As the hype on Lake Malawi boundary dispute rage on, some local
activists have criticized neighbouring Tanzania saying it pursuing a
selfish agenda, arguing that it has no legal claim over the territory
of the third-largest fresh water resource in Africa.
Tanzania and Malawi have recently engaged in cold war over ownership
of Lake Malawi – also known as Lake Nyasa in Tanzania – following
Malawi granting British company Surestream Petroleum rights to explore
the lake for oil and gas. Surestream is currently conducting an
environmental impact assessment.
The Easter African country has since threatened to go to war with
Malawi if Lilongwe does not halt all exploration activities until the
question of ownership is resolved.
No moral or legal basis
However, Malawian human rights lawyer and activist Justin Dzonzi has
labelled Tanzania's claims as both legally and morally unacceptable.
Dzonzi, the Executive Director of Justice Link Blantyre-based think
tank, told Nyasa Times in an interview that it is too late for
Tanzania to claim ownership of part of the lake.
"We're talking of close to 50 years ago when these two countries
became independent, there were agreements and treaties that were
signed then as such it is pointless for them to come now and say part
of the lake belongs to them; it is total madness, nonsense and
bullshit," said Dzonzi.
"I think Tanzania is being driven by greed because if at all they had
interest in the lake they would have raised this issue way back why
now? Is it because of the oil? I think it is time our president showed
strong leadership by not bowing to such stupidity demonstrated by
Tanzania," the lawyer added.
He further described the move by Tanzania to renegotiate partition of
the territorial waters as ill-timed and day light obsession of
imperialism.
Dzonzi added that there is no legal option which Tanzania can use to
reinforce the change.
"Legally there is no case because of the partitioning that took place
long time ago and this was sealed the moment we accepted independence
from Great Britain so too is Tanzania. The only way to repartition the
boundaries is either through mutual consent from both sides or an act
of war where the other country invade the other but this is illegal by
international standards," added Dzonzi.
International Court of Justice referral
Commenting on the same issue, University of Malawi law lecturer Dr
Mwiza Nkhata suggested that the only way to resolve the issue is to
refer it to the International Court of Justice (ICJ).
"Those familiar with history would agree with me that this is not a
new case…..The best way to resolve the issue is by referring it to ICJ
they will interpret the treaties that are there and this would put to
rest all the differences that are existing," said Nkhata.
But on his part, Dzonzi observed that while the international court
has legal instrument to resolve the issue, still it lacks jurisdiction
to declare part of the waters as part of Tanzania.
"Currently, Malawi is legally covered by the 1890 Heligoland agreement
between Britain and Germany as such if the case goes to ICJ the judges
would make decision basing on the treaty; that is the farthest they
can go because the court is there to interpret the laws not
otherwise," Dzonzi argued.
No need for war
Meanwhile, a Tanzanian university lecturer has warned his country that
going to war with Malawi will be a big shame for the two countries
which he said have enjoyed close ties since post colonial era.
Professor Mwesiga Baregu is quoted by Tanzania's Daily News that the
two countries should resolve the dispute through diplomacy.
"This is not a new dispute between Tanzania and Malawi, I can recall
in the 1960s we almost went to war. I suggest that our leaders should
avoid provocations," advised the St. Augustine University of Tanzania
(SAUT) lecturer adding that the matter had been ignored for long.
He added further that it was high time the lasting solution was sought
to avoid soiling bilateral ties.
"Let our politicians play a mature and diplomatic approach in this
issue. There are three ways to do this, it can be through the
International Court of Justice, the African Union or the Southern
African Development Community," he argued.
The border row has left many Malawians puzzled as to what has prompted
Tanzania to come out in the open now yet it has remained silent
throughout when the Malawi government under the leadership of late
president Bingu wa Mutharika made its intentions of exploration clear.
Malawi's Minister of Home Affairs and Internal Security Uladi Mussa
has meanwhile said Malawians have nothing to fear as discussions are
underway to resolve the issue but insists that " Lake Malawi belongs
to Malawi government" and there is no way the country can halt oil and
gas exploration.
Source :
http://www.nyasatimes.com/malawi/2012/08/12/tanzania-advancing-selfish-agenda-on-lake-malawi-activists-say/--
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