Museveni's ocean access claim: What international laws say

Ugandan President Yoweri Museveni’s claim of Kenya’s territorial waters of the Indian Ocean has sparked debate among maritime analysts and citizens of the two countries.

President Museveni warned of future wars between landlocked nations and their neighbours if they are denied access to the sea, in what was interpreted as a threat to Kenya.

However, maritime analysts in Mombasa say the United Nations Convention on the Law of the Sea (UNCLOS) guarantees landlocked countries access to the sea. However, they argue that while UNCLOS is a comprehensive legal instrument, its provisions regarding landlocked states remain among the least invoked and least understood. 

For Uganda, Rwanda, Burundi, South Sudan, and Ethiopia, which rely on their neighbours for access to maritime trade, the provisions of UNCLOS are far from mere legal curiosities.

Rather, the provisions represent vital economic lifelines that, if fully implemented, have the potential to transform the region’s development trajectory.

According to the former Seafarers Union of Kenya (SUK) General Secretary Andrew Mwangura, UNCLOS is unequivocal in its recognition of the rights of landlocked states. 

“Part X of the convention establishes a clear legal foundation that goes beyond goodwill or diplomatic generosity,” said Mwangura.

Article 125 also explicitly states that landlocked states shall have a right of access to and from the sea for the purpose of exercising their rights under the UNCLOS. For instance, the provision allows Uganda to participate in the freedom of the high seas and obligates Kenya to the common heritage of mankind.

Uganda’s right is not discretionary. It is an obligation placed upon Kenya to cooperate through bilateral, regional, or international agreements to make access for Ugandan trade meaningful.

Critically, said Mwangura, UNCLOS underscores the principles of mutual benefit and non-discrimination.

He said transit arrangements must not impose customs duties, taxes, or other charges beyond those for specific services rendered. Landlocked states are entitled to treatment no less favourable than that accorded to other foreign ships or goods.

“These principles offer a powerful platform for building fair, efficient, and competitive logistics corridors in East Africa. Yet the gap between what the convention guarantees and what regional practice delivers remains wide and persistent,’’ he said.

He observed that for East African political leaders, the path forward demands more than aspirational rhetoric about regional solidarity.

‘’It requires institutionalising cooperation in ways that give operational meaning to international law. Establishing permanent joint commissions between landlocked and coastal states should be an immediate priority. Such bodies must be empowered to monitor transit facilitation, ensure accountability, coordinate infrastructure development, and resolve disputes swiftly,’’ Mwangura said.

Mombasa-based Heritage advisor Alawy Abzein said recent remarks attributed to President Museveni should not be mistaken for incitement to war.

“The distance to the Indian Ocean from Uganda to the Kenyan coast is shorter than that from the Pearl of Africa nation through Tanzania to its coast. Over time, Ugandans have interacted more freely with Kenyans than with Tanzanians and have even gone so far as to intermarry more frequently. Uganda has invested more assets locally than it has in Tanzania and to date relies more on its imports and exports through the Port of Mombasa,” Abzein said.

Mwangura averred that Kenya and Tanzania, as the region’s primary coastal gateways, must acknowledge that facilitating access for landlocked neighbours is not an optional act of goodwill.

He said it is both a legal obligation and an economic opportunity, promising increased port activity, predictable transit revenues, and deeper regional integration.

He said that modern ocean access extends well beyond port gates. 

‘’It now incorporates digital infrastructure, harmonised regulatory systems, and simplified cross-border procedures. The Northern Corridor and Central Corridor initiatives illustrate what is possible when cooperation is intentional. Yet outdated bureaucratic procedures, arbitrary fees, and regulatory inconsistencies continue to inflate transport costs, suppress trade competitiveness, and erode public trust,’’ he said.

Mwangura argues that the region’s leaders must accelerate implementation of the WTO Trade Facilitation Agreement, expand one-stop border posts, and deploy interoperable electronic cargo tracking systems. 

These reforms reduce both transit delays and opportunities for corruption—an outcome beneficial to all states, whether coastal or landlocked.

He said Ethiopia’s loss of direct coastal access after Eritrea’s independence and South Sudan’s emergence as the world’s newest landlocked nation highlight the strategic vulnerabilities inherent in maritime dependence. 

“Such vulnerabilities should prompt coastal states to view their geographic advantage not as leverage for extracting concessions, but as a platform for building durable, mutually beneficial partnerships,” said Mwangura.

“Uganda’s investments in the Standard Gauge Railway and inland container depots reflect the proactive stance landlocked states must take.”