The Grand Ethiopian Renaissance Dam: An Appraisal of Colonial Agreements, Issues of Existence and Forum for Negotiation

Over the centuries, the Nile basin has served as a source of conflict and cooperation among the riparian states. Egypt especially guarded its claim to the Nile waters, threatening military action against Sudan and Ethiopia whenever they announced water projects on the river. Although there have been various agreements signed over the use and utilization of Nile waters over the years, none of these agreements are accepted by all riparian states. Egypt and Sudan had built extensive water reservoirs and dams along the Nile and effectively utilized mechanized agriculture through irrigation and installed hydropower electricity generators. However, Ethiopia, which contributes more than 85% to the Nile, did not use the Nile waters for agriculture or generate electricity until recently. Following the announcement of the construction of the GERD in 2011, Egypt and Sudan have been at odds with Ethiopia, claiming it has a devastating impact on their interests. Both Egypt and Sudan saw Ethiopia’s commitment to building the GERD as an existential threat to the lower riparian states. Also, both claimed that Ethiopia had no legal right to build a dam along the banks of the Nile by reciting the colonial agreements. This paper, through a doctrinal and interpretative methodological analysis, therefore, assesses the existential-ness of the Nile waters to all riparian states and the need to focus on equitable share and utilization. It also refutes the colonial agreements of 1902, 1929, & 1959 by walking through plausible legal analysis relying on international laws of watercourses. It also discusses how the African Union (AU) led-trilateral negotiation can be the viable solution to end hostilities over the GERD in line with the principle of “African solutions for African problems”.