Malawi and Tanzania border dispute over Lake Malawi and Cote D'Ivoire: sporadic attacks make security sector reform necessary

On Monday 30 July, Tanzania asked Malawi to stop oil and gas exploration activities in Lake Malawi until the border dispute between the two countries involving the lake is resolved. In September last year, the government of Malawi’s late president Bingu wa Mutharika awarded an exploration licence to the British firm Surestream Petroleum to search for oil and gas in the giant lake. The company is currently conducting an environmental impact assessment. There is concern that the border dispute could escalate if ‘black gold’ is discovered.

Lake Malawi (Lake Nyasa according to Tanzania) is Africa’s third largest water mass, covering about 20 per cent of Malawi’s total land mass, and is home to 1 000 endemic species of fish.

The latest dispute began when Malawi’s fishing and tourism activities allegedly started encroaching on Tanzanian territorial waters. The Tanzanian MP for the Mbeya region, Hilda Ngoye, has argued that the people of Tanzania living around the lake have the right to fish and engage in other productive activities on the lake without being intimidated. Tanzania’s Attorney General, Frederick Werema, responded to Ngoye’s concerns by asserting that the people of Tanzania should not have to ask for permission from Malawi to fetch water from the lake. However, Malawi is acting on the supposition that the entire body of the lake belongs to it.

The government of Malawi maintains that, according to the 1890 Anglo-German agreement, the border between Tanzania and Malawi is the north-eastern edge of the waters of Lake Malawi. However, the country is willing to engage with Tanzania to reach an amicable resolution. The last time the issue of the lake boundary was publically disputed by Tanzania and Malawi was in 1967–1968. Although the border dispute remained largely unresolved, it has not been the subject of policy statement or great national concern on either side. 

Tanzania’s Attorney General has pointed out that international law requires a border to be in the middle of a body of water.  

Talks between the two countries on the matter will resume on 20 August 2012 in Mzuzu, Malawi. The government of Malawi hopes that it can reach an agreement with its neighbour and that the two countries will sign a memorandum of understanding in light of recent developments in and around the lake relating to oil and gas exploration. According to media reports, Tanzania has also since announced plans to purchase a new ferry for use on the lake. The Tanzanian Attorney General has said that if an amicable resolution was not reached in the diplomatic talks with its neighbour, the country would seek international intervention to resolve the dispute. In that scenario, the neighbours may have to justify their legal claims to the disputed territory before the International Court of Justice, given the lamentable absence of similar regional or continental architecture to back the doctrine of ‘African solutions for African problems’.

Côte D’Ivoire: sporadic attacks make security sector reform necessary

Attacks by armed groups in Côte d’Ivoire continue to raise concerns over the state of security in the country. After the attacks in the western region that killed eight United Nations (UN) peacekeepers in June, recent attacks in Abidjan, the heart of political and economic power in the country, brought to the fore the imperative to undertake, speed up and effectively complete the security sector reform (SSR).

On Monday 6 August 2012, a group of armed men attacked a military camp in Akouedo in Abidjan. The attack left seven soldiers dead. The previous day, a similar attack took place in Yopougon, resulting in the killing of five soldiers from the Republican Forces of Côte d’Ivoire (RFCI). These incidents came a few weeks after the government made an announcement on a foiled coup meant to destabilise the current government.

There is no doubt that Côte d’Ivoire has made significant gains in terms of peace efforts since the political violence following the November 2010 elections that brought the country to the brink of all-out war. While the country managed to avoid war, the current situation in Côte d’Ivoire is still extremely fragile. As with previous violent clashes, the government was quick to point to former members of the national defense and security forces and militias close to Laurent Gbagbo, the former president now standing trial at the International Criminal Court (ICC).

In reality, Côte d’Ivoire is facing numerous challenges, including stalled SSR. For almost a year, SSR has not been able to move beyond the integration of former rebels into the national army under the new name of the Republican Forces of Côte d’Ivoire. Though there are many plans under discussion, key actors involved still have to come up with an integrated approach to speed up reforms in major security agencies.

Indeed, there are military, political and social dimensions to the ongoing violence in Côte d’Ivoire. At a military level, two main problems remain to be resolved. Firstly, the harmonious functioning of the command structure across the various units of the army and security agencies needs substantial improvement. Secondly, it is perhaps time to pay attention to the practical phase of the disarmament, demobilisation and reintegration (DDR) process, mainly the many volunteers and traditional fighters commonly known as dozos who joined the fight during the post-electoral crisis. Moreover, the new armed forces are still hampered by a lack of equipment as a result of a continuing United Nations (UN) arms embargo, yet the country faces the problem of a proliferation of small arms. The longer it takes to tackle this, the riskier it will be for peace and stability in Côte d’Ivoire.

At a political level, current arrangements meant to respond to the need to create a balance among the political forces that supported the election of President Alassane Ouattara, have not yet been able to usher in effective institutions, rule of law, a transparent and equitable justice system or an all-inclusive political consensus. The former ruling party, the Front Populaire Ivoirien (FPI), boycotted the 2011 legislative elections and continued to reject most attempts by the government to have a national dialogue on the political future of Côte d’Ivoire. At a social level the truth and reconciliation process, a key process to foster national cohesion, faces serious challenges due to the intransigence of former president Gbagbo’s party members and a perception of impunity within the current government.

In his reaction to the attacks, President Ouattara promised to create a National Security Council (NSC) and a single authority to complete the DDR. If this is translated into action, it will be an important step in the peacebuilding process. It could provide for the adequate structure and institutions to address the complex challenge of disarming, demobilising and reintegrating former combatants into society. However, for this to have a positive impact on peace and stability in Côte d’Ivoire it will require greater effort to make the truth and reconciliation exercise more effective, as well as a guarantee of socio-economic opportunities for the demobilised soldiers.

In the meantime, there are many questions that still need to be answered, including the real objectives of the various armed groups operating in the country. Beyond allegations of coups and threats to make the country ungovernable, it might also be important to reassess the relationships among the various units of the RFCI, as well as former national defence and security forces members who have been left out or neglected under the new dispensation.

It is hoped that the renewed mandate of the UN Operation in Côte d’Ivoire (UNOCI) until July 2013 will provide the government with the necessary support needed in the post-conflict reconstruction process. While calling upon the government to develop and swiftly implement a DDR programme with ‘a clear eligibility criteria, a new secure and transparent database, and a central oversight authority’, the UN also insisted on the need for a consolidated political dialogue and an impartial justice system. So far, these issues remain highly challenging.

Compiled by the Conflict Prevention and Risk Analysis Division