JONGLEI CANAL: THE FLAWED LOGIC OF HYDRO-DIPLOMACY IN THE NILE BASIN.

• Author: Atem, James Maker

INTRODUCTION

For the longest period, downstream countries--Egypt and Sudan--have dominated the Nile's hydro-politics, leaving upstream countries, East African states, out of critical decision-making processes. Consequently, the problem that this study analyzes is South Sudan's role in the Nile River States' hydro-diplomacy.

The Jonglei Canal Project of South Sudan first began in 1980, though the idea of a dam on the Nile in this region predates this attempt by decades. It is located in South Sudan's Upper Nile region. It started as a hydro-construction project that aims to alter the White Nile's path as it passes through the Sudd, a marshy area. The canal's purpose is to absorb a significant amount of water that enters Sudan via this swamp and channel it quickly through the Sudd's marshes and wetlands, preventing most of the water from being lost to transpiration and evaporation en route north. However, when the North-South civil war in Sudan broke out in 1983, the canal project was temporarily halted.

According to John Garang de Mabior, the founder of the Sudanese revolution and the first president of South Sudan, the Jonglei project area is set to correspond with the administrative boundaries of the Sudd marshes in South Sudan. This area basically lies between 6' 30' and 9' 30' North Latitude and 30' 10' and 34' East Longitude. The Sobat, White Nile, and Bahr el Jebel Rivers border it on the north and west; the state of Jonglei and Eastern Equatoria border it on the south; and Ethiopia has a boundary with it on the east. The rural counties of Bor, Twic East, Duk, Pigi, Pibor, Akobo, Waat, and Fanjak are included in the Jonglei Projects Areas. Currently, this region is approximately 120,000 square kilometers (30 million acres) of swamp, grassland, and agriculture. (1)

The current proposal for the Jonglei Canal is to complete the project with funding by Egypt. This proposal has split the current South Sudanese government, with various ministries arguing for and again the proposed diversion of the Nile River. While the Jonglei Canal is intended to positively impact the Nile basin downstream, this research demonstrates that it may have detrimental consequences for the Sudd area's residents, flora and fauna, and economy. Furthermore, the Sudd wetlands and related floodplains may also shrink due to the water diversion, which will further impact the region. (2)

With the independence of South Sudan in 2011, the number of Nile riparian countries has since increased to 11, further complicating this transnational issue. Tanzania, Uganda, and Kenya share Lake Victoria, and it is here that the White Nile begins as the Victoria Nile. The Kagera River, which is the main river flowing into Lake Victoria, originates in the highlands of Burundi and Rwanda. Uganda and the Democratic Republic of Congo share the Semliki River, which flows into Lake Albert (one of the White Nile's sources) and Lake Albert itself. Eventually, the White Nile consolidates its position in the world's newest state of South Sudan. Additionally, Ethiopia, where the Blue Nile and almost all of its tributaries originate, shares sections of the Setit River, a tributary of the Atbara River. Sudan and Egypt are, admittedly, the riparian states with the lowest water levels.

The Nile River is shared by 11 states, each with varying levels of need, uses, and, ultimately, stakes. Due to their growing populations and the increased need for water everywhere--particularly for domestic use, irrigation, and the production of electricity--Egypt, Sudan, South Sudan, and Ethiopia have extremely high stakes and interests. Tanzania, Kenya, Burundi, and Rwanda have moderate stakes and interests, while Eritrea and the Democratic Republic of the Congo are assessed to have low stakes and interests. (4)

Part A--Historical Background and Context

HYDRO-DIPLOMACY

At first glance, hydro-diplomacy appears to be a simple concept. Hydro-diplomacy also known as water diplomacy, is the term for the existence of conflict or cooperation over water resources, according to Elhance, who described hydro-diplomacy as the "systematic study of conflict and cooperation between states over water resources that transcend international borders." (5) However, the definition of hydro-diplomacy should not only be limited to the interaction of sovereign states, involving only transboundary water resources. Specifically, according to Meissner, hydro-diplomacy is "the systematic research of the interaction between states, non-state actors, among other participants, both inside and outside the state, regarding the authoritative allocation and use of international and national water resources." (6)

According to Granit et al., (7) conflict and cooperation are two other key concepts that have dominated the literature on transboundary water. Both are heavily reliant on one another, as one's existence is the reason for the other's. In other words, one of them becoming a reality is the catalyst for the advent of the other. As a result, they can be considered "opposite ends of a spectrum rather than two sides of the same coin." (8) According to Hultin, conflict is the existence of a clash of interests among parties with the struggle to pursue it. (9)

Conflicts over transboundary rivers arise for various reasons. Scarcity of demanded water and equitable utilization, for example, are the primary sources of conflict in water-scarce locations like the Rhine River basin, which functions as an excellent example of historical scholarship on hydro-diplomacy. The Rhine is a European river with a variety of hydro-political features. It flows for 1,232 kilometers from the Swiss Alps to the North Sea, passing through Switzerland, France, Germany, and the Netherlands. (10) Switzerland, Italy, Austria, Liechtenstein, Germany, France, Belgium, Luxembourg, and the Netherlands are part of the Rhine's 225,000 km2 catchment region. The watershed is dominated by Switzerland, France, Germany, and the Netherlands, which account for 92 % of the Rhine River Basin area. In contrast, the remaining five basin countries account for the remaining 8%. (11) The Rhine's navigation and trade led to significant urban, agricultural, and industrial growth, including chemical, mining, pharmaceutical, and steel production. Numerous issues concerning the Rhine River have sparked debates, including over water quality, river ecology, and flooding.

In contrast, cooperative relationships between riparian states, can help to improve the situation. In the context of the Jonglei Canal basin, this would include the 11 countries that the Nile River drains. Existing legal instruments and institutions elsewhere have proven to be extremely useful in resolving disputes. (12) However, the rarity of literature that attempts to critically analyze the role of a newly independent state along the river basin creates a gap. Therefore, this research seeks to fill this gap, adding to the growing body of knowledge on resource-based conflicts.

THE JONGLEI CANAL PROJECT OF SOUTH SUDAN

Against this background, the meaning of the Nile's hydro-diplomacy merits further examination, particularly in the Republic of South Sudan's Jonglei Canal Project. Locally, according to Collins, the northern section of the Jonglei Canal, a 180 km long channel, exists in the Sudd, the enormous swamp that collects the waters of the upper White Nile in the state of Jonglei (which borders on the South with the equatorial states of South Sudan). (13) Yet geographers, historians, and archeologists have extensively examined the entire Nile Basin and its importance as a source of livelihood for the population for many years. It is one of the world's oldest sites, according to Waterbury, (14) and has been referred to as the "cradle of civilization" by writers. The Nile basin is where great ancient diplomacy and empires emerged: the Pharaonic Kingdom of Egypt, the ancient Sudanese Kingdom of Merowe, and the Aksumite of Ethiopia are all linked to the Nile basin. According to studies, the population of the Nile basin will exceed 600 million by 2050. The region is already experiencing severe water stress due to rapid population growth and global warming. Egypt and the other Nile basin countries, particularly Ethiopia and Sudan, whose countries dominate the Nile River's life, have already expressed concern about water scarcity. (15)

The Sudanese government began construction of the Canal in 1978 to divert more water from the Nile River for use in north Sudan and Egypt. (16) However, the Sudan People's Liberation Movement/Army (SPLA/M) leadership saw that as another way of robbing the South of its resources. This was notwithstanding both the environmental, humanitarian, and long-term water security consequences posed to the local population. (17)

The Canal was thus stopped in its tracks by the SPLA at the earliest months of the war. The completed Canal was intended to divert a portion of the water from entering the Sudd and send it directly for a total of 360 km, from the South to the north Sudan, from Mading-Bor to Malakal, to provide great ecological and economic benefits to downriver lands. The government of Egypt first studied the Jonglei Canal scheme in 1946, and plans were developed in 1954-59. (18) The construction work on the Canal began in 1978, but the outbreak of political instability in Sudan held up work for many years.

HISTORICAL CONTEXT

For nearly a century, Egypt and Sudan have monopolized and controlled the use of Nile waters without appropriately sharing them with the other countries through which the Nile flows. The 1929 River Nile Treaty is a hotly contested legal document that provides the exclusive right of the utilization of waters of the Nile to Egypt. The British colonial power signed it on behalf of the East African countries under protectorate. These countries were Sudan, Uganda, Kenya, and Tanzania. Another agreement was signed between the British Empire and Italy...