Towards a Schengen Protocol or Floodgates to Continental Chaos: Africa’s Border Lessons

1. Frank C van Rooyen Security Research Fellow: Emerging Powers & Global Challenges Programme South African Institute of International Affairs www.saiia.org.za Towards a Schengen ProtocolorFloodgates to Continental Chaos:Africa’s Border Lessons

2. Agenda Africa’s colonial legacy Movement (legal and illegal, terrorism) Consequences: Open borders in Africa Lessons from other world regional security structures Deductions Conclusions and Recommendations

3. Africa’s Colonial Legacy Africa – a vast continent 53 countries – resulted mainly from ‘Scramble for Africa’ by imperial powers in late 1900s. Most still have borders drawn during era of European colonialism No consultation with indigenous Africa Only two countries not claimed by Europeans

4. Africa’s Colonial Legacy An ‘international treaty’ was signed that disregarded the ethnic, social and economic composition of people that lived in an area Colonial rule by Europeans continues until after conclusion of World War II During 20th century, borders were moved, re-moved and abandoned. Peoples were moved, re-moved and slaughtered on an epic scale Unresolved issues continue to resurface years later as ethnic ‘tribal’ conflict after African countries gained independence

5. Africa’s BordersToday Organisation of African Unity (OAU) passed Resolution AHG/Res. 16(1) in July 1964 at Cairo Summit – which bound African states to “respect the borders existing on their achievement of national independence” This arrangement maintained by post-colonial African leadership because it also served their political needs – it enshrined concepts of sovereignty and territorial integrity Speed with which African borders were defined and marked between 1884 and 1904 (definitive partition only completed in 1920), combined with lack or resources and knowledge of the continent, meant that numerous errors were committed; some have still not been corrected The relative ease with which borders were delimited was starkly contrasted by the subsequent demarcation, management and administration of African boundaries Result: High levels of insecurity on African borders. Due largely to their deficient management rather than the way the colonialists drew the borders Much talk of a ‘United States of Africa’. Two levels of discourse: rapid and (very) gradual full integration

6. Africa’s Borders Today 109 international boundaries (about 45,061 km). Highly permeable – less than 25% marked on the ground About 350 official road-crossing, one for every 128 km Only 414 roads cross borders, 70 roads cross borders having no customs posts Airports total – 3,398 With paved runways – 782 Unpaved runways – 2,616 Heliports – 17 Harbours, ports and inland ports – 77

7. Africa’s Border Disputes These disputes range from traditional bilateral boundary disputes, to diverse unilateral claims; also include resource disputes, geopolitical issues, maritime, terrestrial and irredentist issues African border disputes: Some data: 49 of Africa’s 53 land or island states have one or more disputes with (a) neighbour(s), not all of them African neighbours (eg Morocco/Spain, Comores/France) Separatists (eg FLEC in Cabinda) Undemarcated and disputed land and maritime boundaries Historical claims to another (eg Swaziland claims parts of KZN & Mpumalanga, submitted to ICJ) Boundaries of lakes and rivers (Malawi and Tanzania, Lake Nyasa) Support to own rebel forces by neighbours CONCLUSION: Even Africa’s de iure border situation not fixed, in a state of flux

8. Movement of Persons- Legal Migration a way of life in Africa. For generations Africans migrated in response to demographic, economic, political, natural disasters and conflicts. Migratory movements from one area to another or the incursions of more powerful migrant groups who conquered and reorganized their societies. These large movements across the continent have accounted for the rapidity of the spread of new ideas and changes in culture. Migration in Africa has been of three types: intra-and inter-country (internal) movements of people within the continent; movement from outside into the continent; and movement from the continent outward. Migrations in historic times have transformed the entire aspects of lands and continents and the racial, ethnic, and linguistic composition of their populations, similarly in Africa. The peopling of the continent and the consolidation of its racial, ethnic, and linguistic landscape certainly cannot be totally separated from the consequences of the various migratory movements.

9. Africa’s Refugees, IDPsand Trafficking in Persons Refugees per UN Convention ‘a person outside his/her country, has well-founded fear of persecution because of race, religion, nationality, particular membership; unable to avail him/herself to protection of that country for fear of persecution Internally displaced persons have fled habitual residence for similar reasons, but remain within own national territory. Trafficking in persons is modern-day slavery, involving victims who are forced, defrauded or coerced into labour or sexual exploitation African data on this …

10. Trade Movement - Legal Recent African economic outlook reports that African merchandise exports grew by 17,5%, in 2007 to $424,14-billion compared with $360,9-billion in the previous year. Intra-African merchandise trade was only 9,5 % of the total of the 17,5% growth of merchandise exports. Manufactured products accounted for 42,5% of intra-Africa trade, while fuel and mining products made up 35,4%, and agricultural products accounted for 17,1% North America and the European Union remained the significant trading partners of Africa with a cumulative share of exports of well over 60%. Asia is also becoming an increasingly important trading partner for African countries, with African exports to Asia growing by about 50% over recent reporting periods. These exports remain concentrated in the fuels and mining products, which accounted for almost 80% of the total exports during the corresponding period

11. Trade Movement- Illegal Just between you and me, shouldn't the World Bank be encourag-ing more migration of the dirty industries to the LDCs [less devel-oped countries]? . . . I think the economic logic behind dumping aload of toxic waste in the lowest wage country is impeccable and weshould face up to that . . . I've always thought that under-populatedcountries in Africa are vastly under-polluted. —Lawrence Summers,* 1991, then chief economist at the WorldBank, excerpts from leaked internal memo Transfers of the most hazardous wastes and technologies from rich to poor countries may be “perfectly logical” in an economic sense, but many observers see them as “totally insane”. 1991 seems a long time ago. Yet the tsunami in the Indian Ocean in December 2004 unearthed hazardous biological and nuclear waste revealed buried on some of Africa’s north-eastern beaches Porous borders across Africa facilitates the illegal movement in goods, be it black market, grey products or in endangered wildlife products. But it is clear that the stakes are higher than they used to be--not just animal welfare but human welfare has been pulled into the trade. Like the conflict diamond trade that has funded brutal wars in Sierra Leone, trade in wildlife provides a steady stream of unreported money--some of which is supporting civil war and terrorist organisations. * This memo was reprinted in The Economist, February 8, 1992, p. 66. Summers would later become U.S. treasury secretary.

12. Toxic Waste Dumped: Somalia

13. State of Africa’s Borders – Summary Result: High levels of insecurity on African borders. Due largely to their deficient management rather than the way the colonialists drew the borders Too few personnel, lack of adequate skills, unmotivated (poor pay, lack of equipment and facilities, low/non-existent use of modern surveillance technology). Lack transport (road, air and river/sea) to enable effective patrol. Inadequate border management co-ordination at bilateral, multilateral/regional levels One author summed it up thus: “borders that separate one … African state from another are more incidental than real – more obstacles than the facilitator of peace and progress. … when states try to reassert them, as they frequently do, … Africa’s people simply pass them by in a time-honoured regional way – they walk across dry riverbeds or barren fields” (Peter Vale Security and Politics in South Africa. The Regional Dimension)

14. European Union As a political union, the EU has no border disputes with neighbouring countries. However Estonia/Russia - no land boundary agreements Slovenia/Croatia - land & maritime disputes Spain/Morocco/UK over Gibraltar EU has set up Schengen area 22 member states that signed convention implementing the Schengen agreements of 1985 and 1990 Free movement of persons and harmonisation of border controls Non-EU member states (Switzerland, Iceland, Norway) UK & Ireland have limited participation in Schengen Nine of the 12 new member states joined Schengen on 21 Dec 07, Cyprus joined in 09; Romania and Bulgaria continue to enhance border security systems

15. NAFTA The goal of the North American Free Trade Agreement (Mexico, USA, Canada) was to eliminate barriers of trade and investment between the USA, Canada and Mexico. The implementation of NAFTA on January 1, 1994 NAFTA regulates trade, monitors environmental impact of agreement; trilateral agricultural agreement signed outside ambit of the WTO NAFTA regulates persons – no free movement of people. Professionals and their immediate families qualify for temporary employment (usually 3 years)

16. South America New kid on (continental integration) block, from which Africa can also learn – established May 2008 Union of South American Nations (USAN)(UNASUL)(UNASUR) an intergovernmental, continental union integrating two existing customs unions as part of an ongoing process of South American integration 12 member states, 2 observer states An important operating condition of UNASUR is that no new institutions will be created in the first phase, so as not to increase bureaucracy, and the community will use the existing institutions belonging to the previous trade blocs. Patterned on EU model (plans include common currency, parliament, passport). Further projects – infrastructure co-operation, free movement of people, economic development plans Aims for full integration by 2019 – ambitious timetable South American Defence Council: NATO-like structure

17. ASIA ASEAN. Association of South East Asian Nations, bloc founded in 1967. “10 Nations, One Vision”, seeks more vigorous role in Asia and global affairs. Commonwealth. Joins the ASEAN Regional Forum (ARF), a formal, official, multilateral dialogue in Asia Pacific region. As of July 2007, ARF consisted of 27 participants. A comprehensive investment area, aims to liberalise trade; single aviation market. No free movement of persons SAARC. South Asian Association for Regional Co-operation an economic and political organisation, 8 countries, Southern Asia. By population, its sphere of influence largest of any regional one, almost 1.5 billion. Established December 1985. Seeks to promote wealth, trust, active collaboration and mutual assistnace; accelerate growth, strenghten co-operation. No free movement of persons

18. Lessons from other worldeconomic / security communities Borders need to be consolidated and confirmed between neighbouring states; align legal and actual positions. Agree on arbitration (eg ICJ) but move to resolve issue Contributes to important factor: Enhanced mutual trust levels between each individual state (noted: where there are high levels of intra-state distrust – no free movement of persons) Commence open movement initiatives at sub-regional or regional levels, moving eventually to continental levels

19. Conclusions Africa lacks the resources to ensure pro-active border control. Most too weak to control their territories, would rather maintain façade of territorial integrity even in the face of non-existent, insecure borders ‘Territorial integrity’ exists only in de iure state, not de facto. In effect this adversely affects associated ‘sovereignty’. African governments would find it easier to cease the pretense that they are in control of their borders by doing away with them, as in Europe to facilitate free trade and movement of goods and persons. Other regional models suggest at least two building blocks – 1. Effective and efficient customs union in place first. 2. Productive border management resources to ensure each country’s territorial integrity. In other words, align de iure with de facto situation. This will add to enhanced mutual and regional mutual trust levels; stepping stone to proper regional integration Submit that Africa not ready for abolishment of border and frontiers. Augment at the five envisaged regional levels, then commence gradual integration one-by-one At present levels, abolishment will bring about rapid and unsustainable movement of persons and goods and services from peripheries to centres of economic activity; making for uncontrollable and irreversible conditions; humanitarian disasters

20. Questions? Thank you