Towards a Schengen ProtocolTowards a Schengen Protocoloror

Floodgates to Continental Chaos:Floodgates to Continental Chaos:Africa’s Border LessonsAfrica’s Border Lessons

Frank C van RooyenFrank C van Rooyen

Security Research Fellow: Emerging Powers & Global Challenges ProgrammeSecurity Research Fellow: Emerging Powers & Global Challenges Programme

South African Institute of International AffairsSouth African Institute of International Affairs

www.saiia.org.zawww.saiia.org.za

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AgendaAgenda

Africa’s colonial legacy Africa’s colonial legacy

Movement (legal and illegal, terrorism)Movement (legal and illegal, terrorism)

Consequences: Open borders in AfricaConsequences: Open borders in Africa

Lessons from other world regional Lessons from other world regional security structuressecurity structures

DeductionsDeductions

Conclusions and RecommendationsConclusions and Recommendations

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Africa’s Colonial LegacyAfrica’s Colonial Legacy

Africa – a vast continentAfrica – a vast continent

53 countries – resulted mainly 53 countries – resulted mainly from ‘Scramble for Africa’ from ‘Scramble for Africa’ by imperial powers in late by imperial powers in late 1900s. Most still have 1900s. Most still have borders drawn during era borders drawn during era of European colonialismof European colonialism

No consultation with No consultation with indigenous Africaindigenous Africa

Only two countries not Only two countries not claimed by Europeansclaimed by Europeans

Africa’s Colonial LegacyAfrica’s Colonial Legacy

An ‘international treaty’ was signed An ‘international treaty’ was signed that disregarded the ethnic, social that disregarded the ethnic, social and economic composition of and economic composition of people that lived in an areapeople that lived in an area

CoColonial rule by Europeans continues lonial rule by Europeans continues until after conclusion of World War until after conclusion of World War IIII

DuDuring 20ring 20thth century, borders were century, borders were moved, re-moved and abandoned. moved, re-moved and abandoned. Peoples were moved, re-moved Peoples were moved, re-moved and slaughtered on an epic scaleand slaughtered on an epic scale

UnUnresolved issues continue to resolved issues continue to resurface years later as ethnic resurface years later as ethnic ‘tribal’ conflict after African ‘tribal’ conflict after African countries gained independencecountries gained independence

Africa’s BordersAfrica’s BordersTodayToday

Organisation of African Unity (OAU) passed Resolution AHG/Res. 16(1) in Organisation of African Unity (OAU) passed Resolution AHG/Res. 16(1) in July 1964 at Cairo Summit – which bound African states to “respect the July 1964 at Cairo Summit – which bound African states to “respect the borders existing on their achievement of national independence”borders existing on their achievement of national independence”

This arrangement maintained by post-colonial African leadership because it This arrangement maintained by post-colonial African leadership because it also served their political needs – it enshrined concepts of sovereignty also served their political needs – it enshrined concepts of sovereignty and territorial integrityand territorial integrity

Speed with which African borders were defined and marked between 1884 Speed with which African borders were defined and marked between 1884 and 1904 (definitive partition only completed in 1920), combined with lack and 1904 (definitive partition only completed in 1920), combined with lack or resources and knowledge of the continent, meant that numerous errors or resources and knowledge of the continent, meant that numerous errors were committed; some have still not been correctedwere committed; some have still not been corrected

The relative ease with which borders were delimited was starkly contrasted The relative ease with which borders were delimited was starkly contrasted by the subsequent demarcation, management and administration of by the subsequent demarcation, management and administration of African boundariesAfrican boundaries

Result: High levels of insecurity on African borders. Due largely to their Result: High levels of insecurity on African borders. Due largely to their deficient management rather than the way the colonialists drew the deficient management rather than the way the colonialists drew the bordersborders

Much talk of a ‘United States of Africa’. Two levels of discourse: rapid and Much talk of a ‘United States of Africa’. Two levels of discourse: rapid and (very) gradual full integration(very) gradual full integration

109 international boundaries (about 45,061 km).109 international boundaries (about 45,061 km).

Highly permeable – less than 25% marked on the groundHighly permeable – less than 25% marked on the ground

About 350 official road-crossing, one for every 128 kmAbout 350 official road-crossing, one for every 128 km

Only 414 roads cross borders, 70 roads cross borders having Only 414 roads cross borders, 70 roads cross borders having no customs postsno customs posts

Airports total – 3,398Airports total – 3,398

With paved runways – 782With paved runways – 782

Unpaved runways – 2,616Unpaved runways – 2,616

Heliports – 17Heliports – 17

Harbours, ports and inland ports – 77Harbours, ports and inland ports – 77

Africa’s Borders TodayAfrica’s Borders Today

Africa’s Border DisputesAfrica’s Border Disputes

These disputes range from traditional bilateral boundary disputes, to These disputes range from traditional bilateral boundary disputes, to diverse unilateral claims; also include resource disputes, diverse unilateral claims; also include resource disputes, geopolitical issues, maritime, terrestrial and irredentist issuesgeopolitical issues, maritime, terrestrial and irredentist issues

African border disputes: Some data:African border disputes: Some data:

49 of Africa’s 53 land or island states have one or more disputes 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 with (a) neighbour(s), not all of them African neighbours (eg Morocco/Spain, Comores/France)Morocco/Spain, Comores/France)

Separatists (eg FLEC in Cabinda)Separatists (eg FLEC in Cabinda)

Undemarcated and disputed land and maritime boundariesUndemarcated and disputed land and maritime boundaries

Historical claims to another (eg Swaziland claims parts of KZN & Historical claims to another (eg Swaziland claims parts of KZN & Mpumalanga, submitted to ICJ)Mpumalanga, submitted to ICJ)

Boundaries of lakes and rivers (Malawi and Tanzania, Lake Boundaries of lakes and rivers (Malawi and Tanzania, Lake Nyasa)Nyasa)

Support to own rebel forces by neighboursSupport to own rebel forces by neighbours

CONCLUSION: Even Africa’s de iure border situation not fixed, in a CONCLUSION: Even Africa’s de iure border situation not fixed, in a state of fluxstate of flux

Movement of PersonsMovement of Persons- Legal- Legal

Migration a way of life in Africa. For generations Migration a way of life in Africa. For generations Africans migrated in response to demographic, Africans migrated in response to demographic, economic, political, natural disasters and economic, political, natural disasters and conflicts. Migratory movements from one area to conflicts. Migratory movements from one area to another or the incursions of more powerful another or the incursions of more powerful migrant groups who conquered and reorganized migrant groups who conquered and reorganized their societies. These large movements across the their societies. These large movements across the continent have accounted for the rapidity of the continent have accounted for the rapidity of the spread of new ideas and changes in culture.spread of new ideas and changes in culture.

Migration in Africa has been of three types: intra-and Migration in Africa has been of three types: intra-and inter-country (internal) movements of people inter-country (internal) movements of people withinwithin the continent; movement from outside the continent; movement from outside intointo the continent; and movement the continent; and movement fromfrom the continent the continent outward.outward.

Migrations in historic times have transformed the Migrations in historic times have transformed the entire aspects of lands and continents and the entire aspects of lands and continents and the racial, ethnic, and linguistic composition of their racial, ethnic, and linguistic composition of their populations, similarly in Africa. The peopling of populations, similarly in Africa. The peopling of the continent and the consolidation of its racial, the continent and the consolidation of its racial, ethnic, and linguistic landscape certainly cannot ethnic, and linguistic landscape certainly cannot be totally separated from the consequences of the be totally separated from the consequences of the various migratory movements.various migratory movements.

Africa’s Refugees, IDPsAfrica’s Refugees, IDPsand Trafficking in Personsand Trafficking in Persons

RefugeesRefugees per UN Convention ‘a person outside per UN Convention ‘a person outside his/her country, has well-founded fear of his/her country, has well-founded fear of persecution because of race, religion, persecution because of race, religion, nationality, particular membership; unable to nationality, particular membership; unable to avail him/herself to protection of that country avail him/herself to protection of that country for fear of persecution for fear of persecution

Internally displaced personsInternally displaced persons have fled habitual have fled habitual residence for similar reasons, but remain residence for similar reasons, but remain within own national territory. within own national territory.

Trafficking in personsTrafficking in persons is modern-day slavery, is modern-day slavery, involving victims who are forced, defrauded involving victims who are forced, defrauded or coerced into labour or sexual exploitationor coerced into labour or sexual exploitation

African data on this …African data on this …

Trade Movement - LegalTrade Movement - Legal

Recent African economic outlook reports that African merchandise Recent African economic outlook reports that African merchandise exports grew by 17,5%, in 2007 to $424,14-billion compared with exports grew by 17,5%, in 2007 to $424,14-billion compared with $360,9-billion in the previous year. Intra-African merchandise $360,9-billion in the previous year. Intra-African merchandise trade was only 9,5 % of the total of the 17,5% growth of trade was only 9,5 % of the total of the 17,5% growth of merchandise exports. Manufactured products accounted for merchandise exports. Manufactured products accounted for 42,5% of intra-Africa trade, while fuel and mining products made 42,5% of intra-Africa trade, while fuel and mining products made up 35,4%, and agricultural products accounted for 17,1%up 35,4%, and agricultural products accounted for 17,1%

North America and the European Union remained the significant North America and the European Union remained the significant trading partners of Africa with a cumulative share of exports of trading partners of Africa with a cumulative share of exports of well over 60%. Asia is also becoming an increasingly important well over 60%. Asia is also becoming an increasingly important trading partner for African countries, with African exports to Asia trading partner for African countries, with African exports to Asia growing by about 50% over recent reporting periods. These growing by about 50% over recent reporting periods. These exports remain concentrated in the fuels and mining products, exports remain concentrated in the fuels and mining products, which accounted for almost 80% of the total exports during the which accounted for almost 80% of the total exports during the corresponding periodcorresponding period

Trade MovementTrade Movement- Illegal- 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,Lawrence Summers,** 1991, then chief economist at the World 1991, then chief economist at the World

Bank, excerpts from leaked internal memoBank, excerpts from leaked internal memo

Transfers of the most hazardous wastes and technologies from rich to poor countries 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 may be “perfectly logical” in an economic sense, but many observers see them as “totally insane”.“totally insane”.

1991 seems a long time ago. Yet the tsunami in the Indian Ocean in December 2004 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 unearthed hazardous biological and nuclear waste revealed buried on some of Africa’s north-eastern beachesAfrica’s north-eastern beaches

Porous borders across Africa facilitates the illegal movement in goods, be it black market, 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 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 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 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 Sierra Leone, trade in wildlife provides a steady stream of unreported money--some of which is supporting civil war and terrorist organisations.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.

Toxic Waste Dumped: Toxic Waste Dumped: SomaliaSomalia

State of Africa’s Borders – State of Africa’s Borders – SummarySummary

Result: High levels of insecurity on African borders. Due largely to Result: High levels of insecurity on African borders. Due largely to their deficient management rather than the way the colonialists their deficient management rather than the way the colonialists drew the bordersdrew the borders

Too few personnel, lack of adequate skills, unmotivated (poor pay, Too few personnel, lack of adequate skills, unmotivated (poor pay, lack of equipment and facilities, low/non-existent use of modern lack of equipment and facilities, low/non-existent use of modern surveillance technology). Lack transport (road, air and river/sea) surveillance technology). Lack transport (road, air and river/sea) to enable effective patrol. Inadequate border management co-to enable effective patrol. Inadequate border management co-ordination at bilateral, multilateral/regional levelsordination at bilateral, multilateral/regional levels

One author summed it up thus: “borders that separate one … One author summed it up thus: “borders that separate one … African state from another are more incidental than real – more African state from another are more incidental than real – more obstacles than the facilitator of peace and progress. … when obstacles than the facilitator of peace and progress. … when states try to reassert them, as they frequently do, … Africa’s states try to reassert them, as they frequently do, … Africa’s people simply pass them by in a time-honoured regional way – people simply pass them by in a time-honoured regional way – they walk across dry riverbeds or barren fields” (they walk across dry riverbeds or barren fields” (Peter Vale Peter Vale Security Security

and Politics in South Africa. The Regional Dimensionand Politics in South Africa. The Regional Dimension))

European UnionEuropean Union

As a political union, the EU has no border disputes with As a political union, the EU has no border disputes with neighbouring countries. Howeverneighbouring countries. However

Estonia/Russia - no land boundary agreementsEstonia/Russia - no land boundary agreements

Slovenia/Croatia - land & maritime disputesSlovenia/Croatia - land & maritime disputes

Spain/Morocco/UK over GibraltarSpain/Morocco/UK over Gibraltar

EU has set up Schengen areaEU has set up Schengen area

22 member states that signed convention implementing the 22 member states that signed convention implementing the Schengen agreements of 1985 and 1990Schengen agreements of 1985 and 1990

Free movement of persons and harmonisation of border controlsFree movement of persons and harmonisation of border controls

Non-EU member states (Switzerland, Iceland, Norway)Non-EU member states (Switzerland, Iceland, Norway)

UK & Ireland have limited participation in SchengenUK & Ireland have limited participation in Schengen

Nine of the 12 new member states joined Schengen on 21 Dec 07, Nine of the 12 new member states joined Schengen on 21 Dec 07, Cyprus joined in 09; Romania and Bulgaria continue to enhance Cyprus joined in 09; Romania and Bulgaria continue to enhance border security systemsborder security systems

NAFTANAFTA

The goal of the North American Free Trade The goal of the North American Free Trade Agreement (Mexico, USA, Canada) was to Agreement (Mexico, USA, Canada) was to eliminate barriers of trade and investment eliminate barriers of trade and investment between the USA, Canada and Mexico. The between the USA, Canada and Mexico. The implementation of NAFTA on January 1, implementation of NAFTA on January 1, 19941994

NAFTA regulates trade, monitors NAFTA regulates trade, monitors environmental impact of agreement; environmental impact of agreement; trilateral agricultural agreement signed trilateral agricultural agreement signed outside ambit of the WTOoutside ambit of the WTO

NAFTA regulates persons – no free movement NAFTA regulates persons – no free movement of people. Professionals and their of people. Professionals and their immediate families qualify for temporary immediate families qualify for temporary employment (usually 3 years)employment (usually 3 years)

South AmericaSouth America

New kid on (continental integration) block, from which New kid on (continental integration) block, from which Africa can also learn – established May 2008Africa can also learn – established May 2008

Union of South American Nations (USAN)(UNASUL)Union of South American Nations (USAN)(UNASUL)(UNASUR) an intergovernmental, continental union (UNASUR) an intergovernmental, continental union integrating two existing customs unions as part of an integrating two existing customs unions as part of an ongoing process of South American integrationongoing process of South American integration

12 member states, 2 observer states12 member states, 2 observer statesAn important operating condition of UNASUR is that no An important operating condition of UNASUR is that no

new institutions will be created in the first phase, so new institutions will be created in the first phase, so as not to increase bureaucracy, and the community as not to increase bureaucracy, and the community will use the existing institutions belonging to the will use the existing institutions belonging to the previous trade blocs.previous trade blocs.

Patterned on EU model (plans include common currency, Patterned on EU model (plans include common currency, parliament, passport). Further projects – parliament, passport). Further projects – infrastructure co-operation, free movement of people, infrastructure co-operation, free movement of people, economic development planseconomic development plans

Aims for full integration by 2019 – ambitious timetableAims for full integration by 2019 – ambitious timetableSouth American Defence Council: NATO-like structureSouth American Defence Council: NATO-like structure

ASIAASIA

ASEANASEAN. Association of South East Asian Nations, bloc . Association of South East Asian Nations, bloc founded in 1967. “10 Nations, One Vision”, seeks more founded in 1967. “10 Nations, One Vision”, seeks more vigorous role in Asia and global affairs. Commonwealth. vigorous role in Asia and global affairs. Commonwealth. Joins the ASEAN Regional Forum (ARF), a formal, official, Joins the ASEAN Regional Forum (ARF), a formal, official, multilateral dialogue in Asia Pacific region. As of July 2007, multilateral dialogue in Asia Pacific region. As of July 2007, ARF consisted of 27 participants. A comprehensive ARF consisted of 27 participants. A comprehensive investment area, aims to liberalise trade; single aviation investment area, aims to liberalise trade; single aviation market. No free movement of personsmarket. No free movement of persons

SAARCSAARC. South Asian Association for Regional Co-operation . South Asian Association for Regional Co-operation an economic and political organisation, 8 countries, an economic and political organisation, 8 countries, Southern Asia. By population, its sphere of influence Southern Asia. By population, its sphere of influence largest of any regional one, almost 1.5 billion. Established largest of any regional one, almost 1.5 billion. Established December 1985. Seeks to promote wealth, trust, active December 1985. Seeks to promote wealth, trust, active collaboration and mutual assistnace; accelerate growth, collaboration and mutual assistnace; accelerate growth, strenghten co-operation. No free movement of personsstrenghten co-operation. No free movement of persons

Lessons from other worldLessons from other worldeconomic / security communitieseconomic / security communities

Borders need to be consolidated and confirmed between Borders need to be consolidated and confirmed between neighbouring states; align legal and actual positions. neighbouring states; align legal and actual positions. Agree on arbitration (eg ICJ) but move to resolve issueAgree on arbitration (eg ICJ) but move to resolve issue

Contributes to important factor: Enhanced mutual trust levels Contributes to important factor: Enhanced mutual trust levels between each individual state (noted: where there are high between each individual state (noted: where there are high levels of intra-state distrust – no free movement of levels of intra-state distrust – no free movement of persons)persons)

Commence open movement initiatives at sub-regional or Commence open movement initiatives at sub-regional or regional levels, moving eventually to continental levelsregional levels, moving eventually to continental levels

ConclusionsConclusions

Africa lacks the resources to ensure pro-active border control. Most too weak to control 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 their territories, would rather maintain façade of territorial integrity even in the face of non-existent, insecure bordersof non-existent, insecure borders

‘‘Territorial integrity’ exists only in Territorial integrity’ exists only in de iurede iure state, not state, not de factode facto. In effect this adversely . In effect this adversely affects associated ‘sovereignty’. African governments would find it easier to cease 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 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. Europe to facilitate free trade and movement of goods and persons.

Other regional models suggest at least two building blocks – 1. Effective and efficient 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 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 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; situation. This will add to enhanced mutual and regional mutual trust levels; stepping stone to proper regional integrationstepping stone to proper regional integration

Submit that Africa not ready for abolishment of border and frontiers. Augment at the five Submit that Africa not ready for abolishment of border and frontiers. Augment at the five envisaged regional levels, then commence gradual integration one-by-oneenvisaged regional levels, then commence gradual integration one-by-one

At present levels, abolishment will bring about rapid and unsustainable movement of At present levels, abolishment will bring about rapid and unsustainable movement of persons and goods and services from peripheries to centres of economic activity; persons and goods and services from peripheries to centres of economic activity; making for uncontrollable and irreversible conditions; humanitarian disastersmaking for uncontrollable and irreversible conditions; humanitarian disasters

Thank you

Questions?