Cooperative Diplomacy, Regional Stability and National Interests: The Nile River and the Riparian States

2. The Democratic Republic of Congo and the Nile Cooperative Framework Agreement

PART 1 Treaties and Agreements 23 The Nile River and the riparian states CHAPTER 2 The Democratic Republic of Congo and the Nile Cooperative Framework Agreement André Mbata B. Mangu 2.1 Introduction With a total area of 2 344 885 km2 and a population of around 65 million, the Democratic Republic of Congo (DRC) is Africa’s third-largest country and one of its most densely populated nations. It gained its independence from Belgium on 30 June 1960. The DRC is bordered by nine otherAfrican countries: the Central African Republic and Sudan to the north and north-east; Uganda, Burundi, Rwanda, and Tanzania to the East; Zambia to the South; Angola to the south-west; and the Republic of Congo to the north-west. ‘Žȱȱ’œȱ‹•ŽœœŽȱ ’‘ȱ ˜ȱ–Š’—ȱ›’ŸŽ›œǯȱ‘Žȱꛜȱ’œȱ‘Žȱ˜—˜ǰȱ ‘’Œ‘ȱ’œȱ‘Žȱ˜›•ȂœȱœŽŒ˜—ȱ•Š›Žœȱ›’ŸŽ›ȱ’—ȱŽ›–œȱ˜ȱ’œŒ‘Š›ŽǰȱŒ˜–’—ȱŠĞŽ›ȱ‘Žȱ–Š£˜—ǯȱ It is 4 700 kilometres long, making it the 10th longest river in the world and‘ŽȱœŽŒ˜—ȱ’—ȱ›’ŒŠȱŠĞŽ›ȱ‘Žȱ’•Žǯȱ‘Žȱ˜—˜ȱ’ŸŽ›ȱ‘Šœȱ–Š—¢ȱ›’‹žŠ›’ŽœȱŠ—ȱ runs from the Katanga Province (south-east) to the Atlantic Ocean in the BasCongo Province (south-west) via the Province of Maniema (east), the Province Orientale (north-east), the Equateur Province (north-west), and to the west, the Bandundu Province and Kinshasa, the capital. Of the DRC’s 10 provinces,‘Žȱ˜—˜ȱ̘ œȱ‘›˜ž‘ȱŠ••ȱŽ¡ŒŽ™ȱ˜›ȱ ŠœŠ’ȬŒŒ’Ž—Š•ȱŠ—ȱ ŠœŠ’Ȭ›’Ž—Š• (centre). The second main river in the DRC is the Nile, which has one of its sources in the eastern DRC at the borders with Burundi, Rwanda and Uganda. The ȱ•’Žœȱ˜—ȱ‘Žȱœ˜ž‘Ȭ ŽœŽ›—ȱ›’—Žœȱ˜ȱ‘Žȱ’•Žȱ’ŸŽ›ȱŠœ’—ǯȱ‘’œȱšžŠ•’ęŽœȱ the DRC as a riparian state member of the Nile River Basin (NRB), together with nine other African states, namely Burundi, Egypt, Eritrea, Ethiopia, Kenya, Rwanda, Sudan, Tanzania and Uganda. Once independent, Southern Sudan is expected to become the tenth member state of the NRB. However, the Nile portion constitutes less than two per cent of the DRC’s land era and the Nile water is only a small part of its total water resources.1 Accordingly, unlike countries such as Burundi, Rwanda, Uganda, Sudan and Egypt, which completely depend on the Nile River for their water resources, the DRC has abundant water resources and mainly depends on the Congo. 24 The Democratic Republic of Congo and the Nile Cooperative Framework Agreement Africa Institute of South Africa PART 1 Treaties and Agreements As stressed in the Nile Cooperative Framework Agreement (CFA), the Nile River is important to the economic and social well being of the people of the states of the NRB. Its natural resources and environment are assets of immense value to all the riparian countries. During colonisation, the Belgian colonial–ŠœŽ›œȱ˜ȱ‘ŽȱȱœŠ ȱ•’Ĵ•Žȱ’—Ž›Žœȱ’—ȱ‘Žȱ’•Žǯȱ‘Ž¢ȱ•ŽĞȱ’ȱ˜ȱ‘Žȱ›’’œ‘ǰȱ who colonised Egypt, Sudan and much of East Africa, including Uganda, Kenya and Tanzania. Two major treaties were concluded on the Nile during‘ŽȱŒ˜•˜—’Š•ȱŽ›Šǯȱ‘Žȱꛜȱ Šœȱ‘ŽȱŗşŘşȱ›ŽŠ¢ȱ‹Ž ŽŽ—ȱ¢™ȱŠ—ȱ›’Š’—ȱ’—ȱ‘Žȱ—Š–Žȱ˜ȱ‘Žȱ•ŠĴŽ›Ȃœȱ’•Žȱž™œ›ŽŠ–ȱŒ˜•˜—¢ǯȱ‘’œȱ›ŽŠ¢ȱ›ŽœŽ›ŸŽȱ–˜œȱ˜ȱ the Nile River for Egypt. It was replaced with the 1959 Egypt-Sudan treaty, which increased the share of the Nile waters of Sudan, but did not consider the interests of other Nile upstream riparian states. Belgium as the colonial power was not a party to any of these treaties. ž›’—ȱ‘Žȱꛜȱ‘›ŽŽȱŽŒŠŽœȱ˜ȱ’œȱ’—Ž™Ž—Ž—ŒŽǰȱ‘Žȱȱœ‘˜ Žȱ•’Ĵ•Žȱ interest in the NRB. The interest in the NRB only started growing in the 1990s.—ȱŗşşŘǰȱ‘Žȱ˜ž—Œ’•ȱ˜ȱ’—’œŽ›œȱǻǼȱ˜ȱŠŽ›ȱ슒›œȱ˜ȱ‘Žȱ’•Žȱ’ŸŽ›ȱ Basin states launched an initiative to promote cooperation and development’—ȱ‘Žȱǯȱ —ȱŗşşřǰȱ‘ŽȱŽŒ‘—’ŒŠ•ȱ˜˜™Ž›Š’˜—ȱ˜––’ĴŽŽȱ˜›ȱ‘Žȱ›˜–˜’˜—ȱ of the Development and Environmental Protection of the Nile River Basin (TECCONILE) was formed. The DRC was one of the six riparian states that joined as members (the others being Egypt, Rwanda, Sudan, Tanzania and Uganda); the other four riparian states (Burundi, Ethiopia, Kenya and Eritrea) participated as observers. The DRC participated actively in the Nile River Basin Initiative (NBI) when it was launched in May 1999.2 The NBI is a partnership initiated and led by the Nile River riparian states through Nile-COM. It seeks to develop the river in a cooperative manner, shareœž‹œŠ—’Š•ȱœ˜Œ’˜ȬŽŒ˜—˜–’Œȱ‹Ž—ŽęœȱŠ—ȱ™›˜–˜Žȱ›Ž’˜—Š•ȱ™ŽŠŒŽȱŠ—ȱœŽŒž›’¢ǯ3 Nile-TAC is its advisory and technical arm; Nile-SEC is the administrative arm, tasked with supporting the activities of Nile-COM and Nile-TAC. One of the primary goals of the NRB states within the NBI was to sign a treaty by 2009 that would create a permanent Nile River Commission, an international organisation with legal authority to control the development and allocation of the river and enforce the NBI’s decisions. Š’—œȱ‘’œȱ‹ŠŒ”›˜ž—ǰȱ‘’œȱŒ‘Š™Ž›ȱ›ŽĚŽŒœȱ˜—ȱ‘ŽȱȂœȱ™˜œ’’˜—ȱ˜—ȱ the CFA and the 1929 Egypt-Britain and 1959 Egypt-Sudan agreements that™›ŽŒŽŽȱ’ǯȱ ˜ ŽŸŽ›ǰȱ˜ȱ‹ŽĴŽ›ȱž—Ž›œŠ—ȱ‘’œȱ™˜œ’’˜—ǰȱ˜—Žȱ—ŽŽœȱ˜ȱŽ¡Š–’—Žȱ the place of international conventions under domestic Congolese law and the law of succession to treaties concluded by the DRC’s former colonial power, Belgium. 25 André Mbata B. Mangu The Nile River and the riparian states PART 1 Treaties and Agreements 2.2 International Conventions under the DRC’s Constitutional LawandSuccessionofIndependentDRCtoTreatiesEntered into by...