Conversations > Role of the African Union

It is incumbent on the Security Council to take note of and welcome these outcomes of the meeting of the African Union Bureau and to call upon the three counties to comply with their commitments and pledges.

In keeping with our principled position that GERD must be filled and operated in accordance with a mutually beneficial agreement that promotes the common interests of our three countries, Egypt accepted the invitation of the President of South Africa, Cyril Ramaphosa, to hold an extraordinary African Union Bureau of the Assembly of Heads of State and Government meeting on 26 June 2020 to deliberate on this matter. The object and purpose of this meeting was to ensure that an agreement on GERD is reached expeditiously.

AU is seized of this issue. The council could support this regional initiative, as it would send a strong signal of recognition of the essential role played by regional organizations in the peaceful settlement of disputes of this nature. Regional org. Such AU often have a better understanding of regional dynamics. Accordingly, they can detect the early warning signes of impending conflict, and through that knowledge, promote dialogue and reconciliation among the parties, as has been pointed out in the reports of the SG on strengthening the partnership between UN and AU on issues of peace and security in Africa. The principle that African problems should be solved through African solutions.

AU remain seized of this matter of concern to the continent. It is therefore important that the SC respect the continental efforts and provide space for the parties, through the agreed upon mechanisms, to find a solution that will ensure a peaceful and prosperous future for these three neighbourly countries.

It is encouraging to hear that the parties have decided to continue a negotiation process led by the African Union (AU). In this regard, we welcome the announcement by the Chairperson of the African Union Commission that more than 90 per cent of the disputed issues have been resolved and that a legal and technical committee to discuss outstanding issues has been formed.

The Bureau of the African Union Assembly and participating Heads of State and Government have requested the Security Council to take note of these developments and of the fact that the African Union remains seized of this matter of concern to the continent. It is therefore important that the Security Council respect the continental efforts and provide space for the parties, through the agreed upon mechanisms, to find a solution that will ensure a peaceful and prosperous future for these three neighbourly countries.

Similarly, Ethiopia refused to accept a proposal that underscored the leadership of the African Union Chair and underlined that the Democratic Republic of the Congo would facilitate the negotiations with the assistance of the European Union, the United States and the United Nations in order to formulate solutions to the outstanding legal and technical issues.

Regrettably, the African Union-led process has, thus far, proven fruitless. After over eight months of talks, we are no closer to an agreement on GERD. The positions of our three countries continue to diverge and efforts to bridge the gap on the outstanding legal and technical issues have been unsuccessful. Despite the flexibility that Egypt has shown and our sincere efforts to accommodate Ethiopian concerns and interests, our negotiations have not yielded any progress.

Unfortunately, however, Ethiopia rejected the multiple proposals and ideas presented by Egypt and the Sudan during this ministerial meeting to revisit and enhance the modalities of the African Union-led process. It rejected a proposal to establish an international quartet that would act as a mediator between the three parties and that would be led by the Democratic Republic of the Congo and include the European Union, the United States and the United Nation.

Unfortunately, Egypt and the Sudan have not been interested at all to continue the negotiation in good faith and make the necessary concessions to reach a mutually beneficial outcome. Instead, they have been engaged in scuttling the tripartite negotiation and internationalizing the issue on the Grand Ethiopian Renaissance Dam to exert maximum pressure on Ethiopia.

During the latest ministerial meeting in Kinshasa, Ethiopia rejected every proposal tabled by Egypt and the Sudan to augment the African Union-led process and ensure its success by enabling the Chairperson of the African Union and our international partners, namely the European Union, the United States of America and the United Nations, to become actively engaged in the negotiations to assist the three parties in reaching an agreement.

Unfortunately, throughout a year of faltering negotiations, the African Union-led process was obstructed by Ethiopian intransigence. Despite the tireless efforts of President Cyril Ramaphosa of South Africa, during his tenure as Chairperson of the African Union, and the unwavering commitment of President Felix Tshisekedi of the Democratic Republic of the Congo, the current Chairperson of the African Union, to advance the negotiations, the African Union-led process failed to generate any meaningful progress towards finalizing a text of a legally binding agreement on the filling and operation of the GERD.

Despite claiming to support an enhanced role for the African Union and our international partners, the reality is that Ethiopia refuses to engage in an efficacious process of negotiations that has the potential to yield positive results.

In May 2021, President Félix Antoine Tshilombo Tshisekedi of the Democratic Republic of Congo proposed a phased approach for the talks, after a highly regarded and welcome shuttle diplomacy between the capitals of the three countries. Ethiopia accepted the proposal and forwarded its version of the filling rules, per the request of the Chairperson. In addition, President Tshisekedi designated a facilitator to the trilateral process to fast-track the talks with full-time and regular follow-up. Egypt rejected the esteemed facilitator, thereby squandering the efforts of the Democratic Republic of the Congo and prolonging the process.

The ongoing trilateral negotiation on the dam is under way under the auspices of African Union, a common organization for Ethiopia, Egypt and the Sudan. The African Union-led negotiation is guided by the conviction of finding “African solutions to Africa’s challenges”.

The Meeting of the Bureau of the Assembly of AU Heads of State and Government was held in a fraternal spirit guided by the principle of Pan-African solidarity and cooperation and the attendant desire to find an African solution to an African problem.

The Ministry reaffirmed that the State of Kuwait supports international efforts to resolve and bring to an end this important and sensitive issue, stressing that the international community, in coordination with the African Union and the League of Arab States, must intensify its efforts to commence negotiations among Egypt, the Sudan and Ethiopia in order to arrive at solution that conforms to the principles of international law and international conventions, as well as to preserve the interests and rights of those States and the States of the Nile Basin and to realize the aspirations of the peoples of the region by reaching a lasting and comprehensive solution.

In conclusion, we would also like to make a concrete proposal. Since all the interested parties are gathered here in New York, why not hold a round of negotiations, brokered by the presidency of the African Union, to resolve the differences over the dam? We believe that this would be the best possible contribution of the Security Council to resolving the situation in the spirit of our shared principle of African solutions to African problems.

We hope that today’s meeting will give new and firm impetus to the negotiations under the auspices of the AU, to help the three countries reach a binding agreement that respects the vital interests of their people, protects their water security and the right to development, provides new opportunities for cooperation in the region and prevents the growth of additional tension.

As we have heard, the United Nations remains ready to support Egypt, Ethiopia and the Sudan, as well as the African Union, in their efforts to achieve an agreement on the GERD that is beneficial to all. Coordination around hydro-infrastructure in that basin is critically important. When done right and with strong political leadership by the riparian nations, it can provide a basis for deeper, mutually beneficial regional cooperation around shared natural resources, which would enhance sustainable development and peace.

The Security Council, whose primary role in resolving international disputes is indisputable, should support the African Union and assist the facilitator in the quest for peace in that volatile area of the Horn of Africa.

We believe that it is important for the United Nations and the Security Council to support the pivotal role of the African Union in sponsoring those negotiations by sending a clear message on the issue, as part of cooperation and integration between the United Nations and regional organizations.

The United Kingdom notes Egypt and the Sudan’s disappointment that a resolution has yet to be reached, as well as the stated commitment of all three countries to the AU-led talks. The United Kingdom is confident that, working together with the ongoing support of the African Union and the wider international community, Egypt, Ethiopia and the Sudan have the strength and resolve to reach agreement to the benefit of all. We call on all three sides to refrain from actions that undermine negotiations.

Kenya has total confidence that our Egyptian, Ethiopian and Sudanese brothers and sisters will make the principle of African solutions for African challenges a reality.

We call on the three parties to refrain from any action that could undermine negotiations and make full use of the good offices of the AU, especially through its facilitator role.

It is our principled position that the African Union is best-suited to facilitate the pacific settlement of disputes on the motherland, and we further underscore the importance of respecting the principle of subsidiarity, as well as Chapter VIII of the Charter of the United Nations.

We call on the Congolese presidency of the AU to step up its efforts. In our view, an increase in the number of mediators or observers in the negotiations will not bring added value.

Those negotiations should be held under the leadership of the African Union (AU) and should recommence with urgency. This process should use the 2015 Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by the parties and the July 2020 statement by the Bureau of the AU Assembly of Heads of State and Government as foundational references.

We hope that with the facilitation of the African Union, the parties will continue to work to come to an agreement in a timely manner. The African Union, as the regional organization, should remain the main forum for this.

We believe that the African Union-led negotiations remain the best forum for finding a comprehensive agreement on the GERD. We encourage the African Union to continue to draw on the necessary technical expertise and political support to carry out this highly complex facilitation role. Ireland fully supports the efforts of the African Union and the observers to the process to bring the parties together and find a negotiated solution, and we encourage the swift resumption of the talks.

We call on Ethiopia, Egypt and the Sudan to work constructively with the AU-led processes, with a view to resolving the outstanding issues in a purposeful manner and with the urgency it deserves. Since the AU is seized of the matter, it is important that all parties engage urgently to find a way forward.

While the Council must focus on all matters that could potentially pose a threat to international peace and security, in this case a preventive approach must be sought at all times, consistent with Chapter VI of the Charter of the United Nations. Mexico’s position with regard to international disputes, especially those affecting several countries at the same time, has been to promote, above all, a peaceful and mutually acceptable solution for all parties, based on dialogue. Moreover, as this is an issue that affects three African countries, and based on Chapter VIII of the Charter of the United Nations, we consider it particularly important that the international community support the efforts of the African Union to bring the positions of the three countries closer together and resume negotiations, taking into account the proven capacity of that regional organization to seek African solutions to problems affecting the continent.

As we have stated time and again here, we continue to support the important role of the African Union (AU) in upholding its responsibility to promote negotiations and mediation on regional issues, as it has done over the past year on the GERD issue.

China looks forward to the AU’s continued proper role in that regard. The international community, including the Council, should support the three countries in resolving their differences through dialogue and consultation and, to that end, create an environment conducive to jointly maintaining peace, stability and development in the African region. China stands ready to continue to play a constructive role alongside all the parties.

France commends the efforts of the African Union chairmanship to support the negotiations, especially the personal engagement of President Ramaphosa, and now, President Tshilombo Tshisekedi. Those efforts must continue and be intensified. We encourage the United Nations to continue to bring its expertise to bear on the process and urge the three parties to accept a more active role for observers in the negotiations.

In that regard, the Sudan submitted a proposal to bolster the African negotiation mechanism by granting it a mediation role under African Union leadership, with the participation of the United Nations, the European Union, the United States and South Africa, the latter three having been observers to proceeding negotiations. However for the same reasons concerning Ethiopia’s intransigence and its rejection of all proposals put forward that round was also unsuccessful.

We believe that the African Union is the most appropriate venue to address this dispute, and the United State is committed to providing political and technical support to facilitate a successful outcome. We urge the African Union and the parties to use the expertise and support of the three official observers - South Africa, The European Union and the United States - as well as the United Nations and other partners to help achieve a positive outcome.

Those negotiations should be held under the leadership of the African Union (AU) and should recommence with urgency. This process should use the 2015 Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by the parties and the July 2020 statement by the Bureau of the AU Assembly of Heads of State and Government as foundational references.