[wanabidii] Re: The Malawi-Tanzania Boundary Dispute

Tony,

In this particular case are we saying that Tanzania replaced Tanganyika and therefore any renegotiation should take this in consideration?

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------Original message------
From: Tony PT <tony_uk45@yahoo.co.uk>
To: <wanabidii@googlegroups.com>
Date: Sunday, August 5, 2012 4:49:10 PM GMT+0000
Subject: Re: [wanabidii] Re: The Malawi-Tanzania Boundary Dispute

Leila,

I think to my understanding,. Tanzania is not relying on the British-Germany treaty; in actual fact after 1963 the treaty became null and void according to the then Tanganyika letter to the UN of 1961. Tanzania asserts that the treaty was entered by British whom had no jurisdiction because they were a trust holder.

Tanzania insists that any treaty that had no mutual interest to Tanganyika and that was entered prior to independence has to be renegotiated between Malawi and Tanzania.

Similarly, the law of the sea treaty that is referred to is such border disputes by the ICJ is in support of Tanzania on this case. To support Tanzania stand, 42pct of the waters that enter lake Nyasa stream from Tanzania rivers and plains. The lake's catchment area therefore, is Tanzania.
Sent from my BlackBerry® Porsche-9981 smartphone Thru Tigo Network, Tanzania.

-----Original Message-----
From: Leila Abdul <hifadhi@gmail.com>
Sender: wanabidii@googlegroups.com
Date: Sun, 5 Aug 2012 18:51:33
To: <wanabidii@googlegroups.com>
Reply-To: wanabidii@googlegroups.com
Subject: Re: [wanabidii] Re: The Malawi-Tanzania Boundary Dispute

ICJ we should go indeed. They are insisting on something that does not
belong to them.

The starting point is that the position of Tanzania is self defeating and
unattainable. The treaty they are relying on did not create the boundary in
the middle of the lake but on the shores of the east and northern side of
the lake. The relevant provision of the treaty creating the boundaries of
Tanzania, then Germany East Africa, Article 1 clause 2 states;
*
'To the south by the line that starts on the coast of the northern border
of Mozambique Province and follows the course of the Ruvuma River to the
point where the Messinge flows into the Ruvuma. From there the line runs
westwards on the parallel of latitude to the shore of Lake Nyasa. Turning
north, it continues along the eastern, northern and western shores of the
lake until it reaches the northern bank of the mouth of Songwe River……."*


The key word here is the shore. The treaty clearly provides that border
runs to the shore and runs upwards towards the north along the shore. Now
everyone knows that the meaning of the word shore in English is the line
between land and water of water bodies such as lakes, sea and ocean. What
the treaty is providing is not a border in the middle of the lake, but in
the shores of the lake on the Tanzanian side. If the origins of the
Tanzania national boundaries are from this treaty, where is the claim for
part of the lake coming from? That is a mistaken belief in my view.

On Thu, Aug 2, 2012 at 1:20 PM, Redson Kapindu <rkapindu@yahoo.com> wrote:

From my little reading on this issue thus far, I would say to Tanzania:
you want us to go to the ICJ? ...Let's go! Many times when I meet
Tanzanians, especially when they are on their own turf (in TZ) they make so
much of a big deal about this claim to the lake. When you push them for the
basis of the claim, in the end, it rests on the following "important
premise": Mwalimu Nyerere said so! But I feel a bit sad that this
dispute might have been fueled by Malawians in exile in TZ ...a lesson in
patriotism - wherever we may be and whatever our differences with an
incumbent Government might be, country still comes first, politics somewhere
thereafter...
*From:* Isaac Songea <njsongea@yahoo.com>
*To:* "malawi_lawsociety@googlegroups.com" <
malawi_lawsociety@googlegroups.com>
*Sent:* Thursday, August 2, 2012 12:36 PM
*Subject:* Re: Malawi - Tanzania Boundary Dispute - article

RedK,
I find this last but one sentence of the article very prophetic now that
the catalyst of the conflict is oil exploration:

"In the absence of a major effort by Malawi to ... exploit the resources of
the Lake in a more thoroughgoing manner than at present, it seems likely
that the status quo (kuti nyanja ndi yathu) will persist."

Isaac

*From:* Redson Kapindu <rkapindu@yahoo.com>
*To:* Malawi Law Society Google groups <malawi_lawsociety@googlegroups.com>
*Sent:* Wednesday, August 1, 2012 4:59 PM
*Subject:* Malawi - Tanzania Boundary Dispute - article


Dear colleagues,

As this issue seems to have been re-ignited, at least publicly, I thought I
should share this article that might make some interesting reading for
those that might not have previously read it.

Regards,

Redson


On Sun, Aug 5, 2012 at 5:50 PM, mutabaazi lugaziya <mjlugaziya@mail.com>wrote:

>
> 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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