Feature
By Frazer Potani, Lilongwe, Malawi

The matter between these two neighbouring countries in southern Africa has been unresolved for over 50 years. No wonder its eruption is a hot debate within the countries themselves and even beyond!
It all started when over 150 years ago, a man of God discovered this same water body and asked for its name from the local indegineous people he had met on the water body’s shores.
Yes! When Scottish missionary David Livingstone left his home village of Blantyre and arrived in Mangochi in late 1850s and interacted with the Yao people on the shores of the country's largest lake also Africa's third largest and the world's eighth biggest, and asked them its name, the locals told him that it was Lake Nyasa.
By then all the people surrounding the lake despite where they came from lived in peace and harmony and benefitted from its resources.
One would have automatically thought that since Malawi and Tanzania have alot of things in common and since time immemorial lived in peace and shared Lake Malawi's resources then they would continue just doing that.
However, this is not the case since the two countries are indeed free and independent but still mentally stuck in colonialism.
But how? Based on the boundaries that were drawn on Lake Malawi also Lake Nyasa in Tanzania by the colonial powers in 1890 the two countries are now locked in a dispute on who owns the lake itself.
The matter has since so far been referred to the Forum of Former Heads of States of Southern Africa in Maputo Mozambique under the chairmanship of Mozambique's retiring president Joaquim Chissano.
Before taking the matter to Mozambique Malawi’s President also southern Africa's lone female Head of State Joyce Banda said that her government would not hold further talks with Tanzania over ownership of Lake Malawi until Tanzania addresses its actions on the disputed water body.
“We made our position clear in protest that there shall be no further discussion with our colleagues on the other side when Malawians are being harassed on the lake, a new map has been issued and a boat is patrolling on the other side of the lake,” she Banda adding that Malawi wanted to see the issues it had raised addressed before talks move forward.
She further explained that Malawi Government did also not then file its case against Tanzania to the African Union (AU) and the Southern African Development Community (Sadc) but rather only informed them.
On his part Malawi's Foreign Affiars Minister Ephraim Mganda Chiume said it is in Malawi's interest that the matter at hand be resolved peacefully.
"Since time immemorial Malawians and Tanzanians have lived in peace and harmony therefore it is in the interest of Malawi Government to peacefully resolve this matter for the benefit of the two neighbouring countries," he explained.
Tanzania expressed a preference for AU or Sadc mediation in the territorial dispute, rather than involving the International Court of Justice (ICJ), as Malawi has sought to do.
Tanzanian officials acknowledged carrying out patrols of the lake, although they had denied that Malawians were being targeted by the patrols or harassed.
Tanzania also explained that the map that was issued, which showed the border between the two countries running through the middle of the lake, was for “administrative purposes” and to avoid “confusing” its citizens about the issue.
Tanzania's President Jakaya Kikwete said the map of Lake Malawi also Lake Nyasa in his country were flawed hence there was a need to review them.
Tanzania's Foreign Affiars Minister Bernard Membe on the other hand admitted that his country's security agents were carrying out “normal” patrols on Lake Malawi.
He disclosed that several people, including two Malawians, were found to be fishing illegally on the Tanzanian side of the lake.
“This, however, does not mean that we have been actively targeting Malawians,” Membe told The Citizen newspaper. He added that Tanzania would continue to pursue diplomatic means, including seeking mediation, to end the dispute with Malawi.
Tanzanian Prime Minister Mizenga Pinda also told the BBC this month that Malawi and its citizens must ensure that they only concentrate on their side of the lake during fishing and oil exploration activities.
Tanzania's ambassador to Lilongwe, Patrick Tsere emphasized that there is no way his kinsmen can be seperated from the water body currently under dispute since it is a shared water resource by people from Malawi, Mozambique and Tanzania.
"In fact over 400,000 Tanzanians are benefiting from this water resources," he said.
Tsere's claims are backed by a Malawian demographic expert who revealed that over 2 million people depend on the lake.
"Minus the claims that Lake Malawi belongs to Malawi it's indeed a fact that the water resources is shared. Roughly about 1.5 million Malawians and 600,000 Tanzanians depend on the lake for their livelihood," said the statistician who pleaded for more time to indicate the number of Mozambicans also benefitting from the same lake also referred to as 'Lago Niassa' (Lake Nyasa) in that country.
The Malawi-Tanzania lake border dispute has in itself brought some tensions among the communities living along the lake shore.
"Our prayer is that this matter be resolved once and for all because we are living in fear," explained Dorika Mwakiyanjala, 54, from Karonga, northern Malawi who used to go to cross the border to Kyela in Tanzania every 14 days.
"I am a business woman and used to go to Kyela with sugar to exchange it with clothes. But of late I only go there just once per month because Tanzanian immigration authorities at Songwe border unlike before lake border dispute have become very harsh and are mistreating us," she said.
Reports went rife that Tanzania’s Army was ready to fight against Malawi over the disputed lake.
Even local Tanzanian elders told their Foreign Affairs Minister Bernard Membe that they were ready to fight against the Joyce Banda administration over the matter because it was not appreciate that rivers from Tanzania empty their water into Lake Malawi.
It had to take Membe to pacify them by telling them that their government would do everything to peacefully resolve the matter in favour of Tanzania.
Tanzania insists that a partition drawn in the middle of the lake stressing that this is the international normal practice among countries sharing water bodies.
“As a country, we have sought recourse to international law, which indicates that borders are generally in the middle of a water body…therefore Tanzania own half of the lake,” explained Membe.
He added that the said treaty Malawi was claiming as the basis of owning the whole lake was flawed because it denied Tanzanians living on the shores of the lake their given right to utilize proximate water and marine resources to earn their daily livelihood.

Malawi’s Defence Minister Ken Kandodo (a nephew of the country’s late first president Hastings Kamuzu Banda) said Malawi was ready to defend its territory.
The country’s Civil Society Organizations (CSOs) and Opposition political parties also said they were behind Joyce Banda and her administration on the matter and told her never to submit even an inch of the disputed lake to any country’s territoy because the whole water body belongs to Malawi.
Malawi's Foreign Affairs Principal Secretary Patrick Kabambe however, admitted that Malawi Government was aware that some people especially along the lakeshore are living in fear due to the on-going border dispute between the two countries.
“In fact this is one of the main reason that we as government want this matter resolved once and for all and as quickly as possible to enable these people live their normal lives without any fear," he explained adding that after several attempts to settle the dispute the two parties agreed to seek a third party intervention.
"We came to the realization that we have failed and we needed a third party to help us," said Kabambe.
“The matter has taken a long time and is stalling development such as the exploration of oil in the lake itself. In addition, most Malawians living in Karonga and along the lakeshore are living in fear. They are not sure if there is a coming war or not. This is why we want more the issue to be dealt once and for all. We should not be talking about this same matter forever,” he said.
Kabambe also urged people living along the shores of Lake Malawi to live normal lives without fear.
“We have to direct our resources at developing the country and not on the dispute with Tanzania. We need to conclude this matter so that we can tap on the resources on the lake,” he explained.
On his part a Malawian Educationist, Economist and Historian, Desmond Dudwa Phiri said Malawian authorities need to critically look at Mozambique’s involvement in the mediating team in the Malawi-Tanzania border wrangle.
Phiri claimed that Mozambique was not in any way supposed to be part of the mediation process because it is an interested party.
He explained that when considering retired presidents those of Malawi and Tanzania were deliberately excluded because they also have an interest in the wrangle over Lake Malawi.
“Over there [in Tanzania], they still call it Lake Nyasa. An ex-president of Botswana and South Africa is not likely to have interest in the Lake Malawi dispute. But an ex-president of Mozambique is too close to the problem to be completely disinterested. Though ex-president Joaquim Chissano is one of Africa’s most respected ex-presidents, I do not think he is disinterested enough to be chairperson of the committee which is to advise Malawi and Tanzania,” said Phiri.
He disclosed that on his visit to a business office within Malawi he saw a map hanging on a wall.
“On the wall of the sitting room was a map of Africa apparently from Mozambique judging by the captions and spellings there I noted that like Lake Tanganyika, Lake Malawi had a line running in the middle from south to north. I got the impression that in Mozambique they do not accept the map of the lake that the British were managing both in Malawi and Tanzania which shows that the boundary between Malawi and Tanzania was the eastern shore of the lake,” said Phiri.
He added that if this is the way they draw the map in Mozambique then an ex-president from there cannot be fully impartial in the Malawi-Tanzania border dispute.
“There are [also] other reasons for this that Mozambique is an interested spectator. I understand at one time, the Mozambique Government contacted the Malawi Government and asked to let it send an observer team to the discussions between Malawi and Tanzania. The Malawi Government rejected the request. If Mozambique was not interested in the matter it would not have requested to be represented at the talks,” said Phiri.
He explained that one reason the Malawi-Tanzania dispute over Lake Malawi has resurfaced with sound and fury is the smell of oil at the bottom of the lake.
“Any oil exploration on Lake Malawi is therefore, of interest also to Mozambique, if nothing else atleast for environmental reasons,” said Phiri adding that like most people who have been interested in African affairs, he respects Chissano.
“I regard ex-president Chissano as one of Africa’s great sons. My suggestion that he should be replaced by someone else is based entirely on the feeling that no Mozambique statesman can view the dispute between Malawi and Tanzania with complete detachment,” explained Phiri adding, “I suggest that Chissano’s place should be taken over by an ex-president outside the Sadc region. My first choice is Dr John Kufuor of Ghana.”
Phiri disclosed that he used to live in Dar es Salam between 1952 and 1964.
"At no time did I read or hear of disputes between Tanganyika [now Tanzania] and Nyasaland [now Malawi] over the lake. Instead, the Tanganyika Government, headed by a British Governor, was telling Tanganyikans that if they wanted to do commercial fishing on Lake Nyasa, they must obtain licenses from the Nyasaland Government," he explained adding that both Nyasaland and Tanganyika were being ruled by Britain.
"...and it was Britain that in 1890, through the Heligoland Treaty, had signed with Germany that the whole northern Lake Nyasa be part of Nyasaland, with whom then was Britain disputing during the colonial days of Tanganyika and Nyasaland as the Tanzania delegate was telling the workshop," said Phiri.
He further explained that between 1920 and 1964 only Nyasaland ships were sailing on Lake Nyasa.
"If part of the northern lake belonged to Tanganyika, why was there no Tanganyika ship on it?" asked Phiri.
He was however, quick to urge Malawian scholars to do more research to defend the lake's ownership in favour of Malawi.
"It is said Mwamuna Mnzako Mpachulu; in other words, do not relax the fight because when you think victory is yours, you will find you have slipped backwards and lost the battle. Tanzanian scholars are ransacking every scrap to find something that supports their case. Malawian university scholars should make thorough research into the circumstances under which Britain got all the northern part of the lake despite the provisions of international law. You will probably find that Britain surrendered to Germany something, such as land, which should have been part of Nyasaland or part of another British colony," explained Phiri.
But Sydney Ndembe who witnessed the Argentine-British War over Falklands Islands in the early 1980s said it was just unfortunate that Malawi and Tanzania are engaged in an unnecessary border dispute over the lake whose facts are crystal clear that it is a shared water resource.
“The river Songwe courses from Tanzania down and forms a lagoon and becomes a lake. The water partly continues to flow through a river called Shire and goes all the way to Zambezi and the Indian Ocean. The lake has shores in Mozambique, Tanzania and Malawi. All these countries have a share in the water there is no question about that,” he explained adding that therefore, there is a need for all the people in the concerned countries to be sober on the matter.
“The lake is neither owned by Malawi or Tanzania or Mozambique. It is owned by God Almighty. It was given to the people of the earth to harvest water, fish, crabs, birds and anything therein. There is no need for fighting over it. In war there are no winners, all are losers. People get displaced and there are untold miseries and hardships in war,” explained Ndembe adding,
“Britain and Argentina fought over the Falkland Islands in the eighties, a lot of money went towards that war, missiles were used and ships were sunk and a lot of lives were lost. I was there at the time so I know what I am talking about.”
The Malawi-Tanzania lake border dispute resurfaced after Malawi granted the United Kingdom (UK)-based Surestream a license to explore for oil in the lake and reportedly also held talks with oil giant Chevron and others as well on the project.
The dispute over the lake has also brought to light the impact oil drilling would have on a fresh water lake rich in biodiversity including 2,000 different fish species which attracts scuba divers from all corners of the world.
Local Malawian environmentalists fear that drilling in the lake will damage eco-tourism and the marine environment affecting the fishing region in the northern part of the country.
Meanwhile, Malawi’s late president Bingu wa Mutharika emphasized the need for Africa to do away with all forms of addiction to colonialism and instead, start believing in herself if the continent is to achieve sound social-economic developments at all levels to overcome rampant poverty currently outweighing its people.
“Africa should forget about achieving its goals unless the continent decides to wake up and stop eating, thinking, dressing and even smiling the colonial way. It would for example be senseless to promote ‘Boosting Intra-African Trade if Africans continue to be jealousy of each other and promote a wrong perception that only good things come from Europe,” he charged.
Peter Henriot, a Catholic born in Tacoma Washington, is a member of the Zambia-Malawi Province Society of Jesus (Jesuits) and one of the few great thinkers in southern Africa.
He has since 1990, worked at the Jesuit Centre for Theological Reflection (JCTR) in Lusaka, Zambia.
The JCTR is a project of the Zambia-Malawi Province of the Society of Jesus, founded in 1987 to assist the local church and other groups in matters of political, economic and social justice concerns, through research, education, advocacy and consultation.
Their work includes studies on constitutional reform, good governance, poverty eradication, debt cancellation, education for justice and theological reflection.
Henriot concurred with Mutharika by saying that although African states claim to be free after attaining Independence from Western countries there are to date some forms of colonialism still taking place that have been contributing to the continent’s snail pace social-economic development including fuelling poverty.
“In order to understand the significance of globalization in the African context, there are two premises that I believe focusing the debate more realistically,” he said.
Henriot added that the first premise is that it is important to understand that today's "globalization" is actually the fourth stage of outside penetration of Africa by forces which have negative social consequences for the African people's integral development.
“This outside penetration has occurred over the past five hundred years in a variety of forms. The first stage was the period of slavery, during which the continent's most precious resources, African women and men, were stolen away by global traders, slavers, working for the benefit of Arab, European and North American countries,” he said.
The priest disclosed that estimates vary from two to ten million slaves extracted from the continent, with disastrous economic, social and psychological effects.
“I come originally from a country, the United States of America, whose industrial progress in the north during the eighteenth and nineteenth centuries depended upon agricultural progress built unjustly, inhumanly on the backs of African slaves who toiled in the fields of the south,” said Henriot.
He further explained that the second stage was the period of the actual colonialism itself when British, French, Belgium, Portuguese, Italian and German interests dictated the way that map boundaries were drawn, transportation and communication lines established, agricultural and mineral resources exploited, religious and cultural patterns introduced.
“Whatever minimal benefits might have come to Africans because of colonialism were far outweighed by the many negative consequences of economic exploitation, environmental degradation, and social dependencies. Indeed, many of today's ethnic conflicts which attract international attention trace their origins back to colonial stratagems,” said Henriot.
The Catholic priest further said the third stage has been described as "neo-colonialism," what the late Pope Paul VI also called "the form of political pressures and economic suzerainty aimed at maintaining or acquiring dominance."
“The independence struggles begun in the late 1950's may have brought local governmental rule to the many nations of the continent but did not break the ties -- subtle and not so subtle -- that bound Africa's future to outside influences,” said Henriot.
He added that trade patterns, investment policies, debt arrangements, just but mentioning a few all reinforced earlier conditions that were not beneficial to Africans.
“Another striking example was the political manipulation of African states as bargaining pawns during the Cold War, with the resulting legacies of armed conflicts, for example, in the Horn of Africa and in southern Africa,” said Henriot.
He also expounded that presently we have entered the fourth stage, the period of globalization, characterized by an integration of the economies of the world through trade and financial flows, technology and information exchanges, and movement of people.
“The dominant actor in this stage is the free market. The globe is conceived as one market directed by profit motivations of private enterprises that know neither national boundaries nor local allegiances. In this stage, Africa experiences both minimal influence and maximum consequence,” said Henriot.
He explained that the second premise is simply the statement of an obvious but not always acknowledged fact: globalization is not working for the benefit of the majority of Africans today.
“While globalization has increased opportunities for economic growth and development in some areas, there has been an increase in the disparities, and inequalities experienced especially in Africa,” said Henriot.
He added that apart from some elements of colonialism blocking Africa’s development the continent has also among other things been struggling to achieve social-economic development due to mal-administration including limited fundamental freedoms and unending conflicts.
Henriot said for instance, the majority people within countries in Africa continue to suffer from pangs of poverty because African leaders have been enriching themselves through corruption using resources meant for development.

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