Tuesday 15 October 2013

Re: [wanabidii] Border row: Bloc sets questions for Malawi and Tanzania

Banda,

Yes the legal treaty may say that all of Lake Nyasa (Malawi) belongs inside Malawi but in the present world that kind of situation is impractical. One can not realistically expect the native Tanzanian population around the lake not to access the lake for their livelihoods. 

What I've always thought is that a compromise should be reached in which the lake is shared half half between TZ and Malawi and in exchange, TZ gives Malawi a strip of land for a passage to the Indian Ocean. I don't think that's an unfair compromise. 

But it requires 2 very brave leaders to do this. 

Courage


On 2013-10-15, at 4:43 AM, Charles Banda <chasbanda@gmail.com> wrote:

By REX CHIKOKO in Blantyre

The Southern Africa Development Corporation (SADC) Forum of Former Heads of State and Government has presented four questions for Malawi and Tanzania on the lake border wrangle.

Malawi is disputing Tanzania's claim of ownership of part of Lake Malawi.

While Malawi argues that the border is at the shore, Tanzania claims it is at the middle of the lake.

On the sidelines of the SADC Troika Summit of the Organ on Politics, Defence and Security Cooperation that took place in Namibia on Wednesday, ministers from the two countries met former Mozambique President Joachim Chissano to exchange written submissions.

Minister of Foreign Affairs and International Cooperation Ephraim Mganda Chiume represented Malawi while Tanzanian was represented by his counterpart Bernard Membe.

"The meeting was specifically organised in order for the two parties to exchange their written submissions which they had earlier submitted to the Forum. The two parties have been given a period not exceeding three weeks from the date of the exchange (September 11, 2013), to provide written comments on each other's submission," reads a press release from Malawi's Ministry of Foreign Affairs.

According to the press release, the two counties are expected to answer the questions as a step towards starting of mediations

The questions are:

1. Does Malawi agree that there is a boundary along the Lake between itself and Tanzania?

2. What is the legal implication of the absence of ratification on the delimitation in Article 1(2) of the 1980 Treaty in relation to the Lake?

3. What is the legal implication of the acceptance by either party of the importance of the Lake to the local population along the shoreline and their use of the Lake?

4. Are there examples of cooperation between the parties in relation to the use of the Lake?

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