Territorial dispute with Namibia resolved by ICJ in 1999
Sedudu Island (known as Kasikili Island in Namibia) is a fluvial island in the Chobe River, in Botswana adjacent to the border with Namibia. The island was the subject of a territorial dispute between these countries, resolved by a 1999 ruling of the International Court of Justice (ICJ) that the border runs down the thalweg of the river immediately north (not south) of the island. The island is approximately 5 square kilometres (2 square miles) in area, with no permanent residents. For several months each year, beginning around March, the island is submerged by floods. The Island is one of the top tourist attractions in Chobe.
The dispute arose because of the imprecise wording of the agreement concerning the northern boundary between the colonial powers of Germany and the United Kingdom which settled the geographic interests between German South-West Africa and the Bechuanaland Protectorate in the Heligoland-Zanzibar Treaty signed on July 1, 1890. This treaty read "in Southwest Africa, Germany's sphere of influence is demarcated thus":
To the east by the line that commences at the aforementioned point and follows the 20th degree of east longitude to its intersection point with the 22nd degree of south latitude. The line then traces this degree of latitude eastward to its intersection with the 21st degree of east longitude, follows this degree of longitude northward to its intersection with the 18th degree of south latitude, runs along this degree of latitude eastward to its intersection with the Chobe River. Here it descends the thalweg of the main channel until it meets the Zambezi, where it ends. It is understood that under this arrangement Germany shall be granted free access from its protectorate to the Zambezi by means of a strip of land not less than twenty English miles [30km] wide at any point. Great Britain's sphere of influence is bounded to the west and northwest by the previously described line and includes Lake Ngami.
The present country of Namibia was German Southwest Africa in 1890; Botswana was then known as the Bechuanaland Protectorate.
Namibia and Botswana reached a Special Agreement in 1996 to resolve their dispute by taking it to the ICJ. Under the terms of the Special Agreement, the two countries asked the Court to "determine, on the basis of the Anglo-German Treaty of 1 July 1890 and the rules and principles of international law, the boundary between Namibia and Botswana around Kasikili/Sedudu Island and the legal status of the island".[citation needed]
ICJ decision
According to the text of the 1890 Treaty, Great Britain and Germany located the dividing line between their spheres of influence in the "main channel" of the Chobe River. The real dispute between the countries concerned the location of that "main channel", with Botswana contending that it was the channel running north of Sedudu Island and Namibia saying the channel ran south of the island. However, since the 1890 Treaty did not define the notion of "main channel", the Court itself had to determine which was the main channel of the Chobe River around the island.
To do so, the Court took into consideration the depth and the width of the channel, the flow (i.e., the volume of water carried), the bed profile configuration and the navigability of the channel. After considering the figures submitted by both parties, as well as surveys carried out on the ground at different periods, the Court concluded that "the northern channel of the River Chobe around Kasikili/Sedudu Island must be regarded as its main channel".
The Court stated that it could not draw conclusions from the cartographic material "in view of the absence of any map officially reflecting the intentions of the parties to the 1890 Treaty" and "in the light of the uncertainty and inconsistency" of the maps submitted by Botswana and Namibia.
The Court considered Namibia's alternative argument that it (and its predecessors) had prescriptive title to Kasikili/Sedudu Island by virtue of the exercise of sovereign jurisdiction over it since the beginning of the century, with full knowledge and acceptance by the authorities of Botswana (and its predecessors). The Court found that while the Masubia of the Caprivi Strip (territory belonging to Namibia) did indeed use the island for many years, they did so intermittently, according to the seasons, and for exclusively agricultural purposes, without it being established that they occupied the island exercising functions of state authority there on behalf of the Caprivi authorities. The Court therefore rejected this argument.
After concluding that the boundary between Botswana and Namibia around Kasikili/Sedudu Island follows the line of deepest soundings in the northern channel of the Chobe and that the island formed part of the territory of Botswana, the Court recalled that, under the terms of an agreement concluded in May 1992 (the "Kasane Communiqué"), the two countries had undertaken to one another that there shall be unimpeded navigation for craft of their nationals and flags in the channels around the island.[citation needed]
The Batswana, a term also used to denote all citizens of Botswana, refers to the country's major ethnic group. Prior to European contact, the Batswana lived as herders and farmers under tribal rule.
Botswana is a landlocked country located in Southern Africa, north of South Africa. Botswana occupies an area of 581,730 square kilometres (224,610 sq mi), of which 566,730 km2 (218,820 sq mi) are land. Botswana has land boundaries of combined length 4,347.15 kilometres (2,701.19 mi), of which the constituent boundaries are shared with Namibia, for 1,544 km (959 mi); South Africa 1,969 km (1,223 mi); Zimbabwe, 834 km (518 mi) and Zambia, 0.15 km (0.093 mi). Much of the population of Botswana is concentrated in the eastern part of the country.
South West Africa was the name for modern-day Namibia when it was under South African administration, from 1915 to 1990. It borders with Angola, Botswana, South Africa, and Zambia.
The Zambezi Region, until 2013 known as the Caprivi Region, is one of the 14 regions of Namibia, located in the extreme north-east of the country. It is largely concurrent with the Caprivi Strip and takes its name from the Zambezi River that runs along its border. Katima Mulilo is its capital and the largest city, the Governor is Lawrence Sampofu. The self-governed village Bukalo belongs to this region.
The Caprivi Strip, also known simply as Caprivi, is a geographic salient protruding from the north-eastern corner of Namibia. It is surrounded by Botswana to the south and Angola and Zambia to the north. Namibia, Botswana and Zambia meet at a single point at the eastern tip of the Strip, which also comes within 150 m of Zimbabwe thus nearly forming a quadripoint. Botswana and Zambia share a 150 meter border at the crossing of Kazungula. The territory was acquired by the then German South West Africa in order to provide access to the Zambezi River and consequently a route to the east coast of the continent and German East Africa. The route was later found not to be navigable because about 65 kilometres east of the Caprivi Strip is Victoria Falls, one of the world's largest waterfalls.
The Bechuanaland Protectorate was a protectorate established on 31 March 1885, by the United Kingdom of Great Britain and Ireland in Southern Africa. It became the Republic of Botswana on 30 September 1966.
The Cuando River is a river in south-central Africa flowing through Angola and Namibia's Caprivi Strip and into the Linyanti Swamp on the northern border of Botswana. Below the swamp, the river is called the Linyanti River and, farther east, the Chobe River, before it flows into the Zambezi River.
In geography and fluvial geomorphology, a thalweg or talweg is the line of lowest elevation within a valley or watercourse.
The North-West District or Ngamiland is one of the first-level administrative subdivisions of Botswana. For census and administrative purposes Ngamiland is subdivided into Ngamiland East, Ngamiland West and Ngamiland Delta (Okavango). It is governed by a District Commissioner, appointed by the national government, and the elected North-West District Council. The administrative centre is Maun.
Kazungula is a small border town in Zambia, lying on the north bank of the Zambezi River about 70 kilometres (45 mi) west of Livingstone on the M10 Road.
Kasane is a town in Botswana, close to Africa's 'Four Corners', where four countries almost meet: Botswana, Namibia, Zambia and Zimbabwe. It is at the far north-eastern corner of Botswana where it serves as the administrative center of the Chobe District. The population of Kasane was 9,244 in 2011 census.
A quadripoint is a point on Earth where four distinct territories meet. The territories can be of different types, such as national and provincial. In North America, several such places are commonly known as Four Corners. Several examples exist throughout the world that use other names.
The Caprivi treason trial is a trial in which the Government of Namibia indicted 132 people for allegedly participating in the Caprivi conflict on the side of the Caprivi Liberation Army during a period between 1992 and 2002. They were charged with high treason, murder, sedition, and many other offences, altogether 278 counts of criminal conduct.
Botswana–Namibia relations refers to the current and historical relationship between Botswana and Namibia. As of 2009, relations were considered friendly, with the two neighboring countries cooperating on economic development. Botswana gained independence from Britain in September 1966. Namibia gained independence from South Africa in 1990 following the Namibian War of Independence, and the two countries soon after established formal diplomatic relations. Botswana has a high commission in Windhoek. Namibia has a high commission in Gaborone.
The Subiya call themselves Veekuhane and their language is called Chiikuhane. Chiikuhane or Subiya language is classified under Zone K.40 of Bantu languages; a language of northern Botswana, Caprivi Strip, Namibia and Western Zambia up to Victoria Falls .Baumbach (1997:337) classified it as a "Zone k42 Bantu language". Torrend (1931), Shamukuni (1972), and Colson (1996) classified Chiikuhane language under the Bantu Botatwe group; indicating that the language is related to Western Tonga in Zambia and one of the earliest languages of the Zambezi believed to have arrived around Iron Age era. Bantu Botatwe share the distinctive root – tatwe for three. They include Subiya, Tonga, Toka, Leya, Fwe, Twa, Shanjo, Totela, Ila and Lenje. In the Caprivi, Subiya has been classified together with Fwe, Totela and Mbalangwe as one group of languages. Subiya language has a complete grammar book and a textbook containing folklore, superstitions and songs written in French and Subiya in 1896 and 1899 respectively, by the French Missionary Edouard Jacottet. Subiya language also has a complete grammatical sketch written in English and Subiya in the 1960s by Daniel Matengu Shamukuni.
In international law and diplomacy, a compromis is an agreement between two parties to submit a dispute to international arbitration for a binding resolution. A compromis is made after a dispute has already arisen, rather than before.. The compromis identifies a neutral third party - the arbitrator or arbitral tribunal - or specifies the manner of appointment. The compromis often sets forth the precise question or questions to be decided; the arbitral rules of procedure; the seat of the tribunal; the languages to be used in the proceeding; the applicable law; and the payment of costs.
The Masubia are a tribe in Caprivi Strip whose traditional authority (ikuta) is based in Bukalo.
The border between Namibia and South Africa is 967 kilometres (601 mi) long. It runs along the Orange River from its mouth on the Atlantic Ocean to the 20th meridian east, and then northwards along that meridian to the tripoint with Botswana at the Nossob River.
Nkasa Rupara National Park, also Nkasa Lupala National Park, formerly Mamili National Park, is a national park in Namibia. It is centered on the Nkasa and Rupara islands on the Kwando/Linyanti River in the south-western corner of East Caprivi. Botswana lies to the west, south and east, and Sangwali village to the north. It is Namibia's largest formally protected wetland area. It is one of Namibia’s protected areas that benefits local communities surrounding parks. The unfenced park forms a trans-boundary link for wildlife migration between Angola, Botswana, Namibia and Zambia. Nkasa Rupara is part of the Kavango Zambezi Transfrontier Conservation Area.
The M10 Road is a Road in Zambia. It goes from Livingstone, through Sesheke, to Mongu. The Road is approximately 508 kilometres and follows the Zambezi River for its entire length.
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Tourism on Sedudu Island
Sedudu Island Botswana (2018)
Sedudu-Island (2019)
