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.
-- '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
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