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INT-BOUNDARIES  2006

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Subject:

Re: Nigeria / Cameroon Bakassi

From:

Maurice Mendelson QC <[log in to unmask]>

Reply-To:

Maurice Mendelson QC <[log in to unmask]>

Date:

Wed, 23 Aug 2006 13:03:28 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (184 lines)

Some of what is said in this piece is very inaccurate, but as counsel for 
Cameroon in the ICJ proceedings I can only be pleased that the ICJ's ruling 
has been complied with.  For what I hope is a pretty fair and impartial 
account of the legal aspects of the dispute, can I, with appropriate modest 
blushes, refer to my article in 75 British Year Book of International Law 
(2004), 223-47?

Unfortunately, when land boundaries are settled there can sometimes be 
effects on people who have settled on the "wrong" side of it.  Let us hope 
that the good intentions of the protagonists here to minimize the negative 
effects get translated into action on the ground.

Regards,

Maurice Mendelson

  At 11:38 23/08/06, Devashish Krishan wrote:
>"urn:schemas-microsoft-com:office:office" xmlns:w = 
>"urn:schemas-microsoft-com:office:word">
>
>An article re. the Cameroon v Nigeria (Equitorial Guinea intervening) ICJ 
>judgment.
>
>Regards,
>
>_________
>Devashish Krishan
>Baker Botts
>41 Lothbury | London EC2R 7HF | U.K.
>Phone - +44 (0)207 726 3419
>Fax - +44 (0)207 726 3519
>
>
>----------
><http://allafrica.com/stories/200608170110.html>http://allafrica.com/stories/200608170110.html
>
>Bakassi - Now the Real Problem Begins
>
>This Day (Lagos)
>EDITORIAL
>August 17, 2006
>Posted to the web August 17, 2006
>Lagos
>
>At last, Nigeria has ceded Bakassi Peninsula to Cameroon after more than a 
>decade of diplomatic wrangling which was sometimes blighted by armed 
>conflicts. The next challenge is to resettle people uprooted from what 
>they have long seen as their home writes Paul Ohia
>
>When the Nigerian government made known its intention to withdraw from the 
>disputed oil-rich Bakassi Peninsula following the October 10 2002 ruling 
>of the International Court of Justice, the international community hailed 
>the move. The withdrawal which was completed Monday in Archibong Town, 
>previously in Cross River State, has however cast doubts on the 
>government's preparedness to cushion the effects of the judgement by 
>properly resettling those affected.
>
>It has been pretty chaotic in terms of managing the fallout. As at Monday, 
>families were unsure what the future holds for them. There were 
>conflicting reports as to whether work is going on at the proposed 
>resettlement site in Akpabuyo local government area of Cross River State. 
>Presidency sources say five centres are under construction but those 
>affected deny it. The residents were given a number of options - to either 
>return to Nigeria, remain in Cameroon while retaining their Nigerian 
>citizenship or acquire a Cameroonian citizenship. It is estimated that at 
>least 100,000 people are affected by the judgement.
>
>A group that calls itself the Bakassi Movement for Self-Determination 
>declared independence two weeks ago, waving the territory's new blue and 
>white-striped flag at an independence ceremony it called at Ekpot Abia, 
>which was among the land scheduled for hand-over.
>
>"The people have declared their own republic!" said the group's leader, 
>Tony Ene, to the crowd. Ene claims to speak for all the Peninsula's 
>estimated 150,000 - 300,000 population, though only a few hundred turned 
>out for the special ceremony.
>
>Despite this protest and few court cases within Nigeria to protest the 
>hand-over, Nigeria went ahead with the plan. Ene has since gone under as 
>security operatives have commenced a crackdown on the group.
>
>A presidential committee charged with the responsibility of finding a new 
>home for them was inaugurated three months ago. But it appears little has 
>been achieved. THISDAY investigations reveal that some affected persons 
>originally from Bayelsa, Rivers and Akwa-Ibom have since returned home. 
>The result is that there are displaced returnees with no tangible means of 
>livelihood. But the greater per cent of the inhabitants have yet to find 
>alternative homes.
>
>The problem at the moment is that the government does not seem to realise 
>the magnitude of the humanitarian disaster this could cause. According to 
>the Special Assistant to the President on Migration and Humanitarian 
>Affairs, Mrs Moremi Soyinka-Onijala, "it is a huge task and I understand 
>the Bakassi local government is up to almost half a million people. I pray 
>we will get the resources to carry on this huge task and maybe some of our 
>foreign friends will help."
>
>It is evident that the government needs to act fast. How did Nigeria get 
>here?
>
>The present exercise is in order with the ruling of the ICJ on the 10th of 
>October 2002 which vested the sovereignty of Bakassi on the Cameroonian 
>authorities after several bitter disputes between security forces of both 
>countries leading sometimes to death of soldiers.
>
>Consequently, President Olusegun Obasanjo and his Cameroonian counterpart, 
>Paul Biya had at the instance of the United Nations (UN) Secretary 
>General, Kofi Annan on June 12 this year, signed an agreement requiring 
>Nigeria to begin withdrawal within 60 days of the agreement.
>
>Nigeria has been in de facto control of this peninsula since colonial 
>times. For decades, before oil was discovered, it was a non-issue, but the 
>legality of the Nigeria-Cameroun border has long been nebulous with 
>different maps giving different stories.
>
>Five years ago, tensions started to rise between Nigeria that has 
>substantial oil reserve and Cameroun that has little. Neither side could 
>afford a war but this didn't stop the Nigerian minister of defence 
>advising Obasanjo that Nigeria should prepare itself for military action. 
>Obasanjo overruled him and decided to persuade Cameroon to seek 
>arbitration at the World Court. Finally this month, the ruling in favour 
>of ceding Bakassi to Cameroon is being implemented, but not without 
>opposition from Nigerians.
>
>Nigeria's relationship with her mainly Franco-phone neighbours is based on 
>the historically ill defined boundaries in the West African sub region by 
>the former colonial masters. The highly porous and easily accessible 
>characteristics of these boundaries, coupled with the lack of a 
>co-ordinated and coherent boundary policy by Nigeria and the governments 
>of contiguous states' accounts for the lukewarm and sometimes, frosty 
>relations between Nigeria and her immediate neighbours.
>
>In order to avoid war, Nigeria and her neighbours (particularly Cameroon), 
>have been concerned with clear delimitation of boundaries and other 
>mutually benefiting economic, cultural and diplomatic initiatives aimed at 
>ensuring peaceful coexistence amongst them.
>
>It is for the perpetuation of this relationship that the leaders of the 
>two countries opted for arbitration instead of conflict.
>
>Nevertheless, analysts say that the proximity of Bakassi to Nigeria is 
>such that could be used as a zone of attack in the event of military 
>hostility. They argue that the Nigerian military may not be able to 
>contend with an attack that is launched right inside this territory.
>
>In spite of Nigeria's affirmation to maintain cordial relations with her 
>neighbours, the reality of the situation is that the neighbouring 
>countries, in particular Cameroon, continue to embark on actions 
>detrimental to Nigeria's national interest and security.
>
>In fact, the threats engendered by the contention between Nigeria and 
>Cameroon over the ownership of the Bakassi Peninsula and the accompanying 
>deployment of troops and military capabilities to the area under dispute 
>should engender a seat up attitude on the part of Nigeria concerning other 
>border areas ranging from the Lake Chad River Basin to the Gulf of Guinea. 
>But the most pressing need is the proper relocation of previous Bakassi 
>residents.
>
>
>
>Copyright © 2006 This Day. All rights reserved. Distributed by AllAfrica 
>Global Media (allAfrica.com).
>
>
>This message has been scanned for viruses by Mailcontroller

Maurice Mendelson, Q.C.
Blackstone Chambers Barristers
Blackstone House
Temple, London EC4Y 9BW,
England.

Tel. +44 20 7583 1770; fax +4420 7822 7350; email 
[log in to unmask]
website www.blackstonechambers.com

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