CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
by Prof.Malema, Botswana, November 1998
THEME = INTERNAT.RELAT.
The International Court of Justice in The Hague,
is expected to hear oral arguments
from both Botswana and Namibia
over the disputed Sedudu Island, in February 1999
Molosiwa Selepeng is the Permanent Secretary for Political Affairs in the Office of the President of Botswana. He says: "Oral submissions in the case will start on 15 February and it is not expected that the case will be over until 5 March 1999. Botswana will be represented by a delegation of eight, which will include two British and one German legal experts, and they will be making oral submissions before a panel of 15 International Court of Justice judges.".
The three square kilometre uninhabited island, known in Namibia as "Kisikili", is situated along the Chobe River in the Caprivi border region. The dispute goes back to 1992, after the two countries had engaged in an unprecedented military build-up along their common border. The resulting tense situation, compelled former Botswana President, Ketumile Masire, and his Namibian counter-part, Sam Nujoma, to convene a meeting in the northern town of Kasane, chaired by President Mugabe of Zimbabwe.
A communique issued after the day-long meeting, stated that a six- man Technical Commission would be appointed to determine the boundary between the two countries. The Commission was to base its findings on the Anglo-German treaty of 1890; the 1892 Anglo-German- Portuguese Treaty; and on the maps of that time. They also agreed to end any tension or action which might spoil relations between the two countries.
"Economic activities such as fishing should continue, on the understanding that nets must not be laid across the river," the final communique stated. Also, the military presence in that area must be scaled down, except for the purpose of combatting poaching activities.
But attempts to finally settle the matter amicably in 1995, failed, when the two negotiating teams couldn't agree on international boundaries. The Namibians claimed the island was "theirs" and that they had been using the island for grazing their herds and for fishing purposes for many years, well before their country attained independence in 1990.
Before they agreed that the matter be referred to the International Court of Justice, President Masire accused the Namibians of "shifting the goal posts".
In February last year, the two parties met for the first time in The Hague to submit their written arguments over the case, a move which set the pace for finding a solutio to the most controversial border dispute in southern Africa.
Botswana has engaged the services of a London-based British Professor of International Law, Professor Ian Brownlie, who will be assisted by his compatriot and an unnamed German legal expert. "Botswana's legal team will be composed of eight senior officials from the office of the President, the Department of Surveys and Mapping, hydro-geological experts and others," Selepeng said.
The two countries are also involved in yet another border dispute over Situngu Island, along the Linyanti river, 270 km north of Sedudu Island. Tension over the 14x7 km marshy area started in October last year, when members of the Botswana Defence Force discovered a ploughed field on the southern side of the Linyanti River, which, they claim, is on "their" side of the border. This led to a meeting of the Defence Ministers of Namibia and Botswana, in the Namibian town of Katima Mulilo. They agreed to the establishment of a joint Technical Committee to determine the actual border between the two countries.
Namibia pressed for the withdrawal of the Botswana troops from the area, but with no success, although the Botswana government said that people who had planted seeds in the area would be allowed to tend their fields until they had harvested their crops.
But the planned Technical Committee has not yet met, pending the approval of Namibia's parliament to participate in the mission.
END
CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
PeaceLink 1998 - Reproduction authorised, with usual acknowledgement