Agreement on the Nile River Basin Cooperative Framework

Agreement on the Nile River Basin Cooperative Framework

Source: http://www.internationalwaterlaw.org/documents/regionaldocs/Nile_River_B..., downloaded 20130710

Agreement on the Nile River Basin Cooperative Framework

Preamble

The States of the Nile River Basin,

Affirming the importance of the Nile River to the economic and social well-being of the peoples of the States of the Nile River Basin,

Motivated by the desire to strengthen their cooperation in relation to the Nile River, a great and vital natural resource which binds them together, and in relation to the sustainable development of the Nile River Basin,

Recognizing that the Nile River, its natural resources and environment are assets of immense value to all the riparian countries,

Convinced that a framework agreement governing their relations with regard to the Nile River Basin will promote integrated management, sustainable development, and harmonious utilization of the water resources of the Basin, as well as their conservation and protection for the benefit of present and future generations,

Convinced also that it is in their mutual interest to establish an organization to assist them in the management and sustainable development of the Nile River Basin for the benefit of all,

Mindful of the global initiatives for promoting cooperation on integrated management and sustainable development of water resources,

Have agreed as follows:

Article 1

Scope of the Present Framework

The present Framework applies to the use, development, protection, conservation and management of the Nile River Basin and its resources and establishes an institutional mechanism for cooperation among the Nile Basin States.

Article 2

Use of Terms

For the purposes of the present Cooperative Framework Agreement:

(a) “Nile River Basin” means the geographical area determined by the watershed limits of the Nile River system of waters; this term is used where there is reference to environmental protection, conservation or development;

(b) “Nile River system” means the Nile River and the surface waters and groundwaters which are related to the Nile River; this term is used where there is reference to utilization of water;

(c) “Framework” means the present Cooperative Framework Agreement;

(d) “State of the Nile River Basin”, “Nile Basin State” or “Basin state” means a State party to the present Framework in whose territory part of the Nile River Basin is situated;

(e) “The Commission” means the Nile River Basin Commission established under Part III of the present Framework;

(f) “Water security” means the right of all Nile Basin States to reliable access to and use of the Nile River system for health, agriculture, livelihoods, production and environment.

PART I. GENERAL PRINCIPLES

Article 3

General Principles

The Nile River System and its waters shall be protected, used, conserved and developed in accordance with the following general principles.

1. Cooperation

The principle of cooperation between States of the Nile River Basin on the basis of sovereign equality, territorial integrity, mutual benefit and good faith in order to attain optimal utilization and adequate protection and conservation of the Nile River Basin and to promote joint efforts to achieve social and economic development.

2. Sustainable development

The principle of sustainable development of the Nile River Basin.

3. Subsidiarity

The principle of subsidiarity, whereby development and protection of the Nile River Basin water resources is planned and implemented at the lowest appropriate level.

4. Equitable and reasonable utilization

The principle of equitable and reasonable utilization of the waters of the Nile River System.

5. Prevention of the causing of significant harm

The principle of preventing the causing of significant harm to other States of the Nile River Basin.

6. The right of Nile Basin States to use water within their territories

The principle that each Nile Basin State has the right to use, within its territory, the waters of the Nile River System in a manner that is consistent with the other basic principles referred to herein.

7. Protection and conservation

The principle that Nile Basin States take all appropriate measures, individually and, where appropriate, jointly, for the protection and conservation of the Nile River Basin and its ecosystems.

8. Information concerning planned measures

The principle that the Nile Basin States exchange information on planned measures through the Nile River Basin Commission.

9. Community of interest

The principle of the community of interest of the Nile Basin States in the Nile River System.

10. Exchange of data and information

The principle of the regular and reciprocal exchange among States of the Nile River Basin of readily available and relevant data and information on existing measures and on the condition of water resources of the Basin, where possible in a form that facilitates its utilization by the States to which it is communicated.

11. Environmental impact assessment and audits

The principle of environmental impact assessment and audits.

12. Peaceful resolution of disputes

The principle of the peaceful resolution of disputes.

13. Water as a finite and vulnerable resource

The principle that fresh water is a finite and vulnerable resource, essential to sustain life, development and the environment, and must be managed in an integrated and holistic manner, linking social and economic development with protection and conservation of natural ecosystems.

14. Water has social and economic value

The principle that water is a natural resource having social and economic value, whose utilization should give priority to its most economic use, taking into account the satisfaction of basic human needs and the safeguarding of ecosystems.

15. Water security

The principle of water security for all Nile Basin States.

PART II. RIGHTS AND OBLIGATIONS

Article 4

Equitable and reasonable utilization

1. Nile Basin States shall in their respective territories utilize the water resources of the Nile River system and the Nile River Basin in an equitable and reasonable manner. In particular, those water resources shall be used and developed by Nile Basin States with a view to attaining optimal and sustainable utilization thereof and benefits therefrom, taking into account the interests of the Basin States concerned, consistent with adequate protection of those water resources. Each Basin State is entitled to an equitable and reasonable share in the beneficial uses of the water resources of the Nile River system and the Nile River Basin.

2. In ensuring that their utilization of Nile River system water resources is equitable and reasonable, Nile Basin States shall take into account all relevant factors and circumstances, including but not limited to the following:

a. Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character.

b. The social and economic needs of the Basin States concerned;

c. The population dependent on the water resources in each Basin State;

d. The effects of the use or uses of the water resources in one Basin State on other Basin States;

e. Existing and potential uses of the water resources;

f. Conservation, protection, development and economy of use of the water resources and the costs of measures taken to that effect;

g. The availability of alternatives, of comparable value, to a particular planned or existing use;

h. The contribution of each Basin State to the waters of the Nile River system;

i. The extent and proportion of the drainage area in the territory of each Basin State.

3. In the application of paragraphs 1 and 2 above, the Nile Basin States concerned shall, when the need arises, enter into consultations in a spirit of cooperation.

4. The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole.

5. Nile Basin States shall, in their respective territories, according to their national laws and regulations, keep the status of their water utilization under review in light of substantial changes in relevant factors and circumstances.

6. Nile Basin States shall observe the rules and procedures established by the Nile River Basin Commission for the effective implementation of equitable and reasonable utilization.

ARTICLE 5

Obligation not to cause significant harm

1. Nile Basin States shall, in utilizing Nile River System water resources in their territories, take all appropriate measures to prevent the causing of significant harm to other Basin States.

2. Where significant harm nevertheless is caused to another Nile Basin State, the States, whose use causes such harm shall, in the absence of agreement to such use, take all appropriate measures, having due regard to the provisions of Article 4 above, in consultation with the affected State, to eliminate or mitigate such harm and, where appropriate, to discuss the question of compensation.

Article 6

Protection and conservation of the Nile River Basin and its ecosystems

1. Nile Basin States shall take all appropriate measures, individually and, where appropriate, jointly, to protect, conserve and, where necessary, rehabilitate the Nile River Basin and its ecosystems, in particular, by:

(a) protecting and improving water quality within the Nile River Basin,

(b) preventing the introduction of species, alien or new, into the Nile River system which may have effects detrimental to the ecosystems of the Nile River Basin;

(c) protecting and conserving biological diversity within the Nile River Basin;

(d) protecting and conserving wetlands within the Nile River Basin; and

(e) restoring and rehabilitating the degraded natural resource base.

2. Nile Basin States shall, through the Nile River Basin Commission, take steps to harmonize their policies in relation to the provisions of this article.

ARTICLE 7

Regular exchange of data and information

1. In pursuance of their cooperation concerning the use, development and protection of the Nile River Basin and its water resources, Nile Basin States shall on a regular basis exchange readily available and relevant data and information on existing measures and on the condition of water resources of the Basin, where possible in a form that facilitates its utilization by the States to which it is communicated.

2. If a Nile Basin State is requested by another Basin State to provide data or information that is not readily available, it shall employ its best efforts to comply with the request but may condition its compliance upon payment by the requesting State of the reasonable costs of collecting and, where appropriate, processing such data or information.

3. In the implementation of their obligations under Paragraph 1 and 2, Nile Basin States agree to observe procedures to be developed by the Nile River Basin Commission.

ARTICLE 8

Planned measures

1. Nile Basin States agree to exchange information through the Nile River Basin Commission.

2. Nile Basin States shall observe the rules and procedures established by the Nile River Basin Commission for exchanging information concerning planned measures.

ARTICLE 9

Environmental impact assessment and audits

1. For planned measures that may have significant adverse environmental impacts, Nile Basin States shall, at an early stage, undertake a comprehensive assessment of those impacts with regard to their own territories and the territories of other Nile Basin States.

2. The criteria and procedures for determining whether an activity is likely to have significant adverse environmental impacts shall be developed by the Nile River Basin Commission.

3. Where circumstances so warrant, according to criteria to be developed by the Nile River Basin Commission, a Nile Basin State that has implemented measures of the kind referred to in paragraph 1 shall conduct an audit of the environmental impacts of those measures. That State shall enter into consultations relating to the audit with Nile Basin States affected by the measures on their request.

4. The Commission, taking into account national legislation of the Nile Basin States, shall adopt criteria for carrying out audits of measures existing at the date of the entry into force of this Framework.

5. Nile Basin States shall carry out audits of measures existing at the date of the entry into force of this Framework in accordance with national legislation and under criteria adopted under this Framework.

Article 10

Subsidiarity in the development and protection of the Nile River Basin

In planning and implementing a project pursuant to the principle of subsidiarity set forth in Article 3(3) , Nile Basin States shall:

(a) allow all those within a State who will or may be affected by the project in that State to participate in an appropriate way in the planning and implementation process;

(b) make every effort to ensure that the project and any related agreement is consistent with the basin-wide framework.

Article 11

Prevention and mitigation of harmful conditions

Nile Basin States shall, individually and, where appropriate, jointly through cost-sharing by the Nile Basin State or States that may be affected, make every effort to take all appropriate measures to prevent or mitigate conditions related to the Nile River System that may be harmful to other Nile Basin States, whether resulting from human conduct or natural causes, such as flood conditions, invasive water weeds, water-borne diseases, siltation (silting), erosion, drought or desertification. In implementing this provision, Nile Basin States shall take into account guidelines to be developed by the Nile River Basin Commission.

Article 12

Emergency Situations

1. For the purposes of this provision, “emergency” means a situation that causes, or poses an imminent threat of causing, serious harm to Nile Basin States or other States and that results suddenly from natural causes, such as floods, landslides or earthquakes, or from human conduct, such as industrial accidents.

2. A Nile Basin State shall, without delay and by the most expeditious means available, notify other potentially affected States and competent international organizations of any emergency originating in its territory.

3. A Nile Basin State within whose territory an emergency originates shall, in cooperation with potentially affected States and, where appropriate, competent international organizations, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency.

4. When necessary, Nile Basin States shall jointly develop contingency plans for responding to emergencies, in cooperation, where appropriate, with other potentially affected States and competent international organizations.

Article 13

Protection of the Nile River Basin and related installations in time of armed conflict

The Nile River System and related installations, facilities and other works, as well as installations containing dangerous forces in the Nile River Basin, shall enjoy the protection accorded by the principles and rules of international law applicable in international and non-international armed conflict, in particular rules of international humanitarian law, and shall not be used in violation of those principles and rules.

Article 14

Water Security

Having due regard to the provisions of Articles 4 and 5, Nile Basin States recognize the vital importance of water security to each of them. The States also recognize that the cooperation management and development of waters of the Nile River System will facilitate achievement of water security and other benefits. Nile Basin States therefore agree, in a spirit of cooperation:

(a) to work together to ensure that all states achieve and sustain water security;

(b) … the unresolved Article 14(b) is annexed to be resolved by the Nile River Basin Commission within six months of its establishment. (footnote)

PART III. INSTITUTIONAL STRUCTURE

SECTION A. THE NILE RIVER BASIN COMMISSION

Article 15

Establishment

The Nile River Basin Commission is hereby established by the Nile River Basin States.

Article 16

Purpose and Objective

The purpose and objective of the Commission is:

(a) To promote and facilitate the implementation of the principles, rights and obligations provided for in the present Framework.

(b) To serve as an institutional framework for cooperation among Nile Basin States in the use, development, protection, conservation and management of the Nile River Basin and its waters.

(c) To facilitate closer cooperation among the States and peoples of the Nile River Basin in the social, economic and cultural fields.

Article 17

Organs

The Commission is comprised of:

(a) Conference of Heads of State and Government

(b) Council of Ministers

(c) Technical Advisory Committee

(d) Sectoral Advisory Committees

(e) Secretariat

Article 18

Headquarters

The headquarters of the Commission shall be situated in Entebbe, Uganda.

Article 19

Legal Status

1. The Commission is established as an intergovernmental organization and shall enjoy international legal personality, with such legal capacity as may be necessary for the performance of its functions, in particular, the capacity to enter into agreements, to incur obligations, to receive donations, and to sue and be sued in its own name.

2. The Commission and its officials shall, in the territory of each Nile Basin State, enjoy such privileges and immunities as are necessary for the performance of their functions under this Framework.

3. The privileges and immunities referred to under this article shall be provided for in detail in a Protocol to this Framework.

SECTION B. THE CONFERENCE OF HEADS OF STATE AND GOVERNMENT

Article 20

Structure and Procedures

1. The Conference of Heads of State and Government (“the Conference”) is composed of Heads of State and Government of Nile Basin States.

2. The Conference shall establish its own rules and procedures.

Article 21

Functions

The Conference shall be the supreme policy-making organ of the Commission.

SECTION C. THE COUNCIL OF MINISTERS

Article 22

Structure

The Council of Ministers (the “Council”) shall be composed of the Minister for Water Affairs of each Nile Basin State and other ministers according to the agenda of the Commission.

Article 23

Procedures

1. Except as otherwise provided, the Council shall establish its own rules and procedures.

2. The Council shall convene once a year in regular session and in special session at the request of any Nile Basin State.

3. Unless the Council decides otherwise, the venue of regular sessions shall rotate among the Nile Basin States in alphabetical order, in English. The venue of a special session shall be the same as that of the preceding regular session.

4. Regular sessions shall be chaired by the Nile Basin State in which they are held. Special sessions shall be chaired by the State that chaired the next preceding regular session.

5. Decisions of the Council shall be taken by consensus.

6. Decisions of the Council are binding on all Nile Basin States.

Article 24

Functions

1. The Council is the governing body of the Commission. It may refer matters to the Conference of Heads of State for decision.

2. The Council serves as a forum for discussion of matters within the scope of its functions and the Framework.

3. The Council oversees the effective implementation of the Framework.

4. The Council may establish, and assign responsibilities to any ad hoc committees it considers to be necessary for the proper fulfillment of its functions.

5. The Council adopts, keeps under review and revises as necessary, plans for the coordinated, integrated, and sustainable management and development of the Nile River Basin.

6. The Council approves the annual work programs of the Commission.

7. The Council ensures the financial sustainability of the Commission.

8. The Council approves rules and procedures governing the operations of the Technical Advisory Committee, Sectoral Advisory Committees, and the Secretariat, as well as its work program and financial and staff regulations.

9. The Council appoints the Executive Secretary and other senior staff of the Commission.

10. The Council makes determinations concerning the staffing and organizational structure of the Secretariat.

11. The Council adopts, keeps under review and revises as necessary, rules, procedures, guidelines and criteria for the implementation of the provisions of this Framework.

12. The Council examines and makes decisions regarding the determination of equitable and reasonable use of water in each riparian country taking into consideration the factors provided in Article 4, paragraph 2.

13. At the request of the States concerned, the Council addresses questions and differences that may arise between Nile Basin States concerning the interpretation or application of the Framework. It may make recommendations to the States concerned with regard to such questions and differences.

14. The Council promotes the full and effective application of the Framework.

15.The Council decides upon a sliding scale of contributions of Nile Basin States for the financing of the budget of the Commission, and approves the budget of the Commission.

16.Where appropriate, the Council decides upon formulas for cost and benefit sharing by Nile Basin States in respect of particular joint projects within the Nile River Basin.

17. The Council performs such other functions in the effectuation of the purposes of the Commission as it may decide.

SECTION D. THE TECHNICAL ADVISORY COMMITTEE

Article 25

Structure and Procedures

1. The Technical Advisory Committee (the “TAC”) shall be composed of two members from each Nile Basin State who shall be senior officials. Delegates may bring other experts to meetings of the TAC as necessary to deal with special questions.

2. The TAC may establish specialized Working Groups to deal with matters within its competence.

3. The TAC shall convene twice a year in regular session, and in special session if and as the Council, through its Chair, so requests. Unless otherwise decided, the venue for sessions shall be the headquarters of the Commission.

4. The TAC shall propose, for the approval of the Council, its own rules and procedures.

Article 26

Functions

1. The TAC shall prepare for the consideration of the Council cooperative programs for the integrated and sustainable management and development of the Nile River Basin.

2. On the basis of reports from the Secretariat, the TAC shall make recommendations to the Council concerning annual work programs and budget of the Commission.

3. The TAC shall propose to the Council rules, procedures, guidelines and criteria provided for in this Framework.

4. The TAC shall make recommendations to the Council on the implementation of the provisions of this Framework.

5. The TAC shall make recommendations to the Council on decisions regarding the determination of equitable and reasonable use of water in each riparian country taking into consideration the factors provided in Article 4, paragraph 2.

6. The TAC shall advise the Council on technical matters relating to the use, development, protection, conservation and management of the Nile River Basin and the Nile River System, including protection from drought and floods.

7. The TAC shall make proposals to the Council concerning appointment of the Executive Secretary and senior technical staff of the Secretariat, and supervises the Secretariat.

8. The TAC shall make recommendations to the Council concerning rules and procedures governing the operations of the Secretariat, as well as its work program.

9. When directed to do so by the Council, the TAC shall make recommendations to the Council concerning the modification of the Framework or the elaboration of protocols.

10. The TAC shall perform such other functions as may from time to time be assigned to it by the Council.

SECTION E. SECTORAL ADVISORY COMMITTEES

Article 27

Structure and Procedures

1. Sectoral Advisory Committees (“SACs”) may be established by the Council to deal with specific sectoral matters within the competence of the Commission.

2. Unless the Council decides otherwise, a SAC shall be composed of one member from each Nile Basin State who is an expert in the field of activity of the SAC in question.

3. SACs shall be governed by the rules and procedures applicable to the TAC, mutatis mutandis.

4. The Council may establish a SAC charged with establishing linkage between sub-basin organizations and the Commission.

Article 28

Functions

SACs shall discharge the tasks assigned to them by the Council.

SECTION F. THE SECRETARIAT

Article 29

Structure

1. The Secretariat shall be headed by an Executive Secretary who shall be appointed for a three year term by the Council.

2. The Executive Secretary shall be accountable to the Council through the TAC.

3. The Executive Secretary and the officials of the Secretariat shall enjoy in Nile Basin States the privileges and immunities necessary for the performance of their functions.

4. The staff and structure of the Secretariat shall be determined by the Council on the recommendation of the TAC, taking into account the principle of geographic distribution.

5. The office of the Secretariat shall be situated at the Headquarters of the Commission.

Article 30

Functions

1. The Executive Secretary shall represent the Commission as to matters specified in the rules and procedures governing its operations and in particular in its relations with international and bilateral assistance institutions and with any Nile sub-basin institutions or arrangements.

2. The Secretariat shall serve as the secretariat for meetings of all organs of the Commission.

3. The Executive Secretary shall be responsible for the administration and finances of the Commission.

4. The Executive Secretary shall prepare, taking into account any information provided by National Nile Focal Point Institutions, and shall submit reports to the TAC concerning the annual work programs of the Commission.

5. The Executive Secretary shall prepare a proposed budget of the Commission and submits it to the TAC.

6. The Executive Secretary shall be responsible for the carrying out of studies and the performance of other activities proposed by the TAC and authorized by the Council. The Executive Secretary may engage consultants with the approval of the TAC to assist in the performance of these functions.

7. The Secretariat shall assist the TAC with the preparation of a plan for the coordinated, integrated, and sustainable management and development of the Nile River Basin.

8. The Secretariat shall provide other assistance to all organs of the Commission, on their request, concerning matters related to the discharge of their functions.

9. The Secretariat shall compile available data and information and coordinates monitoring of information relating to the Nile Basin, including information concerning water resources, the environment and socio-economic matters, reviews and synthesizes the information with a view to integrating it into basin-wide databases and establishing standards, and develops mechanisms for the regular exchange of information where needed.

10. The Secretariat shall receive reports from sub-basin organizations and transmits the reports to TAC for its consideration.

11. The Secretariat shall perform any other functions assigned to it by the TAC.

SECTION G.

SUCCESSION OF THE NILE RIVER BASIN COMMISSION TO THE NILE BASIN INITIATIVE

Article 30

Succession

Upon the entry into force of this Framework the Commission shall succeed to all rights, obligations and assets of the Nile Basin Initiative (NBI).

PART IV. SUBSIDIARY INSTITUTIONS

Article 31

Sub-Basin organizations and arrangements

1. Nile Basin States shall recognize the utility of sub-basin organizations and arrangements.

2. The parties to the Framework that are also members of sub-basin organizations or arrangements shall undertake to ensure that the purposes, functions and activities of such organizations and arrangements are consistent with those of the Nile River Basin Commission and with the principles and rules set out in, or adopted under, the Framework.

3. The parties to the Framework that are also members of sub-basin organizations or arrangements further undertake to ensure that such organizations or arrangements work in close cooperation with the Nile River Basin Commission.

4. The Nile River Basin Commission shall maintain regular contact, and shall cooperate closely, with any sub-basin organization or arrangement.

Article 32

National Nile Focal Point Institutions

1. Each Nile Basin State shall establish or designate a National Nile Focal Point Institution and notify the Commission thereof.

2. The function of National Nile Focal Point Institutions shall serve as national focal points for the Commission with regard to matters within the competence of the Commission.

PART V. MISCELLANEOUS PROVISIONS

Article 33

Settlement of disputes

1. In the event of a dispute between two or more Nile Basin States concerning the interpretation or application of the present Framework, the States concerned shall, in the absence of an applicable agreement between them, seek a settlement of the dispute by peaceful means in accordance with the following provisions:

a. If the States concerned cannot reach agreement by negotiation requested by one of them, they may jointly seek good offices, or request mediation or conciliation by, the Nile River Basin Commission or other third party, or agree to submit the dispute to arbitration, in accordance with procedures to be adopted by the Council, or to the International Court of Justice.

b. If after six months from the time of the request for negotiations referred to in paragraph 2, the States concerned have not been able to settle their dispute through negotiation or any other means referred to in paragraph 2, the dispute shall be submitted, at the request of any of the parties to the dispute, to impartial fact-finding in accordance with the Annex on the fact-finding Commission, unless the States concerned otherwise agree.

Article 34

Supplementary instruments

1. Nile Basin States may adopt bilateral or multilateral instruments that supplement the present Framework, concerning portions of the Nile River Basin or the Nile River system, such as sub-basins and tributaries, or concerning individual projects or programs relating to the Nile River Basin or the Nile River system, or portions thereof.

2. The supplementary instruments referred to in paragraph 1 shall apply the principles of the present Framework to the subject matter of those instruments.

3. Any other instruments or arrangements entered into by the Nile Basin States shall not be inconsistent with the provisions of the present Framework.

4. Supplementary instruments may be adopted as Protocols to the present Framework by consensus by Nile Basin States.

PART VI. FINAL CLAUSES

Article 35

Amendment of the Framework or Protocols

1. Amendments to this Framework may be proposed by any State Party. Amendments to any protocol may be proposed by any State to that protocol.

2. Amendments to this Framework shall be adopted at a meeting of the State Parties. Amendments to any protocol shall be adopted at a meeting of the State Parties to the Protocol in question.

3. Articles 1, 2, 3, 4, 5, 8, 9, 14 Water Security, 23, 24, 33, and 34 of the present Framework may be amended only by consensus. As to proposed amendments to other articles or to any protocol, the Parties shall make every effort to reach agreement by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a two-thirds majority vote of the State Parties to the instrument in question present and voting at the meeting, and shall be submitted by the Depositary to all State Parties for ratification, acceptance or approval.

Article 36

Adoption and Amendment of Annexes

1. The annexes to this Framework or to any protocol shall form an integral part of the Framework or of such protocol, as the case may be, and, unless expressly provided otherwise, a reference to this Framework or its protocols constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to procedural, scientific, technical and administrative matters agreed upon by the parties.

2. Except as may be otherwise provided in any protocol with respect to its annexes, the following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Framework or of annexes to any protocol:

(a) Annexes to this Framework or to any protocol shall be proposed and adopted according to the procedure laid down in Article 35. In particular, any annex relating to one of the articles listed in paragraph 3 of Article 35, which may be amended only by consensus, must be adopted by consensus;

(b) Any Party that is unable to approve an additional annex to this Framework or an annex to any protocol to which it is Party shall so notify the Depositary, in writing, within one year from the date of the communication of the adoption by the Depositary. The Depositary shall without delay notify all Parties of any such declaration of objection received. A Party may at any time withdraw a previous declaration of objection and the annexes shall thereupon enter into force for that Party subject to subparagraph (c) below;

(c) On the expiry of one year from the date of the communication of the adoption by the Depositary, the annex shall enter into force for all Parties to this Framework or to any protocol concerned which have not submitted a notification in accordance with the provisions of subparagraph (b) above.

3. The proposal, adoption and entry into force of amendments to annexes to this Framework or to any protocol shall be subject to the same procedure as for the proposal, adoption and entry into force of annexes to the Framework or annexes to any protocol.

4. If an additional annex or an amendment to an annex is related to an amendment to this Framework or to any protocol, the additional annex or amendment shall not enter into force until such time as the amendment to the Framework or to the protocol concerned enters into force.

Article 37

Relationship between this Framework and Its Protocols

1. A State may not become a party to a protocol to this Framework unless it is, or becomes at the same time, a party to this Framework.

2. Decisions under any protocol shall be taken only by the Parties to the protocol concerned. Any Nile Basin State that has not ratified a protocol may participate as an observer in any meeting of the parties to that protocol.

Article 38

Reservations

No reservations may be made to this Framework.

Article 39

Withdrawal

1. At any time after two years from the date on which this Framework has entered into force for a State Party, that State Party may withdraw from the Framework by giving written notification to the Depositary.

2. Any such withdrawal shall take place upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal, during which period the notifying State shall continue to be bound by the Framework.

3. Any State Party which withdraws from this Framework shall be considered as also having withdrawn from any protocol and annex to which it is party.

4. Any State Party which withdraws from this Framework shall, before withdrawing, settle its outstanding obligations thereunder.

5. The provisions of this article shall apply to withdrawal from protocols to the Framework.

Article 40

Signature

The present Framework shall be open for signature by all States in whose territory part of the Nile River Basin is situated, from 1st of August 2009 to 1st of August 2011 in Entebbe, Uganda.

Article 41

Ratification or Accession The present Framework is subject to ratification or accession by all States in whose territory part of the Nile River Basin is situated. The instruments of ratification or accession shall be deposited with the African Union.

Article 42

Entry into Force

The present Framework shall enter into force on the sixtieth day following the date of the deposit of the sixth instrument of ratification or accession with the African Union.

Article 43

Authentic Texts, Depositary

The original of the present Framework, of which the English and French texts are equally authentic, shall be deposited with the African Union, which shall send certified true copies thereof to the State Parties.

Article 44

Functions of the Depositary

The Depositary shall, in particular, inform the State Parties:

(a) Of the deposit of instruments of ratification or accession, or of any other information, declarations or other instruments provided for in the present Framework.

(b) Of the date of the entry into force of the present Framework.

IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed the present Framework.

Done at ________, this 14th day of May 2010.

[Signed by: Ethiopia, Tanzania, Rwanda and Uganda]

Name, title and Ministry, Burundi

Name, title and Ministry, D.R. Congo

Name, title and Ministry, Egypt

Name, title and Ministry, Eritrea

Name, title and Ministry, Ethiopia

Name, title and Ministry, Kenya

Name, title and Ministry, Rwanda

Name, title and Ministry, Sudan

Name, title and Ministry, Tanzania

Name, title and Ministry, Uganda

Annex

Fact-Finding Commission

1. A Fact-finding Commission shall be established, composed of one member nominated by each State concerned and in addition a member not having the nationality of any of the States concerned chosen by the nominated members who shall serve as Chairman.

2. If the members nominated by the States are unable to agree on a Chairman within three months of the request for the establishment of the Commission, any State concerned may request the Chairperson of the Commission of the African Union (AU) to appoint the Chairman who shall not have the nationality of any of the parties to the dispute or of any of the Nile Basin States concerned. If one of the States fails to nominate a member within three months of the initial request pursuant to paragraph 2 of Article 33 above, any other State concerned may request the Chairperson of the AU Commission to appoint three persons who shall not have the nationality of any of the parties to the dispute or of any of the Nile Basin States concerned.

3. The Commission shall determine its own procedure.

4. The States concerned have the obligation to provide the Commission with such information as it may require and, on request, to permit the Commission to have access to their respective territory and to inspect any facilities, plant, equipment, construction or natural feature relevant for the purpose of its inquiry.

5. The Commission shall adopt its report by a majority vote and shall submit that report to the States concerned setting forth its findings and the reasons therefore and such recommendations as it deems appropriate for an equitable solution of the dispute, which the States concerned shall consider in good faith.

6. The expenses of the Commission shall be borne equally by the States concerned.

Annex on Article 14(b) to be resolved by the Nile River Basin Commission within six months of its establishment

At the end of the negotiations, no consensus was reached on Article 14(b) which reads as follows: not to significantly affect the water security of any other Nile Basin State, all countries agreed to this proposal except Egypt and Sudan.

Egypt proposed that Article 14(b) should be replaced by the following wording:

(b) not to adversely affect the water security and current uses and rights of any other Nile Basin State.

The Extraordinary Meeting of the Nile Council of Ministers held in Kinshasa, the Democratic Republic of Congo, on 22 May 2009 resolved that the issue on the Article 14(b) be annexed and resolved by the Nile River Basin Commission within six months of its establishment.