Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-04 21:00:00
The leadership of Kenya and Burundi is facing criticism for their reluctance to ratify the Nile Basin Co-operative Framework Agreement (CFA), which is meant to establish the Nile Basin Commission and transform the Nile Basin. While other countries have been open and made their positions known, Kenya and Burundi continue playing hide and seek on the matter, which is escalating mistrust and political suspicion within the region. Their reluctance is slowing down efforts to increase investments in the existing transboundary resources for the benefit of the region.
Egypt has publicly expressed its opposition to the transformation of the Nile Basin Initiative into a full commission with a legal mandate to facilitate cooperation in the region. On the other hand, Ethiopia, Rwanda, Tanzania, and Uganda have ratified the treaty. However, Kenya and Burundi remain cagey and evasive, even after signing the 2010 Cooperative Framework Agreement to enable the finalization of the exercise. The process cannot remain in limbo forever, and hard decisions must be made to enable the coordinated and legal utilization of the water resources in the Nile Basin equitably and sustainably among the 10 countries in the basin.
The four countries that have already signed the CFA and ratified the treaty have expressed frustrations at the reluctance of Kenya and Burundi to ratify the treaty, even after their Cabinets’ and Parliaments’ approval some years back. Egypt has raised concerns about some articles that need a relook, though in real sense they seem to have shifted their focus elsewhere.
Additionally, concerns have been raised about the Nile Water Treaty of 1929, which gave Egypt the right to veto upstream projects. This could interfere with the flow of the Nile, hence new cooperative arrangements are needed for the 10 countries to equally benefit from the River. Indeed, development of the current CFA seems to be the only momentum to finalize the process, yet it is dying a natural death.
Leadership is required, and honest hydro diplomacy is needed to allow the establishment of the Nile Basin Commission. It is worrying and unusual for Kenya to take such a long time in moving the process of ratifying such an important treaty that stands to benefit its people. If Kenya has irreconcilable opposition to the CFA in its current form, or has issues with the other 10 Nile basin countries, Nairobi should raise the matter or pursue its differences outside the current efforts to establish the Nile Basin Commission.
Since 1948, 295 international water agreements have been successfully negotiated and signed, leading to a drop in conflicts over water resources. Unless the framework is finalized, the potential for water-related conflicts is real and inevitable. Water is a transboundary, trans-sectoral, and transgenerational resource that ensures sustainability, and the political and technical goodwill is vital in securing a water-secure world.
The 45 Articles CFA notes that once established, the Commission shall serve as an institutional framework for cooperation among Nile Basin States in the use, development, protection, conservation, and management of the Nile River Basin and its waters. Upon the entry into force of this Framework, the Commission shall succeed to all rights, obligations, and assets of the Nile Basin Initiative. Leaders need to act decisively to ensure the cooperation and sustainable management of the Nile Basin resources for the benefit of all.
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