Frontier Dispute (Burkina Faso/Niger) - Conclusion of the public hearings - Court to begin its deliberation

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2012/30
17 October 2012

Frontier Dispute (Burkina Faso/Niger)

Conclusion of the public hearings

Court to begin its deliberation

THE HAGUE, 17October2012. The public h earings in the case concerning the Frontier
Dispute (Burkina Faso/Niger) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 8October2012 at the Peace Palace, seat of
the Court, the delegation of Burkina Faso was led by H.E.Mr. Jérôme Bougouma, Minister for
Territorial Administration, Decentralization a nd Security, as Agent; and the delegation of the
Republic of Niger was led by H.E.Mr. Mohamed Bazoum, Minister of State for Foreign Affairs,

Co-operation, African Integration and Nigeriens Abroad, Chairman of the Support Committee to
Counsel for Niger, as Agent.

The Court’s Judgment will be rendered at a public sitting, the date of which will be

announced in due course.

Final submissions of the Parties

At the end of the oral proceedings, the Par ties presented the following final submissions to

the Court:

BFurrisa :

“In view of all the considerations set out in its Memorial, its Counte r-Memorial and its oral

argument, Burkina Faso has the honour to request that it may please the International Court of
Justice to adjudge and declare that the frontiebetween Burkina Faso and the Republic of Niger
follows the course described hereafter:

1. from the heights of N’Gouma to the Tong-Tong astronomic marker, the frontier takes the
1
following course: a series of straight lines connecting the following points in turn: Mount
N’Gouma (Lat. 14°54' 46.0" N; Long. 0°14' 36.4" E), Kabia Ford (Lat. 14°53' 09.8" N;
Long. 0° 13' 06.3" E), Mount Arwaskoye (Lat. 14° 50' 44.7" N; Long. 0° 10' 35.8" E), Mount
Bellé Banguia (Lat. 14° 45' 05.2" N; Long. 0° 14' 09.6" E), Takabougou (Lat. 14° 37' 54.5" N;

Long. 0°10' 16.1" E), Mount Douma Fendé (Lat. 14° 32' 00.6" N; Long. 0°09' 42.1" E) and
the Tong-Tong astronomic marker (Lat. 14° 24' 53.2" N; Long. 0° 12' 51.7" E);

1
The co-ordinates which follow are those adopted in the r ecord of the work of the Joint Survey Mission of the
erected markers, 3 July 2009, Memorial of Burkina Faso (MBF), Ann. 101. The co-ordinates are measured by GPS. - 2 -

2. from the Tong-Tong astronomic marker to the beginning of the Botou bend, the frontier takes

the following course:

⎯ a straight line as far as the Tao astronomic marker (Lat. 140 °30'4.7'' ;
2
Long. 0° 22' 51.8'' E) ;

⎯ from that point, a straight line up to the point where the frontier reaches the River Sirba at
3
Bossébangou (Lat. 13° 21' 06.5'' N; Long. 1° 17' 11.0'' E ;

⎯ from that point, the frontier follows the right ba nk of the River Sirba, from east to west, up to

the point on the right bank with the co-ordinates: Lat. 13° 19' 53.5'' N; Long. 1° 07' 20.4'' E;

⎯ from that point, the frontier follows the line on the 1:200,000-scale map of the Institut

géographique national de France , 1960 edition, as far as the point with the co-ordinates:
Lat. 13° 22' 30.0'' N; Long. 0° 59' 40.0'' E;

⎯ from that point, the frontier runs south in a straight line, ending at the intersection of the right
bank of the River Sirba with the Say parallel (Lat. 13° 06' 10.7'' N; Long. 0° 59' 40.0'');

⎯ from that point, the frontier runs in a straight line up to the b4ginning of the Botou bend
(Tyenkilibi) (Lat. 12° 36' 19.2'' N; Long. 1° 52' 06.9'' E) ;

3. from the beginning of the Botou bend as far as the River Mekrou, the frontier takes the
following course:

⎯ a series of straight lines connecting the following points in turn: Jackal Mountain
(Lat. 12° 41' 33.1" N; Long. 1° 55' 43.9" E), Laguil (Lat. 12° 41' 31.9" N; Long. 1° 57' 1.3" E)
and Nonbokoli (Lat. 12° 44' 12.9" N; Long. 1° 58' 47.0" E);

⎯ from the latter point, the frontier follows the median line of the Dantiabonga marigot, passes to
the south of Dantiandou and then follows the line of the Yoga Djoaga hills as far as the

confluence of the Dyamongou and Dantiabonga rivers (Lat. 124°31'5.1" N;
Long. 2° 05' 14.9" E);

⎯ from that point, the frontier follows the median line of the River Dyamongou as far as the

confluence of the Dyamongou marigot and the Boulel Fouanou (Lat. 12°43' 44.0" N;
Long. 2° 06' 23.9" E;

⎯ from that point, the frontier runs in a series of straight lines connecting the following points in
turn: Boulel (Lat. 12°42' 15.1" N; Long. 2° 06' 53.3'' E), Boulel East (Teylinga)
(Lat.12°41'09.5" N; Long. 2°09' 43.2" E), Dyapionga North (Lat. 12°39' 42.3" N;

Long.2°09' 37.3" E), Dyapionga South (Lat. 12°38' 55.4" N; Long. 2°09' 08.1" E),
Kanleyenou (Lat. 12°37' 21.7" N; Long. 2°11' 57.1" E), Niobo Farou (Caiman Pool)
(Lat.12°35'19.6" N; Long. 2°13' 23.9" E), the eastern crests of Mount Tambouadyoaga

(Lat.12°31'19.7" N; Long. 2°13' 48.0" E), Banindyididouana (Lat. 12°27' 52.7" N;
Long.2°16' 27.2" E) and the confluence of the Banindyidi Fouanou and Tapoa rivers
(Lat. 12° 25' 30.5" N; Long. 2° 16' 40.6" E);

2
The co-ordinates of this point were measured by GPS by Burkina. The co-ordinates of this marker on the Clarke
1880 ellipsoid are: Lat. 14° 03' 13'' N; Long. 00° 22' 53'' E.
3The co-ordinates of this point, and the following ones, are given on the Clarke 1880 ellipsoid.

4The co-ordinates of this point, and the following onare those adopted in the record of the work of Joint
Survey Mission of the markers erected, 3July2009, MBF, Ann.101. The co-ordinates were measured by GPS
(WGS84 ellipsoid). - 3 -

⎯ from the latter of those points, the frontier follows the median line of the River Tapoa as far as
5
the point where it intersects with the former boundary of the Fada and Say cercles
(Lat. 12° 21' 04.88" N; Long. 2° 04' 12.77" E);

⎯ from the latter point, the frontier runs in a straight line, corresponding to the former boundary
of the Fada and Say cercles, up to the point where it intersects with the River Mekrou
(Lat. 11° 54' 07.83" N; Long. 2° 24' 15.25" E).

Pursuant to Article 7, paragraph 4, of the Special Agreement, Burkina Faso further requests
the Court to nominate, in its Judgment, three e xperts to assist the Parties as necessary in the
demarcation.”

For the Republic of Niger:

“The Republic of Niger requests the Court to adjudge and declare that the frontier between

the Republic of Niger and Burkina Faso takes the following course:

In the Téra sector:

⎯ Starting from the Tong-Tong astronomic marker (co-ordinates: 14° 25' 04" N, 00° 12' 47" E);

⎯ from that point: a straight line as far as the Vibourié marker (co-ordinates: 14°21'44"N,

0° 16' 25" E);

⎯ from that point: a straight line as far as th e Tao astronomic marker (co-ordinates:

14° 03' 02.2" N, 00° 22' 52.1" E);

⎯ from that point the frontier follows the 1960IGN line (Téra sheet) as far as the point having

co-ordinates 14° 01' 55" N, 00° 24' 11" E;

⎯ from that point, it runs in a straight line to the frontier point on the new Téra-Dori road
(co-ordinates: 14° 00' 04.2" N, 00° 24' 16.3" E) (to the west of Petelkolé);

⎯ from that point, it runs in a straight line to the point with co-ordinates 13°59'03"N,
00° 25' 12" E,

and reaches the IGN line (at the point with co -ordinates 13° 58' 38.9" N, 00° 26' 03.5" E),
which it follows as far as the break in the line of crosses north of Ihouchaltane (Oulsalta on the
1960 IGN map, Sebba sheet), at the point with co-ordinates 13° 55' 54" N, 00° 28' 21" E;

⎯ from this point the frontier skirts Ihouchaltane (Oulsalta), passing through the points with
co-ordinates 13° 54' 42" N, 00° 26' 53.3" E, then 13° 53' 30" N, 00° 28' 07" E;

⎯ from that point, it rejoins the IGN line (at th e point having co-ordinates 13° 53' 24" N,
00° 29' 58" E), which it follows as far as the tripoint of the former boundaries of the cercles of

Say, Tillabéry and Dori (co-ordinates 13° 29' 08" N, 01° 01' 00" E).

Where there are gaps in the course of the I GN line, these will be filled by straight lines or,
where there is a watercourse, by following its bed.

5The co-ordinates of the following points are those aded in the record of the meeting to ascertain the
co-ordinates of the unmarked points in SectorB, 15October2009, MBF, Ann.105. They were derived from the IGN

France 1:200,000-scale map (Clarke 1880). - 4 -

In the Say sector:

⎯ Starting from the tripoint of the former boundaries of the cercles of Say, Tillabéry and Dori
(co-ordinates 13° 29' 08" N, 01° 01' 00" E), the frontier runs in a straight line as far as the point
having co-ordinates 13°04'52"N, 00°55'47"E (where it cuts the River Sirba at the level of
the Say parallel), then from that point a strai ght line passing through a point situated 4km to

the south-west of Dogona with co-ordinates 13° 01' 44" N, 01° 00' 25" E, as far as the frontier
marker with co-ordinates 12°37'55.7"N, 01°34'40.7"E, and finally from there to the point
fixed by agreement between the Parties, the co-ordinates of which are the following:
12° 36' 18" N, 01° 52' 07" E.”

*

Internal Judicial Practice of the Court with respect to deliberations

Deliberations take place in private in accord ance with the following procedure: the Court

first holds a preliminary discussion, during which the President outlines the issues which require
discussion and decision by the Court. Each judge then prepares a written Note setting out his or
her views on the case. Each Note is distributed to the other judges. A full deliberation is then held,
at the end of which, on the basis of the views expressed, a drafting committee is chosen by secret

ballot. That committee consists in principle of tw o judges holding the majority view of the Court,
together with the President, unless it appears that his views are in the minority. The committee
prepares a draft text, which is first the subjectof written amendments and then goes through two

readings. In the meantime, judges who wish to do so may prepare a declaration, a separate opinion
or a dissenting opinion. The final vote is taken after adoption of the final text of the Judgment at
the second reading.

___________

Note : The Court’s press releases do not constitute official documents. The complete
verbatim records of the hearings held from 8 to 17October2012 are published on the website of
the Court (www.icj-cij.org).

___________

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was
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with general jurisdiction. - 5 -

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Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)