Ethiopia: Nile Basin CFA Implementation Proceeds Without Egypt

• The Nile Basin Cooperative Framework Agreement (CFA) is officially in force, having been signed by seven countries.
• Former Ethiopian Minister Alemayehu Tegenu stated that the CFA's implementation will proceed despite Egypt's refusal to sign.
• The CFA aims to replace outdated colonial agreements with a framework for fair, equitable, and cooperative water use.
• Ethiopia asserts its right to develop its resources, including the operational Grand Ethiopian Renaissance Dam (GERD), which does not reduce downstream water.
• Ethiopia advocates for a rule-based order built on equity and sovereign cooperation, inviting Egypt to engage in dialogue.

The current trajectory for the Nile Basin countries is to fully implement the CFA, thereby establishing a fair, rule-based order founded on principles of equity, reason, and sovereign cooperation among all riparian states.

Former Ethiopian Minister of Water and Energy, Alemayehu Tegenu, has unequivocally stated that the implementation of the Nile Basin Cooperative Framework Agreement (CFA) will proceed, irrespective of Egypt's decision not to sign the accord. The CFA, a pivotal regional treaty, has officially entered into force following its endorsement by seven upstream Nile Basin nations. This agreement was conceived by these countries to foster fair, equitable, and cooperative management of the Nile River's shared waters.

The primary objective of the CFA is to supersede outdated colonial-era arrangements with a contemporary framework grounded in principles of shared benefit and reasonable utilization of the vital water resource. According to Alemayehu, the foundational legal and political prerequisites for the CFA are already firmly established. He emphasized that the number of countries that have already signed the agreement is sufficient for its official deposit with the African Union, rendering it practical and implementable even without the participation of Egypt and Sudan. He asserted that there are no impediments to its full operationalization.

Egypt has consistently opposed efforts towards equitable cooperation regarding the Nile, persistently upholding what Alemayehu Tegenu described as outdated monopoly claims. He noted that Egypt maintained its opposition throughout the entire process of developing the CFA and continues to resist signing it, indicating an unchanging stance against healthy cooperation. Cairo, he explained, continues to rely on the 1959 bilateral arrangement, which the former minister characterized as a colonial-era mindset that unlawfully excluded Ethiopia from its own water resources.

This 1959 agreement, according to Alemayehu, unilaterally allocated zero percent of the Nile waters to Ethiopia, effectively dividing the resource between Egypt and Sudan. However, he declared that the era of unilateral control over the Nile is now definitively over. The current trajectory for the Nile Basin countries is to fully implement the CFA, thereby establishing a fair, rule-based order founded on principles of equity, reason, and sovereign cooperation among all riparian states.

Ethiopia has demonstrated its capability to undertake significant national development projects, such as the Grand Ethiopian Renaissance Dam (GERD), without requiring external approval. Alemayehu Tegenu confirmed that the GERD is currently operational and does not diminish the water supply to downstream nations, which continue to receive sufficient water even with the dam functioning. He stressed that Ethiopia must never permit foreign obstruction to dictate its future development path.

The nation's focus, he articulated, is on its own progress and the development of other resources within the basin, including the construction of various irrigation schemes. Alemayehu dismissed Egypt's perceived hostility as a deliberate attempt to impede Ethiopia's advancement, asserting that Egypt's actions consistently obstruct Ethiopian development. He further highlighted that the GERD was specifically engineered to avoid any negative impact or harm on downstream countries, thereby demonstrating that Ethiopia's development initiatives are not in conflict with regional stability. Ethiopia also promotes basin-wide water security through initiatives like its Green Legacy and watershed conservation efforts, benefits which Egypt, he noted, refuses to acknowledge.

Ethiopia champions fairness, dialogue, and mutual benefit in its approach to transboundary water management, consistently inviting Egypt to engage based on principles of equitable and reasonable utilization and cooperation to resolve any outstanding issues. Alemayehu Tegenu criticized Egypt's preference for confrontation over collaborative engagement, labeling it an unwise decision. He reiterated Ethiopia's unwavering commitment to implementing the Nile Basin Cooperative Framework Agreement in its entirety.

This declaration signals a significant shift in the governance of the Nile River, moving towards a framework that prioritizes shared sovereignty and resource management among all basin states. The ongoing tensions underscore the complex diplomatic landscape surrounding water rights in the region, with Ethiopia firmly asserting its right to develop its resources while advocating for a cooperative, rule-based order.

Lawyers advising on water resource projects or investments in Nile Basin upstream countries, particularly Ethiopia, should note the declared implementation of the CFA as the governing legal framework, potentially impacting project viability and compliance with new regional water management principles. This also signals ongoing legal and diplomatic tensions regarding transboundary water rights that could affect regional investment stability.

Source: Original reporting via ENA