The border dispute between Ethiopia and Eritrea: the un-answered question of Ethiopian coast line  

By Yasin Ali

Allow me to express my opinion regarding this issue which has been much discussed recently, disputed and ultimately caused great loss of precious lives, uncountable properties and severe economic damage to both countries. Needless to hide my concern on the Ethiopian perspective based on the following un-answered questions. Here the list of essential questions is quite long but the answers by the current Ethiopian Government. (In the first place) and some concerned International Bodies are rather short, plainly unsatisfactory , if not intentionally harmful .

The essential questions and relevant facts are, to me, as follows :

During the last war admittedly initiated by Eritrea (simply refer to Mr. Issaya's famous joke about the sun set), the Ethiopian army was not allowed to finish its job (while the enemy was desperately crying uncle) of securing also control of the coast line (Assab Autonomous Administration) lost it or illegally surrendered it in 1993. The objective facts on the ground matter indeed. Among the most recent facts (carefully avoided though), Eritrea was a province of Ethiopia in the same way Assab was an Autonomous Administration, and the former rightfully achieved its independence.

Fact is also that during those turbulent times, Eritrea managed by hooks or by crooks to secure not one but factually two legal entities / provinces; Courtesy of EPRDF.

It is also a fact that, when Eritreans were called to express themselves in a referendum in 1993, EPRDF was still a transitional government without a legal mandate to bind Ethiopia on such major issues as to willingly ( knowingly or not) surrender not one but two provinces - Illicit. It is not in the records that EPRDF did consult the Ethiopian people on this major issue. With the peace agreement signed between the warring parties in June 2000, the incumbent governments of both countries ‘chose finally to go to court’ . As a last resort. However, In the worst tradition of African inept & corrupt leaders and governments , they both ‘agreed’ to tell the International Court how it should conduct its business and do its job.  

Fact is that this International Court was clearly told ( or mandated , or ordered - you chose, Madam); to pass judgment in accordance to strangely picked so-and-so colonial treaties, and International Law (just by chance?). Not only that; they also ordered (or instructed) the International Court not even try to consider its ‘ ex aequo et bono ‘ prerogatives.

There is still this argument as to why they have gone to court – in the first place - if they believe they are the judge or try to play that part, or try to dictate African dictators’ style. Reportedly, those ‘never ratified Treaties’ which, on another note, were factually rendered null and void by the Italian invasion of Ethiopia just before WWII were chosen as the legal basis to settle their dispute.  

I am still waiting to hear or read about any plausible reason as to why these were invoked, to start with.  
Are ‘These Treaties ‘ still legal and can be lawfully invoked in this connection? I simply think, it is for the International Court to determine that.

Are ‘Those Treaties’ in accordance with or in contravention of International Law? I simply think, it is for the International Court to determine that.

 Would the International Court allow itself to be told: just do it this way, and only this way, because we have agreed to tell you so? I simply do not think so.

Would the International Court determine , despite all the ever-growing  protests of the civil Ethiopian society and the opposition parties, that the ' parties in power ' have indeed acted in bona fide and the best interests of their own citizens? I simply do not think so.

Some say, well, the Ethiopian right to her 'recently lost' coast line, is simply not in dispute in this occasion .  Well, sooner or later this is likely to become the single most important demand by the ever-growing voice of the now silent majority in Ethiopia , not to mention the ever-growing opposition parties.   I do not think these likely developments can be totally ignored by U.N. and the International Court  opting for unwise and unbalanced solutions which may likely lead to more damages than any good.

I am not a lawyer , but it seems to me that the International Law is here paramount, independent and must be allowed to take its own course . Simply: leave them doing their own job. Some still argue that it also a fact that EPRDF ( while transitional government ) has validated then the above mentioned Eritrean referendum and accepted to surrender also Assab A.A. together with the province of Eritrea, because EPRDF did not know or could not understand what to do with it.

Right, it is a proven fact also that - like its former Italian colonial masters - Eritrea invaded Ethiopia in 1998 and factually rendered null and void even that illicit undertaking . It may be also important to mention here , that Local or International Law determine , recognize and allow for reversible errors. And impart legal remedies. It also suggested in some corners that the coast line ( admittedly Ethiopia lost it fraudulently in 1993 ) is not in dispute and therefore may not be even considered in the legal process by the International Court .  

Well, well. Per its own discretion the International Court may even ask the parties to come back another time, and try it again once they have reconciled with the ‘ ever growing oppositions ‘ (another undeniable fact on the making in both countries) and become more representative towards the will of the vast majority of their own citizens.  

Especially when they are clearly responsible for all this tragedy, or for failure to avoid it. Will this International Court simply rubberstamp , upon order received , the desire of two antagonizing ‘parties’ in power  (which may not last very long either ) just because ‘these parties’ decided carefully not to dispute the coast line , and let it likely become the real motive for the next tragedy inflicted to millions of un-represented people? I simply do not think so. Nor do I think that this International Court is oblivious of the fact that these two ‘ clever ‘ parties were the ones who inflicted all the suffering to uncountable people of both countries, in the first place.  

I still refuse to think that adequate consideration and weight may be denied to the stand of the several opposition parties and sentiments of the vast silent majority, which at end of the day are the beneficiary or victims of any unfair settlement . Parties in power and the fat-cats never suffer in Africa.

 One of the International Court prerogatives (again it can’t be limited by disputing parties ) may be to consider carefully all implications of their judgment to bring about peace , reconciliation and try to minimize the risks of further tragedies which were the ‘main reasons for going to court in the first place‘. 

Some two decades ago, meeting Eritrean friends in Bologna - Italy, I was then jokingly telling them that a fair settlement – avoiding future and unfortunately un-avoidable tragedies like the ones we witnessed recently (and luckily live to tell to our new generations) - was for Ethiopia to keep its own coast line , that is: Assab Autonomous Administration, which they had unknowingly retained, when Ethiopia was in the midst of turmoil and difficulty. What went wrong must be righted, sooner or later. It is also in their best interest (next time they may not escape lightly).

Being a private business-man, I was adding that not even that was sufficient for the real mutual benefits, respect and development of both countries. Liberal democracy, free market, cooperation and accelerated development were paramount. Same thing today. Recently while in the Middle East for business, I have come across to a very recent map of Africa. The evident answer was right there before my eyes. Publicly and widely in use for business purposes.  

Map-2

Those brave people marching peacefully in New York on 25.03.02 deserve our support and prayers. Please tell them not to forget signing the petitions in good numbers, too. Documents count.

Yasin Ali

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