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1) Background
On 10 October 2002 the
International Court of Justice (ICJ)
ruled on the case presented by Cameroon in 1994
concerning “the land and maritime border dispute between Cameroon and
Nigeria”. The ruling is an irrevocable verdict on the land and maritime
dispute between the two countries, and further confirmed Cameroon’s
sovereignty over the Bakassi Peninsula. In September 2002, one month before
the ruling,
both countries agreed, before hand,
to respect the ICJ ruling. On 15 November 2002, one month after the ruling,
in Geneva,
both Presidents asked
the United Nations Secretary General for the establishing of the
Cameroon-Nigeria Mixed Commission (CNMC) to assist in the peaceful
implementation of the ruling. The mandate of the CNMC is as follows:
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The demarcation of the land
boundary between the two countries;
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The withdrawal of civil
administration, military and police forces and transfer of authority in
relevant areas along the boundary;
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The eventual demilitarization of
the Bakassi peninsula;
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The need to protect the rights
of the affected populations in both countries;
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The development of projects to
promote peace-building through joint economic ventures and cross-border
cooperation;
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The reactivation of the Lake
Chad Basin Commission.
2) United Nations Civilian observers’
Mission and Rationale
As indicated above, the CNMC’s
mandate includes ensuring the monitoring of the Withdrawal and Transfer of
Authority as well as the protection of the Rights of the affected
populations and the demarcation of the border. To carry out these difficult
and sensitive missions, the Chairman of the CNMC proposed the establishment
of a Group of Observers, instead of the traditional but costly peacekeepers.
Civilian International Observers - also referred to as United Nations
Observers of the Mixed Commission or team of observers - have been part of
the process and have assisted the Mixed Commission in this task since the
first Withdrawal in December 2003.
The presence and importance of
Civilian International Observers to monitor the Withdrawal and Transfer of
Authority has been acknowledged by all parties, given the “need for
confidence building measures, including the eventual demilitarization of the
peninsula”. Observers are recruited, after a selection based on the UN
competitive process and procedures. In addition, to avoid incidents with
local populations or any abuse reported in peacekeeping missions, they are
often mentored in their role and behavior in the delivery of their duty. The
observers are managed and work with the support of the Secretariat of the
CNMC.
3) Main Responsibilities
The Observers are called upon at
“each Withdrawal of civil administration, armed and police forces, and
Transfer of Authority”. Their main responsibilities are:
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To be impartial and
independent witnesses during and after the Transfer of Authority and
Withdrawal; |
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To help affected populations
internalize the peace process;
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To draw reports one month
following the withdrawal and the final handover. In addition, quarterly
and yearly reports are made; |
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To observe that paragraph 7 of
the first communiqué of the Mixed Commission, 1-2 December 2002, in
which the parties agreed to “respect the right of the populations of the
other country residing in the affected areas and to afford them full
protection in accordance with International Human Rights Law” is
peacefully respected;
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To keep the SRSG informed on
any developments that may impact on the peace process; |
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To assist and facilitate the
work of the Joint Technical Team (JTT) by preparing the ground for their
arrival and work in the field in demarcation. This is to be done by
informing affected population about the transparent and unambiguous work
that is being conducted to their benefit, in the full respect of all
their rights and the backing of their national government. This work is
extremely important as it allows for the JTT to pursue its arduous and
long technical work of demarcating over 1700 Kilometers; |
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To monitor the implementation
of the Greentree agreement of June 12th 2006 on the Bakassi peninsula,
through periodic field visits. The Greentree Agreement is the third
signed Withdrawal after those in the Lake Chad area in December 2003 and
along the Land Boundary in July 2004. It was signed by the Presidents of
Cameroon and Nigeria, the Secretary General and representatives of five
witness countries – France, Germany, United Kingdom of Great Britain and
Northern Ireland, and the United States. The agreement stipulates that
armed and police forces from Nigeria continue to administer a small area
defined as the Zone for a period of two years. A non-renewable period of
five years of a special transitional regime in the same Zone should
follow. |
4) Field Visits and Reporting
The UN civilian observers field
visits are a means through which to acknowledge the concerns of, and to
follow up on issues raised by the populations and that carry on over time.
These issues may range from economic, social, infrastructure and health to
security matters, which are all outlined in the reports of missions. The
observers have also accompanied the surveyors during their technical work to
assist in preparing local population to the demarcation exercise. Field
visits, often lasting several weeks or even months, are always carried out
by UN civilian observers, with the presence of both Cameroonian and Nigerian
counterparts. This is done to be consistent with the work of the Mixed
Commission itself, which has always conducted tripartite operations.
Furthermore, it is done with the aim to remain cost effective by leveraging
the administrative, logistic and security contributions of all three
parties.
UN civilian observer teams have
presented 6 reports for the Lake Chad area, 6 for the land demarcation, and
4 for the Bakassi peninsula, following the December 2003, July 2004, and
August 2006 implementation of the process of withdrawal and transfer of
authority in the above mentioned areas. Overall, 700Km have been demarcated
as of today, May 2007.
Nota Bene:
a) In a special case, in June
2005, the Civilian observers were called upon by Chairman of the CNMC, to
investigate violent armed incidents between Cameroon and Nigeria, in the
Bakassi area. The observers reacted promptly to instructions and information
from the Chairman on those incidents. They proceeded to the field to
investigate the grave situation in a very professional manner. The quick
investigation was a primordial factor that contributed to a return of calm
and stability in the area. A formal Report on the incidents was transmitted
to the Secretary General and the Presidents of Cameroon and Nigeria by the
Chairman of the Mixed Commission.
b) The group was initially based
in N’Djamena, for two reasons.
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The neutrality of the country
( Chad); |
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The proximity to Lake Chad
area, their main focus of activities at the time. |
Due to unexpected developments in
Chad, the observers were moved to Yaoundé, Cameroon, in April 2006, with the
agreement of both parties. From that posting they are able to cover the
whole border from Lake Chad to the Bakassi peninsula. A new station has been
authorized in Calabar and should commence activities in the second part of
2007.
c) The total number of UN civilian
observers on ground, as of May 10th 2007, now stands at 15 out of a possible
22.
May 2007 |
