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UNMEE was established for six months by Security Council resolution 1312 (2000) pursuant to the Algiers Ceasefire Agreement which ended the 1998-2000 Ethiopian-Eritrean border war. Nevertheless, UNMEES’ mandate had been extended further by subsequent Security Council Resolution, to July 31, 2008.
The purpose of this article is not to narrate the whole peace agreement between Eritrea and Ethiopia, but to highlight the issue of UNMEE and also contest Ethiopia’s insistence on the ruse of Dialogue.
ON the issue of UNMEE termination
In April 2002, after 2 years of intensive work, the Eritrea-Ethiopia Boundary Commission handed down its demarcation decision. On September 2003, 17 months later, Ethiopia rejected the EEBC's delimitation decision as "illegal, unjust and irresponsible". Ever since, it continued to reject the EEBC's delimitation decision and refused to allow the physical demarcation of the border.
“Ethiopia is not prepared to allow demarcation to continue in the manner laid down in the demarcation directions and in accordance with the time line set by the Commission. It now insists on prior "dialogue" but has rejected the opportunity for such "dialogue" within the framework of the demarcation process provided by the Commission's proposal to meet with the parties on 22 February. This is the latest in a series of obstructive actions taken since the summer of 2002 and belies the frequently professed acceptance by Ethiopia of the delimitation decision. (EEBC sixteenth report to the United Nations Secretary Council, February 2005) …”
Therefore, it is obvious that under such circumstances the Eritrea-Ethiopia Boundary Commission (EEBC) could not continue indefinitely; thus having delineated and demarcated the border; it was dissolved in November 2007. Therefore, that the UN Security Council officially terminated the mandate of UNMEE on the 30th July 2008 is not a surprise because its resolution 1320 (2000) set out the condition under which UNMEE would come to an end. The completion of the process of delimitation and demarcation of the Eritrea-Ethiopia border will terminate the UN peace keeping mission in Eritrea and Ethiopia (UNMEE).
Therefore, as highlighted above, the EEBC has completed its work of demarcation on 30 November 2007, meaning the specific condition for terminating UNMEE is already met. At this juncture, it is important to note that UNMEE was envisioned to last for two years; nevertheless it has been in its mission for almost eight years.
ON the issue of dialogue
When there is a territorial dispute between neighboring countries, there are procedures that need to be followed. In the UN charter, Article 33 provides such procedures. When Ethiopia declared war on Eritrea on 13th May 1998, the Government of Eritrea put forth proposals on May 14, 1998, ten years ago, to resolve the border dispute peacefully. Nevertheless, Ethiopia did not heed to the Eritrea plea and continued with its declaration of war.
It is to be recalled that Ethiopia was compelled to sign the Algiers Agreement on 12 December 2000 in Algeria, only after its three successive offenses failed and realized that its capacity of launching another offense was weakened. The Eritrea-Ethiopia (1998-2000) border conflict cost the lives of thousands, destroyed property, and displaced tens of thousands. The war was devastating in general, and as a consequence, the road to the peace agreement (Algiers Agreement) was not a smooth one but a culmination of over 2 years of negotiations.
The fact that the Algiers Agreement was witnessed and guaranteed (co-signed) by the AU, EU, UN and US; was welcomed and endorsed by the Security Council suggests that the agreement has satisfied all stakeholders. Indeed, it is the only instrument that could bring the dispute to an end once and for all, thereby ensure enduring peace in the region, because it has virtually addressed all issues of concern to both parties.
Among others, the fundamental tenets of the Algiers agreement include: The final and binding nature of the decision and punitive measures that should be taken against the violating party. In regards to the final and binding nature of the decision it states that “The parties agree that the delimitation and demarcation determinations of the Commission shall be final and binding. Each party shall respect the border so determined, as well as the territorial integrity and sovereignty of the other party” (Article 4.15).
It is worth mentioning here that, recourse was made to legal arbitration, precisely because it was not possible to resolve the dispute through diplomatic means. Hence, the Algiers agreement can not be nullified under any pretext. Ethiopia’s attempt to annul the demarcation decision of the Eritrea-Ethiopia Boundary Commission (EEBC) under the guise of “dialogue” will serve nothing other than waste of time.
Conclusion
The Ethiopia regime, as well as the international community know very well that the Mechanism jointly established by both countries (Eritrea and Ethiopia) to resolve their border dispute has concluded its work in November 2007; thus as far as border issue is concerned there are no legal and political matters left between the two parties that necessitate dialogue. Therefore, peddling the notion of dialogue, at this stage is fruitless.
The witnesses and guarantors of the Algiers peace agreement, the African Union, the United States, the European Union, and the United Nations have obligations to take appropriate punitive measures against the transgressing party, in this case Ethiopia. More importantly, however, it is the mandate of the UN Security Council to ensure the respect of the rule of law. The inviolability of treaties and the integrity of the arbitration decision should not be compromised. Therefore, the guarantors in general and the UN in particular should not evade their responsibility. They are part and parcel of the whole process. The Eritrea and Ethiopia border issue has virtually involved the entire world; thus it is not an issue to be left to Eritrea and Ethiopia alone.
Therefore, for the UN Security Council to complete its work, alongside terminating UNMEE, should compel Ethiopia to abide by the Peace Agreements it has signed and demand its immediate and unconditional withdrawal from Eritrea sovereign territory it is occupying militarily, for this is the only solution that ensures peace and security in the Horn region.
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