Two
Misconceptions about Demarcation
Abraham Haile
March 15, 2003
Ethiopia’s recent statements – that it will withdraw
its acceptance of the April 13 Decision unless there are “adjustments”
so that it is guaranteed Badme – have confused the general public,
which had assumed that the Decision was supposed to be “final and
binding.” Especially considering that Ethiopia endorsed the April
13 Decision on the ground that it had been given everything it asked
for, people don’t understand how Ethiopia can now be withdrawing
its acceptance. There are two fundamental misconceptions at stake,
both fostered by Ethiopia’s propaganda over the last eleven months.
The first misconception is that the legal authority of the Decision
depends somehow on Ethiopia having “accepted” it. There is no legal
requirement that Ethiopia approve of the Decision when it is announced,
any more than there is a legal requirement that Eritrea approve
of it. The two States had already committed themselves, in the Algiers
Agreements, to respect the conclusions reached by the Boundary Commission
whether they liked them or not. Ethiopia was not given a veto power
and legally it is wholly irrelevant whether Ethiopia endorses the
Boundary Commission’s conclusions.
The second misconception is that it was somehow unclear, under the
April 13 Decision, which side had been awarded Badme. Ethiopia is
now acting as though the question is still indeterminate, as though
the result cannot be certain until the last boundary pillar is in
the ground. In demanding that the Boundary Commission now award
Badme to Ethiopia, Ethiopia acts as though the Boundary Commission
has the flexibility to do so. To the contrary, as it has said on
numerous occasions since the Decision was announced, the Boundary
Commission has no power to vary the April 13 line. The line announced
on April 13 is truly “final and binding.”
Moreover, there was never any doubt that the April 13 Decision awarded
Badme town to Eritrea. The Decision itself mentioned Badme only
once, when it rejected Ethiopia’s claims to have historically administered
the town. But the Decision explicitly stated what the coordinates
would be for the two endpoints of the Mereb Setit portion of the
boundary, with allowances to be made only for variations of a few
meters one way or the other to correct for imprecision in the satellite
maps that the Commission was then using. Any schoolchild knows that
two points uniquely determine a straight line; Badme is either to
the east of this line, or to the west. The coordinates for Badme
town are well known – the southeast corner of the town is at 37
degrees, 48 minutes, 16 seconds East and 14 degrees, 43 minutes,
26 seconds North -- and simple arithmetic confirms that Badme
is Eritrean. Ethiopia knows this as well as Eritrea does.