Conflict Trends, Issue 2 (2001)

PEDRO UGARTE/AFP

A Somalian girl carries water in a Mogadishu street

BY HUSSEIN SOLOMON EDITORIAL

On Monday, 28 May 2001, heavy mor- the mutineers, and that they were also supported tar and gunfire broke the stillness of by 300 mercenaries. On the other hand, President the night in Bangui, capital of the Patasse was supported by Libyan president, OCentral African Republic (CAR). The Muammar Gaddafi, who sent troops and two mili- commotion began when a rebellious army unit tary helicopters. President Patasse was also sup- attacked the home of President Ange-Felix ported by fighters loyal to Jean-Pierre Bemba’s Patasse. Within two days, it became clear that Ugandan-backed Front for the Liberation of forces loyal to the elected government had sup- Congo -these fighters crossed the Oubangui River pressed the coup attempt. The attempted coup in in barges from the Democratic Republic of the the CAR holds important lessons, for both policy- Congo (DRC). These developments point to the makers and academics, which go far beyond a fact that national conflicts exist within the context simplistic analysis that points to poor civil-mili- of various regional and sub-regional conflict sys- tary relations on the African continent. tems, and that these conflicts need to be Firstly, the attempted coup underlines the approached within that context. inherent complexity that is typical of many of Thirdly, it once again underscores the hiatus Africa’s conflicts - characterised by a large mea- between early warning and early response. As sure of interdependence between various sources early as 11 January 2001, United Nations (UN) of insecurity. Thus, it would seem that those who secretary-general, Mr Kofi Annan, warned of the participated in the attempted coup hailed from the deteriorating situation within the CAR. In his southern Yakoma tribe, which provided most of the report to the UN Security Council, the secretary- armed forces prior to the mutinies during the early general noted that the country ‘was gripped by 1990s. President Patasse, on the other hand, is political crisis, mired in social tension and under- from one of the Sara ethnic groups that originates pinned by a fragile economy.’ Despite ample warn- from the savannah north region. Thus, civil-mili- ing, the international community has done little to tary relations and the politics of identity - both prevent the looming crisis. By ignoring such early regional and ethnic - seem to coalesce. For the warning signals, the international community is conflict resolution practitioner, this implies that placing greater emphasis on conflict management, such conflicts need to be approached holistically, rather than on conflict prevention. Proactive mea- in order to understand the subtle nuances that con- sures are eschewed in favour of reactive ones. In tribute to conflicts being labelled ‘intractable’. the process, human lives are lost. As any medical The second lesson that one could draw from practitioner knows, prevention is better than cure. the attempted CAR coup, is that much of Africa’s Consequently, it is imperative that the interna- conflicts are regionalised and, increasingly, inter- tional community place greater emphasis on con- nationalised. President Patasse’s government flict prevention, rather than dealing with the con- alleges that two Rwandan generals helped lead sequences of an escalating conflict.

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which includes constructing a public sector in the the perpetuation thereof. Striking public servants lis- absence of both human and financial resources - In addition to these challenges, the public ten to Secretary-General add new dimensions to the challenges. sector has to deal with national, regional and of Conference of South The common challenges identified below are global phenomena, which can further compound African Trade Unions he public sector challenges within southern place within the context of important economic not intended to be an exhaustive list - they merely reconstruction and development initiatives. These (COSATU) Zwelinzima Africa ,1 together with global trends, have and governmental changes. These changes are display the extent of these challenges: phenomena could also threaten democracy. These Vavi speaking on the created territories of conflict that require underway in some southern African countries. For • The challenge of representing a diverse range challenges refer to the relationship between the lawn in front of the Union urgent intervention. Conflict resolution pro- example, structural adjustment programmes of people public sector and regionalisation; HIV/AIDS; pri- Building in Pretoria, 24 T August 1999. The march grammes must be implemented in order to prevent (SAP’s) have been set up between certain coun- • Managing international trends aimed at ratio- vatisation; ethnicity; globalisation; and religion. drew between 30,000 the democratic gains in these countries - and the tries; regionalisation within some countries has nalising and restructuring the public sector These challenges represent potential areas for and 40,000 overall region - from being reversed. started taking place; and external factors, such as • Allocating resources that are scarce conflict, and require dialogue. teachers, nurses and off- Since the public sector consists of institutions globalisation, have started to take effect. New • Facilitating state democratisation through What is the challenge for conflict duty police officers and through which governments deliver services to partnerships with non-state actors - such as the initiatives such as decentralised governance went to the Union communities, they have a primary responsibility private sector, communities and civil society - are • Changing structures and styles of management resolution practitioners in terms of Building demanding in post-conflict reconstruction initiatives. Of also likely to be forged through the implementa- • Developing human resources the role of the public sector in post- higher wages. course, international development organisations tion of governance. • Challenges associated with transforming ser- conflict reconstruction initiatives? also have a role to play in this regard, particularly The consequential economic and political vice delivery in order to redress past imbal- in post-conflict situations. The restructuring of changes that the public sector will experience, will ances and meet current needs Conflict resolution practitioners need to explore institutions such as the public sector, becomes impact on conflict generation (and the manifesta- • Lack of service delivery, or the non-delivery programmes that could address the role of the one of the first and foremost challenges for post- tion thereof) within this institution and others. of civil society expectations public sector in terms of post-conflict reconstruc- conflict countries. By virtue of its central role in Hence, there are new challenges for Africa’s con- • Inefficient delivery of services tion initiatives. In this way, our interventions strengthening democratic initiatives, the public flict resolution initiatives. Consequently, preven- These challenges pose a mammoth task for would adopt a more holistic approach. sector has to contend with numerous reconstruction, management and transformation initiatives any new, young or developing democracy which Notwithstanding the belief that reform and recon- tion and development challenges. within these territories will need to be explored. does not have the necessary experience, or the struction of the public sector is technical, devel- These challenges - in conjunction with the capacity in terms of human and financial opments in the field continue to emphasise that nature, history, structure and function of a partic- What are the reconstruction and resources. In addition, these challenges also cre- the process is political and conflictual - rather ular country’s public sector - make this institution development challenges that face ate territories for conflict. than technical - in nature. Consequently, when prone to conflict. In some Sub-Saharan countries, the public sector? Conflicts within the public sector relate to the formulating reconstruction initiatives and inter- conflicts within the public sector have threatened two levels at which reconstruction and develop- ventions, conflict resolution practitioners must young democracies, slowed down reconstruction The reconstruction and development challenges ment takes place. Firstly, sites of conflict are take into account these new trends - this is and development programmes, and have ham- that face public sectors in southern African are gen- found within the public sector because it is absolutely essential if lasting and sustainable pered the advancement of countries, as well as the erally not dissimilar to those experienced globally. involved in representing a diverse range of peo- solutions are to become a reality on the African region in which they are located. Transforming this structure into an efficient and ple, rationalisation and structural changes. continent. In addition to serving as institutions through effective institution, capable of providing desper- Secondly, conflict occurs between the public sec- Endnotes which governance is implemented, the public sec- ately needed public services to the communities tor and civil society as a result of transforming tor is expected to take up a central role in the they serve, is a global phenomenon. However, the service delivery to meet the needs of civil society. 1 Public Sector refers to an all embracing term for all govern- process of finding lasting solutions to the conflicts peculiarities of the political, economic and social The interplay between these reconstruction and ment institutions at all levels on the African continent. This would need to take circumstances of the southern African region - development challenges can lead to conflict, and

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Preventive Action refers to action undertaken by governments, regional organisations or non-governmental organisations aimed at preventing disputes from arising between parties, at preventing existing disputes from escalating into conflict and at limiting the spread of conflict when it occurs.

he second quarter of the year 2001 wit- bouring the Revolutionary United Front (RUF), as nessed a number of socio-political and well as other armed groups, in the region. term, which could be renewed once. The draft pensation. Although the Rassemblement Rwanda’s Patriotic Army economic developments on the African con- The government of Sierra Leone met with the constitution will be submitted to a referendum at Congolais pour la Democratie -Mouvement de lib- pulls out of the Southern Ttinent, which hold both positive and nega- RUF in Abuja on 10 May 2001. The meeting was the end of 2001. eration (RCD-ML) was not one of the signatories, it East city of Pweto in the tive implications for the African Renaissance pro- organised to discuss the November 2000 ceasefire However, both external and internally-based commended the other stakeholders’ action. The Democratic Republic of ject. This paper will hopefully provide a broad agreement. Representatives from the UN and opposition parties (14 in total) did not take part in UN and the Organisation of African Unity (OAU) Congo overview of some of the political developments that ECOWAS attended the meeting, during which the the debate on the draft, because they were not part welcomed President Joseph Kabila’s decision to have taken place in the various sub-regions of the RUF promised to withdraw from the district of of the first phase dialogue which took place in lift the ban on political parties, and applauded the continent, and will also look at some of the trends Kambia; release child combatants; and return all March. They criticised the draft, claiming it had the efforts of all actors to achieve peace. that have characterised these developments. weapons seized from UN peacekeepers. potential of creating a totalitarian regime. The Meanwhile, all foreign actors have committed The UN has called for a holistic regional opposition parties and National Resistance Council themselves to withdrawing their forces from the WEST AFRICA approach to the challenges that are currently fac- (CNR) submitted a proposal, which focussed on the DRC. Regional defence and foreign ministers, as ing West Africa. This would take into account integration of former CNR combatants into the well as ambassadors from the UNSC, agreed that The political situation within the Mano River issues relating to political and humanitarian chal- national army; the creation of a ‘consensual’ transi- the total withdrawal of all foreign forces should be countries - Guinea, Liberia and Sierra Leone - is lenges. According to UN representative, Ibrahim tion period; and the formation of a government of completed by February 2002. of great concern to the Economic Community of Fall, both ECOWAS and the UN need to develop a national unity. The opposition was given assurance Representative of the UNSC mission to the West African States (ECOWAS) and to the United plan of action in order to deal with conflicts within by the government that their amendments and sug- Great Lakes region, Ambassador Jean-David Nations (UN). Representatives of the UN mission the Mano River countries. gestions would be taken into account. Levitte, announced that the first preparatory ses- - deputy emergency relief coordinator, Carolyn sion of the Inter-Congolese dialogue would take McAskie; assistant secretary-general for political CENTRAL AFRICA EAST AFRICA AND THE place in July. During June, the Inter-Congolese affairs, Ibrahim Fall; and undersecretary-general facilitator, Sir Ketumile Masire, is expected to for peacekeeping operations, Jean-Marie A new draft constitution, which was presented by GREAT LAKES send representatives throughout the Congo to Guehenno - visited these countries from 12-17 Congo’s government, was approved on 12 April select delegates to partake in the dialogue. April. According to their assessment, Liberia and during the second phase of dialogue. Dialogue The peace process in the Democratic Republic of Burundi’s peace process is yet to transcend Guinea seem to be facing serious political chal- facilitator and Gabon’s president, Omar Bongo, the Congo (DRC) seems to be gaining momentum. some of its challenges. Among them is the need to lenges, while Sierra Leone seems to be steadily urged all stakeholders to commit themselves to On 7 May, the government and opposition armed decide on the leadership of the transition, as well moving in a positive direction. genuine reconciliation. The draft refers to a presi- forces signed a ‘Declaration of Fundamental as the ceasefire between the rebels and army. The The UN imposed sanctions against Liberia dential system that would give the president exec- Principles’ which is intended to lay the ground- UN has called on all actors to return to the negoti- during the early part of May, after it could not pro- utive powers as head of the cabinet. It would also work for an inter-Congolese dialogue which, in ation table. vide proof that it had stopped supporting and har- allow the president to be elected for a seven-year turn, is expected to lead the country to a new dis-

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SOUTHERN AFRICA NORTH AFRICA More than 200,000 march in Algiers to The sub-region is faced with challenges that cen- Algeria is yet to resolve the Berber culture and denounce what they describe as the tre on issues of democracy and good governance. language issue. A rally in central Kabylie on 20 repression of Berber These include electoral politics and the entrench- April - organised by the Cultural Berber people in ment of a multi-party democracy. Among the Movement (MCB) to commemorate the 21st Algeria’s northeastern countries that are most affected by these chal- anniversary of the ‘Berber Spring’ - left more than Kabyilia region lenges are Zambia and Malawi. 40 people dead, following a clash with security President Chiluba’s attempt to run for another forces. The rally was also intended to demand offi- term was met with strong resistance from civil cial recognition of the Berber culture and lan- society and opposition parties, as well as members guage. The rally received support from various of his own Movement for Multi-party Democratic institutions, such as the National Federation of (MMD). Although his party’s constitution was the Sons of the Martyrs (FNFC); the Local changed during a special convention held at the Coordination of Students (CLE); and the end of April, Chiluba backed down on 12 May and Coordination of Amazigh Scholl (CLA). Berbers declared that he would not stand for a third term. make up approximately one third of the overall According to some observers, Chiluba was pres- population in Algeria. sured not to seek another term by Western donors. In Malawi, reported campaigns by the United CONCLUSIONS Democratic Front (UDF) to amend the constitution - in order to let President Bakili Maluzi run for a While a number of countries in West Africa - par- third term - were also met with protest from the ticularly along the Mano River - are overshadowed religious arena (the Church of Central African by challenges brought about by conflict, some Presbyterian - CCAP, and the Roman Catholic); Central and East African countries are showing opposition parties (the Malawi Congress Party - positive signs towards dealing with their chal- MCP, and the Alliance for Democracy - AFORD); lenges. Southern Africa, in particular, has to work and human rights bodies. They argued that the towards consolidating multi-party democracy and campaign could cost President Maluzi’s reputa- good governance. tion, both locally and further afield.

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EASTERN AFRICA Professor Yash Pal Ghai, facilitator of the Kenya while 20 seats are reserved for special groups, Constitutional Review process, has submitted to which include the army, youth and disabled. In parliament the 12 names to be included in an the capital city of Kampala, 50 candidates are expanded constitution of the Kenya Review vying for eight seats. One of the candidates is Commission. The decision to expand the commis- Nasser Ssebaggala, whose candidature for the sion came as a result of a compromise between two presidency was annulled by a constitutional pro- previously opposed constitutional reform initia- vision, which stipulates that candidates must sat- tives led by the parliamentary select committee, isfy certain minimum educational qualifications. which is dominated by lawmakers from the ruling Only three candidates will make it through to par- Kenya African National Union (Kanu) and civil liament unopposed - one will do so because her society (Ufungamano), respectively. The merging opponent arrived 16 minutes late for the nomina- of both initiatives, under the facilitation of tion. The Uganda constitution provides that can- renowned constitutional lawyer, Professor Yash Pal didates may contest for public office on the basis Ghai, is seen as an important first step in pushing of individual merit, and need not secure party the constitutional reform process forward. The support. However, agitation for a return to multi- pending enactment of a bill to entrench the review party politics continues to dominate political and act in the constitution, as well as the issue of civic constitutional debates throughout the country. education and the delay in the commencement of In Tanzania, the ruling Chama Cha Mapinduzi the review process, have all been subjects that (CCM) and the opposition Civic United Front have dominated constitutional reform discussions (CUF) appear to be inching towards a compro- throughout the country. Professor Ghai is expected mise, following a stand-off over demands for con- to pick 12 names from a list of 20 that was pre- stitutional change in the country, which resulted sented to him by individuals and designated nomi- in violent clashes between the police and CUF nating bodies. On receiving the names, the clerk of demonstrators during January this year. The parliament is expected to give them to the House clashes precipitated a rapid exodus of predomi- Business Committee for subsequent tabling and nantly CUF supporters and parliamentarians from endorsement in parliament. On endorsement, the the Zanzibar Islands to the Shimoni Coast in 12 will be appointed and sworn in by the president Mombasa, Kenya. Under the facilitation of the - hopefully before the end of June. United Nations High Commissioner of Refugees In Uganda, 700 candidates will contest for the (UNHCR), more than half the Zanzibari refugees 279-seat parliament. Of these, 53 seats are have been repatriated back to their country, with reserved for women through electoral colleges, others expected to follow. The Tanzanian govern-

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democracy. The president has suggested that par- was re-elected - together with the remaining 21 ties must meet certain pre-conditions in order to members of the USFP politburo - at a meeting of field candidates for elections. This is widely the administrative committee, set up during the

REUTERS viewed as a reaction to the recent proliferation of party’s congress, which took place from 29 March political parties within the country, following the to 1 April. Meanwhile, Amnesty International (AI) constitutional referendum held in November signed an agreement with Morocco to support the 2000. According to the president, different condi- teaching of human rights in the country. The tions would apply to parties with previous election agreement aims to promote a culture of human experience, as compared to those featuring for the rights. It also aims to ensure adherence to the cul- first time. For the first category, a minimum score ture by persons in charge of law enforcement. The at the previous election is required, while a mini- training programmes for law enforcers will mum number of endorsements would be required include the concept and protection of human of parties in the second category. Of the 65 politi- rights, and will also create an awareness of the cal parties identified on the eve of the 29 April dangers associated with the violation of such parliamentary elections, 25 took part in the polls. rights. AI and Morocco also agreed to establish a Only eight parties, as well as the SOPI coalition joint committee to monitor the developing aware- (which brought together about 40 parties support- ness of human rights in the country. ive of the ruling PDS), got seats. SOUTHERN AFRICA NORTHERN AFRICA Zimbabwe passed a law forbidding foreign funding ment has assured security for the returnees. The resources and less organisational capacity, they Egypt’s ruling party, the National Democratic for local political parties. The Political Parties Christians in Nigeria January stand-off has its roots in election irregu- would still have access to public funds. The Party, won 20 of the 25 seats during the second (Finance) Act forbids political parties from solicit- continue to resist the larities, which took place in 16 separate wards on debate continues. stage of elections for the country’s consultative ing or receiving funding from foreign sources, and implementation of Islamic the Zanzibar Islands during the October 2000 council. The interior ministry says the five other provides for stiff penalties, including disqualifica- Sharia Law in the ten general election. Despite a repeat of the polls in seats - which have no legislative power - were won tion for violators. The law states that no political northern Nigeria states WESTERN AFRICA November, the CUF has maintained its position by independent candidates. The first round of party, member of a political party or candidate, that fresh elections must be held. The CUF is In Nigeria, conflict of law continues to charac- elections was held on 27 May. On 9 June, the sec- shall accept any foreign donation, whether directly widely perceived to have a stronger following on terise the political and constitutional climate. In ond round of elections was held in six of the coun- from the donor, or indirectly through a third per- the islands than on the mainland. Although the recent months, a total of 10 states in northern try’s 26 governorates. Eight seats - including son. The government has repeatedly accused conflict has manifested itself at a political level, Nigeria have adopted the Islamic Law known as seven for the NDP - were decided in the first European countries - particularly Britain - of inter- its origin lies with a demand to revisit the Articles Sharia. Christians living in the Borno State are round. In the second round, the ruling party fering in Zimbabwe’s domestic affairs, by financ- of the Union, with a view to restructuring it. resisting it, claiming they were not consulted picked up 13 of the remaining 17 seats. ing opposition parties in an attempt to unseat Meanwhile, a new movement for constitutional about the implementation of the code, and that it Algeria’s senate selected Mohamed Cherif President Robert Mugabe. International donors change is lobbying for the inclusion of a provision is inconsistent with freedom of belief and expres- Messadia as its new president. He replaces Bachir have criticised the Zimbabwean government for its that would allow independent candidates to vie for sion, which are provided for in the federal consti- Boumaza. According to the Algerian constitution, controversial land reform programme, through public office. The Tanzanian constitution provides tution. The Borno State government has, in recent the president of the senate is the second most which it compulsorily acquired under-utilised that candidates must secure party support before weeks, banned the sale and consumption of alco- important state figure. The new president empha- farms owned by whites, in order to resettled land- they can contest public elections. The advocates hol, and has set out a series of restrictions and sised a democratic and constitutional change in less Africans. In Zambia, the political atmosphere for this particular provision argue that established regulations in line with the tenets of Islam. government. His candidature was proposed by the is still dominated by the president’s failed bid to political parties have not been very consistent in Meanwhile, the Nigerian press will soon be free of parliamentary groups of two leading political par- run for an unconstitutional third term in office. articulating national concerns, and that many the restrictions that were enacted under the late ties: the National Liberation Front (FLN) and the Former Zambian vice-president, Christon Tembo, have concentrated on narrow - and sometimes - Sani Abacha. The speaker of the House of National Democratic Rally (RND). Meanwhile, resigned from the ruling Movement for Multi-party personal interests. They further argue that inde- Representatives has mentioned that all sections of Algeria became the third country to sign the OAU Democracy (MMD). He also resigned from parlia- pendent candidates would have more freedom to the Nigerian constitution which inhibit press free- protocol which relates to the Pan African ment and joined the Forum for Development and make their contributions, without being bound by dom, will be repealed before the end of the year. Parliament. Algeria stated that the organ pre- Democracy (FDD).The FDD is a new party that is party discipline. Independents, in their view, Between 1983 and 1985, General Muhammadu sented an opportunity to participate in discus- being run by former ministers who were expelled would therefore serve as an innovative addition to Buhari (who was the military ruler at the time) sions on such vital issues as good governance, from the MMD because they opposed the presi- the country’s constitutional development. The rec- promulgated Decree Number Four, which empow- democracy, constitutionalism and human rights. dent’s bid. The 22 ex-MMD members are also ommendation has not received favour with the ered him to incarcerate a reporter or his editor if In Morocco, Prime Minister Abderrahmane challenging their expulsion from the party. In more established parties, which feel that indepen- they published any article that indicted those who Youssoufi was re-elected head of the Union of addition, they are appealing to the speaker to con- dents would be able to mount serious challenges - ruled the country. Senegal is currently trying to Peoples Socialist Forces (USFP). The USFP is the vene parliament in order to debate the motion to although they would have relatively fewer redefine the role of political parties within a main party within the ruling coalition. Youssoufi impeach the president.

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FEATURE

State reconstruction and peace-building efforts are critical to sustainable solutions to conflicts in Somalia

SOMALIA BY BY KORWA G. ADAR

of a collapsed state

y the time the president of Somalia, Siad largely by the clan, sub-clan warlords and their Barre, was finally defeated and driven out business allies. of the country in 1991, more than 300,000 Economic Activities BSomalis had been killed, 800,000 turned into refugees, 1,170,000 internally displaced and In 1998, for example, exports of commodities such 4.5 million threatened with starvation. By the year as livestock, bananas, hides and fish accounted for 2000, nearly one million of Somali’s estimated pop- more than US$187 million. Saudi Arabia, the ulation of nine million had been killed in the civil United Arab Emirates (UAE), Italy, and Yemen war. Most of the Somali refugees are hosted within received 57%, 15%, 12%, and 8% of the goods, the Intergovernmental Authority on Development respectively. In 1998, imports of manufactured (IGAD) region, with Ethiopia and Kenya being the goods, petroleum products, and foodstuffs totalled largest recipients of refugees. In 1994, 1996 and US$327 million. In 1998, Djibouti, Kenya, 1998, IGAD member countries (Djibouti, Eritrea, Belarus, India and Saudi Arabia accounted for Ethiopia, Kenya, Sudan, and Uganda) accommo- 20%, 11%, 11%, 10% and 9% of the total com- dated more than 500,000, 520,000 and 450,000 modities exported to Somalia, respectively. By Somali refugees, respectively. Even though the 1997, Somalia’s Gross National Product (GNP) and state has collapsed, internal and external economic external debt were estimated to be US$879 million activities are still maintained and are controlled and US$3 billion, respectively. There are more

A Somalian girl waits for help and food at a feeding center in 12 Baidoa,Somalia 13 13 SOMALIE/AFP MANOOCHER/AFP

FEATURE

State reconstruction and peace-building efforts are critical to sustainable solutions to conflicts in Somalia

SOMALIA BY BY KORWA G. ADAR

of a collapsed state

A Somalian girl waits for help and food at a feeding center in 12 Baidoa,Somalia 13 13 SOMALIE/AFP SOMALIA SOMALIA

than 40 international governmental organisations tions against the Somali militias, the Al-Itihad Al- (IGOs) and international non-governmental organi- Islamia (Islamic Unionist Party - IUP) and the HOCINE ZAOURAR/AFP sations (INGOs) involved in humanitarian activi- Islamic Party. Aideed, on the other hand, receives ties in Somalia, and they play an important role in arms primarily from Eritrea and Libya. The first the country’s economy. major military encounter against the IUP, which The debacle of the United Nations Operation in involved a coalition of Ethiopian troops and SNF Somalia (UNOSOM II), which was established to militia, was in 1996 and 1997, when Ethiopian restore stability and revive the collapsed state, cul- forces managed to occupy the Gedo region in minated in a war of attrition among the intra-and southern Somalia. In 1999, a coalition of more than inter-clan factions. UNOSOM II was mandated by 3,000 Ethiopian troops-RRA militias pursued the the UN Security Council, under Chapter VI of the IUP and OLF militia as far as the Somali central UN Charter, to ensure the observance of a ceasefire town of Baidoa. With the help of more than 500 by clan factions; to use force, if necessary, to prevent Ethiopian troops, a Luq-Belatwein-Baidoa buffer factional fighting; to protect UN personnel; to con- zone was established at the end of the military trol the heavy weapons used by factions; to protect operations. Apart from instability within Somalia - the seaports and airports; to clear landmines; and to which is of major concern for the IGAD members repatriate refugees. After spending more than US$1 in general - the growth of Islamic fundamentalism billion, and after losing 151 personnel, the UN with- is also one of the central determinants of the drew its 28,000 troops and 2,800 personnel under Zenawi Administration’s interventionist foreign the protection of the Combined Task Forces United policy behaviour vis-a-vis Somalia. Shield (CTFUS), which consisted of 19,000 troops The establishment of Somaliland - although it is from 17 countries - including five from Africa still waiting in the wings for the existing states to (Egypt, Ghana, Nigeria, Zambia and Zimbabwe). confer sovereignty and international legal personal- ity to it through diplomatic recognition - set the Actors in the Civil War stage for what can best be described as the ‘emiriti- Over the last decade, the intra-and inter-clan fac- sation’ of Somalia. In other words, the balkanisation tional fighting has involved General Mohamed of the country by self-styled Muslim warlords. Farar Aideed, and later his son, Hussein Aideed Apart from the self-declared republic of (Somali National Alliance - SNA/United Somali Somaliland, the other administrative units which Congress - USC); Osman Hassan Ali Atto have been established in Somalia include Puntland (SNA/USC); Ali Ismail Abdi (Somali National (which incorporates five regions north-east of Democratic Union - SNDU); Mohamed Qanyare Somalia - 1998), Jubbaland (the region around Afraha (USC); General Mohamed Said H. Morgan Kismayu Port - 1999) and Hiranland (central (Somali Patriotic Movement - SPM); Mohamed Ali Somalia states - 1999). These administrative units Hamad (Somali Democratic Movement - SDM); are compatible with IGAD’s long-standing ideal of General Omer Haji Maselle (Somali National Front reconstructing the collapsed state of Somalia, which It is important to note that the leaders of Somalia or Pan Somalism. The policy of Greater Somali refugees huddle in - SNF); General Mohamed A. Musa/Abdullahi would be centralised within the context of ‘building Puntland have reiterated their commitment to the Somalia was centred on the premise that all squalid makeshift huts in Yussuf Ahmed (Somali Salvation Democratic Front blocks’. IGAD’s concept of building blocks is based inviolability of the unity, integrity and sovereignty Somali-speaking people in the Horn of Africa the south of Mogadishu - SSDF); Ali Mahdi (National Salvation Council - on the proposition that the development of local of Somalia, whereas the Somaliland administration should be incorporated into one larger state. NSC); Mohamed Ali Aden Qalinleh (Rahawayn administrative units (or the ‘bottom-up’ approach) is advocating for secession. Somaliland’s policy of Ebrahim Egal’s volte-face regarding the policy Resistance Army - RRA); and Adan Abdullah Nur constitutes a viable option towards the establish- secession contradicts the Charter of the of Somali unification can be attributed to four main (SPM). Apart from these contenders, regional ment of a decentralised Somali unity. In an attempt Organisation of African Unity (OAU) - particularly factors. Firstly, the perpetual intra-clan, inter-clan actors - particularly Eritrea, Ethiopia, and Kenya - to authenticate and legitimise this policy of decen- Article III - as well as the organisation’s long- and sub-clan war of attrition, which continues to have also been involved, either directly or by tralisation in Somalia, IGAD heads of state and gov- standing policy based on a respect for the mainte- reinforce the zero-sum calculus of power, negates proxy, in the civil war in Somalia. ernment (during their seventh summit in November nance of the borders of the African states, as the possibility of achieving a consensus on the pol- Ethiopia has frequently deployed troops along 1999) called upon the international community to acquired at the time of independence. Indeed, icy. Secondly, the policy of Greater Somalia side the RRA, the SNC, the SNDU and the SNF to provide assistance and promote the reconstruction IGAD’s concept of building blocks is centred on the remains an elusive concept because prior to its fight against Ethiopian rebel movements such as efforts underway in Somaliland and Puntland as the same viewpoint. In other words, the reconstruction collapse, Somalia never received meaningful sup- the Oromo Liberation Front (OLF) and the Ogaden main building blocks on which to restore Somalia. of the Somali state, with the long-term objective port from the international community in its National Liberation Front (ONLF), both of which Somaliland is dominated mainly by the Issaq clan, being the unity of Somalia, as it existed prior to its endeavour to secure self-determination for the are based in Somalia and are supported by whereas Puntland, which is controlled by the SSDF, collapse. What is interesting to note is that as the Somalis within the region. Thirdly, most Somalis Aideed’s SNA/USC, as well as his allies. Ethiopian consists of a coalition of the Majerteen clans in the prime minister of Somalia (1967-1969), Ebrahim have come to associate the protection of their secu- troops have also been engaged in military opera- Bari, Nugal and Mudug regions. Egal was one of the leading advocates for a Greater rity with clans and sub-clans, thus eroding the rel-

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evance of the state. This makes it difficult to envis- report prepared by the office of the UN resident Educational, Scientific and Cultural Organisation the parties. Apart from the distribution of seats, the age a larger entity called Greater Somalia. and humanitarian coordinator for Somalia, is that (UNESCO); the World Food Programme (WFP); other pertinent issues agreed upon by the Somalis Fourthly, Egal’s decision is likely to be influenced true opportunities for recovery and development and the World Health Organisation (WHO) - is to included the establishment of a government of by the SNM’s radical wing, who are strongly exist in Somaliland and Puntland, because of the encourage Somalis to participate actively in the national unity for a period of two years; the election opposed to the unification of Somaliland (or Calan relative peace and stability that prevails there. reconstruction and development of the regions that of a president by members of parliament; the Cas as they call it) with Somalia. In December Even the UN secretary-general, Kofi Annan, ear- are experiencing peace and stability. The financial appointment of a prime minister by the president; 2000, for example, more than 200 prominent per- lier acknowledged (in his Report - GENERAL flow to Somalia from IGOs, INGOs and NGOs the formation of a transitional government by the sonalities in Somaliland - including former vice- S/1999/882) that administrations in some parts of based in the country, as well as the Official prime minister; the setting in motion of a national president, Abdirahman Aw-Ali, and other SNM Somalia, particularly in Somaliland and Puntland, Development Assistance (ODA), provides useful constitution-making project; and the preparation members - signed a petition against the unification had began to provide some basic services to their incentives for the development and reconstruction and establishment of institutional structures of Calan Cas with Somalia. The policy of Pan people. One of the central objectives of the UN res- of Somalia. The millions of ‘Somali diaspora’ con- required for independent national elections to be Somalism is currently being championed by the lit- ident coordinator and the UN country team (UNCT) tribute nearly US$120 million per year, whereas held within the interim period. The 27 August tle known IUP and Islamic Party, whose main pro- - including the UN Political Office for Somalia the ODA contributed US$90 million and US$64 2000 inauguration of Abdiqassim Salad Hassan as jects are centred on the establishment of a theo- (UNPOS); the Food and Agriculture Organisation million in 1998 and 1999, respectively. president of the Somali Transitional Government A Pakistani soldier is cratic Islamic state based on sharia, as in the case (FAO); the UN Children’s Fund (UNICEF); the UN (STG), and the establishment of the Transitional deployed in Mogadishu in of al-Turabi’s Sudan, which is administered by the Development Fund for Women (UNIFEM); the UN Peace-building in Somalia National Assembly (TNA) which followed four 1993 as part of the failed National Islamic Front (NIF) government. Development Programme (UNDP); the UN High- Since the collapse of the Somali state in 1991, months of negotiations in Djibouti, once again UN operation in Somalia What is emerging, as indicated in the 2000 Commissioner for Refugees (UNHCR); the UN more than 15 conflict resolution attempts have brought new hopes for stability in Somalia. Salad failed. These attempts were initiated by clan and Hassan won the third round of voting, after beating sub-clan leaders across the socio-religious and his nearest rival, Abdullahi Ahmed Addow, by 145 economic-political spectrum in the country. to 92 votes. Bilateral and multilateral regional, continental and Taking cognisance of the volatility and com- global efforts have also failed. However, the 2000 plexity of the civil war, the conflicting parties Djibouti peace plans have shed more hope with incorporated a number of central, binding princi- regard to peace-building in Somalia. ples into the Arta Accords, which they considered During his September 1999 address to the UN essential to the survival of the agreement. Firstly, General Assembly (UNGA), President Ismail Omar the Arta Accords reaffirmed their commitment to Guelleh of Djibouti outlined what he considered to the unity, national sovereignty and territorial be a more inclusive and viable option to the peace integrity of Somalia. Secondly, the Somalis pledged process in Somalia. He reiterated his country’s to refrain from instigating violence, and from using commitment to host an inclusive and comprehen- threat or force as mechanisms for achieving politi- sive Somali National Peace Conference (SNPC). cal ends. Thirdly, they agreed to subordinate their His initiative, endorsed by the UNGA, the OAU, personal ambitions and self-interests to the the IGAD, the League of Arab States (LAS), the national interests of Somalia. Fourthly, they reaf- Organisation of Islamic Conference (OIC) and firmed their commitment to observe the 1992 UN other interested parties, culminated in the Arta Security Council Resolution 733, which imposed a Djibouti Accords - agreed upon by more than complete embargo on all deliveries of weapons and 2,000 delegates. The participants included tradi- military equipment to Somalia. Fifthly, they tional and community leaders, religious groups, pledged to adhere to the ceasefire and disarma- business leaders, politicians and intellectuals from ment agreements, which were signed by the con- Somalia. IGAD, Egypt, Ethiopia, the OAU, the UN, flicting parties between 1991 and 1997. Italy and the United States also attended the conference, which has the potential to provide a last- Challenges to Somali’s Peace ing foundation for conflict resolution in Somalia. In Process and Peace-building an attempt to reach an amicable resolution to the Apart from the volatile situation in Somalia, the endemic problem in Somalia, and to accommodate Somali Restoration and Reconciliation Council the interests of clan factions, the delegates agreed (SRRC) - established by Somali factional leaders to share the 245 TNA seats according to the main in Awasa, Ethiopia, in March 2001, under the aegis clans, with the Dirr, Hawiye, Darod, Digil and of the Zenawi Administration - has brought a new Mirifle allocated 44 seats each. dimension of uncertainty with regard to the sur- On the other hand, the small clans and women vival and legitimacy of the newly established STG, were allocated 24 and 25 seats, respectively. The which is led by Abdiqassim Salad Hassan. The ANDRE DURAND/AFP additional 20 seats were distributed equally among Awassa Group’s agreement provides for the estab-

16 17 SOMALIA SOMALIA

16 17 SOMALIA

lishment of an interim government, presided by Operational Plan to Support Governance and Peace- five co-chairmen on a rotational basis. The SRRC building in Somalia. The programme was designed has also been mandated to convene a national rec- to harmonise the UN agencies’ operations in the onciliation conference in Somalia. The SRRC co- country, as well as those in Somaliland and chairmen include Hussein Aideed (SNA/USC); Puntland. One of the plan’s objectives entailed the General Aden Abdullahi Nur (SPM); Hassan participation of Somalis in the reconstruction of the Mohamed Nur Shatigadud (RRA); Abdullahi state, by solidifying incentives for peace that were Shakh Ismail (SSNM); and Hilowle Imam Umar. emerging from the Arta Accords and existing areas The Awassa Accords received support from in Somaliland and Puntland. Ebrahim Egal of Somaliland, and Colonel President Salad Hassan’s participation in the Abdullahi Yusuf Ahmed of Puntland, the adminis- November 2000 IGAD Summit in Sudan, as well as trative regions commonly referred to as the the cancellation of debts owed to the regional Northern Recovery Zones. The 16 faction leaders organisation by Somalia, indicate a clear endorse- who signed the Awassa agreement are led by ment of the STG. The appointment of Ali Abdal Colonel Abdullahi Yusuf and Hussein Aideed. Rahman al-Numayri (by President Al-Bashir of The Zenawi Administration, as well as the lead- Sudan) as IGAD’s special envoy to Somalia, clearly ers of Somaliland and Puntland, are wary of the indicates the regional organisation’s commitment STG’s links with Islamic fundamentalists. More to support the STG. Indeed, for the first time in 10 than 40% of Ethiopians are Muslims, a factor years, Somalia was officially represented at the which the Zenawi Administration cannot ignore, March 2001 OAU Summit in Tripoli, Libya. The particularly because the Oromos - the largest eth- Libyan leader’s commitment to support President nic group in Ethiopia, who are fighting for their Salad Hassan’s interim government, and the self-determination - are culturally and linguisti- Somali-Libyan economic cooperation signed dur- cally akin to the Somalis. Indeed, Ethiopia’s land- ing the summit, have laid the foundation for locked position and her desire for access to the sea- improved relations between the two countries in port of Berbera in Somaliland, explains the Zenawi the future. As I have explained, Libya is one of the Administration’s de facto cordial relations with the countries that continued to provide the politico- leadership of Ebrahim Egal. Somaliland is con- military support to Hussein Aideed, who is trolled mainly by the Somali National Movement opposed to the STG. (SNM), with the United Somali Front (USF), the Somali Democratic Alliance (SDA) and the United Conclusion Somali Party(USP) as the main opponents to the A durable solution to the perpetual civil war and Egal leadership. It would be correct to say that the instability in Somalia can only prevail if state Zenawi Administration favours the emergence of reconstruction and peace-building efforts are car- stable, but fragmented, autonomous Somali ried out within the IGAD-mandated Arta Accords. republics, such as Puntland and Somaliland, which IGAD remains the only appropriate instrument, would not pose a threat to Ethiopia. which needs to be supported in order to coordinate the peace process in Somalia. The parallel conflict State Reconstruction and Peace- resolution initiative, encouraged by the Zenawi building on the Post Arta Accords Administration, is likely to undermine the progress In an attempt to solidify and accelerate the recogni- made by the STG towards reconciliation - progress tion of his government, the new Somali leader, which has received recognition from the UN, the Salad Hassan, attended the UN Millennium OAU, the LAS, the EU and IGAD. In order to Summit in New York during September 2000. accelerate the peace process in Somalia, the LAS While he was there, the Somali flag was hoisted for committed more than US$450 million to the STG at the first time after more than 10 years. President one of its recent meetings. Salad Hassan not only thanked the UN for its efforts to revitalise the collapsed state of Somalia, but also Endnotes apologised, on behalf of his country, for the atroci- ties that were committed during the UNOSOM II * Korwa G. Adar is an Associate Professor of International operations. During November 2000, the UN repre- Studies at Rhodes University sentative in Somalia, Randolph Kent, launched a comprehensive programme entitled First Steps: An

18 BERTRAND ROSENTHAL/AFP

INTERVIEW WITH PRIME MINISTER ALI KHALIF GALAYHD

NAIROBI, 14 May (IRIN) - Since its establishment in Mogadishu seven months ago, the new Transitional National Government (TNG) has struggled to assert control over the Somali capital, demobilise thousands of armed militia, and deal with rampant inflation. Initially received with great optimism in Mogadishu, the TNG has faced continued opposition from Mogadishu-based faction leaders; the newly formed southern-based Somali Restoration and Reconciliation Committee (SRRC); the self-declared independent state of Somaliland, north-western Somalia; and the self-declared autonomous region of Puntland, north-eastern Somalia. Opposition leaders have rejected the Djibouti-hosted Somali peace talks in Arta, which led to the election of the TNG in August 2000, and have dismissed the new government as 'illegal' and 'unrepresentative' - despite the fact the it has received international recognition. Interim Prime Minister Ali Khalif Galayhd spoke to IRIN during his visit to Nairobi, Kenya, from 10-12 May, where he held talks with international financial institutions, diplomats and the United Nations Development Programme (UNDP).

19 INTERVIEW FEATURE

IRIN: Can you explain what the Transitional logue, even with our opponents in the city... Last There was an Act of Union when British National Government hopes to get out of talks with week there were six lorries full of arms and ammu- Somaliland became independent on 26 June 1960, the International Monetary Fund [IMF] and the nitions which came into Mogadishu. We knew and the southern Italian-administered Somali World Bank? when they entered the country, and we followed trusteeship became independent on 1 July 1960. Prime Minister Galayhd: The main objective is to their route - but we didn’t want to pick a fight... I The union took place that same day, 1 July 1960. I brief the IMF and World Bank on the state of the would have thought this [reluctance to fight] don’t think Egal and his administrative entity can economy, and share some ideas we have on formu- demonstrates our goodwill. Some people might see legally decide on their own to pull out of that lating policies whether in terms of tax collection, or it as a sign of weakness. But for us it is a sign to our union, even if there is a majority vote. And I don’t the printing of new money. We will also discuss out- own people that we want to abstain from the use of believe there will be a majority [vote on that issue]. standing loans, and what we are seeking in terms of violence.What happened over the last two days I think the majority of people there are vehemently assistance from the international community for the [11-12 May] ... happened in and around the port. against this so-called secession. I’m afraid people reconstruction and rehabilitation of the country. I’m told [faction leader] Husayn Aydid wanted to might resort tostuffing ballot boxes. There might be IRIN: But is it possible to ask for such assistance enter the port. This is a first - he has not entered violence in a good number of the regions, including when the TNG hasn’t been able to demonstrate the port since the TNG has been in Mogadishu... the critical region of Togdheer. control over the economy - or over the regions? shots were fired and from there, things spun out of IRIN: What would you say is the greatest strength, Prime Minister Galayhd: Well, control of the econ- control... it was an unfortunate incident... We are and the greatest weakness of the TNG? omy is easier said than done. We came to sorry that it has happened, and when people get Prime Minister Galayhd: I think the greatest Mogadishu on 13 October, and we came without a killed - I don’t care whether they are on the side of strength is that this is a process in which most penny. We have been supported by some business Aydid or the government, it is unfortunate for Somalis have a sense of ownership. This is their people. At the time, we were in no position to col- Somalis. We abhor the loss of life. We would like to process of national reconciliation and of recon- lect taxes... and in terms of taking command of the advise caution, until we get back on top of the struction, of a unified Somali state, more than any- economy - even governments that have power, find situation. thing else. I think that is what worries those against it enormously difficult to control the economy. In IRIN: In terms of reconciliation, why no successful the [Djibouti-hosted Somali peace talks] Arta out- our case, we didn’t have civil servants, or records. dialogue yet with Puntland and Somaliland? come, whether they are from our neighbouring So, there was no possibility of looking back and Prime Minister Galayhd: In the case of Puntland countries, or anyone else outside this framework. examining the old policies... and formulating and and Somaliland, their problems are a bit more com- The institutions that have been created - the calibrating policies appropriate for the time. We plicated than those of the gentlemen [faction lead- interim constitution, the parliament, particularly did not have the resources - whether in terms of ers] who are in Mogadishu, and who are now part of the parliament... is the single most important insti- government officials or data collection - or eco- the Ethiopian-supported SRRC. Puntland and tution now in place. I think it is the symbol of this nomic management systems. As none of these were Somaliland are admininistrative entities which we process. In terms of shortcomings, it’s that we... in place, we had no pretensions to say this or that realise were created with some good reasons. In the have not been able to engage those who are outside will her vote count? should be done. We waited - and I think today we case of Puntland, the idea was an attempt to man- the Arta process. This is our single most important are in the position to carry on and collect taxes, age its own affairs until a central government was area in which we feel we have not accomplished as and monitor fiscal policies and macroeconomic formed. A central government is in place now, and much as we should have done. But at the same policies. That’s why we want to seek the advice of the majority of people in the north-east are very time, I’d like to add that we have tried from our the IMF, the World Bank and the UNDP. Hopefully, much supportive of the TNG. They are against what side, and we have directly contacted the three gen- we can benefit from the knowledge of post-conflict Mr Yusuf [Colonel Abdullahi Yusuf, president of tlemen who are with us in Mogadishu [faction lead- ACCORD have trained over 16,000 people situations in places like Liberia, Sierra Leone, Puntland] is trying to do, which is to extend his ers Husayn Aydid, Musa Sude Yalahow, and Usman Bosnia and East Timor. term of office. In the case of the north-west, again, Ato] and indirectly have been in touch with both Mr IRIN: Let’s put that in the context of what has hap- we know there were some good reasons why that Yusuf and Mr Egal... but we realise that is where from numerous African countries over the past pened in Mogadishu over the last couple of days - entity was created - there have been a lot of griev- our greatest shortcoming is. where there has been the bloodiest battle Somalia ances on the part of that particular territory. But decade. This includes some 4,000 South African has seen for some years. Do you think people are nonetheless, the territory is not homogenous, and Endnotes losing hope in the TNG? most people feel there is no consensus in terms of Prime Minister Galayhd: I think the Somali people what is to be done from here on. [Somaliland’s election monitors trained in 1994 and over 2000 * This item was sourced from the 'africa-english' service of the - or at least those in Mogadishu - have been very President Muhammad Ibrahim] Egal’s idea of hold- UN's IRIN humanitarian information unit, but may not neces- hardened by their experiences over the last 10 ing a referendum or a plebiscite on the new consti- sarily reflect the views of the United Nations. Nigerian election monitors trained in 1999 years. In a city of about two million people, and tution [on 31 May], I’m afraid to say might lead to Copyright (c) UN Office for the Coordination of Humanitarian where there are very heavily armed militias and destabilisation and violence. We fear Egal might Affairs 2001 individuals, it is to be expected that every once in ultimately be the loser himself. IRIN-HOA: Tel: +254 2 622147 a while there will be unexpected incidents of vio- IRIN: But if there is a majority vote for indepen- Fax: +254 2 622129 lence. The TNG has been pursuing a policy of use dence in Somaliland, will that be significant? e-mail:[email protected] of non-violence and peaceful constructive dia- Prime Minister Galayhd: No, not in the least.

Training 20 21 INTERVIEW FEATURE

Training 20 21 RWANDA MARCO LONGARI/AFP ACCORD’s Constitutional Unit is poised to become involved in a number of constitution writing processes on the continent

RWANDA BY PAUL NANTULYA

to confront the Rwandan constitution making cial envoy to the Great Lakes region; Ambassador Rwandan President Paul process: the question of inclusivity; mechanisms to Ibrahim Gambari, special advisor to the UN secre- (L) queues together with address past imbalances; justice and reconcilia- tary-general on conflicts in Africa; Mr David voters of the Kibaza tion; social rights as distinct from political rights; Malone, president of the International Peace polling station in Kigali and the issue of minorities. The judge pledged the Academy; and Professor Mona Makram Ebeid, for- t the invitation of the Rwanda Constitutional Rights Commission; and representatives from the support of the South African Constitutional Court, mer member of the Egyptian parliament and pro- Commission, a delegation from ACCORD Constitutional Commission itself. The aim of the and extended an invitation to the president of the fessor of political science at the American visited Rwanda from 30 April - 2 May, consultations was to familiarise ACCORD with the Rwanda Constitutional Commission to visit South University in Cairo. A 2001. The visit was conducted under the plans and needs of the constitutional commission, Africa as a follow-up to the consultations. The programme will also assist the Constitution auspices of ACCORD’s Constitutionalism in Africa in order to determine how best to apply ACCORD’s ACCORD’s Constitutionalism in Africa of Kenya Review Commission and the Somali Programme. Accompanying the delegation was expert assistance to the commission’s work. The Programme was established through the support of Constitutional Working Group later this year. Justice Pius Langa, deputy president of the South meetings also provided an opportunity to develop an expert panel of constitutional advisors, who African Constitutional Court. ACCORD was repre- some insights into the political and constitutional have provided conceptual and technical support to sented by its executive director, Mr Vasu Gounden, dynamics in Rwanda. Views on South Africa’s (as constitution-making and reform processes through- Endnotes and Mr Jerome Sachane, director of Mediation well as other countries) constitutional experiences out the continent. The panel is co-chaired by Services. A series of consultative meetings were were exchanged, in order to draw unique insights - Professor Jakes Gerwel, former director-general in conducted with various organs and stakeholders, their relevance to the Rwandan situation was also the Office of President Mandela; and Ambassador * Paul Nantulya is the Senior Programme Officer in including the president of the Supreme Court; the examined. Justice Pius Langa delivered a presen- Francis Deng, UN special advisor on displaced Constitutionalism at ACCORD. Chief Justice; the National Unity and tation on South Africa’s constitutional development persons. Other representatives include Reconciliation Commission; the National Human and mentioned some themes which are also likely Ambassador Mohammed Sahnoun, former UN spe-

22 23 RWANDA MARCO LONGARI/AFP ACCORD’s Constitutional Unit is poised to become involved in a number of constitution writing processes on the continent

RWANDA BY PAUL NANTULYA

22 23 SALIM HENRY/AFP ZAMBIA SALIM HENRY

Unpacking the Zambian /AFP third term debate

ZAMBIA BY CLIVE NAPIER AND HENDRICK MASEMOLA

ambia became an independent republic on In 1994, the Mwanakatwe Constitutional term should be limited to two, five-year terms Edith Nawakwi, reported that it was ‘clear that the 24 October 1964, and immediately adopted Review Commission was appointed by President (Clause (35)(1)(2)). The relevant clause stated that president is determined and has resolved to amend Opponents to a presidential form of constitutional rule. Chiluba to, in his words, ‘write a constitution for the ‘...every president shall hold office for a period of the constitution.’ Zambia President Z Kenneth Kaunda became the first person to country that would stand the test of time’ and which five years’ and ‘notwithstanding anything to the The sanctioning of a public debate on the issue Frederick Chiluba hold the post of president, and on 13 December should be adopted through a Constituent Assembly. contrary contained in this constitution or any other resulted in a number of divisions within Zambian flee tear gas in Lusaka as police and 1972, he signed into law a constitution which pro- The Mwanakatwe Report was released in June of law no person who has twice been elected as presi- society, as well as in the MMD. Of the five demonstrators clash vided for a single party form of rule, thus prohibit- 1995. Only 29% of the recommendations included dent shall be eligible for re-election to that office.’ provinces which had held party conferences by after prominent ing opposition parties from campaigning for office in the report were accepted by the government. The Constitution of Zambia Amendment Act of early March 2001, Lusaka Province resolved not to opponents of Chiluba against his United National Independence Additional clauses were included in the constitu- 1996 became law on 28 May 1996, and included support the amendment of the Zambian were barred from Party (UNIP). tional draft. One of the clauses provided for the all these clauses. Constitution in order to allow President Chiluba a holding a rally In 1991, after serving for 26 years as head of exclusion from political participation, thousands of Until October 2000, President Chiluba indi- third term in office. MMD members in the copper- against his possible state and government, President Kaunda was Zambians who had one or both their parents born cated that he intended on retiring at the end of his belt region further to the north opposed the deci- re-elections. defeated in a multi-party election. Fredrick outside the country. Another clause also provided second term in October 2001. Since then, he has sion, as well as Lusaka members, and staged a Chiluba, former trade unionist and member of the for the disenfranchisement of chiefs. This clause reversed his position and has sanctioned a public protest by carrying a coffin and placards that newly formed Movement for Multiparty Democracy was aimed at excluding former President Kenneth debate to amend the Zambian Constitution in order denounced the decision. MMD members of parlia- (MMD), succeeded him. The Zambian Constitution Kaunda from contesting the 1996 presidential elec- to provide for this. In April 2001, President ment from the Northern and Southern provinces was once again amended to provide for multi-party tion, as well as Chief Inyambo Yeta, who was then Chiluba announced that he was determined to fight were suspended from the party because they elections. In 1996, President Chiluba won a sec- vice-president of the opposition UNIP. on and win the battle against those opposed to a opposed a third term. ond, five-year term in office. Another clause stipulated that the presidential third term. Also in April 2001, labour minister, Similarly, the secretary-general of the Catholic

24 25 SALIM HENRY/AFP ZAMBIA SALIM HENRY

Unpacking the Zambian /AFP third term debate

ZAMBIA BY CLIVE NAPIER AND HENDRICK MASEMOLA

24 25 ZAMBIA ZAMBIA

Church in Zambia, Father Ignatius Mwebe, stated to amend the party constitution, allowing President SALIM HENRY/AFP that ‘the church leadership is totally opposed to Chiluba to serve more than two terms as party calls for President Chiluba to go for a third term leader. No less than 80% of those attending the because the move is unconstitutional and undemo- convention voted in favour of the amendment, cratic.’ Moreover, religious leaders who had which exceeded the two thirds required to amend attempted to discuss the third term issue with the the party constitution. As the re-nominated party president, were only granted access to a deputy leader, President Chiluba would have been eligible minister, and believed they were treated in that to stand for re-election as a presidential candidate manner because of their stand on the issue. in the elections planned to be held during the last Likewise, Samuel Malafulafu, acting president quarter of 2001. of the Foundation for Democratic Process In addition to events that preceded the party (FODEP), believed that a dangerous precedent convention, the convention itself was marred by would be set by allowing President Chiluba to violence and accusations of impropriety. Media stand for a third term. Opposition political parties reports alleged that several opponents of President also vowed to take legal action in order to block a Chiluba were physically assaulted by fellow party third term for the president. The Law Association members outside the convention venue. Opponents of Zambia (LAZ) also opposed a third term, as well of a third term boycotted the convention, alleging it as a number of President Chiluba's own ministers. had been called in violation of party rules and that During the recent Lusaka Convention, some minis- security was inadequate. Prior to the convention, ters refused to wear clothing which had a call for a opponents of a third term launched a legal chal- third term inscribed on them. lenge in an attempt to prevent the MMD from hold- On 21 March 2001, a fourth cabinet minister, ing the event. They maintained that proposed William Harrington (minister for tourism), was amendments to the party constitution were sup- relieved of his position because, it was believed, he posed to have been communicated to members had publicly opposed a third term for the president. three months prior to the commencement of a party Earlier in the year, the minister for local govern- convention. This challenge was rejected by a high ment, Ackson Sejani; deputy minister of home court judge. The Lusaka High Court also ruled that affairs, Edwin Hatembo; and minister of the a MMD resolution to exclude from the party, more Eastern Province, Solomon Mbuzi, were all than 200 members who had boycotted the conven- relieved from their positions, apparently for the tion, was ultra vires. The group included the vice- same reason. Some believed that President Chiluba president of Zambia, Christon Tembo; MMD party was forming an elite around him - which included vice-president, Godfrey Miyanda; 10 cabinet min- district administrators and MMD officials - in order isters; and about 60 lawmakers. to further his third term ambitions. The next step in implementing the decision of The Public Interest Foundation (PIFO) the convention, would have been to draft an believed a referendum should have been held to amendment to the constitution and have it consider an extension of President Chiluba’s term approved by the National Assembly before it could he would not seek a third term in office. He contest the election. For President Chiluba to Protesters march in Lusaka of office, as well as the inclusion of traditional be enacted as legislation. The approval by the declared that he would form a new government, and emerge as a respected statesman, he could - in the after the chairperson of leaders in public affairs and guarantees for press National Assembly would have also been a divisive that he would become an ordinary citizen when his run-up to the election and beyond - play a mediat- Movement for Multi-party freedom. The PIFO also believed the referendum issue, with opposition from within the ruling party, term in office expired. ing role by attempting to reconcile different con- Democracy (MMD), should have delved into the issue of whether or not as well as opposition parties, strongly opposing the Had President Chiluba continued to insist on stituencies, thereby ensuring the election is con- Dawson Lupunga, was expelled from the party. a mechanism should have been put in place to amendment. In addition, the election campaign serving a third term, it would have remained a divi- ducted freely and fairly. By adopting a mediatory Clashes broke out recall members of parliament and councillors who later in the year would also have been a deeply sive decision until (and after) the presidential elec- role, he could also publicly support the winning between protesters and had not performed. divisive issue, with President Chiluba coming tion. However, the forthcoming presidential elec- candidate. Divisions over the issue of the presi- police in downtown Opposition to a third presidential term under personal attack from his opponents. If a con- tion could still be a divisive issue, despite dency run deep within Zambian society, and could Lusaka, where thousands embarked upon a whistle and hooting campaign stitutional amendment was approved, a number of President Chiluba's decision to withdraw his can- affect the long-term stability and prosperity of the gathered to rally against within various parts of the country in order to make parliamentarians and ordinary MMD party mem- didacy. An issue which could divide the country country. President Chiluba could still play an President Frederick themselves heard. This resulted in police clamp bers could have aligned themselves with the oppo- involves the presidential candidates who might important role in healing these divisions. Chiluba's possible downs. Students from the University of Zambia also sition United Party for National Development enter the field. If President Chiluba endorses a par- Endnote re-election declared that they would make the country (UPND), or the Zambian Republican Party (ZRP). ticular candidate, this might be seen as an attempt ungovernable, as long as President Chiluba contin- Events took a new turn on the evening of 4 May to continue ruling through a surrogate leader. Also, * Clive Napier and Hendrick Masemola lectures in the ued to seek a third term in office. 2001, with President Chiluba again reversing his ethnic considerations may come to the fore if a Department of Political Sciences at the University of South On 30 April 2001, a MMD convention decided position by announcing, on national television, that number of candidates from different backgrounds Africa

26 27 ZAMBIA ZAMBIA

26 27 ABDELHAK SENNA/AFP

Tracking the move African Unity to the establishment of the African Union

AFRICAN UNION BY MARTHA BAKWESEGHA from

ince its establishment in 1963, the role and was considered to be farfetched and impossible for function of the Organisation of African Unity Africa to achieve. With this in mind, the idea of (OAU) have remained the same: to promote unity appeared to be more realistic and convenient, Sunity and solidarity among Africa’s people. especially since unity was what Africa needed The OAU’s original aim was to defend and respect most during her fight for liberation. Consequently, the sovereignty and territorial integrity of member the founding fathers ratified and implemented the states, and to liberate all those who were still under OAU charter. colonial rule. Its objective was also to promote To achieve the principles and objectives set international corporation. Provision of a better life forth in the charter, the member states vowed to for Africa’s people was made the OAU’s number commit themselves to political, social and eco- one priority. The settlement of disputes with the nomic cooperation in order to pave a collective path use of ‘negotiation, mediation, conciliation and towards an integrated continent. The accomplish- arbitration’ was the OAU’s strategic focus for con- ments of the OAU were to come about through the flict resolution and management during the early various institutions that were established within the years. OAU charter. The existing OAU structures include The vision held by the founding fathers of the the Assembly of Heads of State and Government; OAU was one of a union. However, at the time, this the Council of Ministers; the General Secretariat;

A poster with a slogan for ‘African Unity’ is displayed in Libya on the eve of 28 the OAU summit. 29 ABDELHAK SENNA/AFP ABDELHAK SENNA/AFP

Tracking the move African Unity to the establishment of the African Union

AFRICAN UNION BY MARTHA BAKWESEGHA from

A poster with a slogan for ‘African Unity’ is displayed in Libya on the eve of 28 the OAU summit. 29 ABDELHAK SENNA/AFP AFRICAN UNION AFRICAN UNION

and the Mechanism for Conflict Prevention, political cooperation. In turn, it is hoped that these ABDELHAK SENNA/AFP Management and Resolution (MCMPR). changes will unify Africa’s people in order that The OAU has been in existence for 38 years. they may face the challenges posed by globalisa- Through the years, it has made genuine contribu- tion. The heads of state and government of the tions on the continent, especially in bringing to an OAU have felt a need for things to move faster end the anti-colonial struggles of the 1960s. towards greater cohesion, cooperation and integra- Understandably, it has had its setbacks, especially tion, especially concerning issues that are gravely in terms of fostering peace and security, as well as affecting the continent. the integration of African economies. However, With the current restructuring process, the per- credit must be given to the OAU for the key role it tinent question is: what institutional structures will played in ending colonialism and apartheid. exist within the union for conflict prevention, man- Indeed, the establishment of the OAU was a his- agement and resolution? toric moment for Africa, particularly since it came The OAU conflict mechanism was an arrange- about during a period of unrest. At that time, it was ment that the OAU took over from the Ad-hoc believed that any future obstacles on the continent Commissions. It was established in 1993, and was would be targeted and removed through the unifi- geared towards preventing tense situations from cation of Africa’s people. It was this positive out- erupting into violence. It also had peace-making look that enabled the continent’s leaders to solve and peacebuilding functions. With both interstate some of the conflicts of that time - conflicts that and intra-state conflicts ravaging the continent, now seem unsolvable. It could be argued that Pan- what is needed most is a mechanism to ensure the Africanism, at the time, was the driving force management of conflicts which would, in turn, behind the success of the OAU. ensure durable peace, security and development. endure. A gap continues to exist between the ereignty and independence of its member states. Today, many feel the need for change. The need This mechanism would be expected to respond nature of conflicts - which are becoming more Also, it is calling for the equal participation of all, The opening ceremony of the extraordinary session for change should not be interpreted as a failure on effectively and speedily to conflict situations vicious and complex - and Africa’s capacity to particularly women and members of civil society. of the heads of member the part of the OAU. Rather, the new realities that throughout the continent. The success of this manage these conflicts. The structures created within the AU will con- states of the Orginisation we now face in the aftermath of the Cold War, have mechanism would not only be determined by how At the fourth Extraordinary OAU summit, sist of the following institutions or organs: the of African Unity (OAU) revealed that the original mission of the OAU - that many conflicts it resolved, but also by the organisa- African leaders took a step towards unity by build- Assembly; the Executive Council; the Pan-African in MArch 2001. The of liberation - has been fulfilled. However, conflict tion and synergy within its structure, as well as how ing an alliance between civil society and govern- Parliament; the Court of Justice; the Commission; Summit considered the containment remains a formidable challenge. The much time, effort and energy was exerted in terms ment. A declaration, pertaining to the creation of the Permanent Representatives Committee; AU which was adopted OAU’s current framework for crisis management of trying to handle the conflicts. This mechanism the AU, was formulated - it is based on the OAU Specialised Technical Committees; and the by the 36th OAU summit does not adequately address the complex crises we appears to be a better-planned one, especially charter and the treaty that established the AEC. In Economic, Social and Cultural Council. in July 2000 are faced with today. Non-interference in the inter- compared to the previous structures that were in July 2000, during the 36th OAU summit in Togo, Conflicts have permeated the lives of Africa’s nal affairs of African states (as indicated in the place prior to 1993. For example, the Commission the Constitutive Act of the AU was adopted. It has people for generations and they should be put at charter), together with absolute sovereignty, are of Mediation, Conciliation and Arbitration, which been ratified by the required two-thirds majority of the centre stage of the AU. Conflicts in one country merely academic ideals - they are not realistic for only addressed interstate conflicts. member states. What is left, at this stage, is for the tend to spread to neighbouring countries, affecting the times we live in. With the birth of the African Some believe that there has been a lack of civil Constitutive Act to be implemented, which is sub-regional solidarity which, in turn, undermines Union (AU), we are seeing a new structure being and grassroots involvement within the OAU. The scheduled to take place in July 2001, in Lusaka - continental progress. African states are poorly pre- created to carry on addressing the current needs of establishment of the AU is designed to increase the this event will proclaim the birth of the AU. The pared to manage these conflicts. Structures for the Africa’s people. It is hoped that this will bring sense of civil society involvement. A more ‘inward Constitutive Act will replace the OAU charter management of these conflicts are either non-exis- about a qualitatively higher degree of political looking’ approach, in terms of alliance and consen- within a transitional period of one year. It should tent, inadequate or lack the required material and cooperation, economic integration and social cohe- sus-building among all of Africa’s people, is what also be noted that the ratification of the logistical resources. One of the union’s aims is to sion, by filling in the gaps and tackling issues from is needed on the continent today. Constitutive Act has set a record of its own - it is take control of these conflicts by working together a central focus point. the first OAU instrument to be ratified by member within the structures established, in order to come The OAU was created by way of a recommen- The AU and the organs within it? states, and entered into force, within such a short up with viable solutions to the problems relating to dation within the Abuja Treaty. Its creation was The Abuja Treaty was endorsed in September period of time. peace, security and stability in Africa. recommended because the integration process 1999, when it was decided by the OAU member It is envisioned that the AU will tackle the The transition process will be carried out in two envisaged in the African Economic Community states to form the AU and a Pan African Parliament challenges facing the continent by way of mobilis- phases: the first one being the consultative status (AEC) Treaty was moving too slowly. The Abuja (PAP). The creation of the AU was not a new idea. ing the masses, and by using the continent’s phase. It will commence in January 2002, and will Treaty - established in June 1991 by OAU member The founding fathers of the OAU envisioned a con- resources to improve the current conditions. The include five members from each 53-member states. states - wished to create the AEC ‘in order to foster tinent united in solidarity and they set out to pave structures within the AU - namely, the PAP - have It will draw up strategies for dealing with the inte- the economic, social and cultural integration’ of the the way by laying down the foundation for this been constructed so as to achieve a qualitatively gration process. The second phase will be direct continent. It is hoped that the union will bring with vision. Given the conflicts ravaging the continent higher degree of unity and solidarity on the conti- election, which will come into force five years after it higher social cohesion, economic integration and today, it is clear that economic development cannot nent. It hopes to achieve this by defending the sov- 2002. This process will involve PAP members

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being directly elected. It will call for the participa- nationals from each member state. It was further past. Its foundation has been set well. However, its tion of civil society, and will emphasise the need agreed that each team of five would consist of at ability to act accordingly needs to be re-examined. for at least one member of the team to be a woman. least one female. These representatives shall be The principle of ‘non-interference in the internal Elections will take place during each parliamen- voted in by their respective countries, in line with affairs of states’, as well as that of ‘absolute sover- tary member’s last year of office. the electoral laws within their state. Among other eignty’, need to be revisited. things, the PAP’s role will be to strengthen civil It is envisaged that the MCPMR will continue PAP and MCPMR society’s participation by giving them a voice when to exist within the AU. However, it will be The AU Treaty will come into force in Lusaka it comes to decision-making. expanded in order to encourage more civil society in July 2001. The process of transition will begin at The main concern has been the status of the involvement. We have already seen this take shape this time. The OAU institutions will take one year current MCPMR, and what its equivalent will be during the recent conference on building partner- to dissolve. There will be many activities during once the AU has been formed - although this is not ships between the OAU and the civil society (the the transitional period. For example, the transfer of fully reflected in the Constitutive Act. conference took place in June 2001). assets and liabilities; launching the organs; draft- The ‘OAU Peace Fund’ was established in order Africa cannot improve its development within ing rules of procedure; determining the structure to provide the financial resources needed to support the conflict environment that we are seeing today. and functions of the commission (replacement of the OAU’s conflict management operations. In gen- Consequently, a mechanism is needed to effectively secretariat); reorienting the budget and pro- eral, the mechanism will remain the same, and will handle conflicts by creating an atmosphere viable grammes; and so on. Many more questions are yet continue to receive funding from multilateral organ- enough for better growth and development. Thus, a to be answered. For example, are the logos, flags isations. A few developments within the mechanism grassroots-based framework, that focuses on the and emblems to remain the same? What is to be include the establishment of an Early Warning important areas of conflict prevention, management done with regard to the popularisation of the AU? System in 1995, and a Conflict Management Centre and resolution, is an absolute requirement if peace Girls majorettes go through their paces What will be the venue for the PAP? in 1998. Its successes include mediating peace in and security are to prevail on the continent. before the start of the One of the most important organs of the union the Congo (Brazzaville) in 1993; the deployment of Conclusion annual Orginisation of is the PAP. The PAP may be viewed as the political an observer mission to Rwanda in 1994; and assist- African Unity summit in arm of the union. It is the operational arm, which ing in the restoration of peace and mutual confi- All in all, the road towards greater cohesion, Togo July 10 2000 under ensures that the implementation of decisions dence between the opposition and government in integration and security is not an easy one, but a the watchful gaze of agreed upon by the two-thirds majority in parlia- the Comoros. However ineffective this mechanism long journey must always begin with one step. The African leaders depicted ment, is carried out by the secretariat. The parlia- may seem to be, compared to mechanisms in the issues we are facing are complex, and if they are Ongoing monitoring of all conflict situations across on billboards. The slogan ment is the unit that will work towards the eco- past, it is far more active in preventing, managing not handled in the correct way, they may bring fur- reads “Long life for the nomic, political and social integration of the conti- and resolving conflicts. ther complications. For Africa to remain relevant Africa is undertaken on a daily basis to generate OAU heads of state.” The nent. The PAP shall represent all of Africa’s peo- On the other hand, some critics of the mecha- during the twenty-first century, it is important that 2000 OAU summit ple. Member states agreed that representation nism have alleged that it has failed to provide a we include everyone in our struggle for peace, adopted the AU project ACCORD's Conflict Watch and Renaissance within the PAP would consist of five elected speedy response to some conflict situations in the security, stability and economic development. Furthermore, the Constitutive Act must be con- Barometer reports. Indepth situation reports are also cretised in order to fully address the questions of peace and security. The AU will not go far without complied in response to the requirements of REUTERS recognising sovereignty; by moving away from its rigid and absolute sovereignty to responsible sov- ACCORD's directorate. The Preventative Action ereignty, which in this context means government commitment to the protection of the rights of all its citizens. Governments, however powerful, cannot Programme analyses the information gathered on carry the burden of solving conflicts alone - it is essential that civil society participate in this each of the SADC countries on monthly basis as part process, too. Everyone needs to be called on to play his or her role. What shape the union will of ACCORD’s conflict update series. These country take, is yet to be seen. However, one thing is certain - there are enough problems for it to tackle. reports cover conflict indicators and occurrences in

Endnotes the region and serve as a basis for developing intervention strategies. * Martha Bakwesegha is currently an intern at ACCORD.

32 33 Taking Preventive Action AFRICAN UNION turning information intoFEATURE action

Endnotes the region and serve as a basis for developing intervention strategies. * Martha Bakwesegha is currently an intern at ACCORD.

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WATER DISPUTES

of a number of elements in the foreign policy of between the two countries, and one which is states. Other aspects include trade, disease con- upheld by South Africa as the most legal principle trol, crime and disaster relief, to name but a few. It defining the frontier. For instance, during the first is, therefore, important that scholars and practi- round of negotiations between the former National A look at the water-related tioners who are engaged in the water wars debate, Party government of South Africa and Namibia on include the overall foreign relations between con- 14 March 1991, South Africa took the stance of the border disagreement between flicting states sharing international river basins. 1 July 1890 agreement between Britain and What is the nature of the disagreement between Germany. Nonetheless, during the second round of South Africa and Namibia. Namibia and South Africa? The Orange River bor- negotiations, the two countries agreed that the mid- der disagreement has been on the cards now since dle of the river, or the thalweg, should define the 1990. During the run-up to Namibia’s indepen- border between the two countries. A Joint dence, it was agreed that the border between the Technical Commission (JTC) was appointed to two countries would be changed from the northern investigate the border’s stipulation. The JTC pro- WATER DISPUTES BY RICHARD MEISSNER bank to the middle of the river. Nonetheless, for the duced a conceptual agreement and presented it to past 11 years, this change has not yet been incor- the two states. The only outstanding matter was the porated, although Namibia’s constitution emphati- border’s stipulation, which was, in effect, a techni- cally states that the border should be in the middle cal matter to be resolved. Both states agreed to the of the river. This stance is contained in Article 1 conceptual agreement. In effect, a gentleman’s (4) of Namibia’s constitution, which states that: agreement existed between the two states, although Namibia did not indicate its stance on the agree- drawing the ‘The national territory of Namibia shall consist ment at that time. It seems, therefore, that the pre- of the whole territory recognised by the interna- vious government of South Africa and Namibia had tional community through the organs of the laid down the border’s specifications. United Nations as Namibia, including the In early 2001, the South African government enclave, harbour and port of Walvis Bay, as informed Namibia that the colonial borders of well as the offshore islands of Namibia, and its Africa should not be tampered with. This stance southern boundary shall extent to the middle of was in line with the obligations set forth by the the Orange River.’ Organisation of African Unity (OAU). According to South Africa, the boundary was set and could not This is the view and legal institution that stipulates be changed. South Africa upholds the principle of Namibia’s border with South Africa, as well as the uti possidetis with respect to African pre-colonial rest of the international community as a whole. borders, as set out by the OAU in a resolution After 1994, when the African National Congress adopted in July 1964. This resolution states that (ANC) took power in South Africa, there was a existing borders are ‘set in stone’ and cannot be he water wars debate has been raging growth; urbanisation; and the most controversial of ‘gentleman’s agreement’ that the border would be changed. In the resolution’s preamble, the view within the academic and diplomatic world for all, global climate change. These mercurial ele- regarded as being in the middle of the river. maintained was that the borders of African states, about 16 years. Many scholars and practi- ments in the management of water - especially the However, no formal agreement has been reached on the day of their independence, ‘constituted a Ttioners are convinced that water will, in the water resources found in international river basins - between the two states regarding the matter. tangible reality’ and that border problems ‘consti- future, lead to violent conflict in many parts of the have led many academics and diplomats to believe South Africa, on the other hand, takes the posi- tuted a grave and permanent factor of dissension’. world. Regions that are pronounced to develop that water wars are imminent. tion that the border has already been established. In addition, South Africa stated that if the border ‘water wars’ include the Middle East and southern Yet, one factor which is sometimes not worked This is contained in an agreement, signed in Berlin between the two countries should be changed, it Africa. These two regions form part of some of the into the equation, can turn the water war debate between Britain and Germany, on 1 July 1890. The could create a dangerous precedent with respect to driest places on the face of the earth, with much of around and give an indication of the level and agreement states that: land claims from other neighbouring states, most the Middle East being desert or semi-desert. In intensity of cooperation when it comes to the man- notably Lesotho. southern Africa, the Namib desert is one of the agement and sharing of international water ‘In South-west Africa, the sphere in which the This announcement by South Africa came as a most inhospitable places. Many of the countries in courses. This factor entails the foreign relations exercise of influence is reserved to Germany is big surprise to Namibia. In fact, according to the these regions are also classified as water stress or between states. bounded - to the south by a line commencing at Namibian foreign affairs minister, Theo Ben water scarce, with Namibia being the driest coun- Consequently, the purpose of this essay is to the mouth of the Orange River and ascending Guirrab, a number of formal agreements had been try in southern Africa, followed by Botswana and shed some light on the water wars debate. This will the north bank of that river to the point of its reached with South Africa, and negotiating teams South Africa. be done by studying the Orange River, and by intersection by 20th degree of east longitude.’ from both sides had held discussions on the Compounding the situation are a number of fac- analysing the current border disagreement between Orange River border issue. tors which could lead to more water being used by Namibia and South Africa, vis-a-vis the foreign Although more than 110 years old, this is an addi- Consequently, it is a difference of opinion these countries. These factors include population relations between the two states. Water is only one tional legal principle that defines the border between South Africa and Namibia, that is driving

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the border issue. For South Africa, the OAU charter about such use. ness, and the sharing of water is done on the basis sense of states going to war over water, is unlikely is the policy instrument by which the matter should For South Africa, the Orange River mouth of an agreement between the two countries. to occur between South Africa and Namibia vis-a- be resolved. For Namibia, the national constitution holds lucrative mineral prospects, especially dia- Another point to consider in the relations vis the Orange River. An Orange/Senqu River is the only way to go about negotiating a resolution. monds. The offshore diamond concessions are between South Africa and Namibia is the fact that Commission was recently established between the This can give a clear indication of how countries are directly involved in the disagreement. The reason both countries are members of the Southern four riparian states in the Orange River basin - influenced by national, as well as international, for this, is that if the border between South Africa African Customs Union (SACU). This functional, Botswana, Lesotho, Namibia and South Africa. principles and obligations with regard to how they and Namibia cannot be secured, the 200 nautical economic organisation is paramount when it comes This has the potential of bringing South Africa and conduct their foreign affairs. Both states are, it mile sea boundary is also not defined. This can to the economic and trade arrangements between Namibia closer to an agreement on the border seems, arguing from a national interest stance, with have an impact on the exploitation of marine the two states. For instance, with Namibia’s plans issues. Other factors that could have a positive one trying to gain territorial integrity, and the other resources by the two states. Both states have, to produce and export dates to foreign markets, influence on closer cooperation include the grass- wanting to protect its integrity. therefore, not only incompatible national and inter- South Africa can become a lucrative market, which roots contact between irrigation farmers in the Namibia has a number of interests with respect national principles to uphold, but interests in the could be facilitated by the SACU. lower Orange River, the economic cooperation to the waters of the Orange River. It is currently resources, directly and indirectly proportional to One of the issues that has, however, put a between the two states via the SACU, and the looking at the feasibility of constructing a new dam the Orange River, could also play a role. damper on the relations between South Africa and recent cooperative endeavours between the MPLA in the lower part of the Orange River in order to What is the nature and extent of the foreign Namibia, is the civil war in the Democratic and UNITA. Also, the recent developments regard- ensure a more sustainable and stable water supply relations between these two neighbours? The for- Republic of Congo (DRC), and Namibia’s subse- ing the DRC conflict, especially the involvement of for irrigation needs. One of the most promising and eign relations between the present governments quent foreign engagement in that conflict. Namibia peacekeeping troops from South Africa, could also lucrative prospects for harnessing the waters of the dates back to the regional apartheid policy of the has committed troops to the DRC conflict to sup- have a positive impact on the border issue. river is the production of dates. Plans are underway previous National Party (NP) governments of South port the Kabila government against rebels from Consequently, it seems the Orange River border to start the development and production of dates Africa. During South Africa’s involvement in the Burundi and Uganda. South Africa, on the other issue is more a case of enhancing territorial not only in the Orange River vicinity, but also in Angola civil war, and the colonisation of Namibia, hand, is working hard at bringing an end to the war integrity, and the securing thereof by the two par- other parts of southern Namibia. A new dam on the the ANC and the South West African People’s through peaceful means. In its efforts to stop the ties, than it is of utilising water resources. Orange River could have a positive impact on the Organisation (SWAPO) were like ‘brothers in conflict, South Africa, as well as other countries in production of this foodstuff. Namibia is particu- arms’. This relationship was fostered after Namibia the region, has committed much diplomatic energy Endnote larly targeting the export market, with destinations gained independence and the ANC was elected in to encourage other countries - including Namibia - as far as Europe and the Middle East. On the 1994. Consequently, it is assumed that the good to remove their troops from the DRC. A substantial * Richard Meissner is a Research Associate for the African European market, a kilogram of dates could fetch relations between the two organisations was carried level of human resources has also be poured into Water Issues Research Unit at the Centre for International between R30 to R60, with 10,000 tons expected to over when both became separate rulers of the two the conflict, in the form of peacekeeping troops Political Studies References be exported to this region alone. Consequently, it is states. from South Africa and other countries, under the between the Organisation of African Unity and the United Andemichael, B. (1976). The OAU and the UN: Relations imperative for Namibia to resolve the border issue, Also, at a grassroots level, there is considerable auspices of the United Nations (UN). With Namibia Nations for if an agreement is not reached, the foreign date cooperation between the citizens of the two coun- committing troops to the DRC, and South Africa Light. . New York: Africana Publishing Company. markets may dry up. Yet, according to the South tries a the utilisation of the Orange River. At committed to troop withdrawals and an end to the Business Day, 22 August 2000. SADC Water Deal Gets Green African government, the border issue will not Vioolsdrif, for instance, water is used by farmers on civil war, some tension has been created because of Border Decision. impact negatively on Namibia’s utilisation of the both sides of the river for irrigation purposes. This incompatible stances with regard to the DRC issue. Business Day, 20 November 2000. Namibia Unaware of river’s waters, as South Africa would not complain utilisation is done in a spirit of good neighbourli- Yet, it seems as if the recent contact between UNITA and the MPLA - along with peacekeeping Agreement between Great Britain and Germany, respecting Zanzibar, Heligoland, and the Spheres of Influence of the two troops to the DRC - could bring about a shift in the Countries in Africa - signed in Berlin on 1 July 1980. British DRC conflict, with a realignment of support from Foreign and State Papers, Vol. 82, 1889-1890. Zimbabwe foreign countries. Southern Africa realpolitik The Constitution of the Republic of Namibia. should be understood within the context of alliance Personal communication with Mr Willie de Groot, from the politics between countries in the SADC region. South African Department of Foreign Affairs, 21 March 2001. Botswana With Namibia supporting the MPLA - which also Uti possedetis adopted by the OAU Assembly, Resolution Namibia Mozambique AHG/Res. 9(1), 21 July 1964. supports Kabila’s efforts in the DRC - and UNITA Meissner,and Cooperation: R. (1999). A WaterComparative as a Source Analysis of Political of the Situation Conflict in covertly supporting the rebels, a future truce the Middle East and Southern Africa Swaziland between the warring factions in Angola could have (Afrikaans). M.A. a positive impact on foreign relations between Dissertation, Department of Political Studies, Johannesburg, SouthFuture Africa: for South. Rand Afrikaans University (RAU). Lesotho countries in southern Africa. This could also spill- The Namibian, 11 March 1999. Dates could Ensure a Sweet The Orange River over into other areas of contention, and may impact positively on the low level strain between South The Namibian, 26 April 1999. Deadlock over Orange River. River Agreement. Africa and Namibia with respect to the DRC con- The Namibia, 12 May 1999. Private Property Rights Delay South Africa flict. In turn, this may open doors for closer rela- Orange River. tions on the issue of the Orange River border. The Namibian, 8 June 2000. Govt. Weighs up a Dam Plan on It seems as if a water war, in the traditional

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