Agreement between the Republic of Cameroon and the Federal Republic of Nigeria concerning the Modalities of Withdrawal and Transfer of Authority in the Bakassi Peninsula

Country/entity
Cameroon
Nigeria
Region
Africa (excl MENA)
Agreement name
Agreement between the Republic of Cameroon and the Federal Republic of Nigeria concerning the Modalities of Withdrawal and Transfer of Authority in the Bakassi Peninsula
Date
12/06/2006
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Interstate/interstate conflict (Bakassi Territorial Dispute (1993 - 2006)
This conflict relates to the disputed Bakassi Peninsula territory in the Gulf of Guinea. After colonialisation, borders between Nigeria and Cameroon were arbitrarily drawn and Bakassi was granted to Cameroon even though many of the inhabitants feel an affinity to Nigeria. Nigeria claims the territory historically belongs to Nigerian tribes which inhabited the area pre-colonialisation and administered the peninsula from independence in 1960. Cameroon disputed this on the basis of maps dating back to colonial times. Troops either side of the border have occasionally escalated the dispute with incursions into respective territories and the subsequent retaliations have resulted in a number of military deaths. This came to a head in the early 1990s where troop blockades were built up on either side and relations were tense. In order to resolve this and avoid a war, Cameroon appealed to the International Court of Justice (ICJ) to rule on the border dispute. Sporadic clashes continued into the mid 1990s. In 2002, the ICJ ruled that Nigeria pull out its troops, officials and police confirming Cameroon sovereignty. Nigeria was slow to accept the ruling but eventually submitted to a Mixed Commission made up of representatives of both nations to consider the implications of the ICJ ruling. Transitional arrangements for Bakassi were to be completed by 2008 and in 2013, Cameroon took over full sovereignty.
Bakassi Territorial Dispute (1993 - 2006) )
Stage
Implementation/renegotiation (Implementation modalities)
Conflict nature
Territory
Peace process
18: Cameroon-Nigeria border peace process
Parties
For the Republic of Cameroon: Paul Biya, President

For the Federal Republic of Nigeria: Olusegun Obasanjo, President

Third parties
Unsigned copy of the agreement. The following entities are listed as witnesses:

Witnesses

For the United Nations:

For the Federal Republic of Germany:

For the United States of America:

For the French Republic:

For the United Kingdom of Great Britain and Northern Ireland:
Description
This agreement outlines modalities for implementing the ICJ 10 October 2002 decision. Issues covered include Nigeria's recognition of Cameroon's sovereignty over the Bakassi Peninsula; the withdrawal of Nigerian armed forces from the Bakassi Peninsula, the protection of Nigerian Nationals' rights following Nigeria's withdrawal from the Bakassi Peninsula; and the establishment of a follow-up committee to monitor the implementation of the agreement.

Agreement document
CM_NG_060612_ModalitiesofWithdrawal.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Substantive
Page 2, Article 3, 1: Cameroon, after the transfer of authority to it by Nigeria, guarantees to Nigerian nationals living in the Bakassi Peninsula the exercise of the fundamental rights and freedoms enshrined in international human rights law and in other relevant provisions of international law.

Page 2, Article 3, 2: In particular, Cameroon shall:
a) not force Nigerian nationals living in the Bakassi Peninsula to leave the Zone or to change their nationality;
b) respect their culture, language and beliefs;
c) respect their right to continue their agricultural and fishing activities;
d) protect their property and their customary land rights;
e) not levy in any discriminatory manner any taxes and other dues on Nigerian nationals living in the Zone; and
f) take every necessary measure to protect Nigerian nationals living in the Zone from any harassment or harm.

Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
...(b) take every necessary measure, under the supervision of the United Nations observers of the Cameroon-Nigeria Mixed Commission, to stop any transfer or influx of its nationals into the Zone;
(c) not engage in any activity in the Zone which would complicate or hinder the transfer of authority to Cameroon;

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 4: Following the transfer of authority over the Zone to Cameroon, the latter shall apply to the Zone a special transitional regime for a non-renewable period of five years.
In the application of the special transitional regime, Cameroon shall:
(a) facilitate the exercise of the rights of Nigerian nationals living in the Zone and access by Nigerian civil authorities to the Nigerian population living in the Zone;
(b) not apply its customs or immigration laws to Nigerian nationals living in the Zone on their direct return from Nigeria for the purpose of exercising their activities;
(c) allow officers and uniformed personnel of the Nigerian police access to the Zone, in cooperation with the Cameroonian police, with the minimum of formalities when dealing with inquiries into crimes and offences or other incidents exclusively concerning Nigerian nationals; and

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 6: In accordance with paragraph 4 of this Annex, any acquisition of land in the Zone by Nigerian nationals not resident in the Zone at the time of the signature of this Agreement shall be perfected only in accordance with the laws and regulations of Cameroon.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
...(e) guarantee to Cameroonian nationals wishing to return to their village in the Zone the exercise of their rights;
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
Border delimitation
[Summary: The entire agreement provides for the delimitation of the border between Cameroon and Nigeria].

Page 1, Untitled Preamble: ...Considering that the question of the withdrawal from and transfer of authority over the Bakassi Peninsula should be treated in a forward-looking spirit of goodwill in order to open new prospects for cooperation between the two countries after decades of difficult bilateral relations,

Page 1, Article 1: Nigeria recognizes the sovereignty of Cameroon over the Bakassi Peninsula in accordance with the judgment of the International Court of Justice of 10 October 2002 in the matter of the Land and Maritime Boundary between Cameroon and Nigeria. Cameroon and Nigeria recognize the land and maritime boundary between the two countries as delineated by the Court and commit themselves to continuing the process of implementation already begun.

Page 2, Article 4: Annex I and the map contained in Annex II to this Agreement shall constitute an integral part thereof.
No part of this Agreement shall be interpreted as a renunciation by Cameroon of its sovereignty over any part of its territory.

Page 4, Annex I, Zone in question of the Bakassi Peninsula, 1: In order to prepare the Nigerian nationals living in the zone in question of the Bakassi Peninsula (hereinafter “the Zone”) for the transfer of authority to Cameroon, the Zone shall temporarily be subject to a special status as laid down in this Annex.
For the purpose of this Annex, the details of the delimitation of the Zone are set out in the attached map (Annex II).

Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
...(b) take every necessary measure, under the supervision of the United Nations observers of the Cameroon-Nigeria Mixed Commission, to stop any transfer or influx of its nationals into the Zone;

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 5: At the end of the special transitional regime, Cameroon shall fully exercise its rights of sovereignty over the Zone.

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 6: In accordance with paragraph 4 of this Annex, any acquisition of land in the Zone by Nigerian nationals not resident in the Zone at the time of the signature of this Agreement shall be perfected only in accordance with the laws and regulations of Cameroon.
Cross-border provision
Page 4, Annex I, Zone in question of the Bakassi Peninsula, 2: (a) Cameroon shall allow Nigeria to keep its civil administration and a police force necessary for the maintenance of law and order in the Zone for a non-renewable period of two years from the time of the withdrawal of the Nigerian forces. At the end of this period, Nigeria shall withdraw its administration and its police force and Cameroon shall take over the administration of the Zone.

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 4: Following the transfer of authority over the Zone to Cameroon, the latter shall apply to the Zone a special transitional regime for a non-renewable period of five years.
In the application of the special transitional regime, Cameroon shall:
(a) facilitate the exercise of the rights of Nigerian nationals living in the Zone and access by Nigerian civil authorities to the Nigerian population living in the Zone;
(b) not apply its customs or immigration laws to Nigerian nationals living in the Zone on their direct return from Nigeria for the purpose of exercising their activities;
(c) allow officers and uniformed personnel of the Nigerian police access to the Zone, in cooperation with the Cameroonian police, with the minimum of formalities when dealing with inquiries into crimes and offences or other incidents exclusively concerning Nigerian nationals; and
(d) allow innocent passage in the territorial waters of the Zone to civilian ships sailing under the Nigerian flag, consistent with the provisions of this Agreement, to the exclusion of Nigerian warships.


Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
Treaty incorporation
Page 2, Article 3, 1: Cameroon, after the transfer of authority to it by Nigeria, guarantees to Nigerian nationals living in the Bakassi Peninsula the exercise of the fundamental rights and freedoms enshrined in international human rights law and in other relevant provisions of international law.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
Citizens, specific rights
Page 2, Article 3, 1: Cameroon, after the transfer of authority to it by Nigeria, guarantees to Nigerian nationals living in the Bakassi Peninsula the exercise of the fundamental rights and freedoms enshrined in international human rights law and in other relevant provisions of international law.

Page 2, Article 3, 2: In particular, Cameroon shall:
a) not force Nigerian nationals living in the Bakassi Peninsula to leave the Zone or to change their nationality;
b) respect their culture, language and beliefs;
c) respect their right to continue their agricultural and fishing activities;
d) protect their property and their customary land rights;
e) not levy in any discriminatory manner any taxes and other dues on Nigerian nationals living in the Zone; and
f) take every necessary measure to protect Nigerian nationals living in the Zone from any harassment or harm.

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 4: Following the transfer of authority over the Zone to Cameroon, the latter shall apply to the Zone a special transitional regime for a non-renewable period of five years.
In the application of the special transitional regime, Cameroon shall:
(a) facilitate the exercise of the rights of Nigerian nationals living in the Zone and access by Nigerian civil authorities to the Nigerian population living in the Zone;
(b) not apply its customs or immigration laws to Nigerian nationals living in the Zone on their direct return from Nigeria for the purpose of exercising their activities;
(c) allow officers and uniformed personnel of the Nigerian police access to the Zone, in cooperation with the Cameroonian police, with the minimum of formalities when dealing with inquiries into crimes and offences or other incidents exclusively concerning Nigerian nationals; and

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
Page 2, Article 3, 2: In particular, Cameroon shall:
...c) respect their right to continue their agricultural and fishing activities;

Taxation
Reform of taxation
Page 2, Article 3, 2: In particular, Cameroon shall:
...e) not levy in any discriminatory manner any taxes and other dues on Nigerian nationals living in the Zone;

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 4: Following the transfer of authority over the Zone to Cameroon, the latter shall apply to the Zone a special transitional regime for a non-renewable period of five years.
In the application of the special transitional regime, Cameroon shall:
...(b) not apply its customs or immigration laws to Nigerian nationals living in the Zone on their direct return from Nigeria for the purpose of exercising their activities;
Banks
No specific mention.

Land, property and environment

Land reform/rights
Other land rights
Page 2, Article 3, 2: In particular, Cameroon shall:
...d) protect their property and their customary land rights;

Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
...(g) take every necessary measure to prevent any change in land-property rights;

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 6: In accordance with paragraph 4 of this Annex, any acquisition of land in the Zone by Nigerian nationals not resident in the Zone at the time of the signature of this Agreement shall be perfected only in accordance with the laws and regulations of Cameroon.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Promotion
Page 2, Article 3, 2: In particular, Cameroon shall:
...b) respect their culture, language and beliefs;
Environment
Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
...(f) not conduct or continue the exploitation of natural resources in the sub-soil of the Zone, or to engage in any other activity harmful to the environment;

Water or riparian rights or access
Page 1, Article 1: Nigeria recognizes the sovereignty of Cameroon over the Bakassi Peninsula in accordance with the judgment of the International Court of Justice of 10 October 2002 in the matter of the Land and Maritime Boundary between Cameroon and Nigeria. Cameroon and Nigeria recognize the land and maritime boundary between the two countries as delineated by the Court and commit themselves to continuing the process of implementation already begun.

Page 2, Article 3, 2: In particular, Cameroon shall:
...c) respect their right to continue their agricultural and fishing activities;

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 4: Following the transfer of authority over the Zone to Cameroon, the latter shall apply to the Zone a special transitional regime for a non-renewable period of five years.
In the application of the special transitional regime, Cameroon shall:
...(d) allow innocent passage in the territorial waters of the Zone to civilian ships sailing under the Nigerian flag, consistent with the provisions of this Agreement, to the exclusion of Nigerian warships.

Security sector

Security Guarantees
Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
(a) not conduct or allow the conduct of any activities in the Zone which would prejudice Cameroon’s peace or security;
Ceasefire
No specific mention.
Police
Page 4, Annex I, Zone in question of the Bakassi Peninsula, 2: (a) Cameroon shall allow Nigeria to keep its civil administration and a police force necessary for the maintenance of law and order in the Zone for a non-renewable period of two years from the time of the withdrawal of the Nigerian forces. At the end of this period, Nigeria shall withdraw its administration and its police force and Cameroon shall take over the administration of the Zone.

Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
...(d) equip its police force in the Zone with only the light equipment strictly necessary for the maintenance of law and order and for personal defence;

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 4: Following the transfer of authority over the Zone to Cameroon, the latter shall apply to the Zone a special transitional regime for a non-renewable period of five years.
In the application of the special transitional regime, Cameroon shall:
...(c) allow officers and uniformed personnel of the Nigerian police access to the Zone, in cooperation with the Cameroonian police, with the minimum of formalities when dealing with inquiries into crimes and offences or other incidents exclusively concerning Nigerian nationals; and
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
Page 1, Article 2: Nigeria agrees to withdraw all its armed forces from the Bakassi Peninsula within sixty days of the date of the signing of this Agreement. If exceptional circumstances so require, the Secretary- General of the United Nations may extend the period, as necessary, for a further period not exceeding a total of thirty days. This withdrawal shall be conducted in accordance with the modalities envisaged in Annex I to this Agreement.

Page 5, Annex I, Zone in question of the Bakassi Peninsula, 4: Following the transfer of authority over the Zone to Cameroon, the latter shall apply to the Zone a special transitional regime for a non-renewable period of five years.
In the application of the special transitional regime, Cameroon shall:
...(d) allow innocent passage in the territorial waters of the Zone to civilian ships sailing under the Nigerian flag, consistent with the provisions of this Agreement, to the exclusion of Nigerian warships.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
Witnesses

For the United Nations:
Other international signatory
Witnesses

For the Federal Republic of Germany:

For the United States of America:

For the French Republic:

For the United Kingdom of Great Britain and Northern Ireland:
Referendum for agreement
No specific mention.
International mission/force/similar
Page 2, Article 6, 1: A Follow-up Committee to monitor the implementation of this Agreement is hereby established. It shall be composed of representatives of Cameroon, Nigeria, the United Nations and the witness States. The Committee shall monitor the implementation of the Agreement by the Parties with the assistance of the United Nations observers of the Mixed Commission

Page 4, Annex I, Zone in question of the Bakassi Peninsula, 3: For the duration of this period, Nigeria shall:
...(b) take every necessary measure, under the supervision of the United Nations observers of the Cameroon-Nigeria Mixed Commission, to stop any transfer or influx of its nationals into the Zone;
Enforcement mechanism
Page 2, Article 6, 1: A Follow-up Committee to monitor the implementation of this Agreement is hereby established. It shall be composed of representatives of Cameroon, Nigeria, the United Nations and the witness States. The Committee shall monitor the implementation of the Agreement by the Parties with the assistance of the United Nations observers of the Mixed Commission.

Page 2, Article 6, 2: The Follow-up Committee shall settle any dispute regarding the interpretation and implementation of this Agreement.

Page 2, Article 6, 3: The activities of the Follow-up Committee shall cease at the end of the period of the special transitional regime provided for in paragraph 4 of Annex I to this Agreement.

The University of Edinburgh