Benefit Sharing as a mechanism for improving Transboundary Water Governance: the case of the Eastern Nile Sub-basin E. Mapedzaa∗, T. Tafesseb A. Haileselassiec, F. Hagosa, M. McCartneya and S. Bekelea a International Water Management Institute, b Addis Ababa University, College of Development Studies and c International Livestock Research Institute (ILRI). ∗ Author for correspondence: [email protected] or [email protected] Abstract Transboundary Rivers have often been a source of disagreement for riparian states. Sadoff and Grey (2002) after analyzing the conflicts amongst riparian countries proposed that using the Benefit Sharing Framework would broaden the scope of discussion transcending beyond the sharing of physical water quantities to the sharing of benefits coming from water within the river basin. Hence, benefit sharing goes beyond a Zero Sum Scenario (ZSS) to a Positive Sum Outcome (POS) where all the parties in the river basin will benefit from cooperation. Research conducted by the Stockholm International Water Institute (SIWI, 2008) further proposed the use of Transboundary Waters Opportunity (TWO) analysis to overcome the problem paused by limiting the focus of transboundary water management to physical water quantity. This study looks at the potential mechanisms of implementing benefit sharing within the Nile River Basin, specifically focusing on the Eastern Nile Sub-basin. The study was part of a bigger project that aimed at analyzing the broader upstream and downstream linkages and their implications for the different riparian countries. The results of the study showed that whilst the Benefit Sharing Framework is a practical way of looking at transboundary water governance, it still has gaps in terms of quantifying the benefits, the need to discount benefits over time, the changing relative importance of benefits over time, the differential values associated with different costs and benefits and more importantly, the political economy of transboundary institutions. In view of these gaps, this study addresses the mechanisms of establishing transboundary river basin institutions especially in the current context of the paucity and contested nature of data which is supposed to help in quantifying the magnitude of the benefits to be shared within the river basin. Key Words: Benefit sharing, Eastern Nile Sub-basin, Nile, Transboundary institutions. 1. Introduction Benefit Sharing is increasingly gaining currency as a mechanism to engage riparian countries to look beyond physical water allocation to the allocation of benefits coming from water (Sadoff 2002; Sadoff 2005). Such an approach in transboundary water governance is seen as being better positioned for the riparian countries to perceive river basin discussions beyond the Zero Sum Scenario (ZSS) to Positive Sum Outcomes (PSO) where all stakeholders benefit from cooperation. The Zero Sum Scenario has largely been perceived as undermining collective action with a gain by one actor or country being directly related to a loss by another actor or country (Chayanov 1986; Murphree 2000; Ostrom 2002). Under such a scenario, the size of the cake to be shared is perceived to be fixed. This Scenario can, broadly, be equated to the Malthusian arguments which view the land resources and productivity as being fixed in the face of an increasing population. Benefit Sharing has generated a lot of debate as to how institutions can be configured in such a way that benefits beyond the physical water quantities can be shared at transboundary river basin level. Benefit Sharing could also be viewed in the Boserupian lens since it argues on the possibility of expanding the basket of benefits beyond water that can result in more benefits for everyone (Tiffen 1994; Fairhead 1996; Mehta and Scoones 1999; Leach 2001; Gichuki 2002). Some researchers have argued that although benefit sharing sounds simple and logical, the Benefit Sharing framework has major problems in translating it into practice (Tesfaye 2001; Nicol 2003; Zeitoun 2005; Turton 2008). This study contributes to such a dialogue which aims to assess how transboundary institutions can be configured to take into account benefit sharing using the Eastern Nile River Basin as an example. This study focuses on benefit sharing within the Eastern Nile River Basin countries which include Ethiopia, Sudan and Egypt. Eritrea is not included since it has opted for an observer status during the ongoing transboundary negotiations process that are being spearheaded under the auspices of the Nile Basin Initiative (NBI). Benefit sharing is an attempt to avoid what (Scheumann 2008) and Scheuman et al (2008) refer to as a ‘race to the pump house’ in the context of transboundary aquifers in Africa. Benefit sharing could also be viewed in terms of the broader literature which wants to address cooperation at international level in order to address the ‘tragedy of the commons’ (Ostrom 1990; Murphree 1991; Agrawal 2000; Ostrom 2002). These literature focus on shared resources such as transboundary rivers, extended forests, bio-regions and climate change (Chaumba 2003). For instance, during the 2003 World Parks Congress, the transboundary approach was promoted as ‘benefits beyond boundaries’ (Wolmer 2003). Some researchers have commented that ‘nature rarely notices political boundaries and hence there is a need to have integrated resource management which might stride across national boundaries’ (Zbicz 1999). Benefit sharing is not uni-modal but rather takes various configurations along a cooperation continuum, varying from communication and notification to joint investment (Sadoff 2005). This study also looked at the problems of operationalisation of the Benefit Sharing Concept in the same way as equity was defined by the Helnski Rules in 1966 and the UN Convention on the Non-navigational Uses of International Water Courses in 1997. Neither the Rules nor the Convention have helped in removing the ambivalence enveloping the application of the term ‘equity’ in African river basins (Klaphake 2006; Lautze 2008). It is against the above-stated backdrop that Whittington (2002) argues that transboundary river basin cooperation is important. The major challenge facing ‘benefit sharing’ is how to put theory into practice taking into account the power and interest asymmetries within the river basins, such as the Eastern Nile River Sub-basin (Waterbury 2002; Conway 2005). 2. Study Methodology The methodology of this study makes use of the Benefit Sharing Framework proposed by Sadoff and Grey (2002; 2008). The paper will also briefly comment on SIWI’s 2008 Transboundary Waters Opportunities Analysis (TWO) that seeks to extend and help in the quantification of variables within the Benefit Sharing Framework. The research approach also included literature review on Benefit Sharing Framework as complemented by key informant interviews especially with the Nile Basin Initiative. 2.1. The Benefit Sharing Framework In this section, attempts will be made to illustrate the underlying set of ideas or frameworks of benefit sharing in terms of typologies. As stated by Sadoff and Grey (2002), with better management of the ecosystems cooperation can provide ‘benefits to the river’; with cooperative management of shared rivers, benefits can be accrued ‘from the river’ (e.g. increased food production and power); with easing of tensions between riparian states costs ‘because of the river’ could be reduced; and with cooperation between riparian states leading to economic integration comes ‘benefits beyond the river’. As exemplified in Table 1, there are challenges and opportunities embedded in the aforementioned benefits. Transboundary cooperation could enable basin states to overcome various challenges, such as degraded watersheds, increased demand for water, tense regional relations and regional fragmentation and furnishes opportunities, such as improved water supply, soil conservation, more agricultural and power production, cooperation and integrated regional markets and cross border trade. Table1: Types of cooperation and benefits on international rivers Types of cooperation Type 1: increasing benefits to the river The challenge Degraded water quality, watersheds, wetlands, and biodiversity The opportunities Improved water quality, river flow characteristics, soil conservation, biodiversity and overall sustainability Type 2: increasing Increasing demands for Improved water resources benefits from the river water, sub-optimal water management for hydropower and resources management and agricultural production, flooddevelopment drought management, environmental conservation and water quality Type 3: reducing costs Tense regional relations and Policy shift to cooperation and political economy impacts development because of the river Type 4: increasing Regional fragmentation Integration of regional benefits beyond the river infrastructure, markets and trade Source : Sadoff and Grey. 2002: 393 Some real world examples of economic and non-economic benefits that can be accrued as a result of cooperation endeavors will be mentioned hereunder (summarized from Sadoff and Grey, 2002). (a) ‘Benefits to the River’ (‘Ecological River): Cooperative efforts to restore and protect shared river basins have been exemplified by Rhine River (ibid). Due to the pollution of the Rhine, Salmon (fish)1 disappeared from the river in the 1920s. In due cognizant of the problem, the Ministers of the eight riparian states met in 1987 and came up with a plan to repopulate the river with Salmon under the motto ‘Salmon 2000’. As a result of the concerted efforts made by the basin states and the allocation of enough fund, Salmon resurfaced in Rhine as planned in 2000. The lessons one can draw from this example is how cooperation on shared water resources yields ecological benefits to the river. (b) ‘Benefits from the River’ (Economic River2): in this context, two examples could be given. The first one refers to the Senegal River where Mali, Mauritania, Guinea and Senegal are cooperating to regulate river flows and generate hydropower using common resources and designing fair benefit sharing mechanisms. The Senegal River Basin Organization’s (OMVS) achievements to date include: (a) the construction of two dams and hydropower plants, (b) implementation of environmental management projects, (c) creation of the observatory of the environment and (d) adoption of a water charter (ENTRO 2007). The second example takes us to the Lesotho Highlands Water Project (LHWP) that has been designed to harness the Orange River for the benefit of both Lesotho and South Africa. As noted by Vincent Roquet & Associates Inc. (2002: 50), LHWP had dual purposes: (i) to control and redirect a portion of the water of the Orange River from the Lesotho mountains to the Vaal River basin through a series of dams and canals for utilization in the Guateng Province of South Africa, (ii) to take advantage of the head differential between the highlands and lowlands of Lesotho to generate hydropower in Lesotho to meet its own needs (Vincent 2002). In order to attain both purposes, the two parties have agreed to share the cost of construction in rough proportion to the share of their anticipated benefits. According to the agreements reached between the two countries, South Africa has agreed to pay Lesotho royalties for water transferred for 50 years (it currently accounts for 5% of Lesotho’s GDP) and Lesotho will, in turn, receive all the hydropower generated by the project. Both parties have considered the water and power deals as equitable allocations of benefits (Sadoff et al, 2002a). (c) ‘Because of the River’ (Political River): the costs incurred due to the presence of shared water resources have remained higher in rivers flowing through arid and semi-arid 1 Salmon (fish), common name applied to fish characterized by an elongated body covered with small, rounded scales and a fleshy fin between the dorsal fin and tail Mcrosoft. (2004). "Microsoft Encarta Encyclopedia." 2009, from http://www.answers.com/topic/microsoft-encarta-encyclopedia-standard-2004. 2 The word ‘economic’ is applied here in its literal sense denoting the utilization of rivers for irrigation, power etc environments, such as the Jordan, Nile and Euphrates-Tigris. Tensions and disputes, which have long remained the norms than exceptions in these river basins, inhibited regional integration and facilitated fragmentation. As noted by Sadoff et al (2002a: 398) with reference to the above-stated rivers, “little flows between the basin countries except the river itself – no labor, power, transport or trade”. (d) ‘Benefits beyond the River’ (Catalytic River): it envisages other flows than the river itself, such as improved communication and trade (ibid). The same authors (2002a: 399) stated that “cooperation on shared river management can enable and catalyze benefits ‘beyond the river’, more directly through forward linkages in the economy and less directly through diminished tensions and improved relationships”. A good example for such a benefit is the Mekong Basin. During years of conflicts in the region, Laos always provided hydropower to Thailand. Similarly, Thailand has always purchased gas from Myanmar and Malaysia and hydropower from Laos and China. In effect, the riparian transactions brought about mutual dependency. 2.2. Transboundary Waters Opportunity (TWO) Analysis The Stockholm International Water Institute (SIWI) published Report number 23 in 2008 which looked at developing a conceptual framework and methodology aimed at meeting the Positive Sum Outcome Scenario. The framework is based on a matrix which looks at development opportunities comprising of: • • • • Hydropower production and trading Primary production Urban and Industrial development Environmental and ecosystem services The two main factors addressing water resources are: • New Water • Efficient Use and Management of water This framework heavily relies on the Benefit Sharing Approach proposed by Sadoff and Grey (2005). However, the TWO analysis also suffers from the contested and political nature of the values allotted to different benefits. The SIWI team is further trying to refine the measurements of the different variables which could be important for riparian states. One of the objectives of the TWO analysis was to generate different scenarios that would help the riparian countries to select different policy options (SIWI 2008). 3. International Transboundary Water Governance experiences This section draws upon international experiences on Transboundary water governance. The examples used are Columbia River, Senqu/Orange River, the Senegal River and the Mekong River. 3.1. Columbia River Columbia River is 1,952 kilometers long and has its source in the Canadian province of British Columbia and flows into the American state of Washington. It is the fourth largest river in North America, having tributaries in both Canada and the United States. All in all, the Colombia River Basin covers 640,000 square kilometers (Paisley 2002). It also gathers a lot of inflow from melting snow that at times causes serious flooding along the river course, mostly downstream in the United States of America. At the time of the Columbia River Basin negotiations, there were lots of hydraulic projects downstream, including hydroelectric development, flood control and regulation downstream in the United States of America. The first basin agreement was signed between Great Britain (for Canada) and the United States of America on 11 January 1909. In 1961, the United States of America and Canada (later passed its responsibility to the British Columbia state) signed the Columbia River treaty which was further ratified in 1969 (Wolf 1999). The treaty was signed for 60 years with a re-negotiation window being left open after a lapse of 30 years. The dam developments of Duncan (1968); Keenleyside (1969) and Mica (1975) included calculations on how much economic rent would come form the dam developments and further explicitly included the participation of local communities. Under the agreement Canada was to build three additional dams to provide flood control and hydroelectric benefits to the USA. In return, Canada got the discounted value of benefits downstream USA and the rights to half of the electricity generated as a result of the added storage and flood regulation (Wolf 2009). The 30 year electricity rights were then sold by the British Columbia for US$254 million and were part of the costs for the new dam infrastructure. Currently, British Columbia is getting it’s tranche for the second thirty year period. In 1973, the USA also built the Libby Dam within its territory. Lessons Learnt The Colombia River agreement is a clear demonstration of the Canadian government’s efforts (upstream) to set a precedent and reciprocity through a transboundary agreement (Wolf 1999; Jones 2001; Wolf 2003). The Colombian case also illustrates the importance of benefit sharing that emanates from infrastructural investment. A revenue Sharing Trust Fund was set up under the Columbia Basin Trust in 1995 with an endowment of 295 million Canadian dollars. The main aim of the Trust is to make sure that the 170,000 residents, who are negatively impacted by the treaty, would get some benefits. A total of 250 million Canadian Dollars was invested in power projects with 45 million invested in non-power investments. The Trust also received 2 million Canadian Dollars for operational costs between 1991 and 2010 (ÉGRÉ 2007). One also needs to note the uniqueness and strong institutional capacity of both parties to reach this agreement (Wolf 1999). 3.2. Senegal River Basin The Senegal River is 1,800 kilometers long and originates from Futa Jallon Highlands in Guinea and ends up in the Atlantic Ocean through Senegal. It covers a total area of 300,000 square kilometers with a population of 2.7 million people. The four Senegal River Basin countries are Guinea, Mali, Mauritania, and Senegal. The Senegal River basin organization focuses on Joint Management and Expansion of water supplies within the basin (cf. Lautze and Giordano 2007). The Senegal River Basin Commission was formalized in 1958 after Guinea’s independence. The Senegal River Inter-State Committee (Comité Inter-Etats pour le Développement du Bassin du fleuve Sénégal) was formed on 26 July 1963 in Bamako, Mali. After independence, the cooperation was seen as a way of coordinating studies on hydrological investments in the Senegal River Basin. In 1968, in response to the Pan African calls for cooperation, the Organization of the Riparian States of the Senegal River, namely, the Organisation des Etats Riverains du bassin du fleuve Sénégal (OERS), was formed by the four riparian states. The objectives of OERS were not clearly defined at the outset. Later, in 1972, Mali, Mauritania and Senegal formed the Senegal River Basin Development Organization (OMVS), with the aim of harmonizing irrigation water investments and mitigating the impact of droughts in the region that were induced by erratic and low rainfall. The 1972 Agreement is still operational and aims ‘to promote the coordinated exploitation of the Senegal River basin resources in order to increase the sustainability of the income of the basin inhabitants, to decrease the vulnerability of the economies of members states to climate variability, and to accelerate economic and inter-state cooperation’(Sadoff Undated). In 2002, a Water Charter was signed which advocated for sustainable development. The Charter broadly advocates the application of Integrated Water Resource Management (IWRM) principles on issues, such as participation and equity. Benefits have accrued to the three member countries in terms of irrigation, hydro-power and river navigation. Over 1 Billion United States Dollars have been raised to fund dam construction, irrigation and for institutional support. Lessons Learnt The Senegal River Basin is considered one of the success stories for establishing a good transboundary river basin institution. It has also succeeded in distributing the benefits from the river fairly and squarely amongst the three riparian countries. However, it still faces problems in terms of negotiating for water within the drier Sahelian Region. Guinea’s new membership will also entail benefit sharing re-configuration. More also needs to be done to mitigate the negative impacts of dams which resulted in the increase of water related diseases such as malaria and bilharzia. This has important implications in terms of costs and benefits that should be addressed while assessing the values in other contexts such as the Eastern Nile River Basin (Sadoff Undated). 3.3. Mekong River Basin The Mekong River has its source in the Tibetan plateau in China to the South China Sea covering about 4,909 square kilometers with a population of over seventy million people. The six Mekong River Basin countries are China, Myanmar, Laos PDR, Thailand, Cambodia and Vietnam. They have actively promoted new investment into the Mekong River Basin through the Mekong River Commission leadership. With the assistance of the Asian Development Bank, the Mekong River Basin has been a basis for mobilizing international finance and investment in the Mekong River Basin countries (Stensholt 1996). Hydroelectric power is largely perceived as the engine for economic growth with twelve hydro-electric projects planned in the Mekong River Basin area. The effort towards the Mekong Transboundary cooperation can be traced back to the post Second World War era with the need for reconstruction and to curb the threat of the expansion of communism (Mekong 1989. ). The developments and cooperation efforts in the Mekong can be summed using the following key events: 1. Committee for the Coordination of Investigations of the Lower Mekong Basin Mekong Committee (MC) (1957 – 1978) (Cambodia, Laos, Thailand and Vietnam); 2. Interim Committee For Coordination of Investigations of the Lower Mekong Basin Interim Mekong Committee (IMC) (1978 – 1995) (Laos, Thailand and Vietnam); 3. Mekong River Commission (MRC) (1995 to present) (Cambodia, Laos, Thailand and Viet Nam as members; China and Myanmar as dialogue partners). The current Mekong (1995) states want a ‘shared vision of an economically prosperous, socially equitable, and environmentally sound Mekong River Basin’ (Wolf 2001). The Mekong River Commission is mandated with the Mekong River Basin Development and Strategic Development plans in order to “promote, support, cooperate and coordinate in the development of the full potential of sustainable benefits to all riparian States and the prevention of wasteful use of the MRB waters, with emphasis and preference on joint and/or basin-wide development projects and basin programs (1995 Agreement, Article 2), (Mekong 1995). Lessons learnt One of the key lessons learnt for the realization of benefit sharing is the need for political willingness to share benefits. Regional institutions alone are not a guarantee for effective cooperation. Even the provision of financial resources has to be linked with political willingness for benefit sharing to be meaningful. The quantification of benefits at national level, for instance amongst the states (hydropower, transportation), local fishermen (fisheries) and environmental non-governmental organizations - do not always match. At a regional level, the complexity of mapping the different benefits then becomes a key dilemma (Sneddon 2008). 3.4. Lesotho Highlands Project The Lesotho and South African governments signed an agreement for ‘the mutual benefit . . . to be derived from the . . . equitable sharing of the water resources of the Senqu/Orange River and its effluents’ in 1986 (cited in Lautze and Giordano 2008: 97). The major aim of the Lesotho Highlands Project is to generate power and regulate water provision to South Africa’s Gauteng (Johannesburg and Pretoria) area. Lesotho maintains the benefits of hydroelectric power with South Africa also getting water. The costs of the project were shared proportionally to the distribution of the anticipated benefits. Lesson learnt The key lesson emanating from the Lesotho Highlands project is a case in point where the shared benefits went beyond just the physical water. South Africa also offered to assist Lesotho to acquire the necessary foreign currency required to meet Lesotho’s obligation in the project. 4. Research Findings 4.1. Nile Basin Initiative Attempts at cooperation and benefit sharing within the Blue Nile Basin go back to the 1960s. The 1959 Water Sharing Agreement allocated the Nile waters as follows: Egypt 66%, Sudan 22% and surface evaporation and surface seepage at the High Aswan Dam at 12%. Ethiopia3 was not included in this water sharing agreement (FAO 2008). In 1967, the Hydrometeorological Survey of the Equatorial Lakes (Hydromet) was launched with the support of the United Nations Development Programme (UNDP) and aimed at enhancing collection of hydrometeorological data in the equatorial lakes area. Hydromet operated until 1992. In 1993, the Technical Cooperation Commission for the Promotion and Development of the Nile Basin (TECCONILE) was formed with the intent to promote development (World Bank 2005). In 1993, the Canadian International Development Agency (CIDA) funded 10 Nile 2002 conferences which aimed at promoting dialogue and cooperation within the Nile Basin. In 1995, CIDA had supported the development of a Nile Basin Action Plan within the auspices of TECCONILE. In 1997, the Nile Basin Council of Ministers requested the World Bank to lead and coordinate their donor activities (WorldBank 2005). In 1997, with UNDP support, the riparian countries also established a forum for dialogue on a ‘Cooperative Framework Agreement’ for the Nile Basin, selecting three representatives from each riparian country. In February 1999, the Nile Basin Initiative (NBI) succeeded the TECCONILE. The NBI is spearheaded by the Council of Ministers of Water Affairs of the Nile Basin states (Nile Council of Ministers or Nile-COM). ‘The NBI seeks to develop the river in a cooperative manner, share substantial socioeconomic benefits, and promote regional peace and security’ (NBI 2001a). The NBI started with a participatory process of dialogue among the riparian countries that resulted in their agreeing on a shared vision: to “achieve sustainable socioeconomic development through the equitable utilization of, and benefit from, the common Nile Basin water resources,” and a Strategic Action Program to translate this vision into concrete activities and projects’ (WorldBank 2005). The Nile Basin Initiative has embarked on the Shared Vision Programme (SVP). The SVP’s mission is the creation of a “coordination mechanism and an enabling environment to realize the shared vision through action on the ground” (Council of Ministers of Water Affairs of the Nile Basin States 2001). In June 2001, an ICCON (International Cooperation Consortium on the Nile) Meeting took place in Geneva with possible donors for NBI. In the forum, project proposal documents were presented to solicit funding for shared vision projects. The outcome of the Meeting was the 3 By then, Eritrea was part of Ethiopia. Eritrea broke away from Ethiopia de facto in 1991 and de jure in 1994. establishment of the Nile Basin Trust Fund (NBTF) to finance the SVP with support from the World Bank, Global Environment Facility (GEF), European Union (EU) Water Initiative, African Development Bank (ADB) and bilateral donors. The SVP projects and host countries are shown in Table 2 below. The seven projects are interconnected and are expected to build a strong foundation for regional cooperation and to forge a common vision within the Nile River Basin (Council of Ministers of Water Affairs of the Nile Basin States, NBI 2001). Table 2. Shared Vision Program projects and project management unit locations. Project Name Location Confidence Building and Stakeholder Involvement Uganda (NBI Secretariat) Nile Basin Regional Power Trade Tanzania Efficient Water Use for Agricultural Production Kenya Nile Transboundary Environmental Action Sudan Water Resources Planning and Management Ethiopia Applied Training Egypt Socioeconomic Development and Benefit Sharing Uganda Source: Council of Ministers of Water Affairs of the Nile Basin States, 2001 The SVP is a multi-country, multi-sectoral, grant-funded program of collaborative action, exchange of experience, and analytical work that is intended to build a strong foundation for regional cooperation (WorldBank 2005). The following section gives a brief overview of the seven Shared Vision Projects: 1. Confidence Building and Stakeholder Involvement According to the NBI ‘The Confidence Building and Stakeholder Involvement Project is one of the thematic projects being implemented basin-wide to help establish a foundation for trans-boundary regional cooperation and create an enabling environment conducive to investments and action on ground within an agreed basin-wide framework’ (NBI 2009). 2. Nile Basin Regional Power Trade Nile Basin Regional Power Trade aims at establishing institutional means to coordinate power development and markets through the Nile River Basin Power Forum. The Nile Basin Power Forum looks at issues such as regional power concerns and also aims to increase access to power in the region as a mechanism of reducing poverty and integrating the regional economies. 3. Efficient Water Use for Agricultural Production “The Efficient Water Use for Agricultural Production (EWUAP) project is using the services of national and international consultants to examine agricultural water use in the Nile Basin. Rapid baseline assessment reports, completed by national consultants earlier in the year, set out the situation in most of the member countries to establish the overall situation relating to agricultural water use in the basin” NBI Website. The major aim of this component is to have the most efficient water use so that more riparian states could benefit from the available water resources within the Nile River Basin. Whilst the focus on benefit sharing is looking at benefits beyond water, it is still important to efficiently make use of most of the water for irrigation, for instance. A consultant study has identified best irrigation practice and the best irrigation sites within the Nile Basin. 4. Nile Transboundary Environmental Action The Nile Basin Transboundary Environmental Action Project provides the strategic framework for the management of transboundary water and environmental challenges. This component realizes the importance of transboundary impacts of environmental issues within the Nile River Basin system. 5. Water Resources Planning and Management Water resource planning has four components: (a) Water Policy Good Practice Guides and Support, (b) Project Planning and Management Good Practice Guides and Support, (c) Nile Basin Decision Support System and (d) Regional Coordination and Facilitation. Water Resources Planning and Management have a budget of US$32.86 million over six years (NBI website). The aim is to develop water laws and guides and also train national staff in the Nile riparian countries on project planning and management. All the national level water resources have to be interlinked within the broader River Basin. 6. Applied Training “The Applied Training Project is one of the thematic projects to be implemented basin-wide to help establish a foundation for trans-boundary regional cooperation and create an enabling environment conducive to investments and action on ground within an agreed basin-wide framework.” (NBI website) The major aim of Applied Training is to jointly train regional water resource experts as per the requirement of member governments. This would also offer mechanisms of joint training and joint information sharing. 7. Socioeconomic Development and Benefit Sharing The Socioeconomic Development and Benefit Sharing (SDBS) Project aims to strengthen the Nile River Basin-wide socioeconomic cooperation and integration. US$9 million has been budgeted for over 6 years. This project also offers an opportunity to incorporate some compensation arrangements for costs incurred upstream in improving benefits downstream. Subsidiary Action programs The implementation of the SVP is complemented by the Subsidiary Action Programs (SAPs). The SAPs are premised on the subsidiarity principle which notes that actions and decisions are supposed to be taken at the lowest appropriate unit of governance. This has resulted in the creation of two SAP action plans: First, the Nile Equatorial Lakes Subsidiary Action Program (NELSAP) comprising Burundi, Kenya, Rwanda, Tanzania, Uganda, Democratic Republic of Congo, Sudan and Egypt, with Ethiopia participating as an observer; and Second, the Eastern Nile Subsidiary Action Programme (ENSAP) comprising Egypt, Ethiopia and Sudan (Tesfaye 2001). The SAPs have 15 major projects covering water supply and sanitation, river regulation and flood management, irrigation and drainage, fisheries, hydropower, water hyacinth and weeds control. Governments identify local needs and actions whilst the SAP focuses on activities with transboundary implications. All the local and national level activities should integrate upward ‘to form a basin-wide development’ (NBI 2001a: 12). The intention is to come up with a win-win situation at a basin level. This has seen the development of the Integrated Development Programme of the Eastern Nile (IDEN), which is also commonly referred to as the ENSAP Project (Tessera 2006). In 2002, the Eastern Nile Technical Regional Office (ENTRO) was set up as an international organization in Addis Ababa, Ethiopia as an operational arm of ENSAP. The Eastern Nile Subsidiary Action Programme (ENSAP) calls for cooperation within the Blue Nile River Basin. They have also identified hydraulic projects for which watershed management has been identified for fast-track preparation and implementation. The proposed projects under the Integrated Development of Eastern Nile (IDEN) include the following: Eastern Nile Planning Model sub-project (fast-track); Baro-Akobo Multi-purpose Water Resources Development subproject; Flood Preparedness and Early Warning sub-project (fast-track); Ethio-Sudan Transmission Interconnection sub-project (fast-track); Eastern Nile Power Trade Investment Program; Irrigation and Drainage sub-project; Watershed Management sub-project (fast track) Four of the proposed projects have been setup for fast-track, meaning that they will be given priority for implementation since they are believed to promote regional integration. The vision of NBI sounds credible but its operationalization will determine its success or failure. Sharing of costs and benefits within the Eastern Nile Sub-basin amongst the three ENSAP member countries will result in the overall improvement of the river basin and poverty alleviation in the member countries. A ‘Cooperative Framework Agreement’ (CFA) for the Nile was approved by the Nile Basin Council of Ministers (Nile–COM) on 26 June 2007. The CFA was adopted in Kinshasa and is now waiting to be signed by the Nile River Basin Member countries. If it is ratified by member countries, it will become international law and serve to establish a permanent Nile River Basin Commission. The nine co-basin countries seem to be agreeing on most issues except on the issue of ‘water allocation and water security’. The latter are included in the Cooperative Framework Agreement (CFA) under Article 14b. Be that as it may, upstream countries like Ethiopia which uses about 1% of the Nile water are thinking in terms of equity in water allocation, whereas downstream countries like Egypt are viewing the same issue in terms of ‘no appreciable harm’ to existing downstream water usage (Waterbury 1998). As a result of such a divergence of interest, the CFA is currently at a deadlock. Joint Multipurpose Projects and Benefit Sharing In the broader context of benefit sharing a number of Joint Multipurpose Projects (JMPs) are envisaged as ways of demonstrating the potential of benefit sharing within the Eastern Nile. The JMP is envisaged “ …..to demonstrate the benefits of a cooperative approach to the management and development of the Eastern Nile" (ENSAP JMP Executive Summary, 2008). It has been launched a suite of basin-wide projects to build trust and capacity (Sneddon 2008). The JMP was launched in 2005. JMP, it is hoped, will result in the move from unilateral action to joint action as shown in Figure 1 below (Sadoff 2005) Figure 1. The Cooperative Continuum (Sadoff 2005) JMP is a joint undertaking by the three EN countries, namely Egypt, Ethiopia and Sudan, to use the shared resources as entry points to foster economic integration through multi-purpose projects that go beyond the water sector (ENTRO 2008a). Its immediate development objective is to undertake cooperative and sustainable development and management of the shared Blue/Main Nile water resources through multipurpose storage/dam and power systems infrastructure, watershed and floodplain management and the ‘selective’ development of irrigation systems. According to ENTRO (2007), four elements are included under JMP: (i) watershed and environmental management, (ii) enhanced agricultural production, (iii) infrastructure with linked river and power systems, and (iv) leveraged Growth and Integration (ENTRO 2007). It has been recognized by ENTRO that cooperative development and management of the Eastern Nile Basin, as one river system, offers tremendous opportunities for economic development. This could be achieved through a multi-country, multipurpose program of activities that could increase power supplies, build reservoir capacity and enhance agricultural production that can mitigate natural resource degradation, alleviate poverty and support more sustainable livelihoods for the peoples of the EN sub-basin. According to Blackmore and Whittington (2008), a large dam with over-year storage on the Abbay (Blue Nile) is suggested to achieve the aforementioned benefits. The same authors believe that a large multipurpose dam on the Abbay4 would meet the criteria for JMP investments, including the generation of multipurpose benefits to all the three EN countries in terms of hydropower, irrigation, flood control and regional cooperation. Put in a nutshell, such JMP activities “would make better use of the Blue Nile water to produce more food and fiber, while at the same time reducing sedimentation and enhancing environmental values” (Ibid:73). Blackmore and Whittington (2008) have also itemized the benefits that can be accrued to all the three EN countries after the construction of a large dam on the Blue Nile (Blackmore 2008). The authors mentioned that Ethiopia stands to benefit in financial terms from the sale of large amounts of hydropower to downstream riparian countries; Sudan would benefit in several ways, including flood control, improvements in seasonal navigation and reduction in sediment loads reaching Sudanese reservoirs, while Egypt benefits from upstream storage by receiving alternative sources of reliable power and increased opportunities for trade, regional integration and cooperation. Of the various projects of the JMP, special attention has been given to the development of sustainable watershed management due to the existence of close interrelationships between watershed, environmental management and enhanced agricultural production. ENTRO asserted that in the absence of watershed management interventions, soil erosion, environmental degradation and deforestation will continue at accelerated rates, reducing agricultural productivity and increasing the numbers of households falling at and below the poverty line (ENTRO 2008b). The JMP and other ENTRO projects should however consider a number of things related to the identification of bundle of benefits (water and non-water related ‘basket of benefits’) and the realization of the ‘equitable sharing of benefits’ to the Eastern Nile countries. In the context of benefit sharing, the power benefits in Ethiopia should be weighed against the bundle of downstream benefits in terms of flood control, availability of more water downstream that could be used for irrigation due to regulated release as well as watershed management in Ethiopia. Thus, for example, the downstream co-basin states should generate benefits for Ethiopia, if the latter releases flows which could otherwise be utilized upstream (at least theoretically). Under the joint development program, i.e. JMP, there must be (a) a benefit sharing treaty of the EN countries that should entitle the three riparian states to a lump sum payment for various downstream and upstream benefits, (b) a sound financial framework for transboundary water resources development which includes, among others, methods for equitable sharing of the costs, the benefits and the risks and (c) building financial mechanisms for joint ownership of assets. It should also be borne in mind that the perception of benefits (and their usefulness) will alter over time, and any international agreement based on benefit-sharing scenarios will need to take account of this. The challenge appears not only in the identification of benefits but also to put them in a realistic framework as funded and agreed upon by EN governments on 4 Studies have been conducted on four possible dams on Abbay (Blue Nile). These include Border (1780 MW installed capacity), Mandaya (1700 MW), Karadobi (1600 MW) and Mabil (1400 MW). No decision has yet been made on the specific dam site that will be selected for the JMP activities. multilateral basis. Once this is done, the next important step would be to treatise benefit sharing. Efforts should hence be made to come up with the Eastern Nile Basin Benefit sharing Treaty rather than restricting ourselves to the Eastern Nile Basin Waters Agreement. According to the NBI website, ‘the JMP Launch Phase has produced a series of what might be termed 'socio-political' achievements in Eastern Nile development cooperation and collective commitment to common goals. From the initial impetus of the enlightened Nile Basin Initiative, the Water Ministers of the Eastern Nile countries have demonstrated with their instruction to launch Composition of JMPl, with a clear belief in the virtues of working together to achieve something that could not be realized by working alone. There are many indications that this start is having a growing and cumulative effect’ (NBI 2001a). The NBI is now looking at joint investments in irrigation, hydro-power generation and trade, river basin and watershed management and flood mitigation, bringing tangible benefits to the people of the basin. ‘Despite the inherent difficulties of multi-country cooperation, serious efforts are being made to identify optimal solutions – with regional assessments ‘removing borders’ to identify best options, to identify benefit sharing mechanisms, and to ensure good social and environmental practice.’ (Sneddon 2008). The way things are moving now the initiative might offer hope for improved Transboundary River Basin cooperation in the Eastern part of the Nile River. In August 2007 a Regional Parliament Review further called for increasing further cooperation by calling for the ‘acceleration of cooperation and a scaling-up of coordination and joint action’ (NBI 2001b). 5. Policy Implications Zero Sum outcomes are likely to occur when riparian countries act in a unilateral manner. It is hence incumbent upon co-basin countries to go beyond that and apply a positive sum outcome if they opt to share the benefits coming out of water. The first step in this direction would be to establish transboundary river basin institutions which will offer a platform for such an engagement. However, the virtue of just establishing such an institutional architecture may not guarantee the success of cooperative action. Benefits, costs and information have to be continuously shared amongst the different stakeholders in order to build trust and confidence. The latter is not an event but rather a process which should be continuous and built on an iterative way. Once a few practical steps have been achieved, such as the JMP for instance, it is then possible to take bigger steps. Whilst benefit sharing as it appears is a noble conceptual framework, the question may always arise on its operationalization. Somehow mechanisms should be sought by which the established transboundary institutions re-configure existing hegemonies, such as in the case the Eastern Nile River basin where there are clear power asymmetries (Waterbury 1998; Nicol 2003; Zeitoun 2006). Looked at another perspective, the fact that there are power asymmetries should not be hindrance towards a transboundary river dialogue. On the other hand, the fluidity of the concept of Benefit Sharing framework could be useful where one or another riparian will then have to develop a common understanding of what the benefits are. This is an attempt that the Stockholm International Water Institute (SIWI 2008) has begun but there is still a long way to go. What makes this process more complex is that it’s not just a case of valuation of benefits and costs – but the different political entities could value the same resource differently. This can be further illustrated with the differential understanding of the term ‘equity’ within the Eastern Nile Sub Basin. For instance, Ethiopia insists that this should be viewed in terms of changes in the status quo with regards to the utilization of water in the Nile, while Egypt prefers that equity should be weighed in terms of not upsetting the current physical water allocation. Such discussions on what constitutes ‘benefits’ and ‘costs’ are no longer the preserve for the riparian countries only. Other non-riparian states, funding agencies and non-state actors are also adding more complexity to the already complex negotiations (Sneddon 2008). The ‘developmental’ role of the state also affects the complexity of transboundary river politics (Fox 1998; Sneddon 2008). 6. Conclusions Benefit Sharing offers a better opportunity to move away from a stalemate in contested transboundary River Basins such as the Eastern Nile. Whilst the framework is appreciated by most riparian countries, it is only when you reach at the stage of the operationalisation of the ‘costs’ and ‘benefits’ to be shared that several questions begin to emerge. The quantification of benefits which is based on ‘contested’ figures and assumptions is further compounds the problem One of the major advantages of the Benefit Sharing Framework is that it brings riparian countries together to open up dialogue and discussions amongst themselves. Once such an engagement begins, it gains a momentum of its own and this might result in some compromise and agreements in the long term. Power asymmetries are bound to be a factor in any hegemonic or neo-hegemonic arrangements. The transboundary river basin institutions might even provide fora for a common understanding and shared knowledge. More recently, Egypt’s new Minister of water Resources offered to train Ethiopian Water Resource Specialists. Joint Management Projects are a good start with the Eastern Nile since they focus attention on cooperation. Such cooperation is then more likely going to evolve into increased Nile River Basin cooperation once all riparian countries realize that there are more benefits to be reaped from cooperation than when fighting against each other within the basin. The JMP might offer an opportunity for confidence building and data sharing. Within the eastern Nile River Basin for instance the evidence of the impact of upstream and downstream linkages are evident. In Sudan dams such as the Rosaries are losing their water holding capacity due to sediment accumulation, much of which comes from Ethiopia. Such evidence offers opportunities for transboundary cooperation since what happens upstream has impacts downstream. This then calls for dialogue across the borders. How this is done, remains a watery mirage. 7. References Agrawal, A., and Ribot, J. (2000). Accountability in Decentralization: A Framework with South Asian and West African Cases. 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