Cooperative Framework Agreement

The intended scope of the Treaty and use of terms are defined in Articles 1 and 2.  The remainder of the text is divided into six parts on

• General principles,
• Rights and obligations
• Institutional structure and role of the Nile River Basin Commission (NRBC),
• Subsidiary institutions,
• Miscellaneous provisions, and  
• Final clauses.

Part I of the text includes to a large part well established customary principles of international water law; the principle of equitable and reasonable utilization, the obligation not to cause significant harm, and the principle of protection and conservation of the river's ecosystem.  The principles outlined in Part I serve as guidance to countries on how to implement the Treaty and how to manage and develop the River's resources in a sustainable manner.

Part II of the text outlines specific rights and obligations of State Parties, including obligations to regularly exchange data and information, to notify planned measures and to observe the subsidiarity principle in development and protection of the Nile.  Detailed notification procedures would be developed by the NRBC.  State Parties would be under an obligation to carry out environmental impact assessments for planned measures that may have significant adverse affect, and to conduct environmental audits of these measures where this is warranted by the circumstances.  The unresolved parts of Article 14, which addresses the issue of water security for all Nile Basin States, have been annexed to the Treaty.  The NRBC would be mandated with seeking a resolution on the terms of the article within six months of its establishment.

The establishment of the Nile River Basin Commission is envisaged in Part III of the Treaty text.  It would comprise the following organs; the Conference of Heads of State and Government, the Council of Ministers, the Technical Advisory Committee, Sectoral Advisory Committees, and the Secretariat.  The NRBC would succeed to the rights, obligations and assets of the NBI.  The possibility to establish subsidiary institutions is provided for in Part IV of the Treaty.

Part V outlines the procedures by which disputes that might arise from the implementation and application of the Treaty would be settled. Furthermore, it envisages the establishment of bilateral or plurilateral instruments (agreements) that would supplement the CFA.

Part VI outlines the procedures for amendments, ratification and entry into force of the CFA. 

The Treaty is subject to ratification.  It will not enter into force until at least 60 days after six countries have ratified or acceded to the document and deposited with the African Union.  Signature of the CFA is an intermediate step by which countries indicate their willingness to ratify the Treaty in the future; yet they are under no legal obligation to ratify.  Signature of the treaty puts countries under an obligation not to set any acts that would undermine the objective and purpose of the CFA.  (As of March 2011, the CFA has been signed by six countries.)   As long as the treaty has not entered into force the text can be renegotiated; if this results in text changes the new document will be again subject to the two step process of signature and ratification. The Treaty has not legal effect on States that do not sign or ratify the document. Nile Basin Countries which do not sign or ratify the CFA are not bound by it.

The text of the CFA was developed over more than a decade of intensive work (see Table 1).  A draft CFA text was submitted to the Council of Ministers of Water Affairs of the Nile Basin States (Nile-COM) in March 2006.  The Nile-COM members completed their negotiations of the CFA on June 25, 2007, with all but one reservation lifted (Article 14b).  The final decision by the COM was to refer the reservation to their Heads of State to resolve as this 'represented an underlying difference through ten years of negotiation.