[ 2015-04-27 ]

Times to get harder for Cote d’Ivoire – Tsatsu Tsikata predicts
Former Chief Executive of the Ghana National
Petroleum Corporation (GNPC), Tsatsu Tsikata says
Saturday's ruling on Cote d'Ivoire's application
for injunction in the maritime dispute with Ghana
has put the Ivorians in an even more difficult
position.

He said although the substantive case is yet to be
heard, the ruling which refused Cote d'Ivoire the
provisional measures it sought from the
International Tribunal on the Law of the Sea
(ITLOS) has further strengthened Ghana's position
and weakened that of Ivory Coast.

Côte d’Ivoire's request for the provisional
measures was submitted to the Special Chamber of
ITLOS On 27 February 2015. It requested the
Special Chamber to prescribe provisional measures
requiring Ghana to:

(1)take all steps to suspend all ongoing oil
exploration and exploitation operations in the
disputed area;

(2)refrain from granting any new permit for oil
exploration and exploitation in the disputed
area;

(3) take all steps necessary to prevent
information resulting from past, ongoing or future
exploration activities conducted by Ghana, or with
its authorization, in the disputed area from being
used in any way whatsoever to the detriment of
Côte d’Ivoire;

(4) and, generally, take all necessary steps to
preserve the continental shelf, its superjacent
waters and its subsoil; and

(5) desist and refrain from any unilateral action
entailing a risk of prejudice to the rights of
Côte d’Ivoire and any unilateral action that
might lead to aggravating the dispute.

At a public hearing, Ghana requested the Special
Chamber to refuse Cote d'Ivoire all the
provisional measures.

The Tribunal largely agreed with Ghana but granted
one of the requests partly.

It said, "Ghana shall take all necessary steps to
prevent information resulting from past, ongoing
or future exploration activities conducted by
Ghana, or with its authorization, in the disputed
area that is not already in the public domain from
being used in any way whatsoever to the detriment
of Côte d’Ivoire."

Speaking on the ruling on Joy FM's Super Morning
Show Monday, Tsikata explained that out of the
five provisional measures requested by Ivory Coast
from the Tribunal, only one was granted and even
that was partially granted.

According to the legal luminary, while the
substantive matter is still pending, Cote
d’Ivoire has little to salvage because of a
damaging position put forward by Ghana.

Tsatsu Tsikata said Cote d’Ivoire has not been
able to contest by evidence, the hitherto
undisturbed history of the maritime boundary
between the two neighbours.

Ghana's Minister of Justice and Attorney-General
had argued on the history saying;
“Ghana and Côte d’Ivoire share a maritime
boundary which has been mutually recognized for
decades in numerous ways, although not formally
delimited. This customary boundary is based on
international law.

"Equidistance has been recognized by both sides as
the basis for it. Mutual recognition of the border
predates UNCLOS and it has been recognized for
nearly three decades since".

"The equidistance based maritime boundary has been
relied upon across a range of maritime activities.
Ghana and Côte d’Ivoire have repeatedly
represented to the world, over many years,
including oil companies, that this is where the
boundary lies and they have relied on that. Acts
and documents under the hand of the founding
President of Côte d’Ivoire, Felix
Houphouet-Boigny".

On the basis of this, Tsatsu Tsikata wondered why
Ivory Coast could seek to disturb this historical
understanding dating back to when the French
colony became independent under Félix
Houphouët-Boigny.

He cited situation where Ghana has had to seek
permission whenever a seismic vessel needed to
make a turn around the boundary which invariably
pushed the ship into foreign waters.

The permission has always been granted, meaning
Cote d’Ivoire knew and has always known, where
the boundary lies.

In essence when the substantive case is heard Cote
d’Ivoire will have “even harder time on the
merits of the case”, Tsikata assessed.

Source - Joy News

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