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Note: This document is from the archive of the Africa Policy E-Journal, published by the Africa Policy Information Center (APIC) from 1995 to 2001 and by Africa Action from 2001 to 2003. APIC was merged into Africa Action in 2001. Please note that many outdated links in this archived document may not work.


Horn of Africa: Border Peace Delay

AFRICA ACTION
Africa Policy E-Journal
October 11, 2003 (031011)

Horn of Africa: Border Peace Delay
(Reposted from sources cited below)

With implementation of the border agreement between Ethiopia and Eritrea "stuck," the International Crisis Group (ICG) has called for the U.S., the African Union, and the European Union to step up active engagement to avoid a breakdown and possible return to war. This posting contains the executive summary of a recent report from the ICG, several brief updates from the UN's Integrated Regional Information Networks, and excerpts from an allafrica.com interview with Ethiopian Prime Minister Meles Zenawi.

+++++++++++++++++end summary/introduction+++++++++++++++++++++++

UN Integrated Regional Information Networks
http://www.irinnews.org

ERITREA-ETHIOPIA: UN still awaiting demarcation date

[This material is from IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. ]

ADDIS ABABA, 10 Oct 2003 (IRIN) - The UN peacekeeping force in Ethiopia and Eritrea (UNMEE) said on Friday it was still awaiting the date for demarcation of the two countries' contested border.

"We are ready to start as soon as we are told that demarcation is ready to go ahead. But the decision is not ours," UNMEE spokeswoman Gail Bindley Taylor Sainte told IRIN.

"The only people with the key to when demarcation starts is the EEBC and the two parties," she added.

The independent Eritrea-Ethiopia Boundary Commission (EEBC) is responsible for demarcation of the 1,000 km-long border. It must agree with both Ethiopia and Eritrea when positioning of the two metre high border pillars will begin. Demarcation is scheduled to start this month.

But diplomatic sources close to the peace process told IRIN it was unlikely the process - which has already been delayed twice - will start as planned.

Ethiopia has insisted that while it is happy to let demarcation take place in the eastern sector of the border region, it does not accept the ruling in other areas.

But Eritrea is opposed to partial demarcation and says the ruling - announced in April 2002 - should be implemented in full.

UNMEE will play a key role in demarcation by monitoring the security situation on the ground and ensuring pillar sites are free from landmines.

Eritrea has refused to engage in dialogue with Ethiopia until after demarcation is completed. The only direct talks that take place are at the Military Coordination Commission (MCC) meetings between senior-ranking military officials of the two countries under UN auspices.

The next MCC meeting is due to take place on 5 November.

Western diplomatic sources in Addis Ababa say it is likely that an MCC meeting would be needed before demarcation to help "iron out" any problems.


Ethiopia and Eritrea: War or Peace

International Crisis Group

September 24, 2003

Full report available on http://www.crisisweb.org

EXECUTIVE SUMMARY AND RECOMMENDATIONS

The next few weeks will go far to determining whether Ethiopia and Eritrea resume a path toward war - which took some 100,000 lives between 1998 and 2000 - or solidify their peace agreement. Ethiopia must decide whether to allow demarcation of the border to begin in October 2003 even though the international Boundary Commission set up under the Algiers agreement that ended the fighting has ruled that the town of Badme - the original flashpoint of the war - is on the Eritrean side. The outcome will have profound implications for both countries and the entire Horn of Africa, as well as for international law and the sanctity of binding peace agreements and arbitration processes. The international community, particularly the U.S., the African Union (AU), and the European Union (EU), all of which played major roles in brokering the Algiers agreement, need to engage urgently to help Ethiopia move the demarcation forward and to assist both parties to devise a package of measures that can reduce the humanitarian costs of border adjustments and otherwise make implementation of the demarcation more politically palatable.

The two warring states agreed at Algiers to establish the Boundary Commission and accept its judgement as final and binding. The Commission made its ruling in April 2002. After a series of technical and political delays caused largely by Ethiopia's objections, in particular to the disposition of Badme, it announced in July 2003 that physical demarcation on the ground should begin in October. On 12 September, the UN Security Council extended the mandate of the United Nations Mission in Ethiopia and Eritrea (UNMEE), which monitors the border, and called on both parties to fulfil their commitments under the Algiers agreement by creating "the necessary conditions for demarcation to proceed, including the appointment of field liaison officers", providing security for the demarcation process, and pursuing political dialogue.

The governments of both Ethiopia and Eritrea face harder line elements that believe too much has already been given away in the peace process and are unwilling to countenance further flexibility. Many Ethiopians are determined not to cede any territory to Eritrea after having allowed its independence. The most potent mobilising factor for Eritreans is the threat of encroachment by Ethiopia on their hard-won sovereignty. For Ethiopians who opposed Eritrean independence, the threatened loss of Badme is emblematic of the loss of Eritrea, while for many Eritreans the fate of that town of 5,000 cannot be separated from their worry that Ethiopia may one day try to regain access to the sea. For both sides, losing Badme would make the sacrifices of the 1998-2000 conflict much harder to justify.

While neither Ethiopia nor Eritrea wants to return to combat, incidents of isolated violence have been occurring with increasing frequency along the border, as have reports of incursions by troops into the neutral zone. There is no real dialogue between the parties. Each views the other's government as decaying and its military as weak and unprepared. Each supports elements of the other's opposition, and, perhaps most dangerously, underestimates the will of the other to hold together if there is a new military confrontation. All these are attitudes eerily similar to those that prevailed prior to and during the war.

The integrity of the peace agreement is on the brink of being compromised. Despite its renewal of the UNMEE mandate and its correct insistence that the agreement be implemented immediately and without renegotiation, the UN Security Council remains relatively unengaged and preoccupied with other responsibilities. Washington, which negotiated the agreement in tandem with the AU, has largely ignored the issue, despite its interest in regional stability. The AU has remained largely silent as well.

The international community cannot afford to look away and hope for the best, however. Vigorous diplomacy is needed now. While the parties should not be permitted to deviate from implementing a Boundary Commission decision that both agreed would be "final and binding", creative solutions can be found to make implementation more politically acceptable by reducing the security and humanitarian impacts while demarcation proceeds. These diplomatic efforts should not be the prerequisite for implementation. But an early demonstration that the international community is serious about finding ways to soften the losses perceived by both parties would be a positive inducement for constructive action. Timing is important since an Ethiopian decision not to cooperate with the October schedule could set in motion a rapid deterioration of the situation, and a small incident - whether unplanned or provoked by either side - could easily escalate out of control.

RECOMMENDATIONS

To the governments of Ethiopia and Eritrea:

1. Implement the peace agreement promptly and fully and in particular provide the Boundary Commission and UNMEE all necessary support and security guarantees so that demarcation of the border can begin in October 2003 pursuant to the Boundary Commission's April 2002 decision.

2. Seek creative ways to facilitate implementation of the Boundary Commission's decision by negotiating parallel initiatives with the help of the U.S., AU and EU aimed at reducing the humanitarian impacts on the populations of the border region and preventing conflict which might result from the demarcation process.

To the governments of the United States, the African Union and the European Union:

3. Undertake an immediate public diplomacy campaign that spells out for political elites in Ethiopia and Eritrea the importance of full implementation of the Algiers agreement, the benefits of compliance, and the costs of collapsing the peace process, and develop a set of gradually escalating political and financial measures that could be applied against a party that blocks implementation of the agreement.

4. Conduct missions to the contested areas of the border in advance of the scheduled October 2003 start of border demarcation to explain the approach taken and absorb some of the responsibility for easing the political, security and humanitarian difficulties that will ensue when the parties implement the Boundary Commission's decision.

5. Begin to discuss immediately with each party, and coordinate with each other to the extent possible on, the parallel initiatives cited in recommendation 2 above, which could include the following measures:

(a) dual citizenship for affected populations, maintenance of existing citizenship in cases where administration changes hands, and/or codification of the rights of non-citizens living in either country;

(b) immediate opening of the border and negotiation of port access for Ethiopia;

(c) administration by UNMEE for a short face-saving period of the border areas that are to change hands;

(d) mutual agreement, in the context of technical alterations suggested by the two parties' field liaison officers, on small adjustments to the demarcation line to satisfy humanitarian, geographical, security or political needs; and

(e) generous compensation and development aid to affected local populations, including support for relocation, reconstruction of infrastructure, and restoration of livelihoods.

To the UN Security Council:

6. Consider early expansion of UNMEE's mandate so that it can administer for a short face-saving period the border areas that are to change hands, and instruct UNMEE once demarcation of the border has begun to:

(a) conduct joint patrols along the border with the parties; and

(b) create a rapid response verification capability to troubleshoot border difficulties and deter those who may want to manufacture a problem, including to embarrass a national government intent on fulfilling its obligations.

Nairobi/Brussels, 24 September 2003


UN Tells Ethiopia to Implement Border Ruling

UN Integrated Regional Information Networks

October 3, 2003

Addis Ababa

The UN Security Council has rejected calls by Ethiopia for a new body to rule on contested areas of the border with neighbouring Eritrea.

In a one-page response, the UN body expressed "deep regret" at the move by Ethiopia and urged it to implement the controversial April 2002 border ruling.

"The members of the Security Council therefore wish to convey to you their deep regret at the intention of the government of Ethiopia not to accept the entirety of the delimitation and demarcation decision as decided by the boundary commission," the letter said.

"They note in particular, that Ethiopia has committed itself under the Algiers Agreements to accept the boundary decision as final and binding."

Sir Emry Jones Parry, the current president of the Security Council, also stated the Council's "serious concern at the continuous and abnormal absence of political dialogue" between both countries.

The 15-member Security Council welcomed Ethiopia's "intent" to remain committed to the Algiers peace agreement that was signed between both countries in December 2000.

And they also commended Ethiopia for reiterating it will not resort to force and its commitment to resolving the issue through peaceful means.

But, the letter, said: "Only the full implementation of the Algiers Agreement will lead to sustainable peace."

Ethiopia and Eritrea fought a bloody border war from 1998-2000. An independent boundary commission was then set up to settle the 1,000 km border which was not clearly demarcated when Eritrea gained independence from Ethiopia in 1993.

But key territories, in particular the town of Badme where the war flared up, were placed in Eritrea by The Hague-based commission, sparking outrage in Ethiopia.

Demarcation of the contested 1,000-kilometre border, which has been delayed twice, is due to start this month. Observers now say the new date is "extremely unlikely".

The Security Council letter is in response to a letter from Ethiopian Prime Minister Meles Zenawi warning that the boundary commission was in "terminal crisis" and calling for a new body.

Meles also said Badme was "symbolically important", adding that it was the "casus belli" for the war between the two countries which claimed some 70,000 lives.

"The decision is thus a recipe for continued instability, and even recurring wars," the prime minister warned in his letter dated 22 September.

In his reply, Sir Emry noted: "I have been asked by the members of the Security Council to remind Ethiopia of the obligations of both parties under the Algiers Agreements...to bring the peace process to a successful conclusion."

The Council called for the "expeditious" implementation of the Algiers agreement.

"Therefore we call upon the government of Ethiopia to provide its full and prompt cooperation to the Boundary Commission and its field officers," the Security Council stated.

A spokesman for the Ethiopian government declined to comment on the letter.


Eritrea Warns of "Explosive" Situation

UN Integrated Regional Information Networks
October 3, 2003

Nairobi - Eritrea has warned of an "explosive" situation in the peace process with Ethiopia and called for action from the international community.

In his address to the UN General Assembly on Thursday, Eritrean Foreign Minister Ali Sayyid Abdallah accused Ethiopia of a "wholesale assault on the fundamental principles of international law".

He was referring to a letter sent last month by Ethiopian Prime Minister Meles Zenawi to the Security Council saying an independent Boundary Commission - set up to rule on the border between the two countries - was in "terminal crisis". Meles called for a new body to rule on contested areas of the border.

After their bitter two-year border war, both countries agreed to abide by the decision of the Commission which was established by the December 2000 Algiers peace agreement. But Ethiopia is unhappy over the ruling which puts Badme - flashpoint of the war - in Eritrea.

"The [peace] process can now be considered explosive, paving the way, as Ethiopian leaders seem to wish, to renewed conflict, with its attendant horrific consequences, unless the international community acts promptly and decisively," Ali Sayyid said.

Speaking a day earlier, his Ethiopian counterpart Seyoum Mesfin said the situation had reached a point "when the United Nations would have to take greater interest to ensure that the hopes of the Algiers agreement are fulfilled and the promises held up by that agreement are met".

"The Algiers agreements were designed to lead to durable peace between Ethiopia and Eritrea," he said. "It was not meant to punish the victim of aggression. That is why Ethiopia has felt it necessary to call on the Security Council to help us achieve the hopes contained in the Algiers agreement."

He added that Ethiopia was committed to peace and international law. "This is also how we intend to tackle the present complications in the implementation of the Algiers agreement," he told the General Assembly.


Meles Defends Demand for New Ruling on Border With Eritrea

http://allAfrica.com [excerpts only]

September 30, 2003

By Ofeibea Quist-Arcton

Tokyo

The Ethiopian prime minister Meles Zenawi and Eritrean President Isaias Afewerki are two of many African leaders who attended the opening ceremony in Japan of the third Tokyo International Conference on African Development (TICAD III) on Monday.

Although, alphabetically, the Eritrean and Ethiopian leaders should have been sitting side by side at the Tokyo conference, they were diplomatically separated by representatives from Egypt and Equatorial Guinea. ...

AllAfrica's Ofeibea Quist-Arcton, who is in Tokyo covering the Japan-Africa development conference, sought out the Ethiopian prime minister to find out more about Addis Ababa's position on the disputed border and relations with Eritrea.

Q: Prime Minister Meles, Ethiopia pledged to abide by the International Boundary Commission's ruling on the Badme border with Eritrea. You changed your mind once it was awarded to Eritrea and questioned the decision. Now you're are asking for a review and a new commission. Why?

A: Our commitment is to resolve the problem peacefully. We still have that commitment. We are not going to initiate any conflict. We will resolve this peacefully and diplomatically and legally. That is the first point.

Secondly, the Boundary Commission was supposed to make decisions on the basis of the terms of reference we gave them. It was a two-way contract. We were to accept its rulings, they were to accept the terms of reference they were given. In our view, the contract has been breached by the Boundary Commission.

Q: In what way?

A: Their decision is not based on the terms of reference that we gave them.

Q: But, with all due respect, it sounds like sour grapes because the Commission awarded Badme to Eritrea rather than to Ethiopia. And people are saying that you have not honoured your pledge to accept the ruling of the Commission.

A: No, as I said, we honour our pledge to resolve this problem peacefully and on the basis of the terms of reference of the Algiers agreement. The breach of the contract I think is that of the Boundary Commission, it is not ours.

Q: Please tell me specifically where you feel the Commission breached the contract.

A: Let me give you a specific example. They were supposed to delimit the boundary and demarcate it on the basis of two principles, the colonial treaties and applicable international law.

Now if the colonial treaty is very clear, they were to follow the colonial treaty. If the colonial treaty was ambiguous, they would follow applicable international law.

Now in the case of Badme, the Boundary Commission said the colonial treaty is absolutely clear. And they indicated where the colonial treaty boundary is. But they decided to forego that decision and apply applicable international law. We said fine. And in applying the applicable international law, they selected a principle called the established practice of the parties. We said no problem. And in applying the principle of practice of the parties they, among other things, divided a single village into two and a single homestead into two. ...

Q: Are you prepared to go back to war if the Commission sticks to its original ruling?

A: No, no. As I said earlier on, we insist that this problem should be resolved peacefully and diplomatically. No wars! ...

+++++++++++++++++++++Document Profile+++++++++++++++++++++

Date distributed (ymd): 031011
Region: East Africa
Issue Areas: +political/rights+ +security/peace+


The Africa Policy E-Journal is a free information service provided by Africa Action, including both original commentary and reposted documents. Africa Action provides this information and analysis in order to promote U.S. and international policies toward Africa that advance economic, political and social justice and the full spectrum of human rights.

URL for this file: http://www.africafocus.org/docs03ej/horn0310.php