Borderlines, Natural
Resources and Conflicts
Towards a Territorial Materialism
of Boundary Disputes in East Africa
Al Chukwuma Okoli, Elias Chukwuemeka Ngwu
This article examines the essence and basis of boundary disputes in
East Africa. By way of a case-study approach, guided by the theory of
territorial materialism, the study observes that the ‘colonial causation’
narrative, exemplified in the ethnic partitioning/disintegration hypothesis, does not wholly explain contemporary boundary/border disputes in East Africa, but also elsewhere in the continent. The article
posits that contemporary boundary disputes in the focal area are largely associated with territorial struggles motivated by the quest for the
control of geostrategic and economic resources on the affected borderlines and frontiers. The article also proposes a sub-regional mechanism for border governance and security as the way forward.
Keywords: boundary, border, borderline, boundary disputes, natural
resources, East Africa
Introduction
The contemporary world order is based on the Westphalia state system. One of the essential attributes of this state system is boundary.
Boundary is significant in this context because it determines the confines of a country’s sovereignty by delineating its territorial and jurisAl Chukwuma Okoli, Elias Chukwuemeka Ngwu. Borderlines, Natural Resources
and Conflicts: Towards a Territorial Materialism of Boundary Disputes in East
Africa. Central European Journal of International and Security Studies 13, no. 2:
91–110.
© 2019 CEJISS. Article is distributed under Open Access licence: Attribution NonCommercial 3.0 Unported (cc by-nc 3.0).
CEJISS
2/2019
dictional sphere. Beyond this, boundary also defines and assigns national identity. Hence, ‘a nation-state’s boundaries put people under
one entity, define their lifestyles and national culture including language, destiny, privileges, etc’.1 Apart from assigning national identity,
a boundary constitutes what Issa-Salwe2 has described as ‘the external
shell of the state’. Issa-Salwe adds that preservation of this shell ‘has
come to be associated with self-preservation of the state’.3
Over the years, the issue of boundary has been a veritable subject of
intentional relations and strategy. In this context, it has been prominently recognized, rather paradoxically, as a bridge as well as a barrier
to international peace and stability.4 As a bridge, international boundaries have provided a platform for legitimate transnational activities,
especially in the area of trade and migration. But as a barrier, boundaries have served as an avenue for trans-border criminality and violence.5
Most importantly, boundaries have, over the years, provided a ‘faultline’ for international conflicts.
In Africa, boundary politics and conflicts have been an essential aspect of the dialectics of state building and/or state transformation.6
The colonial imposition of the African boundary system, the arbitraries and artificiality of such a boundary regime, as well as the abusive
boundary politics played by political elites in many African States in
the post-colonial era have complicated the boundary question in Africa. In East Africa, which is by design the focus of this study, boundary
politics has engendered a dialectical scenario that mirrors the hypothetical Marxian ‘unity and conflict of opposites’. Thus,
Boundaries in East Africa reflect compromises by colonial and
postcolonial authorities to stabilize human habitation within
territorial spaces. Although creatures of human contrivances,
these boundaries have evolved into natural formations that
delimit the external reach of power and delineate citizenships.
Over the years, the instability occasioned elsewhere in Africa
by border conflicts has dissipated in Eastern Africa, lending
some semblance of permanence to existing boundaries.7
Needless to say, the East African region has witnessed conflagrations arising from boundary-related conflicts over the years. What is
the incidence of boundary disputes in this region? What are the material underpinnings of the disputes? These analytical questions capture
92
the main thrust of the article. To make good its purpose, the article
undertakes a descriptive analysis of selected international boundary
disputes in East Africa with a view to leveraging on extant narrative
towards advancing a territorial materialist interpretation.
For convenience of systematic presentation, the remainder of the
article is structured under the following broad themes: methodology,
scope and conceptual thrust; theoretical framework; brief description
of East Africa (as a context of study); overview of boundary disputes in
East Africa; Territorial materialism of boundary disputes in East Africa; and conclusion.
Methodology, Scope and Conceptual Thrust
The article is a descriptive analysis of the essence and basis of the contemporary boundary disputes in East Africa from 1960 to 2010, based
on a case study approach. It has derived its data from secondary sources, comprising academic and policy-based literature. The central argument is that boundary disputes in the focal area have been driven
by material contestations that bear on strategic economic interests of
states. This argument is anchored on the theory of territorial materialism with the intent to proffer a systematic analysis of the strategic
cum material underpinnings of border-related disputes in the focal
area, nay elsewhere in Africa. The substance of analysis in the article
is schematically laid out under select themes and sub-themes carefully
formulated to aid systematic presentation.
The locus of the study is the East African region, which generally
embodies countries on the Horn of Africa (Ethiopia, Eritrea, Djibouti, and Somali) and those of the African Great Lake Region (Burundi Kenya, Rwanda, Tanzania, Uganda, and South Sudan). This region
constitutes one of the most critical hotbeds of territorial conflict in
Africa. The study considers the subject of boundary disputes from the
standpoint of inter-state and intra-regional relations, with emphasis
on the period of 1960 to 2010.
The scope of the article encompasses both the land-based and
maritime boundary disputes in East Africa, although the former
has been prioritized in view of its preponderance in that context.
Within the stated purview, the study restricts its coverage only to
instances of conflicts that have elicited significant governmental
diplomatic or military engagements, either at bilateral or multilateral levels.
93
Al Chukwuma
Okoli
Elias
Chukwuemeka
Ngwu
CEJISS
2/2019
With regard to the conceptual thrust of the article, four key terms
constitute the operational framework, namely boundary, borderline,
natural resources, and boundary dispute/conflict. For the purpose of
conceptual clarification and shared understanding, these terms are
considered in turn below.
a. Boundary: The term ‘boundary’ refers to a line that marks and
defines the confines of a state, distinguishing its sovereign territory from those of others.8 A more elaborate conceptualization of
boundary has been given by Okumu9 to the effect that:
It defies the physical limits of a state’s territorial and physical
jurisdiction. Boundary systems may be classified as fixed or
general. A fixed boundary is one that has been accurately surveyed such that if marking or beacon is lost, it can be replaced
in the same position by accurate survey measurements. A general boundary is one where the precise line of the legal boundary between adjoining land portions is left undetermined.
The conception of boundary in this article is restricted to its
international understanding. An international boundary is one
which is mutually agreed upon and jointly owned by the countries
involved.10 It is arrived at through a mutual and consensual process of delimitation (delineation) and codification, whereby the
states involved agree on the terms and features of demarcation.
b. Borderline: The word ‘border’ refers to a ‘territory adjoining the
boundary’, wherein the lives of ‘the inhabitants are influenced
by interactions with their neighbours on the other side of the
boundary.11 Borderline is, therefore, a stretch of geo-spatially recognized line that divides two or more sovereign territories on a
common international frontier. In the context of this article, the
notion of borderline is used as a standard synonym of boundary.
Both concepts are thus used interchangeably.
c. Natural resources: ‘This refers to renewable and non-renewable
materials that occur in nature and are essential or useful to humans, such as water, air, land, forests, fish and wildlife, topsoil,
and minerals’.12 They are renewable if they can be replenished
over time by natural processes, especially if used prudently. On
the other hand, they are non-renewable if they are available in a
finite disposable quantity.
94
d. Boundary dispute: This is a disagreement between two or more
states arising from incompatible claims over a contested boundary. Boundary disputes exist when states pursue territorial claims
over a borderline, with the central governments intervening either diplomatically or militarily.13 Although territorial in nature,
boundary disputes are often motivated by delicate geo-strategic
and economic concerns that bear essentially on the exigencies of
state preservation or survival.
Boundary disputes reflect an essential contradiction of boundary politics. The latter has to do with the totality of claims, stakes,
interests and contestations that underlie the process of boundary
relations (delineation, demarcation, adjustment and legitimatization). In other words, it refers to the quest for territorial competitive advantages by two or more contiguous states within a
common frontier. Boundary politics is a high stakes activity that
often involves a great deal of bilateral and/or multilateral diplomacy, the failure of which may result in militarism.
Theoretical Framework: Towards a Theory of Territorial
Materialism
A dominant theoretical perspective on boundary politics and conflict
in Africa holds that boundary disputes are inevitable creations of colonialism. This perspective posits that the imperialist scramble for Africa
materialized in a sort of senseless territorial grabbing, leading to arbitrary and artificial partitioning of Africa into slices of colonial spheres
of interest.14 Representing this perspective, Aghemelo & Ibhasebhor15
succinctly observe that:
In the successive phases of the European partitioning of Africa, the lines demarcating spheres of interest were often haphazard and precipitately arranged. The European agents and
diplomats were primarily interested in grabbing as much African territory as possible and were not duly concerned about
the consequences of disrupting ethnic groups and undermining the indigenous political order.
Hence, by slicing up homogenous cultural groups and lumping up
cultural divergent groups, colonialism created a problematic state cum
boundary system that has remained susceptible to territorial conflicts.
95
Borderlines,
Natural Resources
and Conflicts
in East Africa
CEJISS
2/2019
This has found expressions in the incidence of boundary disputes and
irredentist struggles in post-colonial Africa.16
Implicit in the above theoretical standpoint is the assumption
that the problem of boundary dispute in Africa today is a colonial
carryover. This assumption, however, is no longer very plausible and
sustainable. To be sure, post-colonial states in Africa have virtually
accepted the inherited boundary system as legitimate and even sacrosanct.17 Again, territorial conflicts in post-colonial Africa have so far
seldom betrayed the contradictions of ethnic partitioning, nor have
they generally manifested the logic of irredentism.18 More importantly, the incidence of territorial conflict in Africa has been significantly
relatively low, in spite of the preponderance of ‘externally imposed
and artificial’ boundaries.19 As aptly observed by Goemans and Schultz,20 ‘African borders slice through a large number of ethnic and linguistic groups, and yet conflicts and relatively rare, suggesting that
the effect of ethnic partition(ing), if any, must be contingent on other
factors’.
Hence, the argument about the ‘colonial contrivance and imposition’ of African boundary system as the cause of boundary disputes in
the continent is not enough to offer a comprehensive explication of
the contemporary nature and basis of boundary dispute in that context. There is, therefore, a need to come up with a perspective that
transcends the ‘colonial causation’ narrative in order to make for a
more plausible understanding of the subject matter. It is in the light
of this understanding that this article proposes the theory of territorial materialism, not, though, as an alternative theoretical perspective,
but as a consummation of the colonial causation account. The theory of territorial materialism is predicated on the existing literature
on territorial conflict and/or security.21 The theory holds that states
and statesmen (political leaders) ‘contend and fight for territory’ for
geo-strategic material advantage.22 This implies that the motive behind most contemporary territorial conflicts is the quest by states to
pursue strategic material advantages along their common territorial
frontiers. So, in most instances of boundary disputes in Africa, what
is at issue is the tendency for states to fight over borderline territories
for its geo-strategic economic value.23As we shall see in the subsequent
case studies (ahead herewith) this theoretical standpoint is apposite in
understanding the contemporary dynamics of boundary related disputes in East Africa today.
96
The theory of territorial materialism as it applies to this article is
not a total novelty. Epistemological foundations of the theory could be
derived from the realist school of International Relations, which posits
‘that nations act only out of self-interest and that their major goal is
to advance their own positions of power in the world.’24 The theory is
Table 1: Core states of East Africa
Country
Location
Remarks(s)
Tanzania
Central East Africa
Part of the Great Lake Region
Kenya
Central East Africa
Part of the Great Lake Region
Uganda
Central East Africa
Part of the Great Lake Region
Rwanda
Central East Africa
Part of the Great Lake Region
Burundi
Central East Africa
Situated in the Horn of Africa
Djibouti
North East Africa
Situated in the Horn of Africa
Eritrea
North East Africa
Situated in the Horn of Africa
Ethiopia
North East Africa
Situated in the Horn of Africa
Somalia
North East Africa
Situated in the Horn of Africa
South Sudan
Central East Africa
Situated in the Nile Valley
Elias
Chukwuemeka
Ngwu
Source: Authors’ compilation from relevant literature.
Table 2: Peripheral states of East Africa
Country
Location
Remark(s)
Comoros
Indian Ocean
Sovereign island
Mauritius
Indian Ocean
Sovereign island
Seychelles
Indian Ocean
Sovereign island
Reunion
Indian Ocean
French Oversea territory
Mayotte
Indian Ocean
French Oversea territory
Mozambique
South-Eastern Africa
Also part of Southern Africa
Madagascar
South-Eastern Africa
Also located on the Indian
Ocean, with ties to Southeast
Asia
Malawi
South Eastern axis of East Africa
Often included in Southern
Africa
Zambia
South Eastern axis of East Africa
Often included in Southern
Africa
Zimbabwe
Al Chukwuma
Okoli
South Eastern axis of East Africa
Source: Authors’ compilation from relevant literature.
97
an attempt to innovate the application of the realist school within the
calculus of international geo-politics and strategy.
A Brief Description of East Africa
CEJISS
2/2019
To properly situate the analytical context of the study, it is germane to
present a brief description of East Africa. Also known as Eastern Africa,
East Africa refers to the easterly region of the African continent.25 The
notion of East African is ambiguous because it has both geographical
and geo-political understanding.26 Tables 1 and 2 are instructive in this
regard.
Table 3: Incidents of armed conflict in East Africa
Country
Conflict
Ethiopia
Civil
Eritrea
War of independence
Eritrean/Ethiopian
Eritrean-Ethiopian War, 1998 – 2000
Ogaden (Ethiopia)
Ogaden War, 1977 – 1978
Somali
Civil War, 1991 – 2009
South Sudan
Second Sudanese Civil War, 1983 – 2005
Internal Politico-ethnic conflict, 2011 – date
South Sudanese Civil War, 2013 – 2015
Burundi
Burundi Civil war, 1993 – 2005 (with Hutu genocide
in 1972 and Tutsi genocide in 1993)
Uganda/Tanzania
Uganda – Tanzania War, 1978 – 1979
Uganda
Ugandan Bush War 1981 – 1986
Uganda, Congo DR South
Lord’s Resistance Army insurgency (ongoing)
Sudan
Rwanda
Civil War (Rwanda), 1990 – 1993
Tanzania
Zanzibar Revolution, 1964
Congo DR
First Congo War, 1996 – 1997
(outside Southeast Africa but
with Southeast African participation)
Source: Authors’ compilation from relevant literature.
Table 1 indicates countries that constitute the core of South East Africa from the wider geographical point of view while table 2 highlights
countries that are often considered parts of south east Africa in generic
geo-political terms.
98
East Africa has been a critical hotbed of international conflict. It
has recorded dire incidents of war-lord insurgency, guerilla warfare,
genocide, terrorism, civil war, and inter-state war.27 Table 3 gives useful
insights in this respect.
A significant number of conflicts in East Africa (see table 3) are
territorial and boundary-related. Many more have been complicated
by failure of border governance and security.28 Cases in point include
the Ethiopian-Eritrean War (1998 – 2000) and South-Sudanese conflict.
Boundary Disputes in East Africa: Towards a ‘Territorial
Materialism’ Interpretation
The sub-continental sphere of East Africa has been particularly conflict
ridden. The region has witnessed various dimensions of armed conflict
over the years, ranging from conventional to unconventional wars.29
The incidence of armed conflict in the region has threatened the peace
and stability the Horn of Africa as well as the upper Great Lake Region.30 With reference to the Horn of Africa, Anebo31 has opined that:
There is unresolved tension between Ethiopia and Eritrea,
South Sudan and Sudan, Ethiopia and Somalia, Eritrea and
Djibouti, Somalia and Kenya… Ethiopia and Somalia had undergone shattering effects of wars in 1970s… Shortly after seceding from Ethiopia, Eritrea wrestled with multiple border
related wars. The boundary was between Eritrea and Yemen,
Ethio-Eritrea boundary conflict of 1998–2000, boundary conflict between Djibouti and Eritrea not only left permanent
scars.
The situation has also largely been the same in Africa’s Great Lake
Region, with the spate of land and maritime boundary related issues.
Cases in point include the Tanzania-Malawi border conflict (since
1967), the Uganda-Tanzania border conflict (since 1967), the Zambia-Malawi border conflict (1968-1986), and the recent Kenya-Uganda
dispute over Migingo Island (since 2008).
Although a dominant perspective in the existing literature on border conflict in Africa suggests that boundary disputes on the continent
are a result of contradictions of ethno–communal splitting and disintegration arising from colonial partitioning,33such a perspective only
99
Borderlines,
Natural Resources
and Conflicts
in East Africa
Table 4: Catalogue of boundary-related disputes in East Africa (1960s – 2010s)
States
Years
Djibouti – Eritrea
1995
Description of Dispute
Eritrea claimed a portion of Northern Djibouti
on the basis of the 1995 Laval Mussolini agree-
CEJISS
2/2019
ment
Zaire-Zambia
1980
A dispute arose over the location of the tri-point
with Tanzania in Lake Tanganyika, leading to
two versions of the straight line segment from
Tanzania to Lake Mweru
Ethiopia-Eritrea
1998
A dispute arose over difference interpretations of
colonial era treaties
Ethiopia-Sudan
1966 – 2002
Ethiopia claimed two regions along the border
known as the Fashqua and Umbrega triangles
Kenya-Somalia
1963-1981
Prior to Kenya’s independence Somalia, claimed
Kenya’s Northern Frontier District. Upon independence, this region was reorganized and Somalia inhabited region became the North Eastern
Province
Kenya-Sudan
1963-date
Kenya’s claims the Ilemi triangle, a region north
of the straight line border drawn in 1914. While
several alternative borders have been proposed,
the Kenyan claim, and de facto control, typically
extends to the red line boundary demarcated in
1938.
Somalia-Ethiopia
1960-date
Somalia claimed the Ogaden region of Ethiopia,
a region inhabited by ethnic Somalis. The region
did not have a precise geographic definition, but
was instead defined ethnically. Today, it corresponds closely with Ethiopia’s Somali region.
Tanzania-Malawi
1967-date
Tanzania claimed that the border follows the
median line of Lake Nyasa from the point where
the River Songwe meets the lake.
Uganda-Kenya
1976
Uganda asserted a claim to parts of Western Kenya that has been transferred from the Ugandan
Protectorate by the British in 1902 and 1926.
Uganda-Tanzania
1974-1979
Uganda claimed the Kagera Salient, a patch of
land south of its border and north of the Kagera
River.
100
Zambia-Malawi
1968-1986
Malawi claimed that its border with Zambia
should be the Luanga River. Additional border
flare ups have happened in this region, though
it is not clear what their relation is to the larger
claim.
Kenya-Ethiopia
Resolved in
Dispute over Gadaduma Wells between the two
principle in
states
Elias
Chukwuemeka
Ngwu
1963
Kenya-Uganda
2008-date
Al Chukwuma
Okoli
Border conflict over Migingo island
Source: Geomans & Schultz (2013), pp. (A1-A9) with authors’ slight update
forms a point of departure to the understanding of boundary disputes
in this article. In effect, while arbitrary disintegration of ethnic groups
which defined colonial boundary-making has been a culpable factor in
the boundary disputes in East Africa, and whereas this seems to have
complicated border crisis as in the cases of Somalia and Ethiopia (1960,
ongoing) and Somalia and Kenya (1963-1981),34contemporary trajectory
and dynamics of boundary disputes in the region have been largely associated with material contestations driven by geo-strategic economic
interests. The disputes between Tanzania and Malawi (1967, ongoing),
Uganda and Kenya (1976, ongoing), Uganda and Tanzania (1974, ongoing), and Zambia and Malawi (1968-1986) have, to a large extent, had
to do with the struggles by the affected states to control land and maritime resources in the contested areas.35
The dispute between the Republics of Kenya and Uganda (2008,
ongoing) over Migingo Island has been also associated with economic
and livelihood contestations.36 As Kisiangani37 opines, “A close look at
the dispute, however, reveals that the bone of contention is not about
the island per se, (but) rather the declining fish stock in the lake and the
bourgeoning international interests especially in the Nile Perch species”. In a similar vein, the disputes between South Sudan and Sudan
over Abyei territory has been inspired by the competitive struggles by
the two states in respect of control over the contested areas in view of
its rich oil endowments.38 This is akin to the dispute between Nigeria
and Cameroon over the oil-rich Bakassi Peninsula in the 1990s.39
On average, the contemporary trajectory of boundary-related conflict in East Aria has increasingly implicated realist contestations over
mineral ‘resource exploration and exploitation’40as critical drivers. A
logical rationalization for this development has been provided thus:
101
Sovereign boundaries currently add a dynamism to the current mineral and energy rush in Eastern Africa as once peaceful
neighbours scramble to maximize the mineral wealth deposits
under their soil. Since oil and gas reservoirs know no boundaries and interpretations of where borders pass is at the discretion
of current leaders, this are bound to raise tensions and could
lead to cross border tensions and even conflict in the future.41
CEJISS
2/2019
Table 5: Instances of natural resources-related boundary disputes in East Africa
Conflict Parties
Location
Resource(s) at Stake
South Sudan and Sudan
Abiyei State
Oil
Kenya and South Sudan
Turkana County in Illemi
Water, oil
Uganda and Congo, DR
Lake Albert in the Great
Crude oil alongside the
Rift Valley Lakes
mineral riches of dia-
Malawi and Tanzania
Lake Malawi (Nyasaland)
Oil
Kenya and Uganda
Lake Victoria
Water, fish and possible
Triangle
monds, gold, coltan, etc.
crude oil
Source: Authors’ compilation from: Obiero, E. (2012, October). Territorial disputes in
Eastern Africa: The mineral factor; http://eafricaenergy.blogspot.com.ng/2012/10/
territorial-disputes-in-eastern-africa.html (accesses online June 28, 2017).
The focal region has already been enmeshed in boundary disputes
and tensions that are related to material struggles over mineral resources, especially petro-minerals (oil and gas deposits). Table 5 is instructive
in this regard. Among other things, table 5 shows that resource-related
conflicts abound in the focal region. In effect, from the Great Lakes
Region to the Lower Horn of Africa, territorial quest is complicated by
strategic interest in existent and prospective mineral resources.
Information reflected on table 5 may not represent a predictably
general pattern in East Africa. Suffice it to note that most of the contemporary and prevailing border conflicts in that context have borne
crucial trappings of material contestations over mineral resources.
This underscores the ‘mineral factor’ in those conflicts, according to
Obiero.42In the subsections that follow, this ‘mineral factor’ is more
closely explored alongside the geo-strategic dynamics of most boundary disputes among the states of East Africa.
102
Some Illustrative Case Studies
A review of a number of relevant case studies would suffice to situate
and buttress the argument to the effect that geo-strategic material interests is the prime factor in contemporary boundary disputes in the
focal region. The cases of Lake Albert, Lake Victoria and Lake Malawi
(Nyasaland) have been selected for this purpose and are briefly considered in turn below.
a. The case of the Lake Albert basin: Lake Albert is a trans-boundary
sphere between Uganda and DRC. The lake’s strategic significance has been aptly captured thus:
Uganda lies on Lake Albert’s eastern bank, while the western
lakeshore belongs to DRC’s territory. The (disputed) border
between both countries lies within the lake itself. The lake
contributes to the region’s ecosystem with its high biological
diversity and plays a key role for the socio-economic benefit
of the people. Hence, both countries consider the lake a focal
point of interest43.
The Uganda–DRC border is richly endowed with a variety of minerals, such as diamonds, gold, coltan and oil. These resources have,
over the years, attracted fortune hunters, militias, rebel groups,
and armies to the eastern DRC in search of material fortune. The
pronouncement by the Uganda government in May 2006 that it
had found crude oil in the Lake Albert region occasioned an air
of anxiety, with some people being scared that this development
might turn out to be a curse rather than a blessing. The popular
anxiety was apparently justified in August 2007 when a border dispute broke out between the two states over the strategically located
Rukwanzi Island in Lake Albert. The scenario escalated and degenerated into violent incidents between the military forces from the
two countries, resulting in the killing of a contractor of the Heritage Oil Company and six civilians on board a Congolese passenger
boat on Lake Albert.44 Skirmishes also erupted in October 2008,
when Ugandan Police arrested 11 Congolese fishermen at Kaiso
Warf on Lake Albert in Kabwoya with illegal fishing equipment and
improvised weapons, possibly for self-defense purposes.45
Rukwanzi Island, a scantly populated but strategically located
territory in the southern axis of Lake Albert, was hardly reckoned
103
Borderlines,
Natural Resources
and Conflicts
in East Africa
CEJISS
2/2019
with prior to the discovery of oil in the Lake Albert basin. Since
then, Uganda has tried to annex and exploit the oil reserves of the
region without soliciting the cooperation of the DRC.46As to be
expected, the Congolese are now anxious of Uganda’s territorial
expansion and claims in the area, with the oil deposits in the Lake
basin as a critical point of tension. The Ugandans contend that
the prevailing absence of governance in eastern DRC has been
a threat to security in the area, in addition to being an obstacle
to peaceful exploration of the petroleum resources in the lake
basin. There are also suspicions in Kinshasa that Uganda would
prefer to keep north-eastern DRC unstable and would rather opt
for a weak central government that cannot contain the insurgency in order to allow the Museveni government to exploit the
trans-boundary oil without sharing the revenues.47
b. The case of Lake Victoria: The critical issue concerning Lake Victoria is how the three countries bordering the lake can manage the
common resources accruable from the lake for the benefit of the
region. For the past five years, there has been a serious dispute between Uganda and her neighbours over the cause of a 1.5-meter decline in the water level of the lake between 2004 and 2006. While
Tanzania and Kenya have accused Uganda of being responsible for
the decline through over-drainage of the lake for hydroelectricity,
Uganda has attributed the drop to the impact of climate change.48
The disputes in Lake Victoria are symptomatic of the absence
of regional mechanisms for the sharing of trans-boundary natural resources, especially water and fish. Since 2003, the competition over the resources of the lake has become increasingly
volatile, with tensions resulting in the harassment and arrest of
fishermen accused of trespassing in the territorial waters of their
neighbours.49 The lake is a veritable livelihood resort for many
communities in the affected countries. This necessitates the need
for a mutually agreed solution for the control and ownership of
lake resources in addition to clearly demarcating boundaries on
the lake. In November 2000, the ministers of fisheries from Kenya, Uganda and Tanzania held a meeting wherein they resolved
to demarcate the boundaries in Lake Victoria by means of bright
beacons, but no sooner was this agreement reached than major
hostilities erupted over Migingo Island, which nearly brought the
two countries to the verge of war in 2009.50
104
Migingo Island is one of several lakes on the Lake Victoria basin. It is situated in a part of the lake that is heavily endowed with
fish and constitutes a major source of livelihood for many Kenyan fishermen from the border communities in western Kenya.
The island has been used as an arena for transit and drying of
fish. Consequently, a thriving industrial fishing community has
sprung up in the area. By 2008-2009, the island was claimed by
the Ugandan government led by Yoweri Museveni. But on 11 May
2009 the President conceded that the island is in Kenya, maintaining, however, that Kenyan fishermen were illicitly carrying
out fishing in adjoining Ugandan territorial waters thereof, to the
west of Migingo. With the Ugandan flag lowered; Uganda withdrew its military troops, and agreed that all its security would be
withdrawn from the island.
c. The case of Lake Malawi (Nyasa): There has been a low intensity
dispute over the demarcation of boundaries on Lake Nyasa between the governments of Tanzania and Malawi. Both countries
have been engaged in a confrontation over the ownership of Lake
Nyasa (otherwise referred to as Lake Malawi). It is held that the
boundary is situated along the shoreline of the lake as established
by Article 1(2) of the 1890 Anglo-German Treaty51. By this fact, the
lake belongs to Malawi. Dar es Salaam, nonetheless, claims the
boundary is the median line of the lake in the light of the principles of customary international law. The two countries have different maps with Malawi showing it owns the entire lake while
Tanzania insists that the boundary is in the middle of the lake.
In spite of President Julius Nyerere’s government commitment to adhere to the uti possedetis principle in 1964 and despite
pressures from local chiefs to seek economic control of lake resources, relations between the two countries worsened in 1967
when Tanzania accused Malawi of ‘cartographical aggression’ in
seeking to annex the entire lake52. When Tanzania then formally
claimed of over half the area of the lake, Malawi retorted by asserting ownership of the lake alongside three Tanzania districts
located in the north and west.53 The dispute may end up drawing
in Mozambique, in case Malawi formally makes good her claim to
the islands of Likoma and Chizumulu. If Tanzania’s contention
about the division of the lake is upheld, Mozambique could also
claim that these islands are within maritime domain.54 Contes-
105
Al Chukwuma
Okoli
Elias
Chukwuemeka
Ngwu
CEJISS
2/2019
tations over fishing rights constitute the fulcrum of this dispute.
The lake has several economic species, such as the cichlid, that are
famous for export within the region.
d. The ominous scenarios and outlooks ahead: There are many other potential border dispute hotbeds in this the focal region. The
Elemi triangle, for instance, counts among the most volatile instance, which could yield a possible dispute between four protagonists – Kenya, Uganda, Ethiopia and Southern Sudan. This
is becoming rather likely given the possibilities of oil discoveries
in this long-disputed area. Uganda has been accused by Kenya of
tampering with their common border north of Mt Elgon, again in
the context of mineral exploration and expectations of valuable
deposits.55 Kenya’s borderlines with Somalia are becoming tense,
with increasing trans-boundary skirmishes in Jubaland, also in
the context of mineral exploration and exploitation in the area.
Oil discoveries are equally threatening to increase conflict in the
Ruvuma basin, wherein Tullow Oil has concessions to explore
and exploit gas and oil concessions on the Tanzanian domain.56
Generally, the incidence of boundary disputes in East Africa has
resulted in dire socio-political, socio-economic and humanitarian
outcomes. It has led to a volatile public security scenario characterized by arms proliferation, arms bearing, and armed violence.57
The attendant violence has occasioned human mortality and
morbidity, population displacements, refugee crisis and allied socio-humanitarian malaise. The ripples of violence in that context
have often precipitated socio-economic crisis and aggravated human insecurity (prevalence of hunger, starvation, and disease and
material poverty). Complications of the disputes are also evident
in the prevalence of trans-border violence and criminality. There
has been an ample manifestation of cross-border smuggling, illegal migration, extremist militancy and transnational banditry
(e.g. cattle rustling) in the region owing largely to the collapse of
border governance in some areas. The collateral implications of
this scenario to national security of the affected states are better
imagined.
Conclusion
This article set out to examine the incidence of border conflicts in
East Africa from the prism of territorial materialism. The ‘territorial
106
materialism’ of boundary disputes in this context presupposes that international boundary disputes are often engendered and sustained by
the contestations among states for the geo-strategic and economic advantage. Hence, the violent territorial struggles on the borderlines of
African states are not farfetched from the geo-strategic and economic
pursuits of the affected states and political regimes. Whereas historical factors, such as colonialism has contributed to the prevalence of
boundary conflict in Africa through arbitrary ethnic partitioning and
disintegration, what is crucially at issue in most instances of contemporary border related disputes in the continent is the quest geo-strategic advantage, often associated with contestations for resources. As
Okumu rightly opined in the case of the focal area, ‘Boundary disputes
in Eastern Africa commonly pre-date the discovery of mineral resources, but they have certainly been intensified by the recent flurry of explorations. There is a high potential for border disputes in Eastern Africa as a result of discoveries or increased exploitation of trans-boundary resources.’58
In effect, contemporary boundary disputes in East Africa have often
been largely driven by declared or disguised claims, stakes, motives and
interests that are material or economic in essence. The implication of
this is that analysis of boundary disputes in Africa should transcend
the orthodox narrative of ‘colonial origin and heritage’ and come to
terms with the intricate contemporary geo-strategic cum material
imperatives that underpin such occurrences. More importantly, policy endeavors geared towards resolving boundary disputes in Africa
must seek to properly understand, situate and address the gamut of
geo-strategic underpinnings and complications of such disputes. Solution to the spate of boundary disputes in East Africa and elsewhere
in the continent is contingent on a diplomatic approach that properly recognises and honours the colonially inherited boundary system
as well as mediates the sundry geo-strategic interests of the affected
states. In this direction, it is apposite to evolve a regional border management mechanism that can proactively and multilaterally address
border related issues toward an enduring resolution. More rigorous
case-specific studies are required, however, to further bolster this line
of initiative.
107
Borderlines,
Natural Resources
and Conflicts
in East Africa
CEJISS
2/2019
Al Chukwuma Okoli holds a Ph.D. in Defence and Strategy. He wields
a specialty in Liberal Security, Development and Gender Studies. Dr
Okoli teaches Political Science at Federal University Lafia, Nigeria. He
is a double laureate (Gender, 2018; Higher Education, 2019) of Council
for the Development of Research in Social Science Research in Africa
(CODESRIA). He can be contacted at okochu007@yahoo.com.
Elias Chukwuemeka Ngwu is a Ph.D. holder in Political Science, with
prime specialization in International Political Economy. He holds a
first-charge tenure in the Social Sciences Unit of School of General
Studies and Department of Political Science at University of Nigeria,
Nsukka, Nigeria. He can be contacted at elias.ngwu@unn.edu.ng.
Notes
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Okumu, P. (2017). Border management and security in Africa; http:researchgate.
net/file. Post/fileloader.htm?id…asset key (assessed May 201 2017).
Issa-Salwe, A. M. (2016). The Cold War fallout: Boundary politics and conflicts
in the Horn of Africa. (Foreword).
Issa-Salwe (2016).
Rabasa, T. S. et al. (2007). Ungoverned territories: Understanding and
reducing terrorism risks. Santa Monica: Rand Corporation.
Okoli A.C, & Ochim, F. I (2016). Forestlands and national security in
Nigeria. IIARD International Journal of Political and Administrative
Studies, 2 (2), 43-53, 2016.
Rabasa et al . (2007).
Khadiagala, G.M. (2010). Boundaries in East Africa. Journal of Eastern
African Studies, 4(2), 266-278(001:10.108/1753 1055.2010. 4877337).
Walker, T. (2015). Why Africa must resolve its maritime boundary disputes.
Policy Brief, 80. Institute for Security Studies (October).
Okumu (2017), p.9.
Okumu (2017).
Walker (2015); Also, Okumu (2017), p.2.
United Nations Institute of Peace (2007). Natural Resources, conflict and
conflict resolution. A publication of United Nations Institute of Peace,
Washington, DC, (September).
Geomans, H.E. & Schultz, K.A. (2013). The politics of territorial disputes. A
geo–spatial Approach to Africa. Draft paper, University of Rochester (August).
Aghemelo, A.T & Ibhasebhor, S. (2006). Colonialism as a source of boundary
dispute and conflict source of boundary dispute and conflict African states:
The World Court Judgment on The Bakassi Peninsula and its implication
for Nigeria. Journal of Social Science, 13 (3), p.177-181.
Issa-Salwe (2016).
Khadiagala (2010).
Issa-Salwe (2016).
108
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Khadiagala (2010).
Geomans & Schultz (2013), p2.
Geomans & Schultz (2013).
Ubi, E. N.(2010). Territorial theory and the resolution of African territorial
conflicts: The case of Ethiopia/Eritrea boundary conflict. Working paper
No. 9, Journal of Alternative Perspectives in Social Sciences( May).
Geomans & Schultz (2013), p.6.
Geomans & Schultz (2013), p.6.
Encarta (2008).’International Relations. ‘Microsoft® Encarta® 2009 [DVD].
Redmond, WA: Microsoft Corporation, 2008.
Hodd, M. (2002). East Africa Handbook (7th edition), Passport Books.
Maxon, R.M. (1994). East Africa: An introduction history, 2nd revised edition.
West Virginia: West Virginia University Press.
Rabasa et al (2007); Also, Joireman, S.F.(1997).Institutional change in the
Horn of Africa. Universal Publishers.
Rabasa et al (2007).
Njoka, W.D. (2013). The East Africa community and dispute settlement (A
case of Migingo Island). M.A dissertation submitted to the Post-Graduate
School at University of Nigeria (May).
Anebo, L .N.(no date). Assessing the efficacy of African boundary delineation
law and policy: The case settlement(These and Dissertations, Paper 70,
Golden Gate University School of Law).
Anebo(no date), p.7
Geomans & Schultz (2013), pp. (A1-A9).
Njoka (2013); Also, Anebo (no date), and Aghemelo & Ibhasebhor (2006).
Issa-Salwe (2016).
Issa-Salwe (2016).
Njoka (2013).
Kisiangani, E. (2017). Dispute over Migingo escalates. ISS Today. Institute
for Security Studies, South Africa (August); available online at (http:
issafrica.org/iss-today-dispute over-migingo- escalates; accessed May 201
2017).
BBC and Aljazera (various, 2013). Corroborated media reports on the
subject suggest this position; for example, various BBC and Al-Jazera news
and features.
Aghemelo & Ibhasebhor (2006).
Okumu, (2010). Resources and border disputes in Eastern Africa, Journal of
Eastern African Studies, 4 (2), 2010, 279-297, http://dx.doi.org/10.1080/1753
1055.2010.487338.
Obiero, E. (2010). Territorial disputes in Eastern Africa: The mineral
factor, October, 2012; http://eafricaenergy.blogspot.com.ng/2012/10/
territorial-disputes-in-eastern-afr ica.html ( accesses online June 28, 2017).
Obiero (2010).
Westerkamp, Meike & Houdret, Annabelle (2010). Peace-building across
Lake Albert: Reinforcing environmental cooperation between Uganda
and the Democratic Republic of Congo. Initiative for peace-building
(Adelphi Research), p.9.
Okumu (2010).
African Press Agency (2008).‘1 DR Congolese Fishermen Arrested in
Uganda’ October 26, 2008.
Okumu (2010).
109
Al Chukwuma
Okoli
Elias
Chukwuemeka
Ngwu
CEJISS
2/2019
47
48
49
50
51
52
53
54
55
56
57
58
Okumu (2010).
The New Vision (2009), January 27, 2009.
Okumu (2010).
Okumu (2010).
Okumu (2010).
Okumu (2010).
McEwen, L.C. (1997). International Boundaries of East Africa. Oxford:
Oxford University Press.
Okumu (2010).
Okumu (2010).
TullowOil (no date); http://www.tullowoil.com/tlw/operations/af/
tanzania/View all notes.
Aghemelo & Ibhasebhor (2006).
Okumu (2010), p. 279.
110