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

42

According to Morsy, “Egypt is a gift to the Nile and the Nile is a gift to Egypt and if it

diminishes by one drop then our blood is the alternative.”92

Upstream countries have often acted as one bloc trying to balance the dominant

downstream countries that have always acted as a bloc. The entry of South Sudan as a middle-

stream country is bound to change the balance of power in the Nile hydro-politics significantly.

Since its independence, South Sudan was expected to sign the CFA but it has not; this is because

it still benefits from the 1959 Nile Agreement. Similarly, DRC Congo remains neutral while

Eritrea remains an observer state since it is not located along the Nile or its tributaries, so not

eligible to sign.

If the 6th

country signs the CFA, then power is likely to shift from downstream to

upstream countries. With the CFA in place, the Nile riparian states may come together to

establish another treaty that would ensure equitable use and distribution of the Nile waters and

resources. If the CFA doesn‟t go through, downstream countries will continue to have monopoly

over the Nile. Therefore, South Sudan remains a key determinant in the shift of power in the Nile

hydro-politics. The alliances that South Sudan is likely to form will most definitely border on its

national interests. 93

Additionally, the Jonglei Canal in the Sudd region is a swampy region where the Nile

disperses itself on 600 kilometers and loses more than fifty percent of its water by evaporation.

The canal was constructed by Egypt and Sudan in 1980 to channel the water before it gets lost

and would increase Egypt‟s Nile flow by ten percent. The project as planned would simply

perpetuate poverty and underdevelopment of the inhabitants of the area hence was stopped in

92

See footnote No.15 93

Ayebare A., Issue Brief: A Political Storm over the Nile, International Peace Institute, New-York, 2010.

Page 55: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

43

1984 after SPLM/A attacks. In case of water sharing renegotiation, the Jonglei Canal will

certainly be used as a political move by South Sudan in its favor toward Sudan and Egypt.94

The Nile offers enormous development opportunities not only for South Sudan but also

for the other Nile Basin countries. Actually, future prospects for the people living in the region

fully depend on the river. This current process of this diplomatic game can be a win-win

situation if every country manages to make compromises. If so, those African countries will

enjoy the enormous asset that is the Nile river. 95

3.7. Cooperation in the Nile Basin Region: The Nile Basin Initiative (NBI) and the

Comprehensive Framework Agreement (CFA)

3.7.1 The NBI and the CFA

Riparian cooperation in the Nile basin has a very short past, dating back to the 1950s, and has

been a non-issue for quite a long time. Anchored in a Shared Vision „to achieve sustainable

socio-economic development through the equitable utilization of, and benefits from, the common

Nile basin water resources‟, the Nile Basin Initiative (NBI) has provided a convenient forum for

the negotiation of a Cooperative Framework Agreement (CFA) to set up a permanent, inclusive

legal and institutional framework.96

The Comprehensive Framework Agreement, ratified May 14, 2011 had the main

objective of setting up a new, independent body to authorize all Nile projects. Six of the eleven

states bordering the Nile have signed the agreement; this, in theory, is enough to bring it into

force – although in practice not having Egypt, Sudan, and South Sudan on board would of course

94

Teshome W., Trans-boundary Water Cooperation in Africa: The Case of the Nile Basin Initiative (NBI)

Alternatives, (Turkish Journal of International Relations, Vol. 7(4), 2008). 95

Natsios A., and Abramowitz M., Sudan’s Secession Crisis: Can the South Part from the North without War?, 90

Foreign Affairs, January, 2011 96

Mekonnen D., The Nile Basin Cooperative Framework Agreement Negotiations and the Adoption of a ‘Water

Security’ Paradigm: Flight into Obscurity or a Logical Cul- de Sac? (European Journal of International Law, 2010),

pp 421-440.

Page 56: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

44

prove difficult. Carson argues that the CFA presents the best opportunity to set up an

independent decision-making body.97

According to Article 42 of the Nile Basin Comprehensive Framework Agreement, the

CFA shall enter into force on the sixtieth day following the date of the deposit of the sixth

instrument of ratification or accession with the African Union. Till today, six nations-Ethiopia,

Rwanda, Kenya, Tanzania, Uganda, Burundi have signed it and DRC will follow in the

unprecedented future.

Upon the ratification of the treaty, according to Article 15, the CFA will establish the

Nile Basin Commission. To this day, signatories are all, therefore, upstream states; no

downstream state has signed yet.98

The CFA serves as the only formalized alternative to the 1959

Nile Waters Agreement. It enshrines the doctrine of equitable and reasonable utilization, granting

every member the right to use water from the Nile.99

Studies carried out by Cascao reveal that

four scenarios are likely to emerge on the question of cooperation or lack of it thereof in the Nile

basin conflict through the Comprehensive Framework Agreement (CFA) and the Nile river basin

Commission (NRBC)100

:

Scenario one: Where all the Nile riparian states will ratify the CFA and the NRBC and

that the Nile Basin Initiative (NBI) is replaced by new institutions. This is the best solution as

this kind of cooperation will attract financial support from international donors. There is a

guarantee that there will be peace in the Nile basin region. 97

Carson B., Hydro politics of the Nile: Reassurance or Realignment? Think Africa Press, 16th

May, 2011

http://thinkafricapress.com/blogs/ben-carson 98

Zerihun A., The Nile Basin Initiative (NBI): Current Status, Challenges and Prospects,2012 99

Agreement on the Nile River Basin Cooperative Framework, art. 42, opened for signature May 14, 2010,

available at

http://internationalwaterlaw.org/documents/regionaldocs/Nile_River_Basin_Cooperative_Framework_2010.pdf. 100

Cascao A., Institutional Analysis of the Nile Basin Initiative: What Worked, What Did Not Work and What are

The Emerging Options? Report Submitted to International Water Management Institute as a part of the Nile Basin

Focal Project, International Water Management Institute, 2009.

Page 57: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

45

Scenario two: Downstream riparian states fail to ratify the NBRC and the CFA

immediately but have an opportunity to join the NBRC that will be formed by two thirds

majority. In this case, there are bound to be tensions between the upstream and downstream

states. Additionally, financial support will be a problem as financial institutions such as the

World Bank favor an all inclusive basin-wide organization with a shared vision.

If downstream states fail to recognize the NBRC and the CFA, it will be hard to

implement projects especially if they insist on the 1959 treaty. Egypt might use its hegemonic

position to influence international financial institutions and western development partners to

withdraw their support for the Nile river basin projects. In this case, upstream countries may opt

to implement their projects independently through bilateral cooperation with support from China.

Scenario three: Where the CFA is not ratified in the short term and that the NRBC is not

established, it will be hard to provide for international financial institutions to support projects in

the Nile. Consequently, bilateral agreements and unilateral decisions are likely to be the order of

the day.

Scenario four: Where the CFA is not ratified and that the NRBC is not established at all,

an approach inclusive of cooperation will be impossible. Therefore, unilateral movements and

bilateral agreements are likely to occur. Additionally, the Nile basin atmosphere will be that of

increased tensions due to the lack of mutual trust and cooperation among the riparian states.101

Therefore, a cooperative approach is the most appropriate in the end as cooperation

within the NRBC will be sustainable rather than relying on unilateral or bilateral agreements.

101

Cascao A., Institutional Analysis of the Nile Basin Initiative: What worked, what did not work and what are the

Emerging Options? Report Submitted to International Water Management Institute as a part of the Nile Basin Focal

Project, International Water Management Institute, 2009.

Page 58: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

46

States that take unilateral action risk being isolated in the region, thereby losing their hegemonic

power in the process. Cooperation thus brings about a win-win situation.

3.7.2. South Sudan’s Legal Rights under the CFA

Unlike the 1959 Nile Waters Agreement, state succession does not play a role in the analysis of

South Sudan‟s right to accede to the CFA. Sudan is a member of the NBI, but South Sudan is

currently not, though it is seeking membership. The CFA is not an agreement exclusively meant

for NBI members i.e. Nile hydrology, not political affiliation or national identity, acts as the

determinant for party eligibility.102

South Sudan can ratify and accede to the CFA because of the White Nile‟s flow through

its sovereign territory under Article 41 of the CFA. Though the CFA has not entered into force,

South Sudan‟s ratification or accession is eligible to count as one of the required six state

ratifications or accessions necessary for the CFA to enter into force.103

3.8. National Strategies towards Water Resources in the Nile Basin Region

The flow of the Nile as a naturally endowed commodity has benefited North Eastern Africa

countries‟ economic activities through the agriculture and tourism sectors. About 90 percent of

Egypt‟s land mark is desert and therefore, many populations have concentrated along the Nile

river basin, due the economic opportunities available along the Nile river basin.104

The complete dependence of water resources over the centuries have caused the Nile

river basin to deplete, especially of essential material resources causing high rate of

102

Malingha D., Burundi Government Signs Accord on Use of Nile river Water, Bloomberg, Feb. 28, 2011,

http://www.bloomberg.com/news/2011-02-28/burundi-signs-accordon- water-usage-from-nile-that-may-strip-egypt-

of-veto.html. Accessed 29th December, 2013. 103

Sudan and South Sudan: The Mother of All Divorces, The Economist, Feb. 11, 2012

http://www.economist.com/node/21547300 Accessed on 29th December, 2013 104

Mageed R., The Geopolitics of Water in the Nile river Basin ,Global Research Center on Research on

Globalization, 2013.

Page 59: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

47

unemployment, diseases and hunger in the countries depending on the water resources. Global

warming due to climatic conditions and green house emission effect according to Conway et al,

is one of the contributing factors for the recent water resource decline in the Nile river basin.105

As a result, development along the Nile river has led to water resource pollutions by many

riparian countries.106

The benefit sharing debate has dominated many scholarly discourses on the Nile issue.

Porter argues that the problem in benefit sharing cooperative agreement is the fact that many

riparian countries come from different political and socio-cultural backgrounds and are therefore

prone to series of political and civil upheavals that will endanger any attempt by riparian

countries to cooperate for mutual benefit sharing. The most significant one is the Ethiopia-Eritrea

conflict that has rocked the region for several years. Others include the Somalia civil conflicts,

the Rwanda Burundi and many others in Sudan that have worked to prevent many cooperative

agreements to realize their potential. Although mutual benefit is essential, its implementation to a

full potential is unattainable.107

The CFA and the GERD have taken the hydro politics of the Nile river into a new level.

These two projects are fertile grounds for fierce diplomatic confrontation for they disrupt the

prevailing structure in the basin. Therefore, Ethiopia‟s reactive foreign policy orientation must

give way to the more proactive and active foreign policy orientation as evidenced in the two

developments-CFA and the Grand Ethiopian Renaissance Dam.108

105

Conway D., and Schipper E., "Adaptation to climate change in Africa: Challenges and opportunities identified

from Ethiopia." Global Environmental Change 21, no. 1 (2011): 227-237. 106

Porter S., The Republic of South Sudan and Africa’s Thirst for the Nile, Africa Faith & Justice Network, 2011 107

Ibid 108

Zerihun A., Egypt’s Strategy on the Nile: Active securitization towards Active Delusion, 2012

Page 60: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

48

3.9. Conclusion

In water-scarce regions like the Nile river Basin, South Sudan‟s emergence means additional

demands on either static or dwindling water resources, making it somewhat surprising that South

Sudan and Sudan did not come to an agreement on use of the Nile prior to South Sudanese

independence. Dellapenna argues that the CFA provides South Sudan with greater flexibility for

its current and future water needs, stronger ties with socio-cultural regional peers, and greater

domestic sovereignty. 109

If South Sudan allies itself with powerful downstream states; it will still be entitled to

some amount of water from the Nile according to the 1959 Nile Treaty. Egypt can very well

contribute to significant changes in the regional hydro political relations. Conversely, if the

country cooperates with upstream countries, it will benefit a lot. The EAC links South Sudan

with its main economic and trade partners, aiming to deepen the relationship, with plans such as

building a future oil pipeline from South Sudan to the port of Lamu in Kenya.

On the basis of the above discussions, it can be concluded that with the nature of tensions

in North Eastern Africa, the Nile riparian countries are on the brink of an armed conflict over the

control and use of Nile water resources. Since water is a vital part of the economic resources of

Africa, the water resources just as any other economic resources has a full potential of tension

and conflict; therefore, there is a likelihood of an armed conflict over the Nile river waters by its

riparian states.

109

Dellapenna J., Treaties as Instruments for Managing Internationally-Shared Water Resources: Restricted

Sovereignty v. Community of Property, (26 CASES: W. RES. J. INT‟L L, 1994), pp27-35.

Page 61: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

49

CHAPTER FOUR

AN ANALYSIS OF THE HYDROPOLITICS OF THE NILE RIVER

4.1. Introduction

Water scarcity has become a social, security and economic issue in the Nile basin region and

downstream states are the most distressed.110

Chapter three examined the information from the

Nile river basin states to review the role of South Sudan in the Nile basin conflict. It reviewed

data from unpublished documents to examine how states in the Nile basin region have dealt with

the issue of water sharing. In the process, chapter three captured the role of non state actors in the

Nile basin conflict.

This chapter will use the data from chapter one, chapter two and chapter three to critically

analyze the role of South Sudan in the Nile basin hydro-politics. It will look at the complexity of

the Nile basin conflict, South Sudan, agriculture, water scarcity and Egypt-Ethiopian conflict as

emerging issues in the Nile basin region.

4.2. Emerging Issues

4.2.1. Complexity of the Nile Basin Hydro politics

Conflicts of interest are bound to arise when resources are shared amongst many countries.

Misunderstandings often crop up with regards to the issue of allocation and sharing of these

resources; these usually are a cause of instability within and amongst these states. In the case of

the Nile, water is the shared resource. Kasimbazi argues that internationally shared water bodies

create political, social and economic tensions concerning the allotment, use and management of

110

Caponera D., Principles of Water Law and administration: National and International,2012

Page 62: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

50

water.111

It is on this premise that Gleick argues that individual states that are armed with

sovereign rights to territorial resources have often used water as a shared resource to serve their

political, economic and social goals.112

The Nile basin region is prone to conflicts of different nature and magnitude. Therefore,

the Nile hydro politics have to a large extent been shaped by conflict. Threats also arise from

politically unstable neighbors for instance Somalia in the Great Lakes region. The Arab spring

politically weakened the downstream countries. Unresolved issues between Sudan and South

Sudan have caused conflicts between both countries. Additionally, tensions between Ethiopia

and Eritrea remain since the end of the 2000 Ethiopia-Eritrean war. Other riparian states not only

continue to experience internal disputes but also the violence that results from general elections

after every five years.113

When these conflicts are internationalized by agents of internationalization such as

refugees, the media and the actors and issues involved, the hydro-politics of the Nile become

intricate. The Nile has the most riparian states than any other international river basin in the

world. All Nile riparian states have been experiencing population and economic growth, thereby

increasing their demand for water.114

According to Ulman, the threat of water scarcity defines the

relationship between the environment and political interests of the Nile riparian states.115

Each of the 11 riparian states has different plans for the Nile basin; for instance, while

Egypt uses the river for cotton farming, Ethiopia, Uganda, Rwanda amongst other riparian states 111

Kasimbazi E., Complexities of Developing a Transboundary Water Resources Management Agreement: The

Experiences from the Nile Basin, School of Law: Makerere University, 2010. 112

Gleick P., Coping With the Global Fresh Water Dilemma: The State and Global Governance in the Global

Environment in the 21st Century, Prospects for International Cooperation on Market Forces, 2009.

113 Aboul –Enein Y., Nile basin conflict: Perspectives on Water Sharing, Food Shortages, Civil Wars and

Terrorism, Small Waters Journal, 2008. 114

Ibid 115

Ulman R., Redefining Security, International Security, Vol 8(1), 1983, p133

Page 63: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

51

utilize it for hydropower. Therefore water scarcity and degradation not only complicate the Nile

basin conflict but also pose a threat to local, state, regional and even global stability.116

The Nile basin hydro-politics are further complicated by the core question of historic

versus sovereign water rights. This is further complicated by the technical question of where the

river ought to best be controlled-upstream or downstream. Egypt argues that without an

alternative source of water, the country will likely experience water shortages by 2017 if the

riparian countries initiate major irrigation and hydroelectric power projects. The 1959 treaty

states that there should be consultations with Egypt and Sudan before any project is initiated.117

4.2.2. Egypt-Ethiopia Conflict

Egypt has been the Nile hydro-hegemon for a long time. Gleick argues that Egypt considers the

access and supply of the Nile's water as its undisputed right.118

Backlander argues that its

position has since been challenged by upstream countries. For instance, the proposed

hydroelectric projects by Uganda and Rwanda and most of all the Grand Ethiopian Renaissance

Dam (GERD) have not only posed a threat to Egypt‟s position on the Nile but also its national

security and interests.119

On one hand, Egypt is ready to go to war to protect its position on the Nile. On the other

hand, Ethiopia is ready to go to war to defend its interests since both countries have economic

and geographic leverage respectively over the Nile. Critics argue that there is no evidence to

116

Climate Change- Independent Evaluation Group. http://www.ieg.worldbankgroup.org./topic/climate-

change?gclid=c12p9, Accessed 24th

January, 2014. 117

Dudin M., and Frentzen C., Egypt-Ethiopia over Nile Waters Flares, 2013.

http://www.rappler.com/world/31553-egypt-ethiopia-conflict-over-nile-waters-flares (accessed October 18th 2013) 118

Gleick P., Coping With the Global Fresh Water Dilemma: The State and Global Governance in the Global

Environment in the 21st Century, 2009.

119 Backlander C., The Balance of Power Upset in the Battle for the Nile Nordic African Institute, July 14, 2013.

Page 64: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

52

show that countries have gone to war over water. Wars over water according to Kagwanja are

neither strategically rational nor economically viable.120

Therefore, hydro-politics of the Nile

depend upon the desire of Sudan and Egypt to maintain a strong hold on the Nile waters amidst

growing resistance by the upstream riparian states.

4.2.2.1. Control Strategies: The destabilization policy

Conflicts tend to destabilize world peace. Rayner defines destabilization as an attempt to

brainwash, disorient or abuse or disarm a victim. It can also be applied among states.

121

Therefore, the policy of destabilization can be defined as an attempt by states to undermine other

states‟ economic, military or political power; usually through persistent attempts to demoralize

other countries. This policy is used by states that seek to replace regional governments deemed

hostile towards it. It is directed against independent regional African states.122

On one hand, during his reign, former president Anwar Sadat (1970-1981) declared that

threats to Egypt‟s water security would constitute an act of war. The recently deposed President

Mohammed Morsy, who served as Egypt‟s fifth president (30 June 2012 -3 July 2013), too

adopted similarly confrontational rhetoric in defense of the resource, declaring, “If our share of

Nile water decreases, our blood will be the alternative”.123

Egypt‟s policy of covert destabilization is not only aimed at preventing any concerted

challenge against its control of the Nile Basin but also weakening the potential of target states all

120

Kagwanja P., Calming the Waters: The East African Community and Conflict over the Nile Resources ,(Journal

of East African Studies,Vol1 no.3, 2007), p330 121

Rayner C., Hoel H., and Cooper C.L, Workplace bullying: What we know, who is to blame? What can we do?

2001. 122

Hasu P., South Africa’s Destabilization Policy, The Round Table: The Commonwealth, (Journal of International

Affairs, vol. 76 , 1987), pp303. 123

Verhoeven H., Disorder on the Nile as Power Shifts Towards Ethiopia, International Political Forum, 2013.See

also Naluyaga, R., Saving the Nile by a Drop of Blood: Egyptian President’s Only Option, Daily Nation Reporter,

28.06.2013.

Page 65: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

53

in a bid to prevent them from undertaking any development projects with any significant impact

on the Nile basin conflict. This policy also includes active blocking of financial assistance from

international and regional donors for instance when Ethiopia began the Tana Beles project in

1988, Egypt blocked a loan from the African Development Bank.124

The current general instability amongst the upstream nations can be attributed to this

policy. Egypt cannot control Ethiopia in the same way as Sudan or Somalia. Ethiopia is therefore

the biggest threat to Egyptian hegemony over the Horn; in turn, Egypt's strategy is not to control,

but to subvert. The conflict between Ethiopia and Eritrea gave Egypt a golden opportunity to

sabotage Ethiopia‟s ambitions. Eritrea's role gave Egypt new leverage over Ethiopia thus

Ethiopia was not able to play a leadership role in the region. 125

Additionally, Somalia‟s former president, Siad Barre received extensive and loyal

support from Egypt, including weapons, military training and economic assistance. The aim was

simple: to maintain leverage on Ethiopia, and prevent Ethiopia from achieving stability. Egypt's

main goal in Somalia has been-publicly-to promote peace; but a closer look reveals that every

single one of its actions had been aimed at undermining any peace process supported by the

Ethiopian government.126

Today, Egypt‟s role in the Horn of Africa has become weak; at the same time, Ethiopia‟s

role in this region has become stronger. Dudin and Frentzen argue that Egypt no longer has a role

to play in Somalia; it has not been party to any key negotiations about Sudan and South Sudan. It

is preoccupied with both national and international matters and therefore lacks the ability to

124

Kagwanja P., Calming the Waters: The East African Community and Conflict over the Nile Resources, Journal of

East African Studies, vol.1 (3), 2007. 125

Addis tribune, Egypt and the Horn of Africa, Chamber World Network International Limited, 1998. 126

Ibid

Page 66: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

54

confront regional issues and international players like China which have favored other

considerations that have disregarded Egyptian rights thereby giving more power to its rival,

Ethiopia.127

On the other hand, Mountain argues that Ethiopia has played a big role in the conflict

within South Sudan. First, it has 10,000 peacekeepers between Sudan and South Sudan borders.

Secondly, it hosts Reik Machar, the leader of the current rebellion in South Sudan. Additionally,

Machar‟s coup cronies were released and flown to Ethiopia. Peace talks were also held in Addis

Ababa.128

From the above cases, it can be concluded that the current conflict in South Sudan is

attributable to both Countries. Egypt because of South Sudan„s position on the Grand

Renaissance Dam Project and also because of its weak position over the Nile and Ethiopia.

Ethiopia has its own interests in South Sudan especially oil; it will gain a lot from the oil sector

when government institutions are weak.

4.2.2.2. The Grand Ethiopian Renaissance Dam (GERD)

The importance of the Nile‟s waters and Egypt‟s loss of hydrological veto power is heightened

by the increase in demand for water in the region. The population of the Nile basin region is

expected to double in the next forty years. According to Aboul-Enein, an increase in population

means an increase in the demand for water. Lack of access to water and energy will most

definitely limit growth for upstream countries.129

127

Dudin M., and C. Frentzen, Egypt-Ethiopia over Nile Waters Flares, 2013.

http://www.rappler.com/world/31553-egypt-ethiopia-conflict-over-nile-waters-flares (accessed October 18th 2013) 128

Mountain T., Ethiopia’s Hand in South Sudan, Foreign Policy Journal, 2014 129

Aboul –Enein Y., Nile basin conflict: Perspectives on Water Sharing, Food Shortages, Civil Wars and

Terrorism, Small Wars Journal, 2011.

Page 67: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

55

Loveluck notes that the Grand Ethiopian Renaissance Dam (GERD) will become Africa‟s largest

hydropower plant generating 6,000 megawatts of electricity.130

This means that GERD is highly

likely to reduce the flow of the Nile and this does not augur well with the Egyptian government

and population.131

Access to the Nile waters is at the core of Egypt‟s national interests. Ashok argues that

the construction of the GERD on the Blue Nile has brought about tensions between Egypt, Sudan

and Ethiopia. There are tensions in Cairo over water sharing since downstream countries believe

that the construction of the GERD puts the control of the Nile waters in Ethiopia‟s hands.132

Therefore, it can be concluded that GERD will be able to mitigate inequalities of water sharing

and thereby helping other states to access the Nile.

Other than the threats posed by GERD to downstream countries, Egypt is set to benefit

from the dam in two main ways: According to Lewis, the dam will trap sediments that would

otherwise flow downstream, prolonging lives of major reservoirs. Being the largest

hydroelectricity facility, surplus electricity that is harnessed from the dam can be sold to Egypt

but also spare some electricity for future.133

4.2.3. Significance of South Sudan as a new actor in the Nile Hydro-politics

Before South Sudan‟s independence, all Nile and other rivers crossing the border between Sudan

and South Sudan belonged to the Sudan. Whittington and Waterbury argue that about ninety

130

Loveluck L., Egypt and Ethiopia try to roll back threats over war, Aljazeera, 2013. 131

Pham P., Crisis, Conflict, and Opportunity in the Nile Basin: Strategic Interests, World Defense Review

columnist PhD, 2014. 132

Swain A., Ethiopia’s Dam Project Reflects Shifting Balance of Power in the Nile Basin, World Politics Review,

2013 133

Lewis M., Egyptian Protests, Ethiopian Dams and the Hydro politics of the Nile Basin, 2013

.http//www.geocurrents.ilr/environmental-geographical/Egyptian-protests-ethiopian-dams and- the- hydro-politics-

of –the nile-basin#ixzz2nk33916v.Accessed on the 24th

Jan, 2014.

Page 68: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

56

percent of South Sudan falls in the Nile basin, while about twenty percent of the Nile basin falls

in South Sudan. Southern Sudan is the land where the equatorial and Ethiopian sources of the

White Nile meet, and where the White Nile loses and later re-establishes itself.134

The state of South Sudan has been born at a time of tense relations amongst the ten Nile

riparian countries, exacerbated by the acute differences over some basic principles and

provisions of the CFA. Conca et al argue that South Sudan faces the issue of its relationship with

the other Nile riparian states and how to deal with the Nile Basin CFA. 135

According to Adar,

the six countries that have thus far signed the CFA will do their best to woo, perhaps even

pressure, southern Sudan to become a party to the CFA so as to provide the desperately needed

downstream state for the CFA to enter into force and effect. On the other hand, Egypt and Sudan,

who vehemently oppose the CFA, will do their best to court South Sudan to their side, or at least

keep it neutral on this issue.136

Close to fifty percent of the waters of the White Nile are lost to evaporation and seepage

in the three large swamps of southern Sudan, namely the Sudd of Bahr el Jebel and Bahr el

Zaraf, the Bahr el Ghazal swamps, and the Sobat/Machar swamps. If the Jonglei Canal is

completed, it will be able to conserve the waters of the swamps of southern Sudan that

evaporates. Consequently, the stakes of South Sudan can be classified as very high, almost at par

with Egypt, Ethiopia and the Sudan.137

134

Waterbury J., and Whittington J., Playing Chicken on the Nile? The Implications of Micro-dam Development in

the Ethiopian Highlands and Egypt's New Valley Project, 1998. 135

Conca K., A. Ehrlich and P. Gleick, Conflict over Resources, Draft Background for Working Group 5: Resources

and Environmental Degradation as Sources of Conflict, 50th Pugwash Conference on Science and World Affairs,

Eliminating the Causes of War, Queens College, Cambridge, UK, 2000. 136

Adar K., The Interface between National Interest and Regional Stability: The Nile river and the Riparian States,

African Sociological Review, 2007 137

Kameri-Mbote P., “Water, Conflict and Cooperation: Lessons from the Nile River Basin,” Woodrow Wilson

International Center for Scholars, Navigating Peace no. 4. 2007

Page 69: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

57

South Sudan‟s independence from Sudan has reduced the demographics of downstream

states, thereby weakening their position in the horn of Africa region. According to Briney, the

crisis in Darfur, disputes between South Sudan and Sudan and the international isolation of

Sudan‟s president has made it difficult for Khartoum to maneuver the Nile and has further

weakened the alliance of downstream states. As a result, the balance of power has shifted to

Ethiopia.138

Therefore, the hydro-politics of the Nile are to a greater extent determined by South

Sudan.

4.2.4. The Nile Basin Initiative and the Comprehensive Framework Agreement: Lessons

Learnt

Foulds argues that the lack of a legal agreement among riparian states that share an international

water body continues to increase the possibility of water induced conflicts. The Nile basin

conflict brings about a general atmosphere of suspicion and distrust. The fact that the Nile

riparian states‟ interests are threatened, there‟s a great potential for an armed conflict to emerge

between downstream and upstream countries.139

In 1999 and 2009, the Nile Basin Initiative (NBI) and the Comprehensive Framework

Agreement (CFA), respectively, were set up. These agreements were established to resolve the

legal uncertainty in the Nile basin region. To date, these agreements have not achieved unanimity

because Sudan and Egypt won‟t sign because of the words used in the provision dealing with

water and security.140

The Nile basin region lacks a comprehensive agreement on the use of the

138

Briney A., “Geography of Sudan - Learn the Geography of the African Nation of Sudan." Geography at

About.com., 2011 Retrieved from: http://geography.about.com/od/sudanmaps/a/sudan-geography.htm accessed 23rd

January,2014 139

Foulds K., The Nile Basin Initiative: Challenges to Implementation from Managing Shared Waters: Lessons

Learned, 2012. 140

Goffard C., South Sudan: New Nation of South Sudan Declares Independence, Los Angeles Times, 2011

Retrieved from: http://www.latimes.com/news/nationworld/world/la-fg-south-sudan-independence-

20110710,0,2964065.story accessed 23rd January,2014

Page 70: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

58

Nile river water that binds all Nile riparian states. As a result, there is total absence of

cooperation and coordinated development planning among the riparian states.141

The Nile riparian states can learn a lesson from many other water agreements that have

been successful elsewhere. For instance, the Mekong River Commission (MRC) in South East

Asia was signed after a short period of time because of the long-term relationship and familiarity

of the key players-Laos, Cambodia, Thailand and Vietnam. Kasimbazi argues that this

cooperation has given these countries an opportunity for the management of water utilization

programs for instance dams construction, ecological protection and a dynamic process of water

allocation. Additionally, the Zambezi Water Agreement has succeeded because Southern Africa

Development Community (SADC) has provided a political climate suitable for developing the

agreement.142

4.2.5. Water Security in the Nile

The concept of „water security‟ was a belated inclusion in the CFA made by the Negotiating

Committee the Nile-COM established at its Cairo meeting held in February 2002 with a mandate

to negotiate the draft. Mageed contends that „water security‟ will pave the way for a compromise

as it, allegedly, „has the advantage of relegating existing treaties to the background in favor of

the more dynamic and progressive principles of international water law‟.143

141

Mason S., From Conflict to Cooperation in the Nile Basin, Dissertation, Swiss Federal Institute of Technology,

Zurich, 2004. 142

Kasimbazi E., Complexities of Developing a Transboundary Water Resources Management Agreement: The

Experiences from the Nile Basin, School of Law: Makerere University, 2010. 143

Mageed M., The Nile Basin: Lessons from the Past, in A.K. Biswas (ed.), International Waters of the Middle

East: From Euphrates – Tigris to Nile ,1994

Page 71: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

59

4.2.6. Agriculture

The Nile sub-regions encompass a variety of climatic, land and socio-economic conditions.

Agriculture continues to underpin socio-economic development in the Nile basin region.

Agriculture is the chief livelihood, sustaining millions of people; it provides occupation for more

than seventy percent of the total labor force and contributes more than a third of the region‟s

Gross Domestic Product (GDP). Agriculture is therefore vital to the maintenance of food

security; it anchors rural livelihood for the rapidly growing population.144

Farming systems in the Nile region vary in size, distribution and characteristics. The most

prevailing is pastoralism, crop-livestock and agro-pastoral systems covering forty five percent,

thirty six percent and nineteen percent of land area respectively. Productivity in irrigated

agriculture in the Nile delta and Nile valley is highest while it is low in the rest of the Nile basin

region that depends on rain-fed agriculture.145

One of the major constraints that agricultural development faces is that of water scarcity.

Agriculture is the largest water-consuming sector; it consumes about seventy eight percent of the

peak flow of the Nile at Aswan. Approximately 5.6 million hectares of land is either under

irrigation; 97 percent of it is located in Egypt and Sudan with the remaining 3 percent distributed

amongst upper Nile riparian states. 146

144

Bo A., Wulf K., and Undala A., Water and Agriculture in the Nile Basin, Nile Basin Initiative Report to ICCON,

Background Paper Prepared by FAO, Rome, 2000. 145

Poolard K., Molden D., Notenbaert A., and Peden D., Nile Basin Farming Systems and Productivity, 146

Azza N., Mbuliro M., Hilhorst B., and King J., State of the Nile Basin, (Nile Basin Initiative Secretariat Report,

2012), p122.

Page 72: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

60

In arid and semi arid areas, the agriculture sector competes for water with domestic and

industrial sectors.147

The potential for the agricultural sector is great but it is held back by

constraints in both the natural resource base and policy, institutional and economic environment.

Therefore, enhancing agriculture will lead to the alleviation of poverty in the region. 148

4.2.7. Security Threats in Africa: The Horn of Africa and the Middle East Regions

The proliferation of conflicts in these regions has generated another problem, that of the

proliferation of light weapons. Moreover, the influx of refugees and the uncontrolled movement

of people from one country to another have also made the trafficking of illegal arms much easier,

thus increasing security vulnerability within and between communities. Today, one of the major

security concerns is that it is the individual rather than the state, which has become a soft target

for attackers.149

Conflicts have negative effects on the socio-political and economic development of a

state. Hence, there is a direct correlation between a war situation and the prevalence of poverty.

Poverty in itself is a security concern. Poor people with no basic needs, living in a state of near

or pure anarchy, will pose a threat to the security of the state and its neighbors. This is typical of

Uganda in the 1950s, and Somalia and Kenya in the 1990s.150

Another security issue in these two regions is ethnic conflicts. Ethnic conflicts in Africa,

especially in the Great Lakes region and the Horn of Africa led to the disintegration and collapse

147

Ahmed MD., Islam A., Masih I., Muthuwatta L., Karimi P., and Turral H., Mapping Basin Level Water

Productivity using Remote Sensing and Secondary Data in the Karkheh River Basin, Iran, (Water International, 34

(1), 2009), pp119-133. 148 IPRID Secretariat, Rapid Assessment Study towards Integrated Planning of Irrigation and Drainage in Egypt

Final Report 2005. 149 Ofuho C., Security Concerns in the Horn of Africa in African Regional Security in the Age of Globalization Eds.

By Makumi Mwagiru, (Henrich Boll Foundation,2004 ), pp11-14 150

Berman J., Ethnicity, Patronage and the African State (1998) p. 309

Page 73: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

61

of Somalia as a state. These ethnic conflicts often degenerate into civil wars. The Horn of Africa

has been orchestrated by civil wars, caused mainly by military coups and counter–coups,

struggle for power, and ethnic nationalism. This, in some instances, led to the formation of

military regimes that further institutionalize the militarization of politics in the region. 151

Additionally, the tension between the Arab World and the west, associated mainly with

the war in the Middle East has also affected the Horn of Africa, thus adding to contemporary

security concerns in the region. The post Gulf war period ushered the world into international

politics. The humiliation of Iraq and the subsequent economic sanctions by the UN and the west

in general, tension has led to the building up of tension between the west and the Arab world.

Such tensions have led to the rise of extreme military and fundamentalist politics. Suicide

bombings in Israel and parts of the west have been employed to fulfill the mission of Islamists.

This is what has been notably termed global terror.152

The Lord‟s Resistance Army (LRA) rebel movement in Uganda is another security risk in

the region. There have been reports of massive killings, massacres, abductions and ambushes of

civilians in the northern region of Uganda and some parts of Southern Sudan. Not only is the

accusation by Uganda that the Khartoum government is a major donor to the LRA correct, but

the U.S. government has long listed Sudan as a terrorist country. Hence, this has often fuelled a

degree of tension between the two neighboring Horn of Africa countries.153

151

Nyongo AP., “The Implications of Crisis and Conflict in the Upper Nile Valley” in Conflict Resolution in Africa,

edited by Deng FM.,and Zartman W., (Washington DC: The Brookings Institution, 1991), p.95–114 152

Networking with a view to Promoting 'Peace' Towards a Sustainable Peace Civil Society Dialogue Forum for the

Horn of 'Africa (Nairobi: Heinrich Boll Foundation, 2000) 153 Rupesinghe K., ed., Conflict Resolution in Uganda, (Anthany Ohio University Press, 1989)

Page 74: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

62

Cross-border banditry and cattle rustling is another security issue. Active banditry and

cattle rustling have become prolific along the Kenya–Uganda, Kenya–Somali, Kenya–Ethiopia,

Kenya–Sudan and Sudan–Uganda borders and vice versa. Even though such practices have been

linked to indigenous cultural practices, the introduction of modern weapons has made them

become costly both in terms of human life and resources. The instability in the region coupled

with weak administration in the region, cattle rustling has emerged as one of bigger security

problems affairs in the Horn of Africa.

Numerous Small and Light Weapons (SALWs) arms are in the wrong hands and this in

itself is a security risk within and among countries in the Horn of Africa region.154

The high rate

of the generation of refugees in Africa has added a new dimension to conflict over the use of

shared resources among communities. Armed conflict within IGAD member states, especially

the civil wars in Ethiopia, Uganda, Somalia and Sudan has created a large number of refugees

and internally displaced persons.

In either case, the sudden movement of large populations of people exerts pressure on the

host communities and countries and produce demand-driven conflicts over local resources.

Conflicts between locals and refugees have become a new threat to security within the sub–

region. Furthermore, the proliferation of small arms within the IGAD sub–region and the

consequent increase in the rate of crime can be attributed to the influx of refugees, in an

unregulated cross–border migration.155

154

Ofuho C., Security Concerns in the Horn of Africa, in Mwagiru M; eds African Regional Security in the Age of

Globalization, (Henrich Boll Foundation, 2005), p5. 155

Chweya L., Emerging Dimensions of Security in the IGAD Region in African Regional Security in the Age of

Globalization Eds. By Makumi Mwagiru, (Henrich Boll Foundation,2004 )

Page 75: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

63

4.2.8. Other Issues

Apart from the conflict regarding the distribution and use of the Nile waters, there are many

other issues that plague the Nile Basin region. Some of these issues include: Climate change, the

role of non state actors in the Nile basin conflict and the role of development partners in the Nile

basin conflict.

4.2.8.1. Effects of Climate Change on the Nile Basin Hydro politics

Water is not only a necessity for life but also a critical component of each and every economic

activity such as farming, industry and energy production. A number of countries in the Sahel

have been experiencing water-stress due to insufficient and unreliable rainfall, droughts and

famine, water scarcity, insufficient and unreliable energy and flooding; all of these natural

disasters are caused by climate change.156

The Nile river basin can be considered a climate security hot spot, as it is expected that

this region will be severely affected by climate change. Rising temperatures and changing

precipitation patterns exacerbate already existing problems of desertification, water scarcity, and

food production, posing a challenge for the stability of the entire region. The fact that the Nile

river has the most riparian states than any other international river basin in the world means that

river Nile water is at the risk of depletion and therefore needs to be managed well by its riparian

states.

Climate change has emerged as a new challenge, adding to the existent political and

demographic ones. Tadesse argues that climate change often exacerbates water problems. It can

also have multiplier effects on other factors affecting resources. For Instance, where climate

156

World Bank, World Development Report – Development and the Environment, Washington D.C,1992

Page 76: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

64

change has caused desertification in the Sahel, overgrazing usually follows then later these areas

suffer rapid run off and flooding. 157

Environmental scarcity has generated intermediate social effects like poverty and

migration that are interpreted as a conflict‟s immediate cause. The intermediate social effects,

including constrained economic productivity, population movements, social segmentation, and

the weakening of states, can cause ethnic conflicts, insurgencies, and consequently coups

d‟état.158

Pointek argues that of all the Nile riparian states, Egypt is the most vulnerable; effects

of climate change are bound to trigger internal conflict within Egypt and internationally with

other riparian states or cause states to cooperate within the region. 159

Agriculture is the backbone of the Nile political economy; it is the main source of

livelihoods and employment as most countries depend on food aid and agricultural exports.160

All the Nile riparian states depend on a small percentage of the Nile for agriculture but Egypt

depends on the Nile for ninety percent of its water use. Pressure on land and water resources that

is caused by climate change has reduced the availability of water making agriculture less viable.

Climate change not only increases challenges for downstream states but also generates

potential benefits resulting from cooperation with other Nile riparian states. Sudan is vulnerable

to floods that originate from the Ethiopian highlands; in this case, if it cooperates with Ethiopia,

Ethiopia will help it control flooding that has often adversely affected Sudan. In the case of

157

Tadesse D., Hydro-politics of the Nile: Climate Change, Water and Food Security in Ethiopia, Working Paper

No.46, (International Institute of Politics, 2012). 158

Cascao A., Institutional Analysis of the Nile Basin Initiative: What worked, what did not work and what are the

Emerging Options? Report Submitted to International Water Management Institute as a part of the Nile Basin Focal

Project, International Water Management Institute, 2009. 159

Pointek F., Scheffran J., and Link M., Impacts of climate change on the River Nile Conflict: The Case of Egypt,

2008. 160

Cascao A., Climate Change and Hydro-politics: Trans-boundary Water Governance in the Nile Basin, Danish

Institute of International Studies, Copenhagen, Denmark,2012.

Page 77: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

65

Egypt, if it does not cooperate with downstream countries it risks being isolated within the

region. If Egypt is isolated in this region then its position in the Nile basin region will be

weakened. 161

4.2.8.2. Pollution of the Nile River

While most of the Nile river‟s water quality is within acceptable levels, there are several hot

spots mostly found in the irrigation canals and drainages. Sources of pollutants are from

agricultural, industrial, and household waste. There are 36 industries that discharge their

pollution sources directly into the Nile, and 41 into irrigation canals. These types of industries

are: chemical, electrical, engineering, fertilizers, food, metal, mining, oil and soap, pulp and

paper, refractory, textile and wood.162

The water exceeds the European Union‟s standards of fecal contamination and there is a

high saline intrusion in the delta. This happens when there‟s a buildup of salts in the soil. The

soil cannot retain water which prevents anything from growing. Saline intrusion is when the

ground is saturated with saltwater. The northeast Nile Delta region has a high incident rate of

pancreatic cancer that is believed to be from high levels of heavy metals and organ chlorine

pesticides found in the soil and water.163

161

Helmy E., Samia M., Marsafary, and Ouda S., Assessing the Economic Impacts of Climate Change on

Agriculture: A Ricardian Approach, CEEPA Discussion Paper no.16, 2006. 162

.Nile Basin Initiative: Nile Basin National Water Quality Monitoring Baseline Study Report for Egypt, 2005 163

Soliman A., et al. Environmental Contamination and Toxicology: Geographical Clustering of Pancreatic

Cancers in the Northeast Nile Delta Region of Egypt, 2005

Page 78: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

66

4.3. Conclusion

Shared water can either be a source of conflict or cooperation.164

The lack of cooperation in the

Nile basin region has made it difficult for downstream countries to maintain their share of the

Nile. Although there is little evidence to support the fact that water sharing has led to

international armed conflicts, there is a possibility that an armed conflict could occur if the

upstream and the downstream countries do not make concessions. All Nile basin riparian states

should therefore accede to the CFA and incorporate changes that will accommodate downstream

riparian states. Alternatively, these countries could establish an all inclusive agreement that will

incorporate all Nile riparian states.

164

Allan J., Political Economy of Power and Water: Opening Remarks at the Third International Workshop on

Hydro-Hegemony, 2007

Page 79: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

67

CHAPTER FIVE

SUMMARY, CONCLUSIONS AND RECOMENDATIONS

5.1. Summary of Chapters One to Four

When water sources traverse boundaries that is, are shared by many countries, it takes a long

time for these riparian states to produce a common policy agenda that truly incorporates issues

that directly affect the environment and resources into approaches that will reduce the risk of

regional and national conflicts.165

The entry of new issues and actors such as climate change, non

riparian states, financial institutions and development partners into the Nile basin conflict have

not only complicated but also internationalized it.

Downstream countries dominate the use of the Nile at the detriment of the upstream

states. On one hand, Egypt views the Nile from a security prism; reducing the amount of water

entering the country is tantamount to a national security threat. Egypt threatens to go to war with

any Nile riparian state that changes the course of or reduces the amount of water it is entitled to

according to the 1959 treaty. On the other hand, Ethiopia, which is the major source of the Nile;

up till now, it and other Nile riparian states hardly benefit from the Nile river water.

Consequently, tensions continue to exist amongst the Nile riparian states.166

The Nile riparian states depend on an agriculture economy which heavily relies on water

for irrigation for regions that are susceptible to famine and droughts. The upstream Nile riparian

states have asked for their share of the Nile through the Comprehensive Framework Agreement

(CFA); if their rights are granted, the amount of water allocated to the downstream countries will

165

Allan J., The Nile Basin Evolving Approaches to the Nile Management Program; Environmental Challenges of

the Next Millennium, 2007. 166

Cascao A., Climate Change and Hydro-politics: Trans-boundary Water Governance in the Nile Basin, Danish Institute of International Studies, Copenhagen, Denmark, 2012

Page 80: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

68

reduce significantly. There continues to be a clash between Ethiopia‟s interests and Egypt‟s legal

and historical rights over the Nile.167

It is evident from the research that South Sudan‟s entry into the Nile basin conflict has

not only complicated the conflict itself but also the decision making processes. The new country

plays a big role in the balance of power between downstream and upstream countries of the Nile

river basin; it will determine the direction in which power will shift within the region. On one

hand, the upstream nations have tried to woo South Sudan through trade relations and have

offered the new country membership within the East African Community. On the other hand,

Egypt has used the policy of „seduction‟ to woo South Sudan mainly through economic aid,

cooperation and political recognition.168

The existence of multiple agreements and institutions for the management of trans-

boundary water resources is a promising signal of the capacity for cooperation in the Nile basin

region. If South Sudan realigns with the upstream countries, it may contest the 1959 treaty; this

will weaken the downstream front. Sudan and Egypt will be a weak front and will not be able to

defend their position using the 1959 treaty.

Sudan also has its interests; it may support the GERD since it stands to benefit from it. It

is highly likely that in the near future, Sudan will switch positions so that it can achieve its

interests.169

Therefore, cooperation is the only way for Nile riparian states to address

167

Ayeb H., Ethiopia and Sudan Demand their water back: Egypt No longer owns the Nile, Le Monde

Diplomatique, 2013. 168

Defining the Geopolitics of a Thirsty World: South Sudan and the Hydro-Politics of the Nile Basin, 2011

http://www.waterpolitics.com/2011/05/07/south-sudan-and-the-hydro-politics-of-the-nile-basin/ Accessed 31st

January, 2014. 169

Nile: Sudan’s support for the Grand Ethiopian Renaissance Dam Project, Horn Affairs, 2012.

http://hornaffairs.com/en/2012/04/16/nile-sudans-support-for-the-grand-ethiopian-renaissance-dam-project/

Accessed 31st January, 2014.

Page 81: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

69

environmental issues, facilitate better access to financial resources and safeguard long term water

resources for the Nile riparian states.

5.2. Key Findings

Four key findings can be deduced from this research. First, all upstream Nile riparian states do

not recognize the 1959 Nile treaty; they prefer a new form of cooperation under the CFA. All

downstream riparian states do not recognize the suggested revisions to the Nile treaty proposed

by the upstream countries. All downstream countries prefer the status quo; they recognize the

1959 Nile treaty.

Secondly, Egypt as a hydro hegemon has dominated the decision making process with

regards to the use and distribution of the Nile waters. The new state of South Sudan has become

a principal determinant in the balance of power of the Nile basin hydro politics. It will not only

determine power shift between Nile riparian states but also whether there will be a new form of

cooperation in the Nile basin region. Therefore, the future of the Nile hydro-politics is uncertain;

it depends on South Sudan‟s decisions.

Thirdly, positions are no longer important within the Nile hydro-politics; interests have

become much more important since the establishment of the GERD. Alliances are built and

destroyed depending on whatever interests a country is set to achieve. Water as a sole source of

violence is exceedingly rare in general. There has not been a water war amongst the Nile riparian

states over the Nile although there has been a spate of non violent exchanges in the region

especially between Egypt and Ethiopia.

Page 82: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

70

Both Egypt and Ethiopia have some power over the Nile; while Egypt is economically

advantaged, Ethiopia is geographically advantaged. Given the extent of their power, both states

may decide to take unilateral decisions and thereafter start a water war to achieve their interests

if they fail to concede with regards to their positions.

Lastly, China has played a significant role in the economics and politics of many African

countries. Through the use of soft power -financial support, infrastructure and dam building-

China has immensely contributed to the shift in positions of power in the Nile. China‟s

involvement in building of the GERD has shifted power towards Ethiopia, thereby having an

effect on the Nile basin hydro-politics.

5.3. Recommendations

This research therefore recommends that: First, the upstream Nile riparian states claim that they

did not participate in the decision making process that established the 1959 treaty that is now in

place. Therefore, all the Nile riparian countries need to sign UN water conventions which will

serve as a basis for negotiations of distribution of the Nile waters.

Secondly, the research found out that Egypt has been dominating negotiations in the Nile

basin region and this has been to the detriment of the upstream Nile riparian states. Therefore,

third parties should be included in the decision and policy making procedures in the region.

Inclusion of third parties in the decision making process according to the multi-track conflict

Page 83: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

71

management theory will guarantee a range of management options that have a greater chance

that these options are likely to be accepted.170

Thirdly, the research also found out that interests are much more important than positions

unlike in the past. According to Harvard‟s program on negotiations, focus on positions creates a

win-lose position but focus on interests creates a win-win situation.171

Therefore, relationships

that are characterized by the right mix of power, rules and negotiations avert conflicts.

Additionally, opponents can be won over. The theory of peaceful non cooperation argues that

unwilling opponents can be brought to the table. Goodwill towards opponents and respect of law

also brings opponents to negotiate accept each others‟ existence. 172

The Interactive Conflict Resolution theory states that when countries interact, perceptions

change and ideas are created in a safe environment so that they can come up with creative and

more applicable options.173

For CFA to be ratified, its proponents should therefore raise

consciousness about benefits of cooperating through the CFA using technical experts.

Alternatively, both states should negotiate an agreement that will address each of the Nile

riparian states‟ concerns.174

This study lays out a foundation for several future studies. Several thematic areas arose

under chapter four and they could be used as a basis for future qualitative and quantitative

170

McDonald J., Multi-Track Diplomacy: Beyond Intractability (Eds) Guy Burgess and Heidi Burgess, Conflict

Information Consortium: University of Colorado, Boulder, September 2003.

http://www.beyondintractability.org/essay/multi-track-diplomacy 171

Fisher R., Ury W., and B. Patton, Getting to Yes: Negotiating Agreement Without Giving In, New York: Penguin

Books, 1991. 172

Gandhi M., Young India,. Quoted in Iyer R. (ed.), Moral and Political Writings of Mahatma Gandhi, (Oxford

University Press: New York, 1986), p47. 173

Fisher R., Interactive conflict resolution, Syracuse, NY: Syracuse University Press, 1997. 174

Kelman HC., International Conflict and Conflict Resolution, Research Papers 1993

Page 84: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

72

studies. From the research, it is clear that decision making processes within the Nile are usually

dominated by Egypt and Sudan. Therefore, further research should be carried out on how to

establish an agenda that is not dominated by the interests of powerful groups in trans-boundary

waters.

The Nile riparian states- both upstream and downstream- often experience internal

conflicts. Further research should be carried out on the impact of the recent conflict within South

Sudan on the Nile basin hydro-politics. According to this research, it is evident that non riparian

states have influenced the Nile basin conflict in numerous diverse ways. China is a new actor

that has played roles such as dam building, funding of projects and many other roles. Therefore,

further research should be carried out to determine how China‟s soft power-dam building- as a

non riparian state has helped shift positions and aided countries achieve interests in the Nile

basin hydro-politics.

Page 85: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

73

Appendix 1: Nile Basin Countries

Source: Nile River Basin Map- Retrieved From

http//www. worldbank.org/INTAFRNILEBASINI/About Us/21082459/Nile_River_Basin.htm

Accessed on 10th

February, 2014.

Page 86: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

74

Appendix 2: The Grand Ethiopian Renaissance Dam

Source: The Grand Ethiopian Renaissance Dam Project in the Nile Basin Region,

Retrieved From

http://www. criticxxtreme.files.wordpress.com/2013/08/map-the-nile-river.jpg .Accessed 10th

February, 2014

Page 87: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

75

BIBLIOGRAPHY

Aboul- Enein Y., Nile basin conflict: Perspectives on Water Sharing, Food shortages, Civil

wars and Terrorism, Small Wars Journal 2011

Addis tribune, Egypt and the Horn of Africa, Chamber World Network International Limited,

1998

African Union, AU High Level Implementation Panel on Sudan, Khartoum, November 15,

2010.

Ahmed MD., Islam A., Masih I., Muthuwatta L., Karimi P., and Turral H., Mapping Basin

Level Water Productivity using Remote Sensing and Secondary Data in the Karkheh

River Basin, Iran, (Water International, 34 (1), 2009), pp119-133.

Akil A., Confronting the classification problem: Toward Taxonomy of NGOs, World

Development 25 (12), 1997.

Allan J, A., The Nile Basin Evolving Approaches to the Nile Management Program;

Environmental Challenges of the Next Millennium, Israel Society for Ecology and

Environmental Quality Science, Jerusalem, 1999

Amare A., Contentious Issues in the Negotiation Process of the Cooperative Framework

Agreement on the Nile, Paper Presented at the National Consultative Workshop on Nile

Cooperation, Feb. 2009, Addis Ababa, Ethiopia.

Arsano Y., Negotiations for a Nile Cooperative Framework Agreement, Ocassional paper 222,

2011

Article 14 of the Nile Cooperative Framework Agreement

Ashok, S., Ethiopia’s Dam Project Reflects Shifting Balance of Power in the Nile Basin,NGOs

and the New Democracy, Harvard International Review, 2013. Retrieved 2014-02-02

Awada, A., South Sudan Establishes 10 Corridors on the Border, Sudan Vision. October 4,

2011.

Ayeb H., Ethiopia and Sudan Demand their water back: Egypt No longer owns the Nile, Le

Monde Diplomatique, 2013.

Ayebare A., Issue Brief: A Political Storm Over the Nile, International Peace Institute,

Décember 2010, New-York

Azza N., Mbuliro M., Hilhorst B., and King J., State of the Nile Basin, (Nile Basin Initiative

Secretariat Report, 2012).

Page 88: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

76

Backlander C., The Balance of Power Upset in the Battle for the Nile Nordic African Institute.

July 14, 2013.

Bo A., Wulf K., and Undala A., Water and Agriculture in the Nile Basin, Nile Basin Initiative

Report to ICCON, Background Paper Prepared by FAO, Rome, 2000.

British Broadcasting Company. South Sudan Becomes an Independent Nation. BBC News

Africa, Retrieved from: http://www.bbc.co.uk/news/world-africa-14089843,July 2011.

Accessed 23rd January, 2014

Briney A., Geography of Sudan - Learn the Geography of the African Nation of Sudan.

Geography at About.com, 2011 Retrieved from:

http://geography.about.com/od/sudanmaps/a/sudan-geography.htm accessed 23rd

January, 2014.

Brunnee and Toope, „The Changing Nile Basin Regime: Does Law Matter?‟ 43, Harvard

International Law Journal, (2002)

Caponera D., Principles of Water Law and Administration: National and International (2nd

e.d), Tylor and Francis Publications, 2012

Carson, B., Hydro politics of the Nile: Reassurance or Realignment? Think Africa Press, 16th

May, 2011 http://thinkafricapress.com/blogs/ben-carson

Cascao, A., Institutional Analysis of the Nile Basin Initiative: What worked, what did not work

and what are the Emerging Options? Report Submitted to International Water

Management Institute as a part of the Nile Basin Focal Project, International Water

Management Institute, 2009.

Cascao, A., Climate Change and Hydro-politics: Trans-boundary Water Governance in the

Nile Basin, Danish Institute of International Studies, Copenhagen, Denmark, 2012

Chweya L., Emerging Dimensions of Security in the IGAD Region in African Regional Security

in the Age of Globalization Eds by Makumi Mwagiru, (Henrich Boll Foundation, 2004)

Climate Change- Independent Evaluation Group.

http://www.ieg.worldbankgroup.org./topic/climate-change?gclid=c12p9. Accessed 24th

January, 2014

Collins R., The Waters of the Nile: Hydro-politics and the Jonglei Canal 1900-1988, (Oxford,

Oxford University Press, 1990).

Community-Based Organization Descriptions, Texas A&M University, Retrieved 2014-02-02.

Page 89: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

77

Conca K., Ehrlich A., and Gleick P., Conflict over Resources, Draft Background for Working

Group 5: Resources and Environmental Degradation as Sources of Conflict -50th

Pugwash Conference on Science and World Affairs, Eliminating the Causes of War,

Queens College, Cambridge, UK, 2000.

Conway D., and Schipper E., "Adaptation to climate change in Africa: Challenges and

opportunities identified from Ethiopia," Global Environmental Change 21, no. 1 (2011)

Defining the Geopolitics of a Thirsty World: South Sudan and the Hydro-Politics of the Nile

Basin, 2011 http://www.waterpolitics.com/2011/05/07/south-sudan-and-the-hydro-

politics-of-the-nile-basin/ Accessed 31st January, 2014

Dellapenna J., Treaties as Instruments for Managing Internationally-Shared Water Resources:

Restricted Sovereignty v. Community of Property, (26 CASES: W. RES. J. INT‟L L,

1994.

Dereje, Mekele M., The Nile Basin Cooperative Framework Agreement Negotiations and the

Adoption of a ‘Water Security’ Paradigm: Flight into Obscurity or a Logical Cul- de

Sac? European Journal of International Law, 2010

Dictionary of Social Sciences – Non State Actors, Dictionary of Social Sciences Language

Learning, Retrieved 25TH

October, 2013.

Dudin M., and Frentzen C., Egypt- Ethiopia Conflict over Nile Water Flares, 2013

http://www.rappler.com/world/31553-egypt-ethiopia-conflict-over-nile-waters-flares

(accessed October 18th 2013)

Elbagir N., and Karimi, F., South Sudanese celebrate the birth of their Nation, CNN, 2011.

Elkareem O. A., Report on the Development and Advocacy for Nile Basin Benefit Sharing and

Tension Reduction Plans (EN Watershed Management Project in Sudan, Khartoum,

2012).

Elimam, L., Rheinheimer, D., Connell, C., and Madani, K. An Ancient Struggle: A Game

Theory Approach to Resolving the Nile Conflict, World Environmental and Water

Resources Congress, 2008

Enein Aboul Y., Nile basin conflict: Perspectives on Water Sharing, Food Shortages, Civil

Wars and Terrorism, Small Waters Journal, 2008.

Page 90: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

78

European Environmental Agency Glossary; Water Stress

http:www.eea.europa.eu/alphabetical.php?letter=W&igd=108#viewtwerm (Accessed on

2nd

November, 2013)

Fisher R., Ury W., and B. Patton, Getting to Yes: Negotiating Agreement without Giving In,

New York: Penguin Books, 1991.

Foulds, K., The Nile Basin Initiative: Challenges to Implementation from Managing Shared

Waters: Lessons Learned, 2012.

Gandhi M., Young India, Quoted in Iyer R. (ed.), Moral and Political Writings of Mahatma

Gandhi, (Oxford University Press: New York, 1986).

Gleditsh P., and Hamner J., Shared Rivers, Conflict, and Cooperation Shared Rivers, Conflict,

and Cooperation‟, Paper Presented at the 42nd Annual Meeting of the International

Studies Association, Chicago, IL, 21-24 February 2001.

Gleick P., Coping With the Global Fresh Water Dilemma: The State and Global Governance in

the Global Environment in the 21st Century, Prospects for International Cooperation

on Market Forces, 2009.

Goffard, C., "South Sudan: New Nation of South Sudan Declares Independence." Los Angeles

Times, 2011 Retrieved from: http://www.latimes.com/news/nationworld/world/la-fg-

south-sudan-independence-20110710,0,2964065. Story accessed 23rd January, 2014.

Goldstein J., International Relations, 5th

E.D. Pearson publications, 2005

Green Cross International, National Sovereignty and International Watercourses, Geneva.

Green Cross International, 2000

Hassine K., Regularizing Property Rights in Kosovo and Elsewhere, 2010, ISBN 978-3-86553-

340-1

Helmy E., Samia M., Marsafary, and Samiha, Ouda, Assessing the Economic Impacts of

Climate Change on Agriculture: A Ricardian Approach, CEEPA Discussion Paper

no.16, 2006.

Hultin, J., “The Nile: Source of Life, Source of Conflict” in Hydro politics Conflicts Over

water as a Development Constrain, (ed) Leif Ohlsson London: Zed Books Ltd. 1999

ICE, The Nile River Dispute: The Inventory for Conflict Environment, 1997.

http//:www.american.edu/ted/ice/BlueNile.htm (Accessed October 21, 2013)

Page 91: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

79

IPRID Secretariat, Rapid Assessment Study towards Integrated Planning of Irrigation and

Drainage in Egypt Final Report 2005.

Kagwanja P., Calming the Waters: The East African Community and Conflict over the Nile

Resources, Vol1 no.3, (Journal of East African Studies, 2007)

Kameri-Mbote P., “Water, Conflict and Cooperation: Lessons from the Nile River Basin,”

Woodrow Wilson International Center for Scholars, Navigating Peace no. 4. 2007

Kasimbazi E., Complexities of Developing a Trans-boundary Water Resources Management

Agreement: The Experiences from the Nile Basin, (School of Law, Makerere University,

2010).

Kegley C., and Wittkopff E., World Politics: Trends and Transformation (10th

ed) 2005.

Khairy A., Eastern Mediterranean Health Journal: Water Contact Activities and

Schistosomiasis Infection in Menoufia, Nile Delta, Egypt: Volume 4, Issue 1. 1998

Korwa A., Kenya’s Foreign Policy and Geopolitical Interests: The Case of the Nile River

Basin, African Sociological Review (11), no1.2007

Korwa A., The Interface between National Interest and Regional Stability: The Nile River and

the Riparian States, African Sociological Review, 2007

Land Center for Human Rights, Water Problems in the Egyptian Countryside Between

Corruption and Lack of Planning, Case Studies of Two Egyptian Villages, Land and

Farmers Series, Issue No. 32. 2005

Large D., “As the beginning ends: China returns to Africa.” in Firoze Manji & Stephen Marks

(eds.) African perspectives on China in Africa. Nairobi and Oxford: Fahamu, 2007.

Lassana, K., The Impact of China’s Presence in the Horn of Africa: Human Rights, Oil and

Weapons, 2010

Lewis, M., Egyptian Protests, Ethiopian Dams and the Hydro politics of the Nile Basin,

2013.http//www.geocurrents.ilr/environmental-geographical/Egyptian-protests-

ethiopian-dams and- the- hydro-politics-of –the nile-basin#ixzz2nk33916v.Accessed on

the 24th

Jan, 2014

Link, M., Pointek, F., Scheffron, J., and Schilling J, P., On Foes and Flows: Water Conflict and

Cooperation in the Nile River Basin in Times of Climate Change. Research Group

Climate Change and Security (CLISEC), Klima Campus, University of Hamburg. 2011

Loveluck, L., Egypt and Ethiopia try to roll back threats over war, Aljazeera, 2013.

Page 92: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

80

Madani, K., and Lund, J. R., A Monte Carlo Game Theoretic Approach for Multi Criteria

Decision making under uncertainty, 35 (5) Advances in Water Resources, 2011

Mageed, M., „The Nile Basin: Lessons from the Past‟, in A.K. Biswas (ed.), International

Waters of the Middle East: From Euphrates – Tigris to Nile .1994

Mason, S., From Conflict to Cooperation in the Nile Basin, Dissertation, Swiss Federal

Institute of Technology, Zurich, 2004.

McDonald J., Multi-Track Diplomacy: Beyond Intractability (Eds) Burgess G., and Burgess H.,

Conflict Information Consortium: University of Colorado, Boulder, September 2003.

http://www.beyondintractability.org/essay/multi-track-diplomacy

Mekonnen, K., The Defects and the Effects of Past Treaties and Agreements on the Nile River

Waters: Whose Faults were they? 1999.

Metawie, A., F. Lessons learnt from cooperation in the River Nile Basin, 2008.

http://Www.Sudantribune.Com/South-Sudan-Tells-Egypt-It-Will,38423.

Moustafa, M.; Gichuki, F., The Nile Basin profile: Strategic research for enhancing

agricultural water productivity, Challenge Program on Water and Food, Draft edition,

2003

Naluyaga, R., Saving the Nile by a Drop of Blood: Egyptian President‟s only option. Daily

Nation Reporter, 28.06.2013

Networking with a view to Promoting 'Peace' Towards a Sustainable Peace Civil Society

Dialogue Forum for the Horn of 'Africa (Nairobi: Heinrich Boll Foundation, 2000)

Nickum, J., E. “Hydraulic Pressures: Into the Age of Water Security,” Council on Foreign

Relations 89, no. 5, 2010

Nile Basin Initiative: Nile Basin National Water Quality Monitoring Baseline Study Report for

Egypt. 2005

Nile Basin Initiative, Sequence of Major Events of the Nile Basin Initiative Process, available

at: http//www.nilebasin.org/nbihistory.htm

Pham P., Crisis, Conflict, and Opportunity in the Nile Basin: Strategic Interests, World

Defense Review columnist PhD, 2014.

Pointek F., Scheffran J., and Link M., Impacts of climate change on the River Nile Conflict:

The Case of Egypt, 2008.

Page 93: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

81

Poolard K., Molden D., Notenbaert A., and Peden D., Nile Basin Farming Systems and

Productivity,

Porter, S., The Republic of South Sudan and Africa’s Thirst for the Nile, Africa Faith & Justice

Network 2011

Rahman, M., The Geopolitics of Water in the Nile River Basin-Global Research center on

research on Globalization, 2013.

Selby J., and Gnyra T, The Geopolitics of Water in the Middle East Fantasies and Realities in

the 3rd World, Quarterly vol. 26 no. 2005

Shaw M., Title to Territory in Africa: International Legal Issues, Oxford University Press,

1986. See also Grieg D., International Law, (2nd ed), London, 1976.

Shema, N., The Falling Future of Nile Basin Management, Political Science Honors Thesis,

227th

April, 2007.

Soliman, A., et al. Environmental Contamination and Toxicology: Geographical Clustering of

Pancreatic Cancers in the Northeast Nile Delta Region of Egypt: 2005

Sudan's Independence & Nile Hydro politics, Anti Essays, http://www.antiessays.com/free-

essays/92683.html Retrieved January 17, 2014

South Sudan seeks food and farmland investments. Reuters. 2011-12-23. Retrieved 2013-10-25

South Sudan naturally endowed for sustainable growth through agriculture. FAO, 2011-07-08

Retrieved 2013-10-25

Sudan Tribune, "South Sudan Tells Egypt It Will Respect Existing Nile Water Treaties", March

28th 2011, http://Www.Sudantribune.Com/South-Sudan-Tells-Egypt-It-Will, 38423.

Swain A., and Fadel L., The Nile Basin Initiative: Too Many Cooks, Too little Broth, SAIS

Review, 2002.

Tadesse, D., Hydro-politics of the Nile: Climate Change, Water and Food Security in Ethiopia,

2010.

Tadesse, D., Post Independence South Sudan: The Challenges Ahead, Working Paper No. 46,

International Institute of Politics, 2012.

Taffasse, T., The Nile Question: Hydro politics; legal wrangling; Modus Vivendi and

Perspectives, London Transaction Publishers, 2001

Tekle, M., Legal Framework for Equitable and Sustainable Utilization of the Nile River

Waters: Agreement of the Riparian States for Cooperative Basin Management, 2010.

Page 94: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

82

Tesfa-alem T., Africa-China Trade Tops 65bln USD, Sudan Tribune, 2008

Tesfaye, A., Hydro politics and regional stability in the Nile Basin, William Patterson

University, Wayne, New Jersey, 1999

Teshome, W., Trans-boundary Water Cooperation in Africa: The Case of the Nile Basin

Initiative (NBI), Alternatives: Turkish Journal of International Relations, Vol. 7, No. 4,

Winter 2008.

Tevdt, T., The River Nile in the Age of the British; Political Ecology and Quest for Economic

Power, American University Press, 2006.

The Reporter, Ethiopia: Challenges of the Unilateral Approach towards shared Nile Water

Resources, The Reporter, African News, All Africa, 2006.

The Nile Basin Initiative- Achievements

http://www.nilebasin.org/newsite/index.php?option=com_content&view=article&id=13

9%3Aabout-the-nbi&catid=34%3Anbi-background-

facts&Itemid=74&lang=en&limitstart=3 (Accessed 17TH

January, 2014)

Ufulle, F., Water Security and Hydro politics of the Nile River: South Sudan’s National

Security in the 21st Century, Master‟s Thesis, Brookes University Fort Leavenworth,

Kansas, 2011

Ulman, R., Redefining Security, International Security Vol. 8(1), 1983.

Verhoeven, H., Disorder on the Nile as Power Shifts towards Ethiopia, International Political

Forum, 2013.

Verhoeven, H., Hydro- politics of the Nile in Sudan after Separation: New Approaches to a

New Region (vol. 28), Henrich Boll Stiftung Publications, 2010

Turton, A.R., A Cryptic Hydro Political History of the Nile Basin for Students of Hydro

Politics, Study Guide for Pretoria University. Pretoria. 2000

Water Policy Program, Survey of Nile System Pollution Sources Report No.64. 2002

Waterbury, J. Hydro politics of the Nile Valley; University of Syracuse press, 1979

Waterbury J., and Whittington, Playing Chicken on the Nile? The Implications of Micro-dam

Development in the Ethiopian Highlands and Egypt's New Valley Project, 22 Natural

Resources Forum, 1998

Waterbury J., The Nile Basin: National Determinants of Collective Action, Yale University

Press, 2002

Page 95: AN ANALYSIS OF HYDROPOLITICS OF THE NILE: …idis.uonbi.ac.ke/sites/default/files/chss/idis/idis...UNIVERSITY OF NAIROBI AUGUST, 2014 ii DECLARATION This dissertation is my original

83

Weis T., Sudan After Separation: New Approaches to a New Region, Publication Series on

Democracy, vol. 28, (Henrich Boll Stiftung, 2012).

World Bank, World Development Report – Development and the Environment, Washington

DC: World Bank, 1992

Wu X., Applying Game Theory to Conflict Basins in International River Basins, A Case Study

of the Nile Basin Paperback, 2009.

Wu, X., and Whittington, D., Incentive Compatibility and Conflict Resolution in International

River Basins: A Case Study of the Nile Basin, Water Resources Research 42 (2), 2002

Yin R., Case Study Research: Design and Methods, Newbury CA: Sage publishing, 1991

Zagare, F., C. and Kilgour, M., D. Perfect Deterrence (Cambridge: Cambridge University

Press, 2000).

Zagare, F., C. Game Theory in Williams Paul, Security Studies: An Introduction, Rutledge,

2008.

Zeitoun M., and Warner J., Hydro-Hegemony- A Framework for Analysis for Trans-boundary

Water Conflicts, (Water Policy, vol.8, No. 5, 2006)

Zerihun, A., The Nile Basin Initiative (NBI): Current Status, Challenges and Prospects, 2012.