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. If Egyptian authorities refuse to abandon these anachronistic treatieswhich have created untenable water-use rights that benefit only itself and Sudanall parties will remain at an impasse. l located on the Blue Nile River in Ethiopia . 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. Perhaps the most obvious argument that Ethiopia may want to make is a rebuttal to Egypts continued reliance on the Nile Water Treaties. Across Ethiopia, poor farmers and rich business executives alike . 1800m long and 170m high. The Gerd is expected to generate over 5,000 megawatts of electricity, doubling the nation's . Government of the United States of America. 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). Disputes over the Grand Ethiopian Renaissance Dam (GERD), hailed by both Egypt and Ethiopia as a new chapter in relations between Egypt and Ethiopia based on openness and mutual understanding and cooperation (. The treaties also purported to give Egypt veto power over upstream projects. Trilateral talks between Egypt, Ethiopia and Sudan to finalise an agreement on a cooperation framework for the GERD have been mediated by the African Union, World Bank and United States. In fact, about 85 % of the overall Nile flow originates on Ethiopian territory (Swain, 2011). 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. 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 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 the modern era, the US used water to blackmail Egypt. The Political Deadlock on the Grand Ethiopian Renaissance Dam. One senior advisor to former Ethiopian prime minister Meles Zenawi alluded to it when he said that Ethiopia will supply the electricity, Sudan the food, and Egypt the money. To which we might add, and South Sudan will supply the oil.. The change of government in Egypt led to a more conciliatory approach (Von Lossow & Roll, 2015). According to Baradei, hydropower dams create immense turbulence in the water, where chemical reactions such as dissolved oxygen can destroy fauna and flora. Some have mythified it and claim it is the Gihon River of the Biblical Book of Genesis that encircles the entire land of Cush, thereby adding a religious dimension to the politicisation. 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. The instrument was a success in terms of cooling tensions between the states which seemed increasingly likely to come to blows. Search for jobs related to Disadvantages of the grand ethiopian renaissance dam or hire on the world's largest freelancing marketplace with 20m+ jobs. Sign up for news on environment, conflict and cooperation. Given agricultures importance to pro-poor economic growth, Egypt, which has significant experience and expertise in irrigation agriculture, can share some of that expertise with other countries in exchange for increased trade with them. First, as noted above, Ethiopia contributes 86% of the water in the Nile and so it seems only natural that it has an equitable claim to using Nile waters to aid growth in its impoverished economy. However, by far the largest of these projects is the GERD, which was announced in 2010 and work on which was launched in 2011 by means of a nationwide fundraiser in which Ethiopian civil servants were reportedly obliged to volunteer a months salary to invest in GERD bonds. It states in Principle III that the parties shall take all appropriate measures to prevent the causing of significant harm. Sudan, caught between the competing interests of both Egypt and Ethiopia, has been changing its stance on the issue. It and several other large dams in Ethiopia could turn the country into Africa's hydropower hub. Thus, as with the Watercourses Convention and the CFA, the DoP does not offer a clear legal resolution to the dispute. Given these considerations, it seems that Ethiopia has all but won the dispute. The dispute resolution committee could be made up of the Nile Council of Ministers (Nile-COM), which includes the ministers in charge of water affairs in all member states of the Nile River Basin. There are suggestions that Egyptian officials in the World Bank managed to precipitate a policy that funds would only be awarded for non-contentious water projects, thus precluding funding for the Dam. These two factors could become serious problems. What Egypt, Sudan and Ethiopia must overcome to all benefit from the Grand Renaissance Dam. However, for the reasons given above, the Nile Waters Treaties are unlikely to be considered territorial treaties. A regional framework for the management of the Nile already existsthe Nile Basin Initiative mentioned abovewhich is a partnership among the Nile riparian states that was launched in 1999. 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. Nevertheless, it is important to take stock of the human costs, social problems, and lasting environmental impacts of this strategy which have already drawn considerable criticism and concern. In that light, Egypt should minimize trips to Washington, D.C., New York, and Brussels, and instead use its diplomatic resources to improve its relations with the other riparian states. Security implications of growing water scarcity in Egypt. Zegabi East Africa News (2015). 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)). While such dams also come with long-term benefits to local populations, the chief beneficiary will always be the state, which reaps profits from the sale of surplus electricity. The three fillings hitherto, with the most recent in August 2022, imposed no discernible harm on downstream states. The Chinese then took over the funding amidst heightened international concern regarding the social, technical, and environmental repercussions of the Ethiopian dams. - Ethiopia's massive. Given the importance of water to Ethiopian agriculture, it resulted in the tragic irony that, as Thurow put it, the land than feeds the Nile is unable to feed itself. The status quo started to change when Ethiopia began construction of the Dam, just east of its border with Sudan, in 2011. Downstream countries Egypt and Sudan have expressed concerns over the impacts of the dam on their water supply. Both Egypt and Ethiopia could make arguments in support of their positions. A major reason the GERD is so controversial today is that it has not been subjected to thorough safety and impact studies, which could pose a grave threat to downriver nations. 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. 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. Why the Nile could see a 'water war'. Hence, it is hard to see how Egypt could make a compelling argument that it has been harmed by the Dam. 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. This is on the basis of the principles of State succession as outlined in the Vienna Convention on the Succession of States (VCSS). The Eastern Nile Basin is of critical geopolitical importance to the Niles overall hydro-political regime. 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. Ethiopia, however, prefers to have the flexibility to make decisions on how to deal with droughts. Although the immediate issue at stakesecuring a technical agreement on the filling of the GERDs reservoiris among Egypt, Ethiopia, and Sudan, the broader and longer-term goal should be for all 11 statesincluding Tanzania, Uganda, the Democratic Republic of Congo, Rwanda, Burundi, Kenya, Eritrea, and South Sudanto agree on a legal regime for the management of this important watercourse. 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. Water scarcity is a growing problem. Egypt wants control and guarantees for its share of Nile waters. Learn the history of Toronto from the city's official website. Chinese banks provided financing for the purchase of the turbines and electrical equipment for the hydroelectric plants. This is good news for Egypt and Sudan as hydropower means little actual water withdrawal. Most recently, there have been suggestions that the African Union should resolve the disagreement. The Tendaho, Tekeze, and the Gibe series are only a few examples from that period. The Danger of Multi-Party Democracy and Free Elections in Plural Societies Recognizing the Muslim Brotherhood as a Legitimate Player in Egyptian Politics was a Big Mistake Ethiopian Partnering with ASKY to Establish West African Cargo Hub Ethiopia and China's ZTE singed $800 million mobile deal H and M to build factories in Ethiopia Water scarcity is a growing problem. It is perhaps the most glaring demonstration of environmental or climate injustice that the youngest continent (60 percent of the population is below the age of twenty-five) is also the one that has historically least contributed to the industrial emissions of greenhouse gases yet is likely the one that will be hardest affected by meteorological Even without taking the dam into account, the largely desert country is short of water. In its 2013 report, the International Rivers Organisation predicted that the long-term effects of the Gibe III Dam would turn Lake Turkana into another Aral Sea. At that point, the lake that . First woman appointed to the Canada Supreme Court. Still, Egypt may be playing with fire if it were to press the legal significance of the DoP. 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. Whittington, D. et al. The Grand Ethiopian Renaissance Dam will increase energy generation and development in Ethiopia, but it may have unwanted consequences for other Nile River users. Sudan is caught between the competing interests of Egypt and Ethiopia. The filling time is estimated to take about 10 years, during which the Blue Nile water flows would be reduced. Ethiopia is pinning its hopes of economic development and power generation on the Blue Nile dam, which Egypt fears will imperil its water supply. It imports about half its food products and recycles about 25 bcm of water annually. But controversy has surrounded the project ever since it was announced in 2011 especially concerning its . The Grand Ethiopian Renaissance Dam (GERD) and hydroelectric project is located 700 km northeast of the capital city Addis Abeba, in the Benishangul--Gumaz region of Ethiopia, along the Blue Nile River. 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. Ethiopia is pinning its hopes of economic development and power generation on the dam. Egypt, which lies 1,600 miles downstream of the Dam, believes its operation will reduce the amount of fresh water available to it from the Nile. The dam was named the Grand Ethiopian Renaissance Dam (GERD) because it was designed to bring about the economic and renewal of Ethiopia, a nation mentioned in Genesis 2:13 as the Land in which . The 10-year filling time of GERD will likely contribute to fastened salinisation in Egypt. 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. 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). Created by. 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. The GDP per capita in Ethiopia is only $475. 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. 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. 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. Hydrological Sciences Journal, 56(4), 687-702. Sima Aldardari. 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. It will be the largest hydropower project in Africa. Note that, under Article 62(2) VCLT, territorial treaties are excepted from the change in circumstances rule. Ethiopian Yearbook of International Law 2017. These run from rising rivalry between Egypt and Ethiopia to a festering border war between Ethiopia and neighboring Sudan. This article considers water security in the context of the Grand Ethiopian Renaissance Dam (the Dam). Ethiopia seems to have the legal upper hand in this dispute. The Washington Quarterly, 37(2), 25-37. 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. The announcement on Friday comes a day after Ethiopia said it had launched power production from the second turbine at the Grand Ethiopian Renaissance Dam (GERD). International rights organisations have reported that many cases of displacement were not voluntary and that entire communities were driven from their villages. 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. 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. 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. As a result, the United Nations Security Council (UNSC) has recognised water security as a possible threat to international peace. Egypt, fearing major disruptions to its access to the Niles waters, originally intended to prevent even the start of the GERDs construction. Trilateral talks mediated by the United States and World Bank from November 2019 to February 2020 collapsed as Ethiopia rejected a binding agreement with Egypt and Sudan on the filling and operation of the GERD, which led to both downstream countries requesting intervention from the UN Security Council (UNSC) in May 2020 (Kandeel, 2020).

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