In 2016, Togo realising that the maritime boundary line between Ghana and Togo has not been formally delimited, decided to actively trigger a dispute by unilaterally notifying Ghana that they do not recognize the existing Customary Maritime Boundary Line that was used and recognized by both states for over 60 years.
Though not agreed nor ratified, both countries worked in harmony on both sides of this customary line without conflict nor dispute. The area formed between the customary boundary and newly applied Meridian boundary line by Togo is therefore considered as the ‘disputed area’ which is now called the Trans boundary area.
As a result of this dispute the Presidents of Ghana and Togo decided to set up a Joint Technical Committee in 2017 to undertake negotiations to resolve the dispute. The Joint Committee met almost a dozen times alternating between Lome and Accra from 2018 to 2022 and several Sub-technical committee meetings. However, after eleven meetings, the negotiations reached a stalemate, and the Ghana team had no option but to escalate the outstanding issues to the Presidency in May 2022.
Clearly defined boundaries are important for emerging offshore challenges which involves seabed mineral deposits, fishing and marine considerations and the blue economy dynamics.
In recent times the possibility of oil and gas licenses overlapping has been the key driver of efforts to resolve such boundary disputes. This is why Ghana has and is currently taking proactive measures to resolve this dispute around the Keta basin on its eastern maritime boundary.
Togo however took advantage of the provisions of UNCLOS to make a case for a defined delimited maritime boundary by refusing to recognise the existing customary boundary line.
Legal settlement of maritime boundary disputes prevents uncertainty for governments and investors and helps for well planned and long-term strategies for use of marine resources by nation-states. This is what Ghana may be pursing in the case of the Ghana/Togo dispute.
Maritime boundary delimitation involves defining the boundaries of a country’s Territorial Sea (TS), EEZ and Continental Shelf. The dispute with Togo is limited to the TS and EEZ.
UNCLOS guidelines for delimiting maritime boundaries are the defined by “the 3-step approach”, which is : a) Start drawing an Equidistance line, b) Adjust for Relevant Circumstances, and c) The Disproportionality Test. In the case of the Ghana/Cote d’Ivoire maritime dispute, ITLOS applied this 3-step approach to resolve the dispute by drawing a final boundary line.
The arbitration procedure is a legal mechanism which is steered peacefully and is stipulated in the UNCLOS for use by conflicting states to settle overlapping claims.
This Arbitration approach initiated by Ghana will therefore in the long-term contribute to the peace and stability of Ghana and the entire region.
This approach will therefore provide the basis for continuous building of a strong bilateral diplomatic relations with Togo based on common cultures, cross-ethnic relations and common languages spoken at both sides along the international boundary of Ghana and Togo.
In a nutshell, international maritime boundary delimitation as prescribed by UNCLOS promotes good governance as emphasized by Sun Tzu’s theoretical writings. This way the arbitration path adopted by Ghana shall protect its national interest and continue to safeguard the peace, security and stability of the state as prescribed in chapter 9 of the National Security Strategy of Ghana.
Emmanuel Kotia PhD
Retired Major General
Former commissioner general of boundary commission
