NATIONAL SECURITY AND THE RIGHT TO INFORMATION: THE CASE OF
MALAWI
A paper presented at Southern African Consultative Conference on National
Security and Right to Information Principles, University of Witwatersrand
Johannesburg RSA.
25 to 26 February 2013
Brigadier General Misheck Colyns Chirwa (rtd)
Coordinator – Centre for Security Studies
Mzuzu University
Malawi
[email protected]
Cell: +265 992 277 000
1
Executive Summary
The purpose of this paper is to analyse some vital aspects of security in Malawi by trying to strike
the right balance between legitimate national security imperatives and the right to and access to
information. This paper further addresses the issue of whether in Malawi the method of secrecy
employed by the government and its security services are legitimate and sustainable in a
democracy. The general practice reveals that Malawi has had no overarching security strategy.
The country has been guided by broad mandates stipulated in the old constitution and much by
directives or party manifesto provided by political leaders. Similarly during multiparty democracy
both presidents from 1994 to 2012 have had in their ways forms of national security strategies
derived from party manifesto. What is clear is that governments in power have had their own
strength and weaknesses in playing a role in the application of security strategy during the period
under review. In this context, generally Malawi has been a weak state where the ruling elites have
used the machinery of government primarily to secure own interests and continuation of their
rule rather than the protection of the state and the people. The concept of national security – the
security of whole socio-political entity has been inapplicable. Malawi has never had an act or
policy on the right to and access to information under pinning collective decisions which would
impact on the national security of the state, the citizenry and their assets.
The legislative
mandates; the Police Act of 1968, Malawi Army Act of 1965 and the Official Secrets Act 1914,
(Amended in 1966) security services all served to draw a veil of secrecy around them. Security
forces
suppressed
the
people
through
widespread
use
of
torture,
assassinations as a result of policy vacuum on the right to information.
imprisonment
and
There is a need for
Malawi to have a realistic assessment of threats to security and a case for secrecy. It is only when
this is done that a balance between legitimate national security imperatives and the right to and
access to information may emerge.
2
Introduction
The question of how countries like Malawi seek to the right balance between legitimate national
security Imperatives and the right to and access to information calls for more attention in order to
be answered.
The right and access to information in Malawi has been problematic since the
country attained independence in 1964. Africa (2009) citing Born & Tuler (2002) concerning
security services that are collectors and custodians of information “whether they have meaningful
role to play in information – saturated societies; whether they are effective in anticipating threats
to national security; and whether their methods are relevant and acceptable, measured against
democratic norms and standards.” The issue which remains in totality is whether governance
arrangement has laid a sufficient foundation for promoting transparency and accountability on
the part of national security and the right to access information. The public’s rights to know are
often viewed as pulling in the opposite direction. As is the desire for most governments to keep
information secret on national security grounds in most cases they only safeguard their own
interests.
Africa (2009) citing O’Donnel and Schmitter (1991:6) argue:
It is characteristic of the transition that …….. The rules of political games are not defined. Not only
are they in constant flux but they are usually arduously contested:
actors struggle not just to
satisfy their immediate interests and or the interests of those whom they purport to represent.
The issue of whether the method of secrecy employed by the government and its security services
are legitimate and sustainable in a democracy or safeguards have been put in place to ensure that
abuses of power are avoided require further investigations. National security is crucial for any
other country in a democracy for it provides policy guidelines that relates to human rights,
political conduct, preservation and protection of the community and the country.
It is the
National Security Strategy that Malawi must assess and address threats either by military or nonmilitary tools.
The threats to Malawi like any other country within the Southern African
Community have become complex and interrelated whilst the numbers of the vulnerable is
growing fast.
Recent trends in Malawi particularly since 1994 when the country attained multiparty democracy
have unveiled a wide range of insecurity to the state and the citizenry ranging from political
instability, border disputes, economic decline, and environmental security to organized crime, and
health among others. For instance, according to Northern Life Magazine (2012) the partition of
the lakes surface area between Malawi and Tanzania that is under dispute is one of these socialpolitical threats. Mijoni (2009) citing CIA (2006) asserts that Malawi is considered one of the least
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developed countries of the world.
Over population in Malawi is putting pressures on public
services like health services and the stress on natural resources.
It is reported that about 6.3 million Malawians live below the poverty line (Phiri et al 2005). The
consideration for situation analysis of national security strategy should therefore address various
security issues and necessitate coordination and cooperation among security actors and security
management bodies. While protecting the state and its citizens from external aggression remains
a major consideration, the most serious threats facing Malawi tend to be those that either derive
from internal causes or are transnational and collective in nature.
In summary security is contextual in that it can be evaluated only in terms of all threats a
country, region or the world face and the situation in which measures are exercised to counter
such threats. Gausi (2012) citing Garnett (1996:12) contends that the definition of security is
being overemphasized. Similarly concepts of national security are hard to define. In this context
national security deals with wide variety of risks about whose probabilities nations have less
knowledge and contingencies whose nature can only be perceived. It is important that national
security must not only emphasize in military prism through armaments but also through human
development, territorial, food and environment Security (Buzan 1998)
1.2 Concept of national security
According to Sarkesian & Cimbala (2003:13) citing Smoke (1987) national security can be defined
as “the study of security problems faced by nations……….
Whereby these problems are
addressed through a governmental process through which the strategies, policies and
programmes are decided upon and carried out.” In citing Fitzgerald (2007) national security is
defined as: “An expression of the combination of fundamental values and goals that a country
seeks to preserve, protect and promote in the conduct of its affairs and operations.”
In this
context, in agreement with Sarkesian et al (2003) there are two dimensions to the definition of
national security, the physical and psychological.
The physical is an objective measure based on the strength and capacity of nation’s security
forces to challenge adversaries.
While the psychological or social is subjective, reflecting the
opinions and attitudes of the civil society willingness to support governments efforts to achieve
human security. However, contextual nature of national security introduces more complications
in an increasingly multi-centric world of nation- states.
For instance the overview of United
States of America’s national security strategy in 2006 by former president George Bush reads:
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“To seek and support democratic movements and institutions in every nation and culture, with the
ultimate goal of ending tyranny in our world. In the world today, the fundamental character of
regimes matters as much as the distribution of power among them. The goal of our statecraft is to
help a world of democratic, well governed states that can meet the needs of their citizens and
conduct themselves responsibly in the international system.
This is the best way to provide
enduring security for America.”
From this standpoint the USA can use various techniques of influencing national security,
ranging from persuasion or offering of rewards to the threats or the actual use of force in its
strategy.
Buzan (1991) argues national security under conditions of ideology rivalry requires
economic, and political security as well as military, in that sense the concept links military and
foreign policy into a combined response to a set of threats across a broad spectrum of political,
economic and military contingencies.
The changing nature of threats to national security, particularly for democratic transitions states
like Malawi, need nationally shared concept of national security strategy.
This should look at
threats that face the country. As noted by Wolfers (1962) “Security in objective sense measures
the absence of threats to acquired values, and in subjective sense, it is the absence of fear that
such values will be attacked. Such definition leaves questions such as whose and which values
might be threatened by whom or what and by which means” Moller (2009) subdivides the
meaning of security into different forms of security as illustrated in table below:
Table 1: Forms of Security
Label
Referent object
Value at risk
Sources of threat
Form of Threat
National security
The state (regime)
Sovereignty,
Other states (sub-state
Military attack
territorial integrity
actors)
Nations societal
National unity,
States migrants
Genocide, ethnic
groups
identity
cultures
cleansing, discrimination
Individuals,
Survival, quality of
The state globalisation
Crime, under-
humankind
life
Environmental
Ecosystem, species,
Sustainability
security
planet
Societal security
Human security
development, terrorism
Source Moller, B. (2009).
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Humankind and
Pollution, warming,
natural disasters
destruction of habitats
Undeniably security should centre on people by finding non-violent solutions to disputes at the
national, regional and internal levels. It will be necessary to carefully specify national interests
and foreign policy posture to influence national security policy.
1.3 The Malawi experience with national security
This part explores the historical background of national security in Malawi. It is presented for the
purpose of understanding the context of national security, and in appreciation of the roles of the
security institutions in the past. Malawi, then called British Protectorate and later Nyasaland,
situated on Eastern and Southern Part of African continent, is surrounded by large countries ;
Tanzania, Zambia and Mozambique.
The country has witnessed considerable conflicts and
instability throughout its history, at the hands of slave traders, colonial rulers and indigenous
rulers on attaining independence in 1964 (Mandiza 2002).
Land locked Malawi surrounded by large countries
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In Malawi what is experienced is often not the preservation, protection and promotion of the
values of the people and the nation, but rather self interests of the incumbent regimes (Moller
2009).
On the physical context Malawi as a landlocked country is largely enveloped by
Mozambique, yet only a third of the country is made of Lake Malawi (Nyasa). This has a bearing
on national security strategy physically, because of the geographical position, size and
topography. This influences a nation’s outlook and capacity as a nation’s power. Location in
particular, is closely tied to the foreign policy of a country. Malawi could be a vulnerable nation
because of its location unless is introduced technology to mitigate some of the factors. In many
cases geographical obstacles to the acquisition of power for a country are costly or impossible to
overcome.(Buzan 1991)
Enveloped Malawi
On the map indicated above, Malawi looks like a fish in the mouth of a big fish
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The origins of national security dates back, from 1891 to 1921 when the army and police
institutions were established. During that period the security agencies were used to protect the
interests of the colonial masters. The police and the army helped discipline workers on European
owned estates. They also enforced racial discrimination to perpetuate the inferior position of the
Africans. During the post-independence and one party rule, 1964 to 1994, the roles and missions
of the security institutions in Malawi had been a continuation of colonial system of national
security. The security institutions (police, intelligence services) were the main effective tools of the
state in carrying out policies of repression. The dawn of multiparty democracy in 1994 brought
some changes in the security system from a state and elite focused view of security to one that
places the citizenry of Malawi as
first to be protected in any form of danger.
Nevertheless
eighteen years after the attainment of Malawi’s inclusive democratic government (1994 – 2012)
not much seems to have changed in terms of a national security strategy of a country. It is the
same old traditional approach to national security issues that is being pursued.
Administratively from 1994 to 2012, the country has experienced a lot of internal causes to
instability. Not withstanding what the current constitution contains on human rights clauses to
be enjoyed by the citizens of Malawi, a recent review of these and other issues has been
articulated by Kanyongolo (2006). The desired democratic tenets such as those of an independent
judiciary, a free press or television broadcast suffer from absolute control by government. As long
as individual political leaders are key to absolute control over the security sector, and as long as it
is seen as a means of building and sustaining power, real protection of the people of Malawi may
remain elusive. The national security of the state and the people will remain a closed system and
compromised (Ball et al 2003 and The Constitution of the Republic of Malawi, 1994).
According to Chirwa (2012) the general picture in the literature review reveals that Malawi has
had no overarching security strategy.
The country has been guided by broad mandates
stipulated in the constitution and much by directives or party manifesto provided by political
leaders from time to time. For instance during Dr. H.K. Banda’s era as life president of Malawi
(1964 to 1993) the country and the people of Malawi had to abide by the four corner stones of the
ruling Malawi Congress Party (MCP) manifesto:
Unity, Loyalty, Obedience, and Discipline.
Security forces and other security services were used, coercively, to serve the interests of the few
in power rather than the legitimate security needs of the people of Malawi.
Similarly, during multiparty both presidents; Dr. Bakili Muluzi and Dr. Bingu Wa Mutharika
(1994 to 2004 and 2004 to 2012) respectively have had in their own ways forms of security
strategy derived from party manifestos. What is clear is that the actual forms of government in the
past up to the present have had their own strengths and weaknesses in playing a role in the
application of national security strategy for Malawi. To this end Malawi has been a weak state,
8
where the ruling elites have used the machinery of government primarily to secure the
continuation of their rule.
The concept of national security – the security of a whole socio-political entity has been
inapplicable. For instance during Dr. H.K. Banda’s authoritarian rule, suppression of opposition
political parties through the widespread use of torture and imprisonment and assassinations, the
violent suppression of political expression and forced firing of government officials was the order
of the day. The government weakened the security services by creating divisions, established elite
units such as Malawi Young Pioneers (MYP) known as “termites” and fueling rivalry between, the
police and the army.
The government restricted in various ways individuals’ freedom and
initiatives by formulating highly organized security institutions as watch dogs against any dissent
(Collins 2009).
During the current democratic system of governance by comparison requires security strategy by
consensus – building and persuasion in an open pluralistic society. Apparently this might not be
the case for the security strategy of the country. The transition to multiparty democracy and the
political leaders in Malawi have retained control of the state, through careful manipulation of
internal opponents. This has involved monopolizing and controlling the media. For instance the
case of Malawi Broadcasting Corporation, and Television Malawi as already alluded to. Co option
of the opposition members to the ruling party, the case as away to suppress and weaken it and
ganner the much needed support form them.
This is common of the parties that have been in power in Malawi. Likewise during the reign of Dr.
Bakili Muluzi and Dr. Bingu Wa Mutharika, on many occasions they favoured certain groups of
people in the allocation of resources and oppressed the minorities for instance northerners in
Malawi (Tumbuka) who were viewed as hostile. Appointment of members of own ethnic group to
positions of power, such as Treasure General, Reserve Bank Governor, Director of Malawi
Revenue, Inspector General of Police were characteristic of the second four year term of Bingu Wa
Mutharika. According to Chirwa (2012) Malawi may have a sound democratic system that has
little in common with actual national security strategies for a modern multiparty government
system.
However the opening of political space with the current leadership is an opportunity for a major
strategic moment in the advancement towards the countries national security strategy. There is a
window of opportunity to place national security policy to have an entry point and be locally
owned by the people. The current President Joyce Banda in her speech during nation address on
18th May 2012 emphasized the need for Malawi to develop a national security policy. She defined
security as the provision of basic human needs and freedom for the vulnerable groups. By and
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large the citizenry in Malawi, their altitude toward, and expectation of what the government is to
do and how best they can be involved is being reflected by the political leadership (Namathanga
2012).
1.4. The Malawi experience on access to information
This part explores the tenuous and increasingly complex and critical relationship between
national security and right to information in Malawi. According to Collins (2009) security is a
fundamental goal of all states and to support that search for security governments collect and
releas information.
Information, whether from a product, process or people, involves collecting
and analyzing from the domestic and international environment.
The resulting information is
used by decision makers of governments for the good of the state and its people.
Governments,
businesses and the people are all driven by the need for and availability of information, as well as
by the need to keep information away from others (Collins 2009).
It is pertinent to note that events on the right to information in this paper are discussed within
the political situation from the time of authoritarian rule of Dr. H.K. Banda (1964 to 1993) a
period of dictatorship characterized by excessive government secrecy and to the emergence of
Democracy from 1994 to the present time.
The situation provides some lenses on what was
happening in the period under review in terms of policy changes by the various governments
(Shawa 2012).
Malawi has never had a policy on access to information underpinning collective decisions which
would impact on the national security of the state, the citizenry and their assets since
independence in1964. In the literature on the relationship between secrecy and transparency in
the authoritarian rule, the history of access to public information held by the State and its organs
in Malawi has been symptomatic of the country’s political and economic history. The one party
system of government did not make provision for access to public information as a right. The
government of Dr. Banda adopted and inherited the colonial policies and laws. The numerous
policies and laws emphasized confidentiality and official secrecy (Kanyongolo 2012; Africa 2009).
The 1994 Constitution marked a radical departure from this position by hastely providing that
access to public information held by the State and any of its organs as a human right. During
this period the security services and other organs of the State were untouchable from public
scrutiny. The old Police Act of 1967, the Malawi Army Act 1965 and the official Secret of 1913,
security services served to draw a veil of secrecy around them.
As explained in the previous
sections, the security forces suppressed the people through widespread use of torture
imprisonment and assassination as result of policy vacuum on right to information and freedom
10
of expression.
This was the case given the secrecy surrounding the security services and the
potential for abuse of such secrecy and lack of transparency.
Despite attaining multiparty system of government in 1994 and enacting the democratic
constitution which was published in the government gazette on 16 may 1994, whereby the
constitution has specific provision on access to information in its section 37 that reads:
“Subject to any Act of Parliament, every person shall have the right to access to all information
held by the state or any of its organs at any level of Government in so far as such information is
required for the exercise of his rights.” No leader in Malawi has ever adhered to all or some of
these clauses. Most contentions with Malawi leaders have been the issue of assets declaration,
which seem to many as a thorn in the fresh.
Sentala (2008) citing the Constitutions of the Republic of South Africa (1994) which put a specific
time frame when the Act of Parliament would be passed, the Malawi Constitution does not provide
for a time frame within which the enabling Act would be passed. The absence of such time frame
has created laxity amongst government officials on the need to enact the Access to Information
Act in Malawi.
After its first draft in 2003 by the Media Institute of Southern Africa (MISA
Malawi), the bill has not been tabled in Parliament.
According to Sentala (2008) the Bill was
supposed to be officially presented to the relevant ministry (in this case Ministry of Information
and was done) which would in turn present to the Ministry of Justice and then to Cabinet before
its final presentation for deliberation to Parliament. When the researcher contacted the Ministry
of Information at the time of writing this paper, the Bill was still being revised by the Ministry.
Consequently Malawi does not have any policy on access to information about the information it
holds or generates. Surprisingly the Intelligence Services have no intelligence Act and operate
under the Presidential decree.
In this regard policy makers of the new political order in the
multiparty democracy have not reflected the implications of transparency of the Intelligence
Services in Malawi. They operate illegally and it is not clear what information created or held
need to be protected by them. This displays a significant continuity of the 30 year authoritarian
rule of Dr. H.K. Banda. The current situation is that there is serious concern that the National
Intelligence Bureau needs a legal mandate.
1.5 Balancing between national security imperatives and the right to and access to
information.
National security is crucial for any country in a democracy. It is this broad framework in which
security policy guidelines will be realized, relating to human rights, political conduct, and for the
preservation and protection of the community and the country. In tandem with this view, Africa
11
(2009) adds that access to information is recognized as a basic human right in several
International Covenants. Africa (2009) further cites D’Souza (1999) and contends that
International law permits governments to legislate in favour of the protection of states secrets and
several International Covenants which promote freedom of information by subjecting this right to
certain qualifications.
Access to public information is essential for democratization and development. In Malawi access
to public information is supposed to guarantee by law. However in practice, access to information
is reported to be difficult due to a range of obstacles as discussed above. In Malawi the most far
reaching barriers that obstruct access to public information are old policies and laws. None of the
policies, laws and statutes that impede access to information have been subjected to judicial
challenge for consistency with the constitutional guaranteeing of the right to access public
information of 1994 (Kanyongolo 2012 and Africa 2009).
Likewise Kanyongolo (2012) further asserts that although the constitution of Malawi establishes
the basis for citizens to demand access to public information, challenges remain with respect to
users of the information. Mostly this includes low levels of formal education attainment many
individuals to know and understand possible content of public information held by the State.
In conclusion, it is important for the government of Malawi to enact the access to information bill
into law and repeal and/or amend all laws that impede efficient and effective access to public
information. The government should also adopt and implement the access to information policy.
Before multiparty democracy in 1994, the Malawi state was secretive and was subjected to laws
which contained severe penalties for disclosure of state secrets (See Annex 1). The constitutional
right to access to information coexists uneasily with the laws and administrative instruments
designed to protect and filter classified information. These laws are vestiges of the authoritarian
era as indicated in annex 1, which empowers public officials to restrict access to information even
though this new dispensation of multiparty democracy cannot progress under such archaic laws.
This calls for new thinking and new ways of doing things if access to information is to be fully
realized.
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References
Africa, S. (2009) Well-kept secrets, the right of access to information and the South African
Intelligence Services, Midrand: Institute for Global Dialogue
Africa, S. (2009) Governing Intelligence in the South, African Transition, and Possible Implications
for Africa, Wits University Press RSA.
Ball, N. and Fayemi J.K. (Ed) (2003) Security Sector Governance in Africa: Ahand Book. Institute
for Security Studies Pretoria R.S.A
Buzan, B. (1998) People, States and Fear: The National Security Problem in the Third World:
Chapel Hill; University of North Carollina
Chirwa, M. (2012) National Security Policy and Implications for the Security Sector in Malawi,
Report of Course Proceedings: Capital Printing Press, Lilongwe Malawi
Collens, A. (2009) Contemporary Security Studies. OUP Oxford University. UK.
Fitz-Gerald, A. (2007) In the name of National Security: is Britain Well Served? Addressing the
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University
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Zomba
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Government of Malawi (1965) The Malawi Army Act Chapter 12:01. Government Print, Zomba
Government of Malawi (1966) The Official Secret Act Government Print. Zomba
Kanyongolo, F.E. (2006). Malawi Justice Sector and the Rule of Law, Johannesburg: Open
Society Institute.
Kanyongolo, F.E. (2012). A draft Research Report: Obstacles to Access to Information in Malawi,
Zomba Malawi.
Mijoni, P. (2009) Disaster Prevention and Management. An International Journal Vol 18 No.5
Emerald Goup Publishing Limited. UK.
Namathanga, P. (2012) Concept of Security and Security Sector. Report of Course Proceedings:
Capital Printing Press, Lilongwe Malawi.
Phiri, I.M.G. and Saka, A.R. (2006) The Impact of Changing environmental conditions on
vulnerable communities of the Shire Valley, Southern Malawi Climate Change and
Small holder farmers in Malawi: Understanding poor people expenses in climate
change adaptation. Action Aid
Sentala, K.S. (2008) Access to Information Legislation in Malawi: A paper presented at the African
Network for Constitutional Lawyers Symposium. University of Cape Twoen (UCT).
Shawa, B. (2012) a Deliberative Democracy Perspective to Governance in Malawi: The Challenge
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Lilongwe Malawi.
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Processes and Politics. London: Lynne Preinner Publishers.
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Annex 1 Summary of Statutory Barrier to Access to Information
Statute
Provision that acts as Barriers to access
Banking Act (1989)
Except when in the performance of his duties or the exercise of
his functions, or when required to do so by any court or under
any law, neither any inspector appointed under section 12 or 22
nor any person appointed as advisor under section31 (1) (d) nor
any director, manager, officer or employee of the Reserve Bank,
shall disclose any information relating to the business of any
bank or financial institution which he has acquired in the
performance of his duties or the exercise of his functions.
The Reserve Bank may publish in whole or in part in such form
and at such time as it may deem fit, any information or data
furnished or collected under this Act: Provided that no
information or data which might disclose the particulars of a
bank or financial institution or a customer of such bank or
financial institution, shall be published unless the consent of
such bank, financial institution or customer, as the case, has
been obtained.
Capital Market Development
(1990)
Officials and personnel of a self-regulatory organization shall
maintain secrecy regarding any information which they have
obtained as a result of performance of their functions or
otherwise, and shall not use the knowledge of such information
for themselves personally or for others, whether in anyway
related or totally unrelated to the capital market.
Criminal
Procedure
Evidence Code (1967)
If any person affected by any judgment or order passed in any
proceedings under this Code desires to have a copy of the
judgment or order or any deposition or other part of the record,
he shall on applying for such copy be furnished therewith upon
payment of such fee as may be prescribed by the Chief Justice
from time to time.
and
Defence Force Act (2004)
No person subject to military law under this Act who lacks
authority, shall disclose any information which is or appears to
be “information useful to the enemy either directly or indirectly.
National Assembly (Powers
and Privileges) Act (1957)
No stranger shall be entitled, as of right, to enter or to remain
within the precincts of the Assembly and the Speaker may at
any time order him or her to withdraw from the precincts of the
Assembly
Official Secrets Act (1913)
It is a criminal offence to disclose (i) any secret official code
word, or pass word, or any sketch, plan, model, article, note,
document, or information which relates to or is used in a
14
“prohibited place” or (ii) anything in such a place, or which has
been made or obtained in contravention of this Act, or which
has been entrusted in confidence to him by any person holding
office under the Government or (v)which he has obtained or to
which he has had access owing to his position as a person who
holds or has held office under the Government.
Preservation
of
Security Act (1960)
Public
The Minister is empowered to prohibit the publication and
dissemination of any matter which appears to him to be
prejudicial to public security, and to authorize the regulation
and control of the production, publishing, sale, supply,
distribution and possession of publications;
Protected Places and Areas
Act (1960)
The Minister, in his discretion, may, require an occupier of any
place declared by the Minister to be a “protected place or area”
to take such steps as the Minister, in his discretion, may deem
necessary in the public interest for the safeguarding of
information relating to such place or area. , or for the security of
any classified information or document which may be furnished
to such occupier in his capacity as such, by any public officer.
Reserve Bank of Malawi Act
(1989)
Except when in performance of his duties, no director, officer or
employee of the Bank shall disclose any information relating to
the affairs of the Bank or of any bank, financial institution,
company or individual which he acquired in the performance of
his duties or the exercise of his functions under this Act
Treaties and Conventions
Publication Act (1984)
Treaties and other international agreements shall be officially
published in English and only the English version shall be
regarded to be the authoritative version of the treaty or
agreement in question.
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