INTERNATIONAL COURT OF JUSTICE
LAND AND MARITIME DELIMITATION AND SOVEREIGNTY OVER ISLANDS (GABON/EQUATORIAL GUINEA)
MEMORIAL OF
THE REPUBLIC OF EQUATORIAL GUINEA
VOLUME III
5 October 2021
INTERNATIONAL TREATIES & INSTRUMENTS
Annex 1
Treaty of Amity, Guarantee, and Commerce Between Portugal and Spain, Signed at El Pardo (11 March 1778)
Annex 2
Treaty Between France and King Denis of Gabon of Senegal, signed in Gabon (9 February 1839)
Annex 3
Protocol No. 30, Session between The Kingdom of Spain and The French Republic (16 September 1887) (excerpt)
Annex 4
Special Convention on the Delimitation of Spanish and French Possessions in Western Africa on Coasts of the Sahara and the Gulf of Guinea, between the Kingdom of Spain and The French Republic (signed. 27 June 1900, ratified 27 March 1901)
Annex 5
Convention between Germany and France to Define Precisely the Boundary Lines between the Kamerun and the French Congo Signed at Berlin (signed 18 April 1908, ratified on 28 July 1908)
Annex 6
The Spanish State, General Directorate of African Territories and Provinces, Study of the Border Between Gabon and Rio Muni – Crossing Points (1965)
Annex 7
The Spanish State Parliament, Agreement Between the Spanish State and The Gabonese Republic Concerning Circulation and Border Exchange Between Rio Muni and Gabon, Official Gazette No. 931 (4 October 1966)
Annex 8
Convention between The Spanish State and The Gabonese Republic Concerning Cross-Border Exchanges and Movement Between Rio Muni and Gabon, Appendix 2 Concerning the Towns or Urban Areas to be Included in the 10 KM Zone Referred to in the Convention (1966) (Spain’s list of towns in border zone)
VOLUME III
ANNEXES
Annex 9
Letter from the Director General of African Cities and Provinces (Presidency of the Government of Spain) to the Director General of African Affairs (Spanish Ministry of Foreign Affairs), attaching Annex I to Act No. 3 Concerning the Obligatory Boundary Crossings Proposed by the Commission on the Common Boundary Between the Republic of Gabon and Equatorial Guinea (19 October 1965) (excerpt)
Annex 10
The Republic of Equatorial Guinea, Treaty Regarding the Delimitation of the Maritime Boundary Between the Republic of Equatorial Guinea and the Democratic Republic of Sao Tome and Principe (26 June 1999)
DELIMITATION COMMISSION DOCUMENTS
Annex 11
French-Spanish Commission, Conference on the Delimitation in West Africa, Archives of the French Ministry of Foreign Affairs, Annex to Protocol No. 17 (24 December 1886) (excerpt)
Annex 12
Itinerary Followed by the Commission for the Delimitation of the Gulf of Guinea (1901)
Annex 13
Franco-Spanish Delimitation Commission of the Gulf of Guinea, Border Project: Eastern Border (1 January 1902)
Annex 14
Franco-Spanish Delimitation Commission of the Gulf of Guinea, Border Project: Southern Border (1 January 1902)
Annex 15
Franco-Spanish Delimitation Commission of the Gulf of Guinea, “Table of the Villages Recognized by the Delimitation Commission of Spanish Guinea with Names of Chiefs, Tribes, and Nationality According to the Border Project (Southern Border)” (2 January 1902)
Annex 16
The Cottes Mission to South Cameroon, Presentation of Scientific Results, According to Works of Various Members of the French Section of the Commission for Delimitation Between the French Congo and Cameroon (Southern Border) and the Documents Studied at the Museum of Natural History (1911) (excerpt)
UNITED NATIONS DOCUMENTS AND COMMUNICATIONS
Annex 17
UN Security Council, 890th Meeting held in New York, Security Council Official Records (23 August 1960) (excerpt)
Annex 18
UN General Assembly,Report of the Committee on Information from Non-Governing Territories, Official Records: Sixteenth Session Supplement No. 15 (A/4785), New York (1 September 1961) (excerpt)
Annex 19
United Nations General Assembly, Resolution 2230 (XXI) Question of Equatorial Guinea (20 December 1966)
Annex 20
UN General Assembly Special Committee on Decolonization,Report of the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, UN Doc. A/7200/Rev.1, Annexes to Agenda Item 23 (November 1967) (excerpt)
Annex 21
United Nations General Assembly, Resolution 2355 (XXII) Question of Equatorial Guinea (19 December 1967)
Annex 22
Cable from UN to Permanent Missions (14 September 1970), enclosing Communication from Mr. Manadou D’Niaye, Charge d’Affaires of the Republic of Gabon to the Secretary-General of the United Nations Announcing the Extension of Gabonese Territorial Waters by Presidential Decree (20 August 1970)
Annex 23
Cable from the UN to Permanent Missions (13 October 1970), enclosing Letter from Equatorial Guinea to UN Secretary-General (8 October 1970)
Annex 24
Letter from the Permanent Mission of the Netherlands to the United Nations to the UN Secretary-General (14 October 1970)
Annex 25
Letter from the Permanent Representative of The Gabonese Republic to the United Nations to the UN Secretary-General (1 March 1972)
Annex 26
Letter from the Permanent Mission of the Republic of Equatorial Guinea to the United Nations to the Permanent Missions and Offices of Permanent Observers to the United Nations (5 September 1972)
Annex 27
Note Verbale from the Permanent Mission of the Republic of Equatorial Guinea to the United Nations to the UN Secretary General (11 September 1972)
Annex 28
Permanent Mission of the Republic of Equatorial Guinea to the United Nations, Statement Before the United Nations Security Council by His Excellency Mr. Jesus Alfonso Oyono Alogo (September 1972) (excerpt)
Annex 29
Letter from the United Nations Secretary-General to His Excellency the President of the Republic of Equatorial Guinea (6 August 2003)
Annex 30
“Gabon and Equatorial Guinea Set Terms of UN Mediation Over Disputed Islands”, UN News (20 January 2004)
Annex 31
Letter from the Ministry of Foreign Affairs of the Republic of Equatorial Guinea to the Secretary-General of the United Nations (10 March 2004)
Annex 32
Letter from the Assistant Secretary-General of the United Nations to the Permanent Representative of the Republic of Equatorial Guinea to the United Nations (22 March 2004)
Annex 33
“Secretary-General’s Activities in Ethiopia 3 - 7 July”, UN News (8 July 2004)
Annex 34
“Transcript of Press Conference by Secretary-General Kofi Annan at United Nations Headquarters, 21 July 2004”, United Nations Information Service (22 July 2004)
Annex 35
“Secretary-General Commends Leaders of Gabon, Equatorial Guinea for Agreement to Peacefully Resolve Border Dispute”, UN News (6 July 2004)
Annex 36
Letter No. 179/05 from the Permanent Mission of the Republic of Equatorial Guinea to the United Nations to the Director of the United Nations Division of Ocean Affairs and Law of the Sea (11 March 2005)
Annex 37
Letter from the Director of the UN Division for Ocean Affairs and Law of the Sea to HE the Permanent Representative of the Republic of Guinea Equatorial (13 April 2005)
Annex 38
“Summit Communique Congratulates Presidents of Gabon, Equatorial Guinea for Progress Towards Peaceful Settlement of Border Dispute”, UN News (28 February 2006)
Annex 39
“Former UN Legal Chief to Mediate Dispute Between Equatorial Guinea, Gabon”, UN News (17 September 2008)
Annex 40
United Nations Convention on the Law of the Sea 1982, Preliminary Information Presented by the Republic of Equatorial Guinea on the Outer Limits of the Continental Shelf (7 May 2009)
Annex 41
“Border Agreement Creates Model for Other African Nations”, Voice of America (29 October 2009)
Annex 42
Note from United Nations Under-Secretary-General L. Pascoe, Background for the Deputy Secretary-General’s Meeting with Joint Equatorial Guinea and Gabon Senior Delegations, New York on 18 March 2010 (15 March 2010)
Annex 43
The Gabonese Republic, Submission Made by the Gabonese Republic for the Extension of its Continental Shelf Beyond 200 Nautical Miles Pursuant to Article 76 of the United Nations Convention on the Law of the Sea (10 April 2012)
ORGANISATION OF AFRICAN UNITY & AFRICAN UNION DOCUMENTS AND COMMUNICATIONS
Annex 44
Organisation of African Unity, Resolutions Adopted by the First Ordinary Session of the Assembly of Heads of State and Government Held in Cairo, UAR (17-21 July 1964) (excerpt)
Annex 45
The African Union, Constitutive Act of the African Union (11 July 2000) (excerpt)
Annex 46
African Union, “Report of the Chairperson of the Commission on Conflict Situations in Africa”, Executive Council, Fifth Ordinary Session 25 June - 3 July 2004, Addis Ababa, Ethiopia, EX.CL/106 (V) (3 July 2004)
Annex 1
Treaty of Amity, Guarantee, and Commerce Between Portugal and Spain, Signed at El Pardo (11 March 1778)
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TRANSLATION APPENDIX 1 Treaty of Amity, Guarantee, and Commerce between Portugal and Spain, signed at El Pardo on March 11, 1778 (Treaty of El Pardo)101 101 CONSOLIDATED TREATY SERIES. 1648-1919 (Clive Parry, editor, 1969). Also reproduced in DEL CANTILLO. TRATADOS, CONVENIOS Y DECLARACIONES DE PAZ Y COMERCIO [TREATIES, AGREEMENTS AND DECLARATIONS OF PEACE AND COMMERCE], p. 547. The text of the Treaty is found in III COLECCIÓN DE LOS TRATADOS DE PAZ [III COLLECTION OF PEACE TREATIES] 254 (1801). 73 WATER STREET TRANSLATIONS
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TRANSLATION In the name of the Most Holy Trinity. Article 1 of the preliminary boundary treaty, successfully entered into between the crowns of Spain and Portugal and their respective plenipotentiaries in San Ildefonso on October 1 of last year, 1777, confirmed and revalidated the peace treaties entered into between the same crowns in Lisbon on February 13, 1668, in Utrecht on February 6, 1715, and in Paris on February 10, 1763, as if incorporated word for word in the aforementioned treaty of 1777 insofar as they were not thereby repealed. The treaties of Lisbon and Utrecht cited above and renewed herein, and in particular the former, have served as the basis and foundation of the reconciliation and ties between the Spanish and Portuguese monarchies in order to attain the standing each enjoys today vis-à-vis the other, and due to their great significance both treaties were guaranteed by the kings of Great Britain, having formally stipulated such guarantee in Article 20 of the Treaty of Utrecht 74 WATER STREET TRANSLATIONS
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TRANSLATION dated July 13, 1713, between the Spanish and British crowns. But just as the aforementioned Treaty of Paris of February 10, 1763, raised certain questions and difficulties based on the wording of its Article 21 and others, the diverse readings of which having been the source of many of the disagreements that have occurred in South America among the vassals of both crowns, by the same token, other articles and language in the above two treaties of Lisbon and Utrecht, and several points that have remained unresolved since then and have not been clarified to date, may in the future lead to similar or sharper disputes, or at least to forgetting and overlooking the agreed-upon terms, thereby giving rise to new grounds for discord. Thus, since Their Catholic and Most Faithful Majesties wish to prevent these risks forever, and forestall their consequences, they have resolved through this treaty to ensure strict compliance with the aforementioned Article 1 of the preliminary treaty of 1777, provide the utmost consistency and rigorous interpretation called for by the former treaties that have been ratified, thereby establishing the closest and most unbreakable union and friendship between the two crowns, as the natural consequence of their status and proximity, of the old and modern ties and relationships between their respective sovereigns, and the original identity and reciprocal interests of the two nations. Therefore, in order for such plausible, great and beneficial ideas to bear fruit, the very great, powerful and excellent prince don Carlos III, King of Spain and of the Indies, and the very great, excellent and powerful princess doña María, Queen of Portugal, of the Algarves, etc., agreed to appoint their respective plenipotentiaries, to wit: by His Catholic Majesty the King of Spain, the most excellent gentleman don José Moñino, Count of Florida Blanca, knight of the royal order of Carlos III, his counselor of state, his first secretary of state and of the office, superintendent general of land and maritime post, of the post relays and postal revenues of Spain and the Indies; and by Her Most Faithful Majesty the Queen of Portugal, the most excellent gentleman don Francisco Inocencio de Souza Coutinho, commander in the order of Christ, of her counsel and her ambassador to His Catholic Majesty. Both men, having been apprised of the intentions of their respective sovereigns, who have communicated with their plenipotentiaries and issued their appointments in due form, agreed on behalf of the two monarchs to the following articles. Article 1 Pursuant to the agreement between the two crowns in the aforesaid treaty renewed on February 13, 1668, and specifically its Articles 3, 7, 10, and 11, and in further interpretation thereof, following other old treaties referenced by said articles, which were used during the time of King don Sebastian, and in the treaties entered into between Spain and England on November 15, 1630, and May 23, 1667, which were also transmitted to Portugal, the two esteemed royal parties, acting on their own behalf and on behalf of their heirs and successors, declare that the peace and friendship that they have established and that must be observed among their respective subjects throughout their vast dominions in both worlds, shall and must be pursuant to the alliance and beneficial communications that prevailed between the two crowns during the aforesaid times of Kings don Carlos I and don Felipe II of Spain, Kings don Manuel and don Sebastian of Portugal, with Their Catholic and Most Faithful Majesties and their vassals providing all assistance and services that characterize true and loyal allies and friends, such that each seeks the welfare and profit of the other and they reciprocally set aside or forestall any harm or injury as soon as they may learn and hear of it. Article 2 In accordance with the matters agreed upon and declared in the preceding article and those others set forth in the old treaties that have been renewed and those referenced therein, insofar as they have not been repealed by any subsequent articles, Their Catholic and Most Faithful Majesties promise to refrain from acting to the detriment of each other, or each other's states in any part of the world, in war, alliances, treaties or councils, or admit through their ports and lands any direct or indirect assistance or subsidy of any nature whatsoever for such action, and shall not permit such action on the part of their respective vassals. Instead, they shall notify each other of any matter of which they learn, hear, or presume that may be detrimental to either of the two sovereigns, their dominions, rights, and possessions, whether outside of or within their kingdoms, from rebels or persons with ill intent and discontent with their glorious governments, by mediating, negotiating, and assisting each other in mutual agreement 75 WATER STREET TRANSLATIONS
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TRANSLATION for the reciprocal prevention or remedy of any harm or injury caused to either of the two crowns, to which end they shall correspond with each other and shall impart to their ministers to other courts, and to their viceroys and governors of their provinces, all orders and instructions they deem appropriate to issue on this matter. Article 3 For the very purpose of satisfying the commitments assumed in the old treaties, and any others referenced therein and that remain in force between the two crowns, Their Catholic and Most Faithful Majesties have agreed to clarify their meaning and effect, and to be bound, as they are so bound, to reciprocally guarantee, in all their dominions in Europe and adjacent islands, the royalties, privileges, and rights presently enjoyed therein, as well as to renew and revalidate the guarantee and remaining points established in Article 25 of the boundary treaty of January 13, 1750, which will be copied below this treaty, with an understanding of the boundaries established therein with regard to South America under the terms most recently stipulated and clarified in the preliminary treaty of October 1, 1777. Said Article 25 begins as follows: "For greater security etc.” (cf. p. 408). Article 4 Should either of the two esteemed parties wage war with another power without having suffered the invasion of the lands, possessions, and rights covered by the guarantee of the preceding article, the party not involved in such war shall only be required to guard and enforce the observance of the strictest and most scrupulous neutrality in its lands, ports, coastlines, and seas, reserving only for cases of invasion or preparations for invasion, in the dominions subject to the guarantee, the reciprocal defense incumbent upon both sovereigns pursuant to their commitments that they wish and promise to carry out religiously, without thereby failing to observe the treaties in force between the esteemed parties and other European powers. Article 5 In keeping with the meaning of the two preceding articles, although it was agreed in Article 22 of the Treaty of San Ildefonso of October 1, 1777, that on the island and in the port of Santa Catalina and its immediate coastline, no consent would be given to entry by foreign squadrons or vessels of war or commerce in the manner set forth therein, it was not the aim of such article to refuse to provide hospitality in cases of absolute necessity and forced arrival, refraining from the abuses of smuggling, hostility, or invasion against the friendly power, nor was it to prevent Spanish vessels from arriving at such port, or to the shores of Brazil, whenever necessary, nor was the objective to refrain from providing assistance and refreshment in the manner due to good friends and allies, observing the laws and prohibitions of the country of arrival. Their Catholic and Most Faithful Majesties have deemed it appropriate to declare that this statement shall be used to interpret and regulate all matters stipulated in any other location in this regard. Article 6 The stipulations of Article 18 of the Treaty of Utrecht entered into by the two crowns on February 6, 1715, shall be strictly observed, and to provide greater clarification of this article and of the old treaties and concords of the time of King don Sebastian, the two esteemed royal parties declare that in addition to the crimes specified in those concords, which are and must be encompassed in the general references thereto as if individually listed, are the crimes of counterfeit currency, smuggling in or out materials that are strictly prohibited in either of the two kingdoms, and desertion of military units on land or sea; criminals and deserters are to be surrendered to each other, and any punishments to be imposed upon these persons must exclude the death penalty, to which they may not be sentenced, and both monarchs shall offer to commute such sentence to a non-capital punishment. To facilitate the prompt arrest and surrender of such persons, the two esteemed parties have resolved to do so, without any other prerequisite, at the request of the minister or secretary of state for foreign affairs of either of the two powers, by issuing correspondence to that effect, either directly or through the respective ambassadors of the two sovereigns; however, if it is the courts that request the surrender of a prisoner, the formalities of style shall be observed in the request pursuant to the terms established at the time the 76 WATER STREET TRANSLATIONS
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TRANSLATION aforementioned concords were entered into. Finally, should Their Catholic and Most Faithful Majesties deem it appropriate at a later date to issue further clarification of the specifics addressed in this article, specifying any other particular contingency, they offer to notify each other and reach a friendly agreement, promising to observe all terms arranged between them, as well as everything stipulated herein, to which end they will subsequently issue the pertinent orders. Article 7 Article 17 of the aforementioned Treaty of Utrecht of February 6, 1715, established that the Spanish and Portuguese nations would, in all their respective dominions in Europe, reciprocally enjoy all the advantages of commerce, and all privileges, liberties, and exemptions granted up to that date, and each would thenceforth grant the other nation the status of most favored and most privileged among all those trading therein; and in addition to the terms of that article, So as to not leave any room from uncertainty regarding the agreed-upon terms, another article was agreed to providing that where commerce between the two nations re-commenced and continued as it had been before the war that preceded the same treaty, trade would continue on those bases until the conditions that such commerce had to comply with was declared. Thus, as a consequence of those articles, and having renewed, revalidated and ratified the entire Treaty of Utrecht by Article 1 of the preliminary boundary treaty, Their Catholic and Most Faithful Majesties have promised each other strict and specific compliance with and observance of the terms of the aforementioned Article 17 and separate article, as literally set forth. Article 8 In order to issue the declaration set forth in that separate article, regarding agreement to engage in commerce between the two nations or the manner in which such commerce is to take place, Their Catholic and Most Faithful Majesties have agreed to adopt the terms of Articles 3 and 4 of the treaty entered into between the two crowns on February 13, 1668, guaranteed by Great Britain, and renewed or ratified as well in Article 1 of the preliminary boundary treaty, to the extent adaptable. These articles literally state the following: —Article 3: "The vassals and inhabitants of the lands possessed by each king shall have good correspondence and friendship without any display of past offense or harm, and may communicate with each other, enter into and visit within the boundaries of the other, and utilize and engage in commerce with full security by land or by sea, in the form and manner customary during the time of King don Sebastian. —Article 4: Said vassals and inhabitants of each party shall reciprocally enjoy the same security, liberties, and privileges granted to the subjects of the Most Serene King of Great Britain through the treaty of May 23, 1667, and another of the year 1630 insofar as it was not repealed, in the same form and manner as if all those articles addressing commerce and its pertinent immunities were expressly restated herein, excluding no article whatsoever, merely changing the name to Portugal. And those same privileges shall be enjoyed by the Portuguese nation in the realms of His Catholic Majesty, in the form and manner customary during the time of King don Sebastian." Article 9 As a consequence of the terms agreed upon in the preceding article, the two nations, Spain and Portugal, shall hold in common all of the aforementioned treaty of May 23, 1687, with Great Britain, with no modifications or clarifications other than those that may have already been made between the Spanish and British crowns; the two nations, Spain and Portugal, reserve the right to expand thereupon based on the old privileges that the respective monarchs may have granted each other and that they may have enjoyed during the reign of King don Sebastian. Article 10 To complement the two preceding articles and those treaties, and for greater precision and clarity in their implementation, the lists and tariffs of October 23, 1668, shall be recognized, together with any others established to collect duties on fruits and merchandise that may enter and exit from Spain to Portugal and from Portugal to Spain through their land and sea ports of entry, and by mutual agreement these shall be adjusted, expanded or modified in accordance with said treaties, preserving their proportions in any variations that time may have caused to the names and prices of such 77 WATER STREET TRANSLATIONS
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TRANSLATION fruits and merchandise, increasing or decreasing their categories and types and other specifics. Article 11 These lists or tariffs shall also specify any prohibitions that must remain regarding the introduction of certain categories and fruits from either of the two monarchies into the dominions of the other. From the beginning, Their Catholic and Most Faithful Majesties have agreed that those prohibitions shall be limited to those that are absolutely necessary for beneficial governance within the same two monarchies; and on this point both nations shall reciprocally exercise the same consideration enjoyed and observed by others with most-favored status, thereby setting aside any specific animosities and complying strictly with the articles of the aforementioned treaties of 1667, 1668, and 1715 in the manner set forth and guaranteed therein. Article 12 Furthermore, a collection shall be created of the privileges enjoyed by the two nations during the time of King don Sebastian, and such collection, authorized with all due solemnity, shall be considered and made part of this treaty in the same fashion as such list or tariff of duties set forth in the preceding article shall be considered and made part hereof. Article 13 As Their Catholic and Most Faithful Majesties wish to promote the advantages of commerce among their respective subjects, which may be verified by their reciprocal purchase and sale of Blacks, without being bound by harmful contracts and treaties such as those entered into in earlier times with Portuguese, French and English companies, which needed to be terminated or annulled, the two High Contracting Parties have agreed that, in order to achieve these and other ends and to compensate in some fashion for all assignments, restitutions and waivers made by the Spanish crown in the first preliminary boundary treaty of October 1, 1777, Her Most Faithful Majesty, on her own behalf and on behalf of her heirs and successors, would cede, as in fact she has ceded and now cedes to His Catholic Majesty and his heirs and successors of the Spanish crown, the island of Annobon, on the coast of Africa, with all rights, possessions, and shares associated with said island, in order that it may henceforth be part of the Spanish dominions in the same manner in which it has to date belonged to those of the Portuguese crown; and also all rights and shares that she possesses or may possess to the island of Fernando del Pó in the Gulf of Guinea, in order that the vassals of the Spanish crown may establish themselves therein, and engage in trade in the ports and coastlines opposite said island, such as the ports of the Gabon River, the Cameroons, Santo Domingo, Cabo fermoso and others of that district, without thereby preventing or hindering commerce by the vassals of Portugal, particularly those of the islands of Príncipe and São Tomé, who to date and in the future engage in commerce on that coast and in those ports, with the Spanish and Portuguese vassals conducting themselves in the most perfect harmony, neither harming or hindering the other for any reason or on any pretext. Article 14 All Spanish vessels, whether of war or of commerce from that nation, which may stop at the islands of Príncipe and São Tomé, which belong to the Portuguese crown, in order to refresh their crews or supply themselves with foodstuffs or other necessary items, shall be welcomed and treated by those islands as the most favored nation; the same practice shall prevail with regard to Portuguese war or commercial vessels that may stop at the islands of Annobon or Fernando del Pó, which belong to His Catholic Majesty. Article 15 In addition to the reciprocal assistance that must be exercised between the two nations, Spain and Portugal, on those islands of Annobon and Fernando del Pó, and on those of São Tomé and Príncipe, Their Catholic and Most Faithful Majesties have agreed that on those islands, the subjects of both sovereigns may engage in 78 WATER STREET TRANSLATIONS
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TRANSLATION the open and free trafficking and commerce of Blacks; and in the event the Portuguese nation brings them to the aforementioned islands of Annobon and Fernando del Pó, they shall be purchased and paid for promptly and accurately, as long as the prices are customary and proportional to the quality of the slaves, and without any of the excesses that other nations in similar sales and locations have or may have customarily practiced. Article 16 His Catholic Majesty also offers the continuation, for a term of four years, of the consumption of leaf tobacco produced by the dominions of Brazil that are involved in such commerce on the aforementioned islands and immediate coasts of Africa; to that end, a formal contract shall be drawn up with the person or persons designated by the court of Lisbon, specifying the amounts of tobacco, prices, and other conditions that may pertain to this point. Once the four years have elapsed, after obtaining greater knowledge thereof, the contract drawn up for that purpose may or may not be renewed, and its terms and conditions expanded, modified, or clarified. Article 17 As the articles of this treaty or any one of them may be adaptable to other powers that the two esteemed parties may deem appropriate to invite to join it, Their Catholic and Most Faithful Majesties reserve the right to reach an agreement on this point, and negotiate all aspects of the manner in which it must be done with regard to the reciprocal interests of the two crowns, and of any power or powers that are to be invited or that wish to join it. Article 18 Both royal parties shall ensure that the agreements and obligations assumed under this treaty are published in their dominions and notified to all their vassals, ordering the utmost precision in the observance and implementation thereof and ensuring strict punishment of all offenders. Article 19 This treaty must be ratified in the precise term of fifteen days from signature thereof, or earlier if possible. In witness whereof, we, the undersigned plenipotentiary ministers, affix our signatures, on behalf of our august rulers, and by virtue of the full powers vested in us for this purpose, to this treaty and have the seals of our coats of arms affixed thereto. Done at the royal palace of El Pardo on March 11, 1778. — The Count of Florida Blanca. — Don Francisco Inocencio de Souza Coutinho. His Catholic Majesty ratified the above treaty by an instrument issued at the same palace of El Pardo on the 24th of that month and year, endorsed by the secretary of state and of the office of the Indies, don José de Gálvez. 79 WATER STREET TRANSLATIONS
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirmsthattheforegoingtranslation was preparedbyChristina Courtright,a linguist with substantial experience in thetranslationofdocumentsfromSpanishintoEnglish as certifiedbythe American Translators Association.KentG.Heine,Managing PartnerofWaterStreetTranslations,LLC,hereby atteststothe following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attachedherewith."Kent G. HeineWater Street Translations, LLC09/13/21_Date
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73 Apéndice 1 Tratado de amistad, garantía y comercio entre Portugal y España, firmado en El Pardo el 11 de marzo de 1778 (Tratado de El Pardo)101101 CONSOLIDATED TREATY SERIES,1648-1919(Clive Parry, editor, 1969). Reproducido también en DELCANTILLO,TRATADOS,CONVENIOS Y DECLARACIONES DE PAZ Y DE COMERCIO, p 547. El texto del Tratado se encuentra en III COLECCIÓN DE LOS TRATADOS DE PAZ 254(1801).
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Annex 2
Treaty Between France and King Denis of Gabon of Senegal, signed in Gabon (9 February 1839)
TRANSLATION WATER STREET TRANSLATIONS Annex 2
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TRANSLATION WATER STREET TRANSLATIONS Article 1. King Denis agrees to cede in perpetuity to France two areas of land beginning from Sandy point toward the village of the King and the entire width of the left bank, by means of the trade goods listed below. Article 2. France shall construct all buildings, fortifications or houses it deems appropriate. Article 3. The above-mentioned King agrees to an offensive and defensive alliance with France that, in turn, guarantees its protection. Article 4. After this Treaty is ratified in France, possession may be taken immediately. Done in triplicate in the village and the home of King Denis on February 9, 1839. ED. BOUET, Commander of the Malouine. BRONQUANT, captain, delegate of the Chamber of Commerce of Bordeaux DENIS, King. DENIS JR., son of the King. DOLINGUA, prince. Annex 2
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirms that the foregoing translation was preparedbyKaren Brovey,alinguist with substantialexperience in the translation of documents fromFrenchinto English as certified bythe AmericanTranslatorsAssociation.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French text attachedherewith." Kent G. HeineWater Street Translations, LLC09/28/21_Date
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Georgetown University; date: 29 June 2021OUP reference:88 CTS 311Content type:Bilateral treatiesProduct:Oxford Historical Treaties [OHT] Module:Parry's Consolidated Treaty Series [PCT]Date signed:09 February 1839Treaty between France and King Denis of Gabon (Senegal), signed at Gabon, 9 February 1839Comment:This text is taken from De Clercq, Recueil des Traités de la France, vol. IV, p. 445. Annex 2
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Annex 3
Protocol No. 30, Session between The Kingdom of Spain and The French Republic (16 September 1887) (excerpt)
TRANSLATION 32 […] with which we concern ourselves, guided as they will be by their enlightened intelligence and by the spirit of curiosity that they have always shown over the course of the discussion. Such a decision, by the way, would conform to the principles consecrated by public opinion; even if the French Plenipotentiaries do not share our view, this opinion alone has prevailed for years, fully and uncontested. One finds it under the signature of the [illegible] and chiefs of Gabon when the question is of the fixed limits of his estuary, it is expressed by high officials, by the Director of the Colonies himself, by the authors of geographical works that are authoritative in government schools, and even in Africa. Finally, it has exercised and still exercises influence that would be decisive, if a Power possessed of the desire to have Colonies were not to be diverted by its acts, the natural course of negotiations [illegible] between two nations whose relations have been characterized by goodwill and friendship ./. 326 Protocol no. 30 Session on September 16, 1887 Present: For Spain: Mr. Romea Fernandez Duro Gonzalez Camayo For France: Mr. Girard de Rialle O’Neil Pradier Desbuissons [stamp:] FOREIGN AFFAIRS R.F. ARCHIVES The protocol of the 2nd session is adopted. M. Romea says that before restarting the work of the conference he wishes to express the hope that this work will soon reach an end following a full agreement, as desired by the Spanish government, on the questions submitted for review by the delegates of the two nations. Mr. Girard de Rialle shares FR-EG 1055_T WATER STREET TRANSLATIONS Annex 3
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TRANSLATION the hope of the Spanish delegates and will leave no stone unturned in order to arrive at the agreement desired by each of the parties. He adds that to follow up on the observations presented by the French Delegates over the course of the previous meetings and in order to respond to the notes sent by the Spanish Delegates, he is sending to the Commission the note attached to the present protocol; this document responds, in part, to the arguments developed by these Spanish Delegates and will be completed at the next session. Mr. Romea says that the Spanish Delegates will carefully examine this [illegible] as well as that which Mr. Girard de Rialle is to give them at the next meeting, and he hopes that as soon as, by common agreement, the general discussion of the rights of each nation is exhausted, it will be easy to search for and find the basis for an arrangement to [sentence fragment] 327 We continue the response to the 2nd annex to Protocol no. 27. On page 3 of this annex our colleagues tell us the following: Do they not begin by recognizing that, for all, the issue is not one of territories, “the debate having been motivated by claims for the establishment of a right of anchorage on the seas...?” And they add: “And surely it is the establishment of this tax on the Moundah that the Ministers were discussing...” [stamp:] FOREIGN AFFAIRS R.F. ARCHIVES After having explained the error on the subject of Cap Saint Jean, which is found in the protestations of Admiral Bosse dated May 24, 1860, we said only, “The possession of Cap Saint-Jean was not in question, and the debate having been motivated by the claims to establish a right of anchorage on the seas flowing into […]FR-EG 1056_T WATER STREET TRANSLATIONS Annex 3
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TRANSLATION 12. Aside from that, the claimed rights of Chief Eolongo to the Elobeys inspired so little confidence in Lieutenant Governor Eeodosio Noëli that he preferred to obtain the adherence of the de facto chiefs who governed these islands, rather than seeking to make them recognize the authority of this Eolongo by imposing him on them as the primary chief, and he even subordinated the latter by, on May 23, 1860, naming as Alcalde of Great Elobey the chief Tbapa our Bappi, the same one whom the Spanish considered a usurper, when he made his mark under the treaty concluded with France on April 23, 1855. This was to admit, to the detriment of the claimed rights of this Eolongo, the de facto possession by the chiefs of Elobey who had for five years accepted our sovereignty. From the facts that we have just recalled it is clear and evidenced that there was an attempt to give the text 13. 333 of the acts of 1843, 1846 and 1858 an extension that they could not contain. In effect, the act of 1843 is the one to which Spain owes the annexation of Corisco and of its natural dependencies, the islets of Laval [Leva] and Baynia [Mbañe], included in the zone of the territorial waters of that island. The proof that Corisco’s dependencies did not extend to any part of the African Continent is that the letter of nationality given to [stamp:] FOREIGN AFFAIRS R.F. ARCHIVES the inhabitants on February 18, 1846, on the occasion of the confirmation of the annexation of that island, specifies that Elobey Chico is part of the dependencies of Corisco, but it does not mention any others; Elobey Chico, thus not being part of Corisco in 1843. Finally, the act of July 23, 1858, which once again confirms the annexation of Corisco, is only a copy of the letter of FR-EG 1062_T WATER STREET TRANSLATIONS Annex 3
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TRANSLATION 347 [sentence fragment] intervene. At the same time it reserves the right to respond, if necessary, to the observations contained in the documents communicated by the French Delegation when the work announced by Mr. Girard de Rialle has been completed. The session was adjourned at 5 o’clock. [signature] [signature] [signature] [signature] [stamp:] FOREIGN AFFAIRS R.F. ARCHIVES [signature] [signature] FR-EG 1076_T WATER STREET TRANSLATIONS Annex 3
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirms that the foregoing translation was preparedbyEve Hecht,a linguist with substantialexperience in the translation of documents fromFrenchinto English as certified bythe AmericanTranslatorsAssociation.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French text attachedherewith." Kent G. HeineWater Street Translations, LLC09/13/21_Date
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Annex 4
Special Convention on the Delimitation of Spanish and French Possessions in Western Africa on Coasts of the Sahara and the Gulf of Guinea, between the Kingdom of Spain and The French Republic (signed. 27 June 1900, ratified 27 March 1901)
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TRANSLATION [bilingual Spanish/French] CDLXXXIV – (724) FRANCE Special Convention on the delimitation of Spanish and French possessions in Western Africa on coasts of the Sahara and the Gulf of Guinea Signed in Paris on June 27, 1900. With three annexes and one declaration dated in Paris on December 11 of the same year, extending the deadline to exchange ratifications until March 27, 1901 CDLXXXIV 1900 June 27 France His Majesty, the King of Spain; and on her behalf, Her Majesty, the Queen Regnant of the Kingdom; and the President of the French Republic, wishing to strengthen the bonds of friendship and good neighborliness that exist between the two Nations, have decided, to that end, to enter into a special Convention to delimit the Spanish and French possessions in Western Africa, on the coasts of the Sahara and the Gulf of Guinea. They have appointed their plenipotentiaries as follows: The King of Spain, and on her behalf, Her Majesty, the Queen Regnant of the Kingdom, appointed the Honorable EXCHANGE OF RATIFICATIONS, by virtue of the Declaration inserted, in Paris, on March 22, 1901. The King’s ratification was authorized by law on December 31, 1900. A.M. 559 – B., 1901, 228 – Documents presented to Parliament in the 1900 legislature by the Minister of State (Marques de Aguilar de Campóo), page 67. – Martens, N.R.G., 2, XXXII, 59. – De Clercq, XXI, 660 – Archives diplomatiques [Diplomatic Archives], 1901-1902, vol. I, 5 – Colección legislativa [Legislative Collection] (new series), vol. VIII (1st of 1901), 668 – Gaceta de Madrid [Madrid Gazette] dated March 30, 1901 – Journal Officiel [Official Gazette] dated April 2, 1901. – The maps constituting appendices two and three are reproduced from those appearing in Libro rojo [the Red Book] – The Declaration dated December 11, 1900, is not in the French collections. 39 SPA 2181_T WATER STREET TRANSLATIONS
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TRANSLATION CDLXXXIV FRANCE – WESTERN AFRICA BORDERS 1900 June 27 France Fernando de León y Castillo, Knight of the Royal and Distinguished Spanish Order of Charles III, Grand Cross of the Legion of Honor, Full member of the School of Moral and Political Sciences of Madrid, Extraordinary and Plenipotentiary Ambassador to the President of the French Republic; And the President of the French Republic appointed the Honorable Th. Delcassé, Deputy, Minister of Foreign Affairs of the French Republic, Knight of the Legion of Honor, Grand Cross of the Royal and Distinguished Spanish Order of Charles III, Who, after communicating their full authority to each other, which were found to be in good standing, agreed to the following articles: Article I. On the Sahara coast, the boundary between Spanish and French possessions shall follow a line beginning at the point shown on detailed map A, juxtaposed to the map attached to this Convention as appendix 2, a point on the western coast of the Cabo Blanco/Cap Blanc peninsula, between the end of this Cape and Bahía del Oeste/ baie de l’Ouest, through the center of said peninsula and then dividing the peninsula in half as far as the terrain allows, then to the north up to parallel 21°20’ north latitude. The boundary shall continue to the east along parallel 21°20’ north latitude 40 SPA 2182_TWATER STREET TRANSLATIONS
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TRANSLATION JUNE 27, 1900 CDLXXXIV 1900 June 27 France until this parallel intersects meridian 15°20’ west of Paris (13° west of Greenwich). From this point, the line of demarcation shall proceed to the northwest, describing, between meridians 15°20’ and 16°20’ west of Paris (13° and 14° west of Greenwich) a curve traced in such a way that it leaves France the salt flats of the Idjil region and its dependencies, with the boundary remaining at a distance of at least 20 kilometers from the outside boundary of said salt flats. From the point where this curve meets meridian 15°20’ west of Paris (13° west of Greenwich), the boundary shall proceed as directly as possible to the intersection of the Tropic of Cancer with meridian 14° 20’ west of Paris (12° west of Greenwich) and shall extend along this latter meridian to the north. It is understood that, in the Cabo Blanco/Cap Blanc region, the delimitation, to be applied by the Special Commission indicated in article VIII of this Convention, shall be done so that the western portion of the peninsula, including Bahía del Oeste/ baie de l’Ouest, is allocated to Spain, and that Cabo Blanco/ Cap Blanc and the eastern portion of the peninsula go to France. Article II. In the canal located between the tip of Cabo Blanco/Cap Blanc and the bank of the Bayadera and in the Bahia del Galgo/Baie du Lèvrier [or Bay of Nouadhibou], bounded by a line that joins the tip of Cabo Blanco/Cap Blanc to the point called La Coquille (detailed map A juxtaposed to the map 41 SPA 2183_T WATER STREET TRANSLATIONS
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TRANSLATION CDLXXXIV FRANCE – WESTERN AFRICA BORDERS 1900 June 27 France attached to this Convention as appendix 2), the Spanish subjects will continue, as they have thus far, to engage in the fishing industry at the same time as those subject to French jurisdiction. Spanish fishermen may, on the shore of said bay, engage in all activities incidental to the same industry, such as drying nets, assembling tools, and preparing fish. Within the same boundaries, they may erect minor constructions and establish temporary camps, but these constructions and camps must be removed every time the Spanish fishermen return to sea, subject to the express condition of not damaging public or private property under any circumstances or at any time. Article III. Salt extracted from the Idjil region’s salt flats and sent, by land, directly to Spanish territories on the coast of the Sahara is exempt from export duties. Article IV. The boundary between the Spanish and French possessions on the Gulf of Guinea shall begin at the point where the thalweg of the Muni River intersects a straight line traced from the Coco Beach point to the Diéké point. It shall, then, proceed along the thalweg of the Muni River and of the Utamboni River up to the first point at which the first degree north latitude crosses the latter river, and 42 SPA 2184_T WATER STREET TRANSLATIONS
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TRANSLATION JUNE 27, 1900 CDLXXXIV 1900 June 27 France shall proceed along this parallel until it intersects the 9° longitude east of Paris (11°20’ east of Greenwich). From this point, the line of demarcation shall be formed by said meridian 9° east of Paris until it meets the southern border of the German colony of Kamerun. Article V. For entry by sea into the Muni River, in Spanish territorial waters, French vessels shall enjoy, all the facilities that Spanish vessels enjoy. By way of reciprocity, Spanish ships in French territorial waters shall be treated in the same manner. Navigation and fishing shall be unhindered for Spanish and French subjects in the Muni and Utamboni Rivers. The navigation and fishing police in these rivers, in Spanish and French territorial waters, in the vicinity of the entrance to the Muni River— as well as other matters related to border relations, provisions concerning lighting, beacons, water management and use—shall be subject to conventions between the two Governments. Article VI. Since the rights and advantages derived from articles II, III and V of this Convention have been provided for due to the border-related or common nature of the above-mentioned bays, outlets, rivers and territories; 43 SPA 2185_T WATER STREET TRANSLATIONS
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part, its possessions recognized in articles I and IV of this Convention, as well as the Elobey Islands and the proposed to the Spanish government. first refusal under the same conditions as those Island of Corsico, near the border with the French Congo; the French government shall have the right of TRANSLATION CDLXXXIV FRANCE – WESTERN AFRICA BORDERS 1900 June 27 France they shall be exclusively reserved for the subjects of both of the high contracting parties, and may not in any way be transferred or assigned to those of other nations. Article VII. In the event that the Spanish government wishes to cede in any way, in whole or in Article VIII. The boundaries delimited by this Convention shall be recorded on the attached maps (appendices numbers 2 and 3) with the reservations made in appendix no. 1 to this Convention. Both Governments agree to designate Commissioners, within four months of exchanging ratifications, who shall be responsible for tracing on the ground the demarcation lines between the Spanish and French possessions, in accordance with and in the spirit of the provisions of this Convention (a). The two contracting powers agree that any subsequent change in the position of the thalweg of the Muni and Utamboni rivers shall not affect the 44 SPA 2186_T WATER STREET TRANSLATIONS
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TRANSLATION JUNE 27, 1900 CDLXXXIV 1900 June 27 France property rights to the islands conferred to each of the two Powers in the Commissioner’s report, duly approved by both Governments (b). Article IX. The two Contracting Powers reciprocally agree to kindly treat the chiefs who, having signed treaties with one of them, are placed under the sovereignty of the other, by virtue of this convention. Article X. This Convention shall be ratified and the ratifications shall be exchanged in Paris within six months or sooner, if possible. In witness whereof, the undersigned have issued this Convention to which they have affixed their seals. Done in duplicate in Paris on June 27, 1900. (signature) F. DE LEON Y CASTILLO (signature) DELCASSÉ APPENDIX NO. I Although the lines of demarcation traced on the maps attached to this Convention (appendices numbers 2 and 3) are generally assumed to be accurate, these lines cannot be considered an absolutely correct representation until confirmed by new maps. Therefore, it is agreed that the Commissioners or local Delegates of both Nations that are subsequently 45 SPA 2187_T WATER STREET TRANSLATIONS
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TRANSLATION CDLXXXIV FRANCE – WESTERN AFRICA BORDERS 1900 June 27 France responsible for delimiting the boundaries on the ground of all or some of the boundaries, shall use as a basis the description of the boundaries as established in the Convention. At the same time, they may modify said lines of demarcation in order to delimit them more accurately and to rectify the position of the dividing lines of roads, rivers, cities, or villages indicated on the above-mentioned maps. The changes or corrections proposed by mutual agreement by said Commissioners or Delegates shall be submitted to the respective Governments for approval. (signature) F. DE LEON Y CASTILLO (signature) DELCASSÉ 46 SPA 2188_T WATER STREET TRANSLATIONS
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TRANSLATION JUNE 27, 1900 CDLXXXIV 1900 June 27 France DECLARATION The Government of His Majesty, the King of Spain and the Government of the French Republic, wishing to extend, by mutual agreement, the deadline to exchange ratifications of the Special Convention signed in Paris on June 27, 1900, between both countries to delimit the boundaries of Spanish and French possessions in Western Africa on the Sahara and Gulf of Guinea coasts, have agreed as follows: The ratifications of the Special Convention signed in Paris on June 27, 1900, between Spain and France shall be exchanged on March 27, 1901, or sooner if possible. In witness whereof, the undersigned, duly authorized for this purpose, have drafted this Declaration, to which they affix their signature and seal. Done in duplicate in Paris on December 11, 1900. (signature) F. DE LEON Y CASTILLO (signature) DELCASSÉ (a) On May 30, 1901, the Spanish Commission was named, composed of the following: Mr. Soler, Secretary of the Embassy, Royal Commissioner; Chief of Staff Mr. López Vilches; Captain Gutiérrez Sobral; Messrs. Borrajo and Nievez, Staff Captains; Mr. Ossorio, explorer; Mr. Montaldo, Army Medic; Messrs. Escalera and Criado, naturalists; Mr. Belmonte, Mining Deputy; and Mr. Vázques de Zafra, Diplomatic Attaché and Secretary of the Commission. It embarked from Cádiz on June 9, and on August 1 it met in Punta Botika with the French Commission, primarily composed of Messrs. Albert Bonnel de Mezieres, First class colony administrator; Jean Baptiste Roche, Engineer Captain assigned to the Staff; and Albert Duboc, Lieutenant of the Colonial Infantry. The expedition lasted for eighty days; the French Commission returned to Libreville on October 28. Refer to the Conference held at the Geographic Society of Madrid by Mr. López Vilches on December 17, 1901 (Bulletin of the Society, vol. XLIII, page 273). Mr. Nieves Cosso presented a memo to the Ministry of State regarding the work of the Commission, which was published in 1902. Furthermore, in 1906, the Ministry released a map entitled Muni, Spanish Continental Guinea, by Mr. Enrique D’Almonte, at a scale of 1,200,000. We have no information regarding the delimitation in the Sahara coast territories (Rio de Oro). (b) Said instruments were not published in Spain and we do not believe they were published in France either. 47 SPA 2189_T WATER STREET TRANSLATIONS
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TRANSLATION CDLXXXIV FRANCE – WESTERN AFRICA BORDERS 1900 June 27 France APPENDIX NO. II To the Convention of June 27, 1900 (Sahara Map) SPA 2190_T WATER STREET TRANSLATIONS
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TRANSLATION JUNE 27, 1900 CDLXXXIV 1900 June 27 France [Scale in kilometers] The thick line marks the boundariesSPA 2191_TWATER STREET TRANSLATIONS
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TRANSLATION CDLXXXIV FRANCE – WESTERN AFRICA BORDERS 1900 June 27 France APPENDIX NO. III To the Convention of June 27, 1900 (Gulf of Guinea) [Scale] The thick line marks the boundaries. SPA 2192_T WATER STREET TRANSLATIONS
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WATER STREET TRANSLATIONS, LLC 10 East 39th Street, 12th Floor New York, NY 10016 www.waterstreettranslations.com (212) [email protected] CERTIFICATION OF ACCURACY OF TRANSLATION This hereby confirms that the foregoing translation was prepared by Karen Brovey, a linguist with substantial experience in the translation of documents from French and Spanish into English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following: “To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French and Spanish text attached herewith." Kent G. Heine Water Street Translations, LLC 09/13/21 Date
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Annex 5
Convention between Germany and France to Define Precisely the Boundary Lines between the Kamerun and the French Congo Signed at Berlin (signed 18 April 1908, ratified on 28 July 1908)
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TRANSLATION WATER STREET TRANSLATIONS No. 1160 [stamp:] 46075 Nov. 20, 1911 Imperial Parliament 12th Legislative Period. Session II. 1909/1911 Berlin, November 11, 1911 [truncated] The Imperial ChancellorF.B.:Solf [truncated] Border Demarcation between Cameroon and French Congo of April 18, 1908. The Government of his Majesty the Emperor of Germany and the Government of the Republic of France having resolved in a spirit of good faith to give force and validity to the agreement prepared by their respective delegates in order to demarcate the borders of the colonies of Cameroon and the French Congo, the undersigned: His Excellency Mr. Schoen, Secretary of State for Foreign Affairs of the German Empire and His Excellency Mr. Jules Cambon, Extraordinary and Plenipotentiary Ambassador of the Republic of France to His Majesty the Emperor of Germany, duly authorized for this purpose, hereby confirm the Protocol (with its Annexes) prepared in Berlin last April 9, the wording of which is as follows: Protocol. The undersigned: Dr. Frédéric v. Lindequist, Undersecretary of State of the Ministry of Colonies, Dr. Otto Gleim, Close Senior Government Advisor of the Ministry of Colonies, Dr. Alexandre Baron de Danckelman, Professor and Close Advisor to the Ministry of Colonies, Albert Duchêne, Directory of the African Subdirectorate of the Ministry of Colonies, BL-EG 1114_T
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TRANSLATION WATER STREET TRANSLATIONS Henri Moll, Major (commissioned) and Battalion Commander in the Colonial Infantry, Louis Hermite, Embassy Secretary, commissioned by the Imperial German Government and the Government of the Republic of France to prepare a treaty that is intended, in implementing the Provisions of the Treaty of March 15, 1894, in particular §§ III and VII of the Annex of the Protocol of February 4, 1894, to precisely determine the border between Cameroon and French Congo and to settle certain questions in connection therewith, have agreed on the following Articles. Article 1. A. The border between Cameroon and the French Congo shall follow, beginning from Spanish Guinea (El Muni) (meridian 11° 20' local Greenwich, 9° local Paris): the river Kyé (Kje), from the inlet of the Mwese (Mwezeu) until it opens into the Ntem (Campo), the Ntem, from the mouth of the Kje to the inlet of the Kom, the Kom, from its confluence with the Ntem to the left affluent that is closest to the basin of the Aïna (Ajene, Ivindo) and intersects the parallel 2° 15' N or runs in its vicinity, the course of this affluent from its inlet into the Kom to its intersection with the parallel 2° 15' N, the parallel 2° 15' N from its intersection with said affluent of the Kom to its intersection with the left affluent of the Aïna that comes closest to the basin of the Ko and is intersected by the parallel 2° 15 ' N or runs in its vicinity, the course of this affluent from its intersection with the parallel 2° 15' N until it opens into the Aïna, the course of the Aïna up to its local intersection with the parallel 2° 10' 20'' N at Pillar 13, the parallel 2° 10' 20'' N from the Aïna to Pillar 4 on the route from Dongo (Ndongo) to Eta (Long) through the Jua (Djua) valley, the watershed between the Jua and Msimbo (Masimbo) from Pillar 4 to the confluence of the two rivers (Pillar 2). It is agreed that in the event that the watershed between the two points (Pillar no. 4 and Pillar no. 2) should intersect with the German route from the Dongo to Eta through the Msimbo valley, the border shall run at the same distance between the German and French routes—as shown on the map attached to the current Protocol. The border further follows the course of the Jua from the inlet of the Msimbo to the Djua (Ngoko) and the course of the Djua to the Ssanga (Sangha). The islands of the Kye, the Ntem, and the Kom shall remain German. The islands of the Aïna and the Djua shall fall to France. BL-EG 1115_T
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TRANSLATION WATER STREET TRANSLATIONS B. The border runs up the Sangha (Ssanga) from the mouth of the Ngoko to that of the Nyoué (Njue). Nevertheless, all of the islands of the Sangha situated south of a fixed point 5 km north of the position shown for the village of Balbal on the Protocol Map are French; all of the islands situated north of this point up to the mouth of the Nyoué are German. C. The border then follows the Nyoué to a point situated about 5 km south of the location assigned to Ngombaco on the Protocol Map, then follows a straight line starting from this point and ending at a point situated 15 km south of Mauvey (Mauwei). D. The border continues to the north as follows; it being understood that the successive points of the border mentioned in the present Treaty shall be connected among themselves by straight lines in all cases unless otherwise specified. From the point specified in Paragraph C, situated 15 km south of Mauvey, it runs to the ford of the farthest north of the stream Boné (M'Boné) on the route from Yokodouma (Jukaduma)-Molaï (Molei) to about 7 km southwest of Molaï. From this point, it runs to the ford of the river Batouri (Baturi) on the route Baboua (Babua)-Yanga (Benda)-Boulambo (Bulambu); it then runs down the Batouri to the Kadaï. It runs back up the Kadaï to the confluence of the Boumbé II (Bumbe 2), then follows the Boumbé II to the ford of the route Vanda (Wanda)-Déson (Janga). From this ford, it runs to the ford of the stream Mana on the route Nguia (Ngia)-Bagari, 16 km northwest of Nguia; then to the ford of the Guirma (Gliba) on the route Bingué (Binge)-Aladji about 10 km south of Aladji; it then runs down the Guirma to its confluence with the Kadeï and runs back up the Kadeï to its source. E. From there, it runs to the source of the Béré, runs down this river to its confluence with the Lom, goes back up the Lom to its confluence with the Bali, and then runs back up this river to the ford of the route Koundé (Kunde)-Mboné 1 (Bone) about 18 km northeast of Koundé. It then runs to a point situated 3 km north of the source of the Mambéré as shown on the Protocol Map, then to the ford of the Bondo on the route Zaoro Coumbo (Kumbo)-Bertoua (Bertua)-Zaoro Nô (Nu) to the ford of the Bondo on the route Zaoro Coumbo-Karanga to the intersection of the watershed between the Lom and Congo with the route Garn (Belo Ngam)-Karanga about 6 km southeast of Garn, from there to the mountain located about 9 km north of the point where the river Mini cuts across the route Karanga-Nabemo, to the ford of the Midé on the route from Bougouda to Yakoundé (Jakunde), to the ford of the Ngou (Ngu) on the route from Zaoro Mboné II (Bone) to Baname, and then runs down the Ngou to its confluence with the Mbéré. It runs down the course of this river to its junction with the Mbina or Eastern Logone (Wjna). F. It runs to a point 5 km west of Di, then to a point 5 km west of Mbé, then to the ford of the stream Ndiki on the route from Dol to Mandi (Manti) about 14 km northwest of Dol. From there it takes the route from Bongo (Mbongo) to Manda Bossoro, halfway between ... [truncated] BL-EG 1116_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] ... route Mbongo-M'Baqueu, then to the ford of said stream on the route Samdsche (Diamdié)-M'Baqueu, then to the ford of the Sinabu (Sinambou) Samdsche-Tschimiang (Tiemieng), then goes down the Sinabu to the ford of the route Dschebo-Mileta (Djebo-Duaïlega). Then to the ford of the Bundeta stream on the route Dari (Daré)-Meimba approximately 11 km south of Dari. Then to the ford of the stream Ginganfeu on the route Mbade-Mbere (Bagi-M'Béré), approximately 12 km southwest of Mbade. Then to the ford of the stream Njebi (Ibi) and the route bifurcation Lame-Audjali and Lame-Bibene, then up the Njebi to the route Lame-Degolguia, then to a point halfway between Dschalume (Djaloumei) and Modepane (Guessalé), then northward to the Mao-Kabi (Mano-Kabbi), then down this river to the meridian of Bipare, then in an arc with a radius of about 2.5 km westward around the middle point of Bipare to the route Biparé-Hamaiadshi (Hamajadi). G. Then to a point about 5 km east of Figil (Figuil) and the route Figil-Djabili (Yabili). Then to the ford of a stream about 6 km south of Bidjar (Biguerh) on the route Bidjar-Bursu (M'boursou). Then to the ford of a stream about 3 km southeast of Bidjar on the route from there to Guébagné. Then to the ford of the stream More about 8 km northeast of Bidjar on the route (Bdjar-Sofeu (Sofoï). Then to Sasaiken on the ford Bursu-Beduma (Boudouba) about 3 km northwest of Bursu. Then to a point on the route Bipare-Subara (Soubara) about 2 km north of Bipare. Then to the ford of the stream Diro (Toucoufaï) on the route Binder-Garei (Bindéré-Garé) about 8 km northwest of Binder (astronomical observation pillar). Then to a point on the route Binder-Dumuru (Dumru), 4 km north of Binder, then to a point on the route Binder-Gidigis 5 km northeast of Binder, then to a point 5 km south of Dsigilau (Diguélao) on the route Dsigilau-Mindissi. Then to a point halfway from Dudula (Doubdoula) to Gouyou, then to a point halfway from Duei (Doué) to Gouyou, then to a point halfway from Soei to Boulambali, then to a point halfway from Soei-Rim to Bakri, then to a point halfway from Koumana-Rim to Bakri, then to a point halfway from Koumana to Forkuma, then to a point halfway from Sakumkeia (Soumkaia) to Forkumaï, then to a point halfway from Sakumkeia to Fornumei (Foimaï), then to a point 2 km south of Komergi (Kamargui-Frie) on the west bank of the Tubui swamp (Lake Fianga), then to a point on the east bank 2 km south of Gisei-Gibi (Guibi). Then to a point halfway from Pia to Made, then to a point halfway from Folofoi-Goumoune, then to a point 3 km south of Karam. H. From here to a point on the right bank of the Logone 2 km northwest of Ham (survey mark). From here to a point halfway from Gai to Tschoimbla (Gaia-Tschoymia), then to a point halfway from Tschafen to Gogodon (Tchaguen-Bouiouffou), then to the ford of the Ba-Tli on the route from Tschafen Gogodon to Maula, then to a point halfway from Mudigil-Moa 3 km east of Mudigil, then to a point 5 km west of Tauan, then to the opening of the Ba-Tli into the Chari (Schari) ... BL-EG 1117_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] J. From there, it runs down the Chari (Schari) to where it opens into Lake Chad. K. From the mouth of the main navigable branch of the Chari in Chad, as specified on the map attached to the present Protocol, the border reaches the intersection of the meridian 14° 28' east of Greenwich (12° 08' east Paris) with the parallel 13° 05' north latitude, then continues west along this parallel to the French-English border (Franco-English Convention of May 29, 1906). It is understood that the islands in Chad situated west and south of the border indicated above are part of the German territory; those situated to the east and south of said border are part of the French possessions. Article 2. Germany, with respect to the part of the waters of the Benue and its affluents located in its territory; and France, with respect to the part of the waters of the Mayo-Kebbi and the other affluents of the Benue located in its territory, recognize their respective obligations to apply the provisions relating to freedom of navigation and commerce stipulated in Articles 26, 27, 28, 29, 31, 32, and 33 of the Act of Berlin of February 26, 1885, and to ensure that said provisions are respected. Germany and France hereby guarantee to each other the benefit of said provisions relating to navigation of the Chari, the Logone, and their affluents. The Contracting Powers undertake the respective obligation to take all measures necessary for practically ensuring freedom of navigation on the watercourses mentioned above. For this purpose, after ratification of the present Treaty, they shall prepare joint regulations on navigation. The provisions of said regulations shall apply equally to navigation on the Congo, the Sangha, and its affluents. Article 3. In their possessions included in the basins of the Benue and its affluents, the Chari, the Logone, and their affluents, as well as the part of the French territory situated south of the 13th parallel N., the nationals, subjects, and protected persons of the two countries shall be treated with full equality with respect to use of the roads or other land communication routes. In these same territories, the nationals, subjects, and protected persons of the two countries shall be subject to the same rules and shall enjoy the same advantages with respect to acquisitions and installations necessary for developing their trade and industry. The land communication routes and roads of the costal basins of Cameroon or the coastal basins of the French Congo not included in the conventional basis of the Congo as defined by the Act of Berlin shall be exempt from these provisions. Nevertheless, these provisions shall apply to the route Yola-Ngaoundéré-Koundé-Gaza-Bani and vice versa. In the territories referred to in Paragraph 1 of the present Article, the tax rates or charges that could ... [truncated] BL-EG 1118_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] divided from one or the other part, do not allow any different application with respect to the nationals, residents of protected areas, and protected persons of the two countries. Article 4. The inhabitants on both shores shall have the same rights with respect to fishing and navigation in the German and French territorial waters of Lake Chad and in the waters mentioned in the above Articles, provided that the latter form part of the border. Article 5. The Protocol of February 4, 1894, including its Annex, as well as the Treaty of March 15, 1894, shall be invalid. Article 6. In witness whereof, the delegates have drawn up and signed the present Protocol. Done in Berlin in duplicate on April 9, 1908. (signed) v. Lindequist Gleim. v. Dandelman. Duchêne. Moll. Hermite. Annex. Article 1. Boundary marking of the border described in the present Treaty shall begin in situ within a period of four months after ratification of the Treaty. Article 2. The commissioners to be charged with boundary marking shall be authorized, in cases in which the border connects two points of the same water course in a straight line, to replace this straight line with said water course, provided that it is not too far away from said line. In the same manner, they shall be authorized to make minor changes based on the natural terrain lines as often they consider this to be useful and appropriate based on mutual agreement, but with the proviso that the territorial affiliation of the villages mentioned in the Treaty may not be changed. Such changes must be clearly indicated on special maps and must be submitted to the home governments for approval. Nevertheless, subject to ratification, these changes in straight line borders shall provisionally be deemed borders and shall be considered to constitute borders. Article 3. In cases where any land, based on the present Treaty, is removed from the jurisdiction of one of the powers and placed under that of the other, the inhabitants of said land shall be allowed to freely choose on which side of the border they wish to settle, and they shall be allowed, within a year of the date on which the ratification is concluded, to harvest any crops in the field and to take said products with them, together with all of their property. BL-EG 1119_T
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TRANSLATION WATER STREET TRANSLATIONS When the year following said ratification has elapsed, each of the Contracting Powers must determine, based on its internal legislation, the conditions under which the emigration or immigration of the indigenous populations is to take place. Article 4. In all cases in which the border is determined by the course of a river or stream, the thalweg shall serve as a limit. If however, the thalweg per se cannot be determined, in the same manner as for points where there are rapids, the median line of the water course shall constitute the border. Moreover, in the vicinity of islands, the limit shall pass halfway between the islands and the riverbank not belonging to the same power to which said islands belong. Article 5. Without prejudice to the general provisions of Article 4 of the Annex, which stipulates that with respect to the Kadeï, the Bounbé II, and the Chari, the thalweg of these rivers shall constitute the border, and the Contracting Powers reserve the following rights: in the event that a regulation on the status of possession of the islands of the aforementioned rivers should subsequently be recognized to be desirable in the interest of the inhabitants of either riverbank, it will be necessary to accept modifications in the attribution of said islands in accordance with proposals made in agreement by the representatives of the local administration, and with the guarantee of equitable and appropriate compensation. If it were to become apparent in the future that the provisions set forth in Article 1 Paragraphs A and B of the present Treaty concerning the status of possession of the islands located in the Kié, Ntem Korn, Aïna, Ngoko and Sangha rivers could be disadvantageous, the Contracting Powers reserve the right to amend these provisions, but with the proviso that neither of the two Parties shall gain an advantage without granting to the other Party a corresponding advantage. Article 6. By mutual agreement, the German and French Sections of the Mission for Delimitation of the South hereby adopt the following values for the latitude of the benchmark pillars of the parallel 2° 10, 20'' N: [key] [column headings, left to right] No. of pillars – Designation – Latitude – Distance in meters from parallel 2° 10' 20'' to the pillar north – south [2nd column, top to bottom] Route from Ndongo to Eta via the Djua valley. Direct route from Suangué (Suanké) to Eta Route west from Suangué to Eta Zoa (Sua) river Sée river Missoum-Missoum (Missum-Missum) river KIaragoa river north of Maka Nsanga river Aina river Article 7. Markers Nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, which mark the southern border, as well as those ... [truncated] BL-EG 1120_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] ... border marking line along the east border ... border pillars to be newly established shall be under the joint protection of the German and French governments. Should it later become necessary to replace a border pillar, each government shall send a representative for this purpose. Moreover, should it become necessary to mark the border more precisely using further pillars, each government shall send a representative to construct intermediate pillars. The position of these intermediate pillars shall be determined by the course of the border specified on the Treaty Map. Article 8. The French government guarantees to Germany the possession of the contiguous area of 2500 square km east of the straight line running from Bomassa to the point 15 km south of Mauwei. In the event that the area between this straight line and the border specified by Article 1, Paragraphs B and C is less than 2450 square km, it is to be extended to 2500 square km by means of an area that, starting from the confluence of the Njue with the Sfanga, is delimited in the east and west by the two rivers and in the north by a corresponding parallel. In the event that the area in question should turn out to be larger than 2500 square km, it is to be reduced to 2500 square km by shifting further to the west the starting point of the border referred to in Article 1, Paragraph C, from which it runs to the point 15 km south of Maumei. In the event that the area in question should have an area of between 2450 and 2550 square km, it is to be modified at the borderline described in Article 1, Paragraph C. The villages Ngombaco and Licagota shall remain French, both if later surveys determine that there is a change in position of less than 5 km in an east-west direction relative to the Treaty Map, and this would cause the villages to be located west of the borderline, and if said change in position is greater than 5 km, provided that the villages remain east of the borderline. In contrast, they will become German if the east-west change in position is greater than 5 km and this causes them to be west of the border. In any case, the border shall remain at least 5 km from the middle point between the two villages, and for this purpose, if necessary, shall run in an arc having a radius of 5 km to the west or east around the middle point between the villages. Article 9. The provisions set forth in this Treaty shall be governed by the maps attached hereto. Authorized as an Annex to the Protocol of April 9, 1908. Berlin, April 9, 1908. (L.S.) (signed) v Lindequist. Gleim. v. Dandelman. Duchêne Moll. Hermite. BL-EG 1121_T
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TRANSLATION WATER STREET TRANSLATIONS The present Convention shall be ratified, and the ratifications shall be exchanged in Berlin on August 1st, 1908, at the latest. Within a maximum period of four months after the exchange of these ratifications, any administrative and military posts established by each of the Contracting Powers outside the limits to their respective possessions specified by the present Treaty shall be evacuated. By sole reason of the expiration of this period, the changes in sovereignty resulting from the changes of the border specified by the present Treaty shall be considered to have been effected. Done in Berlin on April 18, 1908 in duplicate. (signed) v. Schoen. (signed) Jules Gambon. BL-EG 1122_T
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TRANSLATION WATER STREET TRANSLATIONS [stamp:] 44474 Nov. 10, 1911 No. 1137 Imperial Parliament. 12th Legislative Period. Session II. 1909/11 Berlin, November 7, 1911 [truncated] The Imperial Chancellor Dr. von Bethmann Hollweg. BL-EG 1123_T
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TRANSLATION WATER STREET TRANSLATIONS (Translation:) German-French Treaty on Morocco As a result of the disturbances that occurred in Morocco, which have demonstrated the necessity of promoting the peaceful progress provided for in the general interest by the Act of Algeciras, the Imperial German Government and the Government of the Republic of France deem it necessary to clarify and expand the German-French Treaty of February 9, 1909. They have therefore agreed to a new Treaty. Therefore, Mr. Kiderlen-Waechter, Secretary of State for Foreign Affairs of the German Empire, and Mr. Jules Gambon, Extraordinary and Authorized Ambassador of the Republic of France to His Majesty the Emperor of Germany, have communicated to each other their credentials, which have been found to be in good order, and have entered into the following Agreement: Article 1. The Imperial German Government hereby declares that, as it is only pursuing economic interests in Morocco, it will not hinder the action of France BL-EG 1124_T
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TRANSLATION WATER STREET TRANSLATIONS in providing its assistance to the Moroccan Government for introducing all of the administrative, judicial, economic, financial, and military reforms it requires for good government of the Empire, and for all new regulations and amendments of existing regulations included in said reforms. Therefore, it agrees to all measures of financial reorganization, control, and guarantees that the French Government considers necessary for this purpose, with the proviso that the action of France shall safeguard economic equality among the nations in Morocco. In the event that France should be led to specify and expand its control and its protection, the Imperial German Government, recognizing that France is fully at liberty to act in this regard, and with the proviso that the commercial freedom provided by prior treaties shall be maintained, will not oppose this. It is understood that there shall be no hindrance of the rights and actions of the National Bank of Morocco as defined by the Act of Algeciras. Article 2. In this sense, it is understood that the Imperial Government shall not prevent France, after obtaining the agreement of the Moroccan Government, from proceeding with any military occupation of the territory of Morocco it deems necessary for maintaining the order and security of trade. The BL-EG 1125_T
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TRANSLATION WATER STREET TRANSLATIONS same shall apply for all police measures in the country and in Moroccan waters. Article 3 In the event that His Majesty the Sultan of Morocco should entrust to the diplomatic and consular officials of France the representation and protection of Moroccan subjects and interests abroad, the Imperial Government declares that it will not object to this. On the other hand, if His Majesty the Sultan of Morocco should entrust to the representative of France with the Moroccan Government the task of acting as its intermediary with respect to foreign representatives, the German Government will not object to this. Article 4 The French Government declares that, being resolved to firmly maintain, in an inviolable manner, the principle of free trade in Morocco, it will not allow any unequal treatment in the introduction of customs duties, taxes, and other fees, nor in the determination of transportation fees by railroad, river vessel, or any other traffic routes, nor will it allow this in all matters pertaining to through traffic. Similarly, the French Government shall intercede with the Moroccan Government in order to oppose any differential treatment of members of the various powers; specifically, it shall oppose any measure, for example the issuing of administrative ordinances concerning weights and measures, calibration methods, hallmarking of precious metals, etc., which could adversely affect the competitiveness of a state. BL-EG 1126_T
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TRANSLATION WATER STREET TRANSLATIONS The French Government undertakes to exert its influence on the National Bank to ensure that said bank will successively confer upon its directors in Tangier the posts it has available as delegates to the Commission on Customs Values and the Permanent Customs Committee. Article 5. The French Government shall ensure that no export duties are charged on iron ore exported from Moroccan ports. Iron ore mining companies shall not be subject to any special tax on their production or working equipment. They shall only be charged a fixed fee, calculated per hectare and per year, and a fee proportionate to the gross extraction product. These fees, which shall be assessed in accordance with Articles 35 and 49 of the Draft Mining Regulations attached to the Protocol of the Conference of Paris of June 7, 1910, shall be paid in equal amounts by all of the mining companies. The French Government shall see to it that the mining duties are collected regularly, without any individual discounts on the entirety or a part of the duties being granted under any pretext whatsoever. Article 6. The Government of the Republic of France undertakes to ensure that all work and supplies necessitated by any construction of roads, railroads, ports, telegraphs, etc., are granted by the Moroccan Government in accordance with the regulations governing contracting. BL-EG 1127_T
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TRANSLATION WATER STREET TRANSLATIONS It further undertakes to ensure that the tendering conditions, particularly with respect to the supply of materials and the deadlines for tender offers, do not put any country at a disadvantage. The operation of the aforementioned large companies shall be reserved for the Moroccan State or freely transferred by said State to third parties that might be commissioned to procure the means necessary for this purpose. The French Government shall see to it that in operation of the railroads and other means of transport and in application of the ordinances intended to regulate said operation, there is no unequal treatment of the members of the various countries that make use of these means of transport. The Government of the Republic shall exert its influence with the National Bank to induce the Bank to successively assign the government position of delegate to the members of its Board in Langer, said delegate being at its disposal in the "commission générale des adjudications et marchés" [General Commission on Tenders and Markets]. Moreover, the French Government shall intercede with the Moroccan Government in order to have it assign to a member of the powers represented in Morocco one of the three positions of Sherif Delegate to the "comité spécial des travaux publics" [Special Public Works Committee] for the effective period of Article 66 of the Algecira Act. Article 7. The French Government shall intercede with the Moroccan Government so that the owners of mines and industrial and agricultural enterprises, regardless ... [truncated] BL-EG 1128_T
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TRANSLATION WATER STREET TRANSLATIONS [...]tionality and in accordance with the regulations that shall be issued based on French legislation on this subject may be authorized to construct railroads in order to link their centers of production to the lines of general interest or to the ports. Article 8 A report on the operation of the railroads in Morocco shall be submitted every year and shall be drawn up in the same form and conditions as the reports submitted to the general stockholders' meetings of the French railroad companies. The Government of the Republic shall commission one of the administrators of the National Bank to draw up this report, which shall be submitted, together with the material upon which it is based, to the censors, and if applicable, any attached comments considered necessary by the latter based on their own inquiries shall then be made public. Article 9. In order to avoid to the extent possible any diplomatic claims, the French Government shall make every effort to have the Moroccan Government refer to an arbitrator appointed on an ad hoc basis any complaints made by foreign nationals against the Moroccan authorities or agents acting in the capacity of the Moroccan authorities for each matter by joint agreement of the French Consul and that of the power concerned, or in the absence thereof, of the two Governments by their Consuls, after it has proven not to be possible to settle such complaints via the intermediary of the French Consul and the Consul of the government concerned. BL-EG 1129_T
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TRANSLATION WATER STREET TRANSLATIONS This procedure shall remain in effect until such time as a legal order is issued that is in accordance with the model of the legal principles of legislation of the powers involved and will then be intended to replace the consular courts after first obtaining their consent. Article 10. The French Government shall see to it that foreign nationals will continue to be able to exercise the right of fishing in Moroccan waters and harbors. Article 11. The French Government shall intercede with the Moroccan Government to ensure that it opens new foreign trade harbors according to its needs. Article 12. At the request of the Moroccan Government, both governments undertake, in agreement with the other powers based on the Madrid Convention, to conduct an examination of the lists and the position of the foreign protected persons and Mochalates [type of protected person having fewer protective rights. – Tr.] mentioned in Articles 8 and 10 of this Convention. They further agree to support any amendment to the Madrid Convention by the signatory powers that may become necessary due to a subsequent change in the system of wards and Mochalates. Article 13. All provisions of an understanding or an agreement, a contribution or ... [truncated] BL-EG 1130_T
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TRANSLATION WATER STREET TRANSLATIONS [...] contrary to the preceding stipulations shall be and remain invalid. Article 14. The other signatory powers of the Act of Algeciras shall be informed of the present Treaty, and the two governments undertake to support each other in securing the compliance of said powers therewith. Article 15. The present Treaty shall be ratified, and ratifications shall be exchanged in Paris as soon as possible. Done in Berlin on November 4, 1911, in duplicate. Kiderlen. Jules Cambon. BL-EG 1131_T
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TRANSLATION WATER STREET TRANSLATIONS German-French Treaty on the Possessions of the Two Countries in Equatorial Africa The Imperial German Government and the Government of the Republic of France have agreed, following and as a supplement to the Treaty of Morocco of November 4, 1911, and as compensation for the protective rights that have been granted to France with respect to the Sherif Kingdom, to carry out an exchange of territory in their possessions in Equatorial Africa and to conclude a Treaty for this purpose. Therefore, Mr. Kiderlen-Waechter, Secretary of State of the Foreign Office of the German Empire, and Mr. Jules Gambon, Extraordinary and Authorized Ambassador of the Republic of France to His Majesty the Emperor of Germany, have communicated to each other their credentials, which have been found to be in good order, and have entered into the following Treaty: Article 1. France shall cede to Germany the following areas, the borders of which are established as follows: BL-EG 1132_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] ... coast of the Atlantic from a point to be fixed on the eastern shore of the Bay of Monda, toward the mouth of the Massolié. Running toward the northeast, the border turns off towards the southeast corner of Spanish Guinea. It intersects the Ivondo river at its confluence with the Djoua, follows this river until Madjingo (which will remain French), and from this point, it runs east and then ends at the confluence of the Ngoko and the Sangha north of Ouesso. The border then leaves the Sangha river at a point situated south of the center of Ouesso (which will remain French) at a distance of at least 6 km and at most 12 km from this location, according to the geographic layout of the area. It turns off toward the southwest and then rejoins the Kandéko valley, continuing to its confluence with the Bokba. It then goes down this river and the Likouala up to the right bank of the Congo river. It follows the Congo river to its confluence with the Sangha, and in such a manner as to occupy on the bank of the Congo an area measuring from 6 to 12 km, which shall be determined according to geographic conditions. It goes back up the Sangha to the Liouala-aux-herbes, which it then follows until Botungo. It then continues north, following an approximately straight line, to Béra Ngoko. It then turns off in the direction of the confluence of the Bodingué and the Lobaye and continues to the Ubangi north of Mongoumba. On the right bank of the Ubangi and according to the geographic layout of the area, the German territory shall be determined so as to extend over an area of at least 6 km and ... [truncated] BL-EG 1133_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] ... point west of its junction with the Mbi, goes up the valley of the Pama and meets the East-Logone approximately where this river reaches the eighth parallel at Goré. It finally follows the course of the Logone to the north until its junction with the Schari. Article 2. Germany shall cede to France the areas located north of the current border of the French possessions in the area of Chad between the Schari in the east and the Logone in the west. Article 3 Within a period of 6 months counting from the date on which the ratifications of the present Treaty are exchanged, a technical commission, the members of which are to be appointed in equal numbers by the German and French Governments, shall determine the course of the border in accordance with the general data resulting from the wording of Articles 1 and 2. Within a period of 18 months counting from the date on which the Protocol on the work of the technical commission is signed, in accordance therewith and by joint agreement, the commission shall proceed as quickly as possible with demarcation of the borders and designation and demarcation of the territory leased to the French Government as provided for in Article 8. Article 4. The technical commission and the ... [truncated] BL-EG 1134_T
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TRANSLATION WATER STREET TRANSLATIONS [...] tasked with the demarcation mentioned in the preceding article may take into account the configuration of the terrain and the local circumstances by common agreement; such as, for example, the ease of monitoring the border or the racial makeup of the population. To the extent possible, they shall see to it that the border follows the natural limits indicated by the water flow, and in cases in which the border cuts across the direction of the rivers, they shall see to it that the border follows the watershed. The minutes of the technical commission and those of the officials carrying out demarcation shall not be considered final until they have been ratified by the two governments. Article 5. The present exchanges of territory shall be carried out under the conditions prevailing in these territories at the time of conclusion of the present Treaty, i.e., the two governments shall respect any public and private concessions that may have been granted by each of them. The two governments shall provide each other with the text of the deeds by which said concessions have been granted. The German Government shall replace the Government of the Republic of France in all of the advantages, rights, and obligations resulting from the above deeds with respect to the concessionaire companies, which shall then come under the sovereignty, the authority, and the jurisdiction of the German state. A special agreement shall regulate the application of the above provisions. The same shall apply for the French state with respect to any concessions ... [truncated] BL-EG 1135_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] .. located in the areas that come under its sovereignty, authority, and jurisdiction. Article 6. The German Government shall in no way hinder the operation, maintenance, improvement, and renovation work on the French telegraph line running along the Ubangi. Said line shall remain French, including its course through German territory. The German authorities shall be free to use the line under conditions to be determined at a later date. Article 7. Should the French Government wish to extend a railroad through the German territory between Gabon and Middle Congo and between the latter colony and the Ubangi-Schari, the German Government shall not hinder this. The preliminary studies and work shall be carried out according to agreements to be reached between the two governments at the time in question, with the German Government reserving the right to indicate whether it wishes to participate in carrying out this work on its territory. If the German Government wishes to further extend an existing railroad in Cameroon through French territory, the French Government shall not hinder this. The preliminary studies and work shall be carried out according to agreements to be reached between the two governments at the time in question, with the French Government reserving the right to indicate whether it wishes to participate in carrying out this work on its territory. BL-EG 1136_T
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TRANSLATION WATER STREET TRANSLATIONS Article 8. The Imperial Government shall lease to the French Government, under conditions to be determined in a special deed, parcels of land bordering the Benue, the Mayo Kébi and below in the direction of the Logone, to be selected for the purpose of establishing supply stations and warehouses intended to constitute a stage route. Each of these parcels of land, the length of which along the river shall be no more than 500 meters at high water, shall have an area of not greater than 50 hectares. The position of the land shall be determined according to the configuration of the site. If, in the future, the French Government wishes to construct a road or a railroad between the Benue and the Logone above or below the Mayo Kébi, the Imperial Government shall not hinder this. The German Government and the French Government shall agree on the conditions under which this work may be carried out. Article 9. Germany and France, wishing to confirm their friendly relations in their possessions in Central Africa, undertake not to construct any fortified structures along any rivers used for common navigation. This provision shall not apply to simple security structures intended to protect the stations against any incursions by the indigenous people. Article 10. The French and German Governments shall agree on the work to be carried out in order to facilitate the circulation ... [truncated[ [page 17 missing from original] BL-EG 1137_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] ... German troops, their arms and ammunition, as well as their supplies, via the Congo, the Ubangi, the Benue, and the Mayo Kébi, and if applicable, the railroad to be constructed from the coast to Brazzaville. In either case, the troops, if they are purely indigenous, shall always be accompanied by a European officer, and the government of the territory over which the troops pass shall take all measures necessary in order to prevent any difficulty from hindering their passage, and if necessary, may delegate an agent to accompany them. The local authorities shall determine the conditions under which said passage of troops takes place. Article 14. Equal treatment for transportation of persons and goods shall be guaranteed to the nationals of the two countries on the railroads of their possessions in the Congo and Cameroon. Article 15. Beginning on the date of the mutual transfer of the territory ceded to France by Germany and to Germany by France, the German Government and the French Government shall no longer exercise any type of protection of or authority over the indigenous peoples of the respective territory ceded by them. Article 16. In the event that the territorial status of the Congo basin as defined by the Act of Berlin of February 26, 1885, should be modified by either of the Contracting Parties, they shall consult with each other as ... [truncated] BL-EG 1138_T
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TRANSLATION WATER STREET TRANSLATIONS [truncated] ... signatory powers of the aforementioned Berlin Act. Article 17. The present Treaty is to be ratified, and the ratification documents are to be exchanged in Paris as soon as possible. So done in duplicate in Berlin on November 4, 1911. BL-EG 1139_T
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirms that the foregoing translation was preparedbyMatthew McGaughey, a linguist with substantialexperience in the translation of documents fromGerman and French into English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translationinto English of the German and French text attached herewith."Kent G. HeineWater Street Translations, LLC04/27/21_Date
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Annex 6
The Spanish State, General Directorate of African Territories and Provinces, Study of the Border Between Gabon and Rio Muni – Crossing Points (1965)
TRANSLATION WATER STREET TRANSLATIONS STUDY OF THE BORDER BETWEEN GABON AND RIO MUNI. - CROSSING POINTS 1. Bitam-Ebebiyin Highway in Río Muni to Meyó-Kié Customs in Gabon. 2. Ngoken Road in Río Muni to Azomé in Gabon. 3. Road from Oveng in Río Muni to Fong in Gabon. 4. Road from Alén-Efac in Río Muni to Fong in Gabon. 5. Road from Ngong in Río Muni to Ncolayong in Gabon. 6. Road from Alén-Camp in Río Muni. 7. Road from Anunguom in Río Muni to Evot in Gabon. 8. Road from Ngometé in Río Muni to Bilosí in Gabon. 9. Road from Mibang in Río Muni to Nciom in Gabon. 10. Oyem-Mongomo Highway in Río Muni with Abang Customs in Gabon. 11. Road from Ebang (Esangui) in Río Muni with Enuc in Gabon. 12. Road from Asoc in Río Muni to Enuc in Gabon. 13. Road from Asoc in Río Muni with Dova in Gabon. 14. Road from Asinegosí in Río Muni with Oveng-Avé in Gabon. 15. Road from Nsorc in Río Muni with Avo in Gabon. 16. Road from Ncomayop in Río Muni with Samag in Gabon. 17. Road from Alum in Río Muni to Bangayé (Mindyk-Moduno highway) in Gabon. 18. Moffut Highway in Río Muni to Medoneu in Gabon. 19. Road from Masomo in Río Muni to Efulalán in Gabon. 20. Acurenan-Moduno Highway. 21. Road from Acurenan to the Moduno Highway toward Montes de Cristal [Crystal Mountains]. 22. Road from Nienfala in Río Muni to Avora in Gabon. 23. Road from Asobla in Río Muni 24. Muni-Puerto Iradier Estuary in Río Muni, Cocobeach in Gabon. [stamp:] [illegible] GENERAL DIRECTORATE OF AFRICAN TERRITORIES AND PROVINCES Annex 6
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The Spanish State Parliament, Agreement Between the Spanish State and The Gabonese Republic Concerning Circulation and Border Exchange Between Rio Muni and Gabon, Official Gazette No. 931 (4 October 1966)
TRANSLATION — 19959 — SPANISH PARLIAMENT OCTOBER 4, 1966—NO. 931 between Rio Muni and Gabon, orders were given for it to be sent to the Foreign Affairs Commission, which is responsible for studying it, for the purposes provided for in Article 14 of the Act creating the Spanish Parliament, after its publication in the Official Gazette of Parliament. Regardless of which commission they are on, members may submit objections to the text during a period of fifteen days following the day after this publication. Palace of Parliament, October 3, 1966. Antonio Iturmendi, President AGREEMENT BETWEEN THE SPANISH STATE AND THE REPUBLIC OF GABON CONCERNING CIRCULATION AND BORDER EXCHANGE BETWEEN RIO MUNI AND GABON ARTICLE 1 For the purposes of this Agreement, the border zone shall be approximately 10 kilometers wide on each side of the border. An exchange of notes will later establish the list of towns and population centers located in that zone. ARTICLE 2 The citizens of each country who reside permanently in the border zone and whose habitual activity or established family reasons require them to move frequently to the line of the border zone shall be considered border residents under the terms of this Agreement. ARTICLE 3 Border exchanges shall take place free of duties or charges of any type. Transfers of animals or natural products of the country, made by the inhabitants (heads of household or housewives) in the border zone shall be considered border exchanges. To be duty-free they must have a value of less than 10,000 francs or 2,000 pesetas, when they are natural products of the country, and four head at the most in the case of live animals, with the exception of bovids. Coffee and cacao are excluded from the facilities provided for in this article. Transfers of manufactured products, effected by the inhabitants (heads of household or housewives) of the border zone shall also be free of duties and charges of any type, in a maximum limit of 2,500 francs or 500 pesetas. The products listed below shall be completely excluded from the duty-free provisions: — alcoholic beverages of any type; — leaf or manufactured tobacco; — firearms, munitions of any type and powder for munitions; — matches. ARTICLE 4 The document that establishes the right of border residents to cross the border and to freely circulate in the border zone shall be called a “border card.” This card shall be a personal document, valid for a maximum of one year following the date it is issued, and shall be renewable. The card shall be in the form of a carnet, on a model to be established, with a recent photograph of the bearer affixed, and shall state the reason it is issued, the destination population center or centers and the required border crossings. Children under fifteen years of age may be included on the card of the border resident they are accompanying. ARTICLE 5 The document that establishes the right of border residents to cross the border and to freely circulate in the border zone shall be called a “border card.” For the purposes of this Agreement, The status of border subject shall not ipso facto confer the right to obtain a border card, which may be denied to individuals not known to be honorable. LB-SPA 1143_T WATER STREET TRANSLATIONS Annex 7
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TRANSLATION — 19960 — SPANISH PARLIAMENT OCTOBER 4, 1966—NO. 931 This card may be revoked at any time, in the event of abuse, by any of the jurisdictional authorities of either country, without prejudice to the criminal or other types of penalties that may be applied. The authority that has revoked the card must report the measure as soon as possible to the jurisdictional authority of the other country. ARTICLE 6 Border cards shall be issued in Rio Muni by the military commander of the district, and in Gabon by the jurisdictional authority of the Prefecture. Border cards issued in Rio Muni shall be submitted for a visa from the appropriate Gabonese authority and vice versa. This visa, which shall be valid for a maximum of one year, shall be issued free of charge by either party, within the shortest time possible. ARTICLE 7 A border card shall give the bearer access to the population center or centers stated on it. To have access to the stated population center or centers, the bearer must exclusively use the border crossings stated on the card. ARTICLE 8 In the event of full closure of the border and for the duration of such closing, a border card will not allow crossing of the border. In the event of only partial closure, a border card shall allow crossing of the border at the closest crossing point that remains open. In this case and as far as possible, closing measures shall be reported in advance to the border authorities of the other country. ARTICLE 9 This Agreement shall remain in effect for one year and shall be tacitly extended for periods of the same duration in subsequent years, unless one of the High Contracting Parties files a complaint, which must be done at least three months prior to the expiration of each annual period. If, as a consequence of the operations effected under this Agreement, the importation of any manufactured or natural product of the country would be a notable detriment to the economy of either of the High Contracting Parties, the affected government may propose that that product be excluded from application of the norms contained herein. ARTICLE 10 This agreement shall enter into effect on the same date in both countries. This date shall be determined upon the exchange of Instruments of Ratification to take place. OFFICE OF THE PRESIDENT OF THE SPANISH PARLIAMENT By a decision of the Council of Ministers this Office of the President has been sent the bill by which twenty-five staff positions of captains of the Land Register of the Naval Corps of Machinists are to be transferred to the Naval Register, and this Office orders that it be forwarded to the National Defense Commission, which is responsible for its study, and that it be published in the Official Gazette of the Spanish Parliament, in keeping with the provisions of Article 34 of the Regulations in effect. Regardless of which commission they are on, members may exercise their right under Article 35 of those Regulations, by submitting, to the office entrusted with studying the bill, the amendments they consider pertinent to the entire bill or to any article, within a period of fifteen days following the day after this publication. Palace of Parliament, October 3, 1966. Antonio Iturmendi, President Law No. 78/1962 (Official State Gazette 310), approving the staff of the Naval Corps, set at fifty-seven LB-SPA 1144_T WATER STREET TRANSLATIONS Annex 7
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThis hereby confirms that the foregoing translation was prepared by Laura Pohlig, a linguist with substantial experience in the translation of documents from Spanish into English as certified by the American Translators Association.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith."Kent G. HeineWater Street Translations, LLC09/12/21_Date
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Convention between The Spanish State and The Gabonese Republic Concerning Cross-Border Exchanges and Movement Between Rio Muni and Gabon, Appendix 2 Concerning the Towns or Urban Areas to be Included in the 10 KM Zone Referred to in the Convention (1966) (Spain’s list of towns in border zone)
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TRANSLATION LB-SPA 1217_T WATER STREET TRANSLATIONS CONVENTION ___________________________ BETWEEN THE SPANISH STATE AND THE GABONESE REPUBLIC CONCERNING CROSS-BORDER EXCHANGES AND MOVEMENT BETWEEN RIO MUNI AND GABON We, the Spanish Government and the Gabonese Government, wishing to facilitate good neighborly relations between Río Muni and Gabon, have appointed as Plenipotentiaries: The Head of the Spanish State: His Excellency Mr. Teodomiro de Aguilar y Colomer, Ambassador Extraordinary and Plenipotentiary of Spain in Libreville; The President of the Gabonese Republic: His Excellency Mr. Jean Engone, Minister of Foreign Affairs; Who, after exchanging their respective full powers, which were found to be in good and proper form, have agreed to regulate the movement of their nationals within the border zone and in cross-border exchanges between the two territories, as set forth below: ARTICLE 1 For the purposes of this Convention, the border zone shall have a width of approximately 10 km on each side of the border. The list of locations and urban areas to be included in such zone shall be determined in a future exchange of Notes. ARTICLE 2 Pursuant to the provisions of this Convention, border residents shall be understood to mean the citizens of each of the two countries who reside in the border zone on a
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TRANSLATION – 2 – LB-SPA 1218_T WATER STREET TRANSLATIONS permanent basis and who frequently travel to the borderland due to their routine activities or for permanent family reasons. ARTICLE 3 Cross-border exchanges shall be made exempt from all types of duties and fees. Transfers of animals or natural products of the country made by border zone residents (heads of household or housewives) shall be considered to be cross-border exchanges. In order to be admitted under such exemption, the value of natural products of the country must be less than 10,000 francs or 2,000 pesetas, and a maximum of four heads in the case of live animals, with the exception of bovines. Coffee and cacao are excluded from the terms set forth in this article. Transfers of manufactured products from the border zone made by border zone residents (heads of household or housewives) shall also be fully exempt from all types of duties and fees up to a maximum limit of 2,500 francs or 500 pesetas. The products listed below are fully excluded from the exemption measures: - all types of alcoholic beverages. - leaf tobacco or manufactured tobacco. - firearms, munitions of all types and gunpowder for munitions - matches. ARTICLE 4 The document that gives border residents the right to cross the border and freely circulate within the border zone shall be called the “Border Crossing Card.” This Card shall be issued to individual holders, with a maximum validity period of
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TRANSLATION – 3 – LB-SPA 1219_T WATER STREET TRANSLATIONS one year from the date of issuance thereof, and shall be renewable. The Card shall be issued in the form of an I.D. card, in a model form to be determined, with a recent photograph of the holder affixed thereon. The card shall also state the reason for issuance, the urban area(s) of destination and the obligatory thoroughfare(s). Children under the age of 15 years may be included in the Cards of the border residents they accompany. ARTICLE 5 For the purposes of this Convention, border resident status does not, ipso facto, confer the right to obtain a Border Crossing Card, which may be denied to individuals who are not of good repute. The above-mentioned Card may be revoked in the event of misuse at any time by any competent Authority of either country, without prejudice to any criminal penalties or other penalties that may be imposed. Any Authority that has revoked such Card must promptly notify the competent Authority of the other country. ARTICLE 6 Border Crossing Cards shall be issued in Río Muni by the Military Commander of the district, and by the competent Authority of the Prefecture in Gabon. Border Crossing Cards issued in Río Muni shall be subject to the approval of the competent Gabonese Authority, and vice versa. This approval, which shall be valid for a maximum of one year, shall be issued free of charge by each of the Parties within the shortest possible time period. ARTICLE 7 Border Crossing Cards shall grant access to the urban area or areas specified
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TRANSLATION – 4 – LB-SPA 1220_T WATER STREET TRANSLATIONS thereon. In order to gain access to such urban area or areas, the holder must use only the thoroughfare(s) indicated on the Card. ARTICLE 8 In the event of total closure of the border, and for the duration of such closure, the Border Crossing Card shall not authorize the holder to cross the border. In the event of partial closure, the Border Crossing Card shall allow the holder to cross the border via the nearest open thoroughfare. In such case, and to the extent possible, the border Authorities of the other country shall be notified of the closure measures in advance. ARTICLE 9 This Convention shall remain in effect for one year and shall be automatically extended for successive one-year periods, except in the case of a complaint by one of the High Contracting Parties, which must be made at least three months prior to the expiration of each annual period. If as a result of the operations carried out under this Convention the import of any manufactured or natural product of the country were to notably impair the economy of either of the High Contracting Parties, the affected Government may propose to exclude the provisions set forth therein from being applied to such product. ARTICLE 10 This Convention shall enter into force on the same date in both countries. Such date shall be established through the subsequent exchange of Ratification Instruments. In witness whereof, the Plenipotentiaries hereby sign this Convention and
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TRANSLATION – 5 – LB-SPA 1221_T WATER STREET TRANSLATIONS affix their Seals. Made in four counterparts, with two written in Spanish and two written in French. The four versions are all equally authentic. Libreville, on For the Spanish State For the Gabonese Republic T. de AGUILAR Jean ENGONE Ambassador of Spain Minister of Foreign Affairs Annex 8
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TRANSLATION LB-SPA 1222_T WATER STREET TRANSLATIONS APPENDIX 2 TO AGREEMENT NUMBER 3 CONCERNING THE TOWNS OR URBAN AREAS TO BE INCLUDED IN THE 10 KM ZONE REFERRED TO IN THE CONVENTION. -------------------------------------------------------------------------------------------- ================================================================== PRESIDENCY OF THE GOVERNMENT GUINEA SECTION - Bureau of African Towns and Provinces - Annex 8
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TRANSLATION LB-SPA 1223_T WATER STREET TRANSLATIONS LIST OF RIO MUNI LOCATIONS TO BE INCLUDED IN THE 10 KILOMETER BORDER ZONE (FROM NORTH TO SOUTH AND EAST TO WEST). --------------------------------------------------------------- DISTRICT OF EBEBIYIN Alen (Camp) DISTRICT OF MONGOMO DISTRICT OF N‘ SORC Asoc (Camp) -------------------- Annex 8
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TRANSLATION LB-SPA 1224_T WATER STREET TRANSLATIONS – 2 – DISTRICT OF ACURENAN DISTRICT OF COGO --------------------------------------------- --------------------------- ------------ Annex 8
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirms that the foregoing translation was preparedbyJamie Mullin,a linguist with substantialexperience in the translation of documents fromSpanishinto English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith."Kent G. HeineWater Street Translations, LLC03/19/21_Date
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Letter from the Director General of African Cities and Provinces (Presidency of the Government of Spain) to the Director General of African Affairs (Spanish Ministry of Foreign Affairs), attaching Annex I to Act No. 3 Concerning the Obligatory Boundary Crossings Proposed by the Commission on the Common Boundary Between the Republic of Gabon and Equatorial Guinea (19 October 1965) (excerpt)
TRANSLATION [Seal] GUINEA SECTION; OFFICE OF THE GOVERNMENT; General Office of African Cities and Provinces ANNEX I TO RECORD No. 3, CONCERNING THE MANDATORY BOUNDARY CROSSINGS PROPOSED BY THIS COMMISSION [Handwritten] 10-3 EG 0058_T WATER STREET TRANSLATIONS Annex 9
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TRANSLATION COMMON BOUNDARY BETWEEN THE GABONESE REPUBLIC AND EQUATORIAL GUINEA PROPOSED CROSSING POINTS 1. Bitam – Ebebiyín Road, through Meyó Kye 2. Road from Ngong (Río Muni) to Ncalayong (Gabón) 3. Road from Alen (Río Muni) to Akan (Gabón) 4. Road from Anunguong (Río Muni) to Abot (Gabón) 5. Road from Ngomete (Río Muni) to Bilosi (Gabón) 6. Road from Mibang (Río Muni) to Assok (Gabón) 7. Oyem-Mongo Road, through Abam Eba (customs post) 8. Road from Ebong (Esangui) (Río Muni) [to] Enuc (Gabón) 9. Road from Asoc (Río Muni) to Doua (Gabón) 10. Road from Asinegosi (Río Muni) to Oveng Abe (Gabón) 11. Road from Nsork (Río Muni) to Avo (Gabón) 12. Road from Nsork (Río Muni) to Sam (Gabón) 13. Road from Masomo (Río Muni) to Efulalen (Gabón) 14. Road from Acurenam to Medouneo 15. Muni River Estuary – Puerto Iradier – Cocobeach EG 0060_T WATER STREET TRANSLATIONS Annex 9
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirms that the foregoing translation was preparedbyLaura Pohlig,a linguist with substantialexperience in the translation of documents fromSpanishinto English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith."Kent G. HeineWater Street Translations, LLC09/26/21_Date
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The Republic of Equatorial Guinea, Treaty Regarding the Delimitation of the Maritime Boundary Between the Republic of Equatorial Guinea and the Democratic Republic of Sao Tome and Principe (26 June 1999)
page 1| Delimitation Treaties Infobase | accessed on 24/06/2002DOALOS/OLA - UNITED NATIONSTreaty Regarding the Delimitation of the Maritime Boundary between the Republicof Equatorial Guinea and the Democratic Republic of Sao Tome and Principe,26 June 1999The Republic of Equatorial Guinea and the Democratic Republic of Sao Tome and Principe, desiring to strengthen theties of friendship and good relations that exist between the two States and peoples;Taking into account the United Nations Convention on the Law of the Sea of 10 December 1982 and the relevantprinciples of general international law;Recognizing the need to determine exactly the delimitation of the maritime boundary between the two States in anequitable manner using equidistance as the general criterion for delimitation;The Parties decide to conclude this Treaty for that purpose,And have appointed as their Plenipotentiaries:For the Republic of Equatorial Guinea:His Excellency Mr. Miguel Oyone Ndong Mifumu,Deputy Prime Minister in charge of Foreign Affairs and International Cooperation,For the Republic of Sao Tome and Principe:His Excellency Mr. Alberto Paulino,Minister for Foreign Affairs and Communities,Who, having communicated to each other their full powers found to be in good and due form, have agreed on thefollowing:Article 1The purpose of this Treaty is to recognize the maritime boundary between the Republic of Equatorial Guinea and theDemocratic Republic of Sao Tome and Principe.Article 2The maritime boundary between the Republic of Equatorial Guinea and the Democratic Republic of Sao Tome andPrincipe established by this Treaty shall be defined by the geodesic lines joining the following coordinates:(a)Between the Republic of Equatorial Guinea (Annobón Island) and the Democratic Republic of Sao Tome andPrincipe (Sao Tome Island)Point No.LatitudeLongitude11°29'04"S7°16'30"E20°47'15.8"S6°11'30.7"E30°12'54"S5°19'23"E40°41'45.3"N3°37'03.2"E50°54'59.5"N3°12'32.95"E(b)Between the Republic of Equatorial Guinea (Bioco Island - Rio Muni) and the Democratic Republic of SaoTome and Principe (islands of Sao Tome and Principe)Point No.LatitudeLongitude10°37'25"N8°11'42"E21°00'15"N8°18'10"E31°11'32.65"N8°21'38.75"E41°17'48"N8°22'48"E51°24'14"N8°24'08"E61°38'45"N8°27'58"E71°49'10"N8°30'15"E81°54'45"N8°31'15"E
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page 2| Delimitation Treaties Infobase | accessed on 24/06/2002DOALOS/OLA - UNITED NATIONS92°04'01.6"N8°33'00.5"E102°12'48"N8°21'57"E112°25'32"N8°02'40"E122°31'35.3"N7°53'20.4"E132°38'34"N7°42'13"E142°50'00"N7°25'52"E153°02'31.75"N7°07'17.45"EArticle 3The geodesic points defined in article 2 shall be established in reference to the World Geodesic System 1984.Article 4Neither State will claim or exercise sovereign rights or have jurisdiction over the waters, seabed and subsoil or airspaceon the side of the maritime boundary belonging to the other Party as established under article 2 of this Treaty.Article 5This treaty shall enter into force provisionally upon signature and definitively on the date on which the Parties havecommunicated to each other the instruments of ratification.DONE at Malabo on 26 June 1999 in two (2) original versions, each one in Spanish and Portuguese, both texts havingequal authority.For the Republic of Equatorial Guinea:[Signature]For the Democratic Republic of Sao Tome and Principe:[Signature]
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French-Spanish Commission, Conference on the Delimitation in West Africa, Archives of the French Ministry of Foreign Affairs, Annex to Protocol No. 17 (24 December 1886) (excerpt)
TRANSLATION 425 Annex to Protocol no. 17 The Treaty concluded at El Pardo between Spain and Portugal on March 1, 1778, was drafted with such great clarity that there cannot be any ambiguity; thus we cannot see anything in it that is not found to be expressly stipulated, i.e., the concessions made to the Spanish by the Portuguese are of two types. Some relate to cessions of territorial rights (Fernando Islands(1) and Annobon Islands(2)); the others relate to grants of simple commercial advantages on the part of the continent opposite these islands. [stamp:] FOREIGN AFFAIRS R.F. ARCHIVES It should be noted that these concessions corresponded perfectly to the views of the Spanish Government which, having repurchased, by virtue of the treaty signed in Buen Retiro on October 5, 1750, the right that Great Britain […] (1) Fernão du Pó. (2) Anno-bom FR-EG 0852_T WATER STREET TRANSLATIONS Annex 11
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TRANSLATION 6/ The former king of Corisco died in 1843, shortly after the annexation of that island. Oregock(1) who succeeded him that same year, took the title of King of Corisco, Elobey and dependencies, in the act of February 18, 1846, which confirmed this annexation; and he recognized that these islands were Spanish, swearing loyalty in the hands of the Most Illustrious envoy of Her Majesty the Queen of Spain, Don Adolfo Guillemard d’Aragon, Arbitrator of the Joint Tribunal established at Sierra Leone, Consul General of Spain on the Coast of Africa and Inspector General of the Islands of Ella possessed in the Gulf of Guinea.(2) The letter of nationality, issued on that occasion to the inhabitants of Corisco specifies that Elobey Chico is part of the dependencies of the first of these islands,(3) but it does not mention any others, and consequently Spain cannot rely on this document to (1) Jack Lemond, according to Admiral Bosse (2) No reference to the coastline of the Gulf of Biafra. (3) The geographical dependencies of Corisco are: Laval [Leva] and the one called Baynia [Mbañe]. 428 claim Elobey Grande; as for Elobey Chico, an uninhabited rock at the time, it depends on Grande, and not on Corisco, and it should be noted that the two chiefs who made their marks on the bottom of the act of February 18, 1846, clearly belonged to the latter island. [stamp:] FOREIGN AFFAIRS R.F. ARCHIVES Finally, Don Carlos Chacon, who had just been named the Governor of Fernando Pó, Annobon, Corisco and dependencies (1) recalled on July 23, 1858, that in 1843 the entire population of Corisco had demonstrated its adherence to Spain, proclaimed Queen Isabel as its sovereign, and requested flags in order to fly them at different points on the island. He had acceded to these wishes. Consequently, he notified all the commanders of warships that came to this island of Corisco and its dependencies that due to the circumstances described above, he declared to them that these islands were Spanish and were an integral part of the Monarchy. (1) We have explained above what must be understood by this expression. FR-EG 0855_T WATER STREET TRANSLATIONS Annex 11
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirms that the foregoing translation was preparedbyEve Hecht,a linguist with substantialexperience in the translation of documents fromFrenchinto English as certified bythe AmericanTranslatorsAssociation.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French text attachedherewith." Kent G. HeineWater Street Translations, LLC09/12/21_Date
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Itinerary Followed by the Commission for the Delimitation of the Gulf of Guinea (1901)
TRANSLATION [stamp:] 185 ITINERARY followed by the COMMISSION FOR THE DELIMITATION OF THE GULF OF GUINEA FR-EG 1760_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -I- [stamp:] 186 ITINERARY followed by the Commission for the Delimitation of the Gulf of Guinea &&&&&&&&&&& The Franco-Spanish Commission for Demarcation, charged with implementing the provisions of the Treaty of Paris of June 27, 1900, began its work on August 2, 1901, with the reconnaissance of the thalweg of the Muni River. The surveying carried out shows that the islands of Yvelo, Gandé, Ebongué, and Bia, which are located considerably to the north of the thalweg, go to Spain, and the Island of Tabalon, located to the south, goes to France. The next day, the French Commission, consisting of Mr. Bonnel de Mézières, Administrator of the Colonies; Mr. J.B. Roche, Captain of Engineering, seconded to the General Staff; and Mr. Albert Duboc, Lieutenant of the Colonial Infantry; and the Spanish Commission, charged with the work in the field, consisting of the Commander of the General Staff, Don Eladio Lopez Vilches, representing the Royal Commissioner of Spain, the Captain of the General Staff, Don Manuel Nieves Y Coso, and Dr. Don Amado Osorio, as well as the escort and the porters of the two Commissions, proceeded on board the cruiser Magellan of the Spanish Navy to start their work in the Outemboni, which the ship had to follow to Kanganié. On the night of August 3, the Captain of the Magellan died suddenly. This sad and difficult event delayed the departure, and the cruiser returned to Élobey to perform the FR-EG 1761_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -2- [handwritten:] 187 burial there. After Kanganié, the two Commissions used the small boats of the Magellan and the pirogues of the country so that the Spanish could go to M’Béto and the French to Ekododo, the villages where they set up their camps. The first astronomical observation was made in M’Béto to determine the point of intersection of the first parallel with the Outemboni River. The results of the observation were the following: Captain Roche – longitude 7° 29’ 0” – latitude 0° 59’ 13” Captain Nieves – longitude 7° 30’ 59” 70 – latitude 0° 59’ 28” 21 It was agreed, due to the slight difference between the results of the two observations, that the average would be adopted as decisive and that, in the future, the same would be done when the partial results did not differ by more than one minute for the latitude on the southern boundary and for the longitude on the eastern boundary. This convention was the subject matter of a report, which is appended to this work. This point of intersection was marked at 1210 M. 13 to the north of the village of M’Béto and across from the mouth of Peto Creek, which forms a clearly indicated and natural point. The M’Voum River and the Outemboni River were then recognized, the latter up to the level of the first rapid near the village of Mébondé. Observations were made at Ekododo and Assang, an attempted observation at the embouchure of Miassa Creek, and another observation at the embouchure of Mitombé Creek. This confluence was definitively adopted as FR-EG 1762_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -3- [stamp:] 187 a landmark to determine in the field the second point of intersection of the first parallel and the Outemboni. This point is located 453 meters to the south of said embouchure. A tree stripped of its bark indicates the location precisely. We attempted to reconnoiter the zone included between the M’Vong River and the Outemboni. This region, whose marshy nature was pointed out to us by the natives, was deemed impassible. After Mitombé, the demarcation operations by land began. The two Commissions followed the paths closest to the parallel. The itinerary was recorded by Commander Vilches and Lieutenant Duboc, with Captain Nieves and Captain Roche performing the astronomical observations and the calculations of the coordinates. In Ekododo, the two Commissions were able to have a few pieces of interesting information, but their accuracy was questionable. According to this information, the Outemboni River takes its source on a plateau very close to the village of Ivinayong, of the Oumwang tribe, within Spanish territory, beyond the northernmost summit of the Crystal Mountains and at an altitude of approximately 500 meters. From Mitombé to Ephong The itinerary in the first part follows the course of the Mitombé River, cuts across several affluents of the Outemboni, of the Noya, and goes past the Crystal Mountains, passing through Mount Assoumo and Mount Angouma. For the traveler, the Crystal Mounts appear like a 500-meter wall that rises very suddenly along its route. FR-EG 1763_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -4- Some explorers believe that these mountains contain numerous specimens of crystalized quartz and that their name is owed to this distinctive feature. However, the samples brought back by the two Commissions have not confirmed this hypothesis. The natives do not know the European name of the Crystal Mountains, and they do not give them a generic name, but rather a special name to each of the summits that comprise them. Based on our information, these mountains are, from north to south, mounts Assoumo, M’Bomo, N’Koloman, and Célégué. In this region, the terrain, like that which we crossed in the southern boundary, contains numerous varieties of rubber, the vines of which present great difficulties for walking. The paths are so narrow that one can hardly use them. Lush vegetation covers everything, and the height of the different arborescent species varies between 25 and 30 meters. Plantings of manioc, banana trees, and sugar cane are seldom encountered. Such plantings only exist around villages. The most sought-after natural products are rubber and Okoumé, which are transported with difficulty on men’s backs from the interior to the coast. On the coasts, coconut trees abound. In the bush, there are giant seides, kaas, vims, and other varieties of trees in small number, such as the ebony, kola, oil palm, and the lemon tree. Within villages and in the surrounding areas, we also found some tobacco plantings, which were well cared for, as well as corn plantings. FR-EG 1764_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -5- [stamp:] 188 Cacao trees only exist in the coastal villages, where they were planted by the Europeans or by the natives, who had received seeds from the French administration for this purpose. Elephants inhabit the forest, and we often find their tracks. The same applies to tigers, buffalo, hippopotamuses, crocodiles, pigs, and wild cats. There is also a very wide variety of snakes, monkeys, and a very rich collection of birds whose feathers have metallic highlights. After passing through the Crystal Mountains, the itinerary continued into the vicinity of the parallel without offering any variety or noteworthy uneven terrain; the ground rose gradually toward the east. In this part, we cut across the first parallel six times at the points indicated on the map. The coordinates of Ephong showed that this village is located at 764 M. 37 to the south of the first parallel. The corresponding point of the parallel was marked in the field by a tree stripped of its bark (marker no. 2). From Ephong to Etang-Abam The itinerary continues through the valley of the Caigne River and, after cutting across several tributaries of the Outemboni, it leaves on the right-hand side Mount Soumbo, with an altitude of 750 meters, the summit of which, rounded and without vegetation, is seen from far away and constitutes the most important landmark in the region. One part of the Commission recognized the southern region of Mount Soumbo, and the itinerary corresponding to that reconnaissance is provided on the map. The column then cuts through FR-EG 1765_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -6- [stamp:] 189 a large number of small streams, with some flowing to the north and others to the south. All of this region is very rolling, and its general elevation rises constantly toward the east. Each village only has one or two families, and the largest town that we saw is that of M’Foula, which barely has more than three hundred inhabitants. Before arriving in Etang-Abam, we find the Leuneu River, affluent of the Como. Our itinerary then has us go into the valley of that river, and cuts across the Avoué, the M’Vila, the Leuneu, and the Atogognou, which, according to the natives, joined to form the M’Bé River, affluent of the Como. From Etang-Abam to Aquas The terrain is still very rolling. After cutting across the Mangouma, M’Bé, and Mandoueu rivers, we enter into the valley of the Como. We cross this river on a bridge of vines, and then we follow the left bank, with the itinerary proceeding in the northern direction up to the village of Laya. The natives point out to us the sources of the Como, which were unknown up to that point and which we indicate on the map according to this information. The itinerary continues along the M’Bé River into Spanish territory in the eastward direction. It then descends toward the south near the village of Akam and passes the first parallel. It then runs to Aquas, where we performed an observation. It is at this spot, on Mount Dangen, where the highest recorded altitude, 807 M. 98, is located. FR-EG 1766_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -7- [stamp:] 190 From Aquas to Foula The astronomical observation performed in Aquas allowed us to see that we were very close to the ninth meridian. The Commission, to precisely determine the intersection of this meridian with the first parallel, had to make a new station in the closest village, which is Foula. The terrain is still very rolling. There, we find the Abang’a River, affluent of the Ogoué. From Foula to Oundong Between these two villages, the terrain rises, and the itinerary follows the slopes that dominate the left bank of the Abanga. Shortly after crossing the Outon Assang River, we cut across the ninth meridian at the point indicated by the letter X on the map. A tree referred to as the Kaa by the natives was stripped of its bark (marker no. 3) and received the following inscription: “The Franco-Spanish Mission” Intersection of the ninth meridian and the first parallel 1596 M. to the south Commander Vilches Mr. Bonnel de Mézières Captain Nieves Captain Roche Dr. Osorio Lieutenant Duboc From point X, clearing the brush, we made a gap of 1880 meters due south. That distance was the result of the reduction at the horizon of that obtained by following the slopes. We then discovered the Bemwara River, which flows there from the east to the west, to then flow into the Miloleu, affluent of the Abang’a. The two Commissions FR-EG 1767_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -8- decided to adopt this spot as a point of intersection of the ninth meridian and the first parallel. We stripped a tree of its bark and placed on it the following inscription: Franco-Spanish Commission Here is the intersection of the first parallel and the ninth meridian. The names of the members of the two Commissions then followed. This point was indicated on the map as point Y (marker no. 4). From Oundong to Akoniké The terrain continues to rise along the eastern boundary, forming a plateau with an altitude of 700 meters, the depressions of which allow for the passage to a certain number of waterways. The itinerary winds into the basin of the M’Voleu, which, entirely covered by the forest, is very monotonous. Marked on the map are the primary recognized land elevations, as well as the most important waterways, which are: the Abang’a, affluent of the Ogoué; the N’Zoo; and the Bigdala, left affluent of the M’Voleu. The latter, according to the information of the natives, comes from the east and flows in the northwest direction. The Commission crosses the M’Voleu, the banks of which are marshy and the width of which reaches approximately 100 meters at the point of passage, with a current of 1 meter 50 per second at a depth of 6 meters. The M’Voleu River, according to certain information, has its source under the name of Woelé in Mount N’Koum, very close to the meridian 9° 30’, and flows FR-EG 1768_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -9- [stamp:] 191 in the northwest direction up to the point where the Franco-Spanish Commission crossed it. From this point, it continues in the same direction for a distance that has still not been able to be specified, up to a point where it changes direction to go west and then crosses most of the Spanish territory up to its embouchure at the ocean. Quartz-rich terrain is what is most often encountered, and the appearance of the country does not exhibit any variety in this regard. There is an iron ore deposit to be pointed out in a hill with low elevation that is approximately 2 km before the M’Bia River. The waters of a stream that has its source in that hill, and the name of which has not been able to be determined, have a characteristic reddish color. From this point up to Akoniké, the itinerary crosses the basin of the M’Voleu and its primary affluents, the M’Bia, the Obougué, and the Abia. All of that part of the path traveled from the village of Oundong, where the column went in the northern direction, is located to the east of the ninth meridian and, thus, in French territory. From Akoniké to M’Bominam The itinerary goes in the westward direction during the first part and comes closer to the ninth meridian, which it had moved away from to a great extent, according to the astronomical observations performed in Akoniké. In this region, it runs along the basin of the Leneu River, the waterway that it cuts across several times before arriving at the [illegible: looks like “Bimwiley”], the confluence of which is located near the ninth meridian. It follows the curves of the latter river, which FR-EG 1769_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -10- is a very important affluent of the M’Voleu, and enters into Spanish territory, heading toward the north and then toward the northwest. In that zone, the [illegible: looks like “Bim wiley”] flows to the north. One can infer that, after the point that we left, it should turn to the west to flow into the M’Voleu. The latter river, judging by its direction, should form, outside of the boundaries of the reconnaissance, a large bend and head west according to the information provided by the explorers of this region. In the [illegible: looks like “Bim wiley”] River, the Commission saw several native dams, the construction of which indicates the industrial intelligence of the Pahouins. The Pahouins, using stakes and crossbeams, form in these dams two inclined bottom passages with different heights and in which fish, swept along by a rapid current, are held captive, held back by large rush baskets placed at the ends of the passages. In this region, as throughout the interior of the region, we already observe a large number of plantings, which are also better cared for than those seen previously. In the villages, one also finds huts built on stilts, as well as some small, well-maintained plantings of tobacco guarded by the owners by way of fences against wild cats and elephants. The terrain, which up to now formed a plateau, descends starting in Akoniké and maintains an average altitude of 550 meters when arriving at the [illegible: looks like “Bimwiley”]. FR-EG 1770_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -11- [stamp:] 192 From M’Bominam to N’Samezok The first part of the itinerary runs through Spanish territory, in the basins of the N’Zam and the Son. The second part runs through French territory, through the valley of the Obono (affluent of the Voleu), which the itinerary cuts across several times. The generally marshy nature of the eastern boundary becomes more apparent upon arrival at the Obono River, which forms the northernmost secondary basin of the Voleu River. Shortly before arriving in N’Samezok, the watershed of the Voleu and of the N’Tem is passed, and the first affluent of the latter river, that is, the N’Goa, has its source in a foul marsh, which, by some strange force of nature, forms the line separating the two basins. From N’Samezok to Anquidedzam The itinerary enters into the basin of the N’Tem and winds along the banks of that river amid soft and unhealthy terrain. Walking is very difficult, and the air is unbreathable. The column arrives on the left bank of the N’Tem in the village of Abon N’Zameyon, where the information of the natives does not allow for the specification of the direction of the river that, according to this information, flowed from the east to the west. Therefore, the Commission, wanting to continue its trek northward, decided to cross the N’Tem. At that point, the river forms a bend where the current is relatively less violent, the width is 500 meters, the depth 11 meters, and the FR-EG 1771_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -12- current 1 meter 50 per second. The inability to build bridges required us to construct narrow rafts in order to easily cut across the current. In this way, the Commission, despite the hard work, luckily managed to transport all of the personnel and numerous goods of the Franco-Spanish Commission to the right bank. The rest of the itinerary up to Anguidedzam follows the marshy terrain of said bank. From Anguidedzam to Mabentem The need to come closer to the meridian, which the Commission had moved away from due to the bend in the N’Tem, convinced the Commission to go back across the river and look for a suitable point, which it found right across from the ruins of a small village called Ebianmayon. Between Anguidedzam and Mabentem, the N’Tem forms a large island on which several villages belonging to the tribe of the Ebas are located. The largest of these villages, after which the island is named, is that of M’Bonvan. After M’Bonvan, the itinerary crosses a series of channels that flow from the northern arm of the N’Tem to the southern arm, and in which the natives built a few dams. These channels were very difficult to cross. The Commission used rafts for the crossing of Ebianmayon, as it did for the crossing of Mabentem. The river, on the first crossing, is 300 meters wide and 6 fathoms deep. On the second crossing, it is 200 meters wide and the same depth. FR-EG 1772_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -13- [stamp:] 193 The current of the N’Tem is impetuous, and thresholds of rocks form rapids. These waters are rushing as white water and prevent any navigation, depriving this major river route of any water transport. The bed of the N’Tem is not well marked at that part; the banks are low, and the waters overflow to form very extensive marshes. Hunting abounds on M’Bonvan Island. The Commission found elephant, hippopotamus, and buffalo tracks there. From Mabentem to Ayaman The trek was made by way of the left bank of the N’Tem. The terrain descends gently, and it is only on the last part of this itinerary that, to the left, we notice small elevations that separate the waters. The Ayaman observation indicated to the Commission the proximity of the meridian and showed that we had passed in the north the possible boundary of the Spanish territories. The Franco-Spanish Commission, still not knowing the results of the latitudinal observations that the Franco-German Commission was performing in Yengué at the time—results that were supposed to determine the borderline parallel of Spanish Guinea—unanimously decided to set the definitive position of Ayaman by taking the average of its own observations and stopping its work, which was carried out in a spirit of much collegial fraternity and harmony. The Franco-Spanish Commission began the return trek to the coast, following the N’Tem River by way of its left bank, and gained the certainty during this trek that said river, FR-EG 1773_T WATER STREET TRANSLATIONS Annex 12
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TRANSLATION -14- so poorly placed on the maps and described with so many errors by previous explorers, is the Campo River, which flows directly into the Bight of Biafra. The French Commissioners [signature] [signature] [signature] FR-EG 1774_T WATER STREET TRANSLATIONS Annex 12
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThis hereby confirms that the foregoing translation was prepared by Matthew Bunczk, a linguist with substantial experience in the translation of documents from French into English as certified by the American Translators Association.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French text attachedherewith." Kent G. HeineWater Street Translations, LLC09/12/21_Date
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Annex 13
Franco-Spanish Delimitation Commission of the Gulf of Guinea, Border Project: Eastern Border (1 January 1902)
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TRANSLATION 1 [French/Spanish bilingual text] EASTERN BORDER First Section 158 From the confluence of the Abang’a and Beutoung’eu (Betugué) (north of the village of Oundong (Undong)) up to the village of M’Bominam (determined astronomically) From this confluence, the border will follow the Beutoung’eu, at the foothills of the mountains with the same name, and l’Outon Asouk (Otuasuk) until this latter river first meets the itinerary, then it will follow it up to M’Voleu (Volo), passing through the villages of M’Beu (M’Bé), Issong, Meuleun (Melong), Massama (Matzama), Bigoureu (Bigure) 747.24 m, M’Bo, N’Toum (M’Tum), N’Yanam (Nanam) 734.16 m, Mibam, Akoss (Akok), Méyang (Meyam), Otoumeu (Otuma) Anzam, which all belong to France. In this section, the border divides the Yamvoreu (Tambure), M’Foua (M’Fua), N’Zoo Moungeu (Mungue) rivers (the latter waterways FR-EG 1722_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 2 are divided by the Unko Labeun, Oton Esong mountains (between these last two rivers, the Unkoloumbeu (Loben) mountains, the Mia, River, N’Gogouen (N’Gogue), an affluent of the Bigoureu (south of Mount Bingoureu (Bigure)) after crossing the N’Bileu (Bile) and N’Toum mountains; the border crosses the N’Tougen (Utugue), the Outou Miken (Uto Miken), the M’Bonveu (M’Bomve), the Bemwo (Memvo), the Bigdala, the Mibeuleu (Mibélé), the N’Vono, the Menzimeu (Menzimé) rivers. At the village of N’Yanam (Nanam), to the east of the border is Mount N’Sass (N’Saz), a bare peak with the exception of 2 stands of trees at a height of approximately 850 meters. From M’Voleu, the border follows the itinerary until it first meets the Abia River, 500 meters east of the village of Omwam; in this area, it goes through the villages of Itsam, Ingong, Avam’o, Bencoreu (Benkoré) and Omwam (724.07 m), dividing the Outou Menzouma (Utu Menzuma), N’Doua (N’dua), Abameu (Abame), M’Bis, FR-EG 1723_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 3 159 Foué (Fué), Milou (Milu), Nianyé (Ñanye), Ajugueu (Ayure) rivers and crossing the Unkoumesan (Inkumessan), Unkolog Doua (N’Kolodua), Okou-Foué (Oku-Fué) and M’Boula (M’Bula) mountains. From there, the border follows the Abia River up to its confluence with the M’Bia River, then follows this river until its last intersection with the itinerary. It then follows the path until it crosses the Loueu (Lue) approximately 200 meters west of Milong; it passes about 80 meters to the west of Akoniké (735.94 m), which was determined astronomically, and past the village of Milong (F), with Mount Unkoum (N’Kum) and N’Zida to the right and Mount Unkoleu (N’Kole) to the left. The border then descends to the Loueu (Lue), then the Bimvileu (Bimbili) (the confluence of which is near the 9th meridian) up to its FR-EG 1724_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 4 confluence with the Abia River, and then back to this river and its affuent, the N’Zem, up to N’Bominam. In this section, the border crosses the 9th meridian twice, with the greatest deviation (at the village of Aloum (Alum)) being approximately 7 kilometers. The principal affluents of the Loueu (Lue) are: the Mangong, the N’Dabama (N’Dabame), the Outon Adzap (Uton Azap), the M’Bé (N’Bé), the Ugong (Igong), and the Oton Unkou (Utong N’Ku). The affluents of the Bimvileu (Bimbili) are the Avoué (Avué), Saa, Bang’a, Adzim (Adyim), Maquara, Djibenjiba (Yibenyiba), Osibouleu (Ossibule), Nieyanga (Nianga), Biloueu (Bilue), the affluents of which are the Oton Umbo (Otombo), Mikima, Megnieu (Meyie), Mezimeu (Mezime), N’Dam, and Abia. To the right of the border are the Mensok (N’Zok), N’Zanga Deumeu (N’Deme), N’Zara, Unto N’Zibeu (N’Ko-N’Zibé) FR-EG 1725_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 5 160 mountains, and to the left are the Unko-Bimvileu (N’Ko Bimbili) and Unkourou-Koro (N’Kuru Koro) mountains. The affluents of the N’Zam are the Mangouma (Manguma), the affluents of which are the Messama (Mezama) and Foreu (Fore) rivers. The village of M’Bominam (546.52 m) was determined astronomically. The 9th meridian passes 300 meters to the east of the confluence of the N’Zam and the Foreu, at a point marked by a debarked tree (marker no. 5). Second Section From the village of M’Boninam to the southern border of Cameroon (Kamerun). From M’Boninam, the border follows the N’Zam River and then its affluent, the Beugnouleu (Vénule) up to its confluence with the Meuloueu (Menlue) southeast of the FR-EG 1726_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 6 Unkouleutou (N’Kuletu) mountain, then follows the route until it first meets the Menzimeu (Menzime). In this section, it goes through the villages of Ebian Meyong (F) and Mokomeu (Mokong) (France). The affluents of the Beugnouleu are the Biling (Bilin), the Koureu (Kure), the Oton Oumba (Uton-Umba), and the N’Zangala. To the west of the border is the Unkouleutou mountain, and it crosses the Unkouleumekog (N’Kule Mekok) and N’Doua (N’Duo) mountains at the 9th meridian, to the left of which are the Makera and Mekobong mountains. The border then follows the Menzimeu (Menzimé) River up to Elemanga (Elebanga) 750.05 m), then the route up to it first meets the Son, dividing the Bitouma (Bituma) and going through the villages of Elemanga and Mendoum (Mandung), FR-EG 1727_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 7 161 which are still Spanish possessions. The border then follows the Son River up to Mibang Minguili, which is exactly on the meridian and is still a French possession due to an agreement reached with respect to Angouma (Anguma). The affluents of the Son River are: the Beungoleu (Uton Bengole), the Mendouo (Meduo), the Insameu (N’Zam), the Koueu (Kue), the Dua (Dia) and the Biloneu (Bilone). The border then follows the route until it meets the Mengueleu (Menguela), dividing the Veuneu (N’Veme) River, the affluents of which are the Biloreu (Bilore), the Bengueuleu, the Okorotumeu (Okorotume) and the Messor’o. It then follows the Mengueuleu, then the Kaa, up to its confluence with the Boneu (Obono), then follows the latter river up to its confluence with the Outon FR-EG 1728_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 8 Menzimeu (Uton Menzimé), and the latter until it meets the Midoubangu (Mindubangui). The affluents of the Boneu are the Megnara (Menara), the Menzimeu Vineu (Minzimé-Biné), the Selegueu (N’Selega), the Makoro, the Méleun (Meleme), the Edoubo (Edumbo), the Mekougueu (Mecugue), the Mokoubeu (Bokuee), the affluent of which is the Etamengui (Etamenkui), which flows between the Unko-Laza (N’Ko-Laza) and Laza mountains and the Otomensok (Utomenzok) to the west of the Unkolokanga (N’Kolo-Kanga) mountain; the Unkomensimeu (N’Ko Menzime) mountain is south of the Outonmenzimeu (Uton Menzime) River. The border then follows the route up to the point where it first meets the N’Goua (N’goa) River, an affluent of the N’Tem approximately 1 kilometer south of the village of N’Samezok (Enzameyog) (F), determined astronomically. FR-EG 1729_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 9 162 It then follows the N’Goua (N’Goa) up to its confluence with the N’Tem and then the western-most branch of this river up to the southern border with Cameroon, near the village of E-vouzok (Efesok), which is approximately 2 kilometers west of N’Tem. All of the islands in this river remain as French possessions. The southern border of Cameroon passes approximately 1 kilometer 500 meters north of the village of Mabentem, located on the left bank of said western branch, which was determined astronomically and which belongs to Spain. In this border project, the Commissioners used bodies of water as natural land features, preferably with mountains that, being FR-EG 1730_T WATER STREET TRANSLATIONS Annex 13
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TRANSLATION 10 poorly defined, may lead to some confusion in field reconnaissance. Where there are no bodies of water, the Commission used indigenous paths that connect villages and also have a permanent nature and are well-known among the inhabitants. The French Commission The Spanish Commission [signatures] FR-EG 1731_T WATER STREET TRANSLATIONS Annex 13
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Franco-Spanish Delimitation Commission of the Gulf of Guinea, Border Project: Southern Border (1 January 1902)
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TRANSLATION WATER STREET TRANSLATIONS FRANCO-SPANISH COMMISSION for Border Demarcation of the GULF OF GUINEA BORDER PROJECT (Southern Border) FR-EG 1732_T
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TRANSLATION WATER STREET TRANSLATIONS -1-BORDER PROJECT The Franco-Spanish Commission for Border Demarcation of the Gulf of Guinea, composed of Messrs. Albert Bonnel de Mézières, Colony Administrator; Jean-Baptiste Roche, Captain of the Engineering Corps; Albert Duboc, Colonial Infantry Lieutenant; Don Eladio Lopes Vilches, Chief of Staff; and Don Manuel Nieves Y Coso, Staff Captain, meeting in Paris, after having studied the work carried out in the course of local operations, proposes the border described below as the natural border that is the most convenient and most in keeping with the spirit of the Convention: SOUTHERN BORDER Part One From the mouth of the Muni (Mouni) to the village of Anang (Ayang) east of Mount Zumbo (Soumbo) 164 BORDER PROJECT The Spanish-French Commission for the Delimitation of the Gulf of Guinea, made up of Messrs. Eladio López Vilches, Chief of Staff of the Armed Forces; Manuel Nieves y Coso, Captain of the Armed Forces General Staff; and Alberto Bonnel de Mézières, Administrator of the Colonies; Jean Baptiste Roche, Captain of Engineers; and Albert Duboc, Colonial Infantry Lieutenant; meeting in Paris, after examining the work performed on the ground, propose as a natural border the one that is most appropriate and that they find best reflects the spirit of the treaty, described as follows: SOUTHERN BORDER Part One From the mouth of the Muni (Mouni) to the village of Añang (Ayang), to the east of Mount Zumbo (Soumbo) FR-EG 1733_T[translated from French][translated from Spanish]
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TRANSLATION WATER STREET TRANSLATIONS -2- In accordance with the Convention of June 27, 1900, the Commission carried out surveys in the estuary of the Muni (Mouni) in order to determine the thalweg. It was found in these operations that the islands Ibelo (Ivelo), Gandé, Evongué, and Bia must belong to Spain and the island Tabalon to France. The commissioners propose that the water line that passes at an equal distance from the French and Spanish territories should be adopted as a natural border. Similarly, the border will follow, in the Utemboni (Outemboni) River, the line that runs at an equal distance from the two banks to the confluence of the Mitombé River, leaving to France the island of Yingué (D'Jimbué). From the confluence of the Mitombé River, the natural border would go up Pursuant to the provisions of the Convention of June 27, 1900, the Commission performed surveys in the estuary of the Muni River in order to determine the thalweg. The result of these operations was that the islands of Ibelo (Ivelo), Gande, Evongué and Bia must belong to Spain, and the island of Tabalón to France. The Commissioners propose as a natural border, in this segment, the waterline that is equidistant from the Spanish and French lands. The border will continue, in the same fashion, along the Utamboni (Outemboni) River, becoming conjoined with the line situated equidistant between the two banks, up to the confluence of the Mitombé River, leaving the island of Yingué (D’Jimbué) under French dominion. Starting from the confluence of the Mitombé River, the natural border will travel along the midline FR-EG 1734_T
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TRANSLATION WATER STREET TRANSLATIONS -3- the median line of this river (defined as specified above) to its source. It would then follow the path(1) running from the village of Mandung (Mendong) to that of Anguma (Angouma), skirting the northern slopes of Mount Assumu (Assoumo) and the southern slopes of Mount Bina (Bigna), to the village of Anguma (Angouma), which will remain in Spanish territory, as well as a zone one kilometer wide around this village. This agreement concerning the one-kilometer zone shall be applicable to all of the villages located in the same position, i.e., on a path that forms the border. Continuing along the same path, which runs from Anguma (Angouma) to Masilé (Massillé), the border would cross Mount Anguma (Angouma) until the point where said path rejoins the Adu (Aduo) River, it would go up this river, and then its affluent, the Bekon (Beikon), to its source in said Mount Anguma, [handwritten] Each time the border follows a path, it is understood that this path defines the border, and the use thereof is reserved for the nationals of the above countries, in the same manner as has been agreed for the rivers. 165 of its waters (defined as above) up to its source. It will then follow the path from the village of Mandung (Mendong) to Anguma (Angouma), traveling along the northern slopes of Mt. Assumu (Assoumo) and the southern slopes of Mt. M’Biña (Bigna), until reaching Anguma, which will belong to Spain, as will a one-kilometer zone around it. This agreement with regard to the one-kilometer zone is applicable to all villages found in similar conditions, namely, those that are situated along a road used as a border. Continuing along the same path leading from Anguma (Angouma) to Masilé (Massillé), the border will cross Mount Anguma (Angouma) until arriving at the Adu (Aduo) River, then traveling upriver along it, and its tributary Bekon (Beikon) until its source in the mountain of the same name; from there it will [handwritten:] Whenever the border runs along a path, it is understood that both lines conjoin and that the use and utilization of such roads is equally free for the subjects of the two nations in the same fashion as was agreed upon for the rivers that meet the same conditions. [signature] [signature] FR-EG 1735_T
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TRANSLATION WATER STREET TRANSLATIONS -4- .and it then again follows the path to the village of Masilé (France), altitude 549 M · 80. The border would then continue to follow the path from Masilé to Ebé (Spain) to its first junction with the Abobo River, and then follow this river to the second village of Akoniké (Spain). The border would then continue to follow the path running from Akoniké to Effong (Ephong) (France), altitude 621 M · 18, passing via Ebang (S), 608 M · 15, and Itsam (S), and intersecting the Massama, Nang-Nang (Yang-Yang), Aworo, and Beu'na (M'Veigna) rivers. The village of Effong (Ephong), 764 meters south of Marker No. 2 (see the route), determined by its astronomic coordinates, belongs to France. continue again along the aforementioned path, until the village of Masilé (France), altitude 549 M.80. The border will continue along the trail from Masilé to Ebé (Spain), until it first reaches the Adobo River, continuing along its channel until the 2nd village of Akoniké (Spain). Then the border will follow along the path that joins Akoniké to Effong (France), altitude 621M.18, passing through Ebang (Spain) 608 M.15 and Itzam (S), crossing the Massema, Ñang-Ñang (Yang Yang), Aworo and Ben’ha (M’Veigna) Rivers. The village of Effong (Ephong), 764 meters to the south of signpost No. 2 (see the route), determined by its astronomical coordinates, belongs to France. FR-EG 1736_T
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TRANSLATION WATER STREET TRANSLATIONS -5- The border would then follow the path running from Effong (Ephong) to Akok (S), passing via the villages of Mak'O, Elum (Eloum), Essatayon, and Ken (Caigne), all of which would remain French; it will then go down the Ken River from the first intersection of the route with this river to its last intersection near Fula, and it then merges with the path from Fula to Akok up to its crossing with the Mendong River, which it would follow to its confluence with the M'Bizé (M'Bizeu) River.(1) It would then go up the latter river (which crosses the village of Ebiang (F) at the foot and to the south of Mount Zumbo (Soumbo), 750 M ·, up to its junction with the N'Goma River, and it would then follow this river to its last junction with the route south of Mount Mikomébang. (1) In this section, the border would pass through the villages of N'Zoguebout (N'Zoguebaut), Akulenzog (Akoulenzog), Akéma, and Alum (Aloum), which would remain French. 166 The border will then continue along the path from Effong (Ephong) to Akok (S), passing through the villages of Makó, Elum (Eloum), Essatsayón, Keñ (Caigne), down along the Keñ River, from the first until the last time it meets this route near Fula (Foula). From here, the border follows the path from Foula to Akok up to the point where it crosses the Mendong Creek, and will continue along its channel until its confluence with the M’Bizé (M’Bizeu) River, then following this river (that passes through the village of Ebiang (F) to the foot of and south of Mt. Zumbo (Soumbo), 750 M to the confluence with the N’Goma River, along which it will likewise travel, until the last time that it meets this route to the south of Mount Miko-Mebang. Between Fula and the M’Bizé River, the border goes through the villages of N’Zoguebout (N’Zoguebaut), Akulunzog (Akoulenzok), Akema and Alum, which will belong to France. FR-EG 1737_T
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TRANSLATION WATER STREET TRANSLATIONS -6- The border then follows the route, cutting across the N'Zibilok, Nanzog (Nianzog), and N'Dangama-N'Zongo rivers, up to the village of Anang (Ayang), 740 M · 34, which remains French. Part Two From Anang (Ayang) to its confluence with the Abang'a and Beutoung'eu (Betugué) rivers on the eastern border north of the village of Oundong (Undong). After Anang (Ayang), the border would follow the route running to Yamayon, up to its first junction with the Bomwomo River, and it would then merge with this river, and then with its affluent, the M'Bama, up to its junction with the route 200 meters from its confluence with the Bomwomo, passing via Yamayon (F). It then follows this path (cutting across Mount Olum (Oloum) to the village The border will then continue along this route, crossing the N’Zibilok, Nanzog (Nianzog) and N’Dengema-N’Zongo rivers, until the village of Añang (Ayang), 740 M.34, which will belong to France. Part Two From Añang (Ayang) until the confluence of the Abang’a and Beutoug’eu (Betugué) rivers on the eastern border, to the north of the village of Undong (Oundong). From Añang (Ayang), the border will continue along the path running from Yamayon until it first meets the Bomvono River, then continuing along its channel and then along that of its tributary, the M’Bama, until it meets the path, 200 meters from its confluence with the Bomvono River, crossing the village of Yamayon (F) and then following that road, until FR-EG 1738_T
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TRANSLATION WATER STREET TRANSLATIONS -7- of Mélan (F), skirting the foot of Mount Ampanduma (Ampandouma) to the left, passing through the village of Assis (F), and leaving said mountain to its right. From Mélan (721 M · 92), it continues along the path running from Ensamayon (N'Zamayong) to its first junction with the Lene (Leuneu) River, which it follows to its confluence with the Avué (Avoué) River, and it then goes back up the latter river to a point near Ensamayon (N'Zamayong) (F), where it merges with the route. After this village, it follows the route to the village of Etang-Abam, passing via the villages of N'Gok, Intzamatzo, and Avanvituan (Avangbitouan), which are all French. This part of the route cuts across the rivers M'Vila and Atogonu (Atogognou), affluent of the Lene (Leneu) and M'Bé, 167 the village of Melan (F) (France), crossing Mount Olum (Oloum) and skirting Mount Ampanduma (Ampandouma) on the left, passing through the village of Assis (F) and keeping the mountain of that same name on the right. From Melan, 721M.72, it continues along the path leading to Ensamayon, until it first meets the Lene (Leuneu) River, along which it then proceeds until its confluence with the Avué (Avoué) River, going upriver in the same fashion until near Ensamayon (N’Zamayong) (F), where it again meets the aforementioned path, along which it continues. After Ensamayon, the border continues along this route until the village of Etang-Abam, passing through the villages of N’Gok, Intzamatzo and Avanvituan (Avangbitouan), which belong to France. This part of the border crosses the M’Vila River and the Atogonu (Atogognou) River, a tributary FR-EG 1739_T
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TRANSLATION WATER STREET TRANSLATIONS -8- leaving Mount Assuguelene (Assougoleuneu) to its left. Etang-Abem (674 M · 03) was determined astronomically. It is French, and is located precisely at the foot of Mount Akum (Akoum), which is on the parallel. The border then follows the Abobo River, then the route up to its junction with the Abobo Manguma River, and finally follows the latter river to its junction with Dodo (Deudeu) River, where it would go back up the latter river, then the Avué (Avoué) River, affluent to the right of the Dodo (Deudeu), to its junction with the route approximately 500 meters southeast of the village of Uguermokok (Ouguermokok) (S). The border then follows the route to its junction with the Mandoé, passing through the of the Lene (Leuneu) and the M’Be, keeping Mount Assuguelene (Assougoleuneu) on the left. Etang-Abam has been astronomically determined; it belongs to France and is located exactly at the foot of Mount Akum (Akoum), which is on the parallel. This village is found at altitude 674M.03. The border continues along the Abobo River and then along this route until it reaches the Abobo Manguma Creek, along which it travels until its confluence with the Manguma, and then along this river until it joins the Dödö (Deudeu) River, traveling up this river and then along the Avué (Avoué) River, a right tributary of the Dödö (Deudeu) until it meets the route at approximately 1 kilometer southeast of the village of Uguermokok (Ouguermokok) (S). The border continues along this route until it crosses the Mandoé Creek, traveling through FR-EG 1740_T
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TRANSLATION WATER STREET TRANSLATIONS -9- villages of Azam (Assam) M'Bona, Eyamayon, Vikuk (Vikouk), which are French, leaving to the north mounts Bessum (Bessoum) Akoura, N'Kolé Banviné (N'Kolé Bamwineu), M'Fua (M'Foua), and Akum (Akoum), and south of Mount Kolonguen (Kolongoegne). It then follows the Mandoe (Mandouen) River to its junction with the Como River. It runs up the latter river to its confluence with the Ovuré (Oboureu) River, with which it merges up to its junction with the route, which it then follows, passing through the village of Laga (S). In this section, the Como is joined on the left by the Utong Assia (Outon-Assiya), Onang-Onangara (Oniang-Oniangara), Vingoro, N'Kogo Kala, and Mabong'Anguma (Mabong Angouma) rivers, the parallel passing between these two rivers, the Bamburé (Bembureu), and the Avué (Avoué), which has been joined and made wider by the Aquilé. 168 the villages of Azam (Assam), M’Bona, Eyamayon, Vikuk (Vikouk), which belong to France, keeping the mountains called Bessum (Bessoum) Akura, N’Kolé Benviné (N’Kolé Benwineu), M’Fua (M’Foua) and Akum (Akoum) to the north, and Mount Kolonguen (Kolongoegne) to the south. It then continues along the Mandoe (Mandouen) River until it reaches the Como River, then travels up this river until its confluence with the Ovuré (Oboureu) River, along which it travels until it reaches the path, along which it continues, traveling through the village of Laga (S). In this section, the Como River receives on its left bank the waters of the following tributaries: Utong Assis (Outong Assiya), Oñang-Oñangara (Oniang-Oniangara), Vingoro, N’Kogo Kala and Mabong-Anguma (Mabong Angouma), with the parallel running between the latter two rivers: the Bamburé (Bambureu) and the Avué (Avoué), whose channel has been augmented a short distance upriver by the waters of the Aquilé. FR-EG 1741_T
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TRANSLATION WATER STREET TRANSLATIONS -10- The demarcation line then follows the route to the village of Ebiang (altitude 727 M · 02 (S),(1) then follows the M'Bé River and its affluent to the right of the Uton Assok (Outon Assok) to its junction with the route near the village of Mika (S) approximately 4 kilometers north of the parallel, then follows this route to the village of Alum (Aloum), leaving the villages of Alum and Ken (Caigne) to Spain. Ken is at an altitude of 747 M · 68. The border then follows the N'Bo (N'Boo) River to its confluence with the Venzé (Boenzeu) and merges with the latter up to its junction with the route 1 and 1/2 kilometers from the village of Ankam (F), which is approximately 500 meters south of the parallel. It continues along the route, leaving to Spain the village of N'Kut (Unkout), altitude 809 M · 93), and it then merges with the Uton N'Kut (Outon Unkout) River and continues to its junction with the Belong River, after which it follows the latter to its second junction with the route, (1) cutting across the Uton Makok (Outon Makok), M'Dua (M'Doua), and Makure (Makoureu) rivers The borderline then follows this route until [illegible] of Ebiang (S) (altitude 727[illegible], then following the M’Bé River and its right tributary, the Uton Asok ([illegible] Asok) until meeting the route near the village of Mika (S), approximately 4 kilometers north of the parallel, then following this route until the village of [illegible] (Aloum), leaving the villages of Alum and Keñ (Caigne) under Spanish dominion. Keñ is at altitude 747M.68. The border then travels along the N’Bo (N’Boo) River until its confluence with the Venzé ([illegible]) River, continuing along this river’s channel until meeting the route 1 1/2 kilometers from the village of Akam (F), which is approximately [illegible] meters south of the parallel, then goes along this route, leaving the village of N’Kut (Unkout) (altitude 809 M.93) to Spain, and continuing along the Uton N’Kut (Outon Unko[illegible]) River until its confluence with the Belong River, and then following (1) crossing the Uton Mak[illegible], M’Dua (M’Doua) and Makure (Makoureu) rivers FR-EG 1742_T
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TRANSLATION WATER STREET TRANSLATIONS -11- which it then follows to the confluence of the Micomé Bé (Micomébeu) and Mia slightly north of the route, after which it follows the N'Ga River to its junction with the Ekalizi (Ekalisi) River, which it follows up to the village of Akuas (Aquas) (S) north of Mount Dangueh (Dangen), a village that was identified astronomically. In this completely uninhabited area, the border cuts across the M'Bis River, leaving to its left mounts Komo (Unkomo) and Ungum (Oungome) and to its right the Mettong Mountains. From Akuas, the border follows the route to its junction with the Abang'a River, an affluent of the Ogoué, passing through the village of Abénélan (S), leaving to the north Mount Mettomo 169 the latter river until its second encounter with the route, along which it continues from that point up to the confluence of the Micomé Bé (Micomébeu) and Mia rivers, slightly north of the route, then the border continues along the N’Ga River until it reaches the Ekalizi (Ekalisi) River, whose upriver course reaches the village of Akuas (Aquas) (S) (altitude 807M.98) to the north of Mount Danguen (Dangen), a location whose coordinates were calculated astronomically. In this entirely unpopulated area, the border crosses the M’Bia River, keeping Mount Komo (Unkomo) and Mount Ungum (Oungome) to the left, and the Mettong mountains to the right. From Akuas, the border follows the route until it meets the Abang’a River, a tributary of the Ogoué, traveling through the village of Abenelan (S), keeping Mount Mettomo to the north and FR-EG 1743_T
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TRANSLATION WATER STREET TRANSLATIONS -12- and crossing Mount Mokok, after which it runs back up the Abang'a to its confluence with the Betoung'eu (Betugué) on the eastern border north of the village Ouadong (Undong) (720 M · 43), determined astronomically, and leaving to the south Mount Aguerrini; south of the Abang'a is point Y, which indicates the intersection of the 9th meridian and the 1st parallel (see the description of the route). N.B. For the southern border, the French spelling of the proper names has been put in parentheses. The opposite system was used for the eastern border. The French Commissioners The Spanish Commissioners [signatures] crossing Mount Mokok, going up the latter river to the Betoug’eu (Betugué), on the eastern border, north of the village of Oundong (Undong) (720M.43), determined astronomically, thereby keeping Mount Agu[illegible] to the south; south of the Abang’a River is Point Y, which indicates the intersection of the 9th meridian and parallel [illegible] degree (see description of the route). Note: for the southern border, the parentheses denote the proper names according to French spelling. For the eastern border, on the contrary, the parentheses denote the proper names according to Spanish spelling and pronunciation. [handwritten:] The Spanish Commissioners: [signature] [signature] FR-EG 1744_T
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThis hereby confirms that the foregoing translation was prepared by Christina Courtright, a linguist with substantial experience in the translation of documents from Spanish into English as certified by the American Translators Association (ATA), and Matthew McGaughey, a linguist certified by the ATA for translations from French into English.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate,and unbiased translation into English of the Spanish and French text attached herewith." Kent G. HeineWater Street Translations, LLC05/25/21_Date
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Annex 15
Franco-Spanish Delimitation Commission of the Gulf of Guinea, “Table of the Villages Recognized by the Delimitation Commission of Spanish Guinea with Names of Chiefs, Tribes, and Nationality According to the Border Project (Southern Border)” (2 January 1902)
179 TRANSLATION TABLE OF VILLAGES RECOGNIZED BY THE DELIMITATION COMMISSION OF SPANISH GUINEA WITH NAMES OF CHIEFS, TRIBES, AND NATIONALITY ACCORDING TO THE BORDER PROJECT (Southern Border) FR-EG 1754_T WATER STREET TRANSLATIONS Annex 15
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180 TRANSLATION 1 Table of villages recognized by the delimitation commission of Spanish Guinea with names of chiefs, tribes, and nationality according to attached border project (villages located in the Muni and Utemboni estuary are already known). Villages Chiefs Tribes Nationality Observations Assang Spain Mitombé Mabiama Yamadzin France Influential chief N’Zongo (French trading post) id Mekossé N/biam id France id English Mandung M’Babemoyo Essakora Spain (Mendong) Anguma Essonessang Yesouk Spain On the 1st parallel (Angouma) (English trading post) Masilé (Massilé) M’Bongo N’Bo Ossuma France Chief not very honest Ebé Bubam Ossuma Spain Mebé Dittumskué id Spain Essong M’Ba Guang id Spain Akoniké Bokuala id Spain Rather influential chief id Yamisong id Spain French trading post Ebang Simaman id Spain Ebang Essombibang Abbé id Dangerous chief FR-EG 1755_T WATER STREET TRANSLATIONS Annex 15
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TRANSLATION 2 181 Ebang id id id id Itzam id id Guema Gsemibé Ba Goong-Ba Essibang Els Okalen-Guen Guems Abbé id id Abbé id Ossuma id id Spain id id Spain id id id id Effong Ikoms-Dongo Oumwang France Established by astronomical coordinates id Tutou-Bissé id id id M’Vono id id id Aouana-Manga id id id Manzogo id id Mako Madyoro id id Elum Elon id id Essatayon Ngoneuze id id Caigne Mamina- id id Mangong id Guemayou id id id Bengong id id id M’Va id id Ekogon Otogon M’ba id id Aculentzo Abougang Yesouk id Dangerous chief Abenelan Onnang Oumvang id Fouls Guemba id id Influential chief & the most important dangerous village N’Zoguebant Ougouana N’Goa Abbé id id N’Dama Go id id id Amvens-Engo id id Akems Edoumba Yamadzin id FR-EG 1756_T WATER STREET TRANSLATIONS Annex 15
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TRANSLATION 3 182 Akema N’Gamihzeu Yesouk France Aculanzog Bikobelo id id Alum Bassuma id id Akok Ovamesoun Yamadzin Spain Dangerous chief Alum Ovamenza id id Awora Guemindun id id Ebiang Ebo-Monvealé Yamadzin France id Mabiama- id id Tutouma Anang Maviang-Ilermo id id Yamayon Owoneu Yessouk id Assis N’Dongo id id Mélan Enzogué- id id Welcoming chief Yamana Ensamayon Bokala id id id Essiama id id id Ouonona id id N’Gok N’douma id id Enzamatzo N’Zoeu id id Avanvituan N’Ziminza id id Etang Abam N’Dongo Bama id id Rubber-rich region Bessum Bengo-Bessum id Spain Mangoums Ona id id id Ingona id id id Milamen-douma id id Mekura Ingona id id id Mekou id id Angums Enguems id id Uguermokok N’doutouma Kala id id FR-EG 1757_T WATER STREET TRANSLATIONS Annex 15
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TRANSLATION 4 183 Azam Azam M’Bona Eyamayon Moyo-Menzogo Dongo- Oubouneu Obara-Bibanga Yessouk id id Ouyok France id id id Welcoming chief Vikuk Mayomé Dam Yessouk id Rubber-rich region Ongona Engoma Bam id Spain Visited by coastal agent Elomesang Sinsé Sufia id Evore Yula Iban Bindoung Abbé France Important village Anvang Bokala Abbé France Inkuk Menyen- id id Mandouo Iknossung Bakala-Bouké id id id Oussaga id id Laga Massumasuk Yessouk Spain Ebiang Emdong-Mabiam Izi-Itzi id Essong Obama-Endong Obok id Mika Enguema-Cotso id id id Yé id id Alum Eyangua Yessuk id id Issango id id Ken Zué Oyegu id Mettong N’tutouma Bal Issong France First oil palms seen since the coast id Maya Messomeu id id FR-EG 1758_T WATER STREET TRANSLATIONS Annex 15
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TRANSLATION 5 184 Akam N’dongo Boa Issong France First tobacco farms found N’Kut N’Ko Uyok Spain As of now, the villages are no longer visited by agents id Mabiama Uyok Spain Akuas Ossaguessen Oyegué id Established by coordinates Abenelan Oundong Uyok id Abanga Ekouara Efaque France Angat Ayaneko id id id N’Dong Madoua id id Abama Mekoumen Yono id id Fula Enzomitsen id Spain Established by coordinates – chief dishonest id N’Tomitzana id id FR-EG 1759_T WATER STREET TRANSLATIONS Annex 15
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WATER STREET TRANSLATIONS, LLC 10 East 39th Street, 12th Floor New York, NY 10016 (212)776-1713www.waterstreettranslations.com [email protected] CERTIFICATION OF ACCURACY OF TRANSLATION This hereby confirms that the foregoing translation was prepared by Karen Brovey, a linguist with substantial experience in the translation of documents from French into English and Spanish into English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following: “To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French and Spanish text attached herewith." Kent G. Heine Water Street Translations, LLC 08/25/21 Date Annex 15
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Annex 16
The Cottes Mission to South Cameroon, Presentation of Scientific Results, According to Works of Various Members of the French Section of the Commission for Delimitation Between the French Congo and Cameroon (Southern Border) and the Documents Studied at the Museum of Natural History (1911) (excerpt)
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TRANSLATION THE COTTES MISSION TO SOUTH CAMEROON (1905–1908) Presentation of scientific results, according to the works of various members of the French section of the Commission for Delimitation between the French Congo and Cameroon (southern border) and the documents studied at the Museum of Natural History BY CAPTAIN A. COTTES PREFACE BY André TARDIEU First Honorary Embassy Secretary, Professor at the School of Political Science PARIS ERNEST LEROUX, PUBLISHER 28, RUE BONAPARTE, 28 1911 FR-EG 4516_T WATER STREET TRANSLATIONS
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TRANSLATION IV Spanish Guinea (1). After having completed their delimitation operations with the German section of the South Cameroon Mixed Commission, several groups broken off from the French section had to cross Spanish Guinea in order to reach Libreville. These detachments reported interesting geographical information about this small colony, mostly unknown a few kilometers from the coast: their routes all traversed unexplored regions, except for a section of Benito, already known by the Lesieur-Trilles Mission. Until the middle of the last century, the Crystal Mountains had remained an insurmountable barrier for Europeans: neither Portuguese navigators, who for four centuries traded with inhabitants from the coast and the islands, nor the Spanish, who theoretically took possession of the country in 1648, had been able to penetrate into the interior. During the second half of the nineteenth century, we can note, however, a certain number of interesting explorations: the French explorers, Du Chaillu (1858), Lerval (1862), Guiral (1884), Crampel (1889), Fourneau (1889), Cuny (1894); the Austrian Lenz (1874); the Spanish Manuel lradier (1875-1877), Esorio and Montes de Oca (1886); and finally, above all, the Lesieur-Trilles-Font Trade Mission (1900-1901), and the Bonnel de Mézières-Jover y Tavar Franco-Spanish Delimitation Mission (1901) succeeded in entering into the interior and (1) A. COTTES, Spanish Guinea [La Guinée espagnole]. Annals of Geography [Annales de Géographie], No. 102, 15 November 1909, pp. 433-450. FR-EG 4517_T WATER STREET TRANSLATIONS
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TRANSLATION SPANISH GUINEA 75 with the Bimvileu at Mokonanam, the Bimvileu to Massang (confluence with the Woleu), the Woleu to Nkimi turned towards Bata. It intersects the itinerary of the Franco-Spanish Mission at Makonanam. — 2) Route followed by Sgt. Cervoni and the soldier Genty (itinerary surveyed by Sgt. Cervoni), from the Mvézeu pillar to Sendjé. This itinerary was going to look for the Woleu at its source and follow it by land, from the source to Akoulaban; by water from Akoulaban to Yen (rapids); and by land from Yen to Sendjé. It goes through Massang, confluence of the Bimvileu and the Woleu, common point with itinerary 1, intersects the itinerary of the Franco-Spanish Mission at Anzem, on the Woleu, and the itinerary 3 at Makom-Maka, Ayérine, Emina. Sendjé was located according to the Hydrographic Service Map. — 3) Route followed by Lt. Boisot and Mr. Michel (itinerary of Lt. Boisot), from the marker number 24 (Mvézeu Pillar) to Alarmaké (on the Abangha). The route descends to the South, meets the Woleu at Ayérine, follows it to Emina, passes by Oudong and runs along the Abangha to Alarmaké. This itinerary is based on the latitudes of Bitam, Ndana, Mahaut, Ayérine, Emina, Evoredoulou, Bibilène, and Alarmaké. The longitude of Alarmaké was taken from the map of the Libreville to Congo Railway Studies Mission. This longitude substantially coincided with that given by the itinerary and the value determined by lunar height. The position of the Oudong village, given above, is that from the Franco-Spanish Mission; the state of the sky did not allow observations at this point. Method. —The itineraries were done by watch and compass. For the astronomical observations, a prism astrolabe (Claude et Driencourt system) was used except for Ayérine, where the latitude was determined by solar circummeridians. The magnetic declination was determined at the following points: Δ Mvézeu Pillar 12°13′ September 21, 1906 Ayérine 12°28′ September 30, 1906 Alarmaké 13°18′ November 23, 1906 Mbéto 13°06′ December 17, 1906 4) DELIMITATION Historical Summary of the Question By dispatch on April 8, 1903, the Minister of Colonies sent his colleague from Foreign Affairs a complete file, containing the results obtained and the proposals formulated by Mr. Bonnel de Mézières, head of the French Section of the Franco-Spanish Commission responsible, during 1901, for establishing the delimitation between Continental Guinea and Gabon, on the basis of the Convention of June 27, 1900. WATER STREET TRANSLATIONS FR-EG 4537_T
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TRANSLATION 76 COTTES MISSION TO SOUTH CAMEROON By dispatch on June 26, 1905, the Minister of Colonies not having received any response to the previous communication, inquired about the progress of the still open question with the Foreign Affairs Department. Successively on July 31 and September 19, 1905, the Minister of Foreign Affairs let his colleague for the Colonies know that the French Chargé d’Affaires in Madrid asked the Royal Government for explanations concerning this delimitation and still awaits a response, which has not been given at this time, in 1907. Errors found in the 1901 delimitation. In 1904, on the Mouny (Muni), the officers of the Aleyon found, for the coordinates of the confluence of the Mitombé Creek, different results than those of the delimitation mission: Sketch I. OBSERVATIONS LATITUDE LONGITUDE Bonnel de Mézières 1°0′15″ 7°37′39″ Sub-Lieutenant Parseval 0°59′ 50″ Lieutenant of the vessel Cuxac and Sub-Lieutenant Paty (May) 0°58′33″ 7°41′30″ FR-EG 4538_T WATER STREET TRANSLATIONS
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TRANSLATION SPANISH GUINEA 77 In 1905, the map drawn up in Madrid by Mr. d’Almonte on the results from the Spanish Section, obtained in 1901, showed a sensible difference from the map of the French Section relating to the determination of the eastern boundary of Continental Guinea. In 1906, the Franco-German Delimitation Commission found an error of 75 km in longitude concerning the actual position of the ninth Meridian (Spanish boundary), compared to that given by the Bonnel de Mézières map. Finally, last November, the Michel dislocation group, by joining Libreville along the rectified Spanish boundary, remarked, by unofficial observation since it was only unilateral in nature, a notable position error of the southeast angle of Continental Guinea, evaluated at 35 km in longitude and 15 km in latitude. The following table shows the successive positions of the village of Mabenten (northeast angle of Guinea), according to: OBSERVATIONS LATITUDE LONGITUDE Bonnel de Mézières 2°9′34″ 9°4′28″ D’Almonte (Spanish map) 2°19′11″ 8°23′25″ Franco-German Commission 1906 2°19′15″ 8°23′16″ Sketch no. II shows the boundaries of Guinea, according to: 1) The Bonnel de Mézières map; 2) The d’Almonte map; 3) The observations from 1906. The latter, having given 15 months straight of results with absolutely rigorous scientific agreement with the Franco-German Commission and close to those from the d’Almonte map, would seem to merit being taken into consideration. It should further be noted that they had the advantage, as it relates to the verifications which were missing in the 1901 work, of relying both on operations in connection with the ocean (position of Campo on the one hand), and with the Sangha (position of Ouesso). WATER STREET TRANSLATIONS FR-EG 4539_T
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TRANSLATION 78 COTTES MISSION TO SOUTH CAMEROON Sketch no. II FR-EG 4540_T WATER STREET TRANSLATIONS
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TRANSLATION SPANISH GUINEA 79 The work of the Spanish section is completely divergent from that of the French section: its map shows it very manifestly and the tallying between their respective operations has never been achieved, as Mr. d’Almonte reports in the legend. It is therefore obvious that the delimitation of 1901 was purely fictive, a fact which explains why Spain up to now has been deprived of a ratification. Additionally, no marker was ever erected (Lt. Poupart, commander of the Ekododo circle, reported never having found signs of scored and marked trees which would have indicated the observation sites on the boundary of the first parallel), and all that remains of this work, for reference on site, is the list of villages proposed as having to be Spanish or French. It should be remarked that these villages move continually, which removes any clear and precise character to a marking based on such a variable element. Currently, a Spanish-German Commission (M. d’Almonte and Capt. Foerster) went, in February 1907, to complete its operations with both parties between the ocean and Akoninji locality where the Franco-German Commission finalized its work, and Mr. d’Almonte had to do a new verification of the real position of the northeast angle of the Spanish colony. It would be especially interesting to document this aspect. The Disadvantages Resulting from the Absence of an Officially Ratified Border between Gabon and Spanish Guinea. The absence of an official border raises the following multiple difficulties: 1) From the COMMERCIAL point of view The dislocation columns from my mission which joined the Spanish coast met west of the ninth Meridian, meaning among our neighbors, some number of foreign factories extending their operations into the territory of Gabon. A portion of the traders pushed back into Cameroon during my trip from Libreville to the German boundary, last spring time, thus WATER STREET TRANSLATIONS FR-EG 4541_T
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TRANSLATION SPANISH GUINEA 81 The Cervoni column at Andoum on the Woleu and near the aforementioned Massang, a clerk (native trader) from the Kahlen factory. It found a second one, from the “Woermann” firm in Massang (another town to the west of the aforementioned one and on the left bank of the Woleu); this Pongwé depended on a German agent from the Bata factory who, sometime earlier, was made prisoner by the natives of a nearby village, unhappy with seeing themselves displaced by a traffic which, as brokers, had provided them good benefits. Further, Sgt. Cervoni heard talk of the elephant hunter mentioned above, that the Pahouins considered to be a Spanish authority; they even addressed to my sub-officer a claim about requisitions that this German subject had provided himself under the pretext of tax, terrorizing the country. 2) From the customs point of view The astronomical observations of the Navy officers who found differences with the 1901 mission regarding the delimitation of the first parallel on the Mouny and Temboni, show that the bottom of the creeks of these rivers would be in French territory. This information has the greatest importance because the occupation by the Gabon colony of the entirety of these creeks would put an end to the fraud they shelter and which causes claims from houses established on our territory. The contraband relates to prohibited materials, such as capsules, piston rifles, foreign traded powder, in exchange for which the traders from houses established in Spanish Guinea can drain the rubber coming for this region and also the valley of the Noya with impunity. The difference of 3 km in latitude observed by Messrs. de Parseval and Cuxac, if it is confirmed to our advantage, would provide us control of both banks of the Temboni up to a few hundreds of meters from its confluence and would allow us to occupy the right bank (the left bank being marshy up to Mbéto) near Kanganié. This last point is an important center of foreign trafficking, very ingeniously installed relative to the mouth of the Mvona, and the trading houses WATER STREET TRANSLATIONS FR-EG 4543_T
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TRANSLATION 82 COTTES MISSION TO SOUTH CAMEROON which deserted French territory could return there because of the reduction granted on import taxes. Currently, it is impossible to execute the policy of creeks between Kanganié and Mbéto, and subsequently to block the contraband. This fact has the double fatal consequence: 1) Of depriving the tax authorities and national trade of sums which instead go to other countries; 2) Of multiplying the causes of regrettable border incidents and conflicts, such as the one which arose on August 21, 1906, when the boat from the Public Works, coming from Libreville and going to Ekododo, came under fire from the Spanish customs post at N’Gandé. These considerations, from these two perspectives, fully apply to the eastern boundary of Continental Guinea. It is at its level that all the weapons of the Pahouin land enter and have entered, to the basin of the Sangha. The surveillance to be carried out there by customs will be particularly important there for the future of all the hinterland. 3) From the political point of view The ambiguity which reigns, for example, on the border of the Circle of the North Coast (Ekododo), also leads to inextricable political difficulties; I will name a few of them. At Atégué, a village located, according to the observations of the Sub-Lieutenant of Patty, south of the first parallel (boundary), but over the possession of which the Spanish seem to have claims (not yet officially manifested); a subsidiary of the Laloux house has for two years paid professional taxes to the government of Gabon, and the Spanish authorities are not unaware of it. This circumstance did not stop them from issuing last May to Mr. Pratt, agent for the Hatton and Cockson house at Kanganié, the authorization to create a new counter at Atégué,. At Mitombé, the village is cut into unequal parts by a fictitious border, and the natives are unaware of their nationality. Last October, a reconnaissance party from Ekododo and going to Foula (on the 1901 boundary and to the west of Oudong), did not find any trace of prior delimitation, either on the ground or on the trees. The Pahouin chiefs did not receive either FR-EG 4544_T WATER STREET TRANSLATIONS
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirms that the foregoing translation was preparedbyBruce Morita and Bruce Popp,linguists with substantialexperience in the translation of documents fromFrenchintoEnglish as certified bythe AmericanTranslatorsAssociation.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French text attachedherewith." Kent G. HeineWater Street Translations, LLC09/13/21_Date
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UN Security Council, 890th Meeting held in New York, Security Council Official Records (23 August 1960) (excerpt)
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UN General Assembly,Report of the Committee on Information from Non-Governing Territories, Official Records: Sixteenth Session Supplement No. 15 (A/4785), New York (1 September 1961) (excerpt)
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United Nations General Assembly, Resolution 2230 (XXI) Question of Equatorial Guinea (20 December 1966)
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UN General Assembly Special Committee on Decolonization,Report of the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, UN Doc. A/7200/Rev.1, Annexes to Agenda Item 23 (November 1967) (excerpt)
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United Nations General Assembly, Resolution 2355 (XXII) Question of Equatorial Guinea (19 December 1967)
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Cable from UN to Permanent Missions (14 September 1970), enclosing Communication from Mr. Manadou D’Niaye, Charge d’Affaires of the Republic of Gabon to the Secretary-General of the United Nations Announcing the Extension of Gabonese Territorial Waters by Presidential Decree (20 August 1970)
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Cable from the UN to Permanent Missions (13 October 1970), enclosing Letter from Equatorial Guinea to UN Secretary-General (8 October 1970)
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Letter from the Permanent Mission of the Netherlands to the United Nations to the UN Secretary-General (14 October 1970)
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Letter from the Permanent Representative of The Gabonese Republic to the United Nations to the UN Secretary-General (1 March 1972)
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Letter from the Permanent Mission of the Republic of Equatorial Guinea to the United Nations to the Permanent Missions and Offices of Permanent Observers to the United Nations (5 September 1972)
TRANSLATION Permanent Mission of the Republic of Equatorial Guinea to the United Nations 440 East 62nd Street, New York, N.Y., Apt 6D N.V. 28/Pje.September 5, 1972The Permanent Mission of the Republic of Equatorial Guinea to the United Nations presents its compliments to the Permanent Missions and Offices of Permanent Observers to the United Nations and has the honor of informing them that the Government of Gabon has unilaterally extended its territorial waters to 100 nautical miles, thus attempting to annex the Elobey Chico and Grande Islands as well as the island of Corisco and adjacent islets. These all belong to the Republic of Equatorial Guinea, as part of its territory lying south of the Rio Muni province. As a protest against this unilateral declaration and with hope that you will forward the protest to your respective Governments, attached to the present communication is a copy of a telegram from Equatorial Guinea’s Minister of Foreign Affairs noting Gabon’s violation of article 2, paragraph 4, of the Charter of the United Nations. The Permanent Mission of the Republic of Equatorial Guinea to the United Nations wishes to take this opportunity to express its highest consideration to the Permanent Missions and Offices of Permanent Observers to the United Nations. [seal:] Permanent Mission of the Republic of Equatorial Guinea to the United Nations [signature] Primo José ESONO MICA Ambassador Permanent Representative To: Permanent Missions and Offices of Permanent Observers to the United Nations EG 0218_T WATER STREET TRANSLATIONS Annex 26
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WATER STREET TRANSLATIONS, LLC 10 East 39th Street, 12th Floor New York, NY 10016 (212)776-1713www.waterstreettranslations.com [email protected] CERTIFICATION OF ACCURACY OF TRANSLATION This hereby confirms that the foregoing translation was prepared by Timothy Friese, a linguist with substantial experience in the translation of documents from Spanish into English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following: “To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith." Kent G. Heine Water Street Translations, LLC 09/08/21 Date Annex 26
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Note Verbale from the Permanent Mission of the Republic of Equatorial Guinea to the United Nations to the UN Secretary General (11 September 1972)
TRANSLATION WATER STREET TRANSLATIONS PERMANENT MISSION OF THE REPUBLIC OF EQUATORIAL GUINEA BEFORE UNITED NATIONS 440 East 62nd Street, New York, NY, Apt. 6D N. V. 28 Pje.- September 11, 1972. The Permanent Representative of the Republic of Equatorial Guinea before the United Nations greets the United Nations Secretary General and is honored to send a copy of a telegram of the Ministry of Foreign Affairs of my country. In view thereof, I would like to express the need of an urgent meeting of the United Nations SECURITY COUNCIL in accordance with article 35 of the United Nations Charter. I hereby express the need of this urgent meeting of the Council given that the life of the island’s inhabitants is in danger, as well as international security and peace, since Gabon has carried out a military and illegal occupation of the islands of Equatorial Guinea and its territorial waters to the South of the Province of Muni River, blocking the access of ships that serve as communication with those islands. The Permanent Representative of the Republic of Equatorial Guinea before the United Nations takes this opportunity to express to the United Nations Secretary General his highest esteem and consideration. Your Excellency Kurt Waldheim United Nations Secretary General.- New York, NY 10017.- [Signature] Primo José [Illegible] MICA.- Ambassador Permanent Representative.- [Seal] PERMANENT MISSION OF THE REPUBLIC OF EQUATORIAL GUINEA BEFORE UNITED NATIONS EG 0216_T Annex 27
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThisherebyconfirmsthattheforegoingtranslation was preparedbyNatalia Misuraca,a linguistwithsubstantialexperience in thetranslationofdocumentsfromSpanishintoEnglishascertifiedbytheCertifiedTranslatorsAssociationofBuenosAires,Argentina(CTPBA).Kent G. Heine, ManagingPartner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith."Kent G. HeineWater Street Translations, LLC08/20/21_Date
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Permanent Mission of the Republic of Equatorial Guinea to the United Nations, Statement Before the United Nations Security Council by His Excellency Mr. Jesus Alfonso Oyono Alogo (September 1972) (excerpt)
TRANSLATION Permanent Mission of the Republic of Equatorial Guinea to the United Nations 440 East 62nd Street, New York, N.Y., Apt 6D Statement before the United Nations Security Council by His Excellency Mr. Jesus Alfonso Oyono Alogo; Minister of Public Works, Housing, and Transportation; Delegation Chair. New York, September 1972 EG 0401_T WATER STREET TRANSLATIONS Annex 28
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TRANSLATION [text cut off] United Nations, our President, comrade Macias, has made a valiant and bold political decision: not to respond in kind to Gabon’s military aggression, as doing so would lead to military escalation. Our President’s decision is based on his deep understanding of international political responsibility. It is not easy to maintain this national spirit of moral responsibility in a young African nation faced with military aggression. Yet, let us not mistake Equatorial Guinea’s policy of peace with that pacifist tendency that denies the fight for justice. Neither our President nor our people will ever abandon the use of appropriate means at all times to gain respect for our international rights and our country’s territorial integrity. In the case at hand, what is happening is simply that our President, comrade Macias Nguema, knows well how to distinguish between the immoral politics of force and the moral politics of reason. He rejects the prior and embraces the latter. However, even still, we also know that the morals of politics are not just the morals of conviction. Under morals of conviction, we could respond in legitimate defense against Gabon’s military aggression with the same material violence and using the same military means. However this reaction, while morally understandable, would be a political reaction and would not anticipate or assume the consequences of our own actions. The better ethics of politics are not those of conviction, but rather the ethics of responsibility. It is precisely for this reason that the Government of Equatorial Guinea petitions the intervention of the United Nations Security Council, as the only body with the historic mission of restoring peace throughout the world, wherever it is disturbed. Faced with Gabon’s military aggression, President Macias, thus, complies with his international political duty and hands off this responsibility to the Security Council. He leaves in its hands the delicate issue of this conflict between brother African countries. I will now briefly summarize the genesis and development of this conflict. Conflict There has been a serious conflict between Equatorial Guinea and the Gabonese Republic. It is not a diplomatic conflict or a personal conflict between two countries’ Governments. It is not a simple conflict regarding the limits of territorial waters, either. It is purely and simply a EG 0411_T WATER STREET TRANSLATIONS Annex 28
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TRANSLATION military conflict, provoked and pursued unilaterally by Gabon, who—while in direct negotiations with Equatorial Guinea to delimit the maritime boundary of their respective territorial waters—launched a surprise invasion and occupation of the Equatoguinean island of Bañe. Gabon captured and detained the small Equatoguinean military garrison stationed there, composed of four soldiers and one commander, as well as 24 Equatoguinean fishermen who were fishing around the island, as is their custom. Both the soldiers from Equatorial Guinea’s National Guard as well as the Equatoguinean fishermen have been assaulted and mistreated by the occupying Gabonese troops. Gabon has not answered for nor denied these deeds, and so a debate over the exact details thereof seems unnecessary. Nevertheless, we are providing the Security Council with all of the information, details, and circumstances of these deeds. At first glance, Gabon’s military aggression against a small, friendly, brother nation may seem to be absurd or gratuitous. However, consideration of the historical, political, diplomatic, and economic context behind the aggression immediately reveals its meaning and Gabon’s true intentions. On the one hand, we must recall Gabon’s policy on territorial waters. In 1966, Gabon unilaterally extended its territorial waters to twelve miles via domestic legislation. Thereafter, pursuant to a new domestic law of October 5, 1970, it extended the limits of its territorial waters to 25 miles. Equatorial Guinea objected to this action and other countries protested it, including the USSR, whose Permanent Representative to the United Nations rejected the extension in his Note of May 19, 1971. Despite these international objections and objections by our country, Gabon decreed another extension of its territorial waters to 30 miles on January 5 of this year. It has made further extensions preceding the most recent one, culminating in the military invasion of Bañe, with the limit now set at 70 miles. On the other hand, we must also recall Gabon’s policy on EG 0410_T WATER STREET TRANSLATIONS Annex 28
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TRANSLATION oil prospecting and exploration concessions on Corisco Bay’s continental shelf. In 1960, the year of Gabon’s independence, the Spanish Government—which then held colonial sovereignty over what is Equatorial Guinea today—granted two joint exploration permits to the Compañía Española de Petróleos, S.A. (CEPSA) and the Spanish Gulf Oil Company. Said joint exploration permits were granted for the territorial waters of mainland and insular Equatorial Guinea, outside of Rio Muni’s territory and south of the parallel of the territorial border between Rio Muni and Gabon. Spain did not specify the southern limit of this joint concession. This lack of precision led the concessionaire oil companies to request that the Spanish Government issue a moratorium on their operations until the maritime boundary with Gabon is defined. In response to this request, on October 3, 1962, the Spanish Ministry of Foreign Affairs issued a report defining the limit of the Spanish internal waters in Corisco Bay via a straight line between Elobey Grande Island and the Bañe Bank. The report does not specify the limit of Spanish territorial waters. Rather, it defines the baseline from which the maritime boundary of the territorial waters should be jointly marked with Gabon. This report affirmed Spain’s indisputable sovereignty over the Bañe Bank, and Gabon made no formal protest to this report. The concessionaires, in complete assurance and guarantee of their rights, thus carried out exploration work on the 1-A permit. After four detailed marine seismic operations and one survey, they were able to identify an area of greatest interest for oil to the northwest of Elobey Island. Accordingly, in early 1970, they decided to conduct a survey, after notifying the Ministry of Industry and Mines of now- independent Equatorial Guinea. It was then that Gabon’s lust for the resources of Corisco Bay’s continental shelf appeared. On May 14, 1970, the Government of Gabon published a decree defining as Gabonese territory a large area of the 1-A permit, mentioned above, which had historically been recognized as belonging first to Spain and subsequently to Equatorial Guinea. The concessionaire companies of the Spanish permit had repeatedly performed exploration in this area without protest [text cut off]; and following its independence, Equatorial Guinea had recognized the Spanish permit as legitimate. [text cut off] EG 0409_T WATER STREET TRANSLATIONS Annex 28
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TRANSLATION To carry out this threat, and even though both negotiating delegations had agreed that “no unilateral action be taken in the disputed zone without the express consent of the other party” (Proces verbal of March 29, 1972, Libreville), the President of the Gabonese Republic ordered and carried out, last September 23, the invasion and military occupation of the Bañe Island of Equatorial Guinea. Equatorial Guinea’s Sovereignty over Bane Island Now is not the time to expound upon the basis or titles of Equatorial Guinea’s political and legal sovereignty over Bañe Island. It is sufficient to note that this island was a Spanish colonial possession in fact and by law. Equatorial Guinea acquired sovereignty over the island via succession as of October 12, 1968, the date of Equatorial Guinea’s national independence. Since time immemorial, this island has been peacefully and consensually inhabited without interruption by fishermen belonging to the ethnic groups of Corisco. After the 1900 Convention between France and Spain, there was never any dispute over Spain’s sovereignty over this island. Gabon made no claim after its independence in 1960; either to Spain, when its Ministry of Foreign Affairs delimited the internal waters of Corisco and Bañe Island; or to Equatorial Guinea, when it authorized the continuation of oil prospecting in this area in 1968. Bañe Island is not some res nullius or res derelicta capable of acquisition by occupation. The simple fact that on Bañe Island Gabonese troops found and detained four soldiers of Equatorial Guinea’s National Guard and 24 Corsicans living on the island, alone, shows that: a) The island is under Equatorial Guinea’s political sovereignty, represented thereon by the military authority of the local garrison’s commander. b) The island was under the civil possession of various families with Equatoguinean nationality.EG 0404_T WATER STREET TRANSLATIONS Annex 28
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TRANSLATION This simple finding, namely the proof that Equatorial Guinea has been violently dispossessed and violated in its peaceful possession of Bañe Island, is sufficient under international law for it to demand return of its possession of the island and the consequent recognition of its inviolable sovereignty over the island. This is what the people of Equatorial Guinea, through our president, ask of the United Nations Security Council. It is a historic coincidence that Equatorial Guinea comes today before the Security Council to make its sovereignty claim over Bañe Island, while another United Nations Member State disregards it. Equatorial Guinea bases its claim on the well-known principle of law and international practice known as “uti possidetis.” This principle was incorporated into international law by Latin American States in the early 19th century when, in the process of their independence, they adopted the former boundaries between the different Spanish colonial regions (audiences, viceroyalties, captaincy generals) as their borders. The United Nations has universalized this principle as the guide for determining the borders of new States born via decolonization. The Organization of African Unity has also accepted this principle as a formal and political criterion; and it is used both for delimiting the borders between former territories administered by the same State and for borders between territories administered by different States. This principle is modern international law’s application of Roman law’s ancient “uti nunc possidetis, quominis ita possidetis vim fieri veto” formula, as expressed by Gayo. It is known by its abbreviation, “uti possidetis, ita possideatis,” meaning, as you possess, so shall you continue to possess. This is what we ask from the Security Council: that we continue to possess Bañe Island as we have previously possessed it. It is our historic right, gained with our independence. We will never relinquish it. Petition to the Security Council As a full member of the United Nations, Equatorial Guinea kindly requests that the Security Council adopt a resolution: EG 0403_T WATER STREET TRANSLATIONS Annex 28
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TRANSLATION A. Condemning Gabon’s military aggression and violent occupation of a territory under Equatorial Guinea’s sovereignty, as is Bañe Island. B. Demanding the immediate withdrawal of Gabonese troops from the Bañe Island and the contiguous areas, as well as the immediate release of all Equatoguinean prisoners. C. Recommending that the Republic of Gabon come to peacefully negotiate the strict problem of the demarcation of territorial waters with Equatorial Guinea. EG 0402_T WATER STREET TRANSLATIONS Annex 28
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WATER STREET TRANSLATIONS, LLC 10 East 39th Street, 12th Floor New York, NY 10016 (212)776-1713www.waterstreettranslations.com [email protected] CERTIFICATION OF ACCURACY OF TRANSLATION This hereby confirms that the foregoing translation was prepared by Timothy Friese, a linguist with substantial experience in the translation of documents from Spanish into English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following: “To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith." Kent G. Heine Water Street Translations, LLC 09/08/21 Date Annex 28
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Letter from the United Nations Secretary-General to His Excellency the President of the Republic of Equatorial Guinea (6 August 2003)
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TRANSLATION THE SECRETARY GENERAL August 6, 2003 Your Excellency: I wish to express my appreciation to you for the frank and productive conversations we held with His Excellency El Hadj Omar Bongo, President of the Republic of Equatorial Guinea [sic], on July 11th in Maputo during the African Union Summit. I was encouraged by your joint commitment to peacefully resolve the boundary dispute between your two countries with respect to the Island of Mbañe. As agreed in Maputo, I soon plan to appoint an expert who will be tasked with examining this matter. In addition, I would be grateful if you would send me all of the documents that you have in relation to this dispute as soon as you are able. I would inform you that I have sent President Bongo a similar request. I hope that we will have the opportunity to re-examine this matter on the sidelines of the general debate for the fifty-eighth period of sessions of the United Nations General Assembly. I take the opportunity to reiterate to Your Excellency the assurances of my highest consideration. [signature] Kofi A. Annan His Excellency Teodoro Obiang Nguema Mbasogo President of the Republic of Equatorial Guinea Malabo WATER STREET TRANSLATIONS
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WATER STREET TRANSLATIONS, LLC 10 East 39th Street, 12th Floor New York, NY 10016 (212)776-1713www.waterstreettranslations.com [email protected] CERTIFICATION OF ACCURACY OF TRANSLATION This hereby confirms that the foregoing translation was prepared by Mary Lewis, a linguist with substantial experience in the translation of documents from Spanish into English as certified by the American Translators Association. Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following: “To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith." Kent G. Heine Water Street Translations, LLC 09/12/21 Date
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“Gabon and Equatorial Guinea Set Terms of UN Mediation Over Disputed Islands”, UN News (20 January 2004)
1/1January 20, 2004Gabon and Equatorial Guinea set terms of UN mediationover disputed islandsnews.un.org/en/story/2004/01/91552-gabon-and-equatorial-guinea-set-terms-un-mediation-over-disputed-islands20 January 2004The Foreign Ministers of Gabon and Equatorial Guinea have agreed to the terms of UnitedNations mediation to peacefully resolve their dispute over a number of strategic islands.Meeting at UN Headquarters in New York yesterday with mediator Yves Fortier, the partiessigned a communiqué outlining several procedural steps to be taken in future talks onsovereignty over the oil-rich islands of Mbanié, Coctotiers and Congas in the Corisco Bay.The two sides also pledged to spare no effort in reaching a fair and peaceful resolution oftheir dispute.The mediation effort stems from July when, during a meeting with UN Secretary-GeneralKofi Annan, the leaders of Gabon and Equatorial Guinea agreed to accept his good offices.Mr. Annan then named Mr. Fortier, a former Canadian Ambassador to the UN withextensive diplomatic experience, to conduct the talks.♦ Receive daily updates directly in your inbox - Subscribe here to a topic.♦ Download the UN News app for your iOS or Android devices.gabon|Guinea Annex 30
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Letter from the Ministry of Foreign Affairs of the Republic of Equatorial Guinea to the Secretary-General of the United Nations (10 March 2004)
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TRANSLATION WATER STREET TRANSLATIONS REPUBLIC OF EQUATORIAL GUINEA Ministry of Foreign Affairs, International Cooperation, and Francophonie Malabo, March 10, 2004 His Excellency Kofi Hanan Secretary General of the United Nations New York, United States of America Your Excellency: My Country’s Government has learned of the Gabonese Government’s intention to register the alleged 1974 convention with the United Nations Office of the Secretary General. Mr. Secretary General, as you are well aware, there is some debate in the mediation about the existence of the alleged 1974 convention, which the Gabonese Government claims was signed by then President of Equatorial Guinea Macías NGUEMA, as the Gabonese Government itself has recognized that it only has photocopies, claiming not to have the originals of both French and Spanish versions of such alleged convention. The Government of Equatorial Guinea informs Your Excellency, the Secretary General, that in light of these events, Gabon is acting in bad faith. By not having copies that would prove the existence of the original document, it is attempting to legitimize before the United Nations a document they claim was signed 30 years ago, and of which Equatorial Guinea has no knowledge whatsoever. As such, my Country’s Government does not accept this attempt to register the aforementioned alleged 1974 convention; it rejects and protests these maneuvers, as they are contrary to good faith, international law, State practice, and the spirit of an honest mediation. My Country’s Government has placed its trust in you to peacefully bring an end to the boundary dispute and determination of sovereignty over the islets, as well as in your sacred mission to ensure the transparency of treaty registration services. Mr. Secretary General, please accept the expression of my highest consideration. [signature] Minister of Foreign Affairs, International Cooperation, and Francophonie [stamp:] REPUBLIC OF EQUATORIAL GUINEA [seal] THE MINISTER MINISTRY OF FOREIGN AFFAIRS, INTERNATIONAL COOPERATION, AND FRANCOPHONIE
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThis hereby confirms that the foregoing translation was prepared by Mary Lewis, a linguist with substantial experience in the translation of documents from Spanish into English as certified by the American Translators Association.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith."Kent G. HeineWater Street Translations, LLC09/12/21_Date
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Letter from the Assistant Secretary-General of the United Nations to the Permanent Representative of the Republic of Equatorial Guinea to the United Nations (22 March 2004)
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“Secretary-General’s Activities in Ethiopia 3 - 7 July”, UN News (8 July 2004)
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1/4SECRETARY-GENERAL’S ACTIVITIES IN ETHIOPIA 3 - 7JULYun.org/press/en/2004/sgt2414.doc.htmPrintPress ReleaseSG/T/24148 July 2004Secretary-General Kofi Annan arrived in Addis Ababa, Ethiopia, late on Saturday, 3 July.On Sunday, he met with his aides to prepare for the African Union Summit. He metseparately with his Special Advisor for the Millennium Development Goals, Jeffrey Sachs, ofColumbiaUniversity, who was the inspiration behind a high-level seminar on African hungerthat he was to address the next day.He began Monday with a working breakfast with the members of the African UnionCommission, and its chair, former Malian President Alpha Konaré. Among the topicstouched on were the Sudan, Ethiopia/Eritrea, the Central African Republic, the DemocraticRepublic of the Congo and Rwanda, and United Nations support for the African Union.He then addressed the high-level seminar, titled “Innovative Approaches to Meeting theHunger Millennium Development Goal in Africa”. In Asia, Latin America and the MiddleEast, he said, a green revolution tripled food productivity and helped lift hundreds ofmillions of people out of hunger. “Let us generate a uniquely African green revolution”, heappealed to his audience, “and let us never again allow hunger, needless hunger, to ravagelives and the future of a continent.” (See Press Release SG/SM/9405.)He then had a private meeting with Prime Minister Meles Zenawi of Ethiopia, who hosted theseminar.He went on to have other bilateral meetings, starting with the President of Mozambique,Joaquim Chissano, with whom he reviewed the peace process in Burundi, whichMozambique is facilitating.He then saw President Ismail Guelleh of Djibouti, with whom he discussed Somalia,principally, but also Ethiopia/Eritrea and the Sudan.His final bilateral of the morning was with the President of Côte d’Ivoire, Laurent Gbagbo,for a discussion of the stressed peace process in that country.
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2/4After that, he attended a luncheon hosted by Prime Minister Meles for participants in thehigh-level seminar on hunger.In the afternoon, he met the Foreign Minister of Egypt, Ahmed Maher El-Sayed, for adetailed review of the current situation in Iraq and the Sudan, after which they talked one-on-one.He then had two internal meetings, one with K.Y. Amoako, Executive Secretary of theEconomic Commission for Africa, and the second with Louise Arbour, the newly-appointedHigh Commissioner for Human Rights.In the evening, he attended the State banquet hosted by Prime Minister Meles in honour ofthose attending the African Union Summit, which was to formally open the next morning.After that banquet, his last bilateral meeting of the day was with the President of SouthAfrica, Thabo Mbeki.The Secretary-General addressed the opening session of the African Union Summit onTuesday morning, 6 July.The vision of an African Union is imperilled by the persistence of deadly conflict in Africa --particularly the horrific situation in Sudan’s western region of Darfur, he told Africanleaders. The Secretary-General said that he had just seen the ruined villages and sick andhungry women and children of Darfur. Without action, he warned, “the brutalities alreadyinflicted on the civilian population of Darfur could be a prelude to an even greaterhumanitarian catastrophe -- a catastrophe that could destabilize the region.”He noted that he had signed a joint communiqué the previous Saturday with Sudan’s ForeignMinister, which was a welcome development, and he said its terms must now beimplemented.The Secretary-General also pledged to work with African countries as they reach for theMillennium Development Goals. “We will spare no effort”, he said, “to ensure that yourdevelopment partners keep their solemn promises -- including those made in the MillenniumDeclaration on trade, debt relief and overseas development assistance.”He was interrupted by applause when he said, “Many African countries are setting anexample to the world -- just as the Union itself has done by ensuring that half yourCommissioners are prominent and talented women.”On the subject of governance, he urged African leaders not to cling to power, saying, “Thereis no truer wisdom, and no clearer work of statesmanship, than knowing when to pass thetorch to a new generation. And no government should manipulate or amend the constitutionto hold on to office beyond prescribed term limits that they accepted when they took office.”There was more applause.
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3/4“Let us always remember”, he concluded, “that constitutions are for the long-term benefit ofsociety, not the short-term goals of the ruler. Let us pledge that the days of indefinite one-man or one-party governments are behind us.” (See Press Release SG/SM/9406.)At the break in the opening plenary, the Secretary-General brought together President OmarBongo Ondimba of Gabon and President Obiang Nguema Mbasogo of Equatorial Guinea fora signing ceremony. The two Presidents had been negotiating a boundary dispute that datedback to colonial days, with the help of Yves Fortier, former Canadian Ambassador to theUnited Nations, whom the Secretary-General had appointed to conduct talks between thetwo governments. This unresolved issue had become more pressing with the discovery of oilin the contested region. By the agreement that the two leaders signed that morning, whichthe Secretary-General witnessed, they would negotiate the creation of a Joint DevelopmentZone in order to share the exploited resources while continuing to try to resolve the disputedboundary.“This is one of the rare occasions when two African leaders come together to resolve theirdifferences peacefully”, the Secretary-General said at the ceremony, adding, “I think this is anexample for other leaders that differences can be resolved peacefully.”(See Press ReleaseSG/SM/9407.)The Secretary-General then held bilaterals throughout the day. He met in succession withthe President of Benin, Mathieu Kérékou; the President of Uganda, Yoweri Museveni; thePresident of Burundi, Domitien Ndayizeye; the President of the Congo, Denis SassouNguesso, and the President of Rwanda, Paul Kagame.The Secretary-General then called a mini-summit on the Democratic Republic of the Congo’s(DRC’s) relations with Rwanda. The Heads of State of Burundi, Mozambique, Nigeria,Rwanda, Tanzania and Uganda attended, as did the Foreign Minister of the DRC. TheExecutive Secretary of the African Union Commission, Alpha Konare, also participated.After that, he hosted a second mini-summit on the subject of the peace process in Côted’Ivoire. It was attended by the Presidents of Benin, Burkina Faso, Côte d’Ivoire, Gabon,Ghana, Mali and Nigeria, and by the Prime Minister of Togo. The Executive Secretary of theEconomic Community of West African States was also present.The participants agreed in a communiqué to convene a high-level meeting of all Ivorianparties, including the President and Prime Minister, in Accra, Ghana, on July 29. Speakingto reporters afterward, the Secretary-General said that until that date, preparations would bemade so that “the Accra meeting will be concrete, constructive and we should be able to leaveAccra with sure and real achievements.”That evening he met with Ruud Lubbers, High Commissioner for Refugees.
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4/4In a separate programme on Tuesday afternoon, Nane Annan took part in a discussion withEthiopian teenagers hosted by the Mayor of Addis Ababa, Mr. Arkebe Oqubay, and attendedby UNICEF Executive Director Carol Bellamy and UNAIDS Ethiopia Representative BunmiMakinwa. The teenagers voiced their concerns on issues such as access to HIV/AIDSinformation, sex education, relationships with their parents, sexual harassment in andaround school, and other reasons why so many of their peers, especially girls, are not inschool. Mrs. Annan praised the young people for their leadership and encouraged them tocontinue speaking out about issues and talking with their friends and families as a way tochange attitudes.The Secretary-General and his party left Ethiopia on Wednesday, 7 July, for Nairobi, Kenya.For information media. Not an official record.
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“Transcript of Press Conference by Secretary-General Kofi Annan at United Nations Headquarters, 21 July 2004”, United Nations Information Service (22 July 2004)
1/12Transcript of Press Conference by Secretary-General KofiAnnan at United Nations Headquarters, 21 July 2004unis.unvienna.org/unis/en/pressrels/2004/sgsm9427.htmlPress ReleasesSG/SM/9427 22 July 2004Transcript of Press Conference by Secretary-General Kofi Annan at United NationsHeadquarters, 21 July 2004The Secretary-General: Good Morning, Ladies and Gentlemen,I have just come from the Security Council, where I joined Jan Pronk, my SpecialRepresentative, to brief the Council on the situation in Sudan and Darfur.During my recent visit to some of the camps in Darfur and Chad, the men and women I spoketo told me horrific stories of the terrible violence and suffering that they had endured. Manyare living in subhuman conditions, and they fear for their future. It is clear that seriouscrimes have been committed and there has been gross and systematic abuse of human rights.We, the international community, must intensify our efforts to protect the innocent inDarfur.During my visit, the Government of Sudan made a number of commitments, which Iwelcome, including:-- First, to stop and disarm the Janjaweed and other outlaw armed groups and take steps toprotect the IDPs;-- Second, to suspend visa and travel restrictions on international humanitarian workers andon material and equipment;-- Third, to allow the deployment of AU human rights monitors; and-- Fourth, to investigate all allegations of human rights abuses and punish those foundresponsible.As we reported to the Council this morning, implementation of these commitments has so farbeen uneven. There have been encouraging steps on the humanitarian front. Access hasopened up. But there has been little progress on human rights, even though human rightsmonitors are getting in, and I regret to say that there are continuing reports of attacks by theJanjaweed.
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2/12I would like to emphasize how essential it is that the Government of Sudan honour itscommitments, and stop and disarm the Janjaweed and other armed groups. Theinternational community must hold the Government to its solemn pledges and insist thatthey do perform.But there is more that the international community itself must do. We need money and moreresources for humanitarian efforts. We need them now, not tomorrow. Tomorrow mayalready be too late. We’ve asked for $349 million for Chad and Darfur, and we’ve got pledgesof $145 million. We are $204 million short. I appeal to donors to make good on the pledgesthey have already made, and to increase their assistance. We particularly need help withequipment -- including 6 helicopters to bring aid to people in remote areas of Darfur nowthat the rains have begun.We must also sustain and increase the pressure on all parties for progress on the politicalfront. Both the Government and the rebels must come to the table without preconditions,and be ready to negotiate in good faith.But as we focus on Sudan, let’s not forget the fact that a number of other African countriesare working to resolve their differences peacefully.In Addis Ababa, I hosted a mini-summit at which the Presidents of Equatorial Guinea andGabon became the second set of neighbours to reach agreement through negotiations ratherthan the use of the gun. As you know, they’ve had a border dispute on an island with oilresources, and they agreed to exploit it jointly and continue to work on the border problem.And that, I think, was a good example for others to follow. This is in addition to Nigeria andCameroon who have adopted a similar approach for the Bakassi conflict, which they are alsoworking on peacefully.I hope other African States, including Ethiopia and Eritrea -- and indeed States around theworld -- will take inspiration from the example set by these neighbours.I also hosted mini-summits on the Democratic Republic of the Congo and Côte d’Ivoire, bothat critical and difficult junctures in their peace processes. We must sustain the momentumthat was generated there. Indeed, I intend to join a group of African leaders next week inAccra for a summit on Côte d’Ivoire.I would like to repeat how encouraged I am by the strong emphasis that African leaders areplacing on good governance. And this was very much at the centre of their discussions at thelast summit. This must be very much at the cornerstone of efforts to meet the monumentalchallenges facing Africa -- including the fight against HIV/AIDS.The Bangkok International AIDS Conference helped to raise awareness of HIV/AIDS aroundthe world. After so many years of misery and suffering, of broken lives and shatteredfamilies, the epidemic is finally starting to get the attention it deserves, if not the responseand urgency required.
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“Secretary-General Commends Leaders of Gabon, Equatorial Guinea for Agreement to Peacefully Resolve Border Dispute”, UN News (6 July 2004)
1/2SECRETARY-GENERAL COMMENDS LEADERS OFGABON, EQUATORIAL GUINEA FOR AGREEMENT TOPEACEFULLY RESOLVE BORDER DISPUTEun.org/press/en/2004/sgsm9407.doc.htmPrintPress ReleaseSG/SM/9407-AFR/9906 July 2004Secretary-GeneralStatements and Messages SECRETARY-GENERAL COMMENDS LEADERS OF GABON, EQUATORIALGUINEA FOR AGREEMENT TO PEACEFULLY RESOLVE BORDER DISPUTE Following is the text of comments by Secretary-General Kofi Annan at the signing ceremonybetween Gabon and Equatorial Guinea of an agreement to peacefully resolve their borderdispute, in Addis Ababa, today: This is one of the rare occasions when two African leaders come together to resolve theirdifferences peacefully. This is a continent with lots of conflicts. I think this is an examplefor other leaders that differences can be resolved peacefully. And I’m really pleased that thetwo leaders accepted my mediation and today they’ve signed an agreement that will lead tojoint exploration of the island in dispute, while they continue the demarcation of theirborder. And I’m sure the same spirit of compromise will prevail as they proceed with therest of the work. So I think we should all be very pleased with what the two leaders havedone and I commend them for their achievement. * *** *Africa
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Letter No. 179/05 from the Permanent Mission of the Republic of Equatorial Guinea to the United Nations to the Director of the United Nations Division of Ocean Affairs and Law of the Sea (11 March 2005)
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TRANSLATION WATER STREET TRANSLATIONS Permanent Mission of the Republic of Equatorial Guinea to the United Nations 242 East 51st New York, N.Y. 10023 Tel: (212) 223 2324 Fax: (212) 223 2366 179/05 New York, March 11, 2005 No. _____________ Mr. Vladimir Golitsyn Director of the Division for Ocean Affairs and the Law of the Sea Office DC2-0450, United Nations New York, NY 10017 Excellency: It is an honor for me to greet you and to address you in your capacity as Director of the United Nations Division for Ocean Affairs and the Law of the Sea. It has come to the attention of the Government of Equatorial Guinea that the website maintained by the Division for Ocean Affairs and the Law of the Sea refers to an alleged treaty on maritime boundaries allegedly signed by the Republic of Equatorial Guinea and the Gabonese Republic in September of 1974. The reference to this alleged treaty is located both in the section for legislation and treaties concluded by Equatorial Guinea (http://www.un.org/Depts/los/LEGISLATIONSANDTREATIES/STATEFILES/GNQ.htm, and in the section for legislation and treaties concluded by the Gabonese Republic (http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/STATEFILES/GAB.hmt). I hereby wish to inform you that only the Gabonese Republic alleges the existence of a treaty on maritime boundaries between Gabon and Equatorial Guinea. The existence of this alleged treaty has been categorically rejected by the Republic of Equatorial Guinea. In fact, there is no boundary treaty that has been entered into by Equatorial Guinea and Gabon. Consequently, I kindly ask that you delete all references to this alleged treaty, both on the website and in any other publication by your Division, so as to avoid giving a false impression that there is a maritime boundary treaty between Equatorial Guinea and Gabon. Expressing my appreciation to you in advance for your cooperation, I ask that you accept the assurances of my highest consideration. [signature] Lino-Sima Ekua Avomo Permanent Resident Ambassador
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WATER STREET TRANSLATIONS, LLC (212)776-171310 East 39th Street, 12th FloorNew York, NY 10016www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThis hereby confirms that the foregoing translation was prepared by Mary Lewis, a linguist with substantial experience in the translation of documents from Spanish into English as certified by the American Translators Association.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to the following:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the Spanish text attached herewith."Kent G. HeineWater Street Translations, LLC09/12/21_Date
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Letter from the Director of the UN Division for Ocean Affairs and Law of the Sea to HE the Permanent Representative of the Republic of Guinea Equatorial (13 April 2005)
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“Summit Communique Congratulates Presidents of Gabon, Equatorial Guinea for Progress Towards Peaceful Settlement of Border Dispute”, UN News (28 February 2006)
1/2SUMMIT COMMUNIQUE CONGRATULATES PRESIDENTSOF GABON, EQUATORIAL GUINEA FOR PROGRESSTOWARDS PEACEFUL SETTLEMENT OF BORDERDISPUTEun.org/press/en/2006/sg2107.doc.htmPrintPress ReleaseSG/2107-AFR/133828 February 2006Department of Public Information • News and Media Division • New York SUMMIT COMMUNIQUE CONGRATULATES PRESIDENTS OF GABON ,EQUATORIAL GUINEA FOR PROGRESS TOWARDS PEACEFUL SETTLEMENT OF BORDER DISPUTE Following is the joint communiqué from the tripartite summit between the Secretary-General of the United Nations, the President of the Gabonese Republic, El Hadj OmarBongo Ondimba, and the President of the Republic of Equatorial Guinea, Teodoro ObiangNguema Mbasogo, on the settlement of the territorial dispute between Gabon andEquatorial Guinea in Geneva, 27 February: The President of the Gabonese Republic, El Hadj Omar Bongo Ondimba, and the Presidentof the Republic of Equatorial Guinea, Teodoro Obiang Nguema Mbasogo, met today inGeneva in the presence of the Secretary-General of the United Nations and at his invitation. The meeting, which took place in a cordial and positive spirit, offered an opportunity to takestock of the mediation aimed at arriving at a negotiated solution to the territorial disputebetween Gabon and Equatorial Guinea and to discuss how best to secure a speedyconclusion to the mediation. Annex 38
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2/2The Secretary-General congratulated President Bongo Ondimba and President ObiangNguema Mbasogo on their wisdom and their determination to find a peaceful solution totheir border dispute. He also thanked them for their support for his mediation efforts,facilitated by his Special Adviser, Mr. Yves Fortier. The Secretary-General and the two Presidents noted with satisfaction that Gabon andEquatorial Guinea had already made considerable progress with the assistance of the UnitedNations. The Secretary-General emphasized that the efforts accomplished to datedemonstrated that the two neighbouring States could work together to settle their dispute ina peaceful manner. President Bongo Ondimba and President Obiang Nguema Mbasogo reiterated their supportfor the Secretary-General’s mediation efforts, facilitated by his Special Adviser Mr. YvesFortier, to settle pending issues speedily. The parties decided to embark immediately on negotiating the final delimitation of theirmaritime and land borders and settling the issue of sovereignty over the islands of Mbanié,Cocotier and Conga. For that purpose, they agreed to draw up a timetable for the purpose ofsettling the major outstanding issues before the end of this year. The parties decided that ameeting of experts would be held in Geneva on 15 March 2006. The two Heads of State agreed to meet again in due course under the auspices of the UnitedNations Secretary-General in order to formalize the outcome of these negotiations.* *** *For information media • not an official recordAfricaFor information media. Not an official record. Annex 38
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“Former UN Legal Chief to Mediate Dispute Between Equatorial Guinea, Gabon”, UN News (17 September 2008)
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1/2September 17, 2008Former UN legal chief to mediate dispute betweenEquatorial Guinea, Gabonnews.un.org/en/story/2008/09/273252-former-un-legal-chief-mediate-dispute-between-equatorial-guinea-gabon17 September 2008Secretary-General Ban Ki-moon announced today that he has appointedthe recently departed legal chief of the United Nations as his SpecialAdviser and Mediator to assist in resolving the continuing maritime borderdispute between Equatorial Guinea and Gabon.Secretary-General Ban Ki-moon announced today that he has appointedthe recently departed legal chief of the United Nations as his SpecialAdviser and Mediator to assist in resolving the continuing maritime border dispute betweenEquatorial Guinea and Gabon.The two countries have been informed that Nicolas Michel of Switzerland – who served asUN Legal Counsel from August 2005 until the start of this month – will be the SpecialAdviser, UN spokesperson Marie Okabe told reporters.Mr. Michel had already been dealing with the border dispute as part of his duties as UN LegalCounsel, and Ms. Okabe said he would bring a reputation for impartiality and a commitmentto the peaceful settlement of disputes, as well as his diplomatic and legal skills, to the newpost.In July, after two days of meetings at the UN Office at Geneva (UNOG), Equatorial Guineaand Gabon issued a joint statement saying they had made substantial progress towardsreferring the maritime border dispute to the International Court of Justice (ICJ), the mainjudicial organ of the UN.Representatives of the neighbouring African nations said they had worked on key documentsfor a planned joint submission to the ICJ, which would then adjudicate on the boundary.The dispute between Equatorial Guinea and Gabon, which emerged in 2003, centres on anisland which has oil resources. The two States, which have agreed to exploit the area jointlyuntil the dispute is resolved, plan to meet again in New York in September to finalize thedocuments being submitted to the ICJ.In another senior appointment announced today, Mr. Ban has selected Karin Landgren ofSweden as his Deputy Special Representative for Nepal, where a UN political mission (knownas UNMIN) is based. Currently the head of child protection for the UN Children’s Fund
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2/2(UNICEF), Ms. Landgren has also worked for the UN High Commissioner for Refugees(UNHCR).
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United Nations Convention on the Law of the Sea 1982, Preliminary Information Presented by the Republic of Equatorial Guinea on the Outer Limits of the Continental Shelf (7 May 2009)
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“Border Agreement Creates Model for Other African Nations”, Voice of America (29 October 2009)
1/2Border Agreement Creates Model for Other AfricanNations - 2004-07-08voanews.com/archive/border-agreement-creates-model-other-african-nations-2004-07-08ArchiveOctober 29, 2009 09:38 PMWith much fanfare, the West African countries of Equatorial Guinea and Gabon have signedan agreement to settle their border dispute. At the African Union's summit this week in AddisAbaba, the agreement was seen as an example of how other African countries can resolveborder disputes.Gabon's President Omar Bongo and Equatorial Guinea's President Obiang Nguema Mbasogohugged for the cameras after signing the agreement and pledged to end their often violentdispute over the ownership of an island called Mbanie and the waters around it.Mr. Bongo said he was optimistic the rival territorial claims will be settled soon.He says he thinks it is important to show the world that the two countries will keep theirpromise.His counterpart from Equatorial Guinea was also upbeat, calling Mr. Bongo his brother.He says the conflict is rooted in the historic struggle between the two colonial powers, Spainand France, over the island, and it is now up to Gabon and Equatorial Guinea to settle it.Both countries inherited the territorial dispute from their colonizers, Spain and France. Thetwo colonial powers signed a treaty in 1900 to mark the borders in the Gulf of Guinea, but didnot resolve a rival claim to three small islands, including Mbanie.Gabon and Equatorial Guinea have been quarreling over the border since theirindependence, coming close to blows in the early 1970s. That lasted until last year when thetwo countries accepted a UN offer to act as a go-between in negotiating a solution.UN Secretary-General Kofi Annan told reporters at the African Union summit earlier thisweek the Gabon-Equatorial Guinea agreement is a historic event for Africa."This is one of the rare occasions when two African leaders come together to resolve theirdifferences peacefully," he says. "This is a continent with lots of conflicts and I think this is anexample for other leaders that differences can be resolved peacefully."A UN adviser on the border dispute, Stephen Drymer, says oil is at the heart of the dispute.
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2/2"The territorial dispute has not been resolved but the parties have agreed that, pendingresolution of their territorial dispute, they will work together to implement a jointdevelopment agreement which will allow them to benefit from the resources jointly, even asthe mediation of their territorial dispute continues," he says.He says other countries in Africa should follow this as a model in dealing with their ownborder disagreements.One such disagreement is between Ethiopia and Eritrea. The exact location of the border wasthe cause of a brutal war between the two countries from 1998 to 2000 in which an estimated70,000 people died.As part of a peace deal signed in 2000, a boundary commission was set up to mark theborderline. But Ethiopia rejected the commission's subsequent decision to award an areacalled Badme to Eritrea and the commission pulled out.Ethiopian Prime Minister Meles Zenawi has admitted the two countries are at loggerheadsover Badme, but pledged to work out the dispute peacefully.Eritrea, which was notably absent from the AU summit, maintains Ethiopia should accept theboundary commission's ruling and says there is nothing to negotiate.But negotiation is producing results in another border dispute between Nigeria andCameroon over the oil-rich areas around Lake Chad and the Bakassi Peninsula.Following a 2002 ruling by the International Court of Justice, the two countries set up amixed commission to determine the borderline in the disputed territory. Nigerianpresidential spokeswoman Remi Oya says only an agreed solution will have a lasting effect."Political solutions last long because the people are committed to one another. And, after all,what is Africa? Africa has just been divided by the colonialists. We're all one. And it isimportant for us to continue to realize that," she says.She says the best way to do tackle problems is to seek political, not military, solutions. Annex 41
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Note from United Nations Under-Secretary-General L. Pascoe, Background for the Deputy Secretary-General’s Meeting with Joint Equatorial Guinea and Gabon Senior Delegations, New York on 18 March 2010 (15 March 2010)
Bacl<ground for the Deputy Sccrctm-y-Gencnll's meeting with joint Equatorial Guinea and Gabon · senior delegations UN HeiHJquartcrs in New Vorl{, 18 Mnrch 2010 Mediation of the border between Guinea and Gabon The longstanding dispute between Equatorial Guinea and Gabon regarding, in particular, sovereignty over the Mbanie, Cocotiers and Congas islands, and the delimitation of their maritime and land boundaries, dates back to 1972 It has remained a source of periodic tension between the two nations over the years. The islands are believed to have substantial offshore oil deposits. In response to a request by the authorities of Equatorial Guinea and Gabon, in July 2003, the SecretaryGeneral appointed a Special Adviser and Mediator, Mr. Yves Fortier (Canada), to help mediate a peaceful agreement on the border dispute between the tWo countries. Despite several unsuccessful initiatives by the former Secretary-. General to reach a negotiated settlement of the dispute between 2003 and 2006, through the UN mediation, the Secretary-General decided to renew his good offices. In June 2008, the parties agreed to discontinue the search for a negotiated resolution of their dispute, but to seek, with UN assistance, a judicial settlement through the International Court Of Justice (ICJ). To that end, the new Secretary-General's Special Adviser and Mediator of the border dispute, Mr. Nicolas Michel, has engaged both parties in a process designed to conclude a special agreement ("comprom1s") to bring the case before the ICJ. · The efforts by the Mediator now seem to be entering a final phase. The parties last met in Geneva on 25 and 26 January 2010 where substantial progress was made on the draft proposed special agreement. However, the most difficult provision of the special agreement, namely the subject matter ofthe dispute, is still under discussion. The next high level mediation meeting is scheduled to take place at UN Headquarters in New York, from 18 to 20 March 2010. DPA is currently funding the Mediator's good offices until May 2010, through the Trust Fund for Preventive Action.
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The Gabonese Republic, Submission Made by the Gabonese Republic for the Extension of its Continental Shelf Beyond 200 Nautical Miles Pursuant to Article 76 of the United Nations Convention on the Law of the Sea (10 April 2012)
THE GABONESE REPUBLIC – ARTICLE 76 SUBMISSION EXECUTIVE SUMMARY SUBMISSION MADE BY THE GABONESE REPUBLIC FOR THE EXTENSION OF ITS CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES PURSUANT TO ARTICLE 76 OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA EExxeeccuuttiivvee SSuummmmaarryy 1.INTRODUCTION This submission to the Commission on the Limits of the Continental Shelf is made by the Government of the Gabonese Republic pursuant to article 76, paragraph 8, of the Convention in support of the establishment of the outer limit of the continental shelf of the Gabonese Republic at the continental margin of West Africa in the Atlantic Ocean. 2.OUTER LIMIT OF THE CONTINENTAL SHELF OF THE GABONESE REPUBLIC This submission concerns the outer limit of the continental shelf of the Gabonese Republic in its entirety and is the complete submission of Gabon. 3.PROVISIONS OF ARTICLE 76 INVOKED The outer limits contained in this submission are based on the provisions of article 76, paragraphs 4 (a) (ii), 4 (b), 5 and 7. 4.NAMES OF ANY COMMISSION MEMBERS WHO PROVIDED ADVICE DURING THE PREPARATION OF THE SUBMISSION No advice was provided by any member of the Commission. 5.ABSENCE OF DISPUTES In accordance with paragraph 2 (a) of annex I to the Rules of Procedure of the Commission, the Gabonese Republic hereby informs the Commission that the area of continental shelf to which this submission refers is not the subject of any dispute between the Gabonese Republic and any other State. 6.DESCRIPTION OF THE OUTER LIMIT OF THE CONTINENTAL SHELF OF THE GABONESE REPUBLIC The outer limit of the continental shelf of Gabon may be delineated with reference to article 76, paragraph 4 (a) (i) (line where the thickness of sedimentary rocks is at least 1 per cent). Seven foot of the continental slope points have been identified along the continental margin (FOS 1 to FOS 7), two of which contribute to the outer limit (FOS 2 and FOS 6). From those two FOS points, seven fixed points (FP1 to FP7) have been determined in accordance with article 76, paragraph 4 (a) (i). None of these points is more than 350 nautical miles from the baseline and none is more than 60 nautical miles from any neighbouring point. Annex 43
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THE GABONESE REPUBLIC – ARTICLE 76 SUBMISSION EXECUTIVE SUMMARY Figure 1 Outer limit of the continental shelf of the Gabonese Republic beyond 200 nautical miles.
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THE GABONESE REPUBLIC – ARTICLE 76 SUBMISSION EXECUTIVE SUMMARY FP Latitude (S) Longitude (E) Method From FP To FP Distance (M) 1 4.63277 6.71311 Fixed point where the thickness of sedimentary rocks is greater than 1 per cent of the distance from point FOS 2 2 5.41406 6.65525 Fixed point where the thickness of sedimentary rocks is greater than 1 per cent of the distance from point FOS 2 1 2 46.77 3 5.9439 7.03018 Fixed point where the thickness of sedimentary rocks is greater than 1 per cent of the distance from point FOS 2 2 3 38.78 4 6.44559 7.20841 Fixed point where the thickness of sedimentary rocks is greater than 1 per cent of the distance from point FOS 6 3 4 31.79 5 6.92166 7.61136 Fixed point where the thickness of sedimentary rocks is greater than 1 per cent of the distance from point FOS 6 4 5 37.24 6 7.38301 7.99342 Fixed point where the thickness of sedimentary rocks is greater than 1 per cent of the distance from point FOS 6 5 6 35.75 7 7.60803 8.26381 Fixed point where the thickness of sedimentary rocks is greater than 1 per cent of the distance from point FOS 6 6 7 20.98 Table 1 List of coordinates and method of determining each fixed point describing the outer limit. 7.STATE BODIES RESPONSIBLE FOR PREPARING THE SUBMISSION This submission, together with all maps, figures, enclosures, annexes and digital databases, was prepared by: -the National Committee on the Project for the Extension of the Continental Shelf of the Gabonese Republic, GABEx-PC, Office of the President; -the Ministry of Foreign Affairs; And external consultants: -DOF Subsea, AS, Norway; -Maritime Zone Solutions Limited, United Kingdom.
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Organisation of African Unity, Resolutions Adopted by the First Ordinary Session of the Assembly of Heads of State and Government Held in Cairo, UAR (17-21 July 1964) (excerpt)
ORGANIZATION OFAFRICAN UNITYSecretariatAddis AbabaAHG/Res. 1 (1)-AHG/Res. 24 (1)RESOLUTIONS ADOPTED BY THE FIRST ORDINARY SESSION OF THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT HELD IN CAIRO, UAR, FROM 17 TO 21 JULY 1964
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Recalling resolution 1904 (XVIII) of the General Assembly of the United Nations adopted on 20 November 1963: the Declaration on the Elimination of all Forms of Racial Discrimination;Recalling other resolutions of the General Assembly and the Specialized Agencies of the United Nations calling for the elimination of all forms of racial discrimination;Taking into account the resolution adopted at the Conference of Heads of State and Government in Addis Ababa in May 1963 condemning racial discrimination in all its forms in Africa and in all parts of the world;Considering that one hundred years have passed since the Emancipation Proclamation was signed in the United States of America;Noting with satisfaction the recent enactment of the Civil Rights Act designed to secure for American Negroes their basic human rights;Deeply disturbed, however, by continuing manifestations of racial bigotry and racial oppression against Negro citizens of the United States of America:1.REAFFIRMS its belief that the existence of discriminatory practices is a matter of deep concern to Member States of the Organization of African Unity;2.URGES the Government authorities in the United States of America to intensify their efforts to ensure the total elimination of all forms of discrimination based on race, colour, or ethnic origin.AHG/Res. 16(I)BORDER DISPUTES AMONG AFRICAN STATESThe assembly of Heads of State and Government meeting in its First Ordinary Session in Cairo, UAR, from 17 to 21 July 1964,
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Considering that border problems constitute a grave and permanent factor ofdissention;Conscious of the existence of extra-African manoeuvres aimed at dividing African States;Considering further that the borders of African States, on the day of their independence, constitute a tangible reality;Recalling the establishment in the course of the Second Ordinary Session of the Council of the Committee of Eleven charged with studying further measures for strengthening African Unity;Recognising the imperious necessity of settling, by peaceful means and within a strictly African framework, all disputes between African States;Recalling further that all Member States have pledged, under Article IV of the Charter of African Unity, to respect scrupulously all principles laid down in paragraph 3 of Article III of the Charter of the Organization of African Unity:1.SOLEMNLY REAFFIRMS the strict respect by all Member States of the Organization for the principles laid down in paragraph 3 of Article III of the Charter of the Organization of African Unity;2.SOLEMNLY DECLARES that all Member States pledge themselves to respect the borders existing on their achievement of national independence.AHG/Res. 17(I)FINANCING OF THE UNITED NATIONS PEACE OPERATIONSThe Assembly of Heads of State and Government meeting in its First Ordinary Session in Cairo, UAR, from 17 to 21 July 1964,
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The African Union, Constitutive Act of the African Union (11 July 2000) (excerpt)
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Constitutif Act of African UnionCONSTITUTIVE ACT OF THE AFRICAN UNION
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Constitutif Act of African Union 230. The President of the Republic of Malawi31. The President of the Republic of Mali32. The President of the Islamic Republic of Mauritania33. The Prime Minister of the Republic of Mauritius34. The President of the Republic of Mozambique35. The President of the Republic of Namibia36. The President of the Republic of Niger37. The President of the Federal Republic of Nigeria38. The President of the Republic of Rwanda39. The President of the Sahrawi Arab Democratic Republic40. The President of the Republic of Sao Tome and Principe41. The President of the Republic of Senegal 42. The President of the Republic of Seychelles43. The President of the Republic of Sierra Leone44. The President of the Republic of Somalia45. The President of the Republic of South Africa46. The President of the Republic of Sudan47. The King of Swaziland48. The President of the United Republic of Tanzania49. The President of the Togolese Republic50. The President of the Republic of Tunisia51. The President of the Republic of Uganda52. The President of the Republic of Zambia53. The President of the Republic of ZimbabweINSPIRED by the noble ideals which guided the founding fathers of our Continental Organization and generations of Pan-Africanists in their determination to promote unity, solidarity, cohesion and cooperation among the peoples of Africa and African States;CONSIDERING the principles and objectives stated in the Charter of the Organization of African Unity and the Treaty establishing the African Economic Community;RECALLING the heroic struggles waged by our peoples and our countries for political independence, human dignity and economic emancipation;
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Constitutif Act of African Union3CONSIDERING that since its inception, the Organization of African Unity has played a determining and invaluable role in the liberation of attainment of the unity of our continent and has provided a unique framework for our collective action in Africa and in our relations with the rest of the world.DETERMINED to take up the multifaceted challenges that confront our continent and peoples in the light of the social, economic and political changes taking place in the world;CONVINCED of the need to accelerate the process of implementing the Treaty establishing the African Economic Community in order to promote the socio-economic development of Africa and to face more effectively the challenges posed by globalization;GUIDED by our common vision of a united and strong Africa and by the need to build a partnership between governments and all segments of civil society, in particular women, youth and the private sector, in order to strengthen solidarity and cohesion among our peoples;CONSCIOUSa major impediment to the socio-economic development of the continent and of the need to promote peace, security and stability as a prerequisite for the implementation of our development and integration agenda;DETERMINED to promote and protect human and peoples’ rights, consolidate democratic institutions and culture, and to ensure good governance and the rule of law;FURTHER DETERMINED to take all necessary measures to strengthen our common institutions and provide them with the necessary powers and resources to enable them discharge their respective mandates effectively;RECALLING the Declaration which we adopted at the Fourth Extraordinary Session of our Assembly in Sirte, the Great Socialist
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Constitutif Act of African Union 4People’s Libyan Arab Jamahiriya, on 9.9. 99, in which we decided to establish an African Union, in conformity with the ultimate objectives of the Charter of our Continental Organization and the Treaty establishing the African Economic Community;HAVE AGREED AS FOLLOWS:Article 1In this Constitutive Act:“Act” means the present Constitutive Act;“AEC” means the African Economic Community;“Assembly” means the Assembly of Heads of State and Government of the Union;“Charter” means the Charter of the OAU;“Commission” means the Secretariat of the Union;“Committee” means a Specialized Technical Committee of the Union;“Council” means the Economic, Social and Cultural Council of the Union;“Court” means the Court of Justice of the Union;“Executive Council” means the Executive Council of Ministers of the Union;“Member State” means a Member State of the Union;“OAU” means the Organization of African Unity;
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Constitutif Act of African Union5“Parliament” means the Pan-African Parliament of the Union;“Union” means the African Union established by the present Constitutive Act.Article 2EstablishmentThe African Union is hereby established in accordance with the provisions of this Act.Article 3ObjectivesThe objectives of the Union shall be to:(a) achieve greater unity and solidarity between the African countries and the peoples of Africa;(b) defend the sovereignty, territorial integrity and independence of its Member States;(c) accelerate the political and socio-economic integration of the continent;(d) promote and defend African common positions on issues of interest to the continent and its peoples;(e) encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights;(f) promote peace, security, and stability on the continent;(g) promote democratic principles and institutions, popular participation and good governance;
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Constitutif Act of African Union 6(h) promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments;(i) establish the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations;(j) promote sustainable development at the economic, social and cultural levels as well as the integration of African economies;(k) living standards of African peoples;(l) coordinate and harmonize the policies between the existing and future Regional Economic Communities for the gradual attainment of the objectives of the Union;(m) advance the development of the continent by promoting research in (n) work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent.Article 4PrinciplesThe Union shall function in accordance with the following principles:(a) sovereign equality and interdependence among Member States of the Union;(b) respect of borders existing on achievement of independence;(c) participation of the African peoples in the activities of the Union;(d) establishment of a common defence policy for the African Continent;
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Constitutif Act of African Union7(e) through such appropriate means as may be decided upon by the Assembly;(f) prohibition of the use of force or threat to use force among Member States of the Union;(g) non-interference by any Member State in the internal affairs of another;(h) the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity;(i) peaceful co-existence of Member States and their right to live in peace and security;(j) the right of Member States to request intervention from the Union in order to restore peace and security;(k) promotion of self-reliance within the framework of the Union;(l) promotion of gender equality;(m) respect for democratic principles, human rights, the rule of law and good governance;(n) promotion of social justice to ensure balanced economic development;(o) respect for the sanctity of human life, condemnation and rejection of impunity and political assassination, acts of terrorism and subversive activities;(p) condemnation and rejection of unconstitutional changes of governments.
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African Union, “Report of the Chairperson of the Commission on Conflict Situations in Africa”, Executive Council, Fifth Ordinary Session 25 June - 3 July 2004, Addis Ababa, Ethiopia, EX.CL/106 (V) (3 July 2004)
AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone 517 700 Fax : 517844 EXECUTIVE COUNCIL Fifth Ordinary Session 25 June – 3 July 2004 Addis Ababa, ETHIOPIA EX.CL/106 (V) RREEPPOORRTT OOFF TTHHEE CCHHAAIIRRPPEERRSSOONN OOFF TTHHEE CCOOMMMMIISSSSIIOONN OONN CCOONNFFLLIICCTT SSIITTUUAATTIIOONNSS IINN AAFFRRIICCAA Annex 46
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EX.CL/106 (V)Page 22 103.The AU delegation conferred with the authorities and several political and military players in the country on the sidelines of this 3rd Session. The Representatives of former Buffalo Battalion could not join in the consultation because they were absent from the country. It emerged from the discussion that in addition to the military situation, one of the problems facing the Republic of São Tomé and Principe was correlated to the difficult cohabitation between President Fradique de Menezes Member of the Movement of the Democratic Forces for Change (MFDM, with 27 seats in the National Assembly) and the Prime Minister Ms.Maria das Neves Member of the Coalition of the Movement for the Liberation of the People of São Tomé and Principe (MLSTP, with 24 seats) and the Independent Democratic Action Party (ADI, 4 seats). The political opponents of President Fradique de Menezes accuse him of constantly trampling on the powers of the Prime Minister and of not respecting the separation of powers, a situation which is allegedly at the root of the current political instability in the country. All the players do however agree on the need to organize the National Forum, preparations for which are underway. 104.This latent political problem recently resurfaced in the form of a crisis between Prime Minister Maria das Neves and the Foreign and Natural Resource Ministers both Members of the MFDM. The crisis was such that Maria das Neves demanded the dismissal of the two Ministers failing which she herself would resign. In reaction, all the MFDM Ministers presented their resignations en bloc. President Fradique had to appoint a new Foreign Affairs and Cooperation Minister as a way of ending the impasse. 105.May I recall, at this juncture, that the 11th Ordinary Session of the ECCAS Heads of State and Government had mandated Gabon, the Republic of Congo and Angola to monitor the situation in São Tomé and Principe. Pursuant to this mandate, the Gabonese and the Congolese Foreign Ministers proceeded to São Tomé on 12 March 2004. While in the country, the Ministers urged all the political players to work hand-in-hand to consolidate the on-going normalization process. i) Equatorial Guinea106.Early in March 2004, a group of mercenaries were arrested in Equatorial Guinea on accusation of involvement in planning a coup d’état in the country. The President Obiang Nguema accused opposition member Severo Moto Nsa living in exile in Spain of having masterminded the plot, but he rejected the accusation. It should be mentioned that soon after the arrest of the mercenaries in Malabo, President Obiang Nguema indicated that they would be judged in a “tribunal of international standing” and that they could be executed if found guilty. 107.Soon after the announcement of the coup d’état, the authorities of Zimbabwe, in turn, stated that they had impounded an aircraft in Harare airport with 67 men on board on the way to Equatorial Guinea. A total of 70 people were arrested and detained in Zimbabwe where they are currently undergoing questioning. Annex 46
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EX.CL/106 (V)Page 23 108.An AU delegation led by the Deputy Chairperson of the Commission proceeded to Malabo on 22 March to obtain first-hand information on the situation. While in Malabo, the delegation was received in audience by President Obiang Nguema and also held talks with other Equatorial Guinea leaders. The AU delegation also met Mr. Nick du Toit leader of the mercenaries in the presence of several Equatorial Guinea officials including the Foreign Minister, the Speaker of the National Assembly and Security Agents. At that meeting, Mr. du Toit was said to have admitted the accusations, expressed regret for his crime and pleaded for the clemency of the Equatorial Guinea authorities. 109.On 13 April 2004, I had a meeting in Addis Ababa with the Ambassadors of Equatorial Guinea and Zimbabwe, as well as Representatives of the Namibian and South African Embassies. Some nationals of these two countries were among those arrested in connection with the attempted coup d’état. At that meeting, I underscored the need for greater collaboration among Member States in order to eliminate the scourge of mercenarism which constitute a threat to stability in African States. 110.In this connection, the Commission intends to take the appropriate initiative to up-date the OAU Convention on Elimination of Mercenarism in Africa adopted in Libreville in July 1977, so as to take on board the developments that have since taken place in the Continent. This would be consistent with the African Common Defence and Security Policy which provides for a mechanism to periodically examine the continental instruments on peace and security. 111.Council may also wish to be informed that legislative and municipal elections were held in Equatorial Guinea on 25 April as scheduled. No particular incident was reported. However, one month later, specifically in the night of 28 – 29 May, a group of rebels attacked the military camp in Corisco Island. The Equatorial Guinea authorities later announced that five of the attackers were killed and five others arrested. They further stated that the situation in the Island of Corisco and in the rest of the country was under control, and that normalcy and calm had been restored. 112. I also wish to draw the attention of the Council to the dispute between Equatorial Guinea and Gabon over the Islets of M’Banié, Conga and Cocotiers. In the bid to arrive at a peaceful and satisfactory solution to the problem, the two parties requested in July 2003, on the sidelines of the Assembly of the Union held in Maputo, the mediation of the United Nations Secretary General who agreed to the request. Mr. Kofi Annan entrusted the matter to Mr. Yves Fortier who, on several occasions, held talks with the Gabonese and Equatorial Guinea delegations in both Geneva and New York. Mr. Fortier was received in audience on 7 – 8 June by President Obiang Nguema, and on 9 – 10 June by President El Hadj Omar Bongo Odimba. At the end of the talks, Mr. Fortier indicated that “the mediation was in progress and that solutions were in the offing”. Annex 46
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Volume III - Annexes 1-46