Dredging the Nile Rivers in South Sudan: Isn’t Cleaning and Clearing a River the Same as Dredging?
7 min read
By Deng Duot Bior-Barr, Dundee, Scotland, UK
Wednesday, October 19, 2022 (PW) — Dredging is clearing a bed (a harbour, river, or another water area) by scooping out mud, weeds, and rubbish with a dredge. (“All About Dredging & the Environment – Dredge Yard”) It is about bringing up or clearing (something) from a river, harbour, or area of water with a dredge, which involves digging, gathering, or pulling out with or as if with a dredge. such as dredging huitres in the bay—often used to dredge silt from the canal bottom. Furthermore, according to the Cambridge dictionary, dredging is the removal of unwanted things from the bottom of a river, lake, etc., using a boat or particular device:
The purpose of dredging is to excavate material from a water environment. (“Global Outlook and Forecast 2021-2027-Reports Reports”) Reasons for dredging include: improving existing water topographies; reshaping land and water structures to alter drainage, navigability, and commercial use. Constructing dams, dikes, and other controls for streams and shorelines; and recovering valuable mineral deposits or marine life having retail value.
“In all but a few situations, the excavation is undertaken by a specialist floating plant, known as a dredger” (“Dredging | Policy Commons”). The river Nile and its tributaries have been a heated debate with those mentioned above. It has been a common debate about the motives of this dredging and who is funding it.
Who is proposing it, and has there been researching about this dredging that has been submitted?
Does dredging prevent flooding?
A scientist would argue it could be used with other flood risk management measures as part of a catchment-based approach. Dredging and desilting can be effective and justified. In most cases, it is not the most efficient or sustainable way of reducing flood risk and may actually increase flood risk to downstream communities.
One of our researchers and scientists, Deng Majok Chol, is a Doctor of Philosophy student supervised by Prof. Jim Hall and Dr Kevin Wheeler. Whose pic is: South Sudan’s Lungs: Sustaining the Sudd Under climate and socio-economic change, they gave a presentation against the dredging of the Nile and its tributaries. However, his presentation was merely Allegan’s contraria non-audiendus est research.
His area of expertise is the social hydrology in South Sudan under climate and socio-economic change. Although, his presentation was met with mixed feelings after the approval of the proposed dredging and after a lengthy debate by the council of ministers.
Deng Majok Chol’s opinion of the proposed dredging is currently assortment.
“This resolution was carefully thought out as it sets clear boundaries of what needs to be done. The council resolves that “only clearing and cleaning” can be done only when needed. It said such work should only be done with national contractors and under national supervision.
“The good news for those who understand the fragility and complexity of the hydrodynamics of the Sudd, Bahr el Ghazal, and Sobat River systems is that “DREDGING,” which has been the buzzword for some months now among the South Sudanese is out of the equation.”
“I am very aware that the new term, dredge, has been appropriated to all aspects of our lives, either as a laughable joke or to settle issues. In the same zeal, I reject dredging of the Nile Tributaries now, and without feasibility studies and/or environmental and social impact assessments, I caution you not to dredge yourselves of anything.”
It is common for anyone to feel that way because, in their areas of expertise, one sees themselves better and can talk freely to give advice or opinions. Deng Majok Chol is an expert in hydraulics, studying fluids in motion or at rest. Hydrodynamics studies fluids in action, and hydrostatics considers the properties of fluids in static equilibrium (motionless). I am more qualified to speak about water and the dredging of Nile tributaries. However, some of us familiar with the economic and environmental impacts of the dredging of River Nile tributaries would rejoin him, arguing against the dredging of River Nile tributaries.
One cannot be against it because it is not the best way to control flooding. Nevertheless, our concerns are whether such work can be approved without social, economic, and environmental assessment and without social, economic, and environmentalist experts’ input. It would be too risky to undertake such work without actual research data and local communities’ consultation for procedures and appointments as required. (Social License to Operation, please see South Sudan Petroleum and Land Act) International Labour Organisation, 169 Convention on Indigenous Peoples, article 7. (Free, prior, informed consent) and Equator Principles 6.
It will also be too risky to allow such work without considering the contract, funder, and feasibility studies. Deng Majok Chol would agree with me on this.
Nonetheless, failure to do so means there can be a legal case, as we have seen in: The Inter-American Court of Human Rights (IACHR) ruling in Sarayaku v. Ecuador, The African Commission on Human and Peoples’ Rights v. the Republic of Kenya. In the cases mentioned earlier, the court ruled that the UN Declaration on the Rights of Indigenous Peoples is the right to FPIC. This means that mines, dams, oil wells, industrial agriculture, and other policies, programs, and projects cannot be forced on Indigenous peoples without their agreement, in advance, without coercion, and only after full disclosure of intent and consequences.
It is mainly those affected by this resolution or the proposed dredging. Consequently, the parliament in South Sudan or the council of ministers cannot pass the resolution without consultation from the local communities living along the Nile. The council of ministers should also note that it is illegal in international law. As mentioned in the UN Declaration, recognizing and protecting indigenous rights, such documents stand for the ongoing aspiration and declarative process for building international legal norms and pressuring states to move in specific directions.
Experts can give their opinions, but that does not prevent the government from consulting with the local communities. Whether their idea of dredging is a popular and worthwhile undertaking or not. First, they must They were looking at the contract, who was funding it, and the proposed procedures and mechanisms to be commenced. Fundamentally, what are the aims of this dredging?
If the importance of dredging the river Nile is for navigation, what is the sustainability of doing that? This way, we can understand the principle that a community has the right to give or withhold its consent to proposed projects that may affect their lands and communities. This principle is protected by international human rights law as “all peoples have the right to self-determination” and “all peoples have the right to pursue their economic, social, and cultural development freely.” It is enshrined in the ILO (International Labor Organization) 169 and the UN Declaration on the Rights of Indigenous Peoples (Article 32), which states:
1. Indigenous peoples have the right to determine and develop priorities and strategies for developing or using their lands or territories and other resources.
2. Before approving any project affecting their lands or territories or other resources, states shall consult and cooperate in good faith with the Indigenous peoples concerned through their representative institutions to obtain their free and informed consent, particularly in connection with the development, utilization, or exploitation of mineral, water, or other resources.
3. States must take appropriate steps to mitigate the negative environmental, economic, social, cultural, and spiritual consequences of such activities and put in place effective mechanisms for just and equitable redress.
Clearing and cleaning a river is the same as dredging; it’s as simple as that. Dredging the River Nile should not be passing the resolution, but more has been done. Therefore, you need to be mindful of the future generation. Otherwise, you are giving away your natural resources.
The author, Deng Duot Bior-Barr, is a South Sudanese American PhD candidate at the Centre for Energy, Petroleum, and Mineral Law and Policy at the University of Dundee, Scotland, United Kingdom. His PhD focuses on the impacts of the extractive industry on the local communities in South Sudan. The title of his PhD research is The Socio-economic and Environmental Implications of Extractive Industry Activities on Local Communities’ Land in South Sudan. He can be reached via his email address: Deng Duot (PG Research) j.duot@dundee.ac.uk
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