Excellency,  

I am writing to you in anticipation of the forthcoming report of the Eritrea-Ethiopia Boundary Commission which we expect will highlight the Commission's continuing efforts to impose its concept of “virtual demarcation” of the border.  Despite the Commission's claims of completion, it has also suggested that Ethiopia should nominate a replacement for the late Sir Arthur Watts. We have already made it clear that we do not consider this necessary as the Commission by its own admission has come to the end of its working life. No replacement will be nominated.   

The Commission’s “virtual demarcation” has, of course, no validity in international law. Ethiopia, having taken legal advice, has made this clear in a number of previous communications to you, to the President of the Security Council and to the Commission itself. In response, the Commission has consistently failed to provide any acceptable or legal basis for an alternate view. We cannot regard mere assertions as  sufficient basis for what amounts to clear illegality.  

The Commission's views of “virtual demarcation” also appear to underlie its attempts to equate the status of the Delimitation Decision of 13 April 2002 and the Statement of 27 November 2006. This is entirely unacceptable. It is quite clear from the Commission’s own mandate that there can be no equation between the two. They are not, and cannot be, equally binding.   

Ethiopia fully accepts the Delimitation Decision of 13 April 2002 as final and binding. We are committed to its implementation, and to the demarcation of the border according to international norms and practices. We regret this remains impossible in the face of Eritrean intransigence and its persistent refusal to move towards implementation of the Delimitation Decision. Demarcation remains impossible unless and until the Government of Eritrea fully accepts its fundamental obligations and restores the full integrity of the Algiers Agreements, failing which pursuant to our notification to Eritrea Ethiopia would be compelled to take the necessary steps as referred to in the notification. 

I wish to reiterate Ethiopia's position on what is being attempted to seek a legal fiction as a substitute for real demarcation of the boundary on the ground.  It is Ethiopia's expectation that in light of the heavy responsibility reposed on the Secretary-General, he would not allow the UN to lend respectability to this unlawful effort. 

Please accept, Excellency, the assurances of my highest consideration.