The Concept of Benefit Sharing in the Context of the Eastern Nile Basin
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Date
2009-03
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Addis Ababa University
Abstract
The sharing ,!f the multiple benefits that the common water resource can ,!ffer to basin states is a
relatively new paradigm. Its theoretical flavor lies on its advocacy of a positive - sum - oU/come
where all parties beneftt from the integrated and enhanced ma.nagement of shared watercourses.
This new approach '!f trans-boundcuy water manaliement is underlioinli a test in the Nile Basin
in gen.eral and in the Eastern Nile sub-basin in. particular through the transitional cooperative
framework (NBf). This initiative aspired 10 forge a permanel1l Cooperative Framework
Alireement (CFA) that would emhody lioverninli principles of water manaliemel1l to ease,
moderate and balance the age old negative-sum predicament that has characterized the Nile
Basin.
Conceptualizing the hllndle of heneftts as it may be revealed in the economic, environmental,
social and political spheres and spOiling which bene/it lies where according 10 a comparative
advantage analysis is not so much a problem as crafting a workable formulae to equitably and
fairly share henefits among riparians-ensuring a distributive justice.
The clwllenRe of realizinli the conceived opportunities to the benefit of all is attributed to a
number of complex and diverse political, legal, historical and national interest issues that
underlie the equation.
In the Nile basin, basin states agreed under the auspices of the transitional cooperative
arrangements to equitably and reasonably utilize the Nile waters pending the birth of a
Permanent Cooperative Framework Agreement (CFA). Such an agreement debated and
negotiated for about a decade, is not yet delivered. This state of the fact has caused a shadow of
doubt and despair as to whether cooperation in the Nile Basin is an illusion or achievable
reality. This statement may be criticized as being premature and may even be taken as
pessimist's point of view. However, given the outstanding nature of the hone of contention that
arrested the negotiation mOl11entum (the issue of ensuring water security to current uses andrights) unless a breakthrough is witnessed that would unlock the impasse headway appears to be
very dillicult.
A failure to have a compromise stance on the equitable and reasonable use of the Nile Waters is
a visible threat to the whole effort of enhancing the welfare of the people of Ihe basin and to the
ecological integrity of the basin as well. Equitable and reasonable utilization of the common
water resource, ill whatever form (volumetric allocation and/or benefit sharing) may be
envisaged, cannot sustainably operale wilhoul a permanent but flexible insliullionalized
Cooperative Framework Agreement. Viewedfronl"this perspective, the abundant and diversified
benefits Ihat the Nile at the basin and sub-basin level would provide cannot sustainably and
equitably be exploited withoUi sllch (/11 agreement as a prerequisite. This hard and costly choice
provides a sobering moment.for the basin stat es.
Against all these backdrop this study tries to invesligate, in the Eastern Nile con text, what types
of benefits can be reaped, how can these benefits be fairly and equitably be distribwed, how is
benefil sharing approached by sOllie olher international river basins and what are the key
challenges that impede translating the vision into action. The study Jimher argues that bene/it
sharing mechanism can deliver Ihe highesl possible ulility along with simultaneous/parallel
operation of an allocation regime whereby basin srates should establish a properly right over
their legitimate share of Ihe water according to negoliated and widely accepleci internaliona/
waler law crileria.
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Keywords
Concept of Benefit Sharing