ABSTRACT
• When compared to the duration and quality of cooperative bodies on Africa’s other shared watercourses, the level of institutional development in the OTB could be described as ‘behind’.
• There is demonstrated willingness by Kenya and Ethiopia to work towards cooperation, illustrated through overtures toward water cooperation on Omo-Turkana and Daua in 2012–2014 and recent (2011) power-sharing agreements. Further, this development has come in the context of progress at a regional level, namely development of the Intergovernmental Authority on Development (IGAD) water policy and protocol.
• Cooperation could occur on management of water levels relating to quantity, quality and allocation, pastoralism and traditional livelihoods to ensure peace in border communities, and flood regulation and environmental protection (flows + pollution).
• Catalysts for cooperation include the existing cooperative relationship between Kenya and Ethiopia, the favourable political context at regional level and the potential for benefit-sharing stemming from developments in energy infrastructure and agriculture.
• Key contextual deterrents and perceived risks to cooperation include a lack of clearly defined collective action problems acknowledged by both riparian states, as well as desire to maintain sovereignty and autonomy over development of the Omo River (by Kenya).
• International Water Law provides a comprehensive framework for cooperation and its key principles could be used to frame cooperation within the OTB, particularly through the application of equitable and reasonable use.
• Initiation of water cooperation in OTB could build on international and regional conventions and shared-vision approaches used by development organizations. It should nonetheless firmly respond to the issues and context of OTB.
