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Delimitation and Demarcation of Boundaries in Africa General Issues and Case Studies

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Delimitation and Demarcation of Boundaries in Africa General Issues and Case Studies Delimitation and Demarcation of Boundaries in Africa General Issues and Case Studies African Union Border Programme (AUBP) 2 | Delimitation and Demarcation of Boundaries in Africa This work is published by the Commission of the African Union / Department of Peace and Security (African Union Border Programme). Responsibility for all information and materials used in this book, including any images, maps and graphs, lies entirely with the authors. All rights reserved. You can copy, download or print the contents of this book for your own use, and you can include excerpts from this guidebook in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgement of the source and copyright owner is given. All requests for public and commercial use and translation rights should be submitted to [email protected]. © Commission of the African Union, Department of Peace and Security, Addis Ababa, September 2013 2nd edition, August 2014 African Union Commission P.O. Box 3243 Roosevelt Street Addis Ababa, Ethiopia Tel. +251 115 513 822 Fax +251 115 519 321 E-mail [email protected] Design and typesetting Ira Olaleye, Eschborn, Germany ISBN 978-99944-890-8-4 The African Union expresses its gratitude to the extensive support of the Government of the Federal Republic of Germany as well as the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH whose assis- tance has enabled the African Union Border Programme to record significant results in all related activities. The document at hand serves as one piece of evidence and successful outcome of the combined efforts of the African Union Commission/Peace and Security Department and the German Devel- opment Cooperation. General Issues and Case Studies | 3 Delimitation and Demarcation of Boundaries in Africa General Issues and Case Studies African Union Border Programme (AUBP) 4 | Delimitation and Demarcation of Boundaries in Africa | 5 Table of Contents Foreword by Ambassador Ramtane Lamamra ................................................. 6 An Overview of the African Union Border Programme .................................... 8 Introduction African Boundaries and the Imperative of Definition ................ 12 Executive Summary ........................................................................................ 24 Section I Boundaries and Boundary-Making ............................... 32 Chapter 1 The Purpose and Functions of International Boundaries With Specific Reference to Africa ............................................... 34 Chapter 2 International Border Delimitation .............................................. 58 Chapter 3 Boundary Commissions: Creating Effective Structures and Practices ..................................................................................... 72 Chapter 4 Archival Boundary Records and the Role of Research in Settling International Boundary Disputes ............................... 90 Chapter 5 Sources of Information for Boundary Recovery ......................... 99 Chapter 6 Preparation for Boundary Recovery and Demarcation ............. 106 Chapter 7 Managing Boundary Information ............................................. 122 Chapter 8 The Factor of Affected Local Populations ................................. 136 Section II Case Studies .............................................................. 154 Chapter 9 Algeria’s Experience in the Delimitation and Demarcation of its Boundaries ....................................................................... 156 Chapter 10 Demarcating Africa’s Post-Conflict Boundaries: The Burkina Faso-Mali Experience ........................................... 172 Chapter 11 Post-Conflict Demarcation of African Boundaries: The Cameroon-Nigeria Experience ........................................... 190 Chapter 12 Demarcation and Maintenance of the International Boundaries of Mozambique ..................................................... 203 Section III Lexicon and Appendices ............................................ 226 Lexicon of Boundary-Making ........................................................................ 228 Appendix A Map Accuracy Standards .......................................................... 267 Appendix B Peaceful Settlement of International Boundary Disputes ........ 276 Appendix C Recent Judgements and Awards Concerning International Land Boundary and Territorial Disputes in Africa ..................... 290 6 | Delimitation and Demarcation of Boundaries in Africa Ambassador Ramtane Lamamra African Union Commissioner Foreword for Peace and Security Since the accession of African States to independence, borders have been a recurrent source of conflicts and disputes on the continent. The African Heads of State or Government, aware of this fact, have, in the early days, at the Summit of Cairo in July 1964, adopted Resolution AHG/Res. 16 (1) proclaiming the preservation of existing borders at the time of the accession to independence. Therefore, the principle of intangibility of borders, uti possidetis, applies within the framework of the Organisation of African Unity. Despite this formalised respect for the existing delimitation of most African boundaries, follow-up in terms of their physical demarcation has been very limited in the past. In 2011, approximately one third of African land boundaries was demarcated. 1 Other boundaries were demarcated according to river courses or imprecise, perfunctory, or out-dated boundary-marking techniques. Sometimes, boundary com- mission officials demarcated borders by merely following local tracks or marking trees. As a result, the majority of Africa’s current borders, even where there is absolutely no territorial dispute, cannot be considered to be demarcated. Moreover, when countries acting with the best of neighbourly inten- tions have engaged in joint demarcation exercises, they have often had to struggle with the imprecise nature of the delimitation descriptions. That said, there is evidence from numerous cases, among others, those described in this book, that satisfactory solutions can be found if both states involved find the political will to jointly undertake the demarca- tion of their borders. Africa is finally waking up to the fact that the absence of visible boundaries on the ground can hamper the coexistence and trade that are driving Africa’s demographic and economic dynamism. The African Union Border Programme (AUBP) is a vital factor in improving and mod- ernising the continent’s border regimes. The delimitation and demarca- 1 According to a survey conducted by the AUBP, 2011. Foreword | 7 tion initiative meets three imperative needs: The first is geopolitical, concerning the peace, security and stability that derive from conflict prevention. The Programme does not aim for a new ‘Balkanisation’; rather, it is a way to reinforce State territorial sovereignty that brings with it the freedom to open up and integrate. The second need is geo- economic: a visible, well-managed border encourages trade. The third need is socio-economic, as local cross-border cooperation initiatives between committed neighbouring communities can be supported. Afri- ca’s borders should become a source of peace, security, and integration for the continent. They should constitute a perfect equation, harmoni- ously balancing all relevant factors – including the legal determinants and human realities on the ground – to promote the shared, common values of the populations concerned. This Programme therefore has a multidimensional character. It estab- lishes, both conceptually and operationally, the connection between peace and security, economic and social development, and the shared objective of regional and continental integration. In according full importance to local and regional levels, the African Union Border Pro- gramme (AUBP) seeks to act as a unifying force in the process of African integration. The AUBP aims to complete the demarcation of all land borders as soon as possible. With the delivery deadline of 2017 agreed upon at the 17th Ordinary Session of the Assembly of the African Union (June/July 2011), everything possible must be done to achieve our targets. Good tech- niques and practices to do this are presented in this handbook, com- piled by leading experts and practitioners. The AUBP will help develop the technical capacities of officials and staff, share good practice and pilot programme experience, and promote research into finding afford- able and sustainable demarcation solutions. The AUBP encourages the delivery of training and the use of this handbook, which is a valuable tool to help meet the 2017 deadline. Published in 2013, the year that celebrates the 50th anniversary of the establishment of the Organisa- tion of African Unity / African Union, this book is intended to represent and place into concrete terms the role of the African boundary in the spirit of harmonious, peaceful and happy coexistence and prosperity. Ambassador Ramtane Lamamra March 2013 Commissioner for Peace and Security 8 | Delimitation and Demarcation of Boundaries in Africa An Overview of Ambassador Aguibou Diarrah the African Union Head of the African Union Border Programme Border Programme Introduction At its 11th Ordinary Session held in Accra, Ghana, from 25th to 29th June 2007, the Executive Council of the African Union Commission achieved another milestone when it endorsed the Declaration on the African Union Border Programme (AUBP) and its Implementation Mo- dalities,
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