the Right to Development In Transboundary Water Context: the Case of Gerd
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Date
2023-05
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Addis Ababa University
Abstract
The GERD is Africa's largest hydroelectric developmental project, which has been under
construction for the past decade in Ethiopia. With the potential to generate over 6000 megawatts
of power, this dam has the potential to significantly improve the quality of life in Ethiopia and
other countries in the region. It also presents a significant opportunity for regional cooperation
and development in the Nile basin. However, this project has been fraught with tension between
Ethiopia and its neighbors as it affects their access to water resources. Another important reason
is the distribution of the Nile water share under the colonial legal regime governing the Nile
watercourse, which has ignited tension.
Although there are a lot of contributions on the Nile River and GERD in the literature,
there are few from the human rights perspective. Hence focusing on the RtD of the upper
riparian countries, this paper considers the human rights ramifications of the legal agreements
regarding restricting upper-stream countries from utilizing the Nile water as a critical
component for the Nile basin development. The paper uses qualitative analysis to highlight the
importance of presenting the human rights discourse when evaluating such projects. It also aims
to contribute to the African jurisprudence of the RtD to empower people's rights and the quest
for development using their natural resources. The finding demonstrates that the Nile River's
utilization is directly related to and critical to the RtD. Further, it indicates that the colonial
legal regime remains a key obstacle for the Nile basin countries to access the Nile water for
protecting, promoting, and realizing the RtD.
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Keywords
Watercourse, Human Rights, Right to Development, GERD