This dam, set to be the largest in Africa in terms of power capacity, continues to cause disagreement between Ethiopia, Sudan and Egypt on filling and operation strategies. Cooperation among the three countries has never been more important as demand for water rises, she added, due to factors such as population growth, urbanization and industrialization. The situation seemed to improve in the beginning of 2015 when tripartite negotiations were held in order to determine principles of cooperation. After all, the VCLT allows states to withdraw from or terminate a treaty owing to a fundamental change of circumstances which has occurred and which was not foreseen by the parties (Article 62(1)). Search for jobs related to Disadvantages of the grand ethiopian renaissance dam or hire on the world's largest freelancing marketplace with 22m+ jobs. Egypt has issued a public statement to that effect. As a consequence, Ethiopia has not been able to make significant use of the rivers waters. As noted above, the instrument concedes for the first time that Ethiopia has legitimate interests over the Nile. In the end, all 11 riparian states must understand that the way forward calls for the establishment of a meaningful resource-sharing agreement, one that sees and recognizes the Nile River as a regional watercourse. The multi-services provided by the hydropower development and its technical advantages could be driving forces for local, regional and national development, and a catalyst for sustainable development. Water scarcity is a growing problem. Construction of the 6,000-megawatt, US $5 billion Grand Ethiopian Renaissance Dam (GERD) began . When it is completed, with its concrete volume of 10.2 million m3, GERD will feature the largest dam in Africa. This includes Sudan, another downstream nation that one might assume would oppose its construction. In short, the Nile Waters Treaties do little to constrain Ethiopias ability to construct the Dam. Ethiopias dam-construction strategy threatens not only Kenyas water-resource development efforts but also Somalias water security, as is evidenced by Ethiopias development plans for the Jubba and Shebelle Rivers. You must have JavaScript enabled to use this form. It also codified the principles of equitable and reasonable utilisation and no significant harm (essentially importing from the Watercourses Convention). 74 cubic metres. This antipathy is not new, with Munzinger noting even in the nineteenth century that Ethiopia is a danger for Egypt [which] must either take over Ethiopia and Islamize it or, retain it in anarchy and misery. Still, the Dam brings the old enmity into sharp focus. If the relevant parties can agree to these goals, the agreement, in the end, will need to include technical language that ensures equitable sharing of the Nile. 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. Ethiopian Yearbook of International Law 2017. There has long been a conflict over water rights among the riparian countries of the Eastern Nile Basin (Egypt, Sudan and Ethiopia). Perhaps even more consequential is the fact that this agreement granted Egypt veto power over future Nile River projects. Another difficulty for Egypt is that making this argument (i.e. Zegabi East Africa News (2015). 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. They generate electricity, store water for crop irrigation and help to prevent floods. However, as noted above, the trouble with relying on the DoP is that its legal status is not clearly defined. 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. As stipulated by an Agreement of 1959 (see:Nile Main Conflict), Egypt and Sudan presented for several decades a common position vis--vis other riparians regarding the utilisation and management of Nile waters. Chinese banks provided financing for the purchase of the turbines and electrical equipment for the hydroelectric plants. The filling time is estimated to take about 10 years, during which the Blue Nile water flows would be reduced. February 14, 2022 JPEG The 10-year filling time of GERD will likely contribute to fastened salinisation in Egypt. Both Egypt and Ethiopia could make arguments in support of their positions. While this means new opportunities to develop extended irrigation-based agriculture for the Sudanese, it represents also a new threat for Egypts current Nile water utilisation (Whittington et al., 2014). It has also expressed concerns about the potential impact the initial filling of the dam will have on areas downstream. According to present plans, the Grand Ethiopian Renaissance Dam (GERD) now under construction across the Blue Nile River in Ethiopia will be the largest hydroelectric dam in Africa, and one of the 12 largest in the world. The Tendaho, Tekeze, and the Gibe series are only a few examples from that period. However, Ethiopia ultimately refused to sign the draft agreement. In fact, about 85 % of the overall Nile flow originates on Ethiopian territory (Swain, 2011). Hence, it seems that such an argument would receive a warm welcome from the current bench were the matter ever to be adjudicated there. Also, the Sudanese Foreign Ministry later held the Egyptian side accountable for failure of these negotiations. The current global energy crisis may help in this regard in the sense that Egyptians may find the allure of discounted hydroelectric energy stronger than ever before. In the relatively unlikely scenario that the above points failed, Ethiopia could argue that there has been such a change of circumstances since the Nile Waters Treaties were concluded that they ought to be terminated. 17th round of GERD tripartite talks hits wall in Cairo. Feb 11th 2021 DAMS HAVE several uses. Egypt Forced to Negotiate on Nile Dam. Furthermore, resolving conflicts involving the Nile River is most likely to be more successful through improvements in relations between the riparians and not through external intervention. These conflicts could take the form of international armed conflicts (between states), non-international armed conflicts between a group and a state, or conflicts between non-state groups. These hydraulic mega-projects underscore the ambitious local and regional political aims of the Ethiopian ruling elites. Match. Governing the Nile River Basin: The Search for a New Legal Regime. 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. Lastly, over-year storage facilities upstream in Ethiopia will allow Sudan to increase its water use. Terms in this set (10) how long and high is the dam? The countrys 2003 development plan introduced many more, and the Ethiopian government launched an ambitious PR campaign to encourage donor nations and international funding agencies to support these projects financially and ideologically as the highway to Ethiopian development and prosperity. 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. Addis Ababa launched the construction of the GERD under Zenawi, and work on it has proceeded at full steam ahead ever since. In July of 2021, the second filling of the dam was completed. Most recently, there have been suggestions that the African Union should resolve the disagreement. to hydrate farmland), it would effectively be taken from downstream states like Egypt. Nile negotiations break down as Egypt, Sudan accuse Ethiopia of rejecting legally binding agreement. Ethiopia seems to have the legal upper hand in this dispute. It also created a counter message to Egypts powerful the Nile is Egypt narrative that is familiar around the world. This was an attempt at a wholesale replacement for the Nile Waters Treaties. 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). Hence, it is hard to see how Egypt could make a compelling argument that it has been harmed by the Dam. Basically, Ethiopia should cooperate with the other riparian states in developing and adopting an effective drought mitigation protocol, one that includes the possibility that GERD managers may have to release water from the reservoir, when necessary, to mitigate droughts. 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. Elliot Winter is a lecturer (assistant professor) in international law at Newcastle University in the United Kingdom. Misplaced Opposition to the Grand Ethiopian Renaissance Dam (GERD): Update. Perhaps the most obvious argument that Ethiopia may want to make is a rebuttal to Egypts continued reliance on the Nile Water Treaties. Attempts to resolve the Grand Ethiopian Renaissance Dam dispute over the past decade have reached a deadlock. Gebreluel, G. (2014). Given the fact that the conflict between Egypt, Ethiopia, and Sudan over the GERD seems to be among the most pressing issues in the region, it might be advisable for emphasis to be placed on securing a trilateral agreement that secures the peace between these three countries first. To African commentators in recent decades, massive investments in mega-energy and irrigation projects were emblematic of the African economic emergence, and Ethiopia at that time vaunted itself as one of the fastest-growing economies in the region. EDUARDO SOTERAS/AFP via Getty Images. Improved relations among Egyptians, Ethiopians, and Sudanese can go a long way in enhancing the ability of their leaders to negotiate and adopt agreements that reflect the interests of citizens, especially regarding economic development and poverty alleviation. By Ambassador Gurjit Singh*. Test. This is an intergovernmental partnership to provide a forum for consultation and coordination for the sustainable management and development of shared water. The 1959 agreement allocated all the Nile Rivers waters to Egypt and Sudan, leaving 10 billion cubic meters (b.c.m.) khadsyy Plus. An unsubscribe function is also at the bottom of every newsletter. l Coordinates 111255N 3505 . Many historical grievances and distrust remain on the Ethiopian side regarding Egypt (Gebreluel, 2014), with some Ethiopian journalists assessing the 'Declaration of Principles' as being more in favour of Egypt than Ethiopia (Zegabi East Africa News, 2015). 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. According to Article 16, former colonies do not inherit the treaty obligations of their former colonial rulers and instead receive a clean slate. However, Egypt could argue that the territorial treaty exception, under Articles 11 and 12, applies whereby colonial treaty provisions concerning boundaries must survive the impact of succession and bind successor states. 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 is a matter of acute concern given that Egypt depends on the Nile for about 97% of its irrigation and drinking water. Ethiopias strategy for dam construction goes far beyond developmental goals. The Eastern Nile Basin comprises Egypt, Sudan, and Ethiopia. Egypt wants control and guarantees for its share of Nile waters. The most important of these treaties is the 1997 UN Convention on the Law of Non-Navigational Uses of International Watercourses (the Watercourses Convention). 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. The above-mentioned Gilgel Gibe III Dam stood out as the worlds most controversial dam until the GERD. On Feb. 26, Ethiopia temporarily suspended its . 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. The Grand Renaissance Dam and prospects for cooperation on the Eastern Nile. 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. It will be the largest hydropower project in Africa. Ethiopia says it will take a further four to six years to fill up the reservoir to its maximum flood season capacity of 74bcm. In an effort to forestall potential water conflicts such as the one brewing around the Dam, an increasing number of bilateral and multilateral water agreements have been concluded in recent decades. In terms of the current status of talks, in 2019, US Secretary of the Treasury Steven Mnuchin began facilitating negotiations between Egypt and Ethiopia which led to some tentative progress. It's free to sign up and bid on jobs. Egypt relies on the river for as much as 90 percent of its freshwater and sees the new dam as an existential . They can also cause dispute and heartachefor example, over damage to. l located on the Blue Nile River in Ethiopia . Despite the controversy and the Grand Ethiopian Renaissance Dam's effect on Egypt and Sudan, it appears that the Ethiopian government will continue to move forward with filling the dam. Security implications of growing water scarcity in Egypt. The Grand Ethiopian Renaissance Dam will increase energy generation and development in Ethiopia, but it may have unwanted consequences for other Nile River users. The drying up of this in Central Asia has been called the worlds worst environmental catastrophe. The three countries have agreed that when the flow of Nile water to the dam falls below 35-40 b.c.m. International rights organisations have reported that many cases of displacement were not voluntary and that entire communities were driven from their villages. It is therefore intrinsically connected with the question of land ownership. The so-called Grand Ethiopian Renaissance Dam (Gerd) is Africa's biggest hydroelectric project to date. Typically, treaties contain provisions on the identification and function of the depositary, entry into force, adoption and so on (Article 24(4) Vienna Convention on the Law of Treaties (VCLT)). However, Sudans future water requirements will likely exceed its water quota as defined in the 1959 Agreement. 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. 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. In fact, the Dam arguably smooths out the flow and mitigates the risk of both drought and floods. Attia, H. & Saleh, M. (2021). Afraid that a drought might appear during the filling period, Egypt wants the filling to take place over a much longer period. Mainly, for the downstream countries, the. Another important area of cooperation is research, especially in areas like climate change, the fight against terrorism and extremism, and human rights. Egypt had asked the UNSC to push the three countries to adhere to their obligations in accordance with the rules of international law in order to reach a fair and balanced solution to the issue of the GERD. Egypts repeated references to the rules of international law is part of an effort to maintain its so-called natural and historical rights that were established and reaffirmed by the 1929 Anglo-Egyptian Treaty and 1959 Agreement between Egypt and Sudan, respectivelytreaties many of the other involved parties reject as anachronistic and untenable. The late Prime Minister Meles Zenawi, who laid the foundation stone in 2011, said the dam would be built without begging for money . Second, the upstream riparian states must recognize and accept Egypts near total dependence on the waters of the Nile River. It was in the hope of protecting Lake Turkana against such threats that it was listed as a World Heritage Site. The Ethiopian government has always availed itself of its power to transfer local populations off land it decides to declare a public resource. It simultaneously expects that this role will change Ethiopias international status from a country perceived as poor and dependent on foreign aid to a regional power able to provide vital resources to its surrounding region. While the Grand Ethiopian Renaissance Dam (GERD) is taking shape on . "I came to Cairo on my first official trip to the region to hear . It's very unpredictable and it can be very dangerous," says Pottinger. 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. These are two of the largest dams in Africa. Third, Egypt should abandon continued references to its so-called natural historical rights (i.e., the water rights granted Egypt by the 1929 Anglo-Egyptian Treaty and the 1959 Agreement between Egypt and Sudan). 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. Al Jazeera (2020). (2020). 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. Owned and operated by the Ethiopian Electric Power company, the 145-m-tall roller-compacted concrete gravity dam . However, as a result of the ability and willingness of Ethiopians at home and abroad to invest in the dam project, the government was able to raise a significant portion of the money needed to start the construction of the GERD. It provides clear benefits to all three riparian, such as flood control, reduced flood damages and sediment control. Both citizens and governments should be made part of the solution to the water-related conflicts that now threaten peace and security in the Nile Basin. Amazingly, the normally required social and environmental impact studies were only conducted three years after construction of the dam had began. In response, Ethiopia threatened military force to defend the dam and protect its interests (The New Arab, 2020a). 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. 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). The instrument was a success in terms of cooling tensions between the states which seemed increasingly likely to come to blows. 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. (2017). Even in 2023, there are only 46 state parties, with key actors such as the US, Canada and Brazil remaining outside the Conventions regime. This represents a new challenge to the basins current hydro-political regime and status quo, as it may drive Sudans interest in renegotiating its current quota(Link et al., 2012;Whittington et al., 2014). No water at all was allocated to Ethiopia. Sudan and Egypt, which rely most heavily on the . Hydrological Sciences Journal, 56(4), 687-702. On March 4, 1834, the town of York in the British colony of Canada was incorporated as the City of Toronto. 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. Egypt, fearing major disruptions to its access to the Niles waters, originally intended to prevent even the start of the GERDs construction. Nevertheless, Khartoum continues to fear that the operation of the GERD could threaten the safety of Sudans own dams and make it much more difficult for the government to manage its own development projects. Therefore, a negotiated position that favours Ethiopia is likely to be reached once it becomes politically palatable enough inside Egypt. European countries including Italy, Belgium and especially the UK controlled the Nile as part of colonisation and the broader Scramble for Africa. These colonising states used the tactic of concluding treaties (often at gunpoint) to secure their interests and, in this case, essentially prohibit upstream states from using their own waters. One question that keeps coming up is: Will Ethiopia be willing to release enough water from the reservoir to help mitigate a drought downstream? This is on the basis of the principles of State succession as outlined in the Vienna Convention on the Succession of States (VCSS). You can revoke your consent to the site operator at any time by unsubscribing from the newsletter. 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. Whittington, D. et al. Ethiopia is pinning its hopes of economic development and power generation on the dam. 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.. An Ethiopian national flag is seen at the Grand Ethiopian Renaissance Dam in Guba, Ethiopia, on February 19, 2022. The withdrawal from the project by Deltares has been met by a wave of objections in Egypt for fear . casting the DoP as a treaty) has the potential to abrogate the Nile Waters Treaties that Egypt holds so dear. 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). Ethiopian general threatens military force to defend Nile dam as negotiations with Egypt falter. Further, it means that this figure should be used to assess the impact of the Dam on the Egyptian economy for the purposes of calculating compensation resulting from loss of flow. The IPoE report recommended two studies to assess the environmental and socio-economic impacts of GERD and was interpreted by both the Egyptian and the Ethiopian government as a vindication of their respective positions.
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