In, Out or at the Gate? The Predicament on Eritrea's Membership and Participation Status in IGAD

• Published in: Journal of African law Vol. 59; no. 2; pp. 355 - 379
• Main Author: Andemariam, Senai W
• Format: Journal Article
• Language: English
• Published: Cambridge, UK Cambridge University Press 01-10-2015
• Subjects: Africa; Eritrea; Intergovernmentalism; International agreements; International organizations; Law; Memberships; Regional politics; Treaties; Eritrea
• ISSN: 0021-8553; 1464-3731
• DOI: 10.1017/S0021855315000091

On 27 April 2007 Eritrea notified the Intergovernmental Authority on Development (IGAD) of its decision to “temporarily suspend its membership” and “freeze its activities” in IGAD followed on 25 July 2011 by its decision to “reactivate its membership.” On 24 August 2011 Eritrea's representative to the IGAD Council of Ministers meeting in Addis Ababa was informed that he could not sit in the meeting and was escorted out. Eritrea's representatives have not attended IGAD meetings since. The incident raises the important question of what should be done in the absence of an IGAD rule regulating unilateral temporary suspension and reactivation of membership. The answer should be based on a clear understanding of the laws and practices of withdrawal, suspension, expulsion, membership reactivation and rejoining international / regional organizations. This article discusses how the stalemate regarding Eritrea's status in IGAD should be handled by reference to such laws and practices, and the rules in the Vienna Convention on the Law of Treaties governing the interpretation of treaties.