Author: Dr. Antipas Massawe
-- President Peter Mutharika of Malawi is very right when he says the whole North of Lake Malawi belongs to his country (source: Mutharika maintains Lake Malawi ownership non-negotiable: 'No war with Tanzania' Nyasa Times)
It is due to the fact that the boundaries of Tanganyika (now Tanzania) and Malawi which were established by the Helgoland treaty of 1890 show the whole north of the Lake belongs to Malawi, and these are the boundaries communities within Tanganyika and Malawi inherited when they inherited the independence of self-rule from the colonialists who created the two countries.
It means, if Tanzania won't prove otherwise that the map of the Tanganyika which secured the independence of self-rule from colonialists' shows that half of the North of the Lake Malawi belongs to Tanganyika, Malawi will remain the owner of the whole North the lake.
It is the communities who share the shores of Lake Malawi on the Tanzanian side have a valid claim on half of the North of Lake Malawi they shared peacefully with their counterparts on the Malawian side throughout generations before the arrival of colonialists who created Tanganyika and Malawi.
Communities who shared the shores of the Lake within Malawi, Tanganyika and Mozambique throughout generations before the arrival of the colonialist who created these countries are the true shareholders of the lake.
Consequently, the Good thing Tanzania could do is to help the communities who share the shores of the lake on the Tanzanian side to claim their traditional right (through OAU and UN recognized International court) on their traditional share of the Lake they had throughout generations before the arrival of colonialists who created Tanganyika, Malawi and Mozambique.
The International court will consider that the self rules granted to African communities within the countries of Tanganyika, Malawi and Mozambique based on the boundaries created in the Helgoland treaty of 1890 violate the traditional rights of communities of the Tanzanian side of Lake Malawi by denying them their share of the North of the lake they had been sharing with their counterparts on the Malawian side throughout generations before the arrival of colonialists who created Tanganyika, Malawi and Mozambique.
It is only the International court could determine on the claim of communities on the Tanzanian side based on consideration that the granting of self rules to Tanganyika and Malawi should have made correction on the boundaries set by the Helgoland Treaty of 1890 to ensure communities who share shores of the Lake Malawi on the Tanzanian side also get self-rule on their traditional share of the North of the lake they had shared with their counterparts on the Malawian throughout generations before Tanganyika, Malawi and Mozambique were created by Colonialists.
Malawi-Tanzania integration founded search for common ownership solution on the matter is the only way Malawi-Tanzania negotiation could determine on the matter amicably. It is the most sensible approach taking into consideration that throughout generations before the arrival of colonialists who created Malawi and Tanganyika, neigbouring communities around the lake in the now Malawi and Tanganyika/Tanzania used to share the lake as a common resource without any subdividing boundary in place, and that integration means a lot more opportunities for the smaller population of landlocked Malawians.
Otherwise, the matter won't solve through negotiation due to the fact that communities of Malawi and Tanganyika didn't create or involved in the creation of the boundaries of their countries.
It is due to the fact that the boundaries of Tanganyika (now Tanzania) and Malawi which were established by the Helgoland treaty of 1890 show the whole north of the Lake belongs to Malawi, and these are the boundaries communities within Tanganyika and Malawi inherited when they inherited the independence of self-rule from the colonialists who created the two countries.
It means, if Tanzania won't prove otherwise that the map of the Tanganyika which secured the independence of self-rule from colonialists' shows that half of the North of the Lake Malawi belongs to Tanganyika, Malawi will remain the owner of the whole North the lake.
It is the communities who share the shores of Lake Malawi on the Tanzanian side have a valid claim on half of the North of Lake Malawi they shared peacefully with their counterparts on the Malawian side throughout generations before the arrival of colonialists who created Tanganyika and Malawi.
Communities who shared the shores of the Lake within Malawi, Tanganyika and Mozambique throughout generations before the arrival of the colonialist who created these countries are the true shareholders of the lake.
Consequently, the Good thing Tanzania could do is to help the communities who share the shores of the lake on the Tanzanian side to claim their traditional right (through OAU and UN recognized International court) on their traditional share of the Lake they had throughout generations before the arrival of colonialists who created Tanganyika, Malawi and Mozambique.
The International court will consider that the self rules granted to African communities within the countries of Tanganyika, Malawi and Mozambique based on the boundaries created in the Helgoland treaty of 1890 violate the traditional rights of communities of the Tanzanian side of Lake Malawi by denying them their share of the North of the lake they had been sharing with their counterparts on the Malawian side throughout generations before the arrival of colonialists who created Tanganyika, Malawi and Mozambique.
It is only the International court could determine on the claim of communities on the Tanzanian side based on consideration that the granting of self rules to Tanganyika and Malawi should have made correction on the boundaries set by the Helgoland Treaty of 1890 to ensure communities who share shores of the Lake Malawi on the Tanzanian side also get self-rule on their traditional share of the North of the lake they had shared with their counterparts on the Malawian throughout generations before Tanganyika, Malawi and Mozambique were created by Colonialists.
Malawi-Tanzania integration founded search for common ownership solution on the matter is the only way Malawi-Tanzania negotiation could determine on the matter amicably. It is the most sensible approach taking into consideration that throughout generations before the arrival of colonialists who created Malawi and Tanganyika, neigbouring communities around the lake in the now Malawi and Tanganyika/Tanzania used to share the lake as a common resource without any subdividing boundary in place, and that integration means a lot more opportunities for the smaller population of landlocked Malawians.
Otherwise, the matter won't solve through negotiation due to the fact that communities of Malawi and Tanganyika didn't create or involved in the creation of the boundaries of their countries.
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