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Migingo Island

Coordinates: 0°52′59″S 33°56′20″E / 0.88306°S 33.93889°E / -0.88306; 33.93889
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Migingo Island
Map
Other namesBugingo, Ugingo
Geography
Coordinates0°52′59″S 33°56′20″E / 0.88306°S 33.93889°E / -0.88306; 33.93889
Demographics
Population500

Migingo (also called Bugingo or Ugingo) is an island in Lake Victoria which is claimed by both Kenya and Uganda. The island is shown to be north of Pyramid Island according to Google Earth maps. Both the Ugandan Constitution of 1995 and the Kenyan Constitution of 1963, quoting the 1926 Kenya Colony and Protectorate (Boundaries) Order in Council, agree that the boundary passes on the westerly most point of Pyramid Island[1]. In May 2009, Ugandan president Yoweri Museveni while delivering an adress at the University of Dar es Salaam reiterated that the island is used by Kenyan fishermen to fish in Ugandan waters. This off-the-cuff comment has since been taken on by many Kenyans as evidence that the island is Kenyan.[2]. President Museveni has since clarified that he was misunderstood. Uganda maintains a police presence on the island even though the Ugandan national flag was lowered as a sign of goodwill.

A joint re-demarcation of the border was launched on June 2nd 2009 to recover and place survey markers on land and beacons in the water. The boundary around Migingo has been agreed upon by the joint team. The exercise however hit a snag when the Kenyan team said it was not necessary to erect the beacons, arguing that it is 'normal' for a survey to be done and beacons not be erected. Reports later emerged that the major sticking point is the insistence by the Kenyan team that Migingo is 'scientifically' an extension of Pyramid island.They have since proceeded to gather 'scientific evidence which shows' that the island extended a further 510 meters west of Migingo into Uganda. This was in contravention of both the Uganda Constitution of 1995 and the Kenyan Constitution of 1963, as well as the Kenya Boundaries (Protectorate)Order in Council 1926 from which both constitutions draw authority. All three documents state that the boundary passes on the westerly most point of Pyramid Island.

As a result of these developments the Uganda team returned to Kampala for consultations. They are expected to rejoin their Kenyan colleagues to finalise the exercise.

Geography

The island has a population of about 500 (estimates vary), mostly fishermen and fish traders, who are served by four pubs, a number of brothels and a pharmacy on the island[3] [3] A rocky and rugged piece of land with little vegetation, Migingo is one of three small islands in close proximity; much larger Usingo Island is 200 meters to the east, and Pyramid Island, the largest of the three, is two km to the south and 11 km north of the Tanzania border in Lake Victoria. [4] The boundary delineation in that 1926 agreement and the Ugandan constitution state that the boundary line runs to "the westernmost point of Pyramid Island...... thence continuing by a straight line northerly to the most westerly point of Ilemba Island." A line connecting those two points runs 550 meters west of Pyramid Island, placing Migingo within Uganda. [5]

Because water levels in Lake Victoria in 1926 were considerably higher than they are right now, Migingo was always a little more than a rock protruding out of water. This explains why there were no settlements on the island despite its rich fishing resources. [6] Recent photographs clearly show the island reaching 15 meters above the lake level. [7] [8]

History

Two Kenyan fishermen, Dalmas Tembo and George Kibebe, claim to have been the first inhabitants on the island. When they settled there in 1991, the island was covered with weeds and infested with birds and snakes.[9] Joseph Nsubuga, a Ugandan fisherman says he settled on Migingo in 2004, when all he found on the island was an abandoned house.[10]

Subsequently other fishermen, from Kenya, Uganda and Tanzania, came to the island because of its vicinity to fishing grounds rich with Nile Perch. As a result of this and the fact that Migingo is nearer to the Kenyan hinterland than Uganda, many Kenyan fishermen have failed to sort out the issues of proximity and occupancy as determining factors of sovereignty. [9]

Uganda-Kenya dispute

In June 2004, according to the Kenyan Government, Ugandan marine police came and pitched tents on the island, and raised the flag of Uganda and that of their police department. Ugandan and Kenyan Police have since occupied the island at various times.[11]

A dispute flared in February 2009 when Kenyans living on Migingo were required to purchase special permits from the Ugandan Government, [12] sparking a diplomatic row between the two countries.

A Ugandan Government press release on 12 March 2009, proposed that the matter be resolved by a survey, using as a guideline the boundaries set by the Kenya Colony and Protectorate Order in Council, 1926 which is copied into the Ugandan constitution and which identifies the boundary line as tangentally touching the western tip of Pyramid Island, and then running in a straight line just west of due north to the western tip of Kenya's' Ilemba Island. [13]

On March 13 several ministers, including the foreign affairs ministers, Moses Wetangula of Kenya and Sam Kutesa of Uganda, met in Kampala and reached an agreement that the fishermen from both countries be allowed to continue conducting business as usual, until the boundary was determined by experts. They also agreed that Uganda withdraw the 48 policemen it had deployed on Migingo.[14]

On March 27 Ugandan and Kenyan ministers traveled to Migingo where they held negotiations and addressed the residents. This ended in a row, with the Ugandan First Deputy Prime Minister Eriya Kategaya taking issue with the Kenyan Minister for Lands, James Orengo, who referred to the Ugandan delegation as 'hyenas' during the meeting. The Kenyan delegation demanded that Uganda withdraw its police. The Ugandan delegation insisted that they would remove the flag only after consulting State House (the Office of the President of Uganda), and that the Ugandan policemen were there to keep law and order. Kenya's Internal Security Assistant Minister, Orwa Ojode, replied that he would be sending Kenyan police to the island.[15]

Amidst concerns that the dispute may affect cooperation between the two countries and within the East African Community, both President Yoweri Museveni of Uganda and Mwai Kibaki of Kenya have voiced confidence that the dispute will be resolved amicably[16][17].

References

  1. ^ http://www.law.fsu.edu/library/collection/LimitsinSeas/IBS139.pdf
  2. ^ BBC World Service report
  3. ^ a b Howden, Daniel (23 March 2009). "Migingo: Big trouble on small island". The Independent. Retrieved 5 April 2009. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  4. ^ http://www.law.fsu.edu/library/collection/LimitsinSeas/IBS139.pdf
  5. ^ http://www.law.fsu.edu/library/collection/LimitsinSeas/IBS139.pdf
  6. ^ http://www.ugpulse.com/articles/daily/homepage.asp?ID=306
  7. ^ http://www.independent.co.uk/multimedia/archive/00153/island-one_153042s.jpg
  8. ^ http://www.monitor.co.ug/artman/uploads/1/news2_9.jpg
  9. ^ a b Mayoyo, Patrick (11 March 2009). "Long-standing struggle for Migingo to be discussed". Daily Nation (Kenya). Retrieved 5 April 2009. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  10. ^ Olupot, Milton. "Ugandan settled on Migingo in 2004". New Vision (Uganda). Retrieved 5 April 2009. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  11. ^ "Kenya, Uganda to withdraw from disputed island: Nairobi". Reuters. 17 March 2009. Retrieved 5 April 2009. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  12. ^ Oluoch, Nick (7 March 2009). "Uganda slaps work visas on Kenyans in Migingo". The Standard (Kenya). Retrieved 5 April 2009. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  13. ^ Opolot, Fred (12 March, 2009). "Migingo Island Press Release". Uganda Media Centre. Retrieved 5 April 2009. {{cite news}}: Check date values in: |date= (help)
  14. ^ Otieno, Daniel (29 March 2009). "Migingo now a different kettle of fish". Daily Nation (Kenya). Retrieved 5 April 2009. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  15. ^ Otieno, Daniel (28 March 2009). "Migingo talks turn stormy". Retrieved 5 April 2009. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  16. ^ "Museveni: Migingo row a shame". The Standard. 15 March 2009. Retrieved 5 April 2009. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  17. ^ "Kibaki: We will resolve Migingo". Daily Nation. 26 March 2009. Retrieved 5 April 2009. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)