Oil exploration in Lake Nyasa has rekindled disputes between Malawi
and Tanzania over who owns the lake.
President Jakaya Kikwete of Tanzania has insisted that war with Malawi
is not a feasible outcome of ongoing disputes between the two
countries over the ownership of the lake which borders the two
countries.
Lake Nyasa, known as Lake Malawi by Malawians, has been the source of
disagreements since colonial times, which were rekindled recently when
Malawi allowed gas and oil exploration to begin around the lake's
border. Rhetoric has escalated over the past few months although it
seems both sides are now attempting to calm tensions.
A history of disputes
Located at the junction of Malawi, Mozambique and Tanzania, Lake Nyasa
- the eighth largest in the world - contains an estimated 168,000
tonnes of fish of nearly 1000 species, and is able to provide
sustenance for nearly 600,000 people.
In the early 1960s, Malawi's first president, Hastings Kamuzu Banda,
claimed that Lake Nyasa was part of Malawi referring to 1890
Heligoland Agreement between Britain and Germany which stipulated that
the border between the countries lay along the Tanzanian side of the
lake. This treaty was reaffirmed at the 1963 Organisation of African
Unity summit where it was accepted reluctantly by Tanzania although
disputes reignited in 1967-8.
Malawi also alleges that the 2002 and 2007 African Union resolutions
upheld the colonial agreement because of the emphasis on member states
upholding the borders inherited upon independence.
Some, however, argue that it is necessary to correct the errors of the
colonial powers, and Tanzania has sought recourse to international
law, which indicates that borders are generally in the middle of a
body of water, claiming Tanzania should therefore own half the lake.
Oil and the re-emergence of the issue
The resurgence of the dispute began in October when Malawi's former
president, Bingu wa Mutharika, awarded a contract to British
Surestream Petroleum to start gas and oil exploration on the eastern
part of the lake. Since then, a number of disagreements over the use
of the lake have arisen.
At the close of July, Tanzania announced plans to purchase a new $9
million ferry to cross Lake Nyasa's waters. Malawi's Ministry of Lands
responded by claiming that Tanzania has no legal right to start
operating on Lake Malawi since the ownership and border dispute
remains unresolved.
For their part, Tanzanian authorities argued that Malawian fishing and
tourist boats were encroaching on Tanzania's waters. Hilda Ngoye, MP
for the Mbeya region, alleged that Malawi has been conducting tourism
activities beyond its territorial waters, escalating tension further.
Earlier this month, a two-day meeting was held with the aim of
reviving stalled negotiations on the delineation of the lake's
boundaries. Tanzania's Foreign Affairs and International Cooperation
Minister, Bernard Membe, requested that the exploration activities be
shelved until discussions had been fully resolved, saying "any
exploration or research activities for oil and gas prospects must stop
forthwith as their presence was likely to jeopardise the ongoing
negotiations and pose a security threat".
Tanzania's Attorney General, Frederick Werema, has added that Tanzania
will seek international intervention if diplomatic negotiations do not
produce results.
Malawi's Minister of Energy and Mining, Cassim Chilumpha, has,
however, countered that Malawi is justified to start exploration since
the lake lies within the borders stipulated by the Heligoland treaty.
Overblown fears?
Amidst these legal claims and disagreements, some representatives have
also sought recourse to more potentially inflammatory language. Edward
Lowassa, Chair of Tanzania's Parliamentary Committee for Defence,
Security and Foreign Affairs, for example told reporters that the
country is ready to wage war against Malawi if necessary.
"We expect this conflict will be solved diplomatically... Malawi is
our neighbour and therefore we would not like to go into war with it",
he said, continuing, "however, if it reaches the war stage then we are
ready to sacrifice our people's blood and our military forces are
committed in equipment and psychologically."
Both countries have increasingly backed away from such harsh
statements, however, and Malawi's Minister of Home Affairs and
Internal Security, Uladi Mussa, told a local radio that Malawians have
nothing to fear, reassuring listeners that "issues of boundaries
between Malawi and Tanzania are amicably being resolved".
Malawi's Minister of Foreign Affairs, Ephraim Mganda Chiume, also
played down the conflict, calling it simply a misinterpretation. "As
Malawi we are not calling it a conflict or dispute rather a
misunderstanding and at this point we are going to sort it out
ourselves without the inventions of other bodies."
Drawing a line under the dispute
According to Simburashe Mungoshi, a historian and political analyst
with the University of Malawi, the dispute can be resolved only if the
two countries take a leaf from how their colonisers Britain and
Germany dealt with the boundary issue.
"When these boundaries were agreed upon by the British and Germans it
was a give and take game" he explained to Think Africa Press. "The
British had to give up claims in some territories in the Tanganyika
area. Needless to say the Germans also had to give up [some claims].
If Tanzania wants a change in boundaries, it would be a give and take.
Malawi is a land-locked country; we need access to the sea. Maybe they
could give us an equivalent piece of land to take us to the sea."
As discussions continue, however, life goes on, and Tanzanians and
Malawians continue to cross the border, selling and buying products
that will ensure their livelihoods.
Kyela District Commissioner Margaret Ester Malenga has emphasised the
atmosphere of mutual dependence between citizens of the two countries,
something she believes war would ruin.
Representatives of the two countries are currently engaging in
discussions in Mzuzu, Malawi, as part of a five-day summit ending on
August 25 to resolve the border issue once and for all.
Courtney Meyer is currently studying for an MSc in Development Studies
at the School of Oriental and African Studies, London. Her interests
include politics and official development assistance in sub-Saharan
Africa.
http://thinkafricapress.com/malawi/tussles-tanzania-over-lake-malawi-nyasa
Read the original of this report on the ThinkAfricaPress site.
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