Statement By Ethiopia's Legal Counsel

On September 6 -7, 2007, the Ethiopia-Eritrea Boundary Commission held meetings in The Hague with representatives of the parties.  

            Ethiopia told the Commission that demarcation of the border had been rendered practically impossible by the actions of Eritrea in continuously violating the Temporary Security Zone, severely restricting UNMEE's operations, and persistently engaging in terrorist activities against Ethiopia.  Eritrea's actions are in open defiance of a number of Security Council Resolutions, and constitute a fundamental breach of the Algiers Agreements.  

           The Algiers Agreements provide that complete demilitarization of the 25 kms wide Temporary Security Zone is essential for demarcation. According to the United Nations, Eritrea now has thousands of troops and heavy weapons inside the Security Zone, despite numerous Security Council resolutions demanding their withdrawal.      

        In its presentation to the Commission, Eritrea made it clear it would not withdraw these forces, nor lift all restrictions of UNMEE. This failure to comply with its fundamental legal obligations is unacceptable. During the meeting Eritrea did not deny that it was engaged in the threat and use of force against Ethiopia. 

            In view of this, the Commission said it could not resume demarcation.  Despite the absence of a demarcation process, the Commission also stated that it still intends to declare the coordinates it set forth in its arbitrary Demarcation Statement of November 27, 2006, as final at the end of November 2007. 

            Ethiopia cannot accept the Commission’s coordinates. Demarcation requires a valid process. These coordinates are not the result of a process consistent with the Algiers Agreements, international law and practice, or the Commission’s prior mandate and practice.  Indeed, the Commission abandoned its own demarcation process because Eritrea refused to cooperate with the Commission. The fieldwork was made impossible by Eritrea prohibiting UNMEE helicopter flights and other essential operations and moving its army in force into the TSZ. 

        Despite Eritrea's actions, Ethiopia remains committed to the peaceful resolution of its disputes with Eritrea, including boundary demarcation pursuant to the Algiers Agreements and international law.

Addis Ababa

10 September 2007