The Ethiopian – Sudan boundary issue has become a prominent topic of global politics. Unfortunately, there is widespread of false and incorrect information disseminated on the matter by the Sudan. With the objective of setting the record straight and relaying accurate information, the Embassy of the Federal Republic of Ethiopia in Rwanda presents this note. The boundary of Ethiopia and Sudan was delimited by the 1902 Treaty signed between Emperor Menelik of Ethiopia and Great Britain, the colonial power of Sudan. Article 2 of the Treaty establishes a Joint Boundary Commission (JBC) to marking and delimiting the boundary on the ground. However, in 1903 a British surveyor by the name of “Charles Gwynn” unilaterally demarcated the boundary disregarding the 1902 Treaty. Ethiopia rejected it and communicated its position that the unilateral exercise by Great Britain is void. In 1972, after a lengthy dialogue and negotiation, Ethiopia and Sudan adopted an Exchange of Notes that provides for the agreement of the two countries to re-demarcate the boundary. In the re-demarcation exercise, Ethiopia and Sudan agreed to use the “Gwynn Line” only as a basis and to make rectifications to it. The 1972 Exchange of Notes is an outcome of compromise on the parts of both Ethiopia and Sudan. Ethiopia agreed to work on the re-demarcation, taking the “Gwynn Line” into consideration. Sudan agreed to drop its position that “Gwynn Line” is the final demarcation, and accepted the re-demarcation of the boundary based on mutually agreed rectifications. Hence, the 1972 Exchange of Notes makes it abundantly clear that Major Gwynn’s demarcation is not final and conclusive. In line with the Exchange of Notes, Ethiopia and Sudan established joint mechanisms to deal with border re-demarcation. These include, the Joint Boundary Commission (JBC), the Joint Technical Boundary Committee (JTBC) established under the JBC, and the Joint Special Committee. The Special Committee also conducted important discussions. Nevertheless, all the committees have not yet completed their mandated tasks. In carrying out the re-demarcation process, both countries will, among many other things, apply the 1972 Exchange of Notes, rules and standards for border demarcation, including settlement pattern, effective control and most importantly the durability of the boundary and border stability. In the meantime, Ethiopia and Sudan have an obligation to respect the status-quo. Most recently, the Prime Ministers of Ethiopia and Sudan established a High Level Political Committee on Boundary Issues that was tasked to deliberate on reactivation of the boundary demarcation mechanisms. In its meeting held in Addis Ababa on 16 – 17 May 2020, the High-Level Politic Committee reached an agreement to continue to work towards the resolution of the boundary issues within the existing frameworks and agreements as well to strengthen cooperation to combat illegal activities and reactivate people-to-people relations. Sudan, in its recent act of invasion violated these solemn commitments. The acts of Sudan have entailed loss of mutual trust and spoiled the efforts made to create a stable and economically and socially vibrant border area. The Sudanese National Army violated the basic principles of international law and peaceful settlement of disputes and invaded Ethiopia in early November 2020 while Ethiopian National Defense Force was engaged in the law enforcement measure in the Tigray Regional State. The areas that the Sudan invaded are under the effective administration of Ethiopia before and since the signature of the 1902 Treaty, and most certainly since the conclusion of the 1972 Exchange of Notes. In 2004/2005, the Joint Selected Working Group of Ethiopia and Sudan conducted aerial survey and registration of holdings. This undertaking established that, Ethiopians reside and conduct regular economic and social and political activities, west of the “Gwynn Line” governed by Ethiopian law and Ethiopian authorities. Ethiopia’s resolve for peaceful settlement of the controversy was manifested even after Sudan invaded Ethiopia’s territory. The Sudanese side denied the invasion and declined the offer by Ethiopia to peacefully and diplomatically address the matter. Ethiopia remains committed to finding lasting solution through negotiation and agreements in the framework of the existing normative and institutional mechanisms to re-demarcate the boundary and settle the controversy. The writer is the Ambassador of the Federal Democratic Republic of Ethiopia in Rwanda.
