Tanzania owns part of Lake Malawi, minister says after meeting President Mutharika
Tanzania’s Minister of Foreign Affairs and East African Cooperation Dr Augustine Mahinga has said that part of Lake Malawi belongs to Tanzania, where they call it Lake Nyasa.
Mahinga said this on Monday when he met Malawian President Peter Mutharika at Kamuzu Palace in Lilongwe.
“This is a sensitive and contentious matter,” said Mahinga.
He said the old map, drawn before Malawi got its independence from the British, clearly shows a good chunk of the waters of the lake belong to Tanzania.
Mahinga, therefore said Tanzanians are not rewriting history.
His comments, ahead of the start of dialogue between Malawi and Tanzanians on the matter, will be a thorny issue.
Malawi and Tanzania returns to the negotiating table over the lake issue after Mutharika initiated the talks following his meeting with his Tanzanian counterpart the popular President John Pombe Magufulu a week ago on the sidelines of the AU summit.
In his remarks, President Mutharika said despite the Lake Malawi wrangles, the relationship between the neighbouring nations has always been cordial and should be enhanced.
“Malawians and Tanzanians are basically one and the same people as they share similar cultures, language, practices; and a common ancestral heritage. As one people, it is important to continue strengthening our historical relations that exist between us,” said Mutharika who has lived in Tanzania during his time he stay abroad.
Mutharika said his talks with President Magufuli in Addis Ababa, Ethiopia they discussed “various issues of mutual interest.”
Hre said: “The meeting opened a new level of cooperation, since both of us have strong desires to improve and enhance our relations to the higher levels.”
Malawi and Tanzania have signed a Joint Permanent Commission of Cooperation (JPCC.)
Mutharika said he was “grateful” to Tanzania for accepting Malawi’s invitation for a JPCC Meeting in Lilongwe.
He pointed out that the commission has for the first time signed the Memorandum of Understanding on Political and Diplomatic Consultation through which the two countries will cooperate on matters of foreign relations which include: holding of quarterly meetings between Ministries of Foreign Affairs in each other’s countries with Resident Missions, holding bi-annual meetings between Ministries of Foreign Affairs and convening of the JPCC’s according to schedules.
“I am gratified that the meeting also made a lot of important agreements towards trade and investment promotion between the two countries which include: the establishment of the Simplified Trade Regime (STR) which will economically benefit Small and Medium scale businesses plying their trade between our two borders; establishment of the One Stop Border Post (OSBP) at Kasumulu/Songwe Border, which will make it easier for our traders to ply trade between the two countries,” said Mutharika.
The two nations also agreed on finding solutions to the Tariff and Non-Tariff Measures by March 2017, which affected trade between the two countries especially duties charged on Malawi Sugar in Tanzania and a Bilateral Air Services Agreement (BASA) which will create a new opportunity for the air travel business and investments as it will enable Malawian Airlines to expand its operations in Tanzania.
Mutharika also revealed that Malawi and Tanzania have agreed to improve on areas of transport and communications systems including rehabilitation and upgrade of the road transport networks of the Northern Corridor and the joint exploration of feasibility of constructing rail links between Mbeya and Northern Malawi, Mbeya and Itungi Port to Malawi, and Mtwara through Mbamba Bay to NkhataBay.
“The operationalization of the Mtwara Development Corridor will go a long way in enhancing our shared goals in the socio-economic development of our countries” the Malawian leader said.
On his part, Mahiga said the commission also agreed on the development of the Songwe River Basin Development Programme, enhance cooperation in energy matters, tourism, health, education, agriculture, mining, fisheries, sports and gender.
“We have also agreed to start training each other’s Diplomats; Cooperation in Local Government Authorities whereby officials along the border Districts and regions of our two countries will be meeting on a regular basis to share best practices for mutual interest; cooperation in public service management reforms and supporting each other in common positions and each other’s candidates in regional and international meetings,” the Tanzanian minister said.
Foreign Affairs minister Francis Kasaila said he is upbeat the lake dispute talks will go on smoothly once they start in a few weeks time.
Meanwhile, exploration of oil and gas continues in Lake Malawi. Tanzania became interested in the lake after large deposits of oil and gas were discovered in the lake.
Follow and Subscribe Nyasa TV :
Tili ndi zitsilu ku Ministry of Foreign Affairs, mpaka kulola minister wa ku TZ kumazachallenger pamaso pa President?? Nanunso a President chisilu chilichonse chingabwere muziko muno kukumana nacho. kaya ma junior staff aku IMF kukumana nawo, mabusinessmen aku China kukumana nawo. Panalibe zifukwa zokumana ndi nduna ngati munakumana ndi magufuli. Ndunayi ikanakumana ndi nduna inzake osati nyasi zimene mwapanga apa mpaka kukukodzelani nkamwa. Kodi ma adviser anu alikuti. Kusowa utsogoleli pankhani imeneyi kuyambila Joyce Banda ndi inu a Mutharika sikuthandiza a Malawi.
Copied from Comment by Moshe Luwinga on September 4, 2013 at 9:28 on Tanzanian blog on quashing the 1890 Heligoland Treaty
I have read this article twice just to understand what the Dr. is trying to put accross. I agree with him that Malawi was given an unfair edge especially considering the local communities who depend on the lake for their day to day survival. a few points which can be drawn from this article are:
1. The status quo is that Malawi owns the entire northen part of the Lake as at now
2. Tanzania wants the lake boarder to be changed from the shore to the middle
Lets look at both sides
Tanzania’s stand is a bit dangerous. are they tryn to set a precedent here? I mean almost all the boaders in Africa were drawn by the colonialists. One day each and every African country will wake and say, no am not happy with the boarders set by the colonialists, lets change our borders. in other words we will have a totally new look africa, with some countries gaining areas and some losing! definately each country will want to gain but do expect any country to lose a portion of their territory? Should we change only the water boarders and not the land boarders? should we may be disregard all boarders set by the colonialists and start afresh? what Tanzania is sayn is we want to gain a portion and Malawi should lose a portion without any gain!! surely thats unreasonable!!! If the Heligoland Treaty of 1890 is to be invalid, should it be invalid only on water or land too? How do you invalidate it? only Tanzania should invalidate it without Malawi having a say? If you read the treaty very well, it said countries were free to negotiate the borders in future! what does that mean? Tanzania and Malawi should sit down and negotiate, in theory the treaty say, Tanzania should aproach Malawi and Malawi should consider ceding part of the lake or not!!
Lets also look at the 1982 UN Treaty. was it meant to change existing boarders? the answer is definately no, rather it was focusing on the equitable use of water bodies. surely Lake Victoria is not divided into equal parts amongst the countries which boarders the lake. why is this so? Tanzania can better explain!! Why can Malawi enter into agreement with Tanzania to equitably use the lake Malawi water? let them own the lake and allow the local use the water for their day to day use. am not sure what the status quo is here. are local Tanzania’s not allowed to use the water on a daily basis? if they are not, then Malawi is infringing on their basic human rights, which should definately be addressed.
The 1982 Treaty also has a provision which explicitly states that the middle divider only applies where there is no existing agreement/boarder. Tanzania should not just uniliteraly declare the boarder by interpreting the 1982 Treaty in isolation of the other provisions of the same treaty.
“Nyasaland” is for Nyasaland and Lake Nyasa is for Nyasaland. This should be made VERY CLEAR TO THE TAIFA. I am surprised why the President even let this so called “Muhinga” open his dirty mouth to talk about the lake. I thought our President met his counterpart in Addis? So what was this all about?
Now I know that “all matchona really have nothing in their heads except kuba”. Malawians note that it is on record that all those people who fled Malawi during the reign of HKB are thieves. This is clear. First it is Bingu wa What, then Professor of what then Chaponda, the maizegate Minister. Let us all stand together against these thieves who have have no feeling about sharing our Lake to Taifas.
Osada nkhawa my fellow countrymen. Our leader has taken a good move, he didnt want talk about the lake. Lake Malawi belongs to Malawi no matter they divert it to be lake Nyasa. Lake Nyasa, lake Malawi its one thing. Lake Nyasa is a lake for the people of Nyasaland. Tanzanians doesnt know that Malawi was called Nyasland.
After Meeting the President? do we have president
Lubango, it was your decision to share your lake with those neighbors of yours. You knew they are busy fighting and hence no time to make use of lake tanganyika. After all there is no chambo in Tanganyika lake as you call it.
You use International law governing water boundaries in the absence of any treaties. The treaty is there to govern the lake issue period.
To the south by the line that starts on the coast of the northern border of Mozambique Province and follows the course of the Rovuma River to the point where the Messinge flows into the Rovuma. From here the line runs westward 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 the Songwe River. It then continues up that river to its intersection point with the 33rd degree of east longitude. The line continues along the river until its closest point with the border of the geographical Congo Basin as described in Article I of the Berlin Conference and marked on the map appended to its ninth protocol. From here the line runs directly to the previously described border, follows this to the point of intersection with the 32nd degree of east longitude, turns and continues directly to the meeting point of the northern and southern branches of the Kilambo River. It follows that river until it enters Lake Tanganyika.
We have a headless Head of state
My appreciation and thumb up to what Kent Y.G. Mphepo has written. If the government could have a consultation spirit they could humbly consult Kent. I see that Mr. Mphepo has a lot of facts which could be hard for him to display all of them here. Malawians let have a full voice and fighting spirit on this lake issue.
Lubango; I think you are not a Malawian yourself so don’t confuse Malawians. Just leave the country peacefully rather causing havoc to our well organized Malawian camp. At the same time don’t show your incompetence of knowledge here. What you should know is that every country boundary is organized by a treat from our Colonies. In our case we are governed by the 1890 Helogan Treaty. You may google find out what is this Treaty. You may wish to get part of the lake then give our Mbeya, Njombe and Songeya districts. These are some of the agreements in the Treaty. I warm Lubango if you don’t know people are furious. Don’t talk such nuisance at public people are angry and will eliminate. Check out your talks. I rest my case.
give TZ part of that lake we do not need it
A DPP ndi mathanyula wanuyu mutibetsela nyanja yathu inu, ndalama za chimanga sizinakukwaneni?…The lake belongs to malawi period. If you don`t know that go back to the history books, you idiots …mxxxxxxxxxxxxxxxxxii
Three issues:
Borders of Nyasaland (Malawi) were badly handled by the British colonialists. They gave up land to the east and west of this country to our neighbours. As Kent has said indeed HKB knew the history of this country and told the first independent leaders of these two countries the truth. Actually I heard (was it from HKB?) that the Ruvuma/Mtwara and Niassa stretches from Eastern part of Malawi to the Indian Ocean is part of this great country. The British gave up these wonderful areas to the Portuguese and the Germans and natives of Northern Rhodesia.
Secondly, who gave the Minister the chick to talk to Malawi at State House like that. There is always a cap at what the foreign signatories are supposed to talk. If he was talking to Hon. Kasaila it could have a different meaning but talking to us at the heart of our security is NOT ACCEPTABLE. Please Hon. Minister inform your colleague that he goofed and that Malawians are not happy at what he said at State House. On another note even our President was not supposed to have comforting him as is shown in the photos. The picture I get is that we are being soft. Issues of borders do not need diplomacy. This Taifa Minister should have been told he was going to meet the President of Malawi and he was going to tell the press afterwards the following: 1. ………… 2. …………. 3. …………….. Full stop.
Finally, the issue of the lake boundary is not negotiable and can not be negotiated. Should Tanzania want to negotiate the lake, all other pieces of land including Rovuma and Mtwara stretches should be brought into the basket. We have already suffered a lot because of the British action or inaction and this should not continue.
LONG LIVE MALAWI
This lake will surely go with the type of leaders we have! You cant be signing “Joint Peace Cooperations” or whatever you call them, at the same time mzanu akuyankhula mwano ngati uwu? Nkumacheza ndithu ndi munthu wamtudzu ngati ameneyi? Nkumamupatsa hug ndithu ameneyu?? We are not serious!
give them part of the lake period
We were promised that we would get back the lake as soon as they got into power and that Tz was doing that because we were being governed by a lady
nyanja ndi yathu yonsei, apo biii tingofwanthamulanapo basi. osawagonjela mataifa amene wa.
How? you have nothing in the Lake and want to claim it, not even good ships or boats
Countrymen,
I just hope that President Mutharika appreciates that this is a long standing emotive matter that his predecessors, particularly Dr. Hastings Kamuzu Banda, took seriously until Tanzania’s Julius Nyerere backed off for fear that Malawi would to go to war over it. The challenge now is that if he (Mutharika) gives Tanzania one inch Tanzanians will demand a pound of flesh and he (Mutharika) risks going into the annals of history as the weakest president Malawi has ever had and history will chastise him as a “traitor”. He needs to take action. Leaders don’t take compromising stands or border issues because this is where leadership of a sovereign state stands or falls. We read in the Bible Naboth’s story. “How can I change the borders that my forefathers laid down?” He asks this question to Jezebel who wanted him to give up rights to his piece of land. Naboth refused and he went to the grave with this question on his lips. Are we fearing war?
The smiles I am seeing in the pictures here are no good for a leader facing an emissary of a confrontational sovereign state. This minister is his junior but I don’t know whether the picture portrayed here speaks to that unless I don’t know my president very well. Let’s hope that behind the president Mutharika’s “smiles” is a decisiveness of a lion that Dr. Banda displayed in the 1967 confrontation. For sure, I don’t think that Donald Trump can do this. Defending the borders of a country is the first duty of the State and its Head. The President needs to rise to the challenge and prove that Malawi has a man in the house and I am sure that Tanzanians will begin to respect him for that.
You see, for taking a non-compromising stance Dr. Banda earned a lot of respect from the Tanzanian government and public and the huge crowds that descended on the streets of Dar Salaam to see this tough Malawian leader when he visited the country early 1990s spoke for themselves. Crowds were cheering and clapping as his convoy snailed through Dar Es Salaam to the disbelief of Dr. Banda’s critics, past and present. I had the privilege of being in Tanzania two weeks after Magufuli had become its’ president on a government delegation that visited several government ministries on a fact-finding mission. I was pleasantly surprised that several high ranking Tanzanians and people on the streets we met were comparing Magufuli with Malawi’s former president HK Banda. Each time they learnt that we were from Malawi government they would tell us how there new president, Magufuli, shared Dr. Banda’s traits. “No muchezo, no muchezo, here. Things are changing already. He is like your former president, Kamuzu Banda!” one taxi driver told me as we drove away from the airport. “By the way”, he asked sheepishly, “how is Mutharika’s young brother? He lived here in the past we hear!”
You see, when the controversy arose between May 1967 and September 1968, Dr. Banda cleared the matter within a year and the matter was not publicly discussed again until Joyce Banda days. I am sure that they found Joyce Banda easy to deal with. But H.K. Banda made clear what would follow if Tanzania kept on claiming the unclaimable backing it with a solid historical argument and giving Tanzania a choice between peace and war and Tanzanians knew that he was a serious leader and they gave up their claim. This is what leaders should do. According to James Mayall who wrote about this matter, President Banda openly told Malawi Parliament on 27th June, 1967 that Malawi had the historical right to claim not just the lake but huge chunks of land from TZ – such districts as Songea, Njombe and Mbeya. One day addressing a meeting at the border of Malawi and Tanzania in Chitipa or Karonga, Dr. Banda said to the crowd that gathered: “That land you see over there is my forefather’s land. Both the Maravi and Mkhamanga Kingdoms extended there”. He was ready to face Tanzania’s head on. Of course, we need to remember that it was Malawi “rebels” or “dissidents” as Dr. Banda used to call them, who lived in Tanzania at that time that were instigating (kukhwiira or kukolezela moto) the whole matter. I will not mention their names of course “pakuti kwatchula mkuti udyela nawo mbale imodzi!” (I don’t want to step on people’s toes). But the fact remains that it was dissident Malawians who lived in Tanzania in the 1960s amene adashosha nkhondo imeneyi and they and their descendants must be ashamed. Well, this is a topic for another day.
Otherwise, I am really getting worried with the length of time that this wrangle is taking. What is our problem if I may ask: Are we fearing Tanzania or we are just being diplomatic? Has government made a decision yet? Why are they (government) not communicating their position to the public? For how long are we going to getting these meetings going and for what purpose? What is the basis for negotiation? Are we negotiating or Tanzania is negotiating? I am really getting worried. I am tired. I rest my case.
Kent Y.G. Mphepo – Blantyre (0888435629)
Kent Y G Mphepo I like what you have written here. How I wish this government had a listening ear. This article has lots of facts and an opener to us as citizens of this country. Congratulations and please keep posting mwina one day somewhere your facts will save our lake.
Mr Y.G.Mphepo.i like i like…can someone with contacts to the so called president send him this article.May be this may just open his mind,other wise nyanja yathuyi atitengera ndithu.
Countrymen,
I am particularly angry because this was said by Mutharika’s junior (a Tanzanian minister) right in his face and at State House (of all places!!) and with Cabinet and security officers watching. I am sure this man arrived back home in Tanzania a hero. Can Kasaila say this in front of Magufuli and leave Tanzania in one piece? Search me! A Malawi Taonjeza.
Kent Y.G. Mphepo, thanks a lot. You are just right.
Nyasa (MW) Tribesmen,
The MW-TZ lake dispute is not a new one. It needs to be RESOLVED FOR GOOD. The way to solve it is through ICJ (International Court of Justice in the Hague. It takes time, it is expensive but it does resolve contentious issues like this. Namibia and Botswana had a wrangle over Chombe Island in Okavango??? but with facts and not EMOTIONS, Botswana won. Nigeria and Cameroun had a wrangle over OIL rich Bakasi Pensula, Cameroun won the case and Nigeria was forced to withdraw despite Nigeria,s military might.
As far as the Heligoland Treaty is concerned, the law is on the Malawi Side. Even the Law of the Sea (Law governing shared water courses) is only applicable to SEAS and not LAKES. Lake Victoria and Lake Tanganyika including Lake Malawi are not shared according to the law of the sea (shared water courses) but according to Heligoland Treaty. The Heligoland Treaty as well as the Portuguese-Anglo Treaties on African Borders are the GLUE that holds AFRICAN borders together. Remove Heligoland Treaty, we will have chaos in Africa. There is no way ICJ can declare Heligoland Treaty Invalid.
As someone knowledgeable on this issue among many others, (African Boundaries largely driven by hydrology starting from the 1884 Berlin Conference), here is my take. The way forward for Malawi is to go to ICJ and let it determine who owns the lake. Thereafter MW and TZ can go into negotiations into user agreement treaty/MOU (say fisheries, water transport, water use etc). It is a mistake to go into user negotiations before determining who owns what. By concluding user agreement at this stage, Malawi is unwittingly conceding that TZ also owns part of the lake. It is a dangerous precedent. Our TZ friends have been trying to find loopholes in the Heligoland treaty through sponsorship of Msc and PhD Thesis on the issue from the 60s (e.g Che Mponda thesis, goggle it) while on the MW side we have been sleeping. Our TZ friends have a standing committee of experts who digest the issues to feed into the negotiation team while MW has none. I have been pushing for such an expert committee for sometime and I did not even get a reply from the MW authorities. SUCCESS FAVOURS THOSE WHO ARE PREPARED. MW is not prepared on this issue. THE LAKE IS for MALAWI to LOSE.
Wiyo, Kenneth , Bunda Campus, LUANAR. Hydrology and Water Expert. I have a lot of info and data on this issue (0888352121) but I cannot share it publicly for fear it may land in wrong/enemy hands.
Thanks Kenneth, this is really insightful. We need this kind of discussion based on facts. Kutukwanana timachitaku sikutithandiza mpang’ono pomwe. My dream is that Nyasatimes will become a meeting place where Malawians will openly discuss serious issues facing their country like we are doing. Koma kugwiritsa ntchito maina abodza ndi kumatukwanana sizitithandiza. Dziko lizingosaukilasaukila. We also need people in government that are forthcoming with information and ready to engage citizens on serious issues like this one. For example, we need Hon. Nicholas Dausi on this forum so that he must give us government side on issues. On this forum, Malawians from all over the world meet but, sadly, only to point out the evil that they see in a tribe or party or region different from theirs’. This, in my view, is a waste of time and resources. It makes people with goodwill and technical expertise to stay away from important matters affecting the country. At the time when our country is becoming poorer and poorer we all must feel concerned and begin to think about the kind of country we want to leave behind for our children when we are gone. Malawi is our only home on planet earth. No one will build it for us. Life is what you make.
Thanks once again Mr. Wiyo for your technical contribution. I did not have this angle to the matter. You are great. The country needs this level of expertise. You have made me much wiser and proud today. I will call you at some point.
Cheers!
Kent Y.G. Mphepo – Blantyre 0888435629
The old names of Malawi and Tanzania were Nyasaland and Tanganyika respectively. When Malawi was known as Nyasaland, the entire lake was known as lake Nyasa. Hence the word Nyasa has deep roots in Malawi and no roots in Tanzania.
The fact that they call a certain portion of the lake, lake Nyasa speaks volume as who owns the lake. They just need to be reminded that the new name of the lake after gaining independence from Britain, is lake Malawi.
Sinkhani ya gas kapena oil ai Koma Joisi amafuna agulitse Nyanja monga momwe anagulitsira Ndenge. A Interpol tatibweletsereni mbava imeneyi, petrol tagula kale for mob justice.
Malume, that’s excellently articulated. Pamenepo tikhalitsepo
Think wise changing of name of the lake will not help, u need mutual understand. As tanzania we have Tanganyika lake but we share with drc congo. According to international law water body on the border should be shared by two country. And historically border of lake nyasa have being changing not once in a colonial rule.
How dare a mere minister talk like that to a head of state. Apatu zikwanje zituluke basi. Tikhapanepo apa
Be careful Malawi Swahili play their cards well they will play with the joker on their chest. Kaya
Mutharika should have told Mahinga that the boundary between the two countries is governed by the 1890 Helogan Treaty. Full stop. This issue should not be treated lightly. It’s disappointing that Mutharika does not see the intention of Tanzania. Someone should tell him to wake up.
Malawi yasanduka chitsiru cha mmudzi, thats what happens when u are the poorest country in the world. Even a foreign a foreign minister has the nerve to flash his balls in front of our president. We need to change our ways and develop the country. The leaders need to change first if they cant then lets change them.
No Malawi was not rich in 1967. This only happens when you have a foolish president
The Tanzanian foreign minister has preemptied the stand of Tz already then why negotiating? And tell APM in the face @ Kamuzu palace tells how Tz is underrating Malawi in the whole issue of Lake Malawi. Disregard of the highest order. APM has let Malawi down on he represented us in the issue here and the Tz minister had a field day on him here. Alas!
Tingothibulanapo basi! Asah!!!!