Sunday 5 August 2012

Re: [wanabidii] Re: The Malawi-Tanzania Boundary Dispute


Tony, Matinyi, et al


I have heard the Permanent Secretary in Malawi's Ministry of Foreign Affairs, one Patrick Kabambe, so arrogantly saying that Lake Nyasa(Malawi?) being inside of, and as such, part of Malawi. From his tone, I entertain grave doubts whether such a  'hothead", would even "stoop" so low as to sit on a negotiating table!

It is quite interesting that the fellow does not seem to be aware of the UN Convention on the Law of the Sea of 10th December, 1982, which came into force on 16th November,1994. This Convention became necessary due to increasing disputes relating to water resources-fishing, minerals(oil and gas) and the shifting of boundaries dueto natural causes. This is the principal law governing disputes relating to water bodies. By the way, the Convention applies to lakes, rivers and other waterways-the Suez, the Panama Canals etc.

As per this convention, the international community agreed that for states sharing a water resource, the boundary between them should be to part the water body equally to those who share it.

Tanzania ratified the Convention and pledged to be bound by it on 30th September, 1985 (being the 24th country do so). But the mother of all surprises, is that this same Malawi ratified and undertook to be bound by the Convention on 28th September, 2010,(being the 161st), probably after a long soul-searching.

Under International law, the Convention is superior to any other arrangement. The Heligoland Treaty that Malawi is holding up as its ace has no force in International law. I don't know why they seem to turn a blind eye to this 'naked truth"

The contributor here does not purport to be an expert on the Law of the Sea, but this country boasts of such luminaries in the field like none other than our own  Joseph Sinde Warioba and Ambassador James Kateka who have variously served as Judges in matters relating to the law of the sea.

On the other hand, Malawi has only a Mr. Munthali who saw us being doomed in the Dowans' case.!!!

In law there is a maxim that 'things speak for themselves"-res ipsa loquitur. From what I heard from this Kabambe fellow, it did not sound like they are prepared for a tete-a-tete negotiations. As a prelude, Tanzania may send a protest note-a note verbale-and gauge the response,after which then the matter may go the International Arbitral bodies.

It is pertinent at thisjuncture to point out that these joint-Commisions have been in existence since the days of Hastings Kamuzu Banda. Malawi's arrogance met equal force in Mwalimu's no nonsense stance.

Now why do people think they can fool around with this country?

Just thinkng aloud!

MJL

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