Monday, November 19, 2012

Tanzania-Malawi border dispute taken to retired SADC leaders

BORDER dispute between Tanzania and Malawi over Lake Malawi has taken a new twice whereby the two warring groups have decided to take the matter for mediation to retired eminent persons of the Southern African Development Community (SADC). Foreign Affairs and International Cooperation Minister Benard Membe told journalists on Saturday last week in Dar es Salaam that, the decision has been reached after the two countries had not reached to a conclusion pending the disagreement and agreement on both sides over the matter. Elaborating on this decision, he said that they have officially agreed on two fundamental matters that Malawi still maintains that the Lake north of Mozambique belongs to Malawi as per the treaty signed between the Germans for Tanganyika and the British for Nyasaland in 1890 during colonial time. Whereas Tanzanian side have disagreed with their counterpart and maintains that her border passes straight in the middle across the long stretch map of the Lake splitting the northern part of the water body roughly equally between the neighbours as internationally recognized.

Tanzania Foreign Affairs Minister Mr. Benard Membe

He said Because of these fundamental differences both sides have seen the need to find the third mediator to negotiate and see what could be a solution to the matter. In view of this, they will send a letter to the SADC mediation committee chaired by former Mozambican President Joachim in early December. In this letter they will request him to include among other professional lawyers across African continents that would help in legal matters to attain right decisions and added that the committee will work for three months and give out its decision in late March 1913. According to Membe, incase the decision would not be reached then there will be a need for the issue to be handled at the highest levels of international arbitration such as the International Court of Justice for further mediation. Earlier he explained the objective of the meeting was for the two sides to discuss options for resolving the boundary issue as considered and recommended by the joint committee of officials from both countries who met yesterday after a three day meeting with Malawian delegation which was in the country for discussions that began on Wednesday. After the talks, the ministerial meeting followed and recommended that, SADC be approached jointly by the two states to identify a mediator acceptable to both parties. According to Membe incase the SADC mediators failed, then the matter would be taken to International Court of Justice (ICJ) subject to the Vienna Convention on the law of treaties of 1969 whereby the two sides have agreed on the need for a speedy resolution of the matter. On the other side of the Malawian Minister for Foreign Affairs Ephraim Chiume expressed her profound gratitude and thanked President Jakaya Kikwete and President Joyce Banda for the steps they have taken to make sure that, the matter is solved peacefully and amicably. Both Ministers have agreed to accept with the decision passed for the resolution.

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