khadsyy Plus. Downstream countries Egypt and Sudan have expressed concerns over the impacts of the dam on their water supply. Cham, Switzerland: Springer International Publishing AG, 79-110. The toll on the local communities affected by the dams has been enormous. Following the fall of Mengistu Haile-Mariams regime in Ethiopia in 1991, Ethiopia experienced a remarkable rise in the construction of dams and hydroelectric power stations. Egypts original goal was to have the project purely and simply cancelled. These parallel developments appear to be elements of a bigger hydro-political strategy wherein the riparian countries aim to increase their water utilisation to put facts on the ground (and underpin legal claims based on those uses) and increase their bargaining position for renegotiations of volumetric water allocations. It can be demand-driven, typically caused by population growth, and supply-driven, typically caused by decreasing amounts of fresh water often resulting from climate change or a result of societal factors such as poverty. Governing the Nile River Basin: The Search for a New Legal Regime. It and several other large dams in Ethiopia could turn the country into Africa's hydropower hub. "Today as you see behind me . The Nile-COM is the highest political and decisionmaking body of the NBI. Egypt, fearing major disruptions to its access to the Niles waters, originally intended to prevent even the start of the GERDs construction. Ethiopias interests in developing its water resources are driven by its growing population and high demand for socio-economic development (Gebreluel, 2014). From this round of talks, it appears that negotiations are able to move forward and address other sticking points on the agenda, such as conflict resolution mechanisms and the dams operations in the event of multi-year droughts (Al Jazeera, 2020). A more recent trilateral meeting mediated by the African Union in mid-July, however, appeared to diffuse the situation with all three countries reaching a major common understanding towards achieving an agreement (Al Jazeera, 2020). Ethiopia's Grand Renaissance Dam. IDS (2013). At stake, too, is . Addis Ababa launched the construction of the GERD under Zenawi, and work on it has proceeded at full steam ahead ever since. (2017). The filling regime and operational methods of GERD will affect Egypt, in particular through its impact on the operation of its Aswan High Dam (AHD) which aims at mitigating the high variability of the Nile River flow. An Ethiopian national flag is seen at the Grand Ethiopian Renaissance Dam in Guba, Ethiopia, on February 19, 2022. They generate electricity, store water for crop irrigation and help to prevent floods. The Grand Ethiopian Renaissance Dam (GERD) constitutes a real crisis for the Egyptian regime, where Ethiopia several times blamed Egypt for the failure of negotiations conducted between Sudan, Egypt and Ethiopia on the dam. 2. The filling time is estimated to take about 10 years, during which the Blue Nile water flows would be reduced. Gebreluel, G. (2014). Review a brief history of copyright in the United States. Lastly, over-year storage facilities upstream in Ethiopia will allow Sudan to increase its water use. Search for jobs related to Disadvantages of the grand ethiopian renaissance dam or hire on the world's largest freelancing marketplace with 22m+ jobs. Ethiopias strategy for dam construction goes far beyond developmental goals. This is an intergovernmental partnership to provide a forum for consultation and coordination for the sustainable management and development of shared water. On March 4, 1909, the Copyright Act of 1909 became law, making infringement of a copyright a federal crime for the first time. Because Ethiopia has been so cavalier with regard to the technical aspects of its dams, portions of them have also caved in soon after they began operation. Nile negotiations break down as Egypt, Sudan accuse Ethiopia of rejecting legally binding agreement. Here, for the first time, Egypt recognised Ethiopias right to use the Nile for development purposes. Article IV of the DoP provides that the parties shall utilize their shared water resources in their respective territories in an equitable and reasonable manner and Article III provides that the parties shall take all appropriate measures to prevent the causing of significant harm in utilizing the Blue/Main Nile. Ethiopia can make a strong case that the operation of the Dam complies with each principle. Moreover, it arguably prohibits any reduction of flow to Egypt by limiting Ethiopias use of the Dam to electricity generation alone. Practically from the outset, the World Bank and international donors withdrew funding due to a lack of transparency, driven home when it was learned that the construction had begun without a permit from the Environmental Protection Agency in Ethiopia. Even without taking the dam into account, the largely desert country is short of water. A significant segment of local opinion is also aware of the well-known problems that come with mega-dams wherever they are built, among them population displacements and resettlement, reductions in the quality of life, the spread of waterborne diseases, salinisation and the loss of productive and profitable lands, more intense competition over the remaining available land, and losses of cultural and historic heritage. In fact, about 85 % of the overall Nile flow originates on Ethiopian territory (Swain, 2011). It is therefore intrinsically connected with the question of land ownership. However, Sudans future water requirements will likely exceed its water quota as defined in the 1959 Agreement. Cairo Controversy prevailed in the Egyptian public opinion, after Deltares, a Dutch advisory institute, announced on Sept. 15 its withdrawal from a study to assess the risks that the Grand Ethiopian Renaissance Dam, which is under construction on the Blue Nile, can cause to Egypt and Sudan. As noted above, the instrument concedes for the first time that Ethiopia has legitimate interests over the Nile. (2012). (2011). Yet, Ethiopia is fully aware of Somalias economic dependence on the rivers originating from Ethiopias highlands. Even then, the initial studies did not extend beyond the borders with Kenya. In response, Ethiopia threatened military force to defend the dam and protect its interests (The New Arab, 2020a). (2020). After announcing the dam's construction, and with a view to the increasing tensions, the Ethiopian government invited both Egypt and Sudan to form an International Panel of Experts (IPoE) to solicit understanding of the benefits, costs and impacts of the GERD. Sudans agricultural and hydropower interests align with those of Ethiopia while it has a strong interest in not alienating its 'big brother' and northern neighbour, Egypt, with whom it shares a long and partly contested border (Whittington et al., 2014). The so-called Grand Ethiopian Renaissance Dam (Gerd) is Africa's biggest hydroelectric project to date. Ethiopia, whose highlands supply more than 85 percent of the water that flows into the Nile River, has long argued that it has the right to utilize its natural resources to address widespread poverty and improve the living standards of its people. Second, regarding the 1902 Anglo-Ethiopian Treaty, although Ethiopia was a party and although that instrument does deal with the flow of water on the Nile, its terms are strictly limited. Learn the history of Toronto from the city's official website. Feb 11th 2021 DAMS HAVE several uses. We do know that Ethiopia is already seeing longer droughts and worse floods. For example, Ethiopians and Egyptians are more likely to understand and appreciate the challenges that they face, particularly in the areas of water security, climate change, food production, and poverty alleviation, if they regularly interact with each other and engage in more bottom-up, participatory and inclusive approaches to the resolution of their conflicts. Today, however, Ethiopia is building the Grand Renaissance Dam and, with it, Ethiopia will physically control the Blue Nile Gorgethe primary source of most of the Nile waters. Misplaced Opposition to the Grand Ethiopian Renaissance Dam (GERD): Update. Cairo . Article 7 provides that watercourse states must take all appropriate measures to prevent significant harm to other watercourse States and that, where harm does occur, there shall be consultations to discuss the question of compensation. Finally, Article 8 requires that watercourse states cooperate on the basis of sovereign equality, territorial integrity, mutual benefit and good faith.. It provides clear benefits to all three riparian, such as flood control, reduced flood damages and sediment control. Sudan is caught between the competing interests of Egypt and Ethiopia. Perhaps even more consequential is the fact that this agreement granted Egypt veto power over future Nile River projects. to hydrate farmland), it would effectively be taken from downstream states like Egypt. The CFA was a political success for the eight upstream states such as Ethiopia as it favoured those states and isolated the downstream states of Egypt and Sudan and made them appear recalcitrant. Attempts to resolve the Grand Ethiopian Renaissance Dam dispute over the past decade have reached a deadlock. Cameroon's Choupo-Moting scores winner as Bayern reclaim Bundesliga top.. English Premier League results & fixtures (26th matchday), Germany Bundesliga results & fixtures (23rd matchday), Israeli delegation expelled from the African Union summit. It is clearly a philosophy that looks beyond the electricity and freshwater needs of local communities to a geo-strategic restructuring of the Horn of Africa. Copyright 2023, JURIST Legal News & Research Services, Inc. Elliot Winter | New Castle University (UK), Egyptian Water Security and the Grand Ethiopian Renaissance Dam: Why Ethiopia has the Upper Hand, Vienna Convention on the Succession of States, history of copyright in the United States. Ethiopian Yearbook of International Law 2017. Egypt has taken various efforts in a bid to secure its water security in the context of the Nile River. The Friends of Lake Turkana, an NGO representing indigenous groups whose livelihoods are dependent on the Lake, filed a suit to halt the construction of the dam. Test. Terms in this set (10) how long and high is the dam? Such a mitigation program can make it much easier for Egyptian and Sudanese authorities to cooperate with Ethiopia and the other riparians in creating and adopting an agreement for management of the Nile. Ethiopia has two major plans for these rivers, which both flow into Somalia, in the form of the Wabe Shebelle and the Genale Dawa power plants. Concern has focused in particular on Lake Turkana, which derives 90 per cent of its water from the Omo River on which the Gilgel Gibe III Dam was built. In turn, Egypt water policy and management should be changes or modified to overcome the great challenges. Created by. The GERD and the Revival of the Egyptian-Sudanese Dispute over the Nile Waters. Ultimately, however, Egypt did not sign the CFA (nor did Sudan) hence it does not resolve the dispute. The writer is a professor of political science at the UAEs Zayed and Cairo universities, *A version of this article appears in print in the 9 July, 2020 edition ofAl-Ahram Weekly, Spain La Liga results & fixtures (24th matchday). In the imperialist age, Ethiopian emperors threatened to alter the course of the Nile and stop its flow to Egypt. The Tendaho, Tekeze, and the Gibe series are only a few examples from that period. The dispute escalated in 2011 when Ethiopia began construction of a major new dam, the Grand Ethiopian Renaissance Dam (GERD), in the absence of any agreement with downstream Egypt. However, this threatens the basin's long-term sustainability (as water use expands beyond what is environmentally feasible) and suboptimal in terms of capital allocation (as higher water use upstream may make downstream projects uneconomical (Swain, 2011). It could be a treaty or merely a political declaration as the name implies. If it is allowed to reach dangerous levels, water scarcity has the potential to trigger conflicts. For example, in 2017, the UNSC highlighted the security risks of water stress in the Lake Chad Basin Region, affecting Cameroon, Chad, Niger, and Nigeria, based on a combination of water scarcity, drought, desertification and land degradation. "The Israeli installation of the missile system around the Grand Ethiopian Renaissance Dam was completed after the Israeli work began in May 2019, considering that it is the first Israeli air defense system abroad that can launch (two types of missiles), the first with a range of 5 km, and the second with a range of 50 kilometer". But with a generation capacity of 6.45GW, the Ethiopian government quoted the project as vital to the country's economic growth. As mentioned above, Ethiopias dam-construction strategy is intimately linked with large-scale foreign investment in the agrarian sector and specifically in areas near the artificial reservoirs created by the dams. In addition, no independent, multilateral Environmental and Social Impact Assessments has been carried out suggesting that Ethiopia is reneging from the 2015 Declaration of Principles (Kandeel, 2020). Since then, there has been a constant stream of complaints regarding the social and environmental impacts on downriver areas, including large displacements of local populations. Ethiopian opinion is divided over the need for such huge investments in hydroelectric energy when the national network is still very underdeveloped and unable to cope. l located on the Blue Nile River in Ethiopia . The treaties also purported to give Egypt veto power over upstream projects. Ethiopia also seems to have the political upper hand given that the Dam is effectively a fait accompli and given that Egypts erstwhile downstream ally, Sudan, switched sides in the dispute leaving the Egyptians diplomatically isolated. Given the advancement of the dam construction - the GERD being, as of March 2015, 40% complete, according to Ethiopia - Egypt had good reason to reconsider its position (RANE, 2015). Ethiopia needs regional customers for its hydropower to ensure the economic feasibility of the GERD. It can be demand-driven, typically caused by population growth, and supply-driven, typically caused by decreasing amounts of fresh water often resulting from climate change or a result of societal factors such as poverty. Over the years, Egypt has used its extensive diplomatic connections and the colonial-era 1929 and 1959 agreements to successfully prevent the construction of any major infrastructure projects on the tributaries of the Nile. An argument could be made that some of its provisions have passed into customary international law, however, that would require clear general practice and opinio juris. We shall begin with the former. Consequently, under the principle of pacta tertiis nec nocent nec prosunt, it could demonstrate that those treaties cannot bind it as it was a third party and did not give its consent. Such an understanding and appreciation of Egypts water vulnerability would help the riparians develop a water management protocol that can significantly enhance equitable and reasonable use while minimizing significant harm to downstream riparians. The Nile is not a boundary-delimiting river, hence Ethiopia would almost certainly argue that the exception should not be applied here. There are three key articles. Second came the 2015 Declaration of Principles (DoP) which concerned the Dam specifically (rather than the Nile more broadly). The Grand Ethiopian Renaissance Dam will have negative impacts not only on Egypt but also on poor communities in Ethiopia as well as on its Nile Basin neighbours. Water scarcity is a growing problem. It signifies that Egypts de facto veto power on major upstream dams has been broken, and it clearly demonstrates the political will of Ethiopia to develop its water infrastructure even in the absence of a comprehensive basin agreement. Match facts: Egypts Ahly v South Africas Mamelodi Sundowns (CAF Champions.. Kevin Harts first Egypt show cancelled 'due to local logistical issues', Match facts: Sudans Al-Hilal v Egypts Ahly (CAF Champions League), Match facts: Egypts Ahly v Cameroons Coton Sport (CAF Champions League), Egyptian Premier League results & scorers (20th matchday), Spain La Liga results & scorers (21st matchday), 13 Egyptian women on Forbes Middle East 100 Most Powerful businesswomen 2023, Egyptian Premier League results & fixtures (18th matchday), English Premier League results & scorers (23rd matchday), Prioritising the best solutions for sustainable development, A new beginning for education and beyond, Prioritizing the UN's Global Development Agenda, US-Africa Leaders Summit: Between expectations and realities. It seeks to build an infrastructure for regional water hegemony, positioning it, at the very least, in such a way that it can exchange water for oil. No water at all was allocated to Ethiopia. General view of the talks on Hidase Dam, built on the Blue Nile River in Ethiopia, between Sudan and Egypt in Khartoum, Sudan on October 04, 2019. Zegabi East Africa News (2015). The largest permanent desert lake in the world, Turkana has three national parks that are now listed as UNESCO World Heritage Sites. The withdrawal from the project by Deltares has been met by a wave of objections in Egypt for fear . At this point, though, the GERD is nearly completed, and so Egypt has shifted its position to trying to secure a political agreement over the timetable for filling the GERDs reservoir and how the GERD will be managed, particularly during droughts. It concludes that Ethiopias legal position is far stronger and that a negotiated agreement in its favour is the most likely outcome of the dispute. Although Egypt has persistently argued that the 1959 agreement between Egypt and Sudan is the legal framework for the allocation of the waters of the Nile, Ethiopia and other upstream riparian states reject that argument. This is because the VCLT allows an older treaty to be rescinded by a new one if the new one concerns the same topic (Article 59). It can help the riparian states outline principles, rights, and obligations for cooperative management of the resources of the Nile. For nearly a century, as a legacy of colonialism, Egypt enjoyed what Tekuya referred to as a hydro-hegemony over the Nile; despite Ethiopia contributing 86% to its waters. By Ambassador Gurjit Singh*. July 26, 2022. Ethiopia seems to have the legal upper hand in this dispute. For more on the background and history of these important relationships, see my book with former AGI Director Mwangi S. Kimenyi, Governing the Nile River Basin: The Search for a New Legal Regime., not be filled without a legally binding agreement, when the flow of Nile water to the dam falls below 35-40 b.c.m. Egypt says. At the same. Still, if the exception was somehow activated, it would mean that Egypt remains entitled to 66% of the Nile River waters and that this figure should be used as the baseline for any future negotiations. Nile Basins GERD dispute creates risks for Egypt, Sudan, and beyond. Mainly, for the downstream countries, the. Omar, A. Indeed, Sudan had initially opposed the Dam but changed its position in 2012 after consultations with Ethiopia. Monday January 2, 2017. The Grand Ethiopian Renaissance Dam. Ethiopia, Egypt, Sudan reach 'major common understanding' on dam. In the absence of the application of the Watercourses Convention, various other legal arrangements and political declarations must be considered to gain an understanding of the regulation of the Dam and the Nile River more generally. - Ethiopia's massive. Another argument Egypt might adduce concerns the DoP. Perhaps the most significant project in the 2003 plan was the Chemoga-Yeda Hydroelectric Project, a series of five small dams on Blue Nile tributaries and two dams on the Genale River with a couple more envisioned for a later phase. This paper discusses the challenges and benefits of the Grand Ethiopian Renaissance Dam (GERD), which is under construction and expected to be operational on the Blue Nile River in Ethiopia in a few years. It has led a diplomatic initiative to undermine support for the dam in the region; as well as in other countries supporting the project such as China and Italy. February 14, 2022 JPEG for seepage and evaporation, but afforded no water to Ethiopia or other upstream riparian statesthe sources of most of the water that flows into the Nile. In terms of the old or anachronistic law, two of the Nile Water Treaties do not bind Ethiopia meanwhile the third does not actually preclude the construction of a dam. It merely provides at Article III that Ethiopia undertakes not to construct any work across the Blue Nile, Lake Tsana, or the Sobat which would arrest the flow of their waters into the Nile. In other words, Ethiopia only agreed that it would not completely stop the flow of tributaries into the Nile. It imports about half its food products and recycles about 25 bcm of water annually. Rendering of GERDEthiopia is building one of the largest dams in the world, the Grand Ethiopian Renaissance Dam (GERD), on the River Nile near the Sudan border. Al Jazeera (2020). However, as noted above, the trouble with relying on the DoP is that its legal status is not clearly defined. Similarly, both the final agreement between the riparian states for the allocation of the water and resources of the Nile should include a dispute resolution mechanism. If it were to take place during a sequence of years in which the Blue Nile flow and the AHD reservoir itself was low, Egypt might not be able to withdraw sufficient water supplies to meet all of its agricultural needs. Second, the upstream riparian states must recognize and accept Egypts near total dependence on the waters of the Nile River. Therefore, all the water is eventually released downstream with the effect that there is no net loss of water to downstream states. The 1959 agreement allocated all the Nile Rivers waters to Egypt and Sudan, leaving 10 billion cubic meters (b.c.m.) The Chinese donors who have agreed to fund it have performed no independent social or environmental impact reviews. These discussions highlighted benefits such as more consistent water flow, minimising the risks of flood and drought, and the potential for discounted hydroelectricity produced by the Dam. When it is completed, with its concrete volume of 10.2 million m3, GERD will feature the largest dam in Africa. As early as 1957, Ethiopian officials said that the Somalian economy could not survive on its own given how heavily dependent it was on Ethiopia. In March 2015, a 'Declaration of Principles' was signed by the leaders of Egypt, Sudan and Ethiopia, setting the foundations for an initial cooperation (Salman, 2017). [18] The colonial powers have departed and so to continue to enforce treaties agreed based around their interests would be irrational. It's free to sign up and bid on jobs. Although talks chaired by President Cyril Ramaphosa of South Africa on behalf of the African Union have resolved many issues associated with the filling of the GERDs reservoir, there is still no agreement on the role that the dam will play in mitigating droughts. The latter, in Article 2(4), allocated acquired rights of 66% of Nile water to Egypt and 22% to Sudan (with the remaining 12% attributed to leakage). While the water will return to its normal state before reaching Egypt, the damage to these populations will be permanent. Note that, under Article 62(2) VCLT, territorial treaties are excepted from the change in circumstances rule. Helping Egypts cause, during the preparation of the VCSS, the International Law Commission stated that treaties concerning water rights or navigation on rivers are commonly regarded as candidates for inclusion in the category of territorial treaties. However, it must be noted that this would represent a generous interpretation of the territorial treaty exception. Indeed, Principle II notes that the purpose of the [Dam] is for power generation and regional integration through generation of sustainable and reliable clean energy supply. This is crucial given that hydroelectricity generation simply involves holding water back behind a dam for a period of time, and then releasing it again in a managed manner so that the electric turbines can spin consistently. (2014). The crucial leverage regarding Egypts water security lies with the Blue Nile countries Ethiopia and Sudan, as the Blue Nile is the main contributor to the Nile Rivers flow downstream. 1800m long and 170m high. In any event, the dispute remains. The other riparian states can then be brought in, either through the Nile Basin Initiative (NBI) or some other regional framework, to secure an agreement that is binding on all the states. In March 2015, a 'Declaration of Principles' was signed by the leaders of Egypt, Sudan and Ethiopia, setting the foundations for an initial cooperation. A political requirement will be to agree on rules for filling the GERD reservoir and on operating rules for the GERD, especially during periods of drought. In my opinion, this should be negotiable, to fill the lake over a longer period, and only when the river is sufficiently full. The disadvantages for Egypt and Sudan are the possibility of reduced river flow, although this is only really a problem during the years of filling the dam. 4. These are two of the largest dams in Africa. For Ethiopia, GERD is considered an economic game-changer. per year, that would constitute a drought and, according to Egypt and Sudan, Ethiopia would have to release some of the water in the dams reservoir to deal with the drought.