| FINAL AND BINDING - Eritrean Ethiopian Boundary Commissions MANDATE is FULFILLED |
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| Written by Daniel Abraham | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Saturday, 08 December 2007 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
EEBC's mandate has been fulfilled (not expired; nor remain unfinished) - Period. Confused by misleading reports by various western news media groups, some of our people are getting a wrong assumption that the border commission is still in existence and will come back one day to do more work on the border (i.e. placing marker pillars on the ground).
The border is already demarcated by the geographical coordinates / boundary points published by the commission a year ago on 27 November 2006. The boundary line created by these coordinates / points came into effect on the 1st of December 2007. We should continue to spread this "gospel". Implementation of this internationally recognised boundary line is nothing more than respecting this boundary line. Some are also confused by the so-called "statement" (which I would call "a no statement") by the Boundary Commission on 30 November 2007. There was nothing new in the statement that we did not know about (i.e. a reference to paragraph 22 to a year old statement) apart from the section that says, "The Commission and its staff are barred by confidentiality agreements from commenting on any aspect of the case".
ALEXANDRA HUDSON OF REUTERS GOT IT ALL WRONGI am writing to let you know that your news report by Alexandra Hudson titled "Ethiopia-Eritrea commission ends, border unresolved " published on Fri 30 Nov 2007, 23:20 GMT (URL: http://africa.reuters.com/country/ER/news/usnL3048408.html ) has contextual error.In paragraph four of your news report, the author wrote: "Until such time as the boundary is finally demarcated, the delimitation decision of 13 April 2002 continues as the only valid legal description of the boundary," quoting only part of a paragraph from the statement by the Eritrea Ethiopia Boundary Commission (EEBC) led by Sir Elihu Lauterpacht on 30 November 2007. This, an out of context quote, is misleading and misrepresenting the fact. The fact is the EEBC has stated that by the end of November 2007 "the boundary will automatically stand as demarcated by the boundary points listed in the Annex hereto and that the mandate of the Commission can then be regarded as fulfilled." This was part of the same paragraph of the Commission's statement and has been over looked by your reporter. Therefore from 1 December 2007, the border has been demarcated by those co-ordinates referred to in the EEBC statement replacing co-ordinates previously published in the delimitation decision of 13 April 2002 by the same Commission. Here below is a demonstration of how your reporter has made an out of context quotation of the statement by the EEBC. On 30 November 2007 the Commission issued a statement referring to paragraph 22 of a previous statement issued a year ago on 27 November 2006 Here is the paragraph in its entirely :
"As the Commission evidently cannot remain in existence indefinitely, it proposes that the Parties should, over the next twelve months, terminating at the end of November 2007, consider their positions and seek to reach agreement on the emplacement pillars. If, by the end of that period, the Parties have not by themselves reached the necessary agreement and proceeded significantly to implement it, or have not requested and enabled the Commission to resume its activity, the Commission hereby determines that the boundary will automatically stand as demarcated by the boundary points listed in the Annex hereto and that the mandate of the Commission can then be regarded as fulfilled. Until that time, however, it must be emphasised that the Commission remains in existence and its mandate to demarcate has not been discharged. Until such time as the boundary is finally demarcated, the Delimitation Decision of 13 April 2002 continues as the only valid legal description of the boundary." Let's analysis the first part of the above paragraph: "As the Commission evidently cannot remain in existence indefinitely, it proposes that the Parties should, over the next twelve months, terminating at the end of November 2007, consider their positions and seek to reach agreement on the emplacement pillars. If, by the end of that period, the Parties have not by themselves reached the necessary agreement and proceeded significantly to implement it, or have not requested and enabled the Commission to resume its activity, the Commission hereby determines that the boundary will automatically stand as demarcated by the boundary points listed in the Annex hereto and that the mandate of the Commission can then be regarded as fulfilled". The last part of this section reads "the boundary will automatically stand as demarcated by the boundary points listed in the Annex hereto and that the mandate of the Commission can then be regarded as fulfilled".
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Letter dated Nov. 30'07 from the Legal Adviser to the President of Eritrea to the president of the UNSC
From `legal nonsense´ to `legal fiction´.

With effect from midnight tonight (30.11.2007), the demarcation of Ethio-Eritrean boundary will be as complete as any demarcated interstate boundary would be, if not better defined.
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