occasional paper - undp

International Peace Support Training CentreNairobi, Kenya

ROLE OF SUB- REGIONAL ORGANIZATIONS IN PREVENTING WATER-RELATED CONFLICTS

IN THE EASTERN AFRICAN REGION

C. A. Mumma- Martinon ( PhD)

International Peace Support Training CentreP.O. Box 24232-00505, Karen Kenya

Tel No: 00254 (0) 20 883164/58Fax: 00254 (0) 83159 Email: [email protected]

www.ipstc.org

Publication Supported By The Government of Japan Through UNDP

Series 1 No. 7

Occasional Paper

Series 1

IPSTCThe International Peace Support Training Centre (IPSTC) is training and research institution whose focus is capacity building, at strategic, operational and tactical levels for peace opera-tions within the context of the African Peace and Security Architecture (APSA). The Centre endeavours to address the complexities of contemporary United Nations/African Union integrated peace support operations by exposing actors to the multidimensional nature of these operations. The training and research undertaken cuts across the broad spectrum of conflict prevention, management and post-conflict recovery. The Centre is a key training institution for the Eastern Africa Standby Force (EASF) of the African Standby force (ASF) through the necessary co-operation with partners from all over the world including, Japan, the United Kingdom, Germany, Canada, and the United States of America.

The PaperThis paper in its first section examines the importance of international water-resources and debates for water wars and against water wars, showing the significance of cooperation in managing shared water resources. It then gives specific causes and impacts of the water-related conflict within the Lake Victoria Region such as: the Migingo island; cross- border conflicts among fishermen; the water hyacinth and hydropower problems and others includ-ing: the Rivers Tana, Mara, Omo and the Nile as well as, the question of piracy and maritime security. The next section gives the roles of IGAD, EAC and ICGLR in preventing water- related conflicts in the EAR, frameworks and strategic actions, their successes and challenges. Finally, it gives policy recommendations and conclusions. Key to this paper is the argument that prevention of water- related conflicts in this region should produce results. Therefore, the subregional organizations have to be proactively engaged in preventing such conflicts.There is much that these organizations can learn from each other’s experiences in - helping to prevent water-related conflicts. It is this exchange of experiences – of successes and failures – that will help determine whether or not prevention of water related conflicts in the region will be effective, in the years to come.

The AuthorDr. C. A. Mumma Martinon is the Conflict Prevention Analyst and Head of Applied Research at International Peace Support Training Centre (IPSTC). She Holds a PhD degree in Interna-tional Conflict Management from the University of Leipzig Germany. Prior to her current employment, Dr. Mumma was a lecturer at the Institute of Peace Studies and International Relations – Hekima College. She also lectured at the Institute of Diplomacy and Interna-tional Studies – University of Nairobi University and at the National Defense College and the Defense Staff College, Karen, Nairobi. Mumma undertakes research on subjects relating to Hydro-politics in Africa, with specific refence to the Victoria and Nile Basins. At IPSTC, she is the conflict analyst in issues relating to conflict prevention and a Subject Matter Expert (SME) in Preventive Diplomacy, Conflict Analysis, Dialogue, Negotiation, and Mediation.

Preventing Water-Related Conflicts i

Role Of Sub Regional Organizations In Preventing Water-Related Conflicts In The Eastern African Region

C.A.Mumma- Martinon (PhD) – Conflict Prevention Analyst

Preventing Water-Related Conflictsii

No part of this publication may be produced, stored in a retrieval system, or transmitted in any form, by any means –mechanical, via photocopying, recording or otherwise –without prior permission of the International Peace Support Training Centre. Statements and views expressed herein are those of the author and are not necessarily those of IPSTC, Nairobi, Kenya.

ISBN:

© 2010 All Rights Reserved

Published 2010 by the IPSTC

Westwood Park,

P.O.BOX 24232-00502, Karen, Kenya

Tel No; 00254(0) 20 883164/58

Fax: 00254(0) 883159

E-mail: [email protected]

Website: www.ipstc.org

Editorial Advisory Board:

Brigadier Robert Kibochi, Director IPSTC

Judy Wakahiu, Project Manager, UNDP

C.A. Mumma-Martinon, (PhD)Conflict Prevention Analyst

Leah Kimathi, Post-Conflict Recovery Analyst

Francis Onditi, Post-Conflict Recovery Researcher

Julius Kiprono, Conflict Prevention Researcher

Editor:

Enid de Silva Burke

Printers:

PANN PRINTERS

Preventing Water-Related Conflicts iii

Table of Contents

Acknowledgment ....................................................................................................... iv

Abbreviations ...............................................................................................................v

Foreword ...................................................................................................................viii

Abstract ........................................................................................................................1

The Conceptual Framework ....................................................................................2

Introduction .................................................................................................................2

The Importance of International water courses ...................................................3

Key Findings ..............................................................................................................12

The role of subregional organisations in the prevention of water- related conflicts

in ear ...........................................................................................................................29

Recommendations for the Subregional Organisations .......................................39

Conclusion .................................................................................................................41

References ..................................................................................................................42

Preventing Water-Related Conflictsiv

Acknowledgement

I would like to thank sincerely all those who, in one way or the other made this work possible, including the IPSTC Director, Staff, the Peace and Security Research Department (PSRD) and all those people who made time to be interviewed on the various aspects of this research. Special thanks go to UNDP and Japan for their continued support.

Preventing Water-Related Conflicts v

ABBREVIATONS

ADB African Development Bank

ADR Alternative Dispute Resolution

AU African Union

CASSOA Civil Aviation Safety and Security Oversight Agency

CMCE Committee of Ministers of the Council of Europe

COE Council of Europe

DRC Democratic Republic Of Congo

EA East Africa

EAC East African Community

EACJ East African Court of Justice

EADB East African Development Bank

EALA East African Legislative Assembly

EAR East African Region

EEPCO Ethiopian Electric Power Corporation

EWC European Water Charter

FRBC French River Basin Commissions

HEP Hydroelectric Production

ICGLR International Conference on the Great Lakes Region

ICCPC IGAD Climate Change Prediction Centre

IDPs Internally Displaced Persons

IGAD Intergovernmental Authority on Development

IGADD Inter Governmental Authority on Drought and Development

IUCEA Inter-University Council for East Africa

IUCN International Union for Conservation of Nature

IUU Illegal Unregulated and Unreported

Preventing Water-Related Conflictsvi

KNWMP Kenya National Water Master Plan

KRB Kagera River Basin

KRBPLIF Kagera River Basin Policy, Legal and Institutional Framework

LICF Legal and Institutional Cooperative Framework

LIF Legal and Institutional Framework

LVB Lake Victoria Basin

LVBC Lake Victoria Basin Commission

LVBDV Lake Victoria Basin Development Vision

LVEMP Lake Victoria Environmental Management Project

LVFO Lake Victoria Fisheries Organization

LVWATSAN Lake Victoria Water and Sanitation

MDGs Millennium Development Goals

ME Middle East

MENA Middle East and North Africa

MERECP Mount Elgon Regional Ecosystem Conservation Programme

MoU Memorandum of Understanding

MRB Mara River Basin

MRBP Mara River Basin Policy

NA North Africa

NGOs Non – Governmental Organisations

NMR Naro Moru River

NNT New Nile Treaty

NRBCFA Nile River Basin Cooperative Framework Agreement

NRM Natural Resource Management

NVCG National Volunteer Coast Guard

OSIENALA Osiepe Nam Lolwe Gi Aluora Ne (Friends of the Lake)

SADC Southern Africa Development Co-operation

Preventing Water-Related Conflicts vii

SDHE Stockholm Declaration on Human Environment

SMMRP Sio Malaba Malakisi Rivers Policy

TANESCO Tanzania Electric Supply Company

TC Technical Committee

TECCONILE Technical Co-operation Committee for the Promotion of the Development and Environmental Protection of the Nile Basin

UEB Uganda Electricity Board

UN United Nations

UNCED United Nations Conference on Environment and Development

UNEP United Nations Environmental Programme

UNFAO UN Food and Agricultural Organization

UNGA United Nations General Assembly

UNSC United Nations Security Council

UNWC United Nations Water Conference

WATSAN Water and Sanitation

WB World Bank

WLD Water and Livestock Development

Preventing Water-Related Conflictsviii

Foreward

It has often been stated that the next World War shall be fought over water. Others have even gone further to opine that it will not just be over water but ‘Fresh Water’. This damning prediction has not escaped ‘internationalists’. We have in the recent past seen a number of conferences address this contention. Invariably the angle taken has been a ‘globalist’ one that emphasizes environmental aspects like pollution and the effect on related eco-systems.

The World Summit on sustainable Development held in Santon City Johannesburg, South Africa in 2002 was perhaps the first to look at a holistic approach to not only water but specialist dimensions like; ‘access to’ and ‘clean drinking’ water. But the road to this destination of access and drinking can be long and full of pot-holes.

Dr. Connie A. Mumma-Martinon, in the paper, ‘Prevention and Management of Water Related Conflicts in the Eastern African Region’, has braved to travel on this hazardous road towards this destination. Rightly so because to arrive at this destination we have to resolve a number of obstacles along the way. But we cannot even start to attempt resolving what we superficially witness in conflicts without unraveling the inbuilt intrinsic dynamics. It is at this point that we join Connie on this road.

In a well researched and both statistically and factually argued, Connie presents a compelling case for us to re examine water related conflicts in the Eastern African Region (EAR). To best achieve this, three thematic areas are addressed. The first one is a philosophical approach. To contextualize the debate, Connie starts with redefining the Eastern African Region. This is significant because a cursory reader can readily confuse it for the East African Community (EAC). The EAR encompasses not only the Five EAC member countries but also the Horn of Africa. The trans-boundary nature of the water courses in this region can therefore be discussed without fear of contradiction.

The second presents a broad understanding of the variables of the actual and potential flash points. These are flagged out as an early warning mechanism. This is critical in mapping out both proactive and pre-emptive strategies in conflict prevention, management and resolution.

Preventing Water-Related Conflicts ix

An incisive discussion of the role of Regional Organisations in this process chronologically follows in the third section. Of particular interest here are, The EAC, The Inter-Governmental Authority on Development (IGAD) and The International Conference on the Great Lakes Region (ICGLR).

Policy makers are as good as the information availed to them. In this paper, not only is the information availed but the writer has gone an extra mile to identify gaps. She however did not stop there. She has offered some very practical suggestions. These should give practitioners a head start in re-looking at water related conflicts in this Eastern Africa Region.

It would however be naïve to assume that this paper is exhaustive. By virtue of its nature and limitations, it is an important contribution to the on going debate on how best to combat not only the effect but more importantly the root causes of Water related conflicts in what can best be described as the Greater Eastern African Region.

It is cautionary however, not to leave this task to the said Regional Organisations alone. The Great Lakes and the Horn of Africa impacts more than the member States. The piracy phenomenon is just the latest to underscore the interdependent nature of the International Community in combating such regional conflicts as their threats have far reaching global ramifications. This paper has thus, adequately advanced a case for not only regional but also international cooperation combating water related conflicts in this region.

Amb. David Kikaya

Preventing Water-Related Conflicts 1

Abstract

The Eastern African Region (EAR) represents one of the marginal regions of the world in terms of rainfall available for natural vegetation growth and crop production. It has a population of 140 million people in an area of 5 million km2. or 16.5% of Africa encompassing the Eastern African highlands, the source of the Nile, the two branches of the Great Rift Valley and the Eastern limits described by the Red Sea and the Indian Ocean. Its northern limits include semi- arid and arid lands extending into the Sahara desert. While it is one of the poorest regions on earth, not least because of an absence of minerals, oil and iron, both human and natural forces have conspired to further impoverish it. The most obvious manifestation has been periodic droughts and desertification that have consigned millions to perpetual poverty and deaths. The bulk of the populations derive their livelihoods from water and land- based primary production activities such as nomadic pastoralism and subsistence agriculture in a region where rainfall variability is high and soils are poor. Dependable water availability is therefore vital to the development of the region.

While it is a fact that water occupies a pivotal position in development in the region, none of the member countries has adequate information to manage their water resources for the attainment of economic efficiency and equity in water allocation for different uses. Yet, four of the EAR countries namely Eritrea, Kenya, Djibouti and Somalia are in the category of those experiencing water scarcity i.e. with less than 1000 m3 per person per year or less. Indeed, by the year 2025 even Ethiopia and Uganda, which are presently with adequate water will be water stressed (500-2000 m3/person/year) while Djibouti, Eritrea, Kenya, Somalia and Sudan will be in a water-barren situation with «500 m3 per person per year» and therefore water will be limiting any sustainable development. None of the EAR member states has at the present time water per capita necessary for industrial development (2400 m3/day). This lack of water will severely constrain food production, ecosystem maintenance and economic development, among other needs and uses.

Preventing Water-Related Conflicts2

1. THE CONCEPTUAL FRAMEWORK

1.1 Introduction

The issue of conflict in international shared water resources, which is highly political in its nature, is currently the subject of a considerable international debate. Environmental security literature has identified rivers and fresh water scarcity as being capable of invoking social tension to cause international conflicts. The Eastern Africa Region is currently facing running conflicts, many of which have been attributed to scarcity of natural resources. A case in point is the Nile conflict. The Nile region for example, comprises ten countries: Kenya, Uganda, Tanzania, Rwanda, Burundi, DRC, Sudan, Ethiopia, Eritrea and Egypt. Many countries of the Nile are situated within the Eastern African Region. There have been many tensions arising due to the utilization of the Nile. This has led to five out of the ten countries signing the New Nile treaty, despite protests from Egypt and Sudan. Such a move can have very serious implications for peace and security in this region, especially if countries like DRC, Rwanda and Sudan also sign the treaty. Not only can fresh water be a trigger to conflict, but also it can be a reason for co-operation, as parties in the water-scarce region join to manage the shared water resource.

Four-fifths of the subregion consists of dry lowlands comprising arid, semi-arid and dry sub-humid areas. About 12 million people live in these areas as nomadic and semi-nomadic pastoralists. The EAR arid and semi-arid lands are distinct and unique in that they are the home of the world’s camels as well as an area where the diversity of wildlife roam the vast dry lands, oblivious of the artificial political borders that divide them. The availability of water in this region is highly variable because of pronounced differences in distribution of rainfall, evapo-transpiration and hydrogeology. Some areas of the region such as Northern Sudan, Ogaden in Ethiopia and Northern Kenya have a limited supply of water while other areas particularly the humid tropical zone in Central Uganda and the Ethiopian Highlands have abundant water. Even within individual countries, the availability of water varies considerably due to the influence of physical characteristics and seasonal patterns of precipitation.It is against this background that this paper deals with different issues related to water conflicts in its four sections:

Section One gives the conceptual framework. In starts with the introduction. It then examines the importance of international water resources. It further discusses the debates for and against water wars and shows why cooperation is important in


managing shared water resources

Section Two gives the causes and impacts of the water-related conflicts in the Eastern

African Region. Specific examples are given from the Lake Victoria region including:

the conflict over Migingo island; cross- border conflicts among fishermen; the water hyacinth and hydropower problems. Examples have also been given from the region including: the Rivers Tana, Mara, Omo and the Nile as well as the question of piracy and maritime security.

Section Three examines the roles IGAD, EAC and ICGLR play in preventing and managing water- related conflicts in the EAR. It examines the frameworks and strategic actions within these subregional organizations, their successes and challenges.

Section Four gives the recommendations and conclusions.

Key to this paper is the argument that prevention of water- related conflicts in this region should produce results. Therefore, the subregional organizations have to be proactively engaged in preventing such conflicts.

There is much that these organizations can learn from each other’s experiences in helping to prevent water-related conflicts. It is this exchange of experiences – of successes and failures – that will help determine whether or not prevention of water-related conflicts in the region will be effective in the years to come.

1.2 The Importance of International Watercourses

The importance of watercourses to human life and development cannot be overemphasised. Throughout human development, watercourses have played a major role as the medium of communication, trade, agriculture, fishing, recreation, tourism, culture, and location of human settlements (Margraw, 1992, p. 134). The importance of water courses has become even more significant in light of the ever-increasing human population. As the human population increases, a corresponding need arises for fresh water for domestic consumption and for agricultural and industrial uses.


Most of the world’s largest rivers cross national/regional borders and, with the formation of the confederation of independent states, the number is growing. Nearly 40 percent of the world’s population is dependent on these ‘shared’ rivers, with 43 in the Americas, 20 in Europe, 27 in Africa and 50 in Asia. Forty-seven percent of the world (excluding Antarctica) falls within shared rivers and lake basins, from a high of nearly 60 percent of the areas in Africa and South America to a low of about 40 percent in North and Central America. For instance, the Amazon Basin is shared by seven nations, the Danube by more than eight, both the Niger and the Nile by more than seven each, the Rhine by seven, the Zaire by nine and the Zambezi by six nations. India and Bangladesh haggle over the Ganges-Brahmaputra while Mexico and the USA do the same over Rio Grande; Egypt, Ethiopia and the Sudan have disputes over the Nile; Iraq, Syria and Turkey over Euphrates and Tigris. It is, however, the Middle East and the Nile basins where “water disputes are shaping political landscapes and economic futures most definitely.” Tafesse, 2000). This is because, as Tafesse asserts, water does not respect territorial boundaries, and the consequences of its use or removal by upstream countries are immediately felt downstream. Moreover, Tafesse is of the view that unless a shared watercourse like the Nile is viewed and treated as an interdependent unit, human undertakings in any part of its system, more particularly in the source country, could adversely affect lower riparian states.

Because of population increase and a growing demand for water for agriculture, industry and urbanisation, many countries fall into the category of ‘water scarce’1 nations. Observers predict that by the year 2025, 48 countries in the world will be severely short of water and that many people will not have access to clean water supplies. For instance, they claim that in Africa alone 300 million people, a third of the continent’s population, have already started living in water scarcity situations since the beginning of the millennium. Unless something is done to contain the problem, 12 more African countries will join the 13 already suffering from ‘water stress’ or ‘ water scarcity’ about a quarter of a century from now, i.e. by 2025. Since the amount of available freshwater is not increasing, there is now more than ever before, an urgent need to take effective measures for proper management of fresh water resources, including their protection and preservation from activities that cause their pollution.

1 Scientists define ‘water scarcity’ as the availability of less than 1000 m3 of water per person per year, while “water stress” as the availability of less than 500 m3 of water per person per year (BBC News Online, 15 November, 1999).


1.3 Debates For and Against Water Wars in Shared Water Resources

a) Debates for Water Wars

Post-Cold War literature on freshwater focused mainly on what has been perceived as an imminent crisis of water shortage. It includes authors like Falkenmark (1989), Gleick, (1993) and Homer-Dixon (1995, 1996). Several writers, moreover, have asserted that increased demand for freshwater would most likely lead to conflicts and even wars (Biswas, 1991; Bulloch & Darwish, 1993; de Villiers, 1999; Gleick, 1994; Starr, 1991). Some publications emphasise the potential of conflict over water resources, especially in the Middle East.

“Water and “war” are two topics being assessed together with increasing frequency. The 261 international watersheds, covering a little less than half of the land surfaces of the globe, affects about 40 percent of the world’s population. Water is a vital resource on many levels of human survival for which there is no substitute; it does not respect territorial and political boundaries, fluctuates in both space and time, and has multiple and conflicting demands on its use. The scarcity of water in an arid and semi-arid environment leads to intense political pressures, often referred to as “water stress.” The problems of water management are compounded in the international realm by the fact that the international law that governs it is poorly developed, contradictory and unenforceable. As a consequence, recent articles in the academic circles (Cooley, 1984; Starr, 1991; Remans 1995) and popular press point to water as not only a cause of historic armed conflict, but also as the resource that will bring combatants to the battlefield in the 21st century. To elaborate on this, authors like Westing suggest that, “competition for limited freshwater leads to severe political tensions and even to war (1986)”, Gleick describes water resources as military and political goals, using the river Jordan and the Nile as examples. Remans uses case studies from the Middle East, South Asia, and South America as “well-known examples” of water as a cause of armed conflict, Samson and Charrier write that “a number of conflicts linked to freshwater are already apparent,” and suggest that “growing conflict looms ahead.” Butts suggests that “history is replete with examples of violent conflict over water,” and names four Middle Eastern water sources particularly at risk, and Homer-Dixon in 1995 and 1996, citing the Jordan and other water disputes, comes to the conclusion that “the renewable resource most likely to stimulate interstate resource war is river water.”


Invariably, these writings on “water wars” point to the arid and hostile Middle East as an example of a worst-case scenario, where armies have in fact been mobilised and shots fired over this scarce and precious resource. Elaborate, if misnamed, “hydraulic imperative” theories have been developed for the region, particularly between Arabs and Israelis, citing water as the prime motivator for military strategy and territorial conquest.

Similarly, Bulloch and Darwish (1993), Gleick (1994) and de Villiers, (1999) have emphasised that water scarcity will most likely lead to water wars especially in arid and semi-arid areas such as the Middle East and North Africa. Ohlsson in his study “Environment, Scarcity, and Conflict” argued that the risk of conflicts within countries is more likely. He points out that the risk of international conflict over shared water resources is derived from the necessity to avoid what he defined as second-order conflicts within countries caused not by water scarcity itself, but by the institutional change required to adapt to water scarcity.

In 1979, President Anwar Sadat of Egypt declared that “the only matter that could take Egypt again to war is water” (Tesfaye, 2001). This declaration was directed at Ethiopia. In 1990, the late King Hussein of Jordan repeated a similar warning that water was the only issue that could prompt war between Jordan and Israel. Both Ismail Serageldin, (one- time vice president of the World Bank), and former UN Secretary-General Kofi Annan, predicted in mid 1990s that future wars will be over fresh water resources.

In his recent book entitled “Resource Wars” Michael Klare, an expert on warfare and international security, explores the prospects for global war and peace in the years ahead. He argues that the wars of the future will largely be fought over the possession and control of vital and scarce resources such as oil and water. This contrasts with the argument of Huntington who contends that cultural differences, such as between Muslim and Christian, will become a distinctive feature of post -cold war global security.

b) Debates against Water Wars

Despite the above arguments, the history of water dispute resolution, in contrast to that of conflict, is much more impressive. The UN Food and Agriculture Organisation (FAO) has identified more than 3,600 treaties relating to international water resources dating between 1905 and 1984, the majority of which deal with some aspect of navigation (UN FAO 1978; 1984). Since 1814, approximately 300 treaties have been negotiated which deal with non-navigational issues of water


management, flood control or hydropower projects, or allocations for consumptive or non-consumptive uses in international basins.

The historic reality has been quite different from what the “water wars” literature would have one believe. In modern history, only seven minor skirmishes have been waged over international waters, which further indicate the unlikelihood of wars over water. Out of the 3,600 treaties that have been signed historically over different aspects of international waters, almost 150 in the 21st century deal with prevention of water wars, many showing tremendous elegance and creativity for dealing with this critical resource. This is not to say armed conflict has not taken place over water, only that such disputes generally are between tribe, within the water-use sector or state. Furthermore, a closer look at the very cases most commonly cited as conflicts, reveal on-going dialogue, creative exchanges, and negotiations leading regularly to new treaties.

Aaron T. Wolf argues against the widely held opinion that water scarcity poses one of the major risks for international conflict and puts forward at least four arguments against the plausibility of future “water wars”: historical, strategic, shared interest and institutional resiliency arguments.

The first argument is based on the historical analysis of water resource agreements and conflict, and Wolf concludes that there is no historical evidence that countries have ever gone to war over water resources.

Future “water wars” are not plausible, he argues, simply because such wars are not logical from a strategic point of view. He states that there are “only” 261 international watersheds - and only a handful on which the above scenario is even feasible (the Nile, Plata2, and Mekong come to mind), and many of those either have existing treaties or ongoing negotiations towards a treaty. Finding a site for a “water war” turns out to be as difficult as accepting the rationale for launching one.

The common interest or shared interests are exemplified regularly in treaties, usually outweighing the alternative of going to war over water disputes. A case in point is the 1957 Mekong Agreement, where Thailand helped fund a hydroelectric

2 River Plata comes from Rio de la Plata, a Spanish word meaning “River of Silver.” Also known by the English name River Plate, as in the Battle of the River Plate, or sometimes (La) Plata River, is an estuary formed by the combination of the Uruguay River and Parana River. It is a funnel-shaped indentation on the south eastern coastline of South America, extending 290 km (180 miles) from the river’s confluence to the Atlantic Ocean. It rises on the western slope of Mount Santa (2,963 feet [903 m]), a peak of the Sierra de Cayey. Part of the stream is impounded by Lake Carite; the reservoir’s outlet diverts waters for a series of hydroelectric stations on the Guamaní River in the coastal Guayama area to the south. The La Plata itself flows about 45 miles (70 km) northwest and north, and it is found within the Plata basin among other rivers. (http://www.britannica.com/eb/article-9046656).


project in Laos in exchange for a proportion of the power to be generated. Similar arrangements have been suggested in China on the Mekong, Nepal on the Ganges, and between Syria and Jordan on the Yarmuk. The unique interests in each basin, whether hydrological, political or cultural, stand out in the creativity of many of the treaties.

Finally, Wolf argues that once co-operative water regimes are established through treaty, and water management institutions in place, they tend to be consistently resilient, even in conflict situations. A case in point is the Mekong Committee, which has functioned since 1957, exchanging data throughout the Vietnam War. Wolf thus concludes that interstate wars over water resources are unlikely, because war over water does not seem to be strategically rational, hydrographically effective, or economically viable. He asserts that the water war thesis is popular but unrealistic: no water wars can historically be detected. To refer to the sheer possibility of wars over water or war-like rhetoric in international water conflicts is no empirical evidence.

The question as to why there have been no water wars in Middle East and North Africa (MENA) despite predictions and warnings by both politicians and academicians has been addressed by (Allan, J.A, 1999) The main reason, he explains, is that the Middle East and North African regions have been able to access water in the global system via trade in a form of what he termed “virtual water” or food imports. “Virtual water” is the water embedded in key water-intensive commodities such as wheat. Additionally, Peter Beaumont (1994) contends that there is little empirical evidence supporting a causal relationship between water scarcity and conflict and does not believe that water scarcity in itself will lead to major wars. However, they do not undermine the connection between water resources and political instability, and emphasise the necessity of co-operation in order to cope with water scarcity and avert a water crisis (Gleick, 1998; 2000; 2002; Homer-Dixon, 1999; Turton, 2000; Wolf, 1998).

International experience shows that to prevent some of these potential conflicts across transboundary waters, nations have created river basin organisations and other co-operative structures, which often begin modestly by focusing on a few purposes and then evolve into larger outfits. This can be seen in the French River Basin Commissions, the Danube, the Rhine, the Susquehanna, the Delaware, and others (Delli, 1996, p. 2). These agreements and subsequent organisations provide a framework for negotiations and a structure for nurturing trust. In essence, they provide structured co-operation in preventing and mitigating the effects of natural disasters that have high potential for creating conflict.


1. 4 Significance of Co-operation in Utilisation and Management of International Watercourses

The importance of co-operation in relation to the utilisation and management of international watercourses and other common natural resources has been emphasised repeatedly in declarations and resolutions, adopted by intergovernmental organisations, conferences, and meetings. For example, the Helsinki Rules adopted by the International Law Association have made a major impact on the development of rules of international water resources. Article IV states that “each basin state is entitled within its territory to a reasonable and equitable share in the beneficial uses of the waters of an international drainage basin”.

In addition, the Committee of Ministers of the Council of Europe emphasises the importance of co-operation with regard to international water resources, owing to the physical properties of water in Principle XII of the European Water Charter, adopted in 1967. It declares, “Water knows no frontiers, as a common resource, it demands international co-operation” (Council of Europe, 1967). Declarations and resolutions of this nature confirm the fact that the management of shared water resources like the Nile River calls for a concerted effort of all the concerned states. The states are required to apply the principles of law as they establish joint institutional structures in managing shared water resources. The Stockholm Declaration on Human Environment 1972 addresses the subject by providing in its Principle 24 that, “International matters concerning the protection and improvement of the environment should be handled in a co-operative spirit by all countries, big and small, on an equal footing. Co-operation through multilateral or bilateral arrangements or other appropriate means is essential to effectively control, prevent, reduce and eliminate adverse environmental effects resulting from activities conducted in all spheres, in such a way that due account is taken of sovereignty and interests of all states” (United Nations, 16 June 1972).

The Mar Del Plata Action Plan adopted by the United Nations Water Conference, held at Mar Del Plata in March 1977 on regional co-operation stated that: “Countries sharing water resources, with appropriate assistance from International Agencies and other supporting bodies, on the request of the countries concerned should review existing and available techniques for managing shared water resources and coordinated development of such resources. Areas of co-operation may, with the agreement of the parties concerned include: planning, development, regulation, management, environmental protection, use and conservation, forecasting etc. Such cooperation should be a basic element in an effort to overcome major constraints


such as the lack of capital and trained manpower as well as the exigencies of natural resources development.”

The United Nations Environmental Programme 1978 further provided that: “In order to ensure effective international co-operation in the field of environment, concerning the conservation and harmonious utilisation of natural resources sharing such natural resources should endeavour to conclude bilateral or multilateral agreements between or among themselves in order to secure specific regulation of their conduct in this respect, applying as necessary the present principles in a legally binding manner, or should endeavour to enter into other arrangements, as appropriate for this purpose. In entering such agreements, or arrangements, states should consider the establishment of institutional structures, such as joint international commissions, for consultations on environmental problems relating to the protection and use of shared natural resources.”

As far as transboundary natural resources and environmental interferences are concerned, Article 9 of United Nations Convention on the Law of Non-Navigational Uses of International Watercourses (1997), on the reasonable and equitable use of transboundary natural resources embodies the so called principle of equitable utilisation (or apportionment) of transboundary natural resources which stipulates that states are entitled to a reasonable and equitable share in the beneficial use of a transboundary natural resource. The essence of the principle of equitable utilisation is that, instead of laying down a norm with a more or less specific content, it prescribes a certain technique aimed at reaching an equitable result in each concrete case.

In 1987 the conclusions of the Brundtland Report stressed the need for an integrated approach in development policies and projects which, if environmentally sound, will lead to economic development in both developed and developing countries. The Report emphasised the need to give a higher priority to anticipating and preventing problems. It defines “sustainable development” as that which meets the present and future environmental and developmental objectives. It concluded that without an equitable sharing of the costs and benefits of environmental protection within and between countries, neither social justice nor sustainable development could be achieved. The issues of sustainable development, using an integrated approach, were taken up again in the context of the United Nations Conference on Environment and Development (UNCED I) in 1987 and UNCED II in 1992. In the process of elaborating appropriate legal instruments for international responses to these issues, the government representatives taking part in the negotiation of such instruments have been reminded by UNCED that: “They should ensure an integrated approach to environment and development questions. They should also


take into account appropriate measures at all levels to stem the degradation of the environment, protect human conditions and improve the quality of life” (ibid.).

Article 3 of United Nations General Assembly Resolution 3129 provides that: “In the exploitation of natural resources shared by two or more countries, each must co-operate on the basis of a system of information and prior consultation in order to achieve optimum use of such resources without causing damage to the legitimate interest of others.”

Finally, in 1997, the United Nations Convention on the Law of Non-Navigational Uses of International Watercourses emphasised in its Articles V and VII equitable, reasonable utilisation and participation.


KEY FINDINGS

2. CAUSES AND IMPACTS OF THE WATER-RELATED CON FLICTS IN THE EASTERN AFRICAN REGION

2.1 Background

Homer-Dixon has argued that scarcity of resources can arise from different conditions: Increased demand due to population growth, decreased supply due to environmental degradation and widespread inaccessibility due to socially inequitable formula of distribution. The resource can be transboundary or internally shared and the actors may be local or regional. Many of the conflicts in the Eastern African region are resource-based conflicts caused by inequity in resource management, pastoral conflicts as in the Karamoja cluster, pastoral conflicts in the Ethiopia-Somalia border (between the Isaq and Ogaden), also pastoral conflicts over water and pasture, threat of conflicts over the Nile River, conflict over common public regional goods (Migingo) and a high rate of influx of refugees3, among others.

2.2 Nature of Water- Related Conflicts

Eastern Africa has experienced increased pressure on available water resources. In recent decades, the degradation of aquatic resource base has intensified the struggle for water. This is because of increased human activities including: deforestation, soil erosion, domestic and industrial pollution, among others. These are some of the factors that have contributed to the decline of water catchment capacity and led to more severe flooding and drought conditions. Coupled with the phenomenon of global warming, the unavailability of water in the Eastern African region is growing at an alarming rate. The dwindling water resource in the region, the growing population, the increased demand and uses of renewable water resources are intensifying competition, conflicts, inequalities and under-development.

A wide range of water conflicts appear throughout history, though rarely are traditional wars waged over water alone. Instead, water has historically been a source

3 Civil wars in Ethiopia, Somalia and Sudan has created a large number of refugess and internally displaced persons. This sudden movement of large populations of people exerts pressure on the host communities and countries and produce demand driven conflicts over local resources.


of tension and only one of several factors when conflicts break out. However, water conflicts arise for several reasons, including territorial disputes, a fight for resources and strategic advantage.

Despite the fact that conflicts between international boundaries can occur over salt water , most of them occur over freshwater. This is because freshwater resources are vital for everyone, yet very limited. They are the centre of water disputes arising out of the need for potable water, yet unevenly distributed. Thus, its availability often affects the living and economic conditions of a country or a region.

Water conflicts occur because the demand for water resources and potable water extend far beyond the amount of fresh water actually available. Elements of a water crisis may put pressure on affected parties to obtain more of a shared water resource, causing diplomatic tensions or outright conflict. The potential for water conflicts in the EAR region is correspondingly high because water is not only life, but essential for proper sanitation, commercial services, and the production of commercial goods. This makes it easier for numerous parties to be implicated in a water dispute. For example, corporate entities may pollute water resources shared by a community, or governments may argue over who gets access to a river used as an international or inter-state boundary. There are many types of conflicts in the Region including:

Tribal clashes•

In the EAR, most of the tribal water conflicts occur in the arid and semi-arid districts, which are inhabited by nomadic pastoralists (Nyaoro, 2010). For example, communities living in northern Kenya, southern Ethiopia and along the borders of Kenya/Uganda, Kenya/Somalia and Ethiopia/Kenya have experienced frequent tribal conflicts over access to shrinking water resources and pasture. In these regions, a small decrease in rainfall may result in loss of livestock if water plants and other sources run out. With livelihoods at risk, pastoralists are always prepared to fight anyone else in order to get access to water for their livestock.

Upstream/downstream users (inter-basin conflicts)•

Disputes and bloody conflicts between user groups are regularly reported along major river basins. For example, loss of the icecap on Mt. Kenya, which is the source of Naro Moru River, has transformed the one-time perennial river into a seasonal river. Due to increased farming activities upstream, the downstream


population (normally pastoralists) rarely receives adequate water for livestock. Desperate nomadic herdsmen have raided water points upstream, blocking intakes for farm irrigation systems. This has caused bloody conflicts between the livestock keepers and farmers (Mutia, Silas, 2010). In addition, the utilization of water from the Tana River has been the centre of the conflict between two communities who each claim ownership of the land along the river.

Domestic conflicts•

The dwindling water resources present another form of conflict at the household level. Gender and vulnerability assessments of Lake Victoria revealed that due to the amount of time that women take at the water sources, conflicts emerge between husbands and wives. Women walk up to 10 km one way, daily, in search of water for domestic use. The water in rural areas is mainly obtained from shallow wells dug on dry riverbeds and most water sources are often unprotected and open to contamination (Gladyse Wekesa, 2010).

Human- wildlife conflicts•

The diminishing water resources have also led to human-wildlife conflicts, where wildlife invades the sources that are used by humans, resulting in deadly fights between the two. For example, a clash over water between thirsty monkeys and residents of villages in Kenya turned deadly when it left 8 apes dead and 8 people hospitalized; also in the Kilimanjaro area of Tanzania a clash arose between thirsty elephants and the villagers, ending in several elephants being killed.

Trans-boundary water conflicts•

As competition intensifies, conflicts emerge between nations that share trans-boundary freshwater reserves. The region is marred with very serious water disputes and bloody/deadly conflicts including: Lake Victoria conflict (Migingo) between Kenya and Uganda, Mara River Basin conflict between Kenya and Tanzania, the Omo River between Kenya and Ethiopia, the conflicts over the water sources of the Nile River, among others.


2.3 Specific Cases and Examples of Water-Related Conflicts

a) The Lake Victoria Region

Introduction•

The main highlights of this section will focus on Lake Victoria, the second largest lake in the world, followed by examinations of the challenges facing the Lake. The next section will dwell on the water-related conflicts and the different manifestations of water within individual EAR countries and how these have impacted negatively on peace and security in this region.

Lake Victoria, the large water mass located at the heart of East Africa, is considered one of the most important shared natural resources of the East African Community countries. The Lake bestrides Kenya, Uganda and Tanzania as a symbol of their natural and lasting unity.

Beyond the symbolic significance, the Lake is a resource of great socio-economic potential. Covering an area of 69,000 sq. km, it is the second largest fresh water body in the world after Lake Superior. It is also the source of the Nile. The Lake Victoria catchment area covers 193,000 sq. km in Uganda, Kenya and Tanzania as well as parts of Rwanda and Burundi.

Lake Victoria is shared by Kenya (6%), Uganda (43%) and Tanzania (51%), covering a total surface area of 68,800 sq km (PressWire; 2004). (Refer to map of East African countries: Fig I). The Lake is a source of great economic and social development to the people of East Africa. For example, the Lake’s total fish production is estimated at between 400,000 and 500,000 metric tons per year with Tanzania landing 40% of the lake’s fish, Kenya 35% and Uganda 25%.4 The landed value of this catch ranges between US $ 300 million and 400 million. The Lake catchment supports 30 million people, about one third of the population of the East African Community. Globally, the lake is of great scientific interest; it harbours over 350 endemic fish species. The Lake is also an important source of water for domestic, industrial and agricultural use.

4 This can be found online at: (http://www.lvemp.org/L_Progress/summary.htm).


Map of Lake Victoria

Source: Bwathondi, Ogutu Ohwayo & Ogari, November (2001. p. 1).

Challenges facing Lake Victoria•

Despite the extraordinary natural endorsements and rich cultural history within this region, its people face considerable challenges. Today, the Lake region is characterized by poverty, instability, rapid population growth and environmental degradation. People living around the Lake are the poorest despite the fact that the lake resources around them benefit many countries through fish exportation. There are many factors known and unknown that can cause water conflicts. For example, a conflict over land as in the Mau forest of Kenya and the resultant environmental degradation directly affect the amount and quality of flow into the lake. All these activities impinge on the lake resources in one way or another. For instance, excessive fishing has led to the depletion of fish stocks. These trends, however, are only symptoms of broader social, economic and developmental dislocations. Over-


fishing and the use of damaging or illegal fishing gear is only in part a reflection of the failure of centralized management strategies on the Lake. The trends described above represent a grave threat to the sustainability of Lake Victoria’s fisheries. The deteriorating security situation on the lake poses serious threats to the fisheries, fishermen, fishing communities and the lake environment as a whole.

Since 1960s, the lake environment and its natural resources have come under severe stress as a result of multiple activities arising from the human population in the basin, which has been growing at 6%, the highest growth rate in Africa (ibid). The increasing urbanization, industrialization, poverty among the lake basin communities, coupled with poorly regulated development and lack of enforcement of existing legislation have resulted in imprudent patterns in land use practices that cause soil erosion, exploitative and non-sustainable use of fishery resources, wetland degradation, deforestation, discharge of untreated industrial and municipal solid and liquid wastes. These continuing trends have resulted in serious environmental problems, the most obvious ones being: deterioration of water quality resulting from untreated municipal and industrial wastes; loss of biodiversity; water hyacinth infestation; change in fish biomass; inappropriate land use systems including cultivation on marginal areas, overgrazing and deforestation; encroachment of wetlands; poor sanitary conditions in lake side communities. These multi-social activities and the rapid increase in populations of the riparian communities show that the Lake itself is not the source of the observed problems, rather the problems arise from human activities in the surrounding catchments.

Growth in the human population in the Lake Victoria Basin is estimated at 6% per annum in the urban centres and over 3% in rural areas. The rapid rise in human population in the Lake Victoria watershed has put significant pressure on the environment. Forests in the watershed areas are being rapidly developed for agriculture, firewood, charcoal and human settlements. Deforestation coupled with bad agricultural practices has exacerbated the problem of siltation in the rivers and lake, resulting in a degraded habitat for fish. The rise in the human population has also increased the demand for fish leading to higher prices, which in turn have compelled fishermen to increase their catches.

There is also a significant rise in industrial development in the major urban centres near the lake such as Kampala and Entebbe in Uganda, Mwanza and Bukoba in Tanzania and Kisumu in Kenya (Orach-Meza, 2010). Rapid industrial development has greatly contributed to the polluting of the Lake. Pollution from point and non-point sources has contributed to the degradation of lake water for habitat and drinking use (ibid). Most industries still do not treat their wastes and the rapidly


expanding areas are not served by a public sewerage system. There are multiple obstacles to solving this problem including a low level of awareness of environmental conservation among industrialists, poor sewer systems, inadequate sewer treatment plants and too few technical personnel. The leading suspected polluters include breweries, sugar refineries, soft drink and food processing factories, dairies, oil and soap mills and leather tanning factories. Most of these factories discharge their raw effluents either directly or indirectly into the lake (ibid).

The degradation of Lake Victoria has also been exacerbated by the unsustainable reclamation of nearby wetlands. Wetlands are needed to anchor soils, catch silt, filter out pollutants and absorb nitrogen and phosphorus from the water flowing through the wetlands into the lake. Wetlands loss means the loss of crucial nursery and breeding ground habitat for fish. Development of appropriate, sustainable wetland management is an integral element in the protection of Lake Victoria water resources.

Water- related conflicts within the Lake Victoria Region•

i) The Migingo question

Since 2003, a number of Kenyan fishermen have been arrested and their boats and equipment confiscated by either Tanzanian or Ugandan authorities for «illegally crossing the common borders». (Nyaoro, 2010). The latest incident happened when about 400 Kenyan fishermen were kicked out of Migingo island by Ugandan authorities (ibid.).5 This island is claimed by both Uganda and Kenya. Unfortunately, many of the fishermen are not even aware of where the boundaries are until they have been arrested. This incident has exacerbated the already strained relations between the two countries. The Kenyan fishermen have appealed to their political leaders to intervene, some even threatening violence. Tensions in fishing communities at the borders should never be taken lightly given their potential to escalate into conflicts between neighbouring countries or even internationalized conflict. To the fishermen, what is important is the availability of the fishing grounds and the amount of fish they get from there. Consequently, tensions like the one in Migingo have a serious economic bearing on the region. Inadequate communication and ignorance of fisheries laws regulating the access to fishing grounds could be a major cause of conflict. The fishermen on both sides of Kenya and Uganda have disparities in income. Such can lead to smuggling of fish or illegal activities in fishing which can cause conflict.

5 Nyaoro, John, Director, Water Resources Management, Ministry of Water, Personal Interview, 25th June, 2010.


ii) Cross- border conflicts among fishermen

According to John Ochieng, (2010)6, “fishing in Lake Victoria has known no peace in the recent past with the recurring boundary disputes on the Lake (2010).” This is threatening diplomatic ties among the three riparian states of East Africa (Nyaoro, 2010). A case in point is in August 2003 when Kenyan and Ugandan delegates embroiled in a diplomatic showdown over the fate of some 92 Kenyan fishermen arrested for fishing on the Ugandan side of the Lake (Vitalis Omondi, 15, September, Daily Nation). The bone of contention was (and still remains) the ownership and the use of the resources of the Lake. During an interview of fishermen on the Kenyan side of the Lake, the main fear was the harassment by neighbouring countries’ authorities. One fisherman lamented, “They (Ugandan authorities) keep arresting us constantly, and confisticating our fishing gear” (2010). This is adversely affecting 54,000 fishermen on the Kenyan side, who are forced to operate within a 6% stretch of Lake Victoria. This, in turn, forces Kenyans to overfish in the breeding areas or use fishing gears that are not recommended.

iii) The water hyacinth problem

Water hyacinth is a dreaded weed which has been inflicting Lake Victoria for a long time and keeps coming back. The water hyacinth escaped from an ornamental pond in Rwanda into River Kagera, which flows into a tributary of Lake Victoria (Vidaeus and Scheider, 1992, p. 16). The weed was introduced from River Kagera into the Ugandan side of the lake in 1988, into the Tanzanian side of the lake in 1990 and into the Kenyan side of the lake in 1992 (ibid). Because of its quick spread across the lake, the weed was considered a great threat to the life forms of the lake and those who depend on it. The nature and negative impacts of the water hyacinth created an urgent need to manage it.

This exotic weed adversely impacted on the biological diversity, fish breeding, access to fishermen’s landing sites, water supply, lake transport, and hydro-power generation (Mumma, 1999). The weed also provides suitable habitats for vectors of various human diseases (for example malaria). In addition, due to its high rate of evapotranspiration, the water hyacinth causes drying up of the riparian wetland zones, thus enabling non-wetland species to invade the area. The water hyacinth blocks access to the fishing grounds and the more it spreads, the more the food security in the region is threatened. Due to its rapid growth in the lake and due to its movement from one side of the Lake to the other, it interferes with the water transport system. When interviewed, Mr. Obiero Onganga, the Executive Director 6 John Ochieng is a fisherman, who was interviewed during the fieldwork research in Kisumu, in August,, 2010.


of OSIENALA7 described the weed as deadly and a cause of serious havoc in the lake. It does not only threaten Lake Victoria but its biodiversity as well.

To curb its menace, numerous efforts and projects have been employed by the three East African countries including mechanical, biological, and manual. The fact that the weed keeps resurfacing on the Lake indicates that none of these methods have been effective in the long run.

Africa’s largest fresh water body, Lake Victoria may soon lose what remains of its capacity to support life as the dreaded water hyacinth makes a slow but sure return. The waterweed, which has been slowly spreading over the Lake, has now become more complex, alarming water experts. Omarr Wadda, the coordinator for the Uganda-Egypt Aquatic Weed Control project was also quoted as saying that “It will not be easy to eradicate the weed once it has covered a considerable part of the Lake (ibid).

iv) Scarcity of water

Tanzania: In 2004, Tanzania had already made clear its intention to build a pipeline to extract drinking water from Lake Victoria: the Shinyanga project. The main objective was to supply water to semi-arid regions of Mwanza and Shinyanga from Lake Victoria, apparently following pressure from local politicians. The project was launched in 2005, with a total cost estimated at TSH 85.1 billion ($ 85.1 million) (Daily Nation, 25, February, 2005). The start of this project was a sign that Tanzania had lost patience with talks involving Kenya, Uganda and Egypt over the validity of the two Nile Agreements (19298 and 19599 treaties). Tanzania indicated that the water from this project would be used mainly for domestic purposes, so that the flow to Egypt would not be interfered with in any way. Initially, the water project is meant to benefit 420,000 people, but this number is expected to rise to 940,000 in the next 20 years (The East African, February 9-15, 2004). Apart from the Shinyanga and Kahama towns, some 54 villages situated along the pipeline will benefit from the project, according to Edward Lowassa, the then Minister for Water and Livestock Development (ibid).

7 OSIENALA is in Dholuo language: “Osiepe Nam Lolwe Gi Aluora Ne” and it means “Friends of the Lake”8 This Agreement was drawn up between Egypt and Great Britain, which also represented British former

territories of Sudan, Uganda, Kenya, and Tanzania. This agreement gave Egypt “full utilization of the Nile waters,” (Dahilon, 2003). The Agreement simultaneously granted Egypt the right to inspect and investigate any control work along the entire Nile

9 This agreement apportioned the total annual discharge of the main Nile, as measured at Aswan, i.e. 74 billion m³, between Egypt and Sudan. Egypt was allotted 55.5 billion m³, while the Sudan was allowed to use the remaining 18.5 billion m³.


Kenya: Due to Kenya’s dry conditions the majority of its citizens in the dryer parts of the country go thirsty and millions others are threatened by starvation although the country shares a part of Lake Victoria (The Standard, January, 17, 2005). According to the Kenya National Water Master Plan, the country has an irrigation potential of 180,000 hectares but only 6,000 ha is being irrigated (ibid). Liberalization of the use of Lake Victoria would make it easy for the country to generate more hydroelectric power.

Furthermore, in addition to seasonal flooding around Lake Victoria, water taps often run dry in towns by the shores of Lake Victoria and there are calls to draw more fresh water from the lake to meet the increasing demand. Martha Karua, the then Minister for Water Development revealed that there were plans to scale up the flood control programme as part of the development of the Lake Basin (Daily Nation, March, 12, 2004). Other projects planned for expansion cover agriculture, fisheries, irrigation, water supply and sanitation. This is the main reason why Kenya joined the other countries, Rwanda, Ethiopia, DRC and Tanzania, in signing the New Nile Treaty in May, 2010. In signing this treaty, Kenya argued that the treaty would further allow the building of dams on rivers around Lake Victoria which would be a more long-term solution to floods as dykes had proved ineffective in controlling water. Besides Uganda, Kenya is also one of the countries who have been demanding that the Egyptian Government should compensate it for the suffering Kenyans have gone through after being denied the use of the Nile.

The three East African countries, especially Kenya and Uganda, have faced severe droughts on several occasions. These have led to water scarcity which in turn has led to conflicts. Currently some residents around Lake Victoria have started cultivating on the shores of the Lake after the water level had receded to an 80-year low, resulting in the creation of wetlands and some dry land. The Lake has fallen by two and half metres and the shoreline in some places has retreated by about half a kilometre before the long-awaited rainy season began around Lake Victoria and south-western Uganda. So far, the Lake Victoria water level has dropped further to the lowest level of 1,133.66 metres since the 1923 level of 1,133. 19 metres, surpassing the 1961 level, and is still going down.

v) Hydropower as a cause of conflict

Uganda: Uganda’s priorities lie with hydropower development, where they have a great potential at a number of sites of the proposed dams at Bujagali and Karuma. Over the years, water levels on Lake Victoria have fallen alarmingly, resulting in


both lower electricity production and power rationing in Uganda (Neil, Ford, 2006). Explanations for the fall have largely focused on the use of water by the power sector but while this may play a role, there is a great deal of evidence pointing towards a long-term problem. Water levels are falling in many lakes across the Region and apart from the obvious devastating environmental impact, East African economies could also be affected by electricity shortages and unusable port facilities (ibid). Despite its huge potential, hydroelectric power in East Africa continues to be erratic largely because it depends on capricious seasonal rainfall.

An environmental NGO, the International Rivers Network, claimed in February, (2006) that Uganda had been taking 55% more water from Lake Victoria than agreed under the existing legal framework (ibid). Rising demand for electricity has certainly increased the pressure on the country’s hydroelectric facilities and the NGO claimed that this accounted for around half the reduction in the Lake Victoria water level, which has reached its lowest since the 1920s. It is claimed that the recurrent drought in this region is responsible for the other 50%. Blackouts have become a daily occurrence in the capital, Kampala. In 2004, during a National Resistance Movement (NRM) day victory parade, thousands among the audience jeered to register their dissatisfaction on the matter in front of President Yoweri Museveni and other dignitaries. (Tristan McConnell, 2005, pp 54).

With consumption outstripping production, a scheduled timetable of ‘load shedding’ was put in operation since September 2004, that sees neighbourhoods having their electricity cut off every other day for as long as 24 hours at a time (ibid). Uganda is undoubtedly the key to a strong power sector in East Africa. It has exported power to Kenya since colonial times and the Uganda Electricity Board (UEB) plans to increase exports to Kenya, Rwanda and Tanzania over the next decade. Rwanda’s Electrogaz already imports 12.5 megawatts (mw) of its required 37.5mw from the UEB. Despite this, Uganda itself continues to suffer power rationing, mainly because of its reliance upon seasonal rainfall for its hydroelectric production (HEP).

For President Museveni, speaking at the NRM Day parade, ‘there is little doubt as to where the blame for power shortages lies: with international donors’ (ibid). President Museveni blamed the World Bank which he claimed was preventing Uganda from constructing the two dams that he claimed are required to solve the problem. Because of the Nile treaties, donor agencies like the World Bank insist that the funding of any major project along River Nile will only be done with the consensus of all the Nile member countries. Despite these restrictions, Museveni, in October 2004, during the same parade indicated that Uganda would go ahead with the project, with or without the approval of international donors (Ibid). The project


was due to have begun in 1994 but met with stiff opposition from environmentalists and lawmakers who said it would displace many people and submerge the Bujagali Falls that attract white water rafting enthusiasts (Rosenberg, 2002). Again in 2002, construction of this dam was postponed due to alleged corruption. The project would be worth hundreds of millions of dollars, the largest single private investment in East Africa. But due to these allegations, the World Bank decided to indefinitely postpone consideration of the guarantees for the $ 550 million dam (ibid).

Despite all the challenges, President Museveni and some Ugandan officials pushed ahead with it. The Ugandans believe the dam is key to the country’s economic development. Syda Bbumba, Uganda’s Energy Minister was quoted as saying, ‘if our economy is to develop, then Bujagali is needed. (ibid).” Uganda’s major dams, all on the Nile, produce or have the capacity to generate 380 megawatts of electric power. The one kilometre-long (0.6-mile) Bujagali dam, if built, will generate 250 megawatts of electricity when it comes on line, boosting the amount of electricity Uganda can sell to its neighbours as well as providing for its own citizens.

After investigation, in 2003, the World Bank finally agreed to fund the controversial Bujagali Hydroelectric scheme (African Business, January, 2003), but on condition that it is managed properly to generate more widely accessible and cheaper electricity for Ugandan residential and industrial consumption.

Kenya: In Kenya, the drought that occurred in 2000 caused the worst power shortages in a hundred years and severely affected Tanzania (Neil Ford, 2001). These shortages were also experienced in 2009, when there was a reduction of water flow at Musinga Dam and other Kenya dams, due to lack of rain. Kenya is the greatest consumer in the region, accounting for 4.l bn kilowatt-hours or 60% of all commercial consumption in East Africa in 1999. Installed generating capacity in East Africa was 1,720mw during the same year, of which 859mw lay in Kenya, 596mw in Tanzania and 265mw in Uganda (ibid). In addition, the Kenyan Government continues to invest in seasonal generation, such as the Turkwell Gorge project.

Tanzania: In Tanzania, the Electric Supply Company (Tanesco) was forced to rely on expensive, gas-powered generation when water levels at the Mtera Dam fell below the minimum required for operation (ibid). As in Kenya, rationing in Tanzania came to an end again in January 2001 when rainfall in the uplands brought the Mtera dam power plant back on stream. Tanesco’s efforts to prevent a similar scenario have centered mainly upon more modern, small-scale gas-fired projects and new hydroelectric power (HEP) dams, such as the 180mw Kihansi Dam. Tanesco


is considered to have the most expensive electricity in Africa for business users (ibid). A survey at the end of 1999 by PriceWaterhouse Coopers concluded that the greatest obstacle to industrial development in Tanzania was the high cost of electricity. Energy heavy industries such as paper production have been particularly affected (ibid).

b) Other Examples from the Region

i) Tana River

Tana River district is one of the seven districts that make up the Coast Province. The district has three dominant ethnic groups - the Pokomo, who are Bantu farmers, the Orma and the Wardey who are Cushites or pastoralists. River Tana is an important ecological zone and a natural resource in the district. Both the pastoralists and farming communities in the district derive their livelihoods from this river (Practical Action, May, 2010). The Tana as the main river in the Tana basin. Various tributaries originating from Mount Kenya, Aberdare Ranges and Nyambene hills feed the Tana River; which has a total length of 1,012 kilometers (Agwata John, 2005). The greater Tana River district was divided recently into two districts which are Tana River and Tana Delta. The district experiences a bimodal type of rainfall pattern that is often erratic. The mean annual rainfall ranges between 220 and 500 mm. The district is generally hot and dry with temperatures ranging between 21 and 38 degrees Celsius.

The Conflicts: In the 1980s there were three major irrigation schemes in the district which greatly influenced the local people’s lifestyle in terms of employment and source of income. There were no conflicts during those days since people were busy on the schemes. Since the collapse of these schemes - the Tana, Hola and Tana Delta irrigation projects - the poverty rate has soared alarmingly and has become a major source of conflict in the district. This led the nomadic pastoralists, the Ormas, to move far into the hinterland with their large herds of animals while the Pokomos remained along the river, creating two distinct and competing lifestyles (farming and pastoralism). Conflicts have flared whenever the pastoralists try to access the river to water their livestock since virtually all the river banks have been occupied by farmers. This subsistence land use by the farmers has left no space for the pastoralists to access the water and this has been the leading cause of conflict (Practical Action,, May, 2010). During the dry season the pastoralists move back to the river in search of water and pasture. The utilization of the waters of the Tana River has been in the centre of a conflict pitting these two communities against each


other. The Pokomo claim the land along the river and the Orma claim the waters of the river. This has been the major cause of a conflict that is usually predictable (ISS. ISS. www.iss.co.za/../chap6.pdf ). An example of this conflict was seen from 20th to 22nd November 2001, when the coastal tribes of the Orma and Pokomo engaged in clashes over land and water resources that left 19 people dead and 20 injured (IRIN 2001). The Pokomo accused the Orma of allowing their livestock to encroach on their farms and of destroying crops while the Orma complained that the Pokomo farm lands were too close to the banks of the Tana River and were preventing the herders from using the river to water their cattle (IRIN 2001).

Another source of conflict in the district is the controversial land adjudication programme that was implemented by the Government to promote productive land use in the district. Land was subdivided and allocated to individuals (mainly settled farmers) as private property. But the pastoralists thought this would limit their movement and opposed it and continue to oppose the policy (Practical Action,, May, 2010). The problem was that a land adjudication programme was started in the district without first adequately consulting with the communities. As a result, the programme was summarily rejected by the pastoralist Orma community who saw the adjudication as a conspiracy between the Pokomo agricultural communities and the Government to deny them access to traditional grazing areas and water access routes known as Malkas (ISS. ISS. www.iss.co.za/../chap6.pdf

ii) Mara River Basin

The Mara River has its source in the Mau forests complex in Kenya and is a trans-boundary basin shared between Kenya and Tanzania. It is part of the larger Nile Basin that is shared by nine countries. Due to the major cover loss in the Mau forest as well as unsustainable agricultural expansion and intensification (including irrigation), human population growth, and the interest of stakeholders, the Mara River Basin residents are increasingly facing inadequate access to water.

iii) The Omo River

Lake Turkana10 is situated in Rift Valley Province in Kenya and is the largest per-manent desert lake in the world (Angelei 2009). It hasthree tributaries Turkwell, 10 Lake Turkana and her surroundings harbour a number of indigenous communities. These communities are

highly dependent on the lake for their food crops, livestock grazing, watering and fishing. The diversion of the river Omo will not only have an ecological impact on the lake but an economic one, as well. This will most likely lead to conflicts among the communities and in the region at large due to the volatility of Northern Kenya region

(Angelei 2009).


Kerio and Omo with Turkwell and Kerio being seasonal rivers and river Omo in Ethiopia being its major tributary, producing over 80% of the total water flow into Lake Turkana.

The Ethiopian Electric Power Corporation (EEPCO) is in the process of building a hydroelectric Dam (Gibe III) in Ethiopia that will, in essence divert river Omo to feed the dam, cutting off the river’s flow into Lake Turkana (Silas, Mutia, 2010 2010). The diversion of river Omo will result in changes in the chemical balance of the water in the Lake, making it more saline. And this could be threatening not only to the human population, but also to the various plant and animal species found in the Lake like crocodiles, hippopotamus, and over 40 different species of fish and snakes (ibid).

iv) The Nile conflicts

The Nile riparian states include: Burundi, the DRC, Egypt, Eritrea, Ethiopia, Kenya, Rwanda, Sudan, Tanzania and Uganda. These are among the world’s developing nations where, with the increasing population, there is a corresponding increase in the demand for water, leading to greater pressure on endangered water resources. Present and potential conflict over water in the Nile basin stems from the increased food and agricultural needs generated by a rapidly growing population in the riparian states. By 1997, all three of the major players, Egypt, Sudan, and Ethiopia had publicly stated that their share of the water is insufficient and are demanding the right to use the water as they see fit.

Potential conflicts among the Nile countries•

Egypt: The use of the Nile waters by Egypt is growing, yet the amount of available water is not increasing. Thus, Egypt is desperately trying to meet its food needs by dramatically increasing the number of acres under irrigation. Pressures are high on Egypt to continue expanding its agricultural production. Even though the country uses its full allocation, it still imports over half of its food, including 10 million tons of grain a year.

Ethiopia: Ethiopia’s rapid population growth and the need to establish food security after the famines of the 1980s has prompted her to press ahead with plans to divert the Nile waters for irrigation. In 1990, Egypt blocked an African Development Bank loan to Ethiopia for new irrigation projects (Moffett, 1990). However, according to Peter Wallenstein and Ashok (1994, p. 39), Egypt’s political dominance in the


region was further weakened with a 1991 agreement between Sudan and Ethiopia to co-operate over the use of the Nile waters. By mid 1990s, Ethiopian farmers were already building small earthen dams on the tributaries of the Blue Nile, which, although permitted by the 1959 Agreement, are restricting the flow to Sudan and Egypt by as much as 2 to 3 million m³ per year, (Bleier, 1997).

Sudan: Certain areas in Sudan are suffering from increased desertification and as in Ethiopia, some farmers are building small dams on tributaries of the Nile River. Sudan is suffering from a similar explosive population growth, and may be expected to need as much as 33 billion m³ of water, or 13.5 billion m³ greater than its 1959 allocation, by 2025.

The Upper Nile countries: On May 14, 2010, four upper riparian countries of the Nile namely: Ethiopia, Rwanda, Tanzania and Uganda moved ahead after nine years of negotiations from 1999 and signed a new treaty, known as the Nile River Basin Cooperative Framework Agreement11 in Entebbe, Uganda, despite protests from Egypt and Sudan. This treaty, they claim, would allow them a more liberal management of the Nile waters for irrigation and other development projects. The move came as negotiations between these countries, Egypt and Sudan came to a standstill12. Kenya also joined the four and signed the treaty on May 19, 2010.

v) Piracy, maritime security and water-related conflicts

The Eastern African coast includes: the coasts of Mozambique, Tanzania, Kenya, Somalia, the island of Madagascar, the three archipelagos of Comoros, Seychelles and the French Territories of la Reunion. The geographical spread is the area of the maritime zones and the flat coastal plain with a width of 4km and elevation of 30m above mean sea level. The issues arising from this geographical area are: the complications of governance; the ambulatory nature of land-water interface and the multiplicity and overlap of rights/interests.

During the last decade, the interconnection between environmental issues and security issues has gained greater significance. Specifically, there has been a growing awareness of the link between maritime security and environmental degradation, and the multiple effects they can have across a spectrum of disciplines. For the purpose of the presentation we note that 40% of internal conflicts are linked to 11 The reason why this treaty was given this name is because; most of the river basins have river basin

agreements. The modern way of managing transboundary basins is through cooperation. The emphasis here is on cooperation. Countries must have a framework for cooperation to take place. A framework gives the cooperation a structure and spells out clearly the principles for cooperation.

12 The negotiations to modify the Nile treaties started in 1999 when the Nile Basin Initiative was Established.


natural resources and only 25% of these internal conflicts take into account the environment. (Dr Ibrahim Thiaw, 2010).

In the past few years, the issue of piracy13 along the coastal lines has increased at an alarming rate. Maritime security, on the other hand, encompasses aspects such as physical security measures, registration of ships, shipboard security, piracy, marine safety, phantom ships, illegal immigrants, port security and terrorism. The term ‘maritime terrorism’ is difficult to conceptualize as a maritime offence in the context of existing framework of relevant international conventions (see SUA 2005). The concept of environmental security underscores the fact that conflicts are often fuelled by environmental factors such as desertification, deforestation or competition for resources. When resources are overexploited people fight for the little that is left (Malthusian theory).

Factors that can lead to water- related conflicts

Illegal exploitation of marine resources in the East African region is mainly manifested through Illegal,14 Unregulated and Unreported (IUU) Fishing, dumping of hazadous waste and pollution. In the absence of any Somali coast guard, young vigilante fishermen took on the task of surveillance - calling themselves the “National Volunteer Coast Guard” (NVCG), or the “Somali Marines.“ Armed with automatic rifles, these young Somalis intercepted the commercial fishing fleets and toxic dumpers and levied ‘taxes’ on passing ships, acts which later evolved into kidnapping and demand for ransom payments. Ironically, the ransom payments that the pirates collect have even delivered mini economic booms to some towns. The “pirate economy” has transformed these areas, where people are now able to buy food, and generators to provide them with electricity.

13 Under article 101 UNCLOS piracy is defined as any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; pirate ship or aircraft; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b)

14 Illegal fishing refers to fishing by national or foreign vessels in waters under the jurisdiction of a state, without the permission of that state, or in contravention of its laws and regulations or where state parties to a relevant regional fisheries management organization choose to operate in contravention of its regulation.


3 THE ROLE OF SUBREGIONAL ORGANISATIONS IN THE PREVENTION OF WATER- RELATED CONFLICTS IN EAR

3.1 The East African Community

Introduction

The East African Community (EAC) is the regional intergovernmental organization comprising of Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania. The vision of EAC is a prosperous, competitive, secure, stable and politically united East Africa; and the mission is to widen and deepen economic, political, social and cultural integration in order to improve the quality of life of the people of East Africa through increased competitiveness, value- added production, trade and investments.

EAC comprises three organs namely; the Secretariat, the East African Legislative Assembly (EALA) and the East African Court of Justice (EACJ). There are also five autonomous institutions namely: the Lake Victoria Basin Commission (LVBC), Civil Aviation Safety and Security Oversight Agency (CASSOA), Lake Victoria Fisheries Organization (LVFO), Inter-University Council for East Africa (IUCEA) and East African Development Bank (EADB).

The EAC Treaty was signed on 30th November 1999 and the founding member countries are: Kenya, Tanzania and Uganda, later joined by Burundi and Rwanda.

This Treaty was domesticated in Kenya by Act No 2 of 2000.

The framework for natural resources management

Article 5 sets out the objectives of the Treaty, which include: sustainable growth and development of the partner states [Art. 5(3)(a)15 ], sustainable utilization of natural resources and taking measures that would effectively protect the natural resources of the partner states– [Art. 5(3)(c)]; and the promotion of peace, security, stability and good neighbourliness [Art. 5(3)(f). This enforces the Partner states

15 “the Community shall ensure promotion of sustainable utilization of the natural resources of the Partner States

and the taking of measures that would effectively protect the natural environment of the Partner States”.


to recognize the need for environmental management and economic utilization of natural resources for sustainable development. The aim of the Community under this segment is to reduce threats to human health and ecosystems, promote sustainable development, and manage natural resources on a sustainable basis.

Articles 6 and 7 of the Treaty set out the fundamental and operational principles of the Community, among them: peaceful co-existence and good neighbourliness and peaceful settlement of disputes [fundamental principles]; and people-centred development and subsidiarity [as operational principles].

Chapter 19 of the Treaty deals with cooperation in environment & natural resources management. Art. 111 recognizes that a clean and healthy environment is a prerequisite to sustainable development and therefore: the states agree to foster cooperation in the joint and sustainable management and efficient utilisation of natural resources. As an instrument of cooperation, the partner states agree, inter alia, to: adopt a common environmental management policy; harmonize policies and regulations for the sustainable and integrated management of shared natural resources; and establish a body for the management of Lake Victoria.

The Protocol for Sustainable Development of Lake Victoria Basin: This Protocol governs the partner states cooperation in the Sustainable Development of Lake Victoria Basin. The partner states have agreed to cooperate in the areas relating to the conservation and sustainable utilization of the resources.

Emerging environmental governance

Thus, there is an emerging environmental governance framework within the EAC whose key pillars are: a shared vision of sustainable development anchored on sustainable utilization of natural resources; cooperation on the management and use of shared natural resources and joint action on a bilateral basis. The EAC governance system which is emerging could be a potential source of environmental conflicts management on account of its pre-emptive characteristics based on agreement on: environmental management principles; common policies and standards; joint action; multilateral and bilateral agreements.

The strategic interventions

The implementation of the Protocol on Environment and Natural Resource Management aims to:


promote joint participation in international treaties and conventions; 1.

finalize harmonization of mineral laws and policies; 2.

complete the preparation of water vision, mission and comprehensive 3. management strategy;

prepare a comprehensive development strategy for arid and semi-arid 4. areas including promotion of irrigation;

undertake joint resource management and exploitation; 5.

support joint research in dedicated centres of excellence; 6.

Establish an EAC water management institute. 7.

Actions Arising From the Strategic Interventions

i) Adoption of the Protocol on the sustainable management of Lake Victoria Basin

The Community has adopted the Protocol on the sustainable management of Lake Victoria Basin on 29th November 2003 (which establishes the Commission headquarters in Kisumu); developed guidelines on trans-boundary environmental assessment in 2004; and initiated programmes in a number of shared eco-systems e.g. Mt Elgon ecosystem.

ii) Bilateral Co-operative Action by Member States

Under the Nile Basin Initiative member states have initiated bilateral cooperation on shared natural resources, among them: Mara River Basin Policy (MRBP), Legal and Institutional Cooperative Framework (LICF) between Kenya and Tanzania; Sio Malaba Malakisi Rivers Policy (SMRBP), Legal and Institutional Framework (Kenya, Uganda) and Kagera River Basin Policy, Legal and Institutional Framework (KRBPLIF) Tanzania , Rwanda, Burundi).

iii) Establishment of Institutions and Frameworks for Managing National Resources

The EAC has developed specific institutions in Tanzania regarding the management and guidance of the environment and natural resources such as the Lake Victoria Basin Commission and Lake Victoria Fisheries Organization. Within the Secretariat, an Environmental and Natural Resources Management has been set up under the


Directorate of Productive and Social Sector.

a) The Lake Victoria Basin Commission

This is an institution of the East African Community responsible for coordinating the sustainable development agenda of the Lake Victoria Basin. It was established in 2001 as a mechanism for coordinating the various interventions on the Lake and its Basin, serving as a centre for promotion of investments and information sharing among the various stakeholders. The programme is the driving force for turning Lake Victoria Basin into a real economic growth zone. The Programme envisages a broad partnership of the local communities around the Lake, EAC and its partner states as well as the development partners.

The Programme further places emphasis on poverty eradication and the participation of the local communities. It is expected to make a significant contribution towards reduction of poverty by uplifting the living standards of the people of the Lake region. This is to be achieved through economic growth, investments and sustainable development practices that are cognizant of the environment.

b) Lake Victoria Environmental Management Project (LVEMP) II

The project is implemented in the five EAC partner states that share the Lake Victoria Basin. It is designed to contribute towards the on-going efforts of achieving the Lake Victoria Basin (LVB) Development Vision. The project is focusing on the collaborative management of trans-boundary natural resources, with emphasis on management of the water and fisheries resources and on interventions that will reduce environmental stresses within the lake and its littoral zone and on watershed management. It has identified coordinated support and effective investments by the local governments, communities and the private sector as a prerequisite to promoting sustainable use of natural resources and thereby helps to maintain the ecosystem leading to improvement of the livelihoods of the people.

c) Lake Victoria Water and Sanitation (LVWATSAN) Initiatives Project

Lake Victoria Basin covers an area of 250,000 km2 with the lake taking 68,000 km2. The basin has a population of 35 to 40 million people, with rapidly growing secondary towns, which result in unplanned, spontaneous and unsustainable growth; run-down and non-existent basic infrastructure and services; and significant negative impacts on the environment and the fragile ecosystem of the lake.


Between 2004 and 2007, the project conducted a consultation with national and local authorities and local stakeholders, where an initial assessment was undertaken to identify water and sanitation (WATSAN) investments and related capacity building needs in 30 pre-selected secondary towns.

Achievements of the project

In Kenya: Water, Sanitation, Solid Waste Management and Drainage Services have, to a large extent, been addressed and are substantially completed in Kisii16 and Homa Bay17

In Tanzania: Immediate interventions have been completed in the two towns of Bukoba18 and Muleba19.

In Uganda: Activities for the immediate interventions in the towns of Kyotera20 and Nyendo Masaka21 have been completed.

In Rwanda and Burundi: Since the joining of Rwanda and Burundi in the EAC on July 2007, the countries have been enjoined in the LVWATSAN Initiative, and preliminary assessments were conducted in both countries to identify towns22 to be considered for inclusion in Phase II of the initiative.

d) Mount Elgon Regional Ecosystem Conservation Programme (MERECP)

MERECP is a programme of the EAC supported by the International Union for Conservation of Nature (IUCN) aimed at strengthening management of protected areas of Mt. Elgon ecosystem and sustainable development activities in the districts

16 In Kisii, Intakes rehabilitated, installation of new pumps, Upgrading transformer, erecting 10 water kiosks, 10 VIP Latrines and 10 km of UPVC

17 In Homa Bay, 1 km of PVC pipeline, installation of 10 tipping bins, 4 Waste Transfer Stations, construction of 10 VIP latrines in selected schools and public areas as well as construction of water kiosks.

18 In Bukoba, 25 domestic water points and 7 VIP latrines, rehabilitation of three Water Storage Tanks, the Septic Tanks at Prison and at the Customs Intake, the supply and installation of pumps with the related civil works are complete

19 In Muleba, spring intake, 11 km raw water mains, a 680 cu.m storage reservoir and upgraded distribution System, 15 Domestic water points and 10 public VIP sanitation

20 In Kyotera, construction of the pipeline to the town, storage reservoir, distribution network completed, two boreholes have been successfully drilled near the town with estimated yields of 20m3/hr and 10m3/hr

21 In Masaka, 20 VIP public sanitation (toilets and bathrooms), paving and drainage of the market, repair of solid waste management equipment and trucks and the re-construction of the slaughterhouse

22 Based on the selection of the town in phase II the following towns were selected: Burundi: Ngozi, Muyinga and Kayanza ; Kenya: Keroka, Kericho and Isbania ;Rwanda: Nyanza, Kayonza and Nagatare ;Tanzania: Segerema, Geita and Nansio; Uganda: Kayabwe –Buwama – Bukakata- Lambu, Mayuge-Ikulwe and Ntungamo


of Trans-Nzoia West, Kwanza, Mt. Elgon in Kenya; and Kapchorwa, Bukwo, Sironko, Manafwa, Bududa and Mbale in Uganda.

e) The Mara River Basin Project

Currently, the Lake Victoria Basin Commission (LVBC) signed a Memorandum of Understanding (MoUs) with three Universities: Ardhi University (United Republic of Tanzania), Egerton University (Kenya) and Maseno University (Kenya) on July 21, 2010 at the Imperial Hotel in Kisumu, Kenya, to support critical studies in natural resources and landscape conservation in the Mara River Basin.

The Mara River Basin is one of the basins of the Lake Victoria and is essential for the survival of wildlife anchoring Kenyan and Tanzanian tourism. The survival of this ecosystem depends on the flow of the Mara River. The collaboration between the Commission and the Universities will play an essential role of supporting a long term capacity development for science- based management system of the ecosystem.

3.2 Intergovenmental Authority on Development

Introduction

IGAD, formally known as Inter-Governmental Authority on Drought and Development (IGADD), comprises seven states: Djibouti, Eritrea, Ethiopia, Kenya, Somalia, Sudan and Uganda, and was formed to cater for drought and development issues in the Horn of Africa. Its main role is policy formulation and advising the respective Governments accordingly.

Water resources link the IGAD states internally and externally with adjacent regions. The Great Rift Valley - stretching from Djibouti and dissecting the Ethiopian highlands through to Kenya, with the Eastern branch delineating the eastern border of Uganda from central Africa - outlines a close hydrological map that determines the water flow. However, there are specific problems that call for the need of adequate knowledge of surface and underground waters.

With respect to shared hydro- geological resources, no single country is able to manage its resources without the support and cooperation of neighbouring states. Unfortunately, both surface and underground water potentials in the sub-region are scarcely understood and very little information exists that could be used for


sustainable management of these shared resources (Karen Mwangi, IGAD, Kenya Liaison office).

Initiatives and Actions Towards Prevention

i) IGAD Environment and Natural Resources Strategy

The strategy document is composed of four main sections. Section One introduces an overview of the profile of the IGAD region, highlighting the economic and social conditions. Section Two contains the situational analysis. It gives a brief overview of the state of the environment and natural resources in the region and an outline of the evolution of environment and natural resources policy- and strategy-making at IGAD. The section highlights the main environmental and natural resources management challenges but at the same time provides an insight into some of the opportunities presented by the region’s endowment of environmental and natural resources goods and services

i) Collaborative Ventures

When it comes to water-related conflict prevention, IGAD has a form of collaboration especially with the organizations working in its region. Its main task is to bring together the other organizations to come up with a policy which is not contradictory in nature. It also creates a consultative forum for them to make and adopt these policies. It collaborates with other organizations on issues like climate change through ICPAC (IGAD Climate Prediction and Prevention Centre.

ii) Network of government and non-government stakeholders

Through its national network of government and non-government stakeholders, CEWARN has been undertaking its conflict early warning and response work in three clusters. These are the Karamoja Cluster, the Somali Cluster (that covers cross-border areas of Ethiopia and Kenya) and the Dikhil Cluster (that covers cross-border areas of Djibouti and Ethiopia (Kitevu Raymond, 2010, personal interview). CEWARN’s key achievements so far also include its vital role in bringing to light the extent of violence due to cross-border pastoral and related conflicts in the IGAD sub-region. It also continues to play an instrumental role in supporting national and cross-border peace building efforts of IGAD member states to improve the peace and security situation in the region.


Shared Aquifer Resource Management (ISARM)

UNESCO has initiated a network Integrated Shared Aquifer Resource Management (ISARM) in many regions in the world. In Africa there are the Shared Aquifer Resource Management (ISARM) within SADC and ISARM West African initiatives that were launched earlier. Following up the success of these ISARM initiatives and in a bid to expand these efforts to Eastern Africa, the ISARM- IGAD initiative was launched during a meeting on 23-25 March 2010 in Addis Ababa, Ethiopia.

v) A Tour of Kenya’s Dry lands

In October 20-26, 2008 the IUCN and IGAD facilitated a tour of parliamentarians and journalists from among IGAD member states to the drylands of Kenya, to learn firsthand from local communities about the challenges and successes in conservation and sustainable livelihood development. The tour was organised in partnership with the Kenyan Arid Lands Resource Management Project (ALRMP) and the Centre for Minority Rights and Development (CEMIRIDE). The group also visited Naibunga conservancy in Laikipia North district, Kalama Community conservancy in Samburu East district and Gubadida village in Garbatula district. There was general consensus that values and other services in the arid and semi-arid lands are not widely understood, and so underestimating their potential utilisation. The eight MPs from Djibouti, Ethiopia, Kenya and Somalia declared that the tour had a profound effect on their understanding of conservation issues among communities living in dry areas.

v) Inception workshop

Between 26 and 28 November, 2007 in Nairobi, Kenya, IGAD had an inception workshop on mapping, assessment and management of transboundary water resources in the IGAD region.

3.3 International Conference of Great Lakes Region

Introduction

The ICGLR comprises 11 countries (Angola, Burundi, Central African Republic (CAR), Congo Brazzaville, DRC, Kenya, Rwanda, Sudan, Tanzania, Uganda and Zambia and was established in 2004. In the effort to transform the Great Lakes Region into a haven of peace, security and development, the Heads of State and


Governments of the Great Lakes Region signed the Dar-es-Salaam Declaration in 200423. In December, 2006, the ICGLR members met in Nairobi24 where they signed the Pact on Security, Stability and Development in the Great Lakes Region which entails 10 Protocols that provide a legal framework to tackle the issue of conflict and its multi-pronged effect on the various aspects of life in the Great Lakes Region, including environmental issues. The ICGLR views environment and conflict as intertwined with other factors that take on a socio-economic and political dynamic.

Initiatives and Actions towards Conflict Prevention

i) Zone Three Conflicts

The ICGLR has classified the Region into 12 zones25 based on the similarities of the challenges that they share. Kenya is classified in zone 3, which is one of the 12 zones in the Region. The zone refers to the border area comprising north-west Kenya, north-east Uganda, and south-east Sudan. It is also known as the Kapototur Triangle and is an area occupied by pastoralist communities (the Pokot and Turkana in Kenya, the Karamajong in Uganda and the Toposa in Sudan) whose traditional way of life is characterized by cattle rustling. Ethiopia, which is an ICGLR co-opted member, is also included in zone 3 as its southwestern region is prone to a similar problem with respect to the Oromo community.

The economic way of life for the communities living in this zone is pastoralism. These communities keep livestock for their livelihoods and the two notable resources that they share are grazing fields and water points. These communities compete for the resources because of the arid conditions they are exposed to and most of their livestock die, owing to drought and famine. This is one of the driving factors that compels the communities to practice cattle rustling to replace their livestock that have died of starvation, hence there is a vicious cycle of rustling among them.

23 24 The Dar-es-Salaam Declaration established the framework signed in Nairobi (Kenya) on December 15, 2006.

The pact was mainly on security, stability and development in the Great Lakes Region. The Pact came into effect on June 21, 2008, after its ratification by 8 out of the 11 member states’ parliaments. It embodies the desire of the heads of state to solve the region’s problems.

25 For easier management, ICGLR has divided the region into smaller units called zones based on their particular security dynamics, where cooperation is based on the border zones. This is strength in ICGLR initiatives that if implemented effectively would prevent some of the water related conflicts in the region.


The Main Gaps

During the signing of the Dar-es-Salaam Pact, the Heads of state reiterated their commitment by stating, OUR COMMITMENT

“We, the Heads of State and Government of Member Countries of International Conference on the Great Lakes Region, meeting in Dar es Salaam, on 19th and 20th November 2004, under the auspices of the United Nations and the African Union, . . . Declare our collective determination to transform the Great Lakes Region into a space of sustainable peace and security for States and People’s political and social stability, shared growth and development, a space of cooperation based on the strategies and policies of convergence within the framework of a common destiny which we are determined to build in line with the aspirations of our peoples, in conformity also with the AU Vision and Mission, with the full participation of all our peoples and in partnership with United Nations, the African Union and the International Community as a whole.”

Although the Dar-es-Salaam Declaration (2004) provides for the integration of cross-cutting issues in the 33 ICGLR projects, the following major gaps remain:

Key cross-cutting issues1. 26 were not mentioned or were mentioned superficially. There was no mention of water- related conflicts or their management.

The strategy, expected results, indicators, project activities, resources 2. and the budget often omitted and ignored cross-cutting issues.

Indeed, the projects as presented, if not modified, shall neither be 3. effective to the people and governments for which they were not conceived nor respond to the expectations and vision of the leaders as expressed in the Dar-es-Salaam Declaration.

26 The instruments of the African Union and the UN which inspired the Pact also recognize these issues. These issues are mainly related to: Human Rights, Gender, Environment Human Settlement, HIV/AIDS and Youth, among others.


4 Recommendations for the Subregional Organisations

In order to deal with and prevent the emerging water-related conflict in this Region, the following policy recommendations are important for the three sub regional organizations:

Place high priority on environmental management 1. in order to protect the available water resources and set out effective measures to adapt and mitigate the effects of climate change. Proper environmental management27 would lead to reduction of water scarcity.

Mainstreaming water issues in protocols and frameworks of the different subregional 2. organizations: The sub regional organisations should liaise with organizations like UNEP to work closely with them and mainstream and integrate water issues in the protocols and programmes of action identified.

Cooperation and joint action:3. Cooperation and joint action in natural resources use and management is the key to its economic development. Conflict prevention must be a key strategy to avoid conflict escalating into violent conflicts over water.

Liaise with other organizations and institutions: such as4. national governments, NGOs and industries to make greater advances in meeting the environmental challenges.

Concentrate on the sustainability and development:5. the key to prevent or reduce the effect of environmental issues relating to water. Prevention and repair of environmental degradation such as deforestation and the deterioration of the quality of land, water and fisheries, can increase the sustainability of resources by involving stakeholders in appropriate dialogue and mediation procedures from the outset.

Research on the linkage between water scarcity and maritime security6. : the link between environmental degradation and human security - and maritime security in particular- has not been adequately investigated. There is urgent need for the relevant institutions to commission research in this area to provide policy-

27 This would include: proper management of catchment areas, deforestation, dealing with pollution by planting trees etc.


makers with clear data and information to guide the latter.

Cooperation in addressing transboundary problems like maritime security7. : the international community has employed a purely military approach in addressing the problem of maritime insecurity in the East African Region. The international community has not adequately addressed the environmental causes of maritime insecurity. Marine environmental pollution is a transboundary problem. The states in the Region must cooperate to address the problem effectively. Similarly there must be proper coordination of various agencies dealing with maritime security at the national and regional levels.

viii) Provide technical support:8. the sub regional organisations should be supported in terms of technical assistance, training, policy and advisory support services to enhance capacities of countries in preventing water- related conflicts.


Conclusions

Despite the fact that the three subregional organizations, in different ways, have put emphasis on water as a natural management by devoting special institutions, several challenges still remain, including: the lack of financial support, ignorance of the local residents, and lack of expertise concerning specific proficiency, peace and security, access to the remote areas. Another substantial challenge is the climate change caused by the global warming and other natural calamities. The challenges become even more complex when transboundary - multinational issues come into play. Therefore, the recognition of the link between water and conflict in the EAR is critical to finding lasting peace. Water is all-encompassing and the adverse effects resulting from conflicts related to it can impact on peace and security in the EAR negatively.


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International Peace Support Training CentreNairobi, Kenya

ROLE OF SUB- REGIONAL ORGANIZATIONS IN PREVENTING WATER-RELATED CONFLICTS

IN THE EASTERN AFRICAN REGION

C. A. Mumma- Martinon ( PhD)

International Peace Support Training CentreP.O. Box 24232-00505, Karen Kenya

Tel No: 00254 (0) 20 883164/58Fax: 00254 (0) 83159 Email: [email protected]

www.ipstc.org

Publication Supported By The Government of Japan Through UNDP

Series 1 No. 7

Occasional Paper

Series 1

IPSTCThe International Peace Support Training Centre (IPSTC) is training and research institution whose focus is capacity building, at strategic, operational and tactical levels for peace opera-tions within the context of the African Peace and Security Architecture (APSA). The Centre endeavours to address the complexities of contemporary United Nations/African Union integrated peace support operations by exposing actors to the multidimensional nature of these operations. The training and research undertaken cuts across the broad spectrum of conflict prevention, management and post-conflict recovery. The Centre is a key training institution for the Eastern Africa Standby Force (EASF) of the African Standby force (ASF) through the necessary co-operation with partners from all over the world including, Japan, the United Kingdom, Germany, Canada, and the United States of America.

The PaperThis paper in its first section examines the importance of international water-resources and debates for water wars and against water wars, showing the significance of cooperation in managing shared water resources. It then gives specific causes and impacts of the water-related conflict within the Lake Victoria Region such as: the Migingo island; cross- border conflicts among fishermen; the water hyacinth and hydropower problems and others includ-ing: the Rivers Tana, Mara, Omo and the Nile as well as, the question of piracy and maritime security. The next section gives the roles of IGAD, EAC and ICGLR in preventing water- related conflicts in the EAR, frameworks and strategic actions, their successes and challenges. Finally, it gives policy recommendations and conclusions. Key to this paper is the argument that prevention of water- related conflicts in this region should produce results. Therefore, the subregional organizations have to be proactively engaged in preventing such conflicts.There is much that these organizations can learn from each other’s experiences in - helping to prevent water-related conflicts. It is this exchange of experiences – of successes and failures – that will help determine whether or not prevention of water related conflicts in the region will be effective, in the years to come.

The AuthorDr. C. A. Mumma Martinon is the Conflict Prevention Analyst and Head of Applied Research at International Peace Support Training Centre (IPSTC). She Holds a PhD degree in Interna-tional Conflict Management from the University of Leipzig Germany. Prior to her current employment, Dr. Mumma was a lecturer at the Institute of Peace Studies and International Relations – Hekima College. She also lectured at the Institute of Diplomacy and Interna-tional Studies – University of Nairobi University and at the National Defense College and the Defense Staff College, Karen, Nairobi. Mumma undertakes research on subjects relating to Hydro-politics in Africa, with specific refence to the Victoria and Nile Basins. At IPSTC, she is the conflict analyst in issues relating to conflict prevention and a Subject Matter Expert (SME) in Preventive Diplomacy, Conflict Analysis, Dialogue, Negotiation, and Mediation.

occasional paper - undp

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