An Appraisal of Shared Water Dispute Resolution Mechanisms in the Nile Basin

One of the many transborder rivers that has so far lacked integrated and basin wide management in the world is the Nile. Due to historical, geographical, geostrategic, and developmental factors, an asymmetry in the utilization of the water resources of the Nile is evident. The paradox lies in the fact that the basin states that are contributing the most are using the least (mainly Ethiopia but also to some extent the Equatorial riparian states) and those that use the most are those that contribute the least (mainly Egypt but also to a lesser extent the Sudan). In order to maintain the status quo, both downstream states, most particularly Egypt, have all along carried out a 'water protectionist policy'. As a result non - cooperation has remained the Nile modus operandi for too long. All past efforts that were made to build up Nile - based institutions and to forge basin wide cooperation, prior to the formation of the Nile Basin Initiative (NBI) in 1999, failed to be all - inclusive simply because they lacked comprehensiveness, non - partisanship and impartiality. The aims and objectives of these institutions, including their agendas, were set by the downstream states suppressing the interests, wishes and natural rights of the upstream states. Notwithstanding this state of affairs, recent events in the basin seem to be changing the course of history from decades of confrontation to cooperation. For one reason or another, Egypt has demonstrated for the first time in history a shift from its assumed confrontational and gate - keeping role by acknowledging the rights of the other riparian states that have an equal say and a right to equitable share of the Nile water resources. The establishment of the NBI and the subsequent founding of the Eastern Nile Subsidiary Action Program (ENSAP) and the Nile Equatorial Lakes Subsidiary Action Programs (NELSAP) are testimonies to this effect. By so doing, the downstream states are giving some confidence and a glimmer of hope to the heretofore - disadvantaged upper riparian states, most particularly to Ethiopia. If this attempt is further strengthened, there is a good possibility Of untying, if not breaking, the stalemate. However, given the fact that the purpose of ENSAP is to avail water on project - by - project basis, it must be taken by Ethiopia as a means to an end and not as an end by itself. Along side ENSAP, Ethiopia should make a concerted effort in the realization of a basin - wide institutional framework that could entitle her, and of course the other upstream states as well, to a fair and equitable share of the bounty of the Nile water resources.