Lower Omo Valley, Ethiopia: Pushing forward with Development at the Expense of Agro-Pastoralist Communities

Authors: Leonardo Bertassello, Sean O’Neill, McKenzie Bush, Portia Chigbu and Jonathan Pabillore.

Overview
Water Security Analysis
Water Governance Analysis
Legal Analysis

Overview

A series of dam infrastructure projects, especially the Gibe III dam completed in 2015, are severely affecting some 500,000 people along the Omo River and Lake Turkana in Ethiopia. Key issues include the severe environmental impacts on the river and river-reliant wildlife, the subsequent upheaval of the communities’ agro-pastoralist and fishing livelihoods, State intimidation to comply with the development and in some cases State-sponsored forcible displacement, and high likelihood of inter-community and State-community conflict over the expected environmental and social impacts to the area.

Water Security Analysis

The combination of the initial dam installation, reservoir operations for hydropower generation, and diversion for irrigation are dramatically altering the river’s flow, height, salinity, and wildlife populations.

Both riverine and lacustrine communities face increasing blue water, economic water, virtual water, and cultural water insecurities. Principal among these are virtual water insecurity and cultural water insecurity due to the extensive impacts that the dam will have on the communities’ traditional livelihood practices.

Water Governance Analysis

The current treatment of impacted communities adds to a preexisting history of marginalization of the Lower Omo peoples, who increasingly became reliant on the river system for sustenance and economic activities after being displaced during the colonial and early post-colonial periods for Ethiopia, Kenya, and neighboring South Sudan. These people are ethnically and linguistically distinct from the highland Ethiopians, who undervalue and at times have been said to outright suppress the agro-pastoral and pastoral lifestyles of the Southern population.

Key governance failures include a lack of the Lower Omo people’s voice in decision-making, superficial and intimidation-based prior consent, inadequate and at times completely falsified environmental and social impact assessments prior to the installation of the dams, unclear legal status of land rights in the Lower Omo valley, and forcible displacement of some communities into smaller territories. These failures are driven by an overall disregard for the Lower Omo people’s livelihoods, practices, and basic rights.

Legal Analysis

The industrial processes affect all elements of the right to water, but together, they create a conflux of enabling circumstances that aggravate water security issues and lead to incidental harms. The continuous decline in water level, for instance, heavily impacts the element of sustainability and has direct implications for cross-cutting obligations like the right to self-determination and the right to subsistence, as well as interrelated rights like the right to health and a healthy environment. This means that with little to no water in the future outlook of downstream and lacustrine communities, they will face hardships in pursuing certain types of livelihood. It will also inflict economic damage, as it already has for displaced communities, further limiting their ability to pursue or change livelihoods. Ecosystems face destruction and irreversible damage from the constricted flow of water or the total lack thereof. This will have dire consequences for fish stock, further impacting an important food source for downstream and lacustrine communities.

Transboundary harm also features as an important concern for Ethiopia. This will have important legal implications as the effects of the project threaten to spillover to other countries. This may contribute to further violent tensions, not just between communities, but also between countries within the region, water being such an important resource. This may give rise to a cause of action against Ethiopia if the project clearly deprives another country’s people of their respective right to water.

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Background

The Lower Omo basin lies in the Rift Valley of North-Eastern Africa. The region is semi-arid with a low and erratic rainfall regime characterized by a mean annual precipitation of less than 250 mm. The Omo River flows South from the Ethiopian highland towards Lake Turkana, a brackish endorheic lake receiving 90% of its inflow from that river. The lake is shared between Kenya and Ethiopia and is a critical biodiversity hotspot. The lowlands of the Omo Valley and the area surrounding Lake Turkana are home to an estimated 500,000 people, with at least eight distinct indigenous communities  whose livelihood systems are based on a combination of mobile pastoralism, flood-retreat and rain-fed farming, and fishing—a portfolio of economic strategies that allow them to exploit seasonally fluctuating resources (Hodbod et al., 2019). The Omo would flood between March and September, and cultivation would typically begin as the flood began to recede in October.

Since 2006, Ethiopia’s government-sponsored development projects have rapidly created water scarcity in the Lower Omo River Valley in Ethiopia and around Lake Turkana, dramatically altering the traditional  livelihoods of the indigenous inhabitants. These projects are part of the “Climate Resilient Green Economy'' (CRGE) strategy advanced by the Government of Ethiopia (GoE 2011a), which aims to make Ethiopia a leader in low-carbon economic growth in Africa. Hydropower generation is a key priority in the CRGE as exemplified in the Gibe III dam, which was completed in 2015 and is to date (2022) the fourth largest hydropower plant in Africa by installed capacity. The dam is located about 300 km southwest of the capital, Addis Ababa and is meant to deliver electricity to more than 80 million people, thus increasing the national energy output by 85%. The dam also fits within a long-standing plan to use the Omo River for large-scale industrial irrigation. The Ethiopian Government’s Omo-Gibe Basin Master Plan (1996) considered the potential for upriver dams on the Omo River to provide enough irrigation water during the river’s low flow periods to support that planned Kuraz Sugar Development Project (KSDP)— the continent’s largest-ever state agricultural program, with a planned irrigated area almost as large as the total irrigated land area of neighboring Kenya. Together, Gibe III and KSDP were major components of the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF) plan for infrastructure development. On the Omo River, these include the already built Gibe I Dam and Gibe II power station (which draws its water from the Gibe I reservoir) and the yet to be built Gibe IV and V. Together these infrastructure components will significantly alter the streamflow regime of the Omo River (that is the timing and variability of its discharge), and its contribution to Lake Turkana downstream.

The Human Right Watch (HRW) estimates that about 200,000 residents of the Lower Omo and another 300,000 people living around Lake Turkana in Kenya are likely to be affected by the Omo River development (HRW 2012). As part of its plans for development, the government has initiated a villagisation programme intended to permanently settle the indigenous population of the lower Omo Valley, who predominantly practice livestock herding, flood-recession cultivation, and rain-fed agriculture. Based on the government’s understanding of water-centered development, communities are intended to be provided with irrigated fields, basic infrastructure, and social services (i.e. medical care and schooling). The aim is to promote a combination of semimobile livestock herding, subsistence agriculture, and contract farming (i.e. sugarcane outgrower schemes). However, indigenous communities have allegedly been forced by the government and the military to leave their ancestral territories under threat of harassment, violence, and arbitrary arrests. Pastoral communities who used the river Omo for their subsistence became resettled in different places. Their grazing lands and their cattle were reduced, and they lost access to the river. This collapse of indigenous livelihood in the lower Omo basin and around Lake Turkanahas has food and water security implications that might exacerbate pre-existing tensions between indogenous communities (Oakland Institute, 2019) and facilitate armed conflicts over rapidly disappearing resources. Indeed, between 1989 and 2011 alone, conflicts between Nyangatom, Daasanach and Turkana caused more than 600 direct deaths (Oakland Institute, 2019). At the international level, Lake Turkana is shared by Ethiopia with neighboring Kenya, and is currently not regulated by an international treaty. Despite no international treaty governing the use of the Omo river either, in 2009 Kenya Government agreed to purchase a fixed amount of electricity powered by Gibe III, which reveals its (at least tacit) support for the infrastructure project.

Water Security Analysis

Three categories of hydro-industrial processes (CHIPs) can be identified in the region:

  • Reservoir filling: The reservoirs associated with the multiple dams will affect downstream water availability during their filling period. This is a short term impact on downstream total water availability.
  • Reservoir operations: The reservoirs associated with the multiple dams temporarily store water to maximize hydropower production. This has a long term impact on the timing and variability of downstream water availability.
  • Irrigation: Some of the water collected by the reservoir is not returned to the river but diverted towards irrigation canals supplying the KSDP (among others). This has a long term impact on downstream total water availability.

Two stakeholder impact categories (SICs) can similarly be distinguished within the basin:

  • Riverine communities use the river to sustain their agro-pastoralist livelihood. These communities use the river for flood recession agriculture, cattle grazing and fishing. The Lower Omo has long been regarded as a food insecure region due to frequent droughts. However, flood-retreat agriculture along the Omo was the primary and most reliable source of food, particularly during periods of low rainfall. The total annual sorghum crop, the main agricultural staple in the area, came from this source.
  • Lacustrine communities rely on the fisheries of Lake Turkana to sustain their traditional livelihood. Indeed, inadequate rainfall in central and northern Turkana precludes rainfed agriculture and the shorelines of Lake Turkana’s saline waters are also unsuitable for planting.

Note that each SIC can encompass a variety of distinct indigenous communities who are similarly impacted by the CHIPs. In what follows, we summarize the types of water insecurity (green, blue, economic, virtual and cultural) that characterize the impact of each CHIP on each SIC.

Reservoir Filling

Historically, the filling of large dams has generated serious international tensions. After the Gibe III dam began impounding water (2015–2016), an upsurge of local and international groups contested the insufficiency of the summer flood pulse necessary to support downstream riparian activities, as well as a 2 m level drop in the downstream Lake Turkana (Avery, 2017; Zaniolo et al., 2021). The impacts of Gibe III filling on riverine and lacustrine communities are slightly different because of the different reliance on water resources between the indigenous populations.

On riverine communities

The filling of Gibe III dam has permanently dampened seasonal flow variability in the Omo River, eliminating the annual flood pulse. Thus, the loss of annual flood has prevented traditional flood recession cultivation, disconnected river-fed lakes used for crop cultivation, and affected fisheries in the Lower Omo Valley. Hence an overall decrease in blue water availability (Table 1) had also cascading effects not only on the economy and trade activity of the region, but especially on the livelihood of the riverine indigenous population. The increased dependence on unreliable rain-fed agriculture in response to the loss of Omo River floods has made communities more vulnerable to drought. Before the filling of the dam, local people did not practice rainfed agriculture unless the Omo river-bank harvest was poor. They were reluctant to invest time and resources in rainfed cultivation because it was very unreliable, and they usually had a good supply of grain from the flood-retreat cultivation. To ameliorate this situation, the government of Ethiopia has provided plots of irrigated farm land to the indigenous people to compensate for the loss of this flooding. However, these plots are often too small to feed the families that reside on them and the persistent breakdowns of irrigation equipment have decreased what little yield there was to begin with. This has led to a decrease in economic water security. As a result, some indigenous people have abandoned their plots due to hunger and the reluctance to end their pastoral way of life. While the government promised many jobs on the sugar plantations, these jobs did not materialize for the most part, leaving indigenous communities with very limited livelihood options to purchase food (hence a decrease in virtual water security). Finally, communities are also facing cultural water insecurity (Table 1) as there is no longer enough water available to sustain their traditional livelihood. Indeed, movements by agro-pastoralists in search of grazing and farmland are currently occurring (Hodbod et al., 2019). Finally, these population movements often lead to conflict (Abbink 2009), both between indigenous communities that fight over the remaining water resources, and between the indigenous groups and the Ethiopian government that is held responsible for the failure in the resettlement process and for promoting national and international economic interests in the region at the expense of local communities. (Buffavand 2017).

On lacustrine communities

The impacts of the filling of Gibe III on Lake Turkana reflect the crucial role of the Omo in the lake's hydrology, not only as its dominant source of water but also because of the massive seasonal pulse it provides of fresh and nutrient-rich water. Lake Turkana receives nearly 90% of its annual water inflow from the Lower Omo River. Therefore, the lake’s fluctuating levels largely reflect the runoff from the rainy season over Ethiopia's southern highlands which flow into the Lower Omo River. The impact of Gibe III on the blue water security of the indigueous population that lives along the shores of Lake Turkana are evident and documented. Indeed, during 2015–16 when the huge Gibe III reservoir was filled, Lake Turkana's water level declined 2 m consistently with the predictions of several scholars (Avery 2009; Avery 2012). How rapidly the lake’s level drops will reflect how quickly Ethiopia chooses to fill the dam and the amount of rain that falls in the years in question. For example, the first filling of Gibe III coincided with one of the three strongest global climatic El Niño and Southern Oscillation (ENSO) events since the 1950s, which was characterized by a prolonged downwards phase in precipitation abundance. Intuitively, this represented an unfortunate timing to rapidly impound a large water volume into a reservoir. Zaniolo et al. (2021) showed that an investigation of climate oscillations could have informed a more favorable filing timing, as well as adaptive filling operations, and significantly contained the associated social and environmental costs in the Omo-Turkana region. This drop in the water level has not only directly increased the blue water insecurity of the areas surrounding the Lake, but also increased the food scarcity (virtual water insecurity) for the local indigenous communities. Fishing communities depend on the maintenance of delicate environmental and biological balances in shoreline habitats, with even small shifts affecting fish catch levels. Trading relations between fishing communities and pastoral/fishing communities are essential to both. Even if there are no official fisheries statistics yet available for the Gibe III filling period, field observations and media reports confirmed a decline in fisheries catch during the Gibe III filling period (Avery and Tebbs, 2018). As with the riverine population in the Lower Omo Valley, several lacustrine communities are also expected to migrate. For example, during the earliest phase of the reservoir-fill period (Carr 2017), and the simultaneous shoreline regression likely under reduced inflow conditions, populations on the northern shoreline of Lake Turkana started moving southward by about 8–10 km further into Kenya.

Gibe III Operations

Despite Gibe III dam being operational since 2016, research is still ongoing to actually determine what are the true impacts of a fully-operational Gibe III on the riverine and lake communities that live in the Omo-Turkana region. Therefore, what follows represents a summary of the expected effects of the dam. In particular, two types of processes can be distinguished: (1) dam operations for the irrigation of downstream cotton and sugarcane production and (2) dam operations for hydropower generation. For the former aspect, our assessments are based on model simulations obtained from the peer reviewed literature (Level 3 accuracy), while for the latter, due to the absence of peer reviewed literature, our assessments are made by relying on documented comparable contexts (Level 4 accuracy).

Gibe III Operations for Agricultural Irrigation

On riverine communities

To the Ethiopian government, Gibe III is supposed to enable the development of large-scale agro-industries to meet expanding consumer markets, especially an anticipated surge in the export of sugar and cotton. However, both cotton and sugarcane are crops with a demonstrated potential to have huge impacts on their surrounding and downstream environment. Both crops have large water requirements, which increase in arid areas where more water is lost to evaporation (Fong, 2015). When irrigation is used to grow these crops, the diversion of large amounts of water can have devastating impacts on downstream aquatic ecosystems. Carr (2017) suggested that once the Gibe III dam is completed and brought into operation, the diversion of water for irrigation purposes will radically reduce the Omo River’s downstream flow volume as well as the inflow to Lake Turkana, by at least 60–70 %, according to Africa Research Working Group (ARWG) physical scientists. Such loss of blue water volume (see Table 1) would destroy the livelihood of at least 80,000 residents relying on flood recession agriculture along the lower Omo River and in the modern Omo delta region, along with tens thousands of other indigenous pastoralist, fishers and others whose survival depends on trade for grain and other agricultural product from farms at the Omo. Therefore, the virtual water security of these indigenous communities will also  decrease. In addition, a drastic reduction of the inflow might also eliminate the pristine Omo riverine forest, which is the last of its type in Sub-Saharan Africa and one of the richest remaining wildlife areas of Ethiopia. Finally, major ‘outmigration’ is expected in response to their livelihoods collapsing in the Omo riverine and northern lake region, as well as major escalation and initiation of armed conflict among ethnic groups, to fight over the more scarce water resources.

On lacustrine communities

Estimates of irrigation will reduce the lake to 59% of its current volume, lowering the water level by 13m. More realistic assessments of water use efficiency in these irrigation projects suggest that the lake would reduce to a mere 42% of its current volume and decline 22m in depth (lake depth ~30m). The radical decrease in Omo River inflow to Lake Turkana would likely induce the lake to retreat—most prominently in the shallow northern and central portions of the lake. The northern shoreline of the lake would recede by around 8–10 km, for example, with multi-kilometer retreat of lake waters throughout much of the lake. Dam operations for irrigation will also dramatically change the annual flood cycle to the detriment of the lake. This substantial reduction of the flood cycle will permanently transform and could ultimately devastate the primary productivity of the lake and its fish, bird, crocodile, lakeshore, and other species. The reduction in the blue water volume into Lake Turkana will also affect its water quality by increasing the salinity concentration in waters that are already borderline in potability (Avery and Tebbs, 2018). The expected increased salinity will threaten food availability for consumption by hundreds of thousands of local residents, as well as by livestock and wildlife watering. This might lead to the collapse of the exchange system between fishing, agro-pastoral, agricultural and pastoral communities, leading to the destruction of food related reciprocity relations in a region that is not fully connected to global markets, and hence a decrease in virtual water security. To face the increasing induced water insecurity (whether blue or virtual) southern movement of villages along Lake Turkana’s western shoreline are expected, as fishing and fishing/pastoral indigenous communities (e.g. Turkana) desperately search for relief aid or any last option available in towns.

Gibe III Operations for Hydropower Generation

Extensive construction of dams by humans has greatly altered the natural dynamics of streamflow variability of rivers in continental to global scales (Poff et al., 2017). Flood control through hydropower dams does not alter the mean discharge downstream, but decreases the intra-seasonal variability of streamflows and, therefore, homogenizes regional flow dynamics. Thus, we are expecting that similar consequences would also apply to the Lower Omo river streamflow downstream of Gibe III, with an almost negligible implication in terms of mean annual discharge, but with a decrease in the reliability and availability of the flood pulse on which recession irrigation depends. Hence, hydropower operations are not expected to give rise to blue water insecurity, because the blue water is physically there (retained in the reservoir), but it cannot be accessed downstream by the communities, thus decreasing their economic and virtual water security. In addition, dam regulation strategies aimed at optimizing the power production might be responsible for producing significant hourly, daily, weekly, monthly and seasonal fluctuations in streamflows, which may potentially threaten the integrity of fluvial systems leading to notable morphological and ecological impacts (Botter et al., 2012). Furthermore, hydropower generation is influenced by the year-to-year variations in rainfall that increase the risk of climate-related electricity supply disruption in dry years (Conway et al., 2017). Hydrological variability can play a key role in magnifying or containing the stress of filling: if the filling occurs during a dry spell, the basin is further exposed to water shortage and intersectoral tensions. This is what happened in the 2015-2016 for Gibe III, where a rapid filling of the reservoir irresponsive to variations in the water availability paired with an ongoing drought inducing Gibe III association with the label of “most controversial dam in Africa” (The Economist). In their retrospective analysis, Zaniolo et al. (2021) demonstrate that the investigation of climate oscillations could have informed a more favorable filling timing, as well as adaptive filling operations, and significantly contained the associated social and environmental costs. 

Changes in the seasonality of inflows from the Omo will significantly impact the biodiversity of Lake Turkana. Given the breeding grounds for many of Lake Turkana’s fishes are found in areas that are seasonally covered by the fluctuating depth of the lake, the lake’s fish are at risk under the post-dam hydrological regime (Hobdon 2019). Fish stocks from Lake Turkana directly benefit about 200,000 members of the indigenous populations (e.g., Turkana, Dasanach, and El Molo) and are sold all over Kenya as well as in Uganda and the eastern D.R. Congo. Therefore, virtual water security is expected to decrease as a consequence to the operational Gibe III, with the potential to exacerbate conflicts over the scarcer water (and food) resources (cultural water insecurity).

Table 1. Summary of CHIPs vs SICs for Water Security in the Lower-Omo-Turkana Basin
 Riverine CommunitiesLake Communities
Initial ConditionsG-G-
Dam FillingB- E- V- C-B- V- C-
Hydro Power GenerationE- V- C-V- C-
Irrigation DemandB- V- C-B- V- C-
Water Governance Analysis

Of crucial consideration to the issue of water security in the Lower Omo region is the question of governance, which we define here as the socio-political context in which decisions with regard to the Gibe III dam and the state-sponsored electricity production and irrigated commercial agriculture it supports are situated. This context includes but is not limited to the role, influence and interests of state and nonstate actors, public and private institutions and their responsibilities, decision making practices, and the interests, capacities and concerns of local communities affected by the Gibe III dam.

Historic Background

The Lower Omo and Lake Turkana region straddles the modern border of Ethiopia and Kenya and is immediately adjacent to the border with the Ilemi region of South Sudan.  This positioning is the result of the process of drawing borders in the colonial and early post-colonial period and has had implications for the lifestyles of local communities and their relationship to their respective national governments and each other. 

These international borders, along with prolonged drought, have caused indigenous communities in the region to be increasingly dependent in recent decades on the Omo River and Lake Turkana waters. The geopolitical context of the Ilemi region, a grassy area of considerable importance to pastoral groups, is illustrative of this. The region is disputed between South Sudan and Kenya and has been seen by both countries and Ethiopia as a strategic buffer zone, with access by indigenous pastoral groups greatly restricted.  This has pushed groups such as the Dasanech and Turkana out of the grazing areas and increased their reliance on the waters of Omo and Lake Turkana, leading to a potential conflict between them. Decreased land access for various indigenous groups of the region has led to ecological degradation and increased the pressure on scarce resources (Carr 2017). 

Both in Ethiopia and Kenya the riverine and lacustrine communities of the Lower Omo / Lake Turkana region occupy a peripheral space in their respective national communities, with considerable implications for their ability to participate in decision-making processes regarding the resources they rely on for survival.  In the case of Ethiopia, the Lower Omo communities, (comprising 8 different ethnic groups typically utilizing agro-pastoral practices for survival) are ethnically and linguistically distinct from the highland Ethiopians (Amhara and Tigrayan peoples) who traditionally dominate the state. For their part, the Ethiopian government appears to view the Lower Omo peoples and their agro-pastoral and pastoral lifestyles as backward (Carr 2017). Far be it from genuinely seeking ways to preserve their traditional livelihoods, it has at times seen the destruction of the pastoral lifestyle as a goal in and of itself (HRW 2012, Carr 2017).

Ethiopian National Development Policy

The harnessing of the Omo waters for exportable hydroelectric power and irrigation for commercial agriculture, particularly for sugar plantations, cotton, and palm oil, are in line with broader government policy decades in the making, which the Lower Omo communities as marginal political actors have had little voice in shaping.  Plans for the development of the Lower Omo region date back to at least the government’s 1996 Omo-Gibe Master Plan. (Fong 2015).  While the government typically promises that such plans will lead to improved standards of living for indigenous groups, such promises in the past have failed to be realized (HRW 2012).

Impact Assessments and Free and Prior Consent

The Ethiopian government has consistently failed to meet its obligations according to the Ethiopian constitution itself and its commitments to international agreements to carry out robust Environmental and Social Impact Assessments before beginning major infrastructure projects like the Gibe III dam and to obtain free, prior, and informed consent from the communities whose traditional lands are affected by such projects (HRW 2012).  Impact assessments that have been conducted by the government were done years after work had already begun on the project and were wholly inadequate, ignoring large portions of the land affected and ignoring the effects of the large-scale irrigated agriculture associated with the dam’s construction (Carr 2017).  The assessments have included patently false characterizations of the situation, including asserting that there is ample rainfall for rain-fed agriculture in the South Omo region and at times drastically underestimating the number of people actually living in the area.  The assessments can fairly be described as a box-checking exercise rather than a genuine attempt to fully understand the consequences of the project for Lower Omo and Lake Turkana indigenous communities  (HRW 2012, Carr 2017).

Similarly, efforts at informing and facilitating participation by the Lower Omo communities in the decision-making process have been superficial.  Community leaders described meetings at which attendance is restricted to hand-picked individuals and money is offered in exchange for positive responses.  These interactions have often been characterized by fear and intimidation and coupled with violent responses by the police and military to any opposition (HRW 2012).

Partly at play is the unclear legal status of the land in the Lower Omo valley.  According to the Ethiopian Constitution, all land belongs to the state.  However the constitution also recognizes the right of pastoralists to graze and cultivate freely without being displaced.  The state is also party to a variety of international agreements such as the aforementioned ISESCR, the International Covenant on Civil and Political Rights (ICCPCR), and the African Charter on Human and People’s Rights that stipulate protections for the Lower Omo communities from forced displacement without free, prior, informed consent or denial of their means of subsistence. These principles exist in some tension and are further complicated by a lack of registration of land tenure in the Lower Omo region formalizing its traditional use by the Lower Omo indigenous communities (HRW 2012).

Forced Displacement and Suppression of Opposition

Rather than include local indigenous communities in the planning and decision-making process with an aim of protecting their rights to the waters of the Omo basin and to the resources necessary to sustenance in their traditional homelands, the Ethiopian government has taken a hostile approach to the communities.

Vast sections of the valley have been expropriated by the state with the local populations forcibly removed to sites meant for sedentary settlement, depriving communities of the resources necessary to sustain their traditional agro-pastoral livelihoods.  For the Mursi and Kwegu peoples, for example, an estimated 73% of their agricultural sites had been expropriated to make space for sugar plantations  (Carr 2017).  The Kwegu people are reported to have been reduced to relying on food support from neighboring communities for survival.  (Survival International 2015)  People form the Bodi community as well have had sorghum fields dug up, cattle herds forcibly reduced, and gardens cleared away to make room for commercial agriculture, and have been forcibly removed from traditional lands (HRW 2012). Further downstream, at least 120,000 hectares, and likely much more due to the difficulty gathering information in the region because of government restrictions, have been expropriated from Dasanech and Nyangatom people’s for commercial agriculture.  The Dasanech are forced to move further into the Omo delta and northern Lake Turkana region where resources are already stretched and where they come into conflict with neighboring communities  (Carr 2017).

Opposition to these measures is met with intimidation and violence, with numerous reports from locals of police harassment, beatings, and arrests.  (HRW 2012)  Notably, these tactics predate the construction of the Gibe III dam itself.  In 2010 when 30,000 hectares of land were seized from the Suri community for a palm oil plantation, local community members were forcibly removed and after speaking out were sentenced to lengthy prison terms, and 54 members of the community were killed during a protest  (Fong 2015).

Potential for Conflict

The increasing water and land scarcity and the forcible constriction of the local communities into smaller territories has increased the potential for armed conflict both between rival tribes competing for dwindling resources and between local communities and the state.  Some communities such as the Dasanech and Turkana in northern Kenya have long histories of both economic cooperation and conflict. As the Dasanech have been forced off lands south towards Turkana areas and north towards Nyangatom areas incidents of conflict between communities have increased.  These conflicts risk being exacerbated as conditions worsen and risk getting worse as Kenyan and Ethiopian forces get involved  (Climate Diplomacy 2021, Carr 2017).

Major Actors and Power Asymmetries

In addition to the Ethiopian state and the Lower Omo and Lake Turkana indigenous communities, there are a number of other institutional actors with various interests and levels of involvement and responsibility in the context. 

The Ethiopian government at first sought funding from the African Development Bank, the World Bank, and the European Investment Bank.  It later withdrew that request and signed an agreement with the Dongfang Electric Corporation to develop the project, with financing from the Industrial and Commercial Bank of China  (Fong 2015, HRW 2012). 

The World Bank and African Development Bank both remain involved however, despite their insistence to the contrary.  As funders of the Ethiopia-Kenya Eastern Electricity Project, through which Kenya will receive electricity generated by the Gibe III dam, they have considerable stake in the overall project.  Both development banks are also intricately involved in the development of commercial agricultural projects made possible by the dam through their funding of the Protecting Basic Services (PBS) program, a multi-billion dollar direct aid program conceived after other direct aid to the Ethiopian government was suspended by the Development Advisory Group for Ethiopia took issue with the state’s repressive policies  (Carr 2017). 

The Kenyan government, while not directly involved in the construction of the dam, nevertheless has a considerable interest in the electricity that it will produce.  It has already come to an agreement to purchase electricity from Ethiopia produced by the Gibe III  (Carr 2017).

Each of these actors bears varying levels of legal and ethical responsibility for the widespread reported human rights abuses occurring as a direct result of the construction of the Gibe III dam and the commercial agriculture projects associated with it.

Legal Matrix and Narrative
The following portion examines the possible human rights issues surrounding the identified CHIPs. Each CHIP, namely reservoir filling, dam operations, and water diversion for irrigation, will be assessed against Ethiopia’s cross-cutting obligations and evaluated whether these processes diminish any of the elements of the right to water. The following analyses, thus, are viewed from Ethiopia’s perspective as a State. This means that the cross-cutting obligations become the direct responsibility of Ethiopia and any violations, or potential violations, of the right to water and of its cross-cutting obligations may be a source of international responsibility if causality between the action and the consequence is well established. Although in some of the questions posed, there will be questions about the role of non-state actors, however, they are framed according to what Ethiopia can and should do to prevent human rights issues regarding the Gibe III project. Moreover, as to the timeline, the case study assumes that all CHIPs are ongoing and are currently being implemented, that is, that the area above the dam has already been flooded and filled (reservoir flooding); that Gibe III is already operating and producing electricity; and that water from the reservoir, or at least part of it, has and is still being diverted to irrigate water-intensive crops like cotton.
WATER INADEQUACY ANALYTICAL AND LEGAL MATRIX:
Gibe III Dam Reservoir Filling
Two-tiered TESTADEQUACYMULTIDIMENSIONALITYSUSTAINABILITY
A. Is reservoir filling consistent with Ethiopia’s cross-cutting human rights law obligations?Availability of water: challenges to availability for all demographics. Water Quality: documented diversity in water quality, especially salinity. Accessibility of water: challenges for eight indigenous people groups and 500,000 residents in Omo Valley & Lake Turkana in reliably and consistently accessing water.Water as a Social Good: not clear from the described measure if the measure takes into account the nature of water as a social good, but likely overlooks its importance in the promotion of peaceful relations among communities. Water as a Cultural Good: the described measure overlooks the nature of water as a cultural good for indigenous peoples of the Omo River and Lake Turkana region.Protection and Preservation of Intergenerational Rights and Interests: Likely implicated due to the long-term impact on land, agriculture, biodiversity, and water for future generations. Non-Retrogression Obligation: Not clear from what point Ethiopia starts for its non-retrogression status. However, this obligation is likely implicated due to the multi-phase dam development projects given the documented issues already present from Gibe I and Gibe III dams and the likely exacerbation of these issues by consequent construction of Gibe  IV and V. The government is clearly on notice of the water issues, however, due to their plans to move indigenous populations and plan to provide irrigated farm land to compensate for flooding issues.
1. Right to self-determinationDocumented dampened seasonal flow variability and the elimination of the flood pulse from reservoir filling of the Gibe III dam implicates the free pursuit of all economic, social, and cultural rights of indigenous people/ residents given reservoir filling’s impact on community location, food, trade, water access, and connections to culture (also implicated from third party impacts, including mining

corporations and Kenya, from which the Ethiopian government is meant to protect its citizens). Further investigate all possible adverse impacts from reservoir filling to the eight indigenous peoples groups’ free pursuit of economic, social and cultural development, especially variance among the  different indigenous groups given different uses of water.

Forced displacement and revillagization process of indigenous people due to reservoir filling impacts may implicate the right to determine political status as an exercise of self-determination in that Article 103 of the Ethiopian Constitution mandates constituencies be drawn and determined by census, therefore raising concerns surrounding representation statuses of indigenous people in new locations.
Does reservoir filling, and its corresponding purchase agreements and contracts, recognize that water held as a social and cultural good affects the Omo River Valley and Lake Turkana eight indigenous peoples groups within free pursuit of economic, social and cultural development? Is the current consultation and compensation mechanism sufficient, legitimate, and comprehensive enough to respect

the right of Omo River Valley and Lake Turkana indigenous peoples to self-determination, particularly the free pursuit of their development in relation to water as a social and cultural good? Does the way that the Ethiopian government conceptualizes indigenous peoples reflect the varied cultural and social roles that water plays

between and within the communities? Does the re-villagization process acknowledge that new government provisions must consider both the cultural and economic value of the lands and natural resources that were expropriated?
Requires further investigation if reservoir fillings contain any counterpart policy for sustainability and non-retrogression (not lowering the human rights protections of  indigenous peoples and affected communities).  If there is such a sustainability policy written into the reservoir filling operations, is it consistent with their right to self-determination? Does it consider the context of ENSO events and their impact on the lacustrine community? Investigate at what point the Ethiopian government was on notice of the human rights impacts of future reservoir filling given the impacts from previous dams. Investigate the re-villagization projects and forced displacement strategy to see if there is any plan to return the populations to their lands once the dam operations have materialized (thereby transforming consensus makeups and political representation per the Ethiopian Constitution).
2. Non-discriminationHow will the government address the documented and future likely disproportionate interference with indigenous people’s ESC rights? This interference likely implicates the non-discrimination obligation owed towards indigenous peoples (i.e. insufficient flood pulse necessary to

support downstream riparian cultures and livelihoods; specifically, the prevention of traditional flood recession cultivation and a decrease in crop and fishery outputs for the riverine communities & decline in fisheries catch for the lacustrine communities).Investigate the differences of reservoir impact filling and resettlement options

between indigenous people (i.e. riverine v. lacustrine) because there may be discrimination between the groups in addition to the general population.

Investigate reservoir filling impact on neighboring communities on which Kwegu people have been forced to rely on for food supply survival as attenuated, de facto discrimination.

When water is treated only as a commodity or economic resource, and reservoir filling overlooks the nature of water as a social good and cultural good (especially given 85% of the national output of electricity will be increased by Gibe III), is there differential treatment, based on a prohibited ground (e.g. ethnicity or culture or place of residence), with the intent to discriminate, that impedes the enjoyment of the right to water in its dimensions as social and cultural goods?

Does the government have a sustainability policy that accounts for the long-term impact of reservoir filling and resettlement, and is it consistent with the guarantee against non-discrimination? If there is a political process for consent that applies to reservoir filling, is it

consistent with the guarantee against non-discrimination? If there is a sustainability policy that applies to the trickle down effects (i.e. relying on Kwegbu community for food) from  reservoir filling, is it consistent with the guarantee against non-discrimination?
3. Free disposition of natural resourcesUnlawful expropriation, forced displacement, and lack of  compensation for lands from which indigenous people obtain natural resources for means and ways of life likely implicates the free disposition of natural resources. Documented interference with natural resources (decreased fishing & agriculture, ecological degradation, scarce resources, etc.) from reservoir filling likely implicates the free disposition of natural resources that is also enshrined in the Ethiopian Constitution pastoral right to graze and cultivate freely. Inadequate provision of irrigation tools in revillagization/ transition to rain-fed agricultural practices resulting from reservoir filling potentially implicates the right to free disposition. Investigate damage to land and resources from heightened tensions between indigenous groups resulting in documented, dwindling resources caused by reservoir filling. Investigate trickle down damage to natural resources of previously resource-secure groups from water and land scarcity issues due to reservoir filling. Disingenuous and illegitimate consultation mechanisms for EIA and consent for projects likely implicates the free disposition of natural resources obligations. Investigate the true legal status of the land, and therefore the natural resources, under the Ethiopian Constitution and how it interacts with the right of pastoralists to graze and cultivate freely without being displaced. Documented migration to neighboring Kenya from displaced indigenous people due to reservoir filling may implicate the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction, and consequently its citizens free disposition of natural resources.Investigate if the re-villagization process, in theory, is meant to compensate indigenous people and by what valuation? Did the valuation of the natural resources take into account multidimensionality of water? Did the re-villagization process due to reservoir filling contain any language that obtained free and meaningful consent by indigenous peoples to the free disposition of their natural resources, especially as to reservoir filling affecting their crop and fishing supplies? Investigate whether the transition to rain-fed agricultural practices properly values and compensates for its impact on community and cultural life. Did the revillagization/transition to rain-fed agricultural practices consider the cultural value of the previous land areas and practices? Did the indigenous people offer meaningful consent to the new practices and locations? What is the cultural and social value of water for the trickle down Ethiopian communities? What is the cultural and social value of water in the Kenyan areas into which people have migrated?Did the original re-villagization agreements contain any sustainability policy, where such policy is informed by the right to free disposition of natural resources of the indigenous peoples, based on the principle of mutual benefit and international law? Is there any compensation or consequent assistance planned that can restore the cultural value of the water in the villagization program? Investigate if there is any contingency plan or compensation plan for the affected trickle down communities or Kenyans that have taken on the burden of the indigenous people. Investigate the sustainability of the villagization plan in ensuring preservation of legal and equitable interests over lands given to the communities, to protect intergenerational interests.
4. Non-deprivation of subsistence meansForced displacement to areas inadequately positioned to support subsistence or forced conversion to food harvesting means that do not produce adequate means of survival likely implicates non- deprivation of subsistence means. Documented interference with agricultural yields, access to grazing lands and cattle, pastoral practices, and fishing populations from the reservoir filling raises concerns about residents and indigenous peoples right to non deprivation of subsistence means. This is non-derogable even in pursuit of development or projects that will create other subsistence via large-scale irrigation/provision of electricity. Disruption of the fresh and nutrient rich water of Lake Turkana from reservoir filling impacts biological balances in shoreline habitats thereby affecting fish catch levels and the predominant food sources. Investigate the lack of land tenure registration in the Lower Omo and to whom this applies/ whether it’s an entirely absent system and if there is an indication that this is an indirect way to prevent access to land, thereby jeopardizing ESC rights.

When water use and stream reliability is regarded exclusively as a matter of managing economic resources, while at the same time excluding the multiple dimensions of water as social and cultural goods, there is a likely deprivation of subsistence means of all human rights by indigenous peoples, and other affected communities.

Investigate if any sustainability policy was formulated and applies protects the right to non-deprivation of subsistence means.

5. Right to equal enjoyment of human rightsDocumented disproportionate impact on riverine communities and lacustrine communities of reservoir filling likely implicates the right to equal enjoyment of human rights. Investigate if all water users within indigenous populations or beyond (especially vulnerable groups such as women, children, persons with disabilities, ) are equally enjoying all human rights in the context of reservoir filling. Documented inability to express needs and desires in project approvals likely implicates the right to equal enjoyment of human rights. Investigate if the impact of Ethiopian water insecurity migration into Kenya from reservoir filling is interfering with the equal enjoyment of human rights of Kenyans.

When water use and stream reliability is regarded exclusively as a matter of managing economic resources, while at the same time excluding the multiple dimensions of water as social and cultural goods, there is NO equal enjoyment of all human rights by indigenous peoples, and other affected communities.

Investigate if any sustainability policy formulated and applied to reservoir filling would uphold or undermine the right of indigenous peoples to equal enjoyment of human rights, including the decision making processes and rights of the Kenyans.

B. Is reservoir filling consistent with Ethiopia’s specifically interrelated human rights?

Right to the highest attainable standard of physical and mental health: Will reservoir filling have any measurable impact on this right?

Right to Work: Does reservoir filling have consequences towards the affected communities’ right to work, particularly those relying on the affected bodies of water? The Right to an Adequate Standard of Living, including Adequate Food, Clothing, Water, and Housing : Would reservoir filling hamper this interrelated right or diminish the capacity of affected communities to make a living and sustain certain types of livelihood? Investigated whether reservoir filling also affects specific human rights protections for vulnerable groups (women, children, indigenous peoples, persons with disabilities). Reservoir filling may result in various accessibility issues which are discussed below: Physical accessibility: Does reservoir filling impact civil and political rights to freedom of movement and choice of residence, privacy, food, health, security, as well as rights to just and favorable conditions of work, education, cultural participation, and gender equality? Economic accessibility: Does reservoir filling result in less trade capability due to depleted resources therefore impacting income sources to purchase water? Does reservoir filling cause communities to use agricultural water for drinking instead to save money? Is there price discrimination for water against the migrants who have moved elsewhere to support their lives and livelihoods? How does reservoir filling affect Ethiopia’s obligation under ICESCR Article 2(1) to take steps for the progressive realization of Covenant rights such as social security, social insurance, social protection measures? Informational accessibility: Do indigenous peoples and affected communities have rights to information, public participation, transparency with respect to these reservoir filling projects? To what extent are the token/fake processes effective, if at all? Are violence and corruption present in all of them?

Specific human rights (treaty-based and custom-based) to preservation and protection of social and cultural goods, including environmental preservation of natural resources and public commons, indigenous peoples’ rights to cultural integrity, identity, and human dignity: These rights may be tangentially, if not directly, affected by reservoir filling in unintended ways. The government needs to further investigate the substance of these rights and how reservoir filling can affect them. Does the accessibility of water, especially after reservoir filling, factor in the need for accessibility based on water as a social good and cultural good to indigenous peoples and affected communities?

Human right to a healthy environment and State duties to prohibit causing transboundary harm: Investigate whether reservoir filling has such a potential to cause such harm. Investigate whether reservoir filling can potentially violate ICESCR Article 2’s progressive realization principle and non-retrogression obligations. Are SDG 6 targets adversely affected by reservoir filling? Do the scientific and technical standards on water quality contain any considerations for long-term sustainability of water quality for future generations, and the non-retrogression of these water quality standards as applied to all Ethiopian communities? Or would reservoir filling affect the water quality, at all, and in what way? Do accessibility policies, if any, consider the long-term sustainability of such access to water, which may change because of reservoir filling,  by all communities and future generations, and not just the involved governments and/or industrial users?

WATER INADEQUACY ANALYTICAL AND LEGAL MATRIX
Gibe III Dam Operations
Two-tiered TESTADEQUACYMULTIDIMENSIONALITYSUSTAINABILITY
A. Is reservoir operation consistent with Ethiopia’s cross-cutting human rights law obligations?Availability of water: challenges to availability for all demographics. Water Quality: documented diversity in water quality, especially salinity. Accessibility of water: challenges for eight indigenous people to reliably and consistently access water.Water as a Social Good: not clear from the described measure if the measure takes into account the nature of water as a social good. Water as a Cultural Good:  the described measure overlooks the nature of water as a cultural good for indigenous peoples of the Omo River and Lake Turkana region.Protection and Preservation of Intergenerational Rights and Interests: not described in the case study. Non-Retrogression Obligation: Implicated due to the multi-phase dam development projects requiring operations given the documented issues already present from Gibe I and Gibe III dams and the likely exacerbation of these issues by consequent construction of Gibe  IV and V.
1. Right to self-determinationDocumented and likely seasonal fluctuations  from reservoir operations and dam regulation strategies of the Gibe III dam raises implication for the free pursuit of all economic, social, and cultural rights of indigenous people. Documented impacts from seasonality of inflows from the Omo due to dam operations and its impact on fish stocks/biodiversity impacts food security and ability to trade the animals thereby implicating the free pursuit of ESC development. Forced displacement, “out migration” and re-villagization process of indigenous people from hydropower generation operation impacts may implicate the right to determine political status as an exercise of self-determination in that Article 103 of the Ethiopian Constitution mandates constituencies be drawn and determined by census , therefore raising concerns about new locations affecting representation statuses of indigenous people/displaced.Do dam operations and corresponding contracts  recognize that water held as a social and cultural good affects the  Omo River Valley and Lake Turkana eight indigenous peoples groups within’ free pursuit of economic, social and cultural development? Do the current consultation and compensation mechanisms suffice to respect the right of Omo River Valley and Lake Turkana indigenous peoples to self-determination, particularly the free pursuit of their development in relation to water as a social and cultural good? Does the way that the Ethiopian government conceptualizes indigenous peoples reflect the varied cultural and social roles that water plays between and within the communities?  Does the government acknowledge the loss in trade relations from salinity/biodiversity & fish issues in water between indigenous peoples in Ethiopia, Kenya, Uganda, and the eastern DRC?Requires further investigation if the future reservoir  operations contain any counterpart policy for sustainability and non-retrogression (not lowering the human rights protections of  indigenous peoples and affected communities).  If there is such a sustainability policy written into the reservoir filling operations, is it consistent with their right to self-determination? Investigate at what point the Ethiopian government was on notice of the human rights impacts of future reservoir operations given the impacts from previous dams. Investigate the re-villagization projects and forced displacement strategy to see if there is any plan to return the populations to their lands once the dam operations have materialized thereby transforming consensus makeups and political representation per the Ethiopian Constitution.
2. Non-discriminationDocumented and disproportionate impact on indigenous peoples from dam operations likely implicates this obligation. Investigate the differences of impact from reservoir operations between indigenous people (i.e. riverine v. lacustrine) because there may be discrimination between the groups in addition to the general population. Failure to provide legitimate political means/forums for Lower Omo & Lake Turkana communities to discuss their consent to operations projects impacts likely implicates the non-discrimination obligation owed towards indigenous peoples. Failure to resettle downstream indigenous populations affected by reservoir operations and reliant on the Omo River and Lake Turkana for way of and means of life/ dwindling of traditional water sources likely infringe on the non-discrimination obligation owed towards indigenous peoples.

When water is treated only as a commodity or economic resource, and reservoir operations overlook the nature of water as a social good and cultural good, with the intent to discriminate, it impedes the enjoyment of the right to water in its dimensions as social and cultural goods.

If there is a sustainability policy that applies to reservoir operations, is it consistent with the guarantee against non-discrimination?

3. Free disposition of natural resourcesUnlawful expropriation, forced displacement, lack of consultation and compensation for lands  from which indigenous people obtain natural resources for means and ways of life due to reservoir operations likely implicates the free disposition of natural resources. Documented interference with fishing stocks, potable and cultivation water, and agricultural bounty from previous operations and increased pressure from resource scarcity, and likely future exacerbation from additional projects, likely implicate indigenous peoples’ rights to freely dispose of their natural resources under the principle of mutual benefit and international law. Investigate trickle down damage to natural resources of previously resource-secure groups from shifts in the reliability and availability of the flood pulse/communities with less access to fish trade. Disingenuous and illegitimate consultation mechanisms for EIA and consent for projects, and non-existent compensation, likely implicates the free disposition of natural resources obligations. Does the view of the Ethiopian government that a pastoralist mode of living is backwards endanger the affected communities’ free disposition of their resources?Did the original arrangements reached by the dam operation companies, and the Ethiopian government/Kenyan Government, contain any language that obtained free and meaningful consent by the indigenous peoples (and other affected communities) to the free disposition of their natural resources? How do the reservoir operations and national development policy change the Lower Omo Communities’ free disposition of their natural resources vis-à-vis their social and cultural practices, in direct relation to their available water and, indirectly, from the effects of the operation on other aspects of their society and culture? What is the cultural and social value of water for the trickle down communities?Did the original arrangements reached by  dam operations, corporations, and Ethiopian government/Kenyan Government contain any sustainability policy? Is there any mitigation mechanism for impact on natural resources , compensation, or contingency operations planned for current and future operations, especially in climate change context, for Ethopians and trickle down communities? Is there any sustainability policy in place to protect the cross-border fishing exchange market caused by dam operations? Investigate the sustainability of the villagization plan in ensuring preservation of legal and equitable interests over lands given to the communities, to protect intergenerational interests.
4. Non-deprivation of subsistence meansInvestigate documented interference with fishing populations from the operations as this raises concerns about residents and indigenous peoples' right to non deprivation of subsistence means. This is non-derogable even in pursuit of development or projects that will create other subsistence via large-scale irrigation/operations/ energy production. Investigate whether the disruption of the fresh and nutrient rich water of Lake Turkana from reservoir operations impacts biological balances in shoreline habitats thereby affecting fish catch levels and the predominant food sources, which could be a source of subsistence for affected communities.Investigate if the long-term implementation of reservoir operations impact on water as a social good and cultural good, in a manner that erodes their means of subsistence.  

When water use and stream reliability is regarded exclusively as a matter of managing economic resources, while at the same time excluding the multiple dimensions of water as social and cultural goods, there is a likely deprivation of subsistence means of all human rights by indigenous peoples, and other affected communities.

 
Investigate the effect of long-term salinity concentration on the general sustainability plans on the means of subsistence of trade relations among communities. Investigate the value of Omo riverine forest as a wildlife reserve and whether its elimination will be disadvantageous to preserving generational values. Investigate if any sustainability policy that was formulated and applied protects the right to non-deprivation of subsistence means. Investigate if the measures explored by the government result in loss of livelihood and creates cyclical/generational poverty for the communities.
5. Right to equal enjoyment of human rights

Documented, disproportionate impact on riverine communities and lacustrine communities of operations likely implicates the right to equal enjoyment of human rights.

Investigate if all water users within indigenous populations or beyond (especially vulnerable groups such as women, children, persons with disabilities) are equally enjoying all human rights in the context of reservoir operations. Documented inability to express needs and desired in project approvals likely implicates the right to equal enjoyment of human rights. Investigate if the impact of depleted fish stocks from reservoir operations is interfering with the equal enjoyment of human rights of Kenyans, Ugandans, Congolese.
When water availability and stream reliability is regarded exclusively as a matter of managing economic resources, while at the same time excluding the multiple dimensions of water as social and cultural goods, there is NO equal enjoyment of all human rights by indigenous peoples, and other affected communities.

Investigate if any sustainability policy that was formulated and applies to reservoir operations would uphold or undermine the right of indigenous peoples to equal enjoyment of human rights, including the decision making processes and rights of the Kenyans.

B. Is reservoir operations consistent with Ethiopia’s specifically interrelated human rights?Right to the highest attainable standard of physical and mental health: Investigate whether this right is affected by dam operations. For instance, dam operations are likely to reduce water flow–and, thus, an important water source for downstream and lacustrine communities–how would this affect their physical and mental wellbeing? Does the government have any plan in place to mitigate these possible impacts. Right to Work: It would seem that reduced flow, as a result of operating the dam, may indirectly deprive some communities of their traditional livelihood, particularly for those engaged in agro-pastoral practices. Investigate how the government plans to address this or if existing plans are well-executed. Right to take part in Cultural Life: Some may consider traditional livelihood as an important aspect of their cultural identity. Investigate the impact of dam operations on such practices. The Right to an Adequate Standard of Living, including Adequate Food, Clothing, Water, and Housing: Investigate whether reduced supply of water carries a significant burden for those who have long relied on the river for various uses, especially for fishing and agriculture. Without financial assistance, these communities may face more hardship than they otherwise would without the dam.

Dam operations share the same concerns regarding accessibility as reservoir flooding (i.e. physical, economic, and informational accessibility issues).

Investigate whether specific human rights (treaty-based and custom-based) to preservation and protection of social and cultural goods, including environmental preservation of natural resources and public commons, indigenous peoples’ rights to cultural integrity, identity, and human dignity are affected by dam operations in so far

as the reduced water supply impacts the multi-dimensional uses of water (e.g. for livelihood, domestic uses, or cultural practices). Does the accessibility of water factor in the need for accessible water as a social good and cultural good to indigenous peoples and affected communities?

Human right to a healthy environment and State duties to prohibit causing transboundary harm: Dam operations stand to cause boundary harm, particularly for lacustrine communities. Investigate how this impact should be addressed

to ensure dam operations are sustainable. Investigate whether dam operations adversely affected ICESCR’s Article 2 principle on progressive realization and non-retrogression obligations.

Are SDG 6 targets adversely affected by dam operations? Do the scientific and technical standards on water quality, which changes because of the variable water flow caused by dam operations, contain any considerations for long-term sustainability of water quality for future generations, and the non-retrogression of these water quality standards as applied to all Ethiopian communities? Do accessibility policies consider the long-term sustainability of dam operations and its effects on access to water by all communities, and not just the involved governments and or industrial users?
WATER INADEQUACY ANALYTICAL AND LEGAL MATRIX
Irrigation
Two-tiered TESTADEQUACYMULTIDIMENSIONALITYSUSTAINABILITY
A. Is irrigation consistent with Ethiopia’s cross-cutting human rights law obligations?Availability of water: likely challenges to availability for all demographics affected due to increased need/ diversion of water. Water Quality: documented diversity in water quality due to salinity issues. Accessibility of water: challenges for all communities to access water.Water as a Social Good: not clear from the described measure if the measure takes into account the nature of water as a social good. Water as a Cultural Good: the described measure overlooks the nature of water as a cultural good for indigenous peoples.Protection and Preservation of Intergenerational Rights and Interests: not described in the case study. Non-Retrogression Obligation: Implicated due to the multi-phase irrigation development projects given the documented issues already present from Gibe I and Gibe III dams and the likely exacerbation of these issues by consequent construction of Gibe  IV and V and commercial irrigation projects.
1. Right to self-determinationInvestigate the role the indigenous peoples and community members played in KSPD, Omo-Gibe Basin Master Plan for irrigation projects. Investigate whether the communities gave their free and informed consent to the KSDP and irrigated. Further investigate the likely surrounding downstream enviro effects from sugar and cotton crops due to larger water requirements.Do irrigation projects recognize that water held as a social and cultural good affects the  Omo River Valley and Lake Turkana eight indigenous peoples groups within free pursuit of economic, social and cultural development?Requires further investigation if irrigation plans contain any counterpart policy for sustainability and non-retrogression (not lowering the human rights protections of  indigenous peoples and  communities)  If there is such a sustainability policy written into the irrigation, is it consistent with their right to self-determination?
2. Non-discriminationFurther investigate the likely surrounding downstream enviro effects, and differences in impact among population, from sugar and cotton crops due to larger water requirements. Disproportionate impact on indigenous peoples reliant on water sources from which irrigation will divert will likely implicate non-discrimination. Failure to provide legitimate  political means/forums for Lower Omo & Lake Turkana communities to discuss their consent to irrigation projects/ EIAs impacts likely implicates the non-discrimination obligation owed towards indigenous peoples.When water is treated only as a commodity or economic resource, and irrigation and diversion wholly overlooks the nature of water as a social good and cultural good, is there differential treatment, based on a prohibited ground (e.g. ethnicity or culture), with the intent to discriminate, that impedes the enjoyment of the right to water in its dimensions as social and cultural goods?If there is a sustainability policy that applies to irrigation, is it consistent with the guarantee against non-discrimination? Especially regarding water diversion concerns. If there is a political process for consent and EIA that applies to irrigation is it consistent with the guarantee against non-discrimination?
3. Free disposition of natural resourcesInvestigate the impact on natural resources of sugar plantations and commercial agriculture (i.e. soil

quality, runoff, etc.)  beyond water diversion. Diversion of water for irrigation purposes will radically reduce the downstream flow volume and inflow volume thereby destroying agricultural and fishing stability and access to disposition of natural resources.

Drastic reduction of flow will also likely eliminate the riverine forests which decrease potential use of those natural resources and likely implicates related natural resources (i.e. soil, biodiversity). Reduction in flood cycle and consequent damage to lake (salinity) and animal health will impact natural resources and the ability to access and dispose of them. Likely “out migration” to find more stable sources of food, with a likely inadequate transition plan, will result in less freedom, or no freedom, to dispose of natural resources for moving population and receiving area populations. Disingenuous and illegitimate consultation mechanisms for EIA and consent for projects likely implicates the free disposition of natural resources obligations.
Do the water diversion plans value the lost natural resources as cultural and social goods as well?Is there any sustainability policy on restoring the depleting fish stocks or protecting them from irrigation impacts? What about the local forests and biodiversity impacts? Is there any planned mitigation of future impact on natural resources from planned irrigation? Is there any compensation or consequent assistance planned that can restore the cultural value of the water in the damage seen thus far?
4. Non-deprivation of subsistence meansDiversion of water for irrigation purposes will radically reduce the downstream flow volume and inflow volume thereby destroying agricultural and fishing stability and access to disposition of natural resources likely depriving subsistence means. Likely “out migration” caused by irrigation to find more stable grounds with a likely inadequate transition plan will likely result in a deprivation of subsistence means. Collapse of flood related reciprocity between communities will likely deprive multiple communities of subsistence means.When irrigation is regarded exclusively as a matter of managing economic resources, while at the same time excluding the multiple dimensions of water as social and cultural goods, there is a likely deprivation of subsistence means of all human rights by indigenous peoples, and other affected communities.Investigate if any sustainability policy formulated and applied protects the right to non-deprivation of subsistence means.
5. Right to equal enjoyment of human rightsInvestigate if all water users (especially vulnerable groups such as women, children, persons with disabilities, indigenous peoples) are likely to be affected equally by the irrigation. Determine what communities will be disproportionately impacted by water diversion and irrigation impacts and out migration?When irrigation is regarded exclusively as a matter of managing a resource that is NOT legally regarded or protected as a water resource, while at the same time excluding its possible multiple dimensions of diverted water as social and cultural goods, there is NO equal enjoyment of all human rights by indigenous peoples.Investigate if any sustainability policy formulated and applied to irrigation would uphold or undermine the right of indigenous peoples to equal enjoyment of human rights, including the decision making processes.
B. Is irrigation consistent with Ethiopia’s specifically interrelated human rights?Right to the highest attainable standard of physical and mental health: diverting water for irrigation will likely result in a diminution of overall water supply for downstream communities and lacustrine communities. Investigate whether the diversion creates risks to this right, such as increased costs of healthcare because of malnutrition, lack of access to safe drinking water, etc. Right to Work: Investigate whether reduced water supply or access downstream results in some forms of livelihood becoming unavailable as a result. Various accessibility issues are discussed below: 1. Physical accessibility: will the future irrigation impact civil and political rights to freedom of movement and choice of residence, privacy, food, health, security, as well as rights to just and favorable conditions of work, education, cultural participation, and gender equality? 2. Economic accessibility: does irrigation result in less trade capability due to depleted resources therefore impacting income sources to purchase water or consume? Does irrigation cause communities to shift water uses? Is there price discrimination for water against the migrants who have moved elsewhere to support their lives and livelihoods due to irrigation? How does irrigation affect Ethiopia obligation under ICESCR Article 2(1) to take steps for the progressive realization of Covenant rights such as social security, social insurance, social protection measures? 3. Informational accessibility: do indigenous peoples and affected communities have rights to information, public participation, transparency with respect to irrigation projects?Investigate whether specific human rights (treaty-based and custom-based) to preservation and protection of social and cultural goods, including environmental preservation of natural resources and public commons, indigenous peoples’ rights to cultural integrity, identity, and human dignity will be affected by diverting the water for irrigation. Does the accessibility of water factor in the need for accessibility based on water as a social good and cultural good to indigenous peoples and affected communities downstream?Human right to a healthy environment and State duties to prohibit causing transboundary harm: As with reservoir flooding and dam operations, irrigation threatens to cause transboundary harm by adding an aggravating variable to diminishing water levels for downstream users. This will also likely have long-term effects with dire consequences for the environment and the people. Investigate whether the government accounts for these consequences and whether it has mitigation efforts or ways to compensate downstream communities and whether it has agreements with neighboring countries to address these potential transboundary harms. Investigate how human rights-related legal principles on accountable governance, transparency in governmental decision-making, community participation in public affairs can be incorporated to secure sustainable access to water for downstream communities, which stand to be diminished because of diversion. Investigate whether diverting water results in unintended or direct violations of ICESCR Article 2’s principle on progressive realization and non-retrogression of obligations. Diverting water for irrigation, along with reservoir flooding, aggravates blue water insecurities for downstream and lacustrine communities. Do accessibility policies consider the long-term sustainability of such access to water by all communities, and not just the involved governments and or industrial users?
TABLE 2. ANALYTICAL AND LEGAL MATRIX FOR IDENTIFYING AND MAPPING WATER GOVERNANCE FAILURES
Elements of the Human Right to Water and related rightsIndicator 1: Influential Actors in Water GovernanceIndicator 2: Evidence of Participatory, Inclusive or Decentralized Water ManagementIndicator 3: Transparency and Accountability Arrangements and EnforcementIndicator 4: Threats to hydro social (livelihood, cultural, religious relations)
Element 1: ADEQUACY Availability of water Water quality Accessibility of water  a) cross-cutting obligations b) interrelated specific human rights obligations of Ethiopia, Kenya, and South SudanDoes the government's and corporation’s understanding of water priorities and development projects at the cost of local indigenous communities’ result in widespread evident and documented human rights abuses? Is there a multilateral agreement between Ethiopia, Kenya, and South Sudan that permits the communities dependent on Lake Turkana and Omo River to allocate the water sources for use peacefully without conflicts and to ensure that water is adequate for all, especially vulnerable persons? What measures does Ethiopia have in place to ensure that the financing obligations of the World Bank and African Development Bank and the Industrial and Commercial Banks of China do not violate interrelated human rights of the affected communities? How does Ethiopia plan to address or is it currently addressing the possible trickle-down effects/cross-boundary harms from Gibe III?Does the government of Ethiopia engage with local Indigenous communities and vulnerable populations to obtain their free, informed consent before beginning reservoir or irrigation projects that directly affect them, and while creating solutions to address the already felt impacts? Are all groups in the communities informed of the government’s plans in the language and manner they understand? Does the Ethiopian government’s and other state actors’ engagements with indigenous peoples and specifically vulnerable affected communities, through corporate social responsibility strategies and national policies, suffice to provide evidence of the affected communities’ desired participation and decentralization?Do Ethiopia's laws sufficiently address transparency of information on policies affecting water Adequacy and resettlement? Does Ethiopian law or Constitution provide for accountability for violations?Given existing threats to hydro social relations in the context of the filling, operations, and irrigation, are there domestic sources of law in Ethiopia that can hold public officers accountable for violating these social relations? Are there also reparations mechanisms within domestic law to compensate affected communities? What is the (business,ethical and legal) responsibility of the government, corporations, and other state actors operating in the region when they affect the water adequacy with threats to hydro-social relations? What responsibility are state actors under to promote peaceful relations within its country and between their countries?
Element 2: MULTIDIMENSIONALITY Water as a social good Water as a cultural good a) Cross-cutting obligations b) Interrelated specific human rights obligations of EthiopiaDoes the government of Ethiopia and other state/non state actors influence the characterization and value of water as an economic resource, instead of a social or cultural good? Who evaluates, and by what metric, water in the context of villagization?Does the government of Ethiopia give enough space for indigenous communities to participate in decision making processes, development priorities, and water management, especially when water is treated as also a social and cultural good? Is there meaningful, comprehensive, and equally-resourced participation of all affected communities in the dispute Resolution, consultation, and compensation process?How has the Ethiopian government handled the backlash and responses from citizens on land expropriations? Has the government been transparent and accountable  in dealing with grievances or disputes resulting in the water tensions? What measures are put in place to ensure that the enforcement of state’s policies (villagization and impact assessments) is accountable and transparent?Do current public and private responses to threats to hydro-social relations recognize the multidimensional nature of water and the ensuing legal obligations on Ethiopia, state actors, and non-state actors when threats to hydro-social relations arise? How has the Ethiopia government’s development policy affected the co-existence of the communities to thrive and conduct trade relations peacefully?
Element 3: SUSTAINABILITY Protection and preservation of intergenerational rights and interests Non-retrogression obligations a) Cross-cutting obligations  b) interrelated specific human rights obligations of EthiopiaAre there sustainability policies by the state and non-state actors and are these plans consistent with the cross-cutting and interrelated human rights obligations of Ethiopia? What plans are in place to reconcile conflicting priorities and obligations? Does the government of Ethiopia have any role in prescribing sustainability standards to non-state actors?Do indigenous peoples and specifically vulnerable affected Communities have any co-authorship over sustainability policies crafted by the influential State and non-State (corporate) actors in water governance? Do the various indigenous communities and other vulnerable populations participate in the drafting and implementation of Ethiopia’s national development policy? Did they participate in development priorities discussions?Does Ethiopia's water policy and institutional environment make it easier to monitor and extend sustainability oversight? Is there transparency, a defined fair accountability mechanism, and strong enforcement of sustainability guarantees?Do threats to hydro-social relations implicate the long-term ability of  Ethiopia to safeguard and ensure sustainability and state relations? To what extent can the private sector have a role in supporting and respecting sustainability in the face of threats to hydro-social relations? Are there existing cooperation agreements by the communities that allow them usage of the water and promote sustainable social and business relations?
Discussions and Conclusions

All three CHIPS, in combination, heavily impact all three elements of the right to water. This has heavy consequences for cross-cutting obligations and governance concerns. Reservoir flooding, dam operations, and water diversion (for irrigation purposes) are likely going to severely impact water levels downstream, particularly for lacustrine communities. Reservoir flooding and dam operations would have affected seasonal flows downstreams and would have affected the accessibility of water, with ripple effects towards multi-dimensionality and sustainability, because while the net levels of water would have remained the same, there would still be a palpable decrease in immediately available water for downstream and lacustrine communities. It would also affect the types of ecosystems downstream if water levels went down. Water diversion, however, magnifies these impacts by aggravating water security issues. When water from the reservoir is diverted for irrigation, it entails a net loss in the water levels for downstream and lacustrine communities in the long run. Over the years, if the government does not maintain a program or plan to offset this loss, then damage to ecosystems and various livelihoods could become irreversible. Not only that, violence between and among tribes or communities will inevitably become certain–water being such a precious resource that communities would go to extreme lengths to secure their portion for their own uses.

These CHIPS also introduce sustainability concerns not just for water security issues, but also for indirect effects like displaced villagers and other communities. Ethiopia must ensure that displaced communities do not bear undue hardship as a result and that the displacement does not generate long-term issues for their ability to pursue, begin, or maintain different or new types of livelihoods.

Special attention should be directed towards the potential to cause transboundary harm. This issue highlights the weaknesses in the governance structure within Ethiopia–from a lack of consultation and proper studies regarding the long-term effects of the combined impact from the three CHIPS to a lack of consideration for the project’s implications for neighboring countries and their communities.

In conclusion, Ethiopia needs to do more work and assessments to ensure that the CHIPS align well with the elements of the Right to Water and ensure that the project, while generating power and revenue for the broader community, does not come at the cost or expense of communities who need access to essential water.

Authors: Leonardo Bertassello, Sean O’Neill, McKenzie Bush, Portia Chigbu and Jonathan Pabillore.

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Lower Omo Valley, Ethiopia: Pushing forward with Development at the Expense of Agro-Pastoralist Communities

Authors: Leonardo Bertassello, Sean O’Neill, Shambhavi Shekokar, and Jonathan Pabillore.

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