INTERNATIONAL COURT OF JUSTICE
LAND AND MARITIME DELIMITATION AND SOVEREIGNTY OVER ISLANDS (GABON/EQUATORIAL GUINEA)
MEMORIAL OF
THE REPUBLIC OF EQUATORIAL GUINEA
VOLUME VII
5 October 2021
NEGOTIATION & MEDIATION DOCUMENTS
Annex 197
Minutes Drawn up by the Gabonese-EquatoGuinean Delegation Following the Meeting in Libreville from March 25-29, 1971[2], Libreville (29 March 197[2])
Annex 198
Minutes of the Joint Gabon-Equatorial Guinea Commission’s Meeting in Libreville (25-29 March 1972)
Annex 199
Report Prepared by the Gabon-Equatorial Guinea Joint Commission After the Meeting in Libreville from March 25 to 29, 1972, Libreville (25-29 March 1972)
Annex 200
Conference of the Heads of State and Government of Central and East Africa, Dar es Salaam, 7-9 September 1972, Joint Communiqué on the Work of the Conference on Settlement of the Dispute Between Equatorial Guinea and Gabon, as recorded by the Embassy of the United States to the Republic of Zaire (18 September 1972)
Annex 201
Conference of the Heads of State and Government of Central and East Africa, Second Session, Final Communiqué Regarding the Dispute Between Equatorial Guinea and Gabon (13 November 1972)
Annex 202
Minutes from the Joint Gabon/Equatorial Guinea Grand Commission Meeting (July 26-30 1980)
Annex 203
Minutes of the Joint Commission on the Revision of the Petroleum Cooperation Agreement Between the Republic of Equatorial Guinea and The Gabonese Republic, Libreville (26 September 1981)
Annex 204
The Gabonese Republic, Spanish Minutes of the Ad Hoc Commission on the Revision of the Petroleum Cooperation Agreement between the Republic of Equatorial Guinea and The Gabonese Republic, Libreville (16 – 18 March 1982)
VOLUME VII
ANNEXES
Annex 205
Minutes of the Second Session of the Ad Hoc Commission on the Review of the Oil Cooperation Agreement Between the Republic of Equatorial Guinea and The Gabonese Republic, Malabo (10-13 September 1984)
Annex 206
The Delegation of the Republic of Equatorial Guinea, Opening Address to the Delegation of The Gabonese Republic During the First Meeting of the Gabonese - Equatoguinean Ad-Hoc Commission (4 November 1984)
Annex 207
Minutes of the Guinean-Gabonese Ad Hoc Commission on the Delimitation of the Maritime Boundary in Corisco Bay, Bata (10-16 November 1985)
Annex 208
Republic of Equatorial Guinea, French Minutes of the Gabon-Equatorial Guinea Ad Hoc Commission Responsible for the Delimitation of the Maritime Boundary in the Bay of Corisco Between the Republic of Gabon and the Republic of Equatorial Guinea, Bata (10 – 16 November 1985)
Annex 209
French Report of the Border Sub-Commission of the Ad-Hoc Border Commission Gabon-Equatorial Guinea (20 January 1993)
Annex 210
Report of the Border Subcommission of the Ad Hoc Commission on the Gabon-Equatorial Guinea Boundaries (20 January 1993)
Annex 211
Republic of Equatorial Guinea, Report of the Border Sub-Commission Following the Meetings of the Ad hoc Border Commission Gabon-Equatorial Guinea (20 January 1993)
Annex 212
The Gabonese Republic, Minutes of the Ad Hoc Border Committee, Libreville (31 January 2001) (excerpt)
Annex 213
Republic of Equatorial Guinea, Minutes of the Ad-hoc Commission on Equatorial Guinea-Gabon Borders, Malabo (23 May 2003)
VERSIONS OF THE DOCUMENT PRESENTED BY GABON IN 2003 & EQUATORIAL GUINEA’S OBJECTIONS
Annex 214
The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (Retyped French-language version, as published in the UNTS Vol.2248)
Annex 215
The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (French-language photocopy)
Annex 216
The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (Retyped Spanish-language version, as published in the UNTS)
Annex 217
The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (Spanish-language photocopy)
Annex 218
Republic of Equatorial Guinea, Objection to the Authenticity of the Convention Before the United Nations, on the “Convention Demarcating the Land and Maritime Frontiers of Equatorial Guinea and Gabon, Bata, 12 September 1974” (18 March 2004)
Annex 219
Republic of Equatorial Guinea, Second Objection Before the United Nations, on the “Convention Demarcating the Land and Maritime Frontiers of Equatorial Guinea and Gabon, Bata, 12 September 1974” (7 April 2004)
ACADEMIC ARTICLES & PRESS RELEASES
Annex 220
Royal Geographical Society, “Legislation and provisions of the Central Administration”, Magazine of Colonial and Mercantile Geography, Spain (1906)
Annex 221
L. Martín y Peinador, “Geographical Studies: Morocco and Spanish Places, Algeria, Tunisia and Tripoli, Sahara and Spanish Sahara, Spanish Mainland and Island Guinea, Moroccan Problem” (1908) (excerpt)
Annex 222
D. Saavedra y Magdalena, Spain in West Africa (Rio de Oro and Guinea) (1910)
Annex 223
L. Ramos-Izquierdo y Vivar, Geographical Desc ription and Government, Administration and Colonization of the Spanish Colonies of the Gulf of Guinea (1912)
Annex 224
A. Balfour et. al, Further Report on Tuberculosis and Sleeping-Sickness in Equatorial Africa, League of Nations Health Organization (April 1925)
Annex 225
Spanish Territories of the Gulf of Guinea, Official Gazette of the Gulf of Guinea Territories (15 March 1948)
Annex 226
F.F. Olesa Munido, “Criminal Law Applicable to Indigenous People in the Spanish Territories of the Gulf of Guinea”, Institute of African Studies, Superior Council of Scientific Research, Madrid (1953)
Annex 227
H. D. Hedberg, “Summary of Wildcat Drilling in 1959” Petroleum Developments in Africa (1959)
Annex 228
“Gabon-Equatorial Guinea: Next Meeting on 30 September,” Fraternité Matin: Le Grand Quotidien IvoirienNews (20 September 1972)
Annex 229
News Article, “Dateline Africa: Gabon Frontier Dispute Settled,” West Africa (29 September 1972)
Annex 230
A. Oye Cukwurah, “The Organization of African Unity and African Territorial and Boundary Problems: 1963-1973”, 13 The Indian Journal of International Law (1973)
Annex 231
M. DeLancey, “Historical Dictionary of the Republic of Cameroon,” 3rd. Ed., African Historical Dictionaries No. 81 (2000)
Annex 232
“Gabon/Guinée Équatoriale: Frontières: Litiges Bientôt Réglés” La Lettre Afrique Expansion (12 February 2001)
Annex 233
E.M. Yolla, Foreign Policy of Gabon, Etudes Africaines (2003)
Annex 234
“Neighbours to Explore Jointly for Oil in Disputed Waters”, The New Humanitarian (7 July 2004)
Annex 235
J. Geslin, “The Island of Contention”, Jeune Afrique (7 March 2006)
Annex 236
G. Nerin, Spain’s Last Forest Cannibals, Missionaries, and Civil Guards Account of the Conquest of the Fang in Spanish Guinea 1914-1930 (2010) (excerpt)
Annex 237
News Article, “Ali Bongo in Equatorial Guinea for Bridge Inauguration”, Bongo Must Go (4 August 2011)
Annex 238
News Article, “Inauguration of Two Bridges”, Office of Press and Information of the Republic of Equatorial Guinea (6 August 2011)
Annex 239
News Article, “Inauguration of the Friendship Bridges Between Gabon and Equatorial Guinea”, La Lettre d’Information, Official Bulletin of the Presidency of the Gabonese Republic No. 3 (August 2011)
Annex 240
News Article, Ali Bongo Ondimba: “Not Everyone Has Understood that Gabon has Changed”, Jeune Afrique (6 September 2011)
Annex 241
G. Nesi, “Uti Possidetis Doctrine” Max Planck Encyclopedia of International Law (February 2018)
Annex 242
J.C. Guerra Velasco, “Forest Science, Technical Practices, Timber Policy and Colonial Context in Equatorial Guinea (1929-1968),” Scripta Nova, Vol. XXIII. No. 613 (1 May 2019) (excerpt)
Annex 243
A. Zimmermann & J. Devaney, “State Succession in Treaties” Max Planck Encyclopedia of Public International Law (last updated July 2019)
Annex 244
“Gabon” CIA World Factbook, Central Intelligence Agency available at www.cia.gov/the-world-factbook/countries/gabon/ (9 September 2021) (excerpt)
Annex 197
Minutes Drawn up by the Gabonese-EquatoGuinean Delegation Following the Meeting in Libreville from March 25-29, 1971[2], Libreville (29 March 197[2])
TRANSLATION MINUTES DRAWN UP BY THE GABONESE-EQUATOGUINEAN DELEGATION FOLLOWING THE MEETING IN LIBREVILLE FROM MARCH 25-29, 1971. At the invitation of the President of the Gabonese Republic, the Equatoguinean and Gabonese Delegations met in Libreville from March 25-29, 1972, to delimit the two Countries’ maritime boundaries. The Delegations were comprised as follows: FOR THE REPUBLIC OF EQUATORIAL GUINEA: His Excellency Angel MASIE NTUTUMU, Minister of the Interior, Chairman of the delegation. His Excellency Jesús Alfonso Oyono, Minister of Public Works, Housing and Transportation. Mr. Bonifacio NGUEMA ESONO, Secretary General of Foreign Affairs. His Excellency Clemente ATEBA NSOH, Ambassador of Equatorial Guinea in Gabon. Mr. Federico MESA BILL, Director General of the Office of the President of the Republic of Equatorial Guinea. Mr. Agustin EDJANG OBAMA, First Secretary of the Embassy of Equatorial Guinea in Gabon. FOR THE GABONESE DELEGATION: Messrs. Francis NGUEMA NDONG, Minister of State, Chairman of the delegation. Jean-Baptiste OBIANG EKOMIE, Deputy Chairman of the delegation. Benjamin NDUBOU, Minister of Civil Service and Administrative Reform. León N’DONG, Secretary General of Foreign Affairs. Alexis OBAME, Head of Political and African Affairs for the Ministry of Foreign Affairs. Etienne MBOUMBA-MOUNDOUNGA, Director of General Administration for the Ministry of the Interior. George BAKALE, Director of Agricultural Services. Lieutenant Colonel NZONG, Deputy Commander of the National Gendarmerie. DAMAS Claude, Director of the Libreville Port. ONETO Jean, Legal Advisor to the Government. FANGUNOVENY Pierre, Roving Ambassador CABROL, Technical Advisor to the Office of the President of the Republic. MOREL, Technical Advisor to the Ministry of Mines. EG 0581_T WATER STREET TRANSLATIONS Annex 197
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TRANSLATION - 2 - BOUFANT León, Head of the Maritime and River Service; and MAROLLES Jean, Advisor to the Office of the President. I.- REFERENCE DOCUMENTS Both Delegations have taken note of the following documents’ existence: - Convention between France and Spain on the delimitation of the two Countries’ possessions in West Africa on the coasts of the Sahara and the Gulf of Guinea, signed in Paris on June 27, 1900. - 1958 Geneva Convention on the Continental Shelf. - 1958 Geneva Convention on the Territorial Sea and the Contiguous Zone. - Protocol of application, in accordance with the International Maritime Signage Organization, for maritime signage in Corisco Bay and the Muni River, signed in Cogo on June 23, 1962, between the Spanish Authorities and the Gabonese Services Authorities. - Maritime charts. II.- POINTS OF AGREEMENT 2-1.- Both Delegations have reaffirmed the validity of the Paris Convention (1900), which they adopt as a base document for delimitation of the maritime boundaries. 2-1.- The Convention on the Continental Shelf and the Convention on the Territorial Sea and the Contiguous Zone have not been ratified by Equatorial Guinea or by Gabon. Therefore, they may only be referred to strictly for informational purposes insofar as any of their provisions may provide an equitable solution to our specific problem. In any event, under no circumstance may it (sic) bind either party. III.- PROPOSAL OF EQUATORIAL GUINEA 3-1.- Equatorial Guinea’s proposal arises from the application of Decree Number 17/1970 of September 24, enacted by the President of the Republic of Equatorial Guinea, which establishes the limits of the territorial waters in Corisco Bay’s zone of influence and of the adjacent islands to the South of the Rio Muni province. Article 1.- The limits of the territorial waters of the adjacent islands and the islets located within Corisco Bay, to the South of the Rio Muni province, are determined as follows: a) Regarding the Elobey islands and the islets of Mbañe, Conga, and Cocotier, which are closer to Gabon’s coast, the limit of the territorial waters has been established at a hypothetical equidistant point from Gabon’s coast and from the islands and islets in question. b) The area located between the Elobey islands and the islets of Mbañe, Conga, and Cocotier and the island of Corisco is thus fixed, EG 0582_T WATER STREET TRANSLATIONS Annex 197
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TRANSLATION - 3 - since these islands and islets all belong to the same national territory. c) The territorial waters of the island of Corisco extend to 12 miles seaward from the coast. 3-2.- This proposal is in accordance with the principle of equidistance promulgated by the Geneva Convention on the Territorial Sea (1958). 3-3.- The Equatoguinean Delegation affirms that it considers the islands of Corisco-Elobey Grande-Elobey Chico, Leva, Hoco, Mbañe, Cocotier and Conga as an integral part of the territory of Equatorial Guinea. IV.- PROPOSAL OF THE GABONESE DELEGATION 4-1.- The Gabonese Delegation’s proposal arises from the application of Order Nos. 1/72 PR and 5/1/72, which has expanded the limit of Gabon’s territorial waters to 30 nautical miles. The maritime boundary between Equatorial Guinea and Gabon shall begin at the intersection point between the Muni River thalweg and a straight line drawn from the tip of Cocobeach to the tip of Dieke, pursuant to the Paris Convention. It shall continue westward, following the parallel passing through the point defined above. A strip shall be reserved around the islands of Corisco, Elobey Chico and Elobey Grande, ceded to Spain under the Paris Treaty, measuring three nautical miles from their coasts, constituting the territorial sea under Equatoguinean jurisdiction, except with respect to its Southeast boundary, which shall be established by a broken line located equidistant from its coasts and from the closest Gabonese coast; i.e.: 1.- For Elobey island, a line defined by the following coordinates: Point I: X = 561.900. Point II: Y = 112.700. Point LI: X = 560.600. Y = 107.850. Point III: X = 557.500. Y = 104.700. Point IV: X = 553.100. Y = 101.900. Point V: Intersection between the territorial waters line and the parallel Y = 112.700. 1.- For the island of Corisco: Point VI: X = 545.800. Y = 97.250. Point VII: X = 540.400. Y = 94.100. Point VIII: X = 534.400. Y = 91.000. 4-3.- Delimitation must be carried out via agreement, in accordance with equitable principles and must take into account all relevant circumstances in order to attribute to each party, to the fullest extent possible, the totality of the waters of the continental shelf under the sea and not mount on the natural extension of the other’s territory. EG 0583_T WATER STREET TRANSLATIONS Annex 197
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TRANSLATION V.- THE EQUATOGUINEAN DELEGATION’S OBJECTIONS TO GABON’S PROPOSAL AND ARGUMENTS 5-1.- The Republic of Equatorial Guinea does not agree with the Gabonese Delegation’s proposal for the following reasons: 5-2.- Equatorial Guinea’s sovereignty over the islands in question dates back to 1900, pursuant to the Treaty of Paris of June 27, 1900. Since then, France has recognized Spain’s sovereignty over the islands in question until Gabon became an independent state. This sovereignty has also been recognized by the Gabonese State itself from 1960, when it gained independence, until 1970, when the initial disagreements concerning this problem arose. 5-3.- The equidistance system is the most reasonable and the fairest. 5-4.- Equatorial Guinea’s sovereignty over the islands in question dates back to 1900 and access to these islands cannot be subjected to a simple right of way, as the Gabonese Delegation proposes. 5-5.- Each of the islands—Corisco, Elobey Grande, Elobey Chico, Mbañe, Cocotier, Leva, Hoco and Conga, which are under the sovereignty of the Republic of Equatorial Guinea—has its own territorial waters. VI.- THE GABONESE DELEGATION’S OBJECTIONS TO EQUATORIAL GUINEA’S PROPOSAL AND ARGUMENTS 6-1.- The Gabonese Delegation disputes Equatoguinean sovereignty over any islands other than those explicitly referenced in Article 7 of the Treaty of Paris, and claims Gabon’s rights to all other islands—with the exception of Corisco and the Elobeys—located on the undersea area constituting the natural extension of its territory. 6-2.- An examination of the “isobaths” of Corisco Bay shows that all islands in this bay are located on the shelf comprising the natural extension of Gabonese territory. 6-3.- An examination of the geological structures further shows that all of the Equatoguinean territory is part of the ancient “African plateau” shelf, which is, again, on most of the African continent, (granite, stone), whereas the islands in Corisco Bay are part of the sedimentary formation whose Northearn boundary passes through Lambarené and Cocobeach. This rightly confirms that all of these islands comprise the natural extension of the Gabonese continent. 6-4.- Legally speaking, absent any specific agreement, Gabon could have claimed ownership of all of the islands in Corisco Bay, pursuant to the statements in paragraphs 6-2 and 6-3 cited above. Despite the rights under the Treaty of Paris, Gabon waives any claim to the islands of Corisco and the Elobeys but considers that all other islands not specified shall be returned to it by right, except where otherwise indicated by a convention or any other official act recognized as valid. 6-5.- We are dealing with islands located on the continental shelf (geographically and physically), comprising the natural extension of Gabonese territory located under the EG 0584_T WATER STREET TRANSLATIONS Annex 197
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TRANSLATION - 5 - jurisdiction of the other State and with no natural connection to the continental territory of such State. 6-6.- Moreover, an island may not be entitled to rights over the continental shelf to the same extent as continental territory is. In this case, the coastal line’s irregularity and the presence of the Equatoguinean islands unreasonably deform the boundary line. It also fails to take into account the general direction of the coastline or the desirable ratio between the length of the coasts and the area of the portions of territory touching Corisco Bay on the one hand, and the area of territorial seas granted to each territory. An exaggeration at such a level caused by a natural geographic feature must be offset or corrected as much as possible because it gives rise to unfairness. 6-7.- Based on the foregoing reasons, the Gabonese Delegation finds that these are special geographic circumstances and... (see omission) and that, consequently, it would be inequitable to exclusively apply the equidistance principle in establishing both States’ maritime boundaries. VII.- PLACEMENT OF MARITIME BEACONS 7-1.- As in the past, at Equatorial Guinea’s express request and pursuant to the Cogo Protocol (1962), the Gabonese technical services are willing to continue to collaborate with their Equatoguinean counterparts to implement and maintain the beacons and maritime signage in the Muni River. VIII.- RECOMMENDATIONS 8-1.- Over the course of the discussions, the two Governments’ reciprocal interests have been considered, along with historical reasons, ethnic affinity, the relations of good neighborliness existing between the two countries, and the need for eminent cooperation in the future. The discussions have also taken into account the various provisions used in the peaceful settlement of maritime boundary delimitation disputes. 8-2.- The Delegations find it desirable to fulfill the following objectives: a) A commission of experts from both Countries shall draft the technical and legal reports that will serve as a guide in delimiting the maritime boundaries between both States. b) Upon conclusion of the reports and their approval by both Heads of State, the immediate delimitation of maritime waters must proceed by reaching an agreement between both States to definitively support the delimitation of maritime waters. EG 0585_T WATER STREET TRANSLATIONS Annex 197
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TRANSLATION - 6 - c) In the meantime, no unilateral action may be taken in the disputed zone without express consent from the other party. 8-3.- The significance of the case examined and the mutual desire to reach an equitable and definitive solution have prompted both Delegations to plan another meeting in Equatorial Guinea at a date to be set by mutual agreement and upon approval from their Heads of State. Done in Libreville, on March 29, 1972 CHAIRMAN OF THE DELEGATION OF THE REPUBLIC OF EQUATORIAL GUINEA Minister of the Interior Angel Masié Ntútumu CHAIRMAN OF THE DELEGATION OF THE GABONESE REPUBLIC Minister of State Responsible for Agriculture, Livestock and Scientific Research. Francois Ndong. EG 0586_T WATER STREET TRANSLATIONS Annex 197
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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 09/08/21 Date Annex 197
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Annex 198
Minutes of the Joint Gabon-Equatorial Guinea Commission’s Meeting in Libreville (25-29 March 1972)
TRANSLATION MINUTES DRAWN UP BY THE GABON-EQUATORIAL GUINEA JOINT COMMISSION AFTER THE MEETING IN LIBREVILLE FROM MARCH 25 TO 29, 1972 0=-=-=-=-=-=-=-=-=-=-=-=-0 At the President of the Gabonese Republic’s invitation, the Equatorial Guinean and Gabonese Delegations met in Libreville from March 25 to 29, 1972, to delimit the maritime borders between the two countries. The Commission consisted of the following: For the Republic of Equatorial Guinea: His Excellency Angel Masie Ntutufu, Minister of the Interior, Delegation Chair, His Excellency Alphonse Gyono, Minister of Public Works, Bonifacio Nguema Esono, Secretary General of Foreign Affairs, His Excellency Clémente Ateba Nsoh, Ambassador of Equatorial Guinea to Gabon, Federico Mesa Bil, Director General of the Presidency of the Republic, Agustin Cojang Obama, First Secretary of Equatoguinean Embassy in Gabon For the Gabonese Republic: François Nguema Ndong, Minister of State, Delegation Chair Jean-Baptiste Obiang Ekomie, Deputy Delegation Chair Léon N’Dong, Secretary General of Foreign Affairs Alexis Obame, Head of Political and African Affairs to the Ministry of Foreign Affairs Etienne Masurba-Ngunoguenga, Director of the General Administration to the Ministry of the Interior, Georges Sekale, Director of Agricultural Services, Lieutenant Colonel Nzong, Adjunct to the Senior Commander of the National Gendarmerie Claude Damas, Director of the Port of Libreville Jean Saeto, Government Legal Counsel SPA 2238_T WATER STREET TRANSLATIONS Annex 198
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TRANSLATION –1 – (bis)Pierre Fanguinoveny, Ambassador-at-Large Mr. Cabrol, Technical Adviser to the President of the Republic, Mr. Morel, Technical Adviser to the Ministry of Mines, Mr. Leon Bouffant, Head of the Maritime Service, andMr. Jean Marolles, Advisor to the President --:-:-:-:-:-:-:-:-:-:-:-: SPA 2239_T WATER STREET TRANSLATIONS Annex 198
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TRANSLATION – 1 – (ter) I – REFERENCE DOCUMENTS ([illegible]) The two Delegations acknowledged the existence of the following documents: - Convention between France and Spain on the delimitation of the two countries’ possessions in Western Africa, on the coasts of the Sahara and the Gulf of Guinea, signed in Paris on June 27, 1900. - 1958 Geneva Convention on the Continental Shelf - 1958 Geneva Convention on the Territorial Sea and Contiguous Zone. - Implementing Protocol, according to the International Maritime Signage Organization for signals and buoys in Corisco Bay and the Muni River, signed in Cogo on June 23, 1962, between the Spanish Authorities and the Gabonese Services Authorities. - Maritime maps. II – POINTS OF AGREEMENT 2-1. The two Delegations confirmed the validity of the Paris Convention (1900) that they state that they adopted as a base document for delimitation of maritime boundaries. 2-2. Convention on the Continental Shelf and the Convention on the Territorial Sea and the Contiguous Zone have not been ratified by Equatorial Guinea or by Gabon. Thus, they can only be used as a reference for purely informational purposes insofar as any of their provisions may provide an equitable solution to our specific problem. In any event, they cannot under any circumstances be binding upon either of the parties. SPA 2240_T WATER STREET TRANSLATIONS Annex 198
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TRANSLATION – 2 – III – PROPOSAL BY EQUATORIAL GUINEA 3-1. The proposal by Equatorial Guinea arises from application of Decree No. 17/1970 of September 24, 1970, enacted by the President of the Republic of Equatorial Guinea, establishing the limits of the territorial waters in Corisco Bay’s zone of influence of and the adjacent islands to the south of the Rio Muni province. Article 1: The limits of the territorial waters of the adjacent islands and islets located in Corisco Bay, to the south of the Rio Muni province, are determined as follows: a) With regard to the Elobey islands and the Bane, Conga and Cocotier islets, located nearest to the Gabon coast, the limit of the territorial waters was established at a hypothetical point equidistant from the Gabon coast and the islands and islets in question. b) The zone located between the Elobey islands and the Bane, Conga and Cocotier islets and Corisco Island is thus fixed, given that these islands and islets all belong to the same national territory. c) The territorial waters of Corisco island extend to 12 miles seaward from the coast. 3-2. This proposal is in accordance with the principle of equidistance established by the Geneva Convention on the Territorial Sea (1958). 3-3. The Equatoguinean Delegation confirms that it considers the Corisco, Elobey Grande, Elobey Chico, Leva, Hoco, Bâne, Cocotier and Conga islands as being an integral part of the territory of Equatorial Guinea. SPA 2241_T WATER STREET TRANSLATIONS Annex 198
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TRANSLATION – 3 – IV – PROPOSAL OF THE GABONESE DELEGATION 4-1. The Gabonese delegation’s proposal arises from the application of Order No. 1/72-PR [dated] January 5, 1972, which expanded the limit of Gabon’s territorial waters at 30 nautical miles. The maritime boundary between Equatorial Guinea and Gabon would begin at the intersection point between the Muni River thalweg and a straight line drawn from Cocobeach Point to Dieke Point, pursuant to the Paris convention. It would then continue westward along the parallel, passing through the point defined above. A band would be reserved around the Corisco, Elobey Chico and Elobey Grande islands, ceded to Spain under the Paris Treaty, measuring three nautical miles from their coasts constituting the territorial sea, under Equatorial Guinean jurisdiction, except with regard to their southeast boundary, which would be delimited by a broken line located equidistant from their coast to the nearest Gabonese coast, as follows: 1. For Elobey island, a line defined by the following coordinates: Point I: X = 561.900 Point II: Y = 112.700 Point III Point III: X = 560.600 Y = 107.850 Point III: X = 557.500 Y = 104.700 Point IV: X = 553.100 Y = 101.900 Point V: Intersection between the territorial waters line and the parallel Y = 112.700 2. For Corisco island, a line defined by the following coordinates: Point VI: X = 545.800 Y = 97.250 SPA 2242_T WATER STREET TRANSLATIONS Annex 198
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TRANSLATION – 4 – Point VII: X = 540.400 Y = 94.100 Point VIII: X = 534.400 Y = 91.000 4-3. The delimitation must be made by an agreement according to equitable principles, taking into account all pertinent circumstances, so as to attribute to each party to the greatest extent possible all of the underwater continental shelf zones without impinging upon the natural extension of the other’s territory. V –THE EQUATOGUINEAN DELEGATION’S OBJECTIONS TO GABON’S PROPOSAL AND ARGUMENT 5-1. The Republic of Equatorial Guinea does not agree with the Gabonese delegation’s proposal for the following reasons: 5-2. Equatorial Guinea sovereignty over the islands in question dates back to 1900, pursuant to the Treaty of Paris of June 27, 1900. Since then, France has recognized Spain’s sovereignty over the islands in question until Gabon became an independent state. This sovereignty was also recognized by the Gabonese State itself since 1960, when it gained independence, until 1970 when the first disagreements on this issue arose. 5-3. The equidistance approach is the most reasonable and fairest. 5-4. Equatorial Guinea’s sovereignty over the islands in question dates back to 1900; today it cannot subject access to these islands to a simple right of way as claimed by the Gabonese delegation’s proposal. 5-5. Each of the islands—Corisco, Elobey Grande, Elobey Chico, M’Baña, Cocotier, Leva, Hoco and Conga, which are under the sovereignty of the Republic of Equatorial Guinea—has its own internal waters. SPA 2243_T WATER STREET TRANSLATIONS Annex 198
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TRANSLATION – 5 – VI – THE GABONESE DELEGATION’S OBJECTIONS TO EQUATORIAL GUINEA’S PROPOSAL AND ARGUMENT 6-1. The Gabonese delegation disputes Equatorial Guinea’s sovereignty over islands other than those expressly indicated in Article 7 of the Treaty of Paris, and claims Gabon’s rights to all islands other than Corisco and Elobey located in the underwater zone constituting the natural extension of its territory. 6-2. An examination of the isobaths of Corisco Bay shows that all of the islands in this bay are located on the bedrock constituting the natural extension of the Gabonese territory. 6-3. An examination of the geological structures further shows that all of the Equatoguinean territory is part of the very ancient bedrock of the “African Shield” found on most of the African continent (granite, sandstone), whereas the Corisco Bay islands are part of the sedimentary formation whose northeast boundary goes through Lambaréné and Cocobeach. This indeed confirms that all of these islands constitute the natural extension of the Gabonese continent. 6-4. Legally speaking, in the absence of any specific agreement, Gabon would have been able to claim ownership of all of the Corisco Bay islands, pursuant to the statements in paragraphs 6-2 and 6-3 above. Despite the Treaty of Paris, Gabon waives all claims to the Corisco and Elobey islands but believes that it is legally entitled to all of the other islands not mentioned, unless otherwise justified by an agreement or any other official act recognized as valid. 6-5. We are faced with islands located on the continental shelf (in the geographical and physical sense) constituting the natural extension of the Gabonese territory, placed under the jurisdiction of another State with no natural connection to the continental territory of said State. 6-6. Furthermore, an island cannot be entitled to rights to the continental shelf, to the same extent as the continent. In the case at hand, the irregularity of the coastline and the presence of Equatorial Guinean islands distorts the boundary in an unreasonable manner. It does not take into account the general orientation of the coastline or the desired ratio between the length of the coasts and the area of the territories adjacent to Corisco Bay, on the one hand, and the area of territorial sea allocated to each territory, on the other hand. An exaggeration of this importance due to a natural geographic feature must be compensated or shared insofar as possible because it creates inequity. 6-7. For all of these reasons, the Gabonese delegation believes that they are facing “special, pertinent circumstances of a geographical nature and... SPA 2244_T WATER STREET TRANSLATIONS Annex 198
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TRANSLATION – 6 – (even a painful mistake) and that, as a result, it would be unfair to exclusively apply the principle of equidistance to establish the maritime boundaries of these two countries. VII – MARITIME SIGNALING 7-1. The Gabonese technical departments are willing to continue cooperating, as in the past, at Equatorial Guinea’s express request and pursuant to the Kogo Protocol (1962), with their Equatorial Guinean counterparts for installing and maintaining signals and buoys in the Muni River. VIII – 8-1. The discussions took into account the mutual interests of both governments and the historical reasons, ethnic affinity, and the good neighbor relationship existing between both countries and the need for imminent cooperation in the future. The discussions also took into account the various rules used in peaceful settlement of maritime boundary delimitation disputes. 8-2. The delegations consider the following objectives to be desirable: a) that a commission of International Experts of both countries draft the technical and legal documents to be used as a guideline for delimiting the maritime boundaries between the two States. b) once an agreement is reached and approved by both Heads of State, immediately delimit the maritime waters by entering into an agreement between the two States to definitively give credence to the delimitation of maritime borders. c) in the meantime, no unilateral action should be taken in the disputed zone without the express consent of the other party. 8-3. If necessary for clarification purposes, a third meeting may be scheduled in Equatorial Guinea or Gabon, as proposed by the two Heads of State. Done in Libreville on March 29, 1972 THE PRESIDENT OF THE DELEGATION OF THE REPUBLIC OF EQUATORIAL GUINEA Minister of the Interior Angel Masie Ntutufu THE PRESIDENT OF THE DELEGATION OF THE GABONESE REPUBLIC Minister of State in Charge of Agriculture, Livestock and Scientific Research François Nguema Ndong SPA 2245_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 preparedbyKaren Brovey,alinguist with substantialexperience in the translation of documents fromFrenchinto English ascertified 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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Report Prepared by the Gabon-Equatorial Guinea Joint Commission After the Meeting in Libreville from March 25 to 29, 1972, Libreville (25-29 March 1972)
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TRANSLATION SPA 2238_T WATER STREET TRANSLATIONS REPORT PREPARED BY THE GABON-EQUATORIAL GUINEA JOINT COMMISSION AFTER THE MEETING IN LIBREVILLE FROM MARCH 25 TO 29, 1972 0=-=-=-=-=-=-=-=-=-=-=-=-0 At the invitation of the President of the Gabonese Republic, the Equatorial Guinean and Gabonese Delegations met in Libreville from March 25 to 29, 1972, in order to delimit the maritime borders between the two countries. The Commission consisted of the following: For the Republic of Equatorial Guinea: His Excellency Angel Masie Ntutufu, Minister of the Interior, Head of the Delegation, His Excellency Alphonse Gyono, Minister of Public Works, Bonifacio Nguema Esono, Secretary General of Foreign Affairs, His Excellency Clémente Ateba Nsoh, Ambassador of Equatorial Guinea to Gabon, Federico Mesa Bil, Director General to the President of the Republic, Agustin Cojang Obama, First Secretary of the Equatorial Guinean Embassy in Gabon For the Gabonese Republic: François Nguema Ndong, Minister of State, Head of the Delegation Jean-Baptiste Obiang Ekomie, Deputy Head of the Delegation Léon N’Dong, Secretary General of Foreign Affairs Alexis Obame, Head of Political and African Affairs to the Ministry of Foreign Affairs Etienne Masurba-Ngunoguenga, Director of the General Administration to the Ministry of the Interior, Georges Sekale, Director of Agricultural Services, Lieutenant Colonel Nzong, Adjunct to the Senior Commander of the National Gendarmerie Claude Damas, Director of the Port of Libreville Jean Saeto, Government Legal Counsel
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TRANSLATION SPA 2239_T WATER STREET TRANSLATIONS – 1 – (bis) Pierre Fanguinoveny, Ambassador-at-Large Mr. Cabrol, Technical Adviser to the President of the Republic, Mr. Morel, Technical Adviser to the Ministry of Mines, Mr. Léon Bouffant, Head of the Maritime Service, and Mr. Jean Marolles, Advisor to the President --:-:-:-:-:-:-:-:-:-:-:-:
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TRANSLATION SPA 2240_T WATER STREET TRANSLATIONS – 1 – (ter) I – REFERENCE DOCUMENTS ([illegible]) The two Delegations acknowledged the existence of the following documents: - Convention between France and Spain for delimitation of the possessions of the two countries in Western Africa, on the Sahara Coast and the Gulf of Guinea Coast, signed in Paris on June 27, 1900. - Continental Shelf Convention issued in Geneva in 1958. - Convention on the Territorial Sea and Contiguous Zone issued in Geneva in 1958. - Implementing Protocol, according to the International Maritime Organization for signals and buoys in Corisco Bay and the Muni River, signed on June 23, 1962, between the Spanish Authorities and the Authorities of Gabonese services in Cogo. - Maritime maps. II – POINTS OF AGREEMENT 2-1. The two Delegations confirmed the validity of the Paris Convention (1900) that they state that they adopted as the basic document for delimitation of maritime borders. 2-2. The Continental Shelf Convention and the Convention on the Territorial Sea and Contiguous Zone were never ratified either by Equatorial Guinea or Gabon. Thus, they can only be used as a reference for purely informational purposes insofar as some provisions thereof are likely to provide an equitable solution to our particular problem. In any event, they cannot under any circumstances be binding upon either of the parties.
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TRANSLATION SPA 2241_T WATER STREET TRANSLATIONS – 2 – III – PROPOSAL BY EQUATORIAL GUINEA 3-1. The proposal by Equatorial Guinea is derived from application of Decree no. 17/1970 dated September 24, 1970, enacted by the President of the Republic of Equatorial Guinea, establishing the boundaries of territorial waters of the zone of influence of Corisco Bay and the adjacent islands in southern Rio Muni province. Article 1: The boundaries of territorial waters of the islands and adjacent islets located in Corisco Bay in southern Rio Muni province are determined as follows: a) With regard to the Elobey islands and the Bane, Conga and Cocotier islets located nearest to the Gabon coast, the boundary of territorial waters was established at a hypothetical point equidistance from the Gabon coast and the islands and islets in question. b) The zone located between the Elobey islands and the Bane, Conga and Cocotier islets and Corisco island is thus determined, given that these islands and islets all belong to the same national territory. c) The scope of the territorial waters of Corisco island is 12 miles from the coast to open seas. 3-2. This proposal complies with the principle of equidistance established by the Geneva Convention on the Territorial Sea (1958). 3-3. the Equatorial Guinean Delegation confirms that it considers the Corisco, Elobey Grande, Elobey Chico, Leva, Hoco, Bâne, Cocotier and Conga islands as being an integral part of the territory of Equatorial Guinea.
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TRANSLATION SPA 2242_T WATER STREET TRANSLATIONS –3 –IV – PROPOSAL OF THE GABONESE DELEGATION 4-1. The proposal of the Gabonese delegation is derived from application of order 1/72-PR [dated] January 5, 1972, which established the boundary of Gabon’s territorial waters at 30 nautical miles. The maritime boundary between Equatorial Guinea and Gabon would begin at the Thalweg intersection point of the Muni river with the straight line drawn from Cocobeach Point to Dieke Point, according to the Paris convention. It would then extend to the west along the parallel, passing through the point defined above. A band of 3 nautical miles would be reserved around the Corisco, Elobey Chico and Elobey Grande islands, conceded to Spain by the Paris Treaty, from their coasts constituting the territorial sea, under Equatorial Guinean jurisdiction, except with regard to their southeast border, which would be delimited by a broken line located at an equal distance from their coast to the nearest Gabonese coast, as follows: 1.For Elobey island, a line defined by the following coordinates:Point I: X = 561.900 Point II: Y = 112.700 Point III Point III: X = 560.600 Y = 107.850 Point III: X = 557.500 Y = 104.700 Point IV: X = 553.100 Y = 101.900 Point V: Intersection of the line of the territorial waters with the parallel Y = 112.700 2.For Corisco island, a line defined by the following coordinates:Point VI: X = 545.800 Y = 97.250
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TRANSLATION SPA 2243_T WATER STREET TRANSLATIONS – 4 – Point VII: X = 540.400 Y = 94.100 Point VIII: X = 534.400 Y = 91.000 4-3. The delimitation must be made by an agreement according to equitable principles, taking into account all pertinent circumstances, so as to attribute to each party to the greatest extent possible all of the underwater continental shelf zones without impinging upon the natural extent of the territory of the other. V – OBJECTIONS OF THE EQUATORIAL GUINEAN DELEGATION TO THE GABONESE PROPOSAL AND ARGUMENT 5-1. The Republic of Equatorial Guinea does not agree with the proposal of the Gabonese delegation for the following reasons: 5-2. The sovereignty of Equatorial Guinea to the islands in question dates back to 1900, according to the Paris Convention of June 27, 1900. This sovereignty has been recognized since then for Spain by France until Gabon becomes an independent state. This sovereignty was also recognized by the Gabonese State itself since 1960, the date of its accession to independence, until 1970 when the first discussions were held regarding this issue. 5-3. The system of equidistance as the most reasonable and fairest. 5-4. The sovereignty of Equatorial Guinea to the islands in question dates back to 1900; today it cannot subject access to these islands to a simple right of way as claimed by the proposal of the Gabonese delegation. 5-5. Each of the islands—Corisco, Elobey Grande, Elobey Chico, M’Baña, Cocotier, Leva, Hoco and Conga—under the sovereignty of the Republic of Equatorial Guinea, has its own internal waters.
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TRANSLATION SPA 2244_T WATER STREET TRANSLATIONS – 5 – VI – OBJECTIONS OF THE GABONESE DELEGATION TO THE EQUATORIAL GUINEAN PROPOSAL AND ARGUMENT 6-1. The Gabonese delegation disputes the Equatorial Guinean sovereignty over islands other than those expressly indicated in article 7 of the Paris Convention, and claims Gabon’s rights to all islands other than Corisco and Elobey located in the underwater zone constituting the natural extension of its territory. 6-2. An examination of the isobaths of Corisco Bay shows that all of the islands in this bay are located on the bedrock constituting the natural extension of the Gabonese territory. 6-3. An examination of the geological structures further shows that all of the Equatorial Guinean territory is part of the very ancient bedrock of the “African Shield” found in most of the African continent (granite, sandstone), whereas the Corisco Bay islands are part of the sedimentary formation of which the northeast boundary goes through Lambaréné and Cocobeach, which indeed confirms that all of these islands constitute the natural extension of the Gabonese continent. 6-4. Legally, in the absence of any specific agreement, Gabon would have been legally able to claim ownership of all of the Corisco Bay islands, by virtue of the provisions of paragraphs 6-2 and 6-3 above. Despite the Paris Convention, Gabon waives all claims to the Corisco and Elobey islands but believes that it is legally entitled to all of the other islands not mentioned, unless otherwise justified by an agreement or any other official act recognized as valid. 6-5. We are faced with islands located on the continental shelf (in the geographical and physical sense) constituting the natural extension of the Gabonese territory, placed under the jurisdiction of another State with no natural connection to the continental territory of said State. 6-6. Furthermore, an island cannot be entitled to rights to the continental shelf, to the same extent as the continent. In the case at hand, the irregularity of the coastline and the presence of Equatorial Guinean islands distorts the boundary in an unreasonable manner and does not take into account the general orientation of the coastline or the desired ratio between the length of the coasts and the area of the territories adjacent to Corisco Bay, on the one hand, and the area of territorial sea allocated to each territory, on the other hand. An exaggeration of this importance due to a natural geographic feature must be compensated or shared insofar as possible because it creates inequity. 6-7. For all of these reasons, the Gabonese delegation believes that they are facing “special, pertinent circumstances of a geographical nature and…
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TRANSLATION SPA 2245_T WATER STREET TRANSLATIONS – 6 – (even a painful mistake) and that as a result, it would be unfair to exclusively apply the principle of equidistance to establish the maritime borders of these two countries. VII – MARITIME SIGNALING 7-1. The Gabonese technical departments are willing to continue cooperating, as in the past, at the express request of Equatorial Guinea, according to the [illegible—Kogo?] Protocol, with their Equatorial Guinean counterparts for installing and maintaining signals and buoys in the Muni River. VIII – 8-1. The discussions took into account the mutual interests of both governments and the historical reasons, ethnic affinity, and the good neighbor relationship existing between both countries and the need for imminent cooperation in the future. The discussions also took into account the various rules used in peaceful settlement of disputes on maritime border delimitation. 8-2. The delegations consider the following objectives to be desirable: a) a committee of International Experts of both countries to draft the technical and legal documents to be used as a guideline for delimitation of maritime borders between the two States. b) once an agreement is reached and approved by both Heads of State, to immediately delimit the maritime waters by entering into an agreement between the two States to definitively give credence to the delimitation of maritime borders. c) in the meantime, no unliteral action should be taken in the disputed zone without the express consent of the other party. 8-3. If necessary for clarification purposes, a third meeting may be scheduled in Equatorial Guinea or Gabon, as proposed by the two Heads of State. Done in Libreville on March 29, 1972 THE PRESIDENT OF THE DELEGATION OF THE REPUBLIC OF EQUATORIAL GUINEA Minister of the Interior Angel Masie Ntutufu THE PRESIDENT OF THE DELEGATION OF THE GABONESE REPUBLIC Minister of State in Charge of Agriculture, Livestock and Scientific Research François Nguema Ndong
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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, LLC03/19/21_Date
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Conference of the Heads of State and Government of Central and East Africa, Dar es Salaam, 7-9 September 1972, Joint Communiqué on the Work of the Conference on Settlement of the Dispute Between Equatorial Guinea and Gabon, as recorded by the Embassy of the United States to the Republic of Zaire (18 September 1972)
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Conference of the Heads of State and Government of Central and East Africa, Second Session, Final Communiqué Regarding the Dispute Between Equatorial Guinea and Gabon (13 November 1972)
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TRANSLATION Final Communiqué In accordance with the mandate entrusted to them by the Central and East African Heads of State Conference (held in Dar es Salaam from September 7 to 9, 1972) and to facilitate a peaceful settlement—within a spirit of good neighborliness, solidarity, and African brotherhood—the dispute between the Gabonese Republic and the Republic of Equatorial Guinea (mandate which was similarly approved by the acting President in the 9th session of the Conference of the Heads of State and Government of the OAU, His Majesty King Hassan II of Morocco): Their Excellencies Presidents MOBUTU SESE SEKO of Zaire and Marien N’GOUABI of the People’s Republic of the Congo convoked the second session of the Conference of the Heads of State of Gabon, Equatorial Guinea, Congo, and Zaire regarding the Gabon-Equatorial Guinea dispute. Said Conference took place in Brazzaville from November 11 to 13, 1972. His Excellency NZO EKANGAKI, Administrative Secretary-General represented the Organization of African Unity in this session. The two Heads of State mediators heard Presidents Albert-Bernard BONGO and FRANCISCO MACIAS NGUEMA’s remarks regarding the report of the work of the second ministerial session of the OAU ad hoc Commission on the Gabon-Equatorial Guinea dispute. Said session was held in Kinshasa from November 2 to 4, 1972. Following extensive exchanges of views and EG 0375_T WATER STREET TRANSLATIONS
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TRANSLATION detailed discussions in a climate of frankness, sincerity, and mutual understanding; Their Excellencies President Albert-Bernard BONGO and President FRANCISCO MACIAS NGUEMA, 1. Agreed on: A – The neutralization of the disputed zone in Corisco Bay; B – The delimitation by the OAU ad hoc Commission of the maritime boundary between the Gabonese Republic and the Republic of Equatorial Guinea in Corisco Bay, in accordance with the spirit of the Charter of the Organization of African Unity, and 2. Undertook to comply with the spirit of the Brazzaville Conference held November 11 to 13, 1972. President Marien N’GOUABI; President MOBUTU SESE SEKA; and Mr. NZO EKANGAKI, Administrative Secretary-General of the Organization of African Unity, congratulated Presidents Albert-Bernard BONGO of Gabon and FRANCISCO MACIAS NGUEMA of Equatorial Guinea for their common will to resolve the dispute through peaceful means and within the spirit of the Charter of the Organization of African Unity. On this occasion, the Heads of State of the Gabonese Republic and the Republic of Equatorial Guinea expressed their sincere gratitude towards the Presidents of the People’s Republic of the Congo and the Republic of Zaire for their kindred assistance, remarkable mediation efforts, and the patience they have shown in accordance with the mandate of the 8th session of the EG 0376_T WATER STREET TRANSLATIONS
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TRANSLATION Central and East African Heads of State Conference. The President of the Gabonese Republic, the President of the Republic of Equatorial Guinea, the President of the Republic of Zaire, and the Secretary-General of OAU expressed to His Excellency, the President of the People’s Republic of the Congo, to his Government; and to his people, their sincere appreciation for the warm and brotherly welcome offered to them and to their respective delegations. For the Gabonese Republic H.E. Albert-Bernard BONGO [signature] For the Republic of Equatorial Guinea H.E. Francisco Macias NGUEMA [signature] For the People’s Republic of the Congo H.E. Marien N’GOUABI [signature] For the Republic of Zaire H.E. MOBUTU SESE SEKO [signature] For the Secretary-General of OAU H.E. NZO EKANGAKI [signature] In Brazzaville on November 13, 1972. EG 0377_T 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 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
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Minutes from the Joint Gabon/Equatorial Guinea Grand Commission Meeting (July 26-30 1980)
TRANSLATION WATER STREET TRANSLATIONS - 27- [crest] MINUTES OF THE 1st SESSION OF THE GREAT JOINT GABON-EQUATORIAL GUINEA COMMISSION (Malabo July 26 – 30, 1980) ----------------------------------------- The first session of the Great Joint Gabon Equatorial Guinea Commission was held at Malabo (capital of the Republic of Equatorial Guinea) from July 26–30, 1980. The two delegations were seeking laws and means allowing them to open a new era of cooperation for economic, cultural, scientific, and technical development on the one hand, and to tighten the bonds of friendship and fraternity that unite the Equato-Guinean people and the Gabonese people, on the other. The two delegations are led for the Gabonese side by His Excellency Mr. Jean-Baptiste Ngomo-Obiang, Secretary for Foreign Affairs and Cooperation, and for the Equato-Guinean side by His Excellency Mr. Florencio Maye Ella Mengue, First Vice President of the Supreme Military Council, Military Commissar for Foreign Affairs. Speaking first, the Head of the Equato-Guinean delegation expressed wishes of cordial and fraternal welcome to the Gabonese delegation and wished that their stay on Equato-Guinean soil might contribute to strengthening the cooperation between the two countries even further. [initials] EG 0336_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 28- 2/ [crest] The Head of the Gabonese delegation thanked the Head of the Equato-Guinean delegation and the Equato-Guinean people for the warm and fraternal welcome that had been extended to him as well as to the delegation accompanying him. The two delegations then proceeded to adopt the items on the agenda below and reviewed during the first session. I. REVIEW OF THE COMMERCIAL AGREEMENT II. REVIEW OF THE POSTS AND TELECOMMUNICATIONS AGREEMENT III. REVIEW OF THE MERCHANT MARINE AGREEMENT IV. REVIEW OF THE PETROLEUM AGREEMENT V. REVIEW OF THE AVIATION AGREEMENT VI. REVIEW OF THE DRAFT AGREEMENT CONCERNING WORK AND THE FREE MOVEMENT OF PERSONS VII. REVIEW OF THE DRAFT FRIENDSHIP AND GOOD NEIGHBORLINESS TREATY VIII. REVIEW OF THE DRAFT CONSULAR AGREEMENT IX. REVIEW OF THE DRAFT CULTURAL AGREEMENT X. MISCELLANEOUS I. COMMERCIAL AGREEMENT The Gabonese Party presented a draft Commercial Agreement to the Equato-Guinean Party. The Equato-Guinean Party likewise presented a draft Agreement to the Gabonese Party. The Gabonese Party gave a presentation of the commercial exchanges between the two countries and noted that they were insignificant on a statistical level for two reasons. [initials] EG 0335_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 29- 3/ [crest] The economic relations were suspended for eight (8) years, and moreover, if there were exchanges, they were done in the form of barter, and were thus not accounted for. Nevertheless there was a flow between the two countries in 1976 and 1977 that cannot be evaluated due to the permeability of the borders. The Gabonese Party emphasized the complementary nature of the two countries’ economies and the fact that consequently it is necessary to deepen the commercial exchanges. The draft Commercial Agreement presented by the Gabonese Party includes an appendix listing certain products that might be exported to Equatorial Guinea. Gabon is disposed to receive the products proposed by the Equato-Guinean Party. The Gabonese party has set a goal of increasing the volume of commercial exchanges between the two countries, but only the economic operators, i.e. the enterprises, can best take advantage of the legal framework of this agreement, taking into account the economic environment. The same is true of the Equato-Guinean party. The two Parties acknowledged that the Gabonese draft Commercial Agreement summarized the economic concerns of both countries and that that one should be adopted. The two Parties agreed to sign a Commercial Agreement. II. REVIEW OF THE POSTS AND TELECOMMUNICATIONS AGREEMENT [hw: illegible] The Equato-Guinean Party presented a draft telecommunications agreement concerning the establishment of a telegraphic connection between the two countries. [initials] EG 0334_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 30- 3/ (bis) [crest] The Gabonese Party, for its part, presented a draft Agreement incorporating Posts and Telecommunications while underlining the inseparable nature of the two services. The Equato-Guinean Party, while asking the Gabonese Party to take into account the technical condition of its installations in this area, expressed the wish that a Postal service concerning letters and packages might go into effect between the two countries. The Gabonese Party gave its consent for this service to go into effect as soon as possible. III. MERCHANT MARINE AGREEMENT The Gabonese Party delivered a draft Merchant Marine agreement to the Equato-Guinean Party. The Equato-Guinean party accepted the Gabonese draft, but given that this point of cooperation did not appear on the agenda, it was not possible to proceed to the review of this draft. The two parties, while recognizing the necessity to establish cooperation in this area, agreed to form an ad hoc commission as soon as possible, which will have as its mission to develop a cooperation agreement in this area. IV. PETROLEUM AGREEMENT The Gabonese Party underlined the existence of a Petroleum Agreement between the two companies and wished for the expansion of cooperation in petroleum matters to include mining matters, taking into account the similarity of the areas and the natural borders existing between the two countries. [initials] EG 0333_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 31- 4/ [crest] At the same time the Gabonese Party made a proposal concerning sending the review of the petroleum problem to an ad hoc commission to meet subsequently. The Equato-Guinean party denounced the Petroleum Agreement that had been signed at Libreville on November 13, 1979, because that agreement had not been negotiated by Equato-Guinean experts; the proof is that there is no mention in the final communiqué sanctioning the visit of the Guinean Head of State to Libreville on November 12 to 13, 1979. The Gabonese party accepted the principle of revising this agreement, but insisted on the validity of this agreement, which alone might justify a meeting at a later date of an ad hoc commission. The Gabonese party proposed that the ad hoc petroleum Commission meet in Libreville in the month of September and that the Equato-Guinean Party present a draft aimed at expanding mining cooperation between the two countries. The Equato-Guinean Party believed that only technicians were capable of appreciating the opportunities of such proposals and accepted the principle of a meeting of the petroleum Commission, which would present its work in the month of November at a place to be set by diplomatic channels. The Equato-Guinean Party delivered a draft petroleum agreement to the Gabonese Party, which will be reviewed in the course of the upcoming work by the ad hoc Petroleum Commission. The two Parties expressed the political will to establish cooperation in this area. [initials] EG 0332_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 32- 5/ [crest] V. AVIATION AGREEMENT The Gabonese Party presented a draft aviation agreement to the Equato-Guinean Party; the Equato-Guinean Party likewise presented a draft agreement. The two drafts being of a standard type, the Gabonese Party accepted to use the Equato-Guinean draft as a working document. At the same time, the Gabonese draft enriched the Equato-Guinean draft by introducing two new articles concerning the final provisions. The Equato-Guinean Party agreed to the introduction of these two articles. The Equato-Guinean party proposed the following routes: Points in Equatorial Guinea – Oyem and/or Libreville and vice versa. The Gabonese Party proposed the following routes: Points in Gabon – Bata and/or Malabo and vice versa. The two Parties agreed to sign an agreement on aviation transport. As to articles concerning money, taking into account the fact that the two countries belong to different monetary zones, it was decided that the technical application modalities in this area would be set subsequently by technicians of the two countries. As far as cooperation in the area of telecommunications is concerned: The Gabonese Party took note of this proposal and will analyze the possibilities for starting up a telegraphic network between Gabon and Equatorial Guinea. [initials] EG 0331_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 33- 6/ [crest] The Gabonese Party expressed the wish that Equatorial Guinea join the African Postal and Telecommunications Union, the headquarters of which are in Brazzaville, so that Guinea could benefit from preferential rates from Gabon. The Equato-Guinean Party took note of this proposal. The Gabonese Party proposed to the Equato-Guinean Party agreement on a telex Center with a capacity of four hundred (400) lines. The Equato-Guinean Party took note and will approach its country’s Government, which has sole competence over this. The Gabonese Party proposed the admission of Equato-Guinean staff to the Posts and Telecommunications Training School of Libreville. The Equato-Guinean Party took note of this proposal, which will be presented to the Government. The Gabonese Party suggested to the Equato-Guinean Party to jointly seek external financing to establish a high-capacity telecommunications connection between the two countries. The Equato-Guinean Party took note of this proposal. The two Parties allowed for the possibility of establishing a telephone connection that would temporarily pass through a third country. The Parties, aware of the necessity of starting up service on a direct telecommunications and postal connection between the two countries as soon as possible, agreed to approach those responsible at the competent departments so that a meeting can take place as soon as possible to sign an agreement on posts and telecommunications. [initials] EG 0330_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 34- 7/ [crest] VI. REVIEW OF THE DRAFT AGREEMENT CONCERNING WORK AND THE FREE MOVEMENT OF PERSONS AND GOODS The Equato- Guinean Party delivered to the Gabonese Party the draft of the above-cited Agreement. The Gabonese Party, believing that this was a new item on the agenda, and in the absence of the competent Minister, took note of this proposal, which it will communicate to the competent Gabonese authorities. It will give notice of the outcome as soon as possible by diplomatic channels. VII. REVIEW OF THE DRAFT FRIENDSHIP AND GOOD NEIGHBORLINESS TREATY On this specific point, the Gabonese Party took note of the Equato-Guinean proposal. It believed that this question, which is relevant to the competence of several ministerial departments, will be submitted for an in-depth review by an ad hoc commission created to this end within the scope of the General Cooperation Agreement signed between the two countries. The date of this meeting shall be set by mutual agreement by diplomatic channels. VIII. REVIEW OF THE DRAFT CONSULAR AGREEMENT Since this is a new point, the sub-committee decided to delegate the review of this question to an expanded ad hoc commission, the date of which shall be specified later. [initials] EG 0329_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 35- 8/ [crest] IX. REVIEW OF THE DRAFT CULTURAL AGREEMENT Since the last meeting, which was held in Libreville on the occasion of the official visit paid by His Excellency Lieutenant Colonel Obiang Nguema Mbazogo, President of the Supreme Military Council, the Gabonese Party delivered to the Equato-Guinean Party a draft Cultural Cooperation Agreement. At this session the Equato-Guinean Party submitted for the attention of the delegates its counter-draft and the latter was adopted after slight amendments in a spirit of mutual understanding. X. MISCELLANEOUS The Gabonese Party drew the attention of the competent authorities in the Republic of Equatorial Guinea to the necessity to find ways and means to put an end to certain acts that could disrupt the good relationship between the two fraternal peoples. The Equato-Guinean Party took note of this concern and signaled its wholehearted readiness to cooperate in this direction. It likewise made the Gabonese Party aware of the fact that similar cases are occurring in Gabon. The Gabonese Party took note and committed to inform the competent authorities of its country. [initials] EG 0328_T Annex 202
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TRANSLATION WATER STREET TRANSLATIONS - 36 – BIBLIOGRAPHY - NATIONAL ARCHIVES OF GABON - MAX-LINIGER-GOUMAZ: GABON-GUINEE PROBLEME FRONTALIER [GABON-GUINEA BORDER PROBLEM] GENEVE-AFRIQUE 1973, VOL. VII. - MAX-LINIGER-GOUMAZ: LA REPUBLIQUE DE GUINEE EQUATORIALE UNE INDEPENDENCE A REFAIRE [THE REPUBLIC OF EQUATORIAL GUINEA, INDEPENDENCE TO BE REMADE] AFRIQUE CONTEMPORAINE No. 18 - MAX-LINIGER-GOUMAZ: GUINEE EQUATORIALE UN PAYS MECONNU [EQUATORIAL GUINEA, A MISUNDERSTOOD COUNTRY] PAU & EDITIONS L’HARMATTAN (COP. 19 - LEONDO: “DES REFUGIES EQUATO-GUINEENS, VICTIMES DE VOLS ET PILLAGES” [“EQUATO-GUINEAN REFUGEES, VICTIMS OF THEFTS AND LOOTING”] No. 660. EG 0327_T Annex 202
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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 byEve Hecht, a linguist with substantial experience in the translation of documents from Frenchinto English as certifiedbythe American Translators Association.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby atteststothefollowing:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translation into English of the French text attached herewith."Kent G. HeineWater Street Translations, LLCMarch 4,2021_Date
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Minutes of the Joint Commission on the Revision of the Petroleum Cooperation Agreement Between the Republic of Equatorial Guinea and The Gabonese Republic, Libreville (26 September 1981)
TRANSLATION EG 0449_T WATER STREET TRANSLATIONS REPORT OF THE AD HOC COMMITTEE REVIEWING THE PETROLEUM COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF EQUATORIAL GUINEA AND THE GABONESE REPUBLIC _______________ In accordance with the decision of the Joint Gabon-Equatorial Guinea Committee held on September 22 through 26, 1981, the two parties met in Libreville on March 16 through 18, 1982, to review the petroleum operation agreement signed between the Republic of Equatorial Guinea and the Gabonese Republic in November 1979 by the Heads of State. […] Annex 203
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TRANSLATION EG 0450_T WATER STREET TRANSLATIONS […] Annex 203
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TRANSLATION EG 0452_T WATER STREET TRANSLATIONS – 3 – […] - Article 6. This article was the subject of different points of view. The Gabonese party keeps the article as written in the original document: Both parties grant the Société Nationale Pétrolière Gabonaise PETROGAB an exclusive petroleum exploration and production right in the offshore area located between the north parallel latitude 1° 01’ 14” (one degree, one minute, fourteen seconds) and north parallel 0° 41’ 32” (zero degrees, forty-one minutes, thirty-two seconds). - Equatorial Guinean Version The HPCs agree to specify an area for joint exploration and exploitation of hydrocarbons that may exist in this zone. Annex 203
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TRANSLATION EG 0453_T WATER STREET TRANSLATIONS – 4 – Said zone, the limits of which will be determined, only and exclusively for purposes of hydrocarbons exploration and exploitation, by mutual agreement of the HPCs, may be allocated to the joint company created in accordance with this agreement, and to any other company or group of oil companies by mutual agreement of the HPCs. […] Annex 203
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TRANSLATION EG 0454_T WATER STREET TRANSLATIONS – 5 – The next meeting of the Ad Hoc Committee will be held in Malabo on a date to be determined by agreement of the parties through diplomatic channels. FOR THE GABONESE DELEGATION FOR THE EQUATORIAL GUINEAN DELEGATION The Secretary of State, with the 2nd Vice Prime Minister, Minister of Mines and Petroleum [signature] His Excellency Dr. Paulin Obame-Nguema The Commissioner of State with the Ministry of Industry, Mines and Energy [signature] His Excellency Policarpo Monsuy Mba Annex 203
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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,a linguist with substantialexperience in the translation of documents fromFrenchinto English as certifiedbytheAmericanTranslatorsAssociation (ATA).KentG.Heine,Managing Partner of Water Street Translations, LLC, hereby attests to thefollowing:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translationinto English of the French text attached herewith."Kent G. HeineWater Street Translations, LLC04/23/21_Date
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The Gabonese Republic, Spanish Minutes of the Ad Hoc Commission on the Revision of the Petroleum Cooperation Agreement between the Republic of Equatorial Guinea and The Gabonese Republic, Libreville (16 – 18 March 1982)
TRANSLATION WATER STREET TRANSLATIONS MINUTES OF THE AD HOC COMMISSION ON THE REVISION OF THE OIL COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF EQUATORIAL GUINEA AND THE GABONESE ==================== REPUBLIC ==================== -------------------------------------------------------------------------------------- According to the decision by the Grand Guinean-Gabonese Mixed Cooperation Commission, which met from the 22nd to the 16th [sic] of September of last year 1981, the two parties met in Libreville from the 16th to the 18th of March, 1982, in order to revise the Oil Cooperation Agreement between the Republic of Equatorial Guinea and the Gabonese Republic, signed in November 1979 by the two Heads of State. During the negotiations, the Gabonese Delegation was made up as follows: His Excellency OBAME NGUEMA PAULIN Secretary of State of the Ministry of Oil and Mines. Mrs. OYANE SERAPHINE Ministerial Delegate at the Ministry of Commerce. Mr. SIMON BOULAMATARI General Secretary of the Presidency, Chargé of Commercial Relations Mr. DOSSOU AWORET SAMUEL General Director of the Ministry of Oil and Mines. Mr. OBIANG MAXIME Director of Financial Affairs at the Ministry of Oil and Mines. Mr. MBA ELA Assistant Director of Foreign Trade. Mr. JOSEPH OSSAD NKOGHE Head of Service of the Africa Desk at the Ministry of Foreign Affairs. ./. EG 0413_T Annex 204
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TRANSLATION WATER STREET TRANSLATIONS — 2 — Mr. BANGOLE YENVOU FAUSTIN Assistant General Director of PETROGAB. Mr. MBA NDOUTUMU Head of the Central and Western Africa Office at the Ministry of Foreign Affairs. Mr. NZE MUELLE ARTHUR PETROGAB Engineer. Miss BRIGITTE JOBET PETROGAB Engineer. Mr. IGONDJO HENRI Chargé of Studies of the Africa Desk at the Ministry of Foreign Affairs. And on the Equatorial Guinean part, the Delegation was made up by the following Members: His Excellency POLICARPO MOSUY MBA Commissioner of State at the Ministry of Industry and Energy. His Excellency JUAN OLO MBA NSENG Assistant Commissioner of State of the Office of the Secretary of State for Trade. His Excellency MARCELINO NGUEMA ONGUENE Technical Secretary of the Ministry of Health. MOST ILLUSTRIOUS MR. RAIMUNDO ERAUL MUÑEZ Technical Secretary of the Office of the Secretary of State for Economic and Cooperation Plan. His Excellency BATHO OBAM NSUE MENGUE Ambassador Extraordinary and Plenipotentiary of the Republic of Equatorial Guinea in Gabon. MOST ILLUSTRIOUS MR. DAMIAN ONDO MAÑE Director of the Technical Cabinet of the Presidency. ,/, EG 0414_T Annex 204
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TRANSLATION WATER STREET TRANSLATIONS — 3 — MOST ILLUSTRIOUS MR. ANGEL NDJENG OLO Technical Director of Mines and Hydrocarbons. Mr. JULIO ONDO NDEMENSOGO Head of the Cabinet of the Ministry of Industry and Energy. Ms. MARIA-RESURECCION BITA BORIESA First Secretary of the Embassy of Equatorial Guinea in Gabon. Mr. LUIS OBIANG MENGUE Diplomatic Officer at the Ministry of Foreign Affairs. After an exchange of points of view between the two Heads of the Delegation, they agreed to have the experts review the articles, having as base documents the Cooperation Agreement and to correct and introduce the amendments. Once all the articles of said Cooperation Agreement were analyzed, the two Delegations reached the following conclusions: I. THE TITLE: At the proposal of the Equatorial Guinean party, and after an exchange of points of view between the two Delegations, both parties agreed to amend the title of the Agreement, which from now on shall be: "COOPERATION AGREEMENT ON HYDROCARBON MATTERS BETWEEN THE REPUBLIC OF EQUATORIAL GUINEA AND THE GABONESE REPUBLIC." However, the Gabonese party thinks that this amendment must be set forth in an article in the future, in the Oil Cooperation Agreement. II. RECITALS No amendments. III. ARTICLE ONE: No amendments. IV. ARTICLE TWO: Both parties agree to complete it as follows: ./. EG 0415_T Annex 204
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TRANSLATION WATER STREET TRANSLATIONS — 4 — Paragraph 3: "In applying the provisions of the foregoing paragraph, the aforementioned Oil Commission shall decide if needed the nature of the Mixed Equatorial Guinean-Gabonese Companies to be created. " Paragraph 4: "The APCs1 agree to grant to the Mixed Companies so created investment, regulatory and tax conditions not less favorable than those granted to companies engaged in analogous activities operating in their respective territories. " V.- ARTICLE THREE: No amendments. VI.- ARTICLE FOUR: No amendments. VII.- ARTICLE FIVE: This Article has been amended and adopted as follows: "The Gabonese party agrees to benefit the Equatorial Guinean party with its experiences acquired in its national territory on the matter of hydrocarbons." "The Equatorial Guinean Party reciprocally agrees to benefit the Gabonese Party with its experiences acquired in its national territory on the matter of hydrocarbons." [Mark] VIII.- ARTICLE SIX: This Article has been the subject of different points of view. The Gabonese Party maintains the wording of Article Six of the original document that reads as follows verbatim: "Both Parties grant the Gabonese national oil company PETROGAB an exclusive right of exploration and of oil production in the maritime zone located between "[Handwritten: "1o1'], 14" (one [---]degree, one minute, fourteen seconds) North Parallel of Latitude and "0,41', 32" (zero [---]degree, forty-one minutes and thirty two seconds) North Parallel of Latitude." The Equatorial Guinean Party has proposed the following wording: ./. EG0416_T TRANSLATOR'S FOOTNOTE 1 "APC" ("APCs" plural for "the APCs") left in the original, its meaning unknown. Annex 204
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TRANSLATION WATER STREET TRANSLATIONS — 5 — "The APCs agree to assign, each one of them, a zone for purposes of joint exploration and exploitation of the hydrocarbon resources existing therein. "Said Zone, whose limits shall be determined solely and exclusively for purposes of exploration and exploitation of hydrocarbons by mutual agreement of the APCs, may be awarded either to the Mixed Company created in accordance with this Agreement or to any group of oil companies or company out of common agreement among the APCs." IX.- ARTICLE `SEVEN: This Article was adopted as follows: "The APCs agree to establish a Guinean-Gabonese Mixed Company, whose purposes shall be defined by the Hydrocarbon Commission created by this Agreement.["] X.- ARTICLE EIGHT: Both parties have agreed to replace the term: "The Gabonese Party agrees to under the terms of["] [with]: "The APCs agree, out of common agreement, to find ..." XI.- ARTICLE NINE: The two Delegations have agreed to delete this Article. XII.- ARTICLE TEN: Both parties have agreed to adopt the following formulation: "The APCs agree, out of respect for the oil legislation of their respective countries, to review most diligently as needed any request for hydrocarbon exploration and exploitation permits filed by said Mixed Company and its potential subsidiaries which, under equal competitive conditions, shall benefit from priority over those filed by other applicants in their respective countries." ./., EG 0417_T Annex 204
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TRANSLATION WATER STREET TRANSLATIONS — 6 — XIII.— ARTICLE ELEVEN: No amendments. In the course of the negotiations, the Head of the Equatorial Guinean Delegation was received in a Hearing by the Gabonese Head of State, His Excellency EL HADJ OMAR BONGO, to whom he delivered a message addressed to him by his Brother and Friend the Chairman of the Supreme Military Council, His Excellency Colonel OBIANG NGUEMA MBASOGO. At the closing session the two Delegations congratulated each other for the environment of trust and sincerity that characterized the work of the Ad Hoc Commission. On his part, the Head of the Equatorial Guinean Delegation thanked the Gabonese Authorities for the kind attention given to him and to his Delegation during their stay in Libreville. Both parties agreed to hold their next meeting in Malabo, on a date to be scheduled through diplomatic channels. Done in Libreville, on the nineteenth day of March, nineteen hundred eighty-two, in two counterparts, in the Spanish and French languages, both texts equally binding. FOR THE REPUBLIC OF FOR THE GABONESE REPUBLIC, EQUATORIAL GUINEA, [(Signed) Illegible] [(Signed) Illegible] Policarpo Mosuy Mba, Obame Nguema Paulin Commissioner of State of the Ministry Secretary of State of Industry and Energy. at the Ministry of Oil and Mines. EG 0418_T Annex 204
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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 Anthony Palomo, 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, LLC08/02/21_Date
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Minutes of the Second Session of the Ad Hoc Commission on the Review of the Oil Cooperation Agreement Between the Republic of Equatorial Guinea and The Gabonese Republic, Malabo (10-13 September 1984)
TRANSLATION //-)) ACCOUNT OF THE SECOND SESSION OF THE AD HOC COMMISSION ON REVIEW OF THE OIL COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF EQUATORIAL GUINEA AND THE GABONESE REPUBLIC (Libreville, September 10-13, 1984) Pursuant to the decision of the Third session of the Great Equatoguinean-Gabonese Mixed Cooperation Commission held in Malabo from May 11 to 14, 1983, the Second Session of the Ad Hoc Commission on hydrocarbons, created by the Second Session of the 1981 Great Equatoguinean-Gabonese Mixed Cooperation Commission, took place in Libreville from September 10 to 13, 1984 under the leadership of His Excellency Mr. Augustin HERVO-AKENDENGUE, Assistant Minister to the Second Deputy Prime Minister, Minister of Mines and Hydrocarbons. The Equatoguinean Delegation was led by His Excellency Mr. Juan OLO MBA NSENG, Assistant Minister to the Office of the President Responsible for Mines and Hydrocarbons. The lists of both delegations are attached as annexes. The opening ceremony was characterized by the two speeches given by the Gabonese Minister and his Equatoguinean counterpart. ...///... [initials] [initials] EG 0460_T WATER STREET TRANSLATIONS Annex 205
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TRANSLATION -2 -In his speech, Minister HERVO-AKENDENGUE placed special emphasis on the sound historical and geographical relations that compel Equatorial Guinea and Gabon to cooperate closely in all economic sectors, further manifesting the spirit of the Lagos declaration, and more specifically, the Libreville declaration that gave rise to the Economic Community of Central African States. In his response, Minister OLO MBA NSENG expressed that his Government’s aspirations are in the same vein and therefore the two countries must show solidarity to consolidate the South-South relations within our Subregion. Furthermore, I wish for the Commission’s work to be met with great success. The two Delegation Heads were assisted by a Committee of Experts chosen by a Working Group comprised of a Chair, Mr. AMPAMBA GOUERANGUE, Advisor to the Office of the President of the Gabonese Republic, Director General of Mines and Geology; a Recording Secretary, Mr. EVUNA OWONO, Secretary General of the Ministry of Foreign Affairs and Cooperation of the Republic of Equatorial Guinea; and a Co-Recording Secretary, Mr. BEKALE EKOMOE, Head of the OAU Division in the Ministry of Foreign Affairs and Cooperation of the Gabonese Republic. The Ad Hoc Commission’s scope was extended to include the Mineral Raw Materials sector. The Agenda, as amended and adopted by the Ad Hoc Commission, is as follows: 1.COOPERATION IN HYDROCARBON MATTERS1.1. Determination of the joint oil development zone.1.2. Creation of a Joint Venture Oil Company and determination of its capital structure. 1.3. Rights and Obligations of the Joint Venture. ...///... [initials] [initials] EG 0461_T WATER STREET TRANSLATIONS Annex 205
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TRANSLATION -3 -II.COOPERATION IN THE MINERAL RAW MATERIALS SECTORII-I Exchange of perspectives on the Draft Agreement.III.MISCELLANEOUS MATTERSThe Ad Hoc Commission met in a full session and reached the following conclusions: I.COOPERATION IN HYDROCARBON MATTERSI.I. Determination of the Joint Oil Development ZoneThe Gabonese Party welcomed the fact that relations in the hydrocarbons sector were proceeding to the benefit of both countries. The Gabonese Party recalled the point of the negotiations on the application of the 1979 Oil Agreement, taking into consideration the denouncement by the Equatoguinean Party of Article 6 of such Agreement. In relation to the joint development zone, the Gabonese Party maintains the definition it put forward in the 1979 Agreement, i.e.: the maritime area included between the 1° 1’ 14” and 0° 41’ 32” North latitude parallels (one degree one minute fourteen seconds and zero degrees forty-one minutes and thirty-two seconds North latitude), which includes the Equatoguinean islands of CORISCO and the ELOBEYS. As a result of the overlapping sovereignty in these waters, the Gabonese Party understands that this zone would be best suited for joint development, regardless of any determination of maritime boundaries between the two countries, which determination will be made in due time by other competent entities. The Gabonese Party noted that the joint development structures that would be implemented would remain intact in all cases following this boundary determination. ...///... [initials] [initials] EG 0462_T WATER STREET TRANSLATIONS Annex 205
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TRANSLATION -4 -Following the Gabonese position, the Equatoguinean Party commented that the islands of CORISCO and ELOBEY Grande and Chico are an integral part of Equatorial Guinea’s National Territory; they enjoy the right to have a territorial sea, pointing out that they must receive treatment appropriate to maritime territories of States with opposite and/or adjacent coasts. The Equatoguinean Party understands that there can be no overlapping sovereignty between States; therefore, it proposes a more suitable joint development maritime zone, included between 0° 50’ 00” and 0° 36’ 32” North latitude parallels (zero degrees fifty minutes zero seconds and zero degrees thirty-six minutes thirty-two seconds). To explain its proposal, the Equatoguinean Party relied on Article 7 of the Constitution of Equatorial Guinea—which determines that the National Territory of the Republic of Equatorial Guinea is, with respect to its maritime portion, comprised of the islands of BIOKO, CORISCO, ANNOBON, ELOBEY GRANDE, ELOBEY CHICO, and the adjacent islets—and on the recent 1982 Jamaica Convention on the Law of the Sea. This means that the zone proposed by the Gabonese Party is located entirely within territory that falls under the sovereignty of Equatorial Guinea, with the understanding that the mention of these legal texts does not entail any boundary delimitation, but rather a demonstration of Equatoguinean sovereignty over this zone. With respect to the structures to be implemented within the joint development zone, following a determination of boundaries, the Equatoguinean Party believes that the issue should be raised before higher competent entities. For the Gabonese Party, the joint development zone defined by the Equatoguinean Party lies fully within Gabonese territory, given that, according to it, the 0° 50’ 00” parallel passes through the point of BOUYOUMBA, well to the South of Cocobeach, and that the 0° 36’ 32” parallel passes through the Cabo ESTERIAS lighthouse. ...///... [initials] [initials] EG 0463_T WATER STREET TRANSLATIONS Annex 205
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TRANSLATION -5 -For the Gabonese Party, this proposal is unacceptable, and it asked the Equatoguinean Party to change it. The Gabonese Party reaffirmed that the most suitable joint development zone continues to be that defined in the 1979 Agreement signed by the two Heads of State. In fact, according to the Gabonese Party, the general principles of law defined by the 1982 United Nations Convention on the Law of the Sea and invoked by the Equatoguinean Party to reaffirm its sovereignty over the zone proposed by the Gabonese Party are the same principles upon which the Gabonese claims are based, which gives rise to overlapping sovereignty. The Gabonese Party also noted that the boundary delimitation problems are outside the scope of the Ad Hoc Commission and only fall to the Heads of State. The Equatoguinean Party agrees with the Gabonese Party in the sense that the Ad Hoc Commission is not the appropriate place in which to address boundary problems. However, it maintains its position not to discuss other matters until there is clarity with respect to the joint development zone. Both parties maintain their respective positions on the determination of the joint development zone; the Gabonese Party then suggests examining the other items on the Agenda. The Equatoguinean Party makes the examination of other Agenda items conditional on reaching conclusions on the first Agenda item. Consequently, the Head of the Gabonese Delegation proposed suspending the work of the Ad Hoc Commission, which the Equatoguinean Delegation accepted. During the closing session, both Delegations congratulated one another on the climate of trust and honesty that prevailed during the Ad Hoc Commission’s working sessions. ....///.... [initials] [initials] EG 0464_T WATER STREET TRANSLATIONS Annex 205
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TRANSLATION -6 -For his part, the Head of the Equatoguinean Delegation expressed appreciation to the Gabonese authorities for the hospitality shown to him and to the Delegation joining him during their stay in Gabon. Done in Libreville, on the thirteenth day of the month of September, nineteen hundred and eighty-four, in duplicate in the French and Spanish languages, with both texts being equally valid. FOR THE PARTY OF THE REPUBLIC OF EQUATORIAL GUINEA [signature] His Excellency Mr. Juan OLO MBA NSENG Assistant Minister to the Office of the Presidency Responsible for Mines and Hydrocarbons FOR THE PARTY OF THE GABONESE REPUBLIC [signature] His Excellency Mr. HERVO-AKENDENGUE Assistant Minister to the Second Deputy Prime Minister, Minister of Mines and Hydrocarbons EG 0465_T WATER STREET TRANSLATIONS Annex 205
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The Delegation of the Republic of Equatorial Guinea, Opening Address to the Delegation of The Gabonese Republic During the First Meeting of the Gabonese - Equatoguinean Ad-Hoc Commission (4 November 1984)
TRANSLATION EG 0162_T WATER STREET TRANSLATIONS Esteemed Minister of State, On behalf of the Equatoguinean Delegation, it is for me, Mr. Minister of State, a high honor to offer Your Excellency and all of the members of the Gabonese Delegation our warm welcome in Bata. We have gathered here today to fulfill the agreement by Their Excellencies, the Heads of State of the Gabonese Republic and the Republic of Equatorial Guinea in the meeting held in Libreville on November 4th of last year, 1984. During this meeting that I just mentioned, the Heads of State intended for the Delegations of both countries to meet in an AD-HOC commission in order for each party to explain their reasoning and come to an agreement concerning the situation of our respective Territorial Waters in the Bay of Corisco before a potential future joint activity area can be determined for development of natural resources in this zone, and to resolve the disagreements that persist with respect to the islets of Mbañe, Conga, Leva, Hoco, and Cocoteros. Esteemed Minister of State, Our Government’s position and the political will of H.E. Coronel OBIANG NGUEMA MBASOGO, is that our disagreements over the Bay of Corisco may be resolved through peaceful measures of understanding and dialogue, as is appropriate between two brother nations. Taking into consideration historical reasons dating back to at least 1883, as well as our inhabitants’ right to exercise occupation since the colonial period, and based on the principles of the United Nations Jamaica Convention on the Law of the Sea, and specifically in relation to delimitation of the territorial sea between States with adjacent or opposite coasts, the Republic of Equatorial Guinea has always understood, and still understands, that the islands of Annex 206
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TRANSLATION EG 0163_T WATER STREET TRANSLATIONS Corisco, Elobey Grande, Elobey Chico, the islets of Mbañe, Conga, Hoco, Leva, and Cocoteros are an integral part of the Territory of the Equatoguinean State. Esteemed Minister of State, On this matter, our Government stands firm in respecting the OAU’s principles on boundaries inherited from former colonial powers, respecting the agreements of the meeting in Kinshasa on September 17, 1972 between Delegations from the Republic of Zaire, the Gabonese Republic, the People’s Republic of the Congo, and the Republic of Equatorial Guinea, and to respect the agreements adopted in the Final Communique of the Brazzaville meeting on November 4, 1974 between the four Heads of State of the aforementioned countries on the disagreements concerning our rights in the Bay of Corisco. For these reasons, and once the dialogue phases are underway, the situation concerning the military occupation of the islet of Mbañe maintained by Gabonese troops poses an enormous cause of concern and surprise for the Equatoguinean State, as does the incident concerning the Gabonese authorities’ prevention of an Equatorial Guinea-authorized plane from flying over the island of Corisco. [These] and other boundary incidents are deeply perplexing events for us. Mr. Minister of State, Your Excellencies, Honorable members of Both Delegations, Since the colonial era, both French and Spanish former powers maintained relations of good neighborliness within our subregion. From the time of the Republic of Equatorial Guinea’s independence, relations between both countries have been characterized by the continuation of a climate of cooperation, dialogue, and understanding; and within the spirit of brotherhood and good neighborliness that should prevail between our countries, my hope is that the working discussions between both Delegations may take place in a climate of mutual understanding and harmony, thereby responding to what our respective Heads of States expect from this Commission [word cut off]. Annex 206
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TRANSLATION EG 0164_T WATER STREET TRANSLATIONS Allow me, Esteemed Minister of State, to propose that before adjourning this meeting of opening remarks, we appoint a sub-commission from among both delegations, which will be responsible for implementing the work, and the findings of which will be recorded in a Procès-Verbal that would be signed by the heads of both delegations for consideration by the Heads of State. Lastly, allow me to introduce the other members of the Equatoguinean Delegation: His Excellency, the Minister of Mines and Hydrocarbons, Mr. Juan OLO MBA. His Excellency, Mr. Mariano NSUE NGUEMA, Advisor to the Office of the President for Social matters. Illustrious Secretary General of the Ministry of Foreign Affairs and Cooperation, Mr. Alejandro EVUNA OWONO. His Excellency, the Ambassador of the Republic of Equatorial Guinea in the Gabonese Republic, Mr. Sicinio MBANA NSORO. Illustrious Director General of Mines and Hydrocarbons, Mr. Pastor MICHA ONDO. Illustrious Director General of Forestry, Mr. Francisco NDONGO OVONO. Illustrious Director General of Territorial Administration, Mr. Alberto ABAGA ONDO BINDANG. Head of the Africa Section in the Ministry of Foreign Affairs and Cooperation, Mr. Mariano EBANG ANGUESOM Geodesic Engineer in the Ministry of Defense, Mr. Enrique CHOCHI RIBABO. Topographer in the Ministry of Public Works, Mr. Rafael BONEQUE CAMA. Interpreter, Mr. Victoriano NCA OBIANG. [illegible handwriting] Thank you very much! [illegible handwriting] Annex 206
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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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Minutes of the Guinean-Gabonese Ad Hoc Commission on the Delimitation of the Maritime Boundary in Corisco Bay, Bata (10-16 November 1985)
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TRANSLATION Minutes of the Guinea-Gabonese Ad Hoc Commission on the Delimitation of the Maritime Boundary in Corisco Bay. (Bata, November 10-16, 1985) In accordance with the will of the Governments of the Republic of Equatorial Guinea and the Gabonese Republic—as well as the will of Presidents OBIANG NGUEMA MBASOGO and Hadj OMAR BONGO—the Ad Hoc Commission on the Delimitation of the Maritime Boundary in Corisco Bay held meetings between the Republic of Equatorial Guinea and the Gabonese Republic in Bata, second capital of the Republic of Equatorial Guinea from November 10 to 16, 1985. Equatorial Guinea’s delegation was led by Mr. FORTUNATO NZAMBI MACHINDE (Minister of Industry, Commerce, and Business promotion) and was composed of the following members: 1 – Mr. Juan OLO MBA, Minister of Mines and Hydrocarbons. 2 – Mr. Mariano NSUE NGUEMA, Advisor to the President on Social Affairs. 3 – Mr. Alejandro EVUNA OWONO, Secretary-General of the Ministry of Foreign Affairs and Cooperation. 4 – Mr. Sisinio MBANA NSORO, Ambassador of the Republic of Equatorial Guinea to Gabon. 5 – Mr. Pastor MICHA ONDO, Director General of Mines and Hydrocarbons. 6 – Mr. Francisco NDONGO OVONO, Director General of Forestry. 7 – Mr. Alberto ABAGA ONDO BINDANG, Director General of Territorial Administration. EG 0319_T WATER STREET TRANSLATIONS
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TRANSLATION 8 – Mr. MARIANO EBANG ANGUESOMO, Chair of the Africa, Asia, and Australia in the Ministry of Foreign Affairs and Cooperation. 9 – Mr. ENRIQUE CHOCHI RIBABO, Geodetic Engineer in the Ministry of National Defense. 10 – Mr. RAFAEL BONEKE KAMA, Topographer in the Ministry of Public Works, Housing, and Urban Planning. 11 – Mr. VICTORINO NCA OBIANG, Interpreter in the Office of the Presidency of the Government. 12 – Mr. ANACLETO ALOGO, Ministry of Foreign Affairs and Cooperation Official. The Gabonese delegation was led by Mr. RICHARD NGUEMA BEKALE (Minister of State, Minister of Territorial Administration and Local Authorities) and was composed of the following members: 1 – Mr. HUBERT OKOUMA, Ambassador of the Gabonese Republic to the Republic of Equatorial Guinea. 2 – Mr. RENE NDEMEZO’O, Advisor to the Minister of State, Minister of Territorial Administration and Local Authorities. 3 – Mr. VICTOR MPIRA, Advisor to the Prime Minister. 4 – Mr. JOSEPH OBIANG NTUTUMU, Consul General of the Gabonese Republic in Bata. 5 – Mr. ALEXIS-CLAUDE AKE, Director of Documentation and Borders in the Ministry of Territorial Administration and Local Authorities. EG 0320_T WATER STREET TRANSLATIONS
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TRANSLATION 6 – Mr. André SMITH, Advisor of Foreign Affairs to the Ministry of Foreign Affairs and Cooperation. 7 – Ms. Jacqueline BENGA MEYE, First Secretary at the Embassy of the Gabonese Republic in Equatorial Guinea. 8 – Ms. Christine EFIRI, Secretary at the Gabonese Consulate in Bata. The two delegation chairs delivered opening speeches, the texts of which are attached. The Ad Hoc Commission adopted the agenda, following the amendment presented by the Gabonese delegation of point II, titled “examination of Corisco Bay’s jurisdictional waters,” proposed by Equatorial Guinea as “delimitation of the maritime boundary between the Republic of Equatorial Guinea and the Gabonese Republic.” This Agenda is composed of the following points: I. Opening of the negotiations by the delegation chairs. II. Delimitation of the maritime boundary in Corisco Bay. III. Miscellaneous. The Ad Hoc Commission established a sub-commission of experts from both delegations to study in detail the delimitation of the maritime boundaries between the Republic of Equatorial Guinea and the Gabonese Republic. The sub-commission of experts was chaired, on Equatorial Guinea’s side, by Mr. ALEJANDRO EVUNA OWONO ASANGONO, Secretary General of the Ministry of Foreign Affairs and Cooperation. EG 0321_T WATER STREET TRANSLATIONS
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TRANSLATION The Gabonese delegation, on the other hand, was chaired by Mr. René NDEMEZO’O, Advisor to the Minister of State, Minister of Territorial Administration and Local Authorities. Point Two – Delimitation of the Maritime Boundary between the Republic of Equatorial Guinea and the Gabonese Republic. Both parties have reaffirmed a series of principles and basic criteria to be used in delimiting the maritime boundary between the Republic of Equatorial Guinea and the Gabonese Republic, in particular the following: a) The principle of acceptance of the borders inherited from the former colonial powers (Treaty of Paris of 1900). b) The principle of applying law of the sea international conventions that have been ratified and accepted by the States. c) Respect for States’ sovereignty over their respective national territories. Based on these principles, and in accordance with the criteria of equidistance, Equatorial Guinea presented a layout of the baselines to be used to determine its territorial sea in Corisco Bay, connecting the following points: From Cabo San Juan (Corisco) From Punta Ugoni to Punta Yake, passing through Leva From Punta Yake to Punta Masaka (Elobey Grande) From Punta Masaka to Elobey Chico, and From Elobey Chico to Punta Yake (Rio Muni’s Coast). EG 0322_T WATER STREET TRANSLATIONS
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TRANSLATION Gabon indicated that the points establishing the baseline of its territorial waters in Corisco Bay pass through the following points: From Cabo Estarias to Mbañe From Mbañe to Cocobeach Equatorial Guinea rejected the baseline that Gabon presented, since it passes through Mbañe Island, which, according to them, is an integral part of the Republic of Equatorial Guinea’s national territory, as well as the islets of Leva, Hoco, Conga, and Cocoteros. Gabon rejected Equatorial Guinea’s allegations and affirmed that Mbañe Island, as well as the islets of Leva, Hoco, Conga, and Cocoteros, constitute an integral part of Gabonese territory. Regarding the maritime boundaries between the Equatoguinean territory of Annobon Island and Gabonese territory, both parties agreed that they did not pose any particular difficulty and that the maritime boundaries would be determined in accordance with the Jamaica Convention’s provisions. Point Three. Miscellaneous No issue under this point has been raised for the Ad Hoc Commission’s consideration. Both parties were pleased with the spirit of dialogue, understanding, and mutual respect that prevailed during the work. EG 0323_T WATER STREET TRANSLATIONS
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TRANSLATION The Gabonese delegation thanked the Government and people of the Republic of Equatorial Guinea for the hospitality, warm welcome, and all of the facilities provided to them during their stay in Bata—which has been a true reflection of the excellent friendship and fraternity between the brotherly countries and between Presidents OBIANG NGUEMA MBASOGO and EL HADJ OMAR BONGO. Done in Bata, on the sixteenth day of November of the year nineteen eighty-five, in two versions in French and Spanish, with both being equally valid. For the delegation of Equatorial Guinea For the Gabonese delegation [signature] [signature] FORTUNATO NZAMBI NACHINDE RICHARD NGUEMA BEKALE EG 0324_T 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 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
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Republic of Equatorial Guinea, French Minutes of the Gabon-Equatorial Guinea Ad Hoc Commission Responsible for the Delimitation of the Maritime Boundary in the Bay of Corisco Between the Republic of Gabon and the Republic of Equatorial Guinea, Bata (10 – 16 November 1985)
TRANSLATION[initials][initials]WATER STREET TRANSLATIONSMINUTESOF THE “AD HOC” GABON-EQUATORIAL GUINEACOMMISSION CHARGED WITH DEFININGTHE MARITIME BORDER IN CORISCO BAYBETWEEN THE GABONESE REPUBLIC AND THEREPUBLIC OF EQUATORIAL GUINEA-=-=-=-=-=-=-=-=-=-(BATA, November 10-16, 1985)In accordance with the wishes of the two Governments and Heads of State, their Excellencies EL HADJ OMAR BONGO, President of the Gabonese Republic and OBIANG NGUEMA MBASOGO, President of the Republic of Equatorial Guinea, an ad hoc commission for defining the maritime border between Gabon and Equatorial Guinea in Corisco Bay met in Bata onNovember 10-16, 1985.The Gabonese delegation was led by H.E.Mr. Richard NGUEMA BEKALE, Minister of State, Minister of Territorial Administration and Local CommunitiesIt further included:H.E. Hubert OKOUMAAmbassador of Gabon to Equatorial GuineaMessrs. -Joseph OBIANG NDOUTOUMEConsul General of Gabon in Bata-René NDEMEZO’OAdvisor to the Minister of State, Minister of Territorial Administrationand Local Communities-Victor MPIRAAdvisor to the Prime Minister-Claude Alexis AKEDirector of Documentation andBorders for the Ministry of TerritorialAdministration and Local Communities-André SMITHForeign Affairs Advisor to theMinistry of Foreign Affairs andCooperationEG0455_T
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TRANSLATION [initials][initials]WATER STREET TRANSLATIONSMs. Jacqueline BENGA-MEYEFirst Secretary into the Embassyof Gabon and Equatorial Guinea-Christine EFIRESecretary to the Consulate General ofGabon in BataThe Equatoguinean delegation was led by H.E. Mr. Fortunato ZAMBI MACHINDE, Minister of Industry, Commerceand the Promotion of Small and Medium EnterprisesIt further included:H.E. Juan OLO MBADeputy Minister to the Presidency,Responsible forMines and HydrocarbonsMessrs. -Mariano NSUE NGUEMAAdvisor to the Presidency on SocialMatters-Sicinio MBANA NSOROAmbassador Extraordinary andPlenipotentiary of the Republic ofEquatorial Guinea tothe GaboneseRepublic-Alejandro EVUNA OWONOSecretary General to the Ministry ofForeign Relations and Cooperation-Pastor MICHA ONDODirector General of Mines andHydrocarbons-Francisco NDONGO OVONODirector General to the Ministry ofWaters and Forests and Reforestation-Alberto ABAGA ONDO BINDANG Director General of TerritorialAdministration-Mariano EBANG ANGUESOMO Head of the Africa, Asia and AustraliaSection of the Ministry of Foreign Relations and Cooperation-Raphaël BONEKE CAMATopographer for the Ministry of PublicWorks, Habitation and Urban Planning-Enrique CHOCHI RIBABOSurveying Engineer for the Ministry ofNational Defense-Victorino NCA OBIANGInterpreter-Anacleto ALOGOOfficial in the Foreign Affairs MinistryEG0456_T
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TRANSLATION [initials][initials]WATER STREET TRANSLATIONSBoth delegation Heads gavewelcome and thank-you speeches,which are attached in the appendix to these minutes.The “ad hoc” commission adopted the agenda after the amendment raised by the Gabonese Party under the second item entitled: “Examination of thejurisdictional waters of Corisco Bay proposed by the Equatoguinean Party by: Definition of the Maritime Border between the Gabonese Republic and the Republic of Equatorial Guinea.”The agenda consisted of the following items:I–Opening discussionsII–Defining the maritime borders between Gabon and Equatorial GuineaIII–MiscellaneousThe “ad hoc” commission commissioned a sub-commission of experts.This sub-commission was presided over for the Gabonese Party by Mr. René NDEMEZO’O, Advisor to theMinister of State, Minister of Territorial Administration and Local Communities and, for the Equatoguinean Party, by Mr. Alejandro EVUNA OWONO, Secretary General of the Ministry of Foreign Affairs and Cooperation.II–DEFINITION OF THE MARITIME BORDER BETWEEN THE GABONESE REPUBLIC AND THE REPUBLIC OF EQUATORIAL GUINEABoth parties reaffirmed a series of principles and basic criteria that would serve to define the maritime border between the two countries, in particular:-The principle of respect for the borders inherited from colonization, in particular,the convention of 1900.-The respect for international conventions that have been duly ratified, in particular,the convention on maritime law.-The respect for the sovereignty of eachState on its own territory.On the basis of these principles and according to the criterion of equidistance, the Equatoguinean Party presented the drawing of its baseline which serves to define the Equatoguinean territorial sea in Corisco Bay.EG0457_T
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TRANSLATION[initials][initials]WATER STREET TRANSLATIONSThis line connects the following points:-Cap Saint-Jean –Ugoni Point (Corisco) –Yoke Point passing throughLeva –Masaka Point (Grande Elobey) –Elobey (Petite Elobey) tothe Yeke point (Rio Muni Coast).TheGabonese Party presented the points that set the baseline of its territorial waters in Corisco Bay and which connects the following points:-Cap Estérias –Mbanié (island) –Cocobeach.The Equatoguinean Party rejected the baseline presented by the Gabonese Party because it passed through the island ofMbanié which, according to it, is an integral part of the national territory of the Republic of Equatorial Guinea, alongwith theofislets Leva –Ocho –Congaand Cocotiers.The Gabonese Party rejected these allegations. It asserted that the island of Mbanié and the isletsofLeva –Ocho –Congaand Cocotiers form an integral part of the Gabonese territory.Regarding the maritime border between the Equatoguinean territory ofthe island of Annobon and the Gabonese territory, both Parties agreed that the definition of the latter does not pose any particular difficulty and that it would be drawn in accordance with the provisions of the Jamaica convention on maritime law. III–MISCELLANEOUSNo point was raised by either Party in this category.XXXThe Parties congratulated one another on the spirit of dialogue, understanding and mutual respect that prevailed throughout the work.The Gabonese delegation offered it thanks to the Government and thepeople of Equatorial Guinea for the hospitality, warmth and welcome,and for all the care that was paid to it throughout its stay in Bata, which reflectsthe excellence of the relations of friendship and brotherhood that exist between the two brother countries,EG0458_T
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TRANSLATIONwhichisa reflection of the relationship betweentheir Heads of State, their Excellencies EL HADJ OMAR BONGO and OBIANG NGUEMA MBASOGO.DONE IN BATA, ONNOVEMBER 16, 1985In duplicate, one in the French language, one in the Spanish language, both languages being authoritative.For the Gabonese PartyFor the Equatoguinean Party[signature][signature]Richard NGUEMA BEKALE.Fortunato ZAMBI MACHINDE.EG0459_TWATER STREET TRANSLATIONS Annex 208
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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 preparedbyChristine Clay,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, LLC07/17/20_Date
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French Report of the Border Sub-Commission of the Ad-Hoc Border Commission Gabon-Equatorial Guinea (20 January 1993)
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TRANSLATION WATER STREET TRANSLATIONS I. LAND BOUNDARY I.1 After examination of the cartographic documents, the two Parties have made the following determinations: I.1.1 In the zone between the Gabonese villages of NKOM and NKOUMADZA, the Gabonese city of MEDOUNEU and its environs are located north of Parallel 1o 00’ 00” north, thus in Equatoguinean territory. I.1.2 In the zone between KYE River and meridian 11o 20’ east of Greenwich, the Gabonese village of ASSOK is located west of said meridian and thus is situated in Equatoguinean territory. I.1.3 The zone situated west of the KYE River and lying between that river and meridian 11o 20’ east of Greenwich, Gabonese territory, is administered by EQUATORIAL GUINEA. This zone lies between the Gabonese village of ASSOK or the Equatoguinean city of MONGOMO and the Gabonese village FONG-ESSANDON and the Equatoguinean village of NGONG. I.1.4 The Equatoguinean city of EBEBEYIN is located partly in Gabonese territory in the zone lying between the KYE River and meridian 11o 20’ east of Greenwich. I.2 The Gabonese Party has informed the Equatoguinean Party of the following: I.2.1 OUTEMBONI River zone The boundary as it appears on the map of EQUATORIAL GUINEA does not respect the delineation defined by the French-Spanish Convention of June 27, 1900, for the delimitation of French and Spanish possessions on the coast of the Gulf of Guinea. The Gabonese Party considers that EQUATORIAL GUINEA is occupying part of Gabonese territory. I.2.2 Zone east of the OUTEMBONI River and south of Parallel 1o 00’ 00” north Several villages administered by EQUATORIAL GUINEA are situated in this part of Gabonese territory. I.2.3 Zone south of the village ASSOK, east of meridian 11o 20’ east of Greenwich and sharing the sources of the KYE up to the basin of the WOLEU river. A movement of settlement and exploitation of this zone by Equatoguinean populations has been determined. EG 0234_T
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TRANSLATION WATER STREET TRANSLATIONS Taking into account all of the preceding, the Gabonese Party estimates the areas of occupation of the territory of each State as follows: Occupation of Equatoguinean territory by GABON: approx. 70 km2 MEDOUNEU zone: approx. 67 km2 Village of ASSOK zone: approx. 03 km2 Occupation of Gabonese territory by EQUATORIAL GUINEA: approx. 475 km2 Between the villages of ASSOK and FONG-ESSANDON: approx. 180 km2 EBEBEYIN and its environs: approx. 15 km2 OUTEMBONI River zone: approx. 90 km2 Zone situated east of the OUTEMBONI River: approx. 50 km2 Zone south of the village of ASSOK: approx. 140 km2 I.3 Observations by the Equatoguinean Party I.4 GABON – EQUATORIAL GUINEA – CAMEROON boundary The two Parties have agreed to initiate a joint procedure with the authorities of CAMEROON with a view to making a precise determination of the boundary point among the three countries. II. MARITIME BOUNDARY It was not possible to proceed to a delimitation of the maritime boundary, with each Party claiming its sovereignty over the islands of MBANIE, CONGA, and COCOTIERS. The Equatoguinean Party proposed to the Gabonese Party to submit the dispute over these islands to mediation or to international arbitration. It also indicated to the Gabonese Party that the negotiations cannot resume until the baselines of GABON no longer pass through the island of MBANIE. The Gabonese Party reaffirmed that the islands of MBANIE, CONGA, and COCOTIERS belong to Gabon and remains inclined to negotiate with a view to delimiting the maritime boundary between the two countries. EG 0235_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 preparedbyEve Hecht, a linguistwithsubstantial experience in the translation of documents fromFrench 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 attached herewith." Kent G. HeineWater Street Translations, LLC07/17/20_Date
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Report of the Border Subcommission of the Ad Hoc Commission on the Gabon-Equatorial Guinea Boundaries (20 January 1993)
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TRANSLATION EG 0242_T WATER STREET TRANSLATIONS REPORT OF THE BORDER SUB-COMMISSION OF THE AD HOC EQUATORIAL GUINEA-GABON BOUNDARY COMISSION ______________________________ THE BORDER SUB-COMMISSION OF THE AD HOC EQUATORIAL GUINEA-GABON BOUNDARY COMISSION MET IN LIBREVILLE FROM JANUARY 17-19, 1993 UNDER THE CO-LEADERSHIP OF MESSRS. - VICTOR MPIRA, PERMANENT MEMBER OF THE NATIONAL BORDER COMMISSION FOR THE GABONESE PARTY; - GUILLERMO NGUEMA ELA, MEMBER OF THE NATIONAL BORDER COMMISSION FOR THE EQUATOGUINEAN PARTY. AFTER EXAMINING THE ONLY ITEM RECORDED ON THE AGENDA CONCERNING DELIMITATION OF THE BOUNDARY BETWEEN GABON AND EQUATORIAL GUINEA, THE WORK OF THE SUB-COMMISSION YIELDED THE FOLLOWING RESULTS: [initials] [initials]
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TRANSLATION EG 0243_T WATER STREET TRANSLATIONS RECORD OF THE BORDER SUB-COMMISSION _____________ I – LAND BOUNDARIES I.1 After examining the maps, both parties have established the following: I.1.1 In the area between the Gabonese towns of NKOM NKUMADJAP, the Gabonese city of MEDUNE and its surrounding areas are located to the North of the 1° 00’ 00” parallel North, and are therefore in Equatoguinean territory. I.1.2 In the area between the KIE River and the 11° 20’ meridian East of Greenwich, the Gabonese town of ASOK is located to the West of such meridian, and is therefore settled in Equatoguinean territory. I.1.3 The area located to the West of the KIE River, between such river and the 11° 20’ meridian East of Greenwich, which is Gabonese territory, is administered by Equatorial Guinea. This area is located between the village of ASOK and the town of FONG-ESANDON in Gabon and between MONGOMO and the town of NGONG in Equatorial Guinea. I.1.4 The Equatoguinean city of EBEBIYIN is located partially within Gabonese territory, in the area between the KIE River and the 11° 20’ meridian East of Greenwich. … / / … [initials] [initials]
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TRANSLATION EG 0244_T WATER STREET TRANSLATIONS - 2 - I.2 The Gabonese party has informed the Equatoguinean party of the following: I.2.1 UTAMBONI River Area The border as it is shown on the map of Equatorial Guinea does not respect the line defined by the Franco-Spanish Convention of June 27, 1900 for delimitation of the French and Spanish possessions on the Gulf of Guinea coast. The Gabonese party believes that Equatorial Guinea is occupying a portion of Gabonese territory. I.2.2 Area to the East of the UTAMBONI River and to the South of the 1° 00’ 00” parallel North Various towns administered by Equatorial Guinea are settled within this portion of Gabonese territory. I.2.3 Area to the South of the town of ASOK, to the East of the 11° 20” meridian East of Greenwich, beginning at the source of the KIE River to the WELE River. Settlement and exploitation movements in this area by Equatoguinean populations have been confirmed. Taking into account all of the above, the Gabonese party believes that the surface areas of each State’s occupation are as set forth below: Occupation of Equatoguinean territory by Gabon: approximately 70 km². … / / … [initials] [initials]
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TRANSLATION EG 0245_T WATER STREET TRANSLATIONS - 3 - Area of MEDUNE : approximately 67 km² Area of the town of ASOK : approximately 3 km² Occupation of Gabonese territory by Equatorial Guinea: approximately 475 km²: Between the towns of ASOK and FONG-ESANDON : approximately 180 km² EBEBIYIN and its surrounding areas : approximately 15 km² UTAMBONI River Area : approximately 90 km² Area located to the East of the UTAMBONI : approximately 50 km² Area located to the South of the town of ASOK : approximately 140 km². I.3 Observations presented by the Equatoguinean Party I.3.1 With respect to the UTAMBONI River area, the Equatoguinean party notes that it is not just maps of Equatorial Guinea that show the current line of our borders in this area, but also Gabonese, French, and Spanish maps. This is a logical result of the work of the Franco-Spanish Commission responsible for demarcation of our common border on the ground, and the record of such work showed the Equatoguinean portion. This is why this issue has never been addressed in previous negotiations. Therefore, the Equatoguinean party does not recognize that it is occupying Gabonese territory in this area. I.3.2 The Equatoguinean party is unaware of the existence of any towns administered by Equatorial Guinea in the area to the East of the bank of the UTAMBONI and to the South of the 1° parallel North. … / / … [initials] [initials]
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TRANSLATION EG 0246_T WATER STREET TRANSLATIONS - 4 - I.3.3 The Equatoguinean party does not recognize settlement and exploitation movements across the 11° 20” Meridian East of Greenwich from MONGOMO to the Southern border of Gabon, as its hamlets are properly located and no irregularities are noted. I.3.4 The Equatoguinean party takes note of the surface areas calculated by the Gabonese party, while at the same time informing it that any calculation made based on maps may transmit considerable errors due to the scales of the maps. It therefore suggests that the data be obtained together on the ground for an accurate calculation. I.4 Equatoguinean proposal on settlement of the land boundary The Equatoguinean party has informed the Gabonese party that the spillover of towns from both countries across our border have not occurred due to an act of illegal occupation, but are rather situations bequeathed by the colonial powers. For this reason, it proposes that this issue be raised to the highest echelons of our countries so that a definitive boundary may be adopted. I.5 The Gabonese party has taken proper note of this proposal and will inform the Equatoguinean party of its observations. I.6 Gabon - Equatorial Guinea – Cameroon Boundary Both parties have agreed to undertake joint action together with the Cameroon authorities towards a specific determination of the point that will serve as a common border between the three countries. … / / … [initials] [initials]
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TRANSLATION EG 0247_T WATER STREET TRANSLATIONS - 5 - II - MARITIME BOUNDARY 2.1 It was not possible to proceed to determine the maritime boundary; each Party claims sovereignty over CONGA, COCOTEROS, AND MBAÑE, considered by the Gabonese party to be islands and by the Equatoguinean party to be islets. 2.2. The Equatoguinean party proposed that the Gabonese party submit the dispute over MBAÑE, CONGA, and COCOTEROS to an international mediation or arbitration. It also informed the Gabonese party that negotiations may only be restarted when the Gabonese Republic does not recognize its baseline is passing through MBAÑE, because this is part of Equatoguinean territory. 2.3 The Gabonese party reaffirmed that MBAÑE, CONGA, and COCOTEROS belong to Gabon and it is willing to negotiate towards delimitation of the maritime boundary between the two countries. [initials] [initials]
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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, LLC04/29/21_Date
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Republic of Equatorial Guinea, Report of the Border Sub-Commission Following the Meetings of the Ad hoc Border Commission Gabon-Equatorial Guinea (20 January 1993)
WATER STREET TRANSLATIONS FINAL PRESS RELEASE The Ad-Hoc GABON-EQUATORIAL GUINEA Border Committee met in Libreville, Gabonese Republic, from January 17 to 20, 1993. The Equatorial Guinean Delegation, led by His Excellency Julio Ndong Ela Mangue, Minister of Territorial Administration and Local Governments, Chairman of the National Border Committee, included, among others, the following: -Juan Olo Mba Nseng, Minister of Mines and Hydrocarbons;-Francisco Javier Ngomo Mbengono, Vice Minister of Justice andReligion, Vice Chairman of the National Border committee;-Alberto Sima Nguema Ada, Extraordinary and PlenipotetiaryAmbassador of the Republic of Equatorial Guinea in Gabon;-The Governors of Litoral, Wele Nzas, Kie Ntem and Centro Sur,as well as various experts.The Gabonese Delegation, led by His Excellency Antoine Mboubou-Miyakou, Minister of Territorial Administration, Local Governments and Decentralization, also included the following: -Martin Fidele Magnaga Minister of National Defense, Securityand Immigration;-Adrien Nkoghe-Essingone, Minister of the Habitat, PropertyRegister and Urban Planning;-*Hilaire Mathas, Extraordinary and Plenipotetiary Ambassador ofthe Gabonese Republic in Equatorial Guinea,EG 0236_T TRANSLATION
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WATER STREET TRANSLATIONS 2 - *Jean Ping, Minister of Mines, Energy and Water Resources, - The Governor of the Estuary, Wele Ntem, as well as various experts. The complete lists of both Delegations are attached hereto. The discussions between the Delegations were based on the following points: 1. BORDER DELIMITATION - Land -Maritime 2. CONSULAR AFFAIRS (EMIGRATION/IMMIGRATION) 3. OTHER ITEMS Throughout these discussions, both parties reaffirmed a certain number of principles and criteria that must be used as a basis for delimitation of common borders between the two countries, which are: - Respect of borders inherited from colonization according to the provisions of the Franco-Spanish Convention of 1900; - Respect of the international conventions to which they are signatories, especially the Convention on the Law of the Sea; - Respect of the sovereignty and territorial integrity of each State. Both parties decided to continue discussions based upon the foregoing, bearing in mind the stimulating and positive results they have obtained. EG 0237_T TRANSLATION
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WATER STREET TRANSLATIONS 3 Likewise, with regard to consular issues, both parties congratulated each other for the conclusions reached by mutual agreement with respect to the traffic of persons and goods as well as mutual legal aid cooperation. The Gabonese and Equatorial Guinean Ministers were received by: - His Excellency El Hadj Omar Bongo, President of the Gabonese Republic, Head of State, to whom the head of the Equatorial Guinean Delegation delivered a Message of Friendship and Solidarity from his brother and friend, His Excellency Obiang Nguema Mbasogo, President of the Republic of Equatorial Guinea. - His Excellency Casimir Oye-Mba, Prime Minister, Head of Government. They then made them aware of the conclusions of their work conducted in an atmosphere of understanding and friendship. The head of the Equatorial Guinean Delegation, on behalf of their colleagues, members of Government and the entire Delegation, expressed his gratitude to his Gabonese counterpart for the warm welcome and fraternal hospitality provided to them during their stay in Gabon. Both parties decided to hold the next session of the Ad-Hoc Gabon-Equatorial Guinea Border Committee in the Republic of Equatorial Guinea on a date to be scheduled by mutual agreement through diplomatic channels. EG 0238_T TRANSLATION
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WATER STREET TRANSLATIONS 4 Done in Libreville on this twentieth day of January of nineteen ninety-three, in duplicate, in French and Spanish, both original texts being equally valid. FOR THE REPUBLIC OF EQUATORIAL GUINEA [signature] Julio Ndong Ela Mangue Minister of Territorial Administration and Local Governments FOR THE GABONESE REPUBLIC [signature] Antoine Mboubou-Miyakou Minister of Territorial Administration, Local Governments and Decentralization EG 0239_T TRANSLATION
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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 Karen Brovey, 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, LLC04/30/21_Date
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The Gabonese Republic, Minutes of the Ad Hoc Border Committee, Libreville (31 January 2001) (excerpt)
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TRANSLATION AD HOC GABON/EQUATORIAL GUINEA BORDER COMMITTEE Libreville, January 29 through 31, 2001 [signature] [signature] EG 0589_T WATER STREET TRANSLATIONS AD HOC BORDER COMMITTEE GABON/EQUATORIAL GUINEA Libreville, January 29 through 31, 2001 MINUTES
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TRANSLATION AD HOC GABON/EQUATORIAL GUINEA BORDER COMMITTEE Libreville, January 29 through 31, 2001 [signature] [signature] EG 0590_T WATER STREET TRANSLATIONS At the invitation of the Government of the Gabonese Republic, a meeting of the Ad Hoc Gabon/Equatorial Guinea Border Committee was held in Libreville from January 29 through 31, 2001. The delegation of the Gabonese Republic was headed by His Excellency, Mr. Antoine Mboumbou-Miyakou, Minister of State, Minister of the Interior, Public Safety and Decentralization. The delegation of the Republic of Equatorial Guinea, in turn, was headed by His Excellency, Mr. Santiago Nsobeya Efuman Nchama, Minister of Foreign Affairs, International Cooperation and Francophony. A complete list of both delegations appears in appendices 1 and 2 to these Minutes. In the opening session, the Head of the Gabonese delegation expressed a cordial, fraternal welcome to the Equatorial Guinean delegation and the hope that their stay in Gabon will be under the best conditions. He then asked the Parties to work in compliance with the following regulations governing the legal framework of this work: - the Treaty between France and Spain dated June 27, 1900; - the United Nations Charter; - the Charter of the Organisation of African Unity - the International Convention on the Law of the Sea The participants were also urged to base their work on the principles underlying the definition and delimitation of our border, specifically: - respecting borders inherited from colonization; - respecting the sovereignty and territorial integrity of each State. 2
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TRANSLATION AD HOC GABON/EQUATORIAL GUINEA BORDER COMMITTEE Libreville, January 29 through 31, 2001 [signature] [signature] EG 0591_T WATER STREET TRANSLATIONS The head of the Equatorial Guinean delegation then took the floor and “expressed, on behalf of His Excellency, Obiang Nguema Mbasogo, President of the Republic and Founding Chairman of the Democratic Party of Equatorial Guinea, the Government and the accompanying delegation, his profound and sincere gratitude for the warm, fraternal welcome provided to his delegation. This bears witness to the excellent friendly and good neighborly relations between the two countries. He emphasized that after the last Joint Committee Meeting held on October 3 through 5, 1994, in Bata, the Equatorial Guinean delegation arrived in Libreville determined to make a positive contribution to the negotiations thanks to the political desire demonstrated by both Heads of State to do their utmost to overcome the stalemate in work regarding delimitation of the border between the two sister countries. As a result, these negotiations require a new drive and orientation to achieve our objectives in the spirit of fraternity and solidarity. He also indicated that the border must be delimited based upon legal principles, in the spirit of justice and equity that respects the legitimate interests of the two sister countries. He further noted that the time had come for us to seek definitive resolution of this dispute. This may effectively help to maintain harmonious and peaceful coexistence between present and future generations of the two countries. He again expressed the gratitude of his delegation for the warm welcome they received and hoped that the work results in a real success, in the spirit of sincerity and openness.” The work was performed in a single Committee meeting, with the following agenda: I – Maritime Border II – Land Border Before addressing the first item on the agenda, both Parties indicated that they hoped their meetings would be more frequent in the future in order to prevent too much time from elapsing between meetings.
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TRANSLATION AD HOC GABON/EQUATORIAL GUINEA BORDER COMMITTEE Libreville, January 29 through 31, 2001 [signature] [signature] EG 0592_T WATER STREET TRANSLATIONS I – Maritime Border Both Parties again confirmed the use of all legal and historic instruments necessary for equitable delimitation of their border, as indicated below: - the Treaty between France and Spain dated June 27, 1900; - the United Nations Charter; - the Charter of the Organisation of African Unity - the International Convention on the Law of the Sea The Equatorial Guinean Party proposed including the 1972 Brazzaville agreement among the information used for negotiations. Both Parties agreed to indicate in the cartographic documents selected by mutual agreement all potential work that may be used in the next meeting of the Ad Hoc Committee. The Equatorial Guinean Party presented the Gabonese Party with two work hypotheses: 1) Dividing the zone into three sectors; 2) Delimitation of the maritime border by disregarding the island of MBANIE, CONGA and COCOTIER in order to display the general panorama and trace a median line between the two territories and then examine the situation of the islands after the line is traced. The Gabonese Party in turn promised to indicate a work hypothesis on the same cartographic documents.
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TRANSLATION AD HOC GABON/EQUATORIAL GUINEA BORDER COMMITTEE Libreville, January 29 through 31, 2001 [signature] [signature] EG 0593_T WATER STREET TRANSLATIONS Nevertheless, since they did not have appropriate maps to show these hypotheses, both Parties agreed to work on the following marine maps: Maps presented by the Gabonese Party: –SHOM [French Naval Hydrographic and Oceanographic Service] (France) nautical chart no. 6183 Corisco Bay – Mondah and Muni rivers of 1960 Scale: 1/103065 – International nautical chart 2088 (7188) Atlantic Ocean – African Coast from Lagos to Gamba of 1990 Scale: 1/1,000,000 Maps presented by the Equatorial Guinean Party: – Nautical chart no. 55 North Atlantic Ocean West coast of Africa from Mbonda Point to Cabo Santa Clara (Naval Hydrographic Institute, Cadiz) 1981 Scale: 1/175,000. The cartographic documents in the possession of each of the Parties will be exchanged through diplomatic channels. The above-mentioned work hypotheses will be examined during the next meeting of the Ad Hoc Committee. II – Land Border After a constructive discussion, marked by frankness and mutual understanding, both Parties agreed to examine all issues related to the land border during the next meeting of the Ad Hoc Committee. The Gabonese Party asked the Equatorial Guinean Party to have consular issues and issues related to transborder traffic to be examined during the work of this Ad Hoc Committee.
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TRANSLATION AD HOC GABON/EQUATORIAL GUINEA BORDER COMMITTEE Libreville, January 29 through 31, 2001 [signature] [signature] EG 0594_T WATER STREET TRANSLATIONS The Equatorial Guinean Party agreed and noted that these issues warrant further examination within the Joint Gabon/Equatorial Guinea Cooperation Committee meeting. Both Parties agreed that the next meeting of the Ad Hoc Border Committee will be held in Equatorial Guinea in the second quarter of the current year, the date for which will be scheduled through diplomatic channels. Both Parties commended each other for the spirit of openness, understanding and mutual respect that prevailed throughout the work session. The Head of the Equatorial Guinean delegation thanked the Gabonese Government and people for their hospitality, warm welcome and all the accommodations that made their stay in Libreville so pleasant. This is a reflection of the excellent friendship between the two sister countries and their Presidents, Omar Bongo and Obiang Nguema Mbasogo. Done in Libreville on January 31, 2001 In two originals, in French and Spanish, both texts being equally valid. For the Gabonese Party [signature] Antoine Mboumbou-Miyakou Minister of State, Minister of the Interior, Public Safety and Decentralization For the Equatorial Guinean Party [signature] Santiago Nsobeya Efuman Nchama Minister of Foreign Affairs, International Cooperation and Francophony
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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,a linguist with substantialexperience in the translation of documents fromFrenchinto English as certifiedbytheAmericanTranslatorsAssociation (ATA).KentG.Heine,Managing Partner of Water Street Translations, LLC, hereby attests to thefollowing:“To the best of my knowledge and belief, the foregoing translation is a true, accurate, and unbiased translationinto English of the French text attached herewith."Kent G. HeineWater Street Translations, LLC04/23/21_Date
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Republic of Equatorial Guinea, Minutes of the Ad-hoc Commission on Equatorial Guinea-Gabon Borders, Malabo (23 May 2003)
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 05 UNITY, PEACE, JUSTICE MINUTES OF THE AD HOC COMMISSION ON EQUATORIAL GUINEA – GABON BORDERS The Ad Hoc Commission on Equatorial Guinea – Gabon Borders met in Malabo, capital city of the Republic of Equatorial Guinea, on May 20–23, 2003. The delegation from the Republic of Equatorial Guinea was headed by Mr. Pastor MICHA ONDO BILE, Minister of Foreign Affairs, International Cooperation and Francophonie, President of the National Borders Commission. The delegation from the Republic of Gabon was presided by Mr. Antoine de Padoue MBOUMBOU MIYAKOU, Vice Prime Minister and Minister of Cities.
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 06 During the course of the opening session, which was attended by the Vice Second Prime Minister of Government, Mr. Jeremias ONDO NGOMO, the Head of the Delegation from Equatorial Guinea—on behalf of His Excellency OBIANG NGUEMA MGASOGO, President of the Republic, head of State and Founding President of the Democratic Party of Equatorial Guinea—and on behalf of the delegation accompanying him, gave a cordial greeting and fraternal welcome to the Gabonese Delegation and expressed his desire that their stay in the capital of the Republic of Equatorial Guinea would take place in the best of conditions. He also expressed satisfaction with the fact that this meeting is a reencounter of brothers who share the same principles of International Law and of good neighborliness in their inter-state relations. Lastly, he stressed that in this meeting both parties were committed to implementing the political will of the two Heads of State, as expressed recently in Libreville on
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 07 May 2 of this year on the occasion of the working visit of His Excellency OBIANG NGUEMA MBASOGO to his counterpart and brother, His Excellency EL HADJ OMAR BONGO, President of the Republic of Gabon. For his part, the Head of the Delegation of the Republic of Gabon, in turn, thanked the Head of the Delegation of Equatorial Guinea and the people of Equatorial Guinea for the warm, brotherly reception extended to him and to the delegation accompanying him. He also asked the two delegations to work on the basis of the political will expressed by the Heads of State of the two brother countries.
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 08 During his speech, the Head of the Gabonese Delegation stated that they had been entrusted by the President of the Republic of Gabon with implementation of an agreement that entails delimitation of a maritime zone for joint exploitation of national and biological resources between the Republic of Equatorial Guinea and the Republic of Gabon. The two delegations approved the following agenda as the framework for their talks: 1. Reading of the Minutes of the meeting in Libreville on January 29–31, 2001 2. Delimitation of Boundaries: Examination of Documents and Maps. 3. Preparation of Alternative Boundary Lines. 4. Delimitation of the Joint Exploitation Zone 5. Miscellaneous Matters
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 09 UNITY, PEACE, JUSTICE – 5 – 5. Miscellaneous Matters [sic] The two parties discussed the agenda inserted. Concerning Point 2, the Gabonese Party introduced a photocopy of the 1974 Convention on the delimitation of the land and maritime border between the Republic of Gabon and the Republic of Equatorial Guinea. In response to this new document, the Party from the Republic of Equatorial Guinea expressed the following reservations: 1. The Republic of Equatorial Guinea refutes and denies the existence of the hypothetical convention delimiting the border between the Republic of Equatorial Guinea and the Republic of Gabon since 1974. Therefore, the Republic of Equatorial Guinea denies the existence of that convention and its validity.
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 10 UNITY, PEACE, JUSTICE – 6 – 2. Since the beginning of the negotiations between the Republic of Equatorial Guinea and the Republic of Gabon in 1979 to date, 2003, the Republic of Gabon has never exhibited this convention between the parties or mentioned its existence. 3. The Republic of Equatorial Guinea has been negotiating in good faith, thinking that it is working with the Republic of Gabon to try to delimit their borders, in keeping with the Franco-Spanish Treaty of 1900, the United Nations Convention on the Law of the Sea and the practice of International Law. 4. However, the Republic of Equatorial Guinea asks the Gabonese Party for the originals of the two counterparts in French and Spanish, to verify whether the convention was signed on common or official paper. Because the convention is said to have been signed in Bata, it should be drawn up on official paper of the Republic of Equatorial Guinea.
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 11 UNITY, PEACE, JUSTICE – 7 – 5. In 1974, the government at that time had imposed the authenticity of African names, so in that [handwritten: era] the President of the Republic of Equatorial Guinea of the era in question was named MASIE NGUEMA BIYOGO, not FRANCISCO MACÍAS NGUEMA BIYOGO, as appears in the alleged convention. 6. The photocopy of the convention presented by the Gabonese Party also contains an addendum that interprets Article 4 of the Spanish-French Treaty of 1900, but that addendum is not signed. 7. The government of the Republic of Equatorial Guinea has consulted the UNTREATY UNORG website (database of UN treaties) and this alleged Convention of 1974 is not registered, although Article 80 of the United Nations Convention on the Law of the Sea and the Article 120 of the United Nations Charter require registration and publication of treaties and conventions signed between states.
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 12 UNITY, PEACE, JUSTICE – 8 – 8. The delegation of the Republic of Gabon informs us that the photocopy of the Convention of 1974 was provided to them by the French government. If they [the Republic of Gabon] did not have it, all the more reason to assume that the government of Equatorial Guinea had never seen the document in question. It is also strange that the copy of a convention concluded between two states would be provided by a third state. 9. Considering that in the Verbal Note of Protest from the government of Gabon, dated September 13, 1992, the Gabonese Party based its complaint on Decree 2066/PR of December 4, 1992, through which it promulgated its baseline based on the islet of Mbañe as an argument for its claim to that islet, and not on the basis of the alleged Convention of 1974.
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 13 UNITY, PEACE, JUSTICE – 9 – During the course of the meetings, after an exchange of documents, proposals and graphic presentations of the maps concerning definition of the joint exploitation zone and annexes relating to the maritime boundary, the two delegations have agreed to: 1. Retain the mutually exchanged proposals, in order to reexamine them and inform their respective heads of state on them and the outlook they allow to make progress in the negotiations (Annexes 3 and 4). 2. Meet again in Libreville, Gabon, in no later than thirty days. The two delegations congratulated each other on the climate of understanding and cordiality that prevailed during the course of the negotiations and have reaffirmed their determination to find a solution that implements the political will of the two heads of state to establish a joint exploitation zone and to continue with the negotiations underway for the delimitation of the maritime boundary between the two brother countries.
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TRANSLATION WATER STREET TRANSLATIONS 27-05-03 14:40 240 9 3166 DTOR GRAL SEGESA->0012029868102 ECM Page 14 UNITY, PEACE, JUSTICE Drawn up in Malabo on May twenty-three, two thousand three. FOR THE REPUBLIC OF GABON FOR THE REPUBLIC OF EQUATORIAL GUINEA [No signature] [No signature] Mr. Antoine de Padoue Mr. Pastor MICHA MBOUMBOU MIYAKOU ONDO BILE
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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 linguistwith substantial experience in the translation of documents from Spanish into English ascertified by the American Translators Association.Kent G. Heine, Managing Partner of Water Street Translations, LLC, hereby attests to thefollowing:“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, LLCMarch 4,2021_Date
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The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (Retyped French-language version, as published in the UNTS Vol.2248)
TRANSLATION No. 40037 Gabon and Equatorial Guinea Convention delimiting the land and maritime boundaries of Equatorial Guinea and Gabon. Bata, 12 September 1974 Entry into force: September 12, 1974 by signature, in accordance with article 10 Authentic texts: French and Spanish Registration with the Secretariat of the United Nations: Gabon, March 2, 2004 WATER STREET TRANSLATIONS Annex 214
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TRANSLATION CONVENTION DELIMITING THE LAND AND MARITIME BOUNDARIES OF EQUATORIAL GUINEA AND GABON The President of the Gabonese Republic and The President for Life of the Republic of Equatorial Guinea, Considering that treaties and conventions are an important means of fostering peaceful cooperation between Nations, irrespective of their political regimes, Reaffirming their faith in the purposes and principles set forth in the Charter of the United Nations and in the Charter of the Organization of African Unity, Desiring to lay firm foundations for peace between their two countries, notably by definitively establishing their common land and maritime boundaries, Agreed to the following: Article I Subject to the provisions of Article 2 below, the boundary between the Republic of Equatorial Guinea and the Gabonese Republic on the coast of the Gulf of Guinea shall begin at the point where the thalweg of the Muni River intersects a straight line traced from Cocobeach point to Dieke point. It shall then proceed along the thalweg of the Muni River and of the Outemboni [Utamboni] River up to the first point at which the 1 degree north latitude crosses the latter river, and shall proceed along this parallel until it intersects the 9 degrees longitude east of Paris (11° 20' East of Greenwich). From this latter point of intersection, the second demarcation between the two States shall coincide with the 9° east of Paris meridian (11°20 east of Greenwich) until it meets the southern border of the United Republic of Cameroon. Article 2 The area of the Medouneu District located in the territory of Equatorial Guinea beyond the parallel of I° north latitude is ceded to the Gabonese Republic, and shall henceforth be an integral part of its territory. In compensation, the Gabonese Republic cedes to the Republic of Equatorial Guinea both the portion of land surrounding and including the towns of Ngong and Allen and also a one kilometer land area, one of whose peaks is the site called "carrefour international" [international crossroads]. These two portions of land, which shall have a total surface area equal to that ceded to the Gabonese Republic, shall henceforth be an integral part of the Republic of Equatorial Guinea. WATER STREET TRANSLATIONS Volume 2248, I-40037 94 Annex 214
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TRANSLATION Article 3 The High Contracting Parties recognize that Mbanie Island is an integral part of the territory of the Gabonese Republic and also that the Elobey Islands and Corisco Island are integral parts of the territory of the Republic of Equatorial Guinea. Article 4 The maritime boundary between the Republic of Equatorial Guinea and the Gabonese Republic shall be formed by a straight line parallel to latitude 1° north, starting from where the thalweg of the Muni River intersects with a straight line traced from Cocobeach point to Dieke point. However, the Republic of Equatorial Guinea is granted around the Elobey islands and Corisco Island water areas with the following dimensions: For Corisco Island: 1.5 miles to the north; 6 miles to the west; 1.5 miles to the south, meaning between Corisco and Mbagne; 1.5 miles to the east. For the Elobey Islands: 0.06 miles to the north of Elobey Chico; 1.5 miles to the west; 0.30 miles to the east; 0.30 miles to the south of Elobey Grande. Article 5 For access by sea to the Muni River as well as to the Elobey Islands and Corisco Island, Equatoguinean vessels shall enjoy, in Gabonese territorial waters, the same facilities that Gabonese vessels enjoy. The same shall apply, by way of reciprocity, to Gabonese ships in the territorial waters of Equatorial Guinea. Navigation and fishing shall be unhindered for nationals of Equatorial Guinea and Gabon in the Muni and Outemboni Rivers. Policing of navigation and fishing in those areas, in the territorial waters of Equatorial Guinea and Gabon, in the vicinity of the entrance to the Muni River, as well as other matters related to border relations and provisions relating to lighting, beaconing, water management and use shall be subject to joint arrangements between the Government of the Gabonese Republic and the Government of the Republic of Equatorial Guinea. WATER STREET TRANSLATIONS Volume 2248, I-40037 95 Annex 214
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TRANSLATION Article 6 The rights and privileges arising from article 3 of the present treaty, provided for due to the common or adjacent nature of the above-mentioned bays, outlets, rivers and territories, shall be exclusively reserved for the nationals of the High Contracting Parties, and may not in any way be transferred or granted to nationals of other countries. Article 7 Protocols shall be made, both to determine the surface area and exact limits of the land area ceded to the Gabonese Republic and that ceded to the Republic of Equatorial Guinea, and also, to specify the terms and conditions of the application of the present Convention. Article 8 Materialization of the boundaries shall be done by a team composed of representatives of both countries, in equal number, with the aid or participation, as necessary, of technicians and observers from the Organization of African Unity or any other international body, chosen by mutual agreement. Article 9 Disputes arising from the application or interpretation of the present treaty shall be submitted to a joint commission, and, if necessary, settled in accordance with Article 33 of the Charter of the United Nations. Article 10 The present Convention enters into force upon its signature. Executed at Bata, on 12 September 1974, in two originals, in the French and Spanish languages, both texts being equally authentic. ALBERT-BERNARD BONGO DON FRANCISCO MACIAS NGUEMA BIYOGO N.B. The two Heads of State agree to subsequently proceed with a new drafting of article 4 in order to bring it into conformity with the 1900 Convention. WATER STREET TRANSLATIONS Volume 2248, I-40037 96 Annex 214
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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,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, LLC09/26/21_Date
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No. 40037GabonandEquatorial GuineaConvention demarcating the land and maritime frontiers of Equatorial Guinea andGabon. Bata, 12 September 1974Entry into force: 12 September 1974 by signature, in accordance with article 10Authentic texts: French and SpanishRegistration with the Secretariat of the United Nations: Gabon, 2 March 2004GabonetGuinée équatorialeConvention délimitant les frontières terrestres et maritimes de la Guinée équatorialeet du Gabon. Bata, 12 septembre 1974Entrée en vigueur : 12 septembre 1974 par signature, conformément à l'article 10Textes authentiques : français et espagnolEnregistrement auprès du Secrétariat des Nations Unies : Gabon, 2 mars 2004
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Volume 2248, I-4003794[ FRENCHTEXT — TEXTEFRANÇAIS ]CONVENTION DÉLIMITANT LES FRONTIÈRES TERRESTRES ET MARI-TIMES DE LA GUINÉE-EQUATORIALE ET DU GABONLe Président de la République GabonaiseEt le Président à vie de la République de Guinée EquatorialeConsidérant que les traités et les conventions constituent un moyen important permet-tant de développer la coopération pacifique entre les Nations, quels que soient les régimespolitiques de celles-ci;Proclamant à nouveau leur foi dans les buts et les principes énoncés dans la Charte del'Organisation des Nations Unies ainsi que dans celle de l'Organisation de l'Unité Africaine;Désireux de jeter les bases durables de la paix entre leurs deux pays, notamment enétablissant définitivement leurs frontières terrestres et maritimes communes;Sont convenus de ce qui suit:Article lerSous réserve des dispositions de l'article 2 ci-dessous, la limite entre la République dela Guinée Equatoriale et la République Gabonaise sur la côte du golfe de Guinée partira dupoint d'intersection du thalweg de la rivière Mouni avec une ligne droite tirée de la pointeCocobeach à la pointe Diéké. Elle remontera ensuite le thalweg de la rivière Mouni et celuide la rivière Outemboni jusqu'au point où cette rivière est coupée pour la première fois parle 1er degré de latitude nord et se confondre avec ce parallèle jusqu'à son intersection avecle 9ème degré de longitude est de Paris (11o 20, est de Greenwich).De ce dernier point d'intersection, la deuxième démarcation entre les deux Etats se con-fondra avec le méridien 9 est de Paris (11o20, est de Greenwich) jusqu'à sa rencontre avecla frontière méridionale de la République Unie du Cameroun.Article 2La portion du District de Medouneu située en territoire guinéen, au-delà du parallèledu 1er degré de latitude nord, est cédée à la République Gabonaise et fera désormais partieintégrante du territoire de celle-ci.En compensation, la République Gabonaise cède à la république de Guinée Equatori-ale d'une part une portion de terre située autour des agglomérations de Ngong et Allen etcomprenant lesdites agglomérations et d'autre part une portion de terre de 1 km dont l'undes sommets est le lieu dit carrefour international. Ces deux portions de terre qui serontd'une superficie totale équivalente à celle cédée à la République Gabonaise, feront désor-mais partie intégrante de la République de Guinée Equatoriale.
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95Volume 2248, I-40037Article 3Les hautes parties contractantes reconnaissent, d'une part que l'île Mbanie fait partieintégrante du territoire de la République gabonaise, et d'autre part, que les îles Elobey etl'île Corisco font partie intégrante du territoire de la République de Guinée Equatoriale.Article 4La frontière maritime entre la République de Guinée Equatoriale et la République ga-bonaise sera constituée par une ligne droite parallèle au 1 degré de latitude nord, et partantdu point d'intersection du thalweg de la rivière Mouni avec le segment de droite tirée de lapointe Cocobeach à la pointe Diéké.Toutefois il est concédé à la République de Guinée Equatoriale, autour des îles Elobeyet de l'île Corisco, des portions d'eau dont les largeurs sont les suivantes:Pour l'île Corisco :1,5 miles au nord6 miles à l'ouest1,5 miles au sud, c'est-à-dire entre Corisco et Mbagne1,5 miles à l'estPour les îles Elobey :0,06 miles au nord d'Elobey chico1,5 miles à l'ouest0,30 miles à l'et0,30 miles au sud d'Elobey grandeArticle 5Pour l'accès par mer à la rivière Mouni ainsi qu'aux îles Elobey et Corisco, les navireséquato-guinéens jouiront, dans les eaux territoriales gabonaises, de toutes les facilités dontpourront bénéficier les navires gabonais. Il en sera de même, à titre de réciprocité, pour lesnavires gabonais dans les eaux territoriales équato-guinéennes.La navigation et la pêche seront libres pour les ressortissants équato-guinéens et gabo-nais dans les rivières Mouni et Outemboni.La police de la navigation et de la pêche dans ces parages, dans les eaux territorialeséquato-guinéennes et gabonaises, aux abords de l'entrée de la rivière Mouni, ainsi que lesautres questions relatives aux rapports entre frontaliers, les dispositions concernant l'éclai-rage, le balisage, l'aménagement et la jouissance des eaux feront l'objet d'arrangements con-certés entre le Gouvernement de la République Gabonaise et le Gouvernement de laRépublique de Guinée Equatoriale.
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Volume 2248, I-4003796Article 6Les droits et avantages qui découlent l'article 3 du présent traité étant stipulés à raisondu caractère commun ou limitrophe des baies, embouchures, rivières et territoires susmen-tionnées, seront exclusivement réservés aux ressortissants des deux hautes parties contrac-tantes et ne pourront en aucune façon être transmis ou concédés aux ressortissants d'autresnations.Article 7Des protocoles d'accord seront pris, d'une part, pour déterminer les superficies et leslimites exactes de la portion de terre cédée à la République gabonaise et celle cédée à laRépublique de Guinée Equatoriale, et, d'autre part, pour préciser les modalités d'applicationde la présente Convention.Article 8La matérialisation des frontières sera faite par une équipe composée des représentantsdes deux pays, en nombre égal, avec au besoin le concours ou la participation de tech-niciens et observateurs de l'Organisation de l'Unité Africaine ou de tout autre organisme in-ternational, choisis d'un commun accord.Article 9Les litiges nés de l'application ou de l'interprétation du présent traité seront soumis àune commission mixte paritaire, et, s'il y a lieu, réglés conformément à l'article 33 de laCharte de l'Organisation des Nations Unies.Article 10 La présente Convention entrera en vigueur dès sa signature.Fait à Bata, le 12 septembre 1974 en deux originaux, en langue française et espagnole,les deux originaux faisant également foi.ALBERT-BERNARD BONGODON FRANCISCO MACIAS NGUEMA BIYOGON.B. Les deux Chefs d'Etat conviennent de procéder ultérieurement à une nouvelle rédac-tion de l'article 4, afin de la mettre en conformité avec la Convention de 1900.
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The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (French-language photocopy)
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TRANSLATION CONVENTION DELIMITING THE LAND AND MARITIME BOUNDARIES OF EQUATORIAL GUINEA AND GABON The President of the Gabonese Republic And the President for Life of the Republic of Equatorial Guinea Considering that treaties and conventions are an important means of fostering peaceful cooperation between Nations, irrespective of their political regimes; Reaffirming their faith in the purposes and the principles set forth in the Charter of the United Nations and in the Charter of the Organization of African Unity; Desiring to lay firm foundations for peace between their two countries, notably by definitively establishing their common land and maritime boundaries; Agreed to the following: Article 1. Subject to the provisions of Article 2 below, the boundary between the Republic of Equatorial Guinea and the Gabonese Republic on the [coast] of the Gulf of Guinea shall begin at the point where the thalweg of the Muni River intersects a straight line traced from Cocobeach point to Dieke point. It shall then proceed along the thalweg of the Muni River and of the Outemboni [Utamboni] River up to the first point at which the 1 degree north latitude crosses the latter river, and shall proceed along this parallel until it intersects the 9 degrees longitude east of Paris (11° 20' East of Greenwich). From this latter point of intersection, the second demarcation between the two States shall coincide with the 9° east of Paris meridian (11° 20, east of Greenwich) until it meets the southern border of the United Republic of Cameroon. Article 2. The area of the Médouneu District located in territory of Equatorial Guinea, beyond the parallel of 1° north latitude is ceded to the Gabonese Republic and shall henceforth be an integral part of its territory. WATER STREET TRANSLATIONS
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TRANSLATION - 2 - In compensation, the Gabonese Republic cedes to the Republic of Equatorial Guinea the portion of land surrounding and including the towns of Ngong and [Allen] and also a 1 km land area, one of whose peaks is the site called “carrefour international” [international crossroads]. These two portions of land, which shall have a total surface area equal to that ceded to the Gabonese Republic, shall henceforth be an integral part of the Republic of Equatorial Guinea. Article 3. The High Contracting Parties recognize that the Mbanie Island is an integral part of the territory of the Gabonese Republic, and also that the Elobey islands and Corisco Island are integral parts of the territory of the Republic of Equatorial Guinea. Article 4. The maritime boundary between the Republic of Equatorial Guinea and the Gabonese Republic shall be formed by a straight line parallel to latitude 1° North starting from the point where the thalweg of the Muni River intersects with a straight line traced from Cocobeach point to Dieke point. However, the Republic of Equatorial Guinea is granted, around the Elobey islands and Corisco Island, water areas with the following dimensions: For the Corisco island: 1.5 miles to the north 6 miles to the west 1.5 miles to the south, meaning between Corisco and Mbagne 1.5 miles to the east For the Elobey islands: 0.06 miles to the north of Elobey Chico 1.5 miles to the west 0.30 miles to the east 0.30 miles to the south of Elobey Grande [Initials] [Initials] Article 5. For access by sea to the Muni River as well as to the Elobey Islands and Corisco Island, Equatoguinean vessels shall enjoy, in Gabonese territorial waters, the same facilities that Gabonese vessels enjoy. The same shall apply, by way of reciprocity, to Gabonese ships in the territorial waters of Equatorial Guinea. Navigation and fishing shall be unhindered for nationals [illegible] and Gabon in the Muni and Outemboni rivers. Policing of navigation and fishing in those areas, in the territorial [illegible] of Equatorial Guinea and Gabon in the vicinity of the entrance to the Muni River WATER STREET TRANSLATIONS
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- 3 - TRANSLATION as well as other matters related to borders relations and provisions relating to lighting, beaconing, water management and use shall be the subject to joint arrangements between the government of the Gabonese Republic and the government of the Republic of Equatorial Guinea. [Handwritten marginal note:] of the present convention [2 sets of initials] Article 6. The rights and privileges arising from Article 3 of the present treaty [illegible]; provided for due to the common or adjacent nature of the above-mentioned bays, outlets, rivers and territories; shall be exclusively reserved for the nationals of the High Contracting Parties, and may not in any way be transferred or granted to nationals of other countries. Article 7. Protocols shall be made both to determine the surface area and exact limits of the land area ceded to the Gabonese Republic and that ceded to the Republic of Equatorial Guinea; and also, to specify the terms and conditions of the application of the present Convention. Article 8. Materialization of the boundaries shall be done by a team composed of representatives of both countries, in equal number, with the aid or participation, as necessary, of technicians and observers from the Organization of African Unity or any other international body, chosen by mutual agreement. [Handwritten marginal note:] of the present convention [2 sets of initials] Article 9. Disputes arising from application or interpretation of the present treaty shall be submitted to a joint commission, and, if necessary, settled in accordance with Article 33 of the Charter of the United Nations Charter. Article 10. The present Convention enters into force upon its signature. Executed in Bata, September 12, 1974, in two originals, in French and Spanish language, both texts being equally authentic. [signature] [signature] Albert-Bernard Bongo Don Francisco Macias Nguema [illegible] Nota bene: The two heads of state agree to subsequently proceed with a new drafting of Article 4 in order to bring it into conformity with the 1900 Convention. 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 Bruce D. Popp, 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 attached herewith." Kent G. Heine Water Street Translations, LLC 09/26/21 Date
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The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (Retyped Spanish-language version, as published in the UNTS)
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TRANSLATION Volume 2248, I-40037 [Spanish text] CONVENTION DELIMITING THE LAND AND MARITIME BOUNDARIES OF EQUATORIAL GUINEA AND GABON THE PRESIDENT FOR LIFE OF THE REPUBLIC OF EQUATORIAL GUINEA AND THE PRESIDENT OF THE GABONESE REPUBLIC Considering that treaties and conventions are an important means of fostering peaceful cooperation between Nations, irrespective of their political regimes. Reaffirming their faith in the purposes and principles set forth in the Charter of the United Nations, and in the Charter of the Organization of African Unity; Desiring to lay firm foundations for peace between their two countries, notably by definitively establishing their common land and maritime boundaries; Agreed as follows: Article 1. Subject to the provisions of Article 2 below, the boundary between the Republic of Equatorial Guinea and the Gabonese Republic on the coast of the Gulf of Guinea shall begin at the point where the thalweg of the Muni River intersects a straight line traced from Cocobeach point to Dieke 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 1 degree north latitude crosses the latter river, and shall proceed along this parallel until it intersects the 9 degrees longitude east of Paris (11° 20' East of Greenwich). From this latter point of intersection, the second demarcation between the two States shall coincide with the 9 degrees east of Paris meridian (11° 20' East of Greenwich) until it meets the southern border of the United Republic of Cameroon. Article 2. The area of the Medunu district located in territory of Equatorial Guinea beyond the 1 degree north latitude is ceded to the Gabonese Republic and shall henceforth form an integral part of its territory. In compensation, the Gabonese Republic cedes to the Republic of Equatorial Guinea the portion of land surrounding and including the towns of Ngong and Alén; and also, a one kilometer land area, one of whose peaks [sic] is the site called “cruce internacional” [international crossing]. These two portions of land, which shall have a total surface area equivalent to that ceded to the Gabonese Republic, shall henceforth be an integral part of the Republic of Equatorial Guinea. Article 3. The High Contracting Parties recognize that Mbane Island is an integral part of the territory of the Gabonese Republic; and also, that the Elobey Islands and Corisco Island are integral parts of the territory of the Republic of Equatorial Guinea. 97 WATER STREET TRANSLATIONS
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TRANSLATION Volume 2248, I-40037 Article 4. The maritime boundary between the Republic of Equatorial Guinea and the Gabonese Republic shall formed by a straight line parallel to the latitude 1 degree north, starting from the point where the thalweg of the Muni River intersects with a straight line traced from Cocobeach point to Dieke point. However, the Republic of Equatorial Guinea is granted, around the Elobey Islands and Corisco Island, waters areas with the following dimensions: For Corisco Island: 1.5 miles to the north. 6 miles to the west [sic]. 1.5 miles to the south, meaning, between Corisco and Mbane. 1.5 miles to the east. For the Elobey Islands: 0.06 miles to the north of Elobey Chico. 1.5 miles to the west [sic]. 0.30 miles to the east. 0.30 miles to the south of Elobey Grande. Article 5: For access by sea to the Muni River, as well as to the Elobey Islands and Corisco Island, Equatoguinean vessels shall enjoy, in Gabonese territorial waters, the same facilities that Gabonese vessels enjoy. The same shall apply, by way of reciprocity, for Gabonese vessels in territorial waters of Equatorial Guinea. Navigation and fishing shall be unhindered for nationals of Equatorial Guinea and Gabon in the Muni and Utamboni rivers. Policing of navigation and fishing in those areas in territorial waters of Equatorial Guinea and Gabon at the access points of the mouth of the Muni River, as well as other matters related to border relations, provisions regarding lighting, beaconing, and water management and use--shall be subject to joint arrangement between the Government of the Republic of Equatorial Guinea and the Government of the Gabonese Republic. Article 6: The rights and privileges arising from Article 4 of this convention, provided for due to the common or adjacent nature above-mentioned bays, outlets, rivers and territories, shall be exclusively reserved for the nationals of the High Contracting Parties, and may not in any way be transferred or granted to nationals of other countries. Article 7: Protocols shall be made, both to determine the surface area and exact limits of the land area ceded to the Gabonese Republic and that ceded to the Republic of Equatorial Guinea; and also, to specify the terms and conditions of the application of the present Convention. Article 8: Materialization of the boundaries shall be done by a team composed of representatives of the both countries, in equal number. Or the aid or the participation, as necessary, of technicians and observers 98 WATER STREET TRANSLATIONS
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TRANSLATION Volume 2248, I-40037 from the Organisation of African Unity or any other international body, chosen by mutual agreement. Article 9: Disputes arising out of the application or interpretation of this Convention shall be submitted to a joint commission and, if necessary, settled in accordance with Article 33 of the Charter of the United Nations. Article 10: This Convention enters into force upon its signature. Executed in Bata, September 12, 1974, in two originals, in the French and Spanish languages, both texts being equally authentic. Albert-Bernard BONGO Francisco Macias NGUEMA BIYOGO N.B. The two heads of State agree to subsequently proceed with a new drafting of Article 4 in order to bring it into conformity with the 1900 Convention. 99 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 preparedbyEric Schwartz,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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97Volume 2248, I-40037[ SPANISH TEXT — TEXTE ESPAGNOL ]
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The Republic of Equatorial Guinea and The Gabonese Republic, Convention Delimiting the Land and Maritime Boundaries of Equatorial Guinea and Gabon (12 September 1974) (Spanish-language photocopy)
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TRANSLATION DELIMITING THE LAND AND MARITIME BOUNDARIES OF EQUATORIAL GUINEA AND GABON THE PRESIDENT FOR LIFE OF THE REPUBLIC OF EQUATORIAL GUINEA AND THE PRESIDENT OF THE GABONESE REPUBLIC Considering that treaties and conventions are an important means of fostering peaceful cooperation between Nations, irrespective of their political regimes. Reaffirming their faith in the purposes and principles set forth in the Charter of the United Nations, and in the Charter of the Organization of African Unity; Desiring to lay firm foundations for peace between their two countries, notably by definitively establishing their common land and maritime boundaries; Agreed as follows: Article 1. Subject to the provisions of Article 2 below, the boundary between the Republic of Equatorial Guinea and the Gabonese Republic on the coast of the Gulf of Guinea shall begin at the point where the thalweg of the Muni River intersects a straight line traced from Cocobeach point to Dieke 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 1 degree north latitude crosses the latter river, and shall proceed along this parallel until it intersects the 9 degrees longitude east of Paris (11° 20' East of Greenwich). From this latter point of intersection, the second demarcation between the two States shall coincide with the 9 degrees east of Paris meridian (11° 20' East of Greenwich) until it meets the southern border of the United Republic of Cameroon. Article 2. The area of the Medunu district located in territory of Equatorial Guinea beyond the 1 degree north latitude is ceded to the Gabonese Republic and shall henceforth form an integral part of its territory. In compensation, the Gabonese Republic cedes to the Republic of Equatorial Guinea, the portion of land surrounding and including the towns of Ngong and Alén; and also a one kilometer land area, one of whose peaks [sic] the site called “cruce internacional” [international crossing]. These two portions of land, which shall have a total surface area equivalent to that ceded to the Gabonese Republic, shall henceforth be an integral part of the Republic of Equatorial Guinea. Article 3. The High Contracting Parties recognize that Mbane Island is an integral part of the territory of the Gabonese Republic; and also, that the Elobey Islands and Corisco Island are an integral parts of the territory of the Republic of Equatorial Guinea. Article 4. The maritime boundary between the Republic of Equatorial Guinea and the Gabonese Republic shall be formed by a straight line parallel to the latitude 1 degree north, starting from the point where the thalweg of the Muni River intersects with a straight line traced from Cocobeach point to Dieke point. DL-EG0112_T WATER STREET TRANSLATIONS
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TRANSLATION However, the Republic of Equatorial Guinea is granted, around the Elobey Islands and Corisco Island, water areas with the following dimensions: For Corisco island: 1.5 miles to the north. 6 miles to the west. [illegible] miles to the south, meaning between Corisco and Mbane. 1.5 miles to the east. For the Elobey Islands: 0.06 miles to the north of Elobey Chico. 1.3 miles to the west. 0.30 miles to the east. 0.30 miles to the south of Elobey Grande. Article 5: For access by sea to the Muni River, as well as to the Elobey Islands and Corisco Island, Equatoguinean vessels shall enjoy, in Gabonese territorial waters, the same facilities that Gabonese ships enjoy. The same shall apply, by way of reciprocity, for Gabonese vessels in territorial waters of Equatorial Guinea. Navigation and fishing shall be unhindered for nationals of Equatorial Guinea and Gabon in the Muni and Utamboni rivers. Policing of navigation and fishing in those areas in territorial waters of Equatorial Guinea and Gabon at the access points of the mouth of the Muni River, as well as other matters related to border relations, provisions concerning lighting, beaconing, water management and use—shall be subject to joint arrangement between the Government of the Republic of Equatorial Guinea and the Government of the Gabonese Republic. Article 6: The rights and privileges arising from Article 4 of this convention, provided for due to the common or adjacent nature of the above-mentioned bays, outlets, rivers and territories, shall be exclusively reserved for the nationals of the High Contracting Parties, and may not in any way be transferred or granted to nationals of other countries. Article 7: Protocols shall be made, both to determine the surface area and exact limits of the land area ceded to the Gabonese Republic and that ceded to the Republic of Equatorial Guinea; and also, to specify the terms and conditions of the application of the present Convention. Article 8: Materialization of the boundaries shall be done by a team composed of representatives of the both countries, in equal number, with the aid or the participation, as necessary, of technicians and observers from the Organization of African Unity or any other international body. Article 9: Disputes arising out of the application or interpretation of this Convention shall be submitted to a joint commission and, if necessary, settled in accordance with Article 33 of the Charter of the United Nations. Article 10: The present Convention enters into force upon its signature. Executed in Bata, September 12, 1974, in two originals, in French and Spanish, both texts being equally authentic. [signature] [signature] DL-EG0113_T WATER STREET TRANSLATIONS [handwritten note]: [illegible] subsequently, in accordance with the 1900 Convention
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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 preparedbyEric Schwartz,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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Republic of Equatorial Guinea, Objection to the Authenticity of the Convention Before the United Nations, on the “Convention Demarcating the Land and Maritime Frontiers of Equatorial Guinea and Gabon, Bata, 12 September 1974” (18 March 2004)
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Republic of Equatorial Guinea, Second Objection Before the United Nations, on the “Convention Demarcating the Land and Maritime Frontiers of Equatorial Guinea and Gabon, Bata, 12 September 1974” (7 April 2004)
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Royal Geographical Society, “Legislation and provisions of the Central Administration”, Magazine of Colonial and Mercantile Geography, Spain (1906)
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TRANSLATION COLLECTION OF SPANISH LEGISLATION SERIES ONE PART ONE LEGISLATION PROVISIONS OF THE CENTRAL ADMINISTRATION INCLUDES: Laws, Codes, Decrees, Regulations, Instructions Royal Orders, Circulars and Resolutions of general interest ------------ OFFICIAL EDITION VOLUME XXVII VOLUME 4 OF 1906 OCTOBER – DECEMBER MADRID LEGISLATION REVIEW PRESS Ronda de Atocha, 15, centro 1906 WATER STREET TRANSLATIONS
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Article ....... Chapter.... BUDGETED CREDITS Per Per article chapter TRANSLATION DECEMBER 1906 505 Statement A BUDGET OF EXPENDITURES in the Spanish possessions of West Africa for Fiscal Year 1907. DESIGNATION OF EXPENDITURES Pesetas Pesetas Central Administration SECTION ONE 1 1 2 3 COLONIAL SECTION IN THE MINISTRY OF STATE Personnel Diplomatic or Consular Corps .................. Administrative Corps .............................. Permanent commission of the Ministry of State .................................................... 36,000 15,000 15,000 66,000 Material 1 Miscellaneous expenditures .................... 51,000 2 Obligations not determined in the budget 50,000 2 3 Preparation of tax stamps and documents .......................................... 5,000 4 Purchase of medicines for hospitals and infirmaries in the Colonies .................. 5,000 5 Inter-island communications service ....... 250,000 6 Official travel, transportation and freight . 71,500 432,500 WATER STREET TRANSLATIONS
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Article.... Chapter.... BUDGETED CREDITS Per Per article chapter TRANSLATION 506 LEGISLATION DESIGNATION OF EXPENDITURES PPesetas Pesetas Administration of the Colonies SECTION TWO 1 2 3 4 5 GOVERNMENT Personnel Governor General ....................................... Office of the Secretary of the General Government ............................................ Office of Native Guardianship [Curaduría colonial] .................................................. Office of the Deputy Governor of Bata ......... Office of the Deputy Governor of Elobey ..... 32,000 38,600 18,000 25,250 39,960 1 6 Delegation of the General Government in San Carlos .............................................. 14,600 7 Delegation of the General Government in Annobón ................................................. 8,100 8 Delegation of the General Government in Asobia ..................................................... 8,100 9 Health service 151,580 10 Postal service 33,260 11 Police service 110,855 480,305 Material 1 Office of the General Government ............... 16,000 2 Office of the Secretary of the General Government ............................................ 2,500 3 Office of Native Guardianship [Curaduría colonial] .................................................. 600 4 Office of the Deputy Governor of Bata ......... 2,250 5 Office of the Deputy Governor of Elobey ..... 9,615 2 6 Delegation of the General Government in San Carlos .............................................. 250 7 Delegation of the General Government in Annobón ................................................. 125 8 Delegation of the General Government in Asobia ..................................................... 125 9 Health service .............................................. 55,858.75 10 Postal service .............................................. 2,740 11 Police service .............................................. 38,720 128,783.75 WATER STREET TRANSLATIONS
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Article.... Chapter.... BUDGETED CREDITS Per Per article chapter TRANSLATION DECEMBER, 1906 507 DESIGNATION OF EXPENDITURES PPesetas Pesetas SECTION THREE ARMY AND NAVY Personnel 1 1 2 Military service .............................................. Naval service ................................................ 229,000 69,170 298,170 Material 2 1 2 Military service .............................................. Naval service ................................................ 101,455 17,315 118,770 SECTION FOUR GRACE AND JUSTICE Personnel 1 Administration of justice ................................ 19,950 1 2 Missions of the Fathers of the Immaculate Heart of Mary ............................................ 51,000 70,950 Material 1 Administration of justice ................................ 4,900 2 2 Missions of the Fathers of the Immaculate Heart of Mary ............................................ 11,000 15,900 SECTION FIVE PUBLIC INSTRUCTION Personnel 1 Official primary education ............................. 20,000 1 2 Girls’ schools run by women’s religious orders ....................................................... 28,000 3 School of agriculture and manual trades ....... 18,500 66,500 WATER STREET TRANSLATIONS
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Article.... Chapter.... BUDGETED CREDITS Per Per article chapter TRANSLATION 508 LEGISLATION DESIGNATION OF EXPENDITURES PPesetas Pesetas Material 2 1 2 3 4 Official primary education .............................. Schools run by missionary fathers ................. Schools run by women’s religious orders ...... School of agriculture and manual trades ....... 6,000 15,000 5,500 5,000 31,500 SECTION SIX PUBLIC WORKS AND COLONIZATION Personnel 1 1 2 Public Works ................................................. Colonization .................................................. 46,100 22,000 68,100 Material 2 1 2 Public Works ................................................. Construction and repair of public buildings ... 400,000 169,000 569,000 SECTION SEVEN TREASURY Personnel 1 Main administration of the treasury ............... 58,250 1 2 Main administration of customs ..................... 30,200 3 Customs security .......................................... 29,100 117,550 Material 2 1 2 Main administration of the treasury................ Miscellaneous expenditures .......................... 3,000 9,000 3 Contingencies ............................................... 5,000 4 Administration of Customs ............................ 3,600 20,600 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 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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L. Martín y Peinador, “Geographical Studies: Morocco and Spanish Places, Algeria, Tunisia and Tripoli, Sahara and Spanish Sahara, Spanish Mainland and Island Guinea, Moroccan Problem” (1908) (excerpt)
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TRANSLATION WATER STREET TRANSLATIONS Chapter X. Spanish Guinea. – Territory of the Muni. The part of Spanish Guinea, continental as well as insular, is made up of an equatorial belt, from near 4° North latitude, where Fernando Póo is, to near 2° South latitude, the zone where Annobón is located. These possessions are part of the large re-entering angle presented by this part of the coast of West Africa, known as the Gulf of Guinea, and called this from Portuguese Guinea to the North through Cape López to the South. It was in the middle of the XVth century that the Portuguese discovered the western and meridional African coasts and all the islands in the vicinity. The island of Fernando Póo was discovered by the voyager of that same name in 1471, who named it Formosa, but that name did not prevail. The island of Annobón was discovered on January 1, 1471 (Anno-Bon) by the Portuguese voyagers Juan de Santarén and Pedro Escobar. They belonged to Portugal until March 11, 1778, when, by virtue of a Treaty between Carlos III of Spain and María I of Portugal, the latter nation transferred them to the Spanish crown, along with all lawful rights to ports and coasts facing that island (Fernando Póo), such as the ports on the rivers of Gabaon de los Camarones, Santo Domingo de Cabo Fermoso and others in that district, and giving them, by way of compensation, the island of Santa Catalina and Colonia del Sacramento, in South America.
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TRANSLATION WATER STREET TRANSLATIONS —223— Our lawful rights to the entire African coast at the Gulf of Biafra, of which all the islands and applicable continental part were known by the name of the Biafra District, date to that time. After the Spanish-Portuguese Treaty of 1778, which formalized our rights to the Guinea possessions, the authorities in Fernando Póo, during the period from 1843 to 1882, gave a nationality card to several tribal chiefs who lived at the basin of the Muni, confirming Spanish sovereignty, making it legitimate in history and by the abovementioned Treaty. From 1874 to 1890, the renowned geographers and explorers Iradier, Ossorio, Montes de Oca, Bonelli and Valero, explored and studied the catchment areas of the Muni, Benito and Campo rivers, making new pacts with 350 indigenous chiefs, under the protection of the Africanistas Company and the Spanish Transatlántica concern. Spanish missionaries for the Heart of Mary have also always pursued their mission of exploration and colonization in those territories; from which one can deduce that the Spanish possession, today enclosed between meridians and parallels, should extend as far as the Ubanguí, at the boundaries of the Congo. Our traditional confidence in the good faith of other nations, and a bit of colonizing neglect, have caused Germany, at the North, and France, at the South, to gradually extend their sphere of primary influence, and then actual possession, of a large part of the continental region that by right has belonged to Spain; leading them to ultimately make us the almost laughable concession of what is called the Muni territory, by virtue of the aforementioned Spanish-French Treaty 1. The Spanish Possessions in intertropical Africa are: The continental part called the Territory of the Muni. [stamp: SORIA PUBLIC LIBRARY] 1 The Commission appointed for taking possession, demarcating borders and detailed information about the new territories of the Muni was comprised of: Pedro Jover, from the diplomatic corps as Royal Commissioner of Spain in West Africa; and Eladio López Vilches, the then-commander of Armed Forces Headquarters, José Gutiérrez Sobral¸ a frigate captain; Amado Ossorio, a physician and explorer; Manuel Nieves Coso and Emilio Borrajo Viñas, captains at the Armed Forces Headquarters; Federico Montaldo, a military doctor for the Navy; Enrique d’Almonte, from the Corps of Mines; Manuel María de la Escalera, a naturalist, and F. Vázquez Zafra; who carried out this important and nuanced task in the month of July 1901, with their acknowledged competency and patriotism; there were many notable conferences and articles published in the Bulletin of the Royal Geographic Society, based on the data supplied from that region.
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TRANSLATION WATER STREET TRANSLATIONS —224— The Islets of Great Elobey, Little Elobey, Bunye, Leva and Bañe. Corisco Island. Fernando Póo Island. Annobón Island. Continental Guinea.-Territory of the Muni(1) Spanish Continental Guinea, or the Territory of the Muni, forms a rectangle measuring some 125 kilometers from North to South, and just about 200 kilometers from West to East, with an approximate surface area of 25,000 square kilometers. The shoreline extends 75 to 80 miles from the mouth of the Muni River, which is the border with French Congo, to the mouth of the Campo River, which is the border with the German colony of Cameroon, with the entire coast marked with shoals and rocks, making navigation hazardous until three or four miles offshore at some sites. The boundary between the Muni Spanish possession and the colony of Cameroon is determined by part of the Campo River, from its mouth to the 10° meridian East of Greenwich, where the river penetrates the territory of that colony. [redacted] (1) The sketch of Continental Guinea is extracted from the noted map drawn by D. Enrique d’Almonte, the distinguished Spanish geographer, and member of the Committed appointed to set borders.
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TRANSLATION WATER STREET TRANSLATIONS —233— Administrative Division.—For government and administration purposes, this territory is divided into two subgovernments or districts: Nueva Bata and Elobey. The one for Bata ranges from the boundary with the Germany colony of Cameroon to the parallel that passes through the N’Dote river; and the subgovernment of Elobey extends from the previous line to the dividing line at the Muni with French Congo. By order of the Governor General of the possessions in the Gulf of Guinea dated February 22, 1907, the territory of the Muni shall be subdivided as follows: The District of Nueva Bata, is divided into three Demarcated Areas, called Campo, Nueva Bata and Benito. Boundaries of Campo: N. The boundary with the German colony of Cameroon. E. French colony of Congo. S. Envia River, spanning from its mouth along an imaginary straight line running West to East along the boundary with French Congo. W. The Atlantic Ocean. Boundaries of Nueva Bata: N. The Southern boundary of the above. E. French boundary. S. Fumana River, spanning from its mouth along an imaginary straight line running West to East to the French boundary. W. The Atlantic Ocean. Boundaries of Benito: N. The Southern boundary of the above. E. French boundary. S. The N’Dote River, spanning from its source along an imaginary straight line running West to East to the French boundary. The District of Elobey is divided into three Demarcated Areas, which are: Cape San Juan, Elobey and Asobla. Boundaries of Cape San Juan: N. The Southern boundary of the Benito demarcated area. E. French boundary. S. Punta Boote ó Negra, spanning from its tip along an imaginary straight line to Bombuanyoco mountain, and from another imaginary straight line to Mitra mountain, and then another straight line running West to East to the French boundary. W. The Atlantic Ocean.
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TRANSLATION WATER STREET TRANSLATIONS —234— Boundaries of the Elobey Demarcated Area: N. The Southern boundary of the above, to mount Mitra. E. An imaginary straight line from that mountain, in a southwesterly direction, to the mouth of the Congo River, inclusive. S. Río Muni and Corisco bay. W. The Ocean, but also including the islands of Corisco and the two Elobey islands. Boundaries of the Asobla Demarcated Area (over the Utamboni and adjacent to the boundary): N. Mount Mitra and an imaginary straight line running West to East to the French boundary. E. French boundary. S. Southern boundary of the whole territory. W. Mount Mitra and an imaginary straight line from that mountain to the mouth of the Congo River. There shall be a Delegate in each of these Demarcated Areas, except for Nueva Bata and Elobey, where the Sub-Governors for each of those Districts already reside, and they shall oversee the respective delegates. The seats or residences of those delegates shall be: Campo, in the demarcated area of the same name. Bata, in the district of Nueva Bata. Benito, in the demarcated area. Cape San Juan, ibidem. Little Elobey, the district. Asobla, in the demarcated area. Posts shall also be established in each of the seats of the demarcated areas, and at the following points: At Epole (customs), near the last bend in the Campo River. At the Aye River, in the one for Cape San Juan. At Canganie, between the Southern French boundary and the Bañe River (belonging to Asobla). At Asobla, seat, on the Utamboni, to the SE of the Bañe river lake. At the juncture of the Asobla and Utamboni rivers. The capital of the territory of the Muni should not be in Bata, which is a very ex-centric location compared to the territory as a whole, and the roadstead is too open to serve as a base for general commerce. The capital would be better situated at a convenient, safe site near the mouth of the great Benito river, which is a point that is central to the entire coast …[continues]
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TRANSLATION WATER STREET TRANSLATIONS —240— Basin of the Utamboni River………. Already on the Utamboni, before getting cut off by the boundary, are the factories of Kangañe and Ynvito, to the M’Bue estuary, or even the Bia River, before the Bongué ó M’Bung estuary, where the Utamboni river belongs to French territory, and then once again becomes Spanish at the mouth of the Mitombe, and somewhat further North, at the confluence of the M’Bung tidelands, are the villages of Abenilang, Yoñi, Umvam and Asobla, seat of the Delegation by the same name; Mebonde, with an English factory; Sokoveng, with a Spanish factory; and many other hamlets along the river. The seat of the Delegation seems like it should be in Mebonde, because is situated for bringing all the products from the basin of the Utamboni to Bañe without having to cross into the French part of the Utamboni. Central and eastern part………. There are numerous indigenous villages throughout the central and eastern part of the Spanish possession, particularly on the Mambé toward its confluence with the Bimbili. Throughout the eastern Bimbili, as well as along the Volé and its tributaries, is a densely populated zone from North to South not far from the eastern boundary of the Muni. There are quite a few towns, all different branches of the Pamue race, and numerous plantations along the vast basins of the aforementioned rivers. Production and Commerce. – A large quantity of cotton can be produced on the Muni, because its geologic soil formation conditions, climate and humidity are exactly the same as those in the French colony of Dahomey, where there has been ages-old cotton cultivation among the indigenous population of the country, and today it is being promoted by the metropolis, with the objective of shipping it to France at the military and commercial port of Kotonú. Tree varietals that produce oily almonds and palm oil trees can also be cultivated…
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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 preparedbyMaureen Colbert,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, LLC09/08/21_Date
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D. Saavedra y Magdalena, Spain in West Africa (Rio de Oro and Guinea) (1910)
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TRANSLATION WATER STREET TRANSLATIONS SPAIN IN WEST AFRICA (RÍO DE ORO AND GUINEA) BY DIEGO SAAVEDRA Y MAGDALENA FERNANDO FÉ BOOKSTORE Puerta del Sol, 15. – Madrid LEGACY OF DON JUAN DE LA CÁMARA [stamp: UNIVERSITY OF SEVILLA SCHOOL OF HUMANITIES LIBRARY] SPA 1485_T
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TRANSLATION WATER STREET TRANSLATIONS 180 …[council] of neighbors and public works, are the only structures present. This includes the town of Elobey. The lieutenant governor, the secretary, the doctor, the Colonial Guard lieutenant, a fourth official, a pharmacist, a practitioner, two religious nurses, four or five missionaries, the junior staff at the post, two or three Europeans per trading post, and as many as one hundred Indians, mostly Benga: that is the entire vanguard of the future emporium. What makes the island lively and animated is, naturally, the robust commerce the Firms established there transact through their branches on the Continent, especially those on the Muni. The Trans-Atlantic Company of Woermann, John Holt and Hatton Coockson also has numerous agencies and subagencies in the continental territories that compete, in the most good-natured way, for the country’s natural products, but especially, with true lust, for rubber. Although the Elobey Firms are very well stocked, the direct business conducted there is quite small: the consumer population is meager and the island does not have its own wealth; they do try, however, to meet its demand, but that is not what is of interest to them: their sights are on the river. Timber: bokamen yamanguila, ebony and barwood; rubber, above all; palm oil, ivory, which traders acquire from the indigenous population in their own villages in the interior and then large steamboats ford the waters of the Muni to ship them to Liverpool or Hamburg, and that is their business. After the crisis caused by the drop in rubber in European markets two years ago or so, we feared for the viability of those establishments, but with the renewal of the timber trade, where major operations are now being made, hope is restored and everyone is fervently preparing for a large expansion of trade, making numerous demands for commodities to exchange. Moving on from the island of Little Elobey to the island of Great Elobey, called that only on the basis of comparison, because even it is no larger than two square kilometers in area, despite its size, little can stop us. Covered with woodlands and nearly uninhabited, the configuration of its terrain, which is much more rugged and has elevations of perhaps 25 meters, causes its waters to form pools and fountains of this precious liquid,
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TRANSLATION WATER STREET TRANSLATIONS 181 an element its little sister lacks and, therefore, all official offices and factories on Little Elobey have cisterns. The foregoing, the presence of very high-quality stone for construction, having a small cacao plantation owned by a titular indigenous chief on the island, and being a refuge for millions of bermejizos [a type of bat], which hang from branches of the compact tree grove by day and fly to tierra firma in massive flocks come nightfall, are all there is to Great Elobey. [photo with caption: “Hatton Coockson Factory”] At 0° 55’ lat. N and 13° 1’ long. E. of Madrid, at the entry to the bay it is named for, and some eight-and-a-half miles southwest of Elobey and ten-and-a-half from Punta Mosquito, the closest site to the continental lands, is the island of Corisco. Very flat, low-lying, with small rises that their vegetation makes impossible to see from a distance, covered in grasslands, coursed by thousands of creeks that cut into its area and feed lagoons and swamps, its surface area is probably about [illegible] square kilometers. [photo with caption: “John Holt Factory”] Its shores are cloudy, full of sandy banks, accessible only to small vessels. Except for a few abrupt and rocky points along the meridional coast, its entire perimeter can be [stamp: UNIVERSITY OF SEVILLA SCHOOL OF HUMANITIES LIBRARY] SPA 1486_T
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TRANSLATION WATER STREET TRANSLATIONS 182 traversed on a wide beach of bright white, silica sand that is so pure it has been considered for use in manufacturing crystal. In proximity to Corisco are, three-quarters of a mile from its Meridional coast, the islet of Leva or Laval, and, five away toward the SE, N’Bañe island, renowned only because in the none too distant past it was the cause of discussion when some foreigners disembarked there, but it turned out to be a pleasure outing. Their location notwithstanding, these islets are of no value whatsoever due to their smallness and because they are void of any life at all. The former is not populated; the latter, famous for being overrun with rats by the thousands, is inhabited by a family whose head of household is deputized with our authority. [photo with caption: “Woermann Factory”] The settlement of Corisco, which in times when it was subject to our sovereignty had thousands of inhabitants, all Benga, has shrunk to the point that, by some counts, there are no more than 600 or 700 souls on it. Although we do, in fact, believe the Benga race is likely to disappear, we feel more comfortable estimating the approximate number of inhabitants on the island at the [illegible] that is provided with such exactness in the texts we dare not dispute. The Benga population is subject to a sui generis monarchical regime, until recently ruled by what could be called the Bonkoric dynasty, since it was Bonkoro I who requested incorporation into Spain in 1843, Bonkoro II who obtained the letter of nationality, in 1858, and Bonkoro III who, after being educated at our Missions, served on a Spanish warship[;] now holding the title of Chief of Corisco is the sympathetic Uganda, a cultured and highly-regarded man among his people, a fanatic of Spain who only laments that our Government does not have a school on the island for something other than what is taught at the Mission.
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TRANSLATION WATER STREET TRANSLATIONS 183 We have stated elsewhere our thoughts on the Benga people; we have already expressed our sorrow on seeing that, instead of thriving, it seems they are likely to disappear; we have also mentioned, albeit in passing, the cause of this; now let us enlist more attention to that people from our leaders. We believe the fertile soil of Corisco and [map of Corisco, also showing Laval island and N’Bañe islet] the population’s addiction to our sovereignty make the island very suitable for use, according to affirmation by our technicians, to grow tobacco, coconut plantations and perhaps even to raise cattle, and we hope that its inhabitants, under a more protective and careful regime, would turn the tide of its decline and be more useful for our colonizing activity. At present, despite its conditions, the only Spanish representation on the island of Corisco is that of the PP SPA 1487_T
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TRANSLATION WATER STREET TRANSLATIONS 184 Missionaries and, barely, a small contingent of the Colonial Guard. While not being too much or too little, that is not what is needed there. A docile people, an island not too far from the district capital area, it does not beg for a larger delegation of authority; an educated race, with an eye toward Libreville, it would be beneficial to provide better examples of our pedagogical range and our colonizing procedures. Its people, anxious for education and prosperity under the domination of the Spanish, and aware of the grandeur of its neighboring French colony of Gabon, where delights and joys are received, find it strange, and rightfully so, that their motherland, or adoptive motherland, if that seems more accurate, has abandoned them; they notice that their land is not cultivated, that the large business concerns have not brought their influence to bear there, which would be a boon for all, as they see happening in other African colonies; nonetheless, faithful and patient, they do not fuss, they pray. [photo with caption: “Chief Uganda”] Handsome, clothed in European wear, and many of whom speak, in addition to their own language, Spanish or French, not very properly, but with ease, their uses and customs reveal a superlative degree of civilization compared to other natives of our territories. Without having ever left Corisco or its surrounding areas, they are on par with the Liberians, Sierra Leoneans, Accrans or Lagoans, that make up the intellectual aristocracy of West Africa. Neither the Bubi of Fernando Póo, nor the Annonbonese or the Pamue, Bujeba, Kumbe, or Bapuko, etc. peoples of the Continent compare to the Benga, especially the Coriscans. More civilized, their permanency on the Continent, in full harmony with the savage Pamue, is
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TRANSLATION WATER STREET TRANSLATIONS 185 [photo with caption: “Uganda’s house in the village of Lembue”] increasingly fraught; the few individuals left of that race, or rather, that tribe, who have until now remained in the vicinity of Cape San Juan, are slowly leaving and removing to the island, their last refuge. [photo with caption: “Coriscans”] SPA 1488_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 preparedbyMaureen Colbert,a linguist with substantialexperience in the translation of documents fromSpanish 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, LLC08/31/21_Date
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L. Ramos-Izquierdo y Vivar, Geographical Desc ription and Government, Administration and Colonization of the Spanish Colonies of the Gulf of Guinea (1912)
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TRANSLATION WATER STREET TRANSLATIONS GEOGRAPHICAL DESCRIPTION AND GOVERNMENT, ADMINISTRATION AND COLONIZATION OF THE SPANISH COLONIES OF THE GULF OF GUINEA Illustrated with maps and plans created and reduced by the Engineer of Roads, Canals and Ports, Mr. Eduardo Navarro y Beltrán del Río, with photo engravings of the same, BY Luis Ramos-Izquierdo y Vivar Knight of the Military Order of Calatrava, the Order of Military Merit with Red Decoration in all its categories, the Military Order of María Cristina, the Order of Naval Merit with Red Decoration, the Civil Order of Beneficence and others. Ex Sub-Governor of the District of Bata, on the continental territory called Muni, and ex-Governor General of the same. MADRID FELIPE PEÑA CRUZ PRESS Calle de Pizarro, number 16 1912
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TRANSLATION WATER STREET TRANSLATIONS CHAPTER IV Corsico Island Located at 0°55’ North latitude and 13°1’ East longitude from Madrid and 12 miles from the coast of our continental territory, or from the point named Mosquito Point or Calatrava, and nine miles southwest from the islands Elobey-Grande and Elobey-Chico, is Corisco Island (named Mangui by the natives), which presents plains with some plateaus and has a surface area of 14 square kilometers. Its coast varies from sea level to a height of 20 to 25 meters, is steep and rocky, and its beaches have very fine white sand. The main heights are found on the northern side of the island, reaching no more than 40 meters above sea level, with a small hill called Ugani rising on the southwest side. It has a number of streams and a small swamp in the interior, situated at sea level in one of the depressions the island has, and its swamp produces some unhealthy drafts. Flora. – Its forests produce logwood, bimo, bokumo, bamboo and ramie, and cultivated areas could produce sugarcane, coconut, tobacco, cotton, rubber trees, cocoa and other products. Agriculture is currently limited to cassava, bananas and some cocoa. The fauna offers nothing especially worth mentioning, and beef cattle would be raised very well on the lands that are set aside for that purpose. Today there are some beef cattle, sheep and pigs, although not many. The natives belong to the Benga tribe which, although it was one of the most important, is now tending toward extinction; they are the most civilized, although extremely dissolute. They are intelligent, and in general they speak Spanish and French, the latter of which they have learned on
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TRANSLATION WATER STREET TRANSLATIONS 52 SPANISH COLONIES OF THE GULF OF GUINEA their frequent excursions to French Gabon, a territory which is only a few miles away from this island. For the most part, they dress in European style and they work in business, as dealers and in the service of the factories and the Europeans; they are great lovers of the sea and very handy at boat building. Many of the women, despite their bronze-black color, have pleasing features and good bodies; they also dress like Europeans in general; but a good number of them are accustomed to wearing a cloth of very bright colors that is fastened under the armpit and falls to their heels like a Roman tunic, with which they are more in character than when they are dressed in European clothing; they comb their hair very artfully, they are graceful and they have a special sweetness when speaking that makes them extremely pleasant. Many of the island’s inhabitants profess the Catholic religion, several are Protestants, and the rest are still somewhat pagan. Polygamy is normal with them, just as with inhabitants of the continent, and they still preserve some of their ancient uses, habits and customs. When someone commits an offence or a crime, the elders of the island also meet in assembly to judge them and administer justice, an act which they call “word” (judgment), as do the other natives of our possessions. The women cultivate the fields. They build their houses of bamboo, and these houses do not have the wretched appearance of the dwellings of the natives of our continental area and the islands of Fernando Póo and Annobón. The chief of this tribe, named Uganda, has a great deal of prestige among the peoples of the island, and he is very loyal to the Spanish cause and has his regular residence in the town of Lembue. The missionary fathers of the Immaculate Heart of Mary and the nuns belonging to this religious community, which is established on the island, have a good residence for the former; but not for the latter, who live in a poor wooden house. The entire official presence on the island is a Colonial Guard post. One-half mile from Corisco Island, to the south, is the islet Leva, and to the southwest, more than six miles away, is the islet Mbañe; the first of these is uninhabited, and the second is occupied only by an encampment of the Colonial Guard, the purpose of which is to exercise our sovereignty over it.
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TRANSLATION WATER STREET TRANSLATIONS CORISCO ISLAND (14 km2) Mbañe Islet
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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 preparedbyDanielle Maxson,a linguist with substantialexperience in the translation of documents fromSpanish 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, LLC08/31/21_Date
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DESCRIPCIÓNGEOGRÁFICAGOBIERNO,ADMINISTRACIÓNYCOLONIZACIÓNDELASCOLONIASESPAÑOLADEGOLFODEGUINEIlustradacon"mapasyplanoslevantadosyreducidosporelIngenierodeCaminos,CanalesyPuertosD,EduardofNavarroyBeltrándelRio,yconfotograbadosdelasmismas,PORLuisRamos-IzquierdoyVivarCaballerolaOrdenMilitarCalatrava,ladelMéritoMilitarRojacategorias,laMariaCristina,MéritoNavalRoja,laCivilBeneficenciaotras.ExSubgobernadordelDistritoBata,enterritoriocontinentaldenominadodelMuni,yGobernadorgeneralmismas.MADRIDIMPRENTADEFELIPEPEÑACRUZCallePizarro,núm,1912
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CÀPITULOIVIsladeCoriscoSituadaá0°55'latitudN.y13°1'longitudE.deMadridyá12millasdellitoraldenuestroterritoriocontinental,seadelpuntode-nominadoPuntaMosquitosCalatrava,yánuevemillasalS.O.delasislasdeElobey-GrandeyElobey-Chico,estásituadalaisladeCorisco(llamadaporlosnaturalesMangui),lacualpresentaunallanuraalgomesetadaytieneunasuperficiede14kilómetroscuadrados.Sucostavaríasobreelniveldelmarenunaalturade20áme-tros,esabruptayrocosa,ysusplayasdearenamuyfinayblanca.Susprincipalesaltitudesseencuentranensuparteseptentrional,noexcediendode40metrosdeelevaciónsobreelniveldelmar,levan-tándosealS.0.lamismaunpequeñocerrollamadoUgani.Tienenumerososarroyosenelinteriordelamismaungranpan-tano,situadoalmismoniveldelmarenunadelasdepreciacionesquetienelaisla,ycuyopantanoproducealgunascorrientesmalsanas.Flora.-Ensusbosquesseproduceelpalotinte,elbimo,elbokumc,elbambúyelramio,ysometidosácultivoseproduciríalacañadeazúcar,elcoco,eltabaco,elalgodón,elárboldelcaucho,elcacaoyotrosproductos.Elcultivoenlaactualidadestálimitadoaldelayuca,bananasyalgúncacao.SuFaunanoofrecenadadeespecialmención,yelganadovacunosecriaríamuybuenoenlosterrenosápropósitoquetieneparaello.Hoy,aunquepoco,hayalgúnganadovacuno,lanarydecerda.Susnaturales,pertenecientesálatribuBenga,quesibienfuéunadelasmásimportanteshoypropendeásuextinción,sonlosmáscivili-zados,peroenextremoviciosos.Tieneninteligencia,yengeneralha-blanelcastellanoyelfrancés,cuyoúltimoidiomahanaprendidoen
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52COLONIASESPAÑOLASDELGOLFODEGUINEAsusfrecuentesexcursioneselGabónfrancés,decuyoterritorioestáestaislaáescasasmillasdedistancia.Ensumayorpartevistenálaeuropeaysededicanalcomercio,átratantesyalserviciodelasfacto-ríasydeloseuropeos,sonmuyaficionadosálamarymuyprácticosenlaconstruccióndeembarcaciones.Lasmujeres,noobstantesucolornegrobronceado,tienenmuchasdeellasfaccionescorrectasybuenoscuerpos;vistentambién,lagene"ralidad,álaeuropea;perobuennúmerodeellassuelenllevarunclotedecoloresmuyvivos,queselosujetanpordebajodelsobacoylesllegahastalostalonesámododetúnicaromana,conlacualestánmásencarácterquevestidasálaeuropea;sepeinancongranarte,tienengraciayunadulzuraespecialalhablarquelashaceenextremosimpáticas.Enreligiónprofesanmuchosdesushabitanteslacatólica,nopocoslaprotestante,yelrestoconservatodavíaalgodepaganismo.LapoligamiausualenellosaligualqueenlosdelContinente,conservandotodavíaalgunosdesusantiguosusos,hábitosycostun-bres.Cuandoalguiencometeunafaltadelitoreunentambiénenasamblealosnotablesdelaislaparajuzgarloyadministrarjusticia,cuyoacto,aligualquelosdemásnaturalesdenuestasposesiones,ledenominan«palabra»(juicio).Elcampolocultivanlasmujeres.Constyensuscasasdebambú,lascualesnotienenelmiserableaspectoquepresentanlasviviendasdelosnaturalesdenuestrapartecontinentalislasdeFernandoPóoyAnnobón.Eljefedeestatribu,llamadoUganda,tienemuchoprestigioentrelospersonalesdeellayesmuyadictoálacausadeEspaña,teniendosuresidenciahabitualenelpueblodeLembue.LospadresmisionerosdelInmaculadoCorazóndeMaríaylasreli-giosaspertenecientesáestamismaComunidad,establecidosenlaisla,tienen,losprimeros,unabuenaresidencia;peronoasílassegundas,quehabitanunamalacasademadera.TodalamanifestaciónoficiatquehayenlaislaunpuestodelaGuardiaColonial.AmediamilladelaisladeCorisco,yalS.delamisma,seencuen-traelisloteLeva,yalS.0.,ámásdeseismillas,elisloteN'Bañe;elprimerodeellosdespoblado,yelsegundoocupadotansóloporunplantóndelaGuardiaColonial,alobjetodehacerenélefectivanues-trasoberanía.
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deCoriscoElongoIbongaHengaKalatambantaYtaksISLADECORISCO(44Km?)Beñe
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A. Balfour et. al, Further Report on Tuberculosis and Sleeping-Sickness in Equatorial Africa, League of Nations Health Organization (April 1925)
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Spanish Territories of the Gulf of Guinea, Official Gazette of the Gulf of Guinea Territories (15 March 1948)
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TRANSLATION Official [emblem] Bulletin of the Spanish Territories of the Gulf of Guinea PUBLISHED ON THE 1ST AND 15TH DAY OF EACH MONTH YEAR XLII — SANTA ISABEL, MARCH 15, 1948. NUMBER VI SUMMARY General Government of the Colony Ordinance of March 12, 1948 on long-term leasing of lands — Page 58. Regulation for the School Districts of these Territories — Pages 58 to 60. Notice granting rights for clearing of industrial plots of land for “Productos Agrícolas y Derivados S.A.” — Page 60. Another one, granting rights for clearing of land at the discretion of indigenous person Pedro Paz — Page 61. Council of Residents Edicts — Page 61. Urban Construction Announcements of urban plots — Pages 61 to 65. Main Postal Administration Announcement on overseas postal communications. — Page 65. Official and Private Announcements and those of the Administration of Justice. — Pages 65 to 68. WATER STREET TRANSLATIONS
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TRANSLATION —58— Official Bulletin of March 15, 1948 General Government of the Colony ORDINANCE Doubts have arisen over the interpretation of the Ordinance of this General Government dated October 25 of last year regarding the long-term leasing of land, in relation to what is provided in the General Regulation on Direct Taxes of these Territories, approved by the Order of December 27 of 1946. This is because the first of them states that the leased lands shall pay a fee of 75% of what would correspond to them to pay as a contribution to the State for an urban contribution. On the other hand, the second of them says that the only lands that will be considered urban plots are the lands contained within the urban perimeter of the towns of Santa Isabel, San Carlos, Concepción, Bata, Rio Benito, Kogo, Niefang, Mikomeseng, and Ebibiyín, or of any other that is declared an urban center and whose perimeter is set for tax purposes. Therefore, until said declaration is made, and for purposes of bringing the situation created by the first Ordinance cited above in line with the relations that the leased lands are to have with the Public Treasury for tax purposes, I hereby rule as follows: Article One. The lands granted through a lease in accordance with the Ordinance of October 25, 1947, shall pay the percentage fee resulting from the bidding process that would be paid by the leased land as an urban contribution, notwithstanding the fact that the contribution to be paid by the lessees shall be the one corresponding to the fiscal reality of the land granted. Article Two. Given the current development of the Cities of Santa Isabel and Bata, provisionally, and up until the new fiscal registries are approved, the land delimited by a line situated five hundred meters from the urban zone indicated in the most recent roads/fiscal parceling map shall be considered a Zone of Expansion for regulatory purposes, such that lands granted in said Zone shall be considered urban plots and taxed as such. Article Three. As the new fiscal registries of the various locales of the Colony become approved, or new population centers become designated as urban perimeters, the leased lands shall automatically be reclassified as urban plots and shall be taxed as such, even though the rent or fee paid on them shall continue to be the same, on account as being calculated on such basis. Santa Isabel, March 12, 1948, The Governor General, Juan Maria Bonelli Regulation for the School Districts of These Territories The current Educational Statute, in several of its foundational points, states the need to establish school districts or school zones (coinciding, to the extent possible, with the territorial divisions) in order to achieve a perfect control and an effective Educational orientation. To date, problems of various natures, which have now been completely overcome, have impeded the implementation of this educational reorganization, which is so necessary and important for the purposes that are proposed for the current orientation of this Service. Therefore, we order as follows: First. The Spanish Territories of the Gulf of Guinea, with respect to their educational organization, are divided into the following School Districts. Those Districts, in a given territorial area, group the Schools situated within them, and shall be governed, depending upon their classification, by Auxiliaries, Teachers, Teachers with an Associate Degree, and Primary School Teachers, whether European or native. Second. These School Districts are: A) On the Island of Fernando Poo 1. Santa Isabel, which shall group together the primary and secondary schools of Zaragoza, Basupú, Botonós, Batikopo, Western Basakato, Rebola, (primary and secondary School Group.). All schools of the Capital shall be under the direct control of the Directorship/Inspectorship of Education. 2. San Carlos, with the primary and secondary Schools of the same City; those of Belebú, Balachá, Ureka, Musola, Mueri, and Moka. 3. Laka, with the primary and secondary schools established in that town, those of Basuala, Eastern Basakato, Bariobé, Bososo, Bakake, and Bahó. B) In Continental Guinea. 1. Bata District, the entirety of which shall be under the direct control of the Assistant Inspector of Education, WATER STREET TRANSLATIONS
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TRANSLATION Official Bulletin of March 15, 1948 —59— and which shall group the primary and secondary Schools established in the City and towns of Tika, Punta Mbonda, Asok, Alúm, Yengue, Bindung, and Mínkán. It shall also include those of Corisco and Annobón. 2. Río Benito, which shall group the primary and secondary schools of the same city and those established in the towns of Bolondo, Mongola, Nume, Bitika, Igombegombe, Bonobono, Kogó, and Edjuba. 3. Niefan, which shall group the primary and secondary Schools established in the District capital and that of Mongó. 4. Mikomeseg, with the primary and secondary Schools established in the District capital and in the towns of Mbé, Efulán, and Añisok. 5. Ebebiyín, with the primary and secondary Schools established in Biyabiyan, Okong, Alén, Mongomo, and Nsork. 6. Evinayon, which shall group the primary and secondary Schools established in the District capital and those of Akurenán, Bikurga, and Bisobinám. Third. In the headquarter city of each School District, which shall always coincide, if possible, with the capital of the respective Territorial Administration, there shall be a District School of both sexes, organized under a School Group regime divided into grades, whose Principal must be a Primary School Teacher, whether male or female and European or native, who shall be in charge of its Secondary School. The remaining grades of the Group (organized in accordance with the legislation in effect) shall be served by Teachers with an Associate Degree from the Escuela Superior Indígena [Native Institute of Higher Education] One of them shall be designated as Secretary of the Administrative Area and of the Group and shall replace the Headmaster/ Principal in his or her absences. In those cases where the Administrative Area is served by a European female Teacher and there is no male Teacher of the same class, the alternate male Teacher over whom she has control shall be in control of the District’s primary Schools. In exceptional cases the alternates for any of the Headmasters/Principals may be an Auxiliary/Teacher of recognized solvency and professional formation. Fourth. All of the newly created Schools, whether primary or secondary, will be affiliated to the School District in whose territorial area they are located Fifth. The Headmaster Teachers, as such, shall have the following functions: a) To interact with the Territorial Administrator and other local Authorities or Bodies of the Demarcation in which the School District is located, on everything over which the School has jurisdiction or which benefits it. b) They shall be the obligatory channel between the Teachers and the Higher Administration for all administrative issues referring to the Schools. The Headmasters of Continental Guinea shall directly report to the Office of the Assistant Inspectorship of Education. c) They shall supervise and orient their District’s Schools in accordance with the instructions they receive from the Directorship and shall take scrupulous care to ensure compliance with any and all provisions that have been or shall be issued for the functioning of the Service. They shall be directly responsible to the Directorship/Inspectorship of the State, in general, for the School District entrusted to them. d) In order to fulfill the duties indicated in the preceding point, they shall visit all the Schools of the District at least three times each school year, on the dates or as indicated to them at the time in question by the Directorship of the Service. They shall place the mandatory report in the books that the School and the Teacher has for such purposes. Said report shall be sent on printed sheets, which shall be facilitated to them so as to inform their Superiors, and to make a record at the Directorship’s branch office. Headmasters who are overseen by the Assistant Inspectorship shall send their reports in duplicate, so that one copy will be kept on file. Sixth. In order to ensure the best administrative control of this Service, the Headmaster Teachers shall keep books, as mandated by the regulations, with the Record of incoming and outgoing documents, as well as a warehouse book if there is a deposit of materials at the Headquarters for the District’s Schools, as well as the necessary archive files. Seventh. The Headmaster Teachers shall orient and organize at one the District Schools (especially in the headquarter city) the agricultural orientation camps established as mandatory by Foundational Point VIII of the Educational Statute. For such purposes it shall request the assistance of 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 preparedbyMadeline Rios, 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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F.F. Olesa Munido, “Criminal Law Applicable to Indigenous People in the Spanish Territories of the Gulf of Guinea”, Institute of African Studies, Superior Council of Scientific Research, Madrid (1953)
TRANSLATION INSTITUTE OF AFRICAN STUDIES CRIMINAL LAW APPLICABLE TO INDIGENOUS PEOPLES IN THE SPANISH TERRITORIES OF THE GULF OF GUINEA FRANCISCO FELIPE OLESA MUÑIDO Professor at the University of Barcelona SUPERIOR COUNCIL OF SCIENTIFIC RESEARCH MADRID 1 9 5 3 [Embossed seal] BOSTON UNIVERSITY COLLEGE OF LIBERAL ARTS LIBRARY WATER STREET TRANSLATIONS Annex 226
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TRANSLATION IMPLEMENTING ACT OF 1904 The Royal Decree of July 11, 1904 (29), under the heading, Administration of Justice, orders that justice be administered on behalf of the King in keeping with the organization and special provisions governing to that effect, and it continues with the laws and precepts applicable to each case (30). The latter is in reference to the substantive law, which is limited by the statement under the heading, Rights of Private Persons, which guarantees respect (no one will be disturbed...) for religious beliefs and practices, uses and customs providing they are not contrary to morality (31) and also [respect] for native property in the manner provided by laws, uses and customs (32). In reference to organizations, it provides for the existence of a Trial and Magistrate’s Court, thus in Santa Isabel, and the number of municipal judges (33) that are considered necessary, pertaining to appeals, and, although the decree does not state it, [it also provides for] holding of criminal trials in the cases and manner determined by law; [and for] the Court of Las Palmas, Deputy Governors and the Delegate of the Government in Annobon to administer justice in their respective districts. When doubts were raised about the extent of the powers entrusted to the latter, they were answered through the Royal Ordinance of January 31, 1907 (34), which ratifies the full scope of judicial functions granted to the deputy governors of Bata and Elobey and to the Delegate of Annobon in their respective districts for as long as the courts continued to be organized as they were at the time and left the most appropriate and swift form of administering justice to the judgment of those authorities and to the circumstances of time and place. (29) MIRANDA JUNCO, AGUSTÍN: Leyes Coloniales [Colonial Laws]. Madrid, 1945. Reference 229. (30) Article 23 (31) Article 28 (32) Article 31 (33) Under the Royal Ordinance of July 27, 1905, government delegates in San Carlos, Concepción and Asobia have authority in matters of administration of justice, as municipal judges acting pursuant to the legal norms of the Colony. (34) MIRANDA JUNCO, AGUSTÍN: Leyes Coloniales [Colonial Laws]. Madrid, 1945. Reference 254. — 96 — WATER STREET TRANSLATIONS Annex 226
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TRANSLATION virtue of Article 257 of the Code of Military Justice that provides for its application to non-military crimes tried under military jurisdiction for reasons of location, among others; and which would be easily rectifiable if those courts of general jurisdiction were to try the infractions under the present law for indigenous peoples. TERRITORIAL SCOPE OF APPLICATION The outer boundary of the scope of jurisdiction for indigenous peoples is established in Article 1 of the Implementing Act of Indigenous Justice of 1938, which limits the scope to the Guinean Colony, “...it shall be administered in the Spanish Territories of the Gulf of Guinea,” a sociological habitat in which indigenous peoples retain their ethnic way of life. This rule is reaffirmed in Article 2, which organizes the territory for purposes of this justice into two districts: Fernando Poo and Continental Guinea, the latter of which includes the islets of Elobey, Corisco and adjacent islands, and Annobón. This limiting of jurisdiction to the colonial area alone is also ratified as regards the scope of the jurisprudence set by the Superior Indigenous Court, stipulating that it has this value exclusively for application within the Colony (19). The principle of territoriality is declared in the Congolese Criminal Code (20), stating the correlation between an infraction committed within the territory and the application of Congolese law, which is applied extraterritorially to Congolese indigenous people only exceptionally in the circumstances indicated in that code itself. (21) In British Africa the custom is to state under the heading, Territorial Application of this Code, that the jurisdiction of the territorial courts for the effects of the code extends to any location within the territory (22) and that the codes for territories bordering on the coast, such as Gambia and Tan- [text ends here] (19) Article 19 (20) Article 2 of the Congolese Criminal Code (21) Article 3 of the Congolese Criminal Code (22) Article 6 of the Criminal Code of Nyasaland; Article 6 of the Criminal Code of Northern Rhodesia — 146 — WATER STREET TRANSLATIONS Annex 226
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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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H. D. Hedberg, “Summary of Wildcat Drilling in 1959” Petroleum Developments in Africa (1959)
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“Gabon-Equatorial Guinea: Next Meeting on 30 September,” Fraternité Matin: Le Grand Quotidien IvoirienNews (20 September 1972)
TRANSLATION 8th Year No. 2355 WEDNESDAY SEPTEMBER 20 1972 Management – Editing – Administration Bd. Du Générale de Gaulle, Abidjan B.P. [PO Box] 1807 – Phone: 37-44-52-53-54Advertising: Agence Havas – Abidjan B.P. 1315 – Phone 22-61-78 No. 25 F. [illegible] The major daily [newspaper] General Manager: [illegible] GABON-EQUATORIAL GUINEA Next meeting on September 30 LIBREVILLE — The Kinshasa summit meeting between Presidents Albert Bernard Bongo and Francisco Macias Nguema took place under very good conditions thanks to Presidents Mobutu Sesé Séko and Marien Ngouabi, but “we have not found a middle ground,” said President Bongo in a press conference he held late in the afternoon upon his return to Libreville. “It was suggested to me to leave the M’Banie island. I said: I am there. I am staying there,” said the Gabonese Head of State, which was met by applause from those present. In this press conference, President Bongo also said, “There has been some good and some bad, good because the spirit in which our work has developed has been constructive. Bad because small lies have been told. They are, however, things that have occurred before the Kinshasa summit and we have no need to revisit them.” President Bongo also indicated that France and Spain would be asked to specify the terms of the convention that these two countries signed on June 27, 1900, establishing the status of the islands off the coasts of Gabon and Equatorial Guinea. “Otherwise,” he added, “I will interpret this convention as I understand it.” When this information is provided, Presidents Bongo and Macias-Nguema will meet again, this time in Brazzaville, in principle before September 30. The Gabonese Head of State indicated that he approached the Kinshasa discussions, as always, in the spirit of dialogue, tolerance and peace. It is in this spirit that he asked Presidents Ngouabi and Macias-Nguema to accompany him Monday evening to Libreville, and proposed to go to Santa Isabelle himself tomorrow. But President Ngouabi was detained due to important domestic problems and President Macias-Nguema recused himself and returned directly to Equatorial Guinea. “To summarize the Gabonese position,” President Bongo concluded, and was met by applause, “for me it is not a matter of ceding even one inch of our national territory.” A large crowd met the Head of State at the Léon Mba airport, and cheered him all the way to the bâtiment d'honneur [legion of honor building] where the press conference was held. A cabinet advisor was to meet at the renovation palace that evening.WATER STREET TRANSLATIONSSPA 2225_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 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, LLC07/28/21_Date
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News Article, “Dateline Africa: Gabon Frontier Dispute Settled,” West Africa (29 September 1972)
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A. Oye Cukwurah, “The Organization of African Unity and African Territorial and Boundary Problems: 1963-1973”, 13 The Indian Journal of International Law (1973)
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M. DeLancey, “Historical Dictionary of the Republic of Cameroon,” 3rd. Ed., African Historical Dictionaries No. 81 (2000)
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“Gabon/Guinée Équatoriale: Frontières: Litiges Bientôt Réglés” La Lettre Afrique Expansion (12 February 2001)
TRANSLATION FR-EG 4570_T WATER STREET TRANSLATIONS No. 679 – MONDAY, FEBRUARY 12, 2001 THE AFRICA EXPANSION LETTER WEST AND CENTRAL AFRICA GRANDS MOULINS D’ABIDJAN: STANDOFF ON THE QUALITY OF FLOUR. The national union of bakers and pastry chefs of Côte d’Ivoire and Grands Moulins d’Abidjan (GMA) have finally put an end to the dispute that has challenged them for several years. In fact, following a complaint by bakers and pastry chefs for “abuse of trust and deception on the quality of flour,” the GMA had been sentenced by the court to pay an amount of 8 billion CFA francs to the bakers and pastry chefs. This money, that had not been paid, has simply been waived at the end of the agreement reached between the two parties to “bury the war hatchet” last January 25. This decision is in reality the result of many activities, especially training activities, that the GMA has continued to conduct on behalf of the baking profession. This ended up convincing the bakers that their dream of raising the professional level of the members of their corporation could not take shape without contribution from industry, thus explaining the return to peace, signed by the two parties. COFFEE/CACAO: ESTABLISHMENT OF A NEW FEE. The council of ministers of January 31 decided to establish a professional fee regarding coffee/cacao. This fee, intended for the “creation of funds for the development and promotion of a coffee and cacao sector producers’ fund,” was set at 35 CFA francs/kg of cacao versus 10 CFA francs per kg of coffee. From now on, the exportation of products from the coffee/cacao sector entails a payment by the exporter at the time of shipment, in addition to the registration fee and the exit tax (DUS) paid to the Government, of a fee paid to the Coffee and Cacao Regulation Authority (ARCC) and to the Coffee and Cacao Exchange (BCC). These levies will be used to replenish the development and promotion of coffee/cacao sector producers’ business funds. In this respect, the Ivorian production of cacao should not go beyond a million tons and the coffee production is set at 250,000 tons. This fee, for which the funds will be housed in the BCEAO (the Central Bank of West Africa Governments), is expected to bring in 37 billion CFA francs this year. FUEL: AN INCREASE AT THE PUMP. The cost of gas increased at the pump. From 578 CFA francs, the price for a liter of super unleaded went to 590, the price for regular unleaded went from 538 CFA francs to 550, and the price of oil gas from 370 CFA francs to 410. The Ministry of Mines and Energy justified this last increase by “the increase of the price of the barrel of oil”. In spite of its desire, in the council of ministers on January 3, “not to pass on to Ivorian consumers the regular increases of crude oil prices and the $ in order to preserve the consumer’s purchase power and to control inflation regarding the surge of the prices of oil products,” the government had to bend to the reality of the market in order to prevent the Ivorian Refining Company (SIR) from disappearing. It is so true that the price suppression applied by successive governments since 1999 has translated for this state-owned company, which has a monopoly on the importation and provision of oil products, to a treasury deficit of 37 billion CFA francs, posing an obstacle to its future. SPECIAL GABON / EQUATORIAL GUINEA BORDERS: LITIGATION SOON SETTLED Gabon and Equatorial Guinea have brought to a close, consensually, on February 1, the work of the ad hoc commission on their borders. The delegations of the two countries expressed their satisfaction through a report that focused on the maritime border. The Gabonese Minister of the Interior, Antoine Mboubou Miyakou, stated that “Gabon will not spare any effort in the sense of strengthening the historical and familial bonds that exist between the two peoples.” The head of the Equatorial Guinean delegation, Santiago Nsobeya Efuman Nchama, stressed that “the excellence of the relationship between Presidents Omar Bongo and Obiang Nguema constitutes for the Equatorial Guinean party an additional motivation to seek a fair solution to the border dispute between our two countries.” The questions related to the land border between the two countries will be debated during the next meeting in Equatorial Guinea, in the second quarter. Antoine Mboubou Miyakou and Santiago Nsobeya Efuman Nchama have, through a report, reaffirmed the use of all legal and historical instruments necessary for the equitable delimitation of their borders, namely the Franco/Spanish Convention of June 27, 1990, the Charter of the United Nations, the Charter of the Organization of African Unity (OUA), and the international convention on the law of the sea. The two parties agreed to substantiate, on the cartographic documents kept by joint agreement, all hypotheses that may be used during the next work session. The Equatorial Guinean party presented the division of the maritime border in three parts, putting aside the Mbanié, Conga, Cocotier islands, to substantiate the border between the two countries better. The situation of the islands will be examined later. Gabon and Equatorial Guinea had come close to confrontation in the 1970s following a dispute concerning the sovereignty of Corisco Island, 17 km2 wide, that the two countries claimed. Presidents Macias Nguema and Omar Bongo had not found any final settlement of this disagreement. More than a century ago, Corisco Island had been used for profitable slave trafficking that the Spaniards stopped in 1871. Corisco Island, undeveloped, is located 1 hour and 30 minutes by boat off the Gabonese coasts and is inhabited by around 150 residents. (From our correspondent in Libreville) Annex 232
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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 preparedbyJames Davis, a linguistwith substantialexperience in the translation of documents fromFrench into 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, LLC07/17/20_Date
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E.M. Yolla, Foreign Policy of Gabon, Etudes Africaines (2003)
TRANSLATION WATER STREET TRANSLATIONS EUSTACHE MANDJOUBOU YOLLA GABONESE FOREIGN POLICY African Studies African Studies L’Harmattan 5-7, rue de l’Écôle Polytechnique 75005 Paris FRANCE L’Harmattan Hungary [illegible] 1026 Budapest HUNGARY L’Harmattan Italy [illegible] [illegible] ITALY BL-EG 2071_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS [….] only 11 agents. There was the director, the two division heads, one head of research, five civil servants, and two secretaries. On that date, among the geographic departments, it was still one of the best endowed in terms of personnel. It came in second after the European Department, which had 15 agents, and before the American and Asian Departments, with 10 and 8 agents, respectively.94 It is almost a truism to say that the staff remains inadequate in face of the immensity of the task assigned to it. That, without doubt, is the cause of the use of persons outside the framework of parallel diplomacy, if it is not, on the other hand, a consequence of the important practice of this parallel diplomacy which might have resulted in the transformation of the governmental department as merely a screen. The staff of the various departments would have to be proportional to the extent of the field of expertise. Thus the Africa Department would have to be filled out so that it could at least follow the development of the diplomatic network at the continental level. II – The negotiations on the borders Gabon has land borders with three neighboring countries, Equatorial Guinea to the northwest, Cameroon to the north, and Congo to the east and south of the country. The border between Gabon and Congo is 1700 km long. Between Gabon and Equatorial Guinea the border extends over 330 km, and that with Cameroon is 240 km. Overall, this represents 2270 km of land borders for the country, as opposed to 850 km of coastline exposing the country to the Atlantic Ocean on the western front. Off these coasts, at about 350 km, are the islands of Sao Tome and Principe. In this section our focus will be on the manner in which the negotiations on these borders are conducted by the Gabonese side. But before studying the role, or rather the influence of 108 BL-EG 2072_T 94 During our second stint at MAECF during the year 2001 we were able to determine that an effort had been made with regard to recruitment. For example, the Africa Department then included 21 agents, the Asia-Pacific Department 11, and the Treaties Department 6. Annex 233
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TRANSLATION WATER STREET TRANSLATIONS various actors directly involved in these negotiations on the borders, we will recall the state of the Gabonese borders at the time of independence. A- The status of the Gabonese borders since independence95 Without going into the technical details of the delineation of the borders, what is important to note for our purposes is that the current border between Gabon and Cameroon is that which was fixed by the agreement dated April 18, 1908, between the French and the Germans.96 At the time, the parties agreed to adapt the border to the natural features. Thus the border followed the line of the tributaries of the Ntem and the Ivindo. The primary difficulty is constituted by the fact that this natural configuration of the border is not as clear over the entire length of the delineation. In certain zones the line of the border must still today be defined between Gabon and Cameroon, two states that since then have gained their independence. The border between Gabon and Equatorial Guinea dates from the Treaty of June 27, 1900, between the French and the Spanish, following claims dating from 1885 by each side to the territory between the mouth of the Ntem and that of the Muni, and that had not been brought up in Berlin in 1885. This border remains quite abstract because the natural features do not allow its lines to be actualized, aside from the fact that it includes a maritime extension. A common characteristic of all of Gabon’s borders with the neighboring countries is that they are right in the equatorial wetland zone dominated by 109 BL-EG 2073_T 95 We shall not here go into any technical details on the delineation of the borders due to our lack of knowledge of the geographic and geometric tools that served as instruments for measuring these borders. For more specifics, see Roland Pourtier, Le Gabon. Volume 1: Espace – Histoire -Société, Paris, L’Harmattan, pp. 99-137. 96 This border underwent changes, notably following the second Moroccan crisis, which erupted on July 1, 1911, with the “Agadir strike.” The agreement dated November 4, 1911, amputated 275,000 km2 from FEA to the benefit of the German colony. The north of French Gabon was part of the territory ceded. There was a return to the delineation of 1908 after the defeat of the Germans in the First World War. See Roland Pourtier, op. cit., pp. 101-104. Annex 233
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TRANSLATION WATER STREET TRANSLATIONS dense forests. With this type of contour, it is not always easy to perform any rigorous tracing along these borders, which cross this virgin forest. In 1972 the border between Gabon and Equatorial Guinea was the cause of a dispute between the two countries. It concerned the islands of Mbanié and Cocotier, which would be invaded by Gabonese gendarmes. This conflict played out against the backdrop of petroleum resources that were said to surround these islands. No solution to this crisis was found, the OAU having decided merely to maintain the status quo in this region. For some time, the two countries have undertaken diplomatic negotiations over these disputed borders. Contrary to the first two, the border between Gabon and Congo did not become international until independence in 1960. It was drawn internally by the administrative organization of the French Congo, which later became French Equatorial Africa (FEA) on January 15, 1910. This border underwent several transformations, often executed to satisfy the economic needs of the colonies. One example is the amputation from Gabon of the province of Haut-Ogooué, which was reattached in 1925 to Middle Congo, followed by its restitution to Gabon in 1946 by the order dated October 16. Roland Pourtier gives a good description of the context in which this border between Gabon and Congo was delineated. “In tracing a line of demarcation between the two states, the colonial administration did not take care to define with any rigor what was in fact merely an ‘internal border’ of convenience. It left in place the contradictions in details contained in the orders defining the limits of circumscriptions that have today acquired the status of an international border. This laxity resulted in uncertainties and border disputes.”97 These questions are all the more complex because the south and west of Gabon are not agricultural zones. In fact, geography teaches us that agriculture also has a role in covering space, which contributes to the sovereignty of the state over that space. 110 BL-EG 2074_T 97 Idem, p. 121 Annex 233
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TRANSLATION WATER STREET TRANSLATIONS The disputes between the two countries are numerous and concern the provinces of Ogooué-Ivindo, Ngounié, and Haut-Ogooué. In Ogooué-Ivindo the dispute is centered on the Djoua zone. The Ad Hoc Commission had the task of trying to determine the primary course of this river and its tributary. The Djoua (or Yenze on the Congolese side) is a river located northeast of Mékambo that serves as a border between the two countries. In the Nyanga province there is a dispute in the region of Mont Fouari, located some fifty kilometers south of the city of Ndendé. Another dispute continues between the Banio and Conkouati lagoons, the point of departure for the maritime border between the two countries. In Ngounié, the dispute is situated at the limits of the former subdivisions of Mbigou (Gabon) and Divénie (Congo). In the province of Haut-Ogooué the dispute concerns only a group of Gabonese villages located northeast of Onga and administered by Congo. At the last meeting of the joint Ad Hoc Commission on Boundaries, the Congolese side included in the negotiations the questionable collar area of Malassa and Mbomo, located northeast of Lekoni. Gabon, for its part, is ignoring the situation in this zone for the moment. In order to try to resolve all of these border disputes, the two countries have long undertaken negotiations similar to those conducted with other countries bordering on Gabon. B- The decisive role of the governmental department in the negotiations As with anything that touches on foreign policy, political power in Gabon always has an eye on border issues. Furthermore, it should not be necessary to recall that one of the primary concerns of those in government is to control all of the territory on which their authority is exerted and to defend the sovereignty of their country against outside aggression, because that sovereignty is above all territorial. Since the Congolese Civil War of 1997 the situation on the Gabonese borders has become critical due to the large number of Congolese refugees on Gabonese land. The 111 BL-EG 2075_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS situation is such that the border issues in Gabon have become extremely sensitive for political power. On a more practical level, it is the governmental departments of the Minister of the Interior, Public Safety, and Decentralization and of the MAECF that play the most significant role in negotiations on the borders. The Ministry of Defense is also involved due to the sporadic military incursions by the Congolese into Gabonese territory. If one takes, for example, the 12th session of the Gabon-Cameroon Main Joint Cooperation Commission, two representatives of the National Boundaries Commission were part of the Gabonese delegation. Over the course of this session the Gabonese delegation gave an account of the mission assigned to it by the 10th and 11th sessions of this joint commission to the French National Geographic Institute (IGN-France) for expertise. This 12th session decided to establish an ad hoc commission composed of experts from the two countries in accordance with the agreement concerning the border between Cameroon and Gabon signed at Ngaoundéré on June 14, 1976. This commission was given the assignment of specifying the delineation of the boundary where gray areas still remained. There were many meetings between Gabon and Congo on the subject of delineating the border between the two countries. At the 5th session of the Main Joint Cooperation Commission held in Brazzaville on February 4 to 7, 1985, the delegates noted disagreements on the borders, notably in the area of Mont Fouari. This is also evidenced by the convening of the Ad Hoc Commission in Libreville and Franceville from June 8 to 13, 1988, on the border between Gabon and Congo in the area of the Banio lagoon (department of Haute Banio in the province of Nyanga. The final work by the Joint Ad Hoc Boundary Commission took place in Tchibanga, the provincial capital of the province of Nyanga, from February 13 to 15, 2001. The Gabonese delegation was led by the Minister of the Interior, Antoine Mboumbou-Miyakou, assisted by the Minister for National Defense, Ali Bongo. At these meetings the main issue was the fate of the Congolese refugees. 112 BL-EG 2076_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS The question of delineating the borders was barely mentioned and its discussion tabled for a later date. In fact, due to the Congolese Civil War, Congo did not have enough time and means to devote to the problem of borders. Moreover, some relevant documents had been destroyed during the confrontations. And at the Tchibanga meeting the Congolese delegation included only one expert on border issues. The two parties agreed on a subsequent meeting in order to allow the Congolese party to reconstruct its documentation. The two parties were also supposed to jointly undertake new missions on the ground and to contact the IGN-France for aerial and satellite photos. With respect to the Gabon-Equatorial Guinea border, the last meeting of the Ad Hoc Boundaries Commission dates back to January 2001. It was held from January 29 to 31 in Libreville. The last meeting of the Main Joint Committee between the two countries dates from October 3 to 5, 1994, and that one was at Bata. As far as the maritime border is concerned, at the meeting of the Ad Hoc Commission the two parties reaffirmed the use of all the legal and historical instruments necessary for the delimitation of their border, i.e. the Franco-Spanish Treaty of June 27, 1900, the United Nations Charter, the Organizational Chart of the African Union, and the International Treaty on the Law of the Sea. The Equatoguinean party proposed that the Brazzaville Agreement of 1972 be incorporated among the elements of the negotiations. Then the two parties expressed the intent to actualize the various working hypotheses on cartographic documents. The Equatoguinean party thus presented the Gabonese party with two working hypotheses: ▪ cutting the zone into three sectors; ▪ delimitation of the maritime border, leaving aside the islands of Mbanie, Conga, and Corisco in order to visualize the general overview and trace a median line between the two territories, and then examine the situation of the islands after this delineation. 113 BL-EG 2077_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS Each of the two parties presented nautical charts to serve as a working basis. These cartographic documents are to be exchanged by diplomatic route. The examination of the working hypotheses mentioned above will be done at the next meeting of the Commission, which is supposed to take place during the second trimester of this year, 2001, in Equatorial Guinea. The examination of the problems related to the land border was deferred to the next meeting of the Commission. The Gabonese party nevertheless asked the Equatoguinean party to have the consular issues as well as those related to cross-border traffic examined in the course of this Ad Hoc Commission’s work. What is interesting here is the composition of the Gabonese delegation, which was led by Antoine Mboumbou-Miyakou, Minister of the Interior. Among the numerous Gabonese experts were those from the Ministry of the Interior and those from the MAECF. The three permanent members of the National Boundaries Commission were also present. Of 57 persons included in the Gabonese delegation, there were 5 members of government and only one representative of the President of the Republic. The rest represented the various governmental departments involved in this matter. An ad hoc commission between Gabon and Sao Tome also met from August 28 to 31, 1984, to discuss the maritime border between the two countries. An agreement was reached at this meeting, and although it has not yet been ratified by the Main Joint Commission between the two countries, there is no dispute between the two states in this regard. The two countries are separated by a coastline of approximately 350 km. Without reviewing all of the meetings held with the objective of discussing borders, what is important to note is that the agents of the Ministry of the Interior and the MAECF play a central role in this process. They bring indispensable “expertise” with which they face off against that of the neighboring country in order to arrive at a definitive solution for these disputes that, even if they touch only on small areas, are of no less concern to the governments of these states. One would not 114 BL-EG 2078_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS necessarily consider the expertise here within the technical meaning of the term. In fact, in our interviews, certain agents of the MAECF denounced the fact that there were no actual experts on the questions of borders in their ministry. To speak of experts at the MAECF is an exaggeration because the latter are not possessed of geographic, cartographic, geometric, and certainly not geodesic knowledge. Most of the time they contented themselves with making sure that their ministries were represented at meetings of the Ad Hoc Commission without being actual players in the negotiations. Contrary to the experts from the Ministry of the Interior, their expertise stemmed from the fact that they followed the development of the negotiations in order to keep their ministry informed. With regard to these border issues, two final remarks are in order. The first is that in the process of settling disputes with the neighboring countries one notices a bureaucratization of the trend that runs counter to the concept of transnationalism (which supports the theory that the central role of the state at the international level is being overtaken) which is often the case with these trends. Furthermore, the political dimension that contributes to the practice of personalization, due to its relative independence, is secondary as compared to the technical dimension required for conducting diplomatic relations in this regard. Second, the delineation occupies both states, for the present and the future. Therefore it must be based on objective criteria accepted by both parties. It must not depend solely on good personal relationships between governments to resolve the disputes, only to have them flare anew at the first change of presidents in one of the countries. Cooperation among African countries is a subject that is often neglected because the exchanges among them are poorly developed. These countries being structurally similar, particularly in the economic sphere, they tend rather to direct their exchanges toward the developed countries, which are different from them from any perspective. 115 BL-EG 2079_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS On the diplomatic level, the repercussions are all too visible. Nevertheless, the situation is evolving; certainly slowly, but also irreversibly. First because the purpose of the 1994 devaluation of the CFA franc was, among other things, to favor the development of exchanges among African countries. Furthermore, there were not insignificant exchanges between Gabon and Cameroon or Sao Tome on the subjects of education and economics. And today, regional integration is a major concern in the eyes of the leaders of these states because the trend at the global level is toward regional economic groupings. At the same time the international financial institutions urge the African states to follow this path, which currently seems to be the only that would guarantee better development in the future. On the subject of cooperation and borders, the political power, i.e. the president of the republic, maintains the upstream power of decision. Downstream, at the time the decision is prepared, the presidency cannot intervene efficaciously because it does not have the personnel to manage the many cooperation dossiers, nor does it have sufficient expertise to understand the technical aspects of borders, for example. At this stage one is obliged to maintain a minimalist concept of the influence of political power. The latter is not the antithesis of institutionalization, as is personalization, but is exercised within the legal framework as provided by basic law. What is becoming more and more clear is that personalization and institutionalization tend to complement one another in the management of the African state. Section 3: Gabonese practice of international law Besides the African states, Gabon also maintains cooperation with other countries of the world, primarily the developed countries or, to be more precise, with those countries that are considered the major political and/or economic powers on the international level. These are […] 116 BL-EG 2080_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS 3- The conduct of diplomatic negotiations on the financing of the Trans-Gabon Railway In conducting diplomatic negotiations on seeking financing for the railroad, what is remarkable is the personal investment by the Gabonese head of state. His involvement is likely to become almost physical in this matter that he seeks to realize as quickly as possible. Following the refusal of the World Bank to participate in the financing of the Trans-Gabon Railway, Omar Bongo is challenging this institution to reach the end of his project. With this challenge, Omar Bongo is making a commitment to his people to realize the Trans-Gabon Railway, and it is becoming an obsession. The consequences for the country’s foreign policy are many. First, the enrolment of Gabon’s diplomatic action in the Non-Aligned Movement is a way of contesting the omnipotence of the United States on the global financial plane. Then there is the rapprochement with the Arab countries, which went as far as conversion to Islam by Omar Bongo and some of his entourage in 1973. This attitude characterizes the president’s desire to integrate OPEC and to obtain the financing for the railway. Finally, there is an acceleration of the negotiations with France, which Omar Bongo will conduct himself, in person. One might recall that in his address upon arriving in Libreville on February 11, 1971, President Pompidou expressed only “friendly interest”98 on the part of France in the construction of the railway in Gabon. Things would then change. From December 1 to 13, 1972, Omar Bongo visited France. At lunch with the French president on December 7 the subject came up, among others, of the financing of the Trans-Gabon Railway. From May 10 to 21, 1973, the Gabonese President made another trip to France. On the 11th he met with Mr. Messmer, the prime minister, to issues of cooperation in general and the Trans-Gabon Railway in particular. It was at the end of this visit that he announced French participation […] 130 BL-EG 2081_T 98 La Politique étrangère de France. Textes et documents, 1st half of 1971, pp. 98-99. Annex 233
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TRANSLATION WATER STREET TRANSLATIONS exterior of Gabon. In order to get around this obstacle, they contented themselves with stating the existence of a department dealing with hydrocarbons in the presidency of the Republic, the presence of Omar Bongo’s “Mr. Petroleum,” who is none other than Dossou Aworet, who also has an office in the presidential palace. Moreover, the directors of Elf Gabon and those of the parent company Elf Aquitaine are received only by the presidency of the Republic and frequently by Omar Bongo himself, emphasizing the importance of oil to the latter. It is the convergence of these three situations on the same point, the presidency of the Republic of Gabon, that constitutes proof, even if it is secondary or rather fabricated. More concretely, in Gabon the CEOs of Elf Gabon are generally received only by Omar Bongo to discuss production and the company’s future. This was the case for André Tarallo, Jean-François Gavalda, and today, Michel Bénézit. The same is true for the presidents of the parent company, Elf Aquitaine, who are received in Gabon only by the highest levels of the State other then when they are on site at Port-Gentil. This was also the case for Loïk le Floch-Prigent, then Philippe Jaffré, and currently Thierry Desmarest, president of the new TotalFinaElf Group. The latter, in fact, made his first visit for the subsidiaries of the new group in Gabon because Elf Gabon is the first subsidiary of the group to be based in Africa since 1928. Elf Gabon is also the group’s largest producer on the African continent, which, in the eyes of the group’s directors and the Gabonese government, is a fundamental factor in the relations they maintain. Omar Bongo has always insisted on participating personally in the renegotiation of cooperation agreements between Gabon and France. The example of the exchanges on uranium is revealing of the Gabonese president’s desire to be personally familiar with the raw materials that, after all, contribute the recourses necessary for the State to function and for him to maintain his regime. From February 7 to 12, 1974, Omar Bongo went to Paris to renegotiate the cooperation agreements from 1960. On the 7th he 138 BL-EG 2082_T Annex 233
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TRANSLATION WATER STREET TRANSLATIONS met with Mr. Giscard d’Estaing, the French Minister of the Economy and Finance. On the 8th, during his press conference, the Gabonese president unexpectedly and brutally announced an increase in the price of natural uranium as of May 1st. “Take it or leave it,” said the Gabonese president. The threat was taken seriously, and Gabon’s mining products (petroleum, manganese, uranium), which had until then been considered “strategic” and thus tied to the defense agreement, became “commercial products of particular interest.”99 The new cooperation agreements, a total of 9 agreements, were signed by the two countries on February 12. It is true that several countries would demand the revision of the cooperation agreements with France during the presidency of Georges Pompidou. In that year, 1974, Congo signed 12 cooperation agreements with France on January 1, and Cameroon did the same on February 21. This being so, after the announcement of the increase in the price of uranium a major diplomatic shake-up took place between the French authorities and the Gabonese president. From May 13 to 14, 1974, Mr. Lipkowski, the Secretary of State for Foreign Affairs was in Gabon to talk about uranium and the railway. On a personal visit by the Gabonese president to France from June 17 to 18 of that year, he met with Mr. Giscard d’Estaing who had meanwhile become President of the Republic, and Mr. Abelin, the Minister for Cooperation, on the 17th, and then with Mr. Chirac, the Prime Minister, on the 18th. At the center of these meetings was, once again, the matter of uranium. From February 4 to 5, 1975, Omar Bongo was in France again, and on this occasion he met with Mr. Chirac and Mr. Giscard d’Estaing, and once again it was the issue of uranium that was discussed. This type of direct relationship between the French authorities and Omar Bongo around the management of uranium also exists for the other raw materials, and it would be superfluous to list them all here. 139 BL-EG 2083_T 99 Claude Wauthier, Quatre presidents et l’Afrique: De Gaulle, Pompidou, Giscard d’Estaing, Mitterrand, Paris, Editions du Seuil, 1995. p.245. Annex 233
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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 preparedbyEve Hecht, a linguistwithsubstantial experience in the translation of documents fromFrench 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 attached herewith." Kent G. HeineWater Street Translations, LLC07/17/20_Date
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“Neighbours to Explore Jointly for Oil in Disputed Waters”, The New Humanitarian (7 July 2004)
1/3July 7, 2004Neighbours to explore jointly for oil in disputed watersthenewhumanitarian.org/news/2004/07/07/neighbours-explore-jointly-oil-disputed-watersConflictNews7 July 2004Some 8.1 percent of Gabon's 1.2 million population is HIV positive. (IRIN )AIN AL-HILWEHThe leaders of Equatorial Guinea and Gabon have pledged to explore jointly for oil indisputed offshore waters while their quarrel over three small islands in Corisco Bay is settledby UN mediation.Presidents Obiang Nguema Mbasogo of Equatorial Guinea and Omar Bongo of Gabon madethe announcement on Tuesday after signing a memorandum of understanding in thepresence of UN Secretary General Kofi Annan on the sidelines of the African Union summitin Addis Ababa.The two West African leaders told journalists afterwards that in a bid to fight poverty in theircountries, they had put aside their simmering disagreement over the Corisco Bay islands.These lie just north of the Gabonese capital Libreville near the border with the continentalterritory of Equatorial Guinea.The dispute dates back to 1972 and has prevented oil companies from carrying out a fullexploration of the surrounding offshore waters.Although both countries have agreed to joint exploration, the issues over sovereignty of theirmaritime boundaries will still have to be resolved. The leaders said mediation would continueto delimit and then demarcate the territory."We need to solve this conflict so we have no further problems between us," Obiang said"The main problems are the resources of the sub-soil, the oil. We have to solve this problemof the resources in a very positive fashion," he added. "The most important question here ishow to fight against poverty with the resources both states have, how can we better use theseresources to fight against poverty."Welcoming the commitment of both leaders to resolve the dispute peacefully, Annan said:"This is a continent with lots of conflicts and I think this is an example to all the leaders thatdifferences can be resolved peacefully," he said.
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2/3Gabon and Equatorial Guinea had appealed to the UN in 2003 to help resolve their dispute,which arose from different interpretations of maps dating back to 1900.Annan has appointed Yves Fortier, a former Canadian ambassador to the United Nations, ashis Special Adviser and mediator on the issue.Both countries have enjoyed the oil bonanza of the past decade.Gabon, whose oilfields are mainly operated by the French multinational Total, is a mature oilproducer with an output of 250,000 barrels per day that is currently declining.But Equatorial Guinea, which only discovered oil in 1995, is expanding its offshore oil andgas production rapidly and has overtaken Gabon, with a daily output of around 350,000barrels.According to the Bank of Central African States (BEAC), which manages the CFA franccurrency, used by both countries, Equatorial Guinea has also jumped ahead of Gabon interms of national prosperity. Its 500,000 people now enjoy a gross domestic product (GDP)per capita income of nearly US$7,000.Gabon's 1.2 million inhabitants have a GDP per capita of less than $5,000 -- although that isstill 10 times the average for Sub-Saharan Africa.The Corisco Bay dispute is the latest of several border quarrels to arise in Africa, where hopesof finding oil have encouraged both sides to dig in their heels.Nigeria has been arguing with Cameroon for years over the disputed Bakassi peninsula,which is also thought to control oil-rich offshore waters. Nigeria has agreed in principle tohand over the peninsula, but the two countries have yet to demarcate their territorial waters.This article was produced by IRIN News while it was part of the United Nations Office for theCoordination of Humanitarian Affairs. Please send queries on copyright or liability to theUN. For more information: https://shop.un.org/rights-permissionsJoin the discussionHelp make quality journalism about crises possibleThe New Humanitarian is an independent, non-profit newsroom founded in 1995. We deliverquality, reliable journalism about crises and big issues impacting the world today. Ourreporting on humanitarian aid has uncovered sex scandals, scams, data breaches, corruption,and much more..
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J. Geslin, “The Island of Contention”, Jeune Afrique (7 March 2006)
TRANSLATION 1/2 WATER STREET TRANSLATIONS The isle of contention ___________________________________________________________ jeuneafrique.com/128802/archives-thematique/l-lot-de-la-discorde March 7, 2006 Archives March 7, 2006, at 13:07 pm | Written by Jean-Dominique Geslin The presidents of the two countries have decided to engage in negotiations to settle their border dispute before the end of the year. The dispute does not date from today. It has been poisoning relations between Libreville and Malabo for more than thirty years. But in 1999, it took on a new dimension when the president of Equatorial Guinea issued a decree reaffirming his country’s sovereignty over Mbanié: an islet of 30 hectares located in the Bay of Corisco, opposite the Gabonese province of Estuaire, i.e. in the territorial waters of Gabon. Since then, the case has heated up to the point that the Secretary General of the UN, Kofi Annan, felt it wise to bring together Presidents Teodoro Obiang Nguema and Omar Bongo Ondimba on February 27 in Geneva to broach the subject. The result of the meeting: the opening of discussions as of March 15 in Geneva to resolve this difference “before the end of the year”. It was in 2003 that Kofi Annan became aware of the extent of the risk constituted by this dispute. On the Gabonese side, the government at the time claims to be sure of its right and says so loud and clear. On February 26, 2003, the Minister of Defense (and son of the president), Ali Ben Bongo, makes a very official visit to this strip of sand that had long been unknown to the world. The response from Malabo is immediate: speaking on national television, the prime minister at the time, Candido Muatetema Rivas, accuses Gabon of illegally occupying the Mbanié islets of Conga and Cocotiers. As tempers flare, Kofi Annan broaches the subject with the two heads of state in July 2003 in Maputo, on the sidelines of the African Union Summit in Mozambique. Then he decides to entrust the case to a qualified mediator, the Canadian attorney Yves Fortier, a former member of the Permanent Court of Arbitration at The Hague and former ambassador of his country to the UN. But it is difficult to adjudicate. For Libreville, Gabonese sovereignty is based on an agreement concluded at the beginning of the 20th century between the two colonial powers concerned, France and Spain. What is more, the text was confirmed in 1974 by Omar Bongo Ondimba and Macias Nguema, his Equato-Guinean counterpart at the time. In Malabo, on the other hand, they recall that upon the accession to independence, Madrid had taken care to transfer to the new state sovereignty over the islands of Corisco, Elobey and “the adjacent islets”. Rather than take drastic measures, Yves Fortier will concentrate his efforts on working out a solution by consensus. He advocates for the delineation of a joint exploitation zone (JEZ) for realizing the resources of the islet together. But the compromise satisfies no one. And naturally it was rejected in Geneva. Annex 235
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TRANSLATION 2/2 WATER STREET TRANSLATIONS Bongo Ondimba and Obiang Nguema thus decided to “proceed immediately to negotiating the definitive delineation of their marine and land borders” and while they are at it, to resolve the question of Mbanié. It is in order to set up a timetable for the discussions that the experts from the two countries are to meet in Geneva next March 15. This option, supported by Kofi Annan, completely disqualifies any mediation by Fortier, who, after two and a half years of perseverance, did not come up with any tangible result. In any event, no one seems to miss the Canadian attorney. While the Gabonese delegation suspected him of being biased in favor of Malabo, certain delegates from Equatorial Guinea felt simply that “Fortier failed”. It remains to be seen what the chances are for success in the new round of negotiations. The participants all seem to be happy to start again on a new basis, but the risk of failure cannot be excluded. And if the discussions get bogged down, the two parties would always have the possibility of bringing the matter before the International Court of Justice (ICJ). As for the true motivations that bring them to negotiate head to head, they are far from having anything to do with the part of the islet that is above water, which is mainly populated by a large colony of crabs. Nor the waters surrounding Mbanié, Conga and Cocotiers, which are said to be “potentially rich in hydrocarbons”, but where no trace of oil has been detected to date. Rather, it is the perspective offered by Mbanié for controlling the deep sea zone located between this islet and São Tomé – a zone where the indications for the presence of crude oil are far more evident – which explains the particular interest paid to it by Equatorial Guinea and Gabon. With this in mind, one can assume that the discussions over its possession will be bitter. And that they risk extending to The Hague. With all the patience that the judicial option imposes. Provided that the case is brought before it, the ICJ will need five to six years to issue its opinion. Annex 235
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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,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, LLC08/20/21_Date
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1/27 mars 2006L’îlot de la discordejeuneafrique.com/128802/archives-thematique/l-lot-de-la-discordeArchives07 mars 2006 à 15h07 | Écrit par Jean-Dominique GeslinLes présidents des deux pays ont décidé d’engager des négociations pourrégler, avant la fin de l’année, leur litige frontalier.Le contentieux ne date pas d’aujourd’hui. Il empoisonne les relations entre Libreville etMalabo depuis plus de trente ans. Mais en 1999, il a pris une nouvelle dimension, lorsque leprésident équatoguinéen a réaffirmé par décret la souveraineté de son pays sur Mbanié : unîlot de 30 hectares situé dans la baie de Corisco, face à la province gabonaise de l’Estuaire,c’est-à-dire dans les eaux territoriales du Gabon. Depuis, le dossier est devenu brûlant, à telpoint que le secrétaire général de l’ONU, Kofi Annan, a cru bon de rencontrer, le 27 février, àGenève, les présidents Teodoro Obiang Nguema et Omar Bongo Ondimba pour évoquer lesujet. Résultat de la rencontre : ouverture de pourparlers dès le 15 mars à Genève pourrésoudre ce différend « avant la fin de l’année ». C’est en 2003 que Kofi Annan a pris la mesure du risque que constitue le litige. Côtégabonais, le gouvernement se dit alors sûr de son droit. Il le clame d’ailleurs haut et fort. Le26 février 2003, le ministre de la Défense (et fils du président), Ali Ben Bongo, effectue unevisite très officielle sur cette langue de sable longtemps ignorée du monde. La réplique deMalabo est immédiate : prenant la parole à la télévision nationale, le Premier ministre del’époque, Candido Muatetema Rivas, accuse le Gabon d’occupation illégale des îlots Mbanié,Conga et Cocotiers. Alors que le ton monte, Kofi Annan aborde le sujet avec les deux chefs d’État en juillet 2003,à Maputo, en marge du sommet de l’Union africaine au Mozambique. Puis décide de confierle dossier à un médiateur patenté, l’avocat canadien Yves Fortier, ancien membre de la Courpermanente d’arbitrage de La Haye et ex-ambassadeur de son pays auprès de l’ONU. Mais il est difficile de statuer. Pour Libreville, la souveraineté gabonaise s’appuie sur unaccord conclu au début du XXe siècle entre les deux puissances coloniales concernées, laFrance et l’Espagne. Le texte a d’ailleurs été confirmé en 1974 par Omar Bongo Ondimba etMacias Nguema, son homologue équatoguinéen de l’époque. À Malabo, en revanche, onrappelle que, lors de l’accession à l’indépendance, Madrid a pris soin de transférer au nouvelÉtat la souveraineté sur les îles de Corisco, Elobey et sur « les îlots adjacents ». Plutôt que de trancher dans le vif, Yves Fortier va concentrer ses efforts sur l’élaborationd’une solution de consensus. Il préconise la délimitation d’une zone d’exploitation conjointe(ZEC) pour une valorisation commune des ressources de l’îlot. Mais le compromis ne satisfaitpersonne. Et a naturellement été rejeté à Genève. Annex 235
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2/2Bongo Ondimba et Obiang Nguema ont donc décidé « de procéder immédiatement à lanégociation de la délimitation définitive de leurs frontières maritimes et terrestres » et derésoudre, dans la foulée, la question de Mbanié. C’est pour établir un calendrier desdiscussions que les experts des deux pays se retrouveront à Genève le 15 mars prochain.Cette option, soutenue par Kofi Annan, disqualifie complètement la médiation de Fortier,qui, après deux ans et demi de persévérance, n’a donné aucun résultat tangible. Quoi qu’il ensoit, personne ne semble regretter l’avocat canadien. Alors que la délégation gabonaise lesuspectait de parti pris en faveur de Malabo, certains délégués de Guinée équatorialeestiment simplement que « Fortier a échoué ».Reste à savoir quelles sont les chances de succès du nouveau round de négociations. Lesparticipants semblent tous satisfaits de repartir sur de nouvelles bases, mais le risque d’échecn’est pas exclu. Et si les pourparlers venaient à s’enliser, les deux parties auraient toujours lapossibilité de porter l’affaire devant la Cour internationale de justice (CIJ).Quant aux véritables motivations qui les conduisent à négocier pied à pied, elles sont loin deconcerner la partie émergée de l’îlot, peuplé, pour l’essentiel, d’une forte colonie de crabes. Nimême les eaux qui entourent Mbanié, Conga et Cocotiers, que l’on dit « potentiellementriches en hydrocarbures », mais où aucune trace de pétrole n’a été décelée jusqu’à présent.C’est bien plutôt la perspective qu’offre Mbanié de contrôler la zone de haute mer située entrecet îlot et São Tomé – une zone où les indices permettant d’établir la présence de brut sont,ici, beaucoup plus évidents – qui explique l’intérêt particulier que lui portent la Guinéeéquatoriale et le GabonDans cette perspective, autant dire que les discussions pour sa possession seront âpres. Etqu’elles risquent de se prolonger à La Haye. Avec toute la patience que l’option juridiqueimpose. Pour peu qu’on la saisisse, la CIJ aura besoin de cinq à dix ans pour rendre son avis. Annex 235
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G. Nerin, Spain’s Last Forest Cannibals, Missionaries, and Civil Guards Account of the Conquest of the Fang in Spanish Guinea 1914-1930 (2010) (excerpt)
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TRANSLATION WATER STREET TRANSLATIONS Gustau Nerín Spain’s Last Forest CANNIBALS, MISSIONARIES, AND CIVIL GUARDS ACCOUNT OF THE CONQUEST OF THE FANG IN SPANISH GUINEA, 1914-1930 [logo] CATARATA
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TRANSLATION WATER STREET TRANSLATIONS TABLE OF CONTENTS INTRODUCTION 11 CHAPTER 1. WHEN THE PEOPLE OF RÍO MUNI WERE SOVEREIGN (1778-1914) 13 CHAPTER 2. SPANISH CONTINENTAL GUINEA (1914) 37 CHAPTER 3. WORLD WAR I IN RÍO MUNI (1914-1919) 67 CHAPTER 4. BARRERA AND HIS ATTEMPTS AT COLONIZING RÍO MUNI (1919-1926) 97 CHAPTER 5. RESISTANCE TO COLONIZATION (1919-1925) 117 CHAPTER 6. A SOCIETY IN TRANSFORMATION (1919-1926) 133 CHAPTER 7. THE FIASCO (1919-1927) 153 CHAPTER 8. A NEW POLICY FOR SPANISH GUINEA (1926) 169
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TRANSLATION WATER STREET TRANSLATIONS CHAPTER 9. THE BUIZA OPERATION (1926-1927) 193 CHAPTER 10. THE FANG. DAY LABORERS IN FERNANDO POO (1926-1927) 209 CHAPTER 11. EXPLOITING RÍO MUNI (1926-1930) 237 CHAPTER 12. TWENTY-SEVEN YEARS OF SILENCE (1914-1931) 253 EPILOGUE. NEW TIMES FOR RÍO MUNI (1929) 281 BIBLIOGRAPHY 293
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[...] ultimately, to the consumers 47. However, to cut costs in the cocoa sector, the mobilization of forced labor from the continent continued to be considered. But the Fang laborers would still not arrive (only those taken by Barrera, in his periodic expeditions, were hired). The governor's first tour after World War I, in 1920, already had as its basic objective obtaining labor (he also wanted to control border areas before the French incursions and to visit the new military posts north of the Muni)48. In the 1920 expedition, and in some of the ones after that, Barrera managed to take many laborers from Fernando Poo (although sometimes there was friction with workers who had already been on the island who had not returned satisfied with the treatment they had received on the plantations)49. But he was less successful in his attempt to stop the French attacks— controlling the territory was a much more complicated task 50. In his 1920 tour, Barrera prepared a plan to proceed with the definitive occupation of the continent, identifying the localities in which the detachments of the southern and eastern borders should be founded. Upon returning to Santa Isabel, he sent a report to the Ministry of State in which he requested means for the occupation of the border, warning that the French were applying pressure to seize the Muni and its laborers 51. Since he did not get a satisfactory response from Madrid, Barrera drafted a detailed deployment plan, which he sent to his minister in 1921. During the first and second years, military posts would be created, roads would be laid out, and the telephone line would be laid down. During the next two years the territory would remain under control of a military force, but with fewer troops. In the fifth year, with the country already known and dominated, the number of posts would be reduced and civilian delegations would be created, but served, provisionally, by military personnel. In the eighth year, a civil administration would be definitively established 52. Resources were not received for this initiative either. In reality, in Colonial Guinea, there would never be a civil administration (except for a timid attempt during the Second Republic). Barrera asked again for resources for deployment in 1922 and 1923, unsuccessfully 53. There did not seem to be too much interest in Madrid for Guinea. Meanwhile in the neighboring Colonies, the exploration of the territory had already been completed and all efforts were focused on colonization, the territory south of the Muni was completely unknown to the Spanish. Only the governor and his companions (and the Colonial Guard) would arrive during their brief periodic tours to the most isolated jungle villages. The only exploration of the territory organized from the Metropolis, between 1920 and 1926, was the one performed by Enrique Olea, who in 1922 traveled to the Muni in order to assess its economic potential 54. 103 TRANSLATIONWATER STREET TRANSLATIONS
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THE COLONIAL GUARD TO THE CONQUEST OF THE MUNI REGION Throughout the First World War, the creation of the northern frontier posts and the widespread revolt of the Fang clans had given the Colonial Guard a protagonist role. From that moment on, the military forces were going to play a key role in the conquest of the Muni Region. The detachments were commercial and administrative centers from which they tried to influence the entire territory (although their influence did not reach the Fang who inhabited the southeast of Continental Guinea). At the beginning of 1921, Barrera, still without financial support from Madrid, decided to create a new post at the extreme north of the country, at Akonangui 55. This way, the entire northern border of the Muni came under colonial rule and Spanish influence was spread inland. The Mikomeseng line covered the 175 km of the Guinea-Cameroon border. In contrast, the Asobla line, which defended the Guinea-Gabon border, only covered a small part of the southern border, basically the Muni estuary. The number of Askaris in the Colonial Guard was always below its estimated needs. The 330 troops that the corps had in 1920 were to be distributed among nine detachments in Fernando Poo, one in Annobon, seventeen in Muni River and the Santa Isabel police station (an average of just ten people per post). The dispersion of the troops limited their operational capacity 56. The Colonial Guard was reinforced during the First World War, with the incorporation into the corps of Cameroonian Askaris, who had belonged to the German Imperial Army and had a very solid military training 57. Thanks to the high number of Fang and Cameroonian Ewondo, the percentage of Fangha-speakers in the corps grew and the instruction began to be imparted, not only in Pidgin English, but also in Fang 58. These Cameroonians soon took over the key positions in the corps: “native sergeants,” “native corporals,” buglers, interpreters... As of 1924, the number of Fang from the Muni Region in the Colonial Guard also grew 59. Usually, the parties were sent away from their hometowns to prevent “partiality in the discharge of their duties” 60. The Colonial Guard was also reinforced with the consolidation of a group of young officers who replaced some veteran civil guards who were not very dynamic. These young officers, who stayed in Guinea for a long time, took turns at the outposts and managed to get around quite well in the difficult territory of the Muni. In order to keep them satisfied, in 1924, when the salaries of all the white members of the Colonial Guard were indeed increased, a 50 percent bonus was established for those assigned to the northern border posts, where conditions were more difficult and 104 TRANSLATIONWATER STREET TRANSLATIONS
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TRANSLATION WATER STREET TRANSLATIONS Soon after, Atalaya fell ill and died: The Esandón argue that he died because in order to set up camp he had cut down a sacred ceiba tree86. Later, the French claimed87 that the Spanish post was north of the 2º 10' N parallel. The Spanish did not accept the French astronomical calculation, but in order to maintain good bilateral relations they decided to relocate the post further south88 (actually, Akonangui is located north of the border line, and in 1908 it was already considered German territory)89. The Colonial Guard considered moving the Príncipe Alfonso detachment to Misá, a town that had been an obligatory stop on Barrera's expeditions and on the tours of the Spanish military forces90. But when the transfer was being discussed, Spanish officials contacted a man who would prove providential: Ondó Nkulu. This Esandon chief came from Bitam and had already had a German appointment at the time of the Neu Kamerun91. But during the First World War he had joined the anti-colonial revolt and had to flee Gabon. He settled with his people in Ebibeyin92, and once in Continental Guinea he collaborated closely with the Spaniards. He even denounced to the Colonial Guard another Esandón chief, Oyono Nkulu, because in 1919 he had led French troops on an incursion into Spanish territory. 93. Once appointed as a Spanish officer, he worked closely with Lieutenants Ayala and Mené and thanks to this, the detachment was moved to Ebibeyin (inaugurated in October 1922).94. Ondó Nkulu's authority was strengthened because many Akonangui people accompanied the Askari and settled in Ebibeyin. This Esandon chief took advantage of the occasion to strengthen his relationship with the Spaniards. He used to serve as an advisor to the Mikomeseng traditional courts, although he had to walk more than 100 km to attend the words95. His views were generally well respected by military commanders96. Evinayong chief Nguema Eyama stood out from the other leaders in southern Muni. When Barrera visited this locality, Nguema Eyama led a large group of Fang leaders who made an act of submission to Spain. He took advantage of the occasion to demand the creation of a military post in his village. Although the detachment move took some time, it eventually was posted at Evinayong, a town that thereby became the capital of the district.97. Bidjabidjan also achieved a privileged place among the peoples of its area because its chief, Ngomo Kolé, went to ask Barrera for a detachment in 1912, when the latter went to Misa to meet Zimmermann, the military chief of Cameroon98. The chief of Minchobo Angom, in the Kogo area, did not limit himself to asking the Spaniards for his detachment: he requested that the Deputy Governor's Office at Elobey be moved to his village99. 145
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SPAIN’S LAST FOREST 195 They would also need 13 officers, since at that time they had just enough to cover the basic personnel positions for the colony (the company and line chiefs), but there was no plan on how to fill vacancies due to illnesses or leaves of absence, or how to cover larger vacancies. 17 Some detachments in the interior were led by a European corporal who had recently arrived from the metropolis, who had serious problems for carrying out his functions. 18 Núñez de Prado was in a hurry. In April 1926, a few months after arriving at the colony, he already asked Madrid for the budget to create new positions. 19 And that same month, he was sent a group of corporals of the Civil Guard and a supplementary delivery of weaponry: 130 Mauser rifles, 130 machetes, and 100,000 rounds of ammunition 20 (thus doubling the available munitions). 21 In order to prepare for the military deployment, an important part of the weapons and munitions were sent to Mikomeseng; the rest remained available to the Expeditions Service, which was in charge of reinforcing the units on special missions. 22 The General Directorate of Morocco and the Colonies, through Royal Order No. 222, offered a budget for the creation of five new military posts. 23 That did not suffice. Barrera had calculated that 15 detachments were needed in order to fully cover the eastern and southern borders (however, in neighboring colonies, such as Gabon, Cameroon, or the Belgian Congo, the density of posts was much less). THE DEPLOYMENT Núñez de Prado, convinced that he had Madrid’s support, commenced the colonization of the territory on his own. The order to commence operations was given in June 1926, even though the Government did not official grant the special budget for Guinea until one month later and did not finance the increased budget for the Colonial Guard until December. 24 In reality, occupation of the territory itself had a minimal cost: 30,000 pesetas in the first phase and even less in the second phase 25 (what would turn out to be much more costly would be the deployment of the infrastructures). The person in charge on the ground of the entire operation was Captain Buiza, with the support of several officers highly familiar with Muni’s interior: Carrasco de Egaña, Eugenio Touchard, Enrique Mené, Ruana Wamba… 26 Jordana continually exchanged correspondence with Buiza in order to make sure that the operations were going well. 27 In order to keep track of the advances of the colonial forces, Buiza went to the jungle. As the captain would spend long stretches of time in zones cut off from communications, Núñez de Prado decided to temporarily take away his position TRANSLATIONWATER STREET TRANSLATIONS
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GUSTAU NERÍN 196 as chief of the Colonial Guard, which he held on an interim basis, and give it to Julián Ayala, who was only a lieutenant. This measure violated all of the military ordinances, which provided that no one could ever give orders to someone of a higher rank. Buiza furiously protested over that. In 1926, the Colonial Guard had approximately 770 members (the numbers would frequently vary due to casualties and desertions). 28 Among them were 85 Spaniards: one coronel, two captains, eight lieutenants, six second lieutenants, 17 “European sergeants,” and 51 “European corporals.” Of the 685 blacks, there were 612 guards, 24 “indigenous corporals,” four “indigenous sergeants,” 27 musicians, and 18 buglers. 29 Among the African Askari guards, the majority started to be the Fang of Río Muni, 30 but there were still many foreigners, especially from Cameroon. 31 The unit was divided into in four companies: the first of which was headquartered on the island, and the other three on the mainland. The second one had its central barracks central in Bata, the third in Mikomeseng, and the fourth in Elobey. 32 PRINCIPAL TOWNS AND COLONIAL GUARD POSTS SOURCE: PREPARED BY THE AUTHOR BASED ON ÁFRICA LA VIRGEN, OF FLORENCIO CERUTI (SANTANDER 1928). The occupation did not solely take place through posts on the border zones as Barrera had planned. Buiza prepared a two-way conquest. From Ebibeyín, the forces of the 3rd Company advanced heading southbound, ATLANTIC OCEAN ELOBEY ISLANDS CORISCO ISLAND MUNI ESTUARY GABON – FRENCH CONGO CAMEROON TRANSLATIONWATER STREET TRANSLATIONS
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SPAIN’S LAST FOREST 197 following the border, as per Barrera’s plan. But parallel thereto the 2nd Company took charge of occupying the central zone of Continental Guinea. Entering by way of Niefang, it took control of Evinayong and headed towards Akonibe. The creation of the posts situated between the Muni estuary and Akonibe were left for later. It was necessary to act quickly in order to take advantage of the dry season, since it had been decided to halt the operations as soon as the first rains would appear. For that reason, the occupation of Muni was carried out in two phases, the first from June to November 1926, and the second during the first months of 1927. The work was done speedily. Many posts had to be constructed. And at each post, there had to be two barracks, one for the European guards and another for the Africans, plus a calabozo (jail), a school, and a “house of the word,” for trials. 33 All of that had to be surrounded by a stockade to ensure the security of the colonial forces (and, at the same time, to keep close watch on them). 34 In June 1926, Buiza, who was personally directing the most complex operations, departed from Ebibeyín heading southbound with 284 equipment carriers. His first objective was to occupy Alén, at a distance of 41 km., construct a detachment there, and ensure communications between it and Ebibeyín. 35 Since it had had a Colonial Guard post, Alén was still called Alén Ntangan (“Alén of the whites”). 36 After stabilizing the situation in Alén, in September, Buiza traveled 36 km. south, to Mongomo, where he established a second encampment. Not only did he widen the road that linked this locale with Alén and Ebibeyín, but he also that ordered the building of an “indigenous road” to connect Mongomo and Mikomeseng, passing through Nzang Oyek (Lieutenant Mené took charge of directing the creation of pathways). The purpose of this road was to save on equipment carriers, since traveling from Mikomeseng to Mongomo through Ebibeyín entailed a loss of several days of marching. 37 The new posts were commanded by corporals from the Colonial Guard, most of whom were recent arrivals from Spain. 38 To the south of Mongomo, still following the Guinea-Gabon border, the detachments were created of Asok, Nzork and Alum. The road linking these posts was repaired, and the path was also prepared that would link Nzork with Akonibe. 39 In order to foment the construction of highways, on October 13 the Fifth Company of the Colonial Guard was established, under the commandership of Enrique Mené. This company would deploy to the zones where roads were going to be built. At first it had its headquarters in Asok, but shortly afterwards it set up in Akonibe. 40 Meanwhile, Lieutenant Rafael Carrasco de Egaña, who was in command of the Second Company, undertook the conquest of the southern part of the territory. The conflictive Carrasco promised to “be exaggeratedly inflexible in punishing all violations TRANSLATIONWATER STREET TRANSLATIONS
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GUSTAU NERÍN 198 no matter how small.” 41 The works were also completely extremely quickly: starting in Niefang, the hub already connected to Bata, Carrasco opened pathways to Evinayong and Akonibe, while also creating detachments every 40 kilometers (Misergue, Mongó, Mosok…). In August he already started creating the Akonibe detachment. In November 1926, the occupation process had to be halted, leaving the posts yet to be created for the second phase. During the period in which the works were paralyzed, an abundance of troops was stationed in the recently conquered zones, in order to put down possible revolts (which did not end up occurring). The center of operations of the north was in Nzang, and from there Ebibeyín, Alén, and Mongomo were controlled. The troops of the south were concentrated in Evinayong, and from there controlled Misergue, Asok. Akonibe, Nzork, and Alum. 42 In February 1927, the occupation of the territory resumed. Taking charge of this phase, carried out in the south of the country, were Buiza and Captain Sánchez Tirado. Starting in Kogo, three new posts were created, covering the southeast border: Abenelan, Ayene, and Akurenam. 43 In addition, a road was opened joining these three detachments to one another, along with another road connecting Akurenam to Evinayong and to Alum. In this way, the basic communication pathways of Rio Muni were laid, although at the time they were not yet in conditions to allow for the transit of motor vehicles. The Colonial Guard at the time was out of control. Its communications with the Government General were quite few, since the governor delegated Buiza to handle all matters involving conflicts 44 —unfortunately, the archives of the Colonial Guard have been lost and the correspondence among its members have not been kept—. In the letters exchanged between Núñez de Prado and his superior, General Jordana, we find multiple references to bureaucratic matters, but few consultations regarding purely military matters. 45 In fact, everything seems to indicate that broad autonomy was given to the commanders of the Colonial Guard and that those commanders ignored the civil authorities. In March 1927, the deputy governor of Elobey found out, unofficially, that Corporal Ortiz had ordered the burning of three towns in the zone of Mebonde. Ortiz had reported these incidents to his second lieutenant, but his second lieutenant kept the information from reaching the deputy governor. 46 Despite this incident, everything seems to indicate that the conquest operations took place with a great deal of intimidation, but actually using very little force. The resistance of the Fang in 1926-1927 was quite meager. A good part of the territory to be occupied had endured the famine and the epidemic and may have suffered a demographic decline of as much as 50 percent in a few years. Large masses of the population had emigrated, and the clan networks had weakened TRANSLATIONWATER STREET TRANSLATIONS
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SPAIN’S LAST FOREST 199 on account of the dispersion. 47 The munition logs of the Colonial Guard indicate that between June 1926 and March 1927 not a single bullet was spent in military confrontations. Shooting of munitions only took place during practices. 48 It is possible that the colonial guards did not record certain combat, as had already happened on prior occasions. But, in all events, it is clear that there were no major punishment expeditions against the Fang insurgents, because no clan rose up in arms collectively against Buiza and his men. In 1927 more weapons arrived in Santa Isabel that Jordana had requested from the Ministry of War to subjugate the Fang. They were not necessary. 49 In 1927, the Fifth Company of the Colonial Guard moved its headquarters to Evinayong, and the Mobile Company was created, which would move from one place to another as a function of the construction of infrastructure. 50 The Mobile Company was the most numerous: It had 100 “indigenous” guards, three officers, three sergeants, and three Spanish corporals. It changed location many times. Among is bases were Meseng and Enok. 51 DOMESTICATION OF THE TERRITORY The interior of Rio Muni had been occupied practically without difficulties. The next phase, the colonial intervention in the daily lives of its populations, would be more difficult. One of the essential elements of the occupation was the construction of communication routes (Guinea, at the time, was far behind other nearby colonies, such as Cameroon or Oubangui-Chari, the current Central Africa). 52 Núñez de Prado believed that the opening of routes and highways was indispensable to safeguard the military posts. He feared a possible revolt of the Fangs and wanted to be able to rapidly send reinforcements to any point of Muni in case of problems. 53 But the laying of roads was not just a matter of security for the General Government. The economic development of the colony necessarily entailed the use of vehicles. In a territory so sparsely populated, if many equipment carriers would be used, there would be a labor shortage for other productive tasks. If the colonial authorities wanted to promote agriculture, they would have to use less labor in the hauling tasks. Because of that, starting in 1926, not only were roads built in the recently occupied zones, but the preexisting ones were widened. The first road was opened in Río Muni, which would link Bata to Mikomeseng, passing through Niefang 54 (building it involved a great effort in the construction of bridges, in zones such as Ayantang). 55 TRANSLATIONWATER STREET TRANSLATIONS
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GUSTAU NERÍN 202 such as that of Mongomo, Evinayong, or Nzork, attracted merchants and were turning into active hubs that underwent an accelerated urbanization process. Other posts did not generate such a dynamic and were abandoned in a short amount of time. The Colonial Guard left Nzang and Misergue because they believed that their locations were not the most suitable ones. The installations were turned over to the Claretian missionaries. 75 Also, the post of Mongo was moved to Niefang, where a detachment was created that would become the hub point of the line. Corporal Sebastián Nacarino and second lieutenant Emilio Gálvez were in charge of the construction of the new post (despite the fact Gálvez had just been implicated in a case of mistreatment of “indigenous” people in Nzang). Niefang wanted to be a “poetic encampment:” Flowers were even brought from Valencia to decorate it. 76 It soon would become an obligatory stopping point for vehicles heading from Bata to the interior, which made it grow rapidly. On the other hand, Asobla and Mebonde, two Colonial Guard posts situated on the Utamboni, fell into irremediable decay, even though in times past they had played a crucial role in the colonization of Río Muni. 77 The future district map of Guinea started to take shape. Yet, even though Barrera had planned for the detachments to be turned into territorial administrations with exclusively political functions, those entities were not created until 1934 (and continued to be militarized). 78 The health and educational networks were supposed to have been expanded in parallel to the construction of several infrastructure works. But social spending in Río Muni, was sparce. In 1928 it had been planned to build health establishments in both Nzork and Alén, but they did not end up going into operation. In April 1929, the Mikomeseng hospital was inaugurated, and in October that of Nkué. 79 But more attention was always given to military matters than to health matters. In addition, the health services did not always contribute to improvement in the lives of the population. In that era, obligatory blood analyses and the health I.D. started to be used in a widespread manner, as tool for control of the population. This means that the medical structures collaborated decisively in the oppression of the Africans. 80 The educational network in the interior continued to be in the hands of the Colonial Guard. In 1927, Río Muni already had 22 Colonial Guard schools: Mongó (under the umbrella of the 2nd Company); Mikomeseng, Alén, Ayamiken, Ebibeyín, Nzang, Mongomo, and Ngon (of the 3rd Company); Asobla, Río Aye, Calatrava, Corisco, Elobey, Kangañe, and Kogo (of the 4th Company); and Abenelang, Akurenam, Ayene, Nzork, Asok, Alum, and Akonibe (of the 5th Company). In them, 4,000 Guineans were educated 81 (on the other hand, in Fernando Poo most of the educational centers were dependent upon Indigenous Patronage). TRANSLATIONWATER STREET TRANSLATIONS
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GUSTAU NERÍN 206 in 1927 they created those of Añizok, Bidjabidján, and Akok (next to Nkué); in 1928 the one in Meseng (which soon afterwards would be transferred to Nzang); in 1929 that of Ayene; and in 1930 those of Afanangui, Oveng Eseng (south of Ebibeyín), and Menang (between Ebibeyín and Mikomeseng). 104 In that year the great mission of Evinayong was also created, which in turn became a pole of evangelization from which new chapels were created. 105 The evangelization advanced not only from Nkué and Evinayong. In 1926 the reduction of Kogo was also created, and the Vedrunas installed themselves in the town of San Joaquín. 106 One year later the church of Río Benito started to be built...107. In 1927, Nkué was turned into a residence for those the religious life, which further increased its influence. 108 Soon thereafter after, that mission’s school started accepting children as boarding school pupils. 109 Dozens of small children from the interior came to stay at this enclave, where they were subjected to an education that was tremendously marked by ethnocide. Another key element of the evangelization of the interior was the creation of the catechists’ school in 1928. 110 The missionaries entrusted to Fang men the work of preaching the gospel among their own. But the first catechists frequently abused their position with married women, and the Claretians had to get better at choosing their candidates: they opted for mature men married in the church to avoid scandals. 111 The process of training the catechists was extremely fast: In 1928 the chapel of Añizok was already under the tutelage of catechist and teacher Baltasar Mba. 112 At first the missionaries devoted themselves much more to evangelization than to education. The new chapels did not include any type of school, and in a large part of the interior the only educational centers were those of the Colonial Guard. In 1927, the continent had only eight religious schools, mostly close to the coast; Nkué, Machinda, Mokomo, Ayakué, Bía, Asobla, Elong, and Midzobo. 113 Though the chapels proliferated, the religious schools were not appearing. 114 NOTES 1. Balandier, 1971: 164. 2. AGA, G-168, File 2. 3. La Voz de Fernando Poo, November 10, 1922. 4. Unzueta, 1944: 91. 5. AGA, G-921. 6. AGA, G-927, File 3. 7. Ibid. 8. AGA, G-98, File 2. 9. Ibid. 10. Boletín Oficial de los Territorios Españoles del Golfo de Guinea [Official Bulletin of the Spanish Territories of the Gulf of Guinea], 191: 51. TRANSLATIONWATER STREET TRANSLATIONS
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TRANSLATION [truncated] Muni was more and more necessary. Since the population density was low, the percentage of adults in servitude was very high. The same problem occurred in the colonies of French Equatorial Africa: in 1927, in the French Congo, up to 40 percent of men between 20 and 40 years of age worked on public works, and in Woleu Ntem in 1925 a third of the population in servitude72 (for Gabon, Woleu Ntem represented what Rio Muni was for Guinea: a gigantic reserve of manual labor).73. In the decade of the 1920s, the demand for labor in Fang country shot up due to the increase in forest exploitation in Gabon and the beginning of construction of the Congo-Ocean railroad.74. And, in Cameroon, after implementing colonial minister Albert Sarrault’s policy of “mise en valeur,” in 1923 the population was massively mobilized by way of servitude.75. It was “one of the most traumatic chapters of colonization,” as defined by the Cameroonian anthropologist Jean-Pierre Ombolo.76 Such servitude became legalized in Guinea in 1908 when the interim governor Luis Daban implemented the policy that all black men between the ages of 15 and 50 who did not work for the colonists and who did not have officially registered properties should assist with public works.77. In reality, at that time it was impossible to apply that rule on the continent because, had it been attempted, the populations there would have fled en masse to unoccupied areas. For the moment, servitude was only mandated on the island; it would not reach the continent until the conquest was completed. In Rio Muni, works undertaken by the colonial administration were paid promptly until the 1920s. When Barrera went on his expeditions, he hired primarily Bisio dockworkers from the coast and paid them promptly. When the posts on the northern border were built, salaried manual labor was required.78 Also, during the first phase of the Buiza operation, when the post of Mongomo, Alen, and Mongo were created, workers were paid. But soon the General Government changed its policy. Hired men were let go and men from neighboring areas who had typically only been paid with tobacco and food, or tobacco and clothing, were brought in (by creating addiction, tobacco reinforced the Africans’ dependence on the colonizers, just like alcohol).79. The colonial authorities argued that “they supply more useful labor and everyone carries on quite contently,” adding that the treatment that the black men of the Muni received was much better than what the French afforded the inhabitants of Gabon and Cameroon.80 Despite the fact that the special budget of 22 million pesetas had accounted for sizable investments in highways,81. Nunez de Prado bet on saving money on salaries and using forced labor instead. The Council of Governmental Authorities supported the governor and ordered that the inhabitants of the towns of Rio Muni were obligated to WATER STREET TRANSLATIONS 217
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TRANSLATION provide 40 days of service annually82. (even though there were people who had suffered through forced labor for a much greater period of time). In 1926-1927, the need for manual labor shot up and instances of servitude increased. The colonial authorities had difficulties finding workers for the many infrastructure projects they wished to carry out. At various times, there were more than 4,000 people simultaneously performing services simultaneously in Rio Muni.83. In the Kogo area, which had only 2,500 inhabitants, there were serious problems: the terrain needed to be cleared for the new city, and the highways that were to connect this enclave with Evinayong and Rio Benito needed to be prepared. Only on the stretch from Bitika to Akalayong did 600 people manage to work at one time.84. And at one time near Asobla, there were more than 400 locals serving the colonial administration as dockworkers.85. All available men needed to be mobilized and, since no one particularly cared about the farms, food supplies began to wane.86. In that instance, the plan was to pay the local inhabitants in cash, but bureaucratic problems meant that the budgeted funds could not be released, and people instead spent three months working without receiving either food or money.87. The deputy governor of Elobey, the tyrannical Tovar de Revilla, showed no compassion, announcing that he was prepared to make the “Balengues, Bicos, and Bujebas” all work. He assumed responsibility for stealing labor from corporal Antoni Fullana. As Fullana could not assemble enough men, Tovar had to seek out people taken in the zone of influence belonging to the distant detachments of Nzork and Asok.88. And this was despite the fact that many workers were being mobilized in Nzork to clear the path connecting Nzork, Alum, and Akonibe.89 Servitude continued unabated for several years. After finishing the principal routes, they began to be converted into highways.90. The General Directorate of Morocco and the Colonies was very satisfied. In 1928, Nunez de Prado asked Jordana to award the Cross of Civil Merit for having completed construction of the highways to the deputy governor of Bata, Loygorri; the public works engineer, Rodriguez; the public works foreman, Alcaide; and the officials, Enrique Mene, Eugenio Touchard, and Rafael Carrasco de Egaña, and their coworker, Adolfo Garcia Amilivia (who was, at that time, the administrator of the treasury). Jordana was successful in securing the award for everyone, as well as the governor himself.91. But despite all these homages, it soon became obvious that the public works were in very bad shape because they had not been built by experts. The new highways, subject to the [text incomplete] WATER STREET TRANSLATIONS 218
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TRANSLATION Second Lieutenant Galvez, who commanded troops near Nzang, received a warning from Nunez de Prado in October 1927. The governor complained about the brutality towards “the indigenous at his command” and stated that although the highways “are necessary and essential [...] satisfaction and wellbeing prevailing among the indigenous is also indispensable, for which reason we shall treat them with great tact and justice.”110. Sargent Sanchez Rios and Second Lieutenant Galvez were tasked with an impossible mission: if they wanted highways, not having much of a budget, they had to resort to forced labor and therefore “satisfaction and wellbeing” among the Guineans would be impossible. As there were no extra volunteers to build the highways, Buiza ordered his subordinates to bribe the “traditional” chiefs so that they would be the ones who would send them “volunteers.” In this way, the Colonial Guard would not have to directly involve itself in capturing labor to indenture, and criticisms from the political authorities could be avoided.111 In an interview with Julio Arija, Loygorri, the deputy governor of Bata, gave assurances that the colonial authorities availed themselves of “persuasion” in order to find workers.112. He was lying: The Fang were not willing to work for free, and the only way to ensure that highways were built under these conditions was to resort to violence (as Lieutenant Carrasco de Egana himself recognized in official reports).113. The Fang did not passively accept this situation: on various occasions, workers rebelled against their white overseers and assaulted them. But judges and the colonial authorities severely punished these actions.114. Some village chiefs opposed obligatory service and encouraged their people to desert, but were detained.115. In 1925, when a colonial guard stationed in Ebibeyin was looking for people to build a bridge over the Ngoro river, he was met with opposition from the population in Mesana Yemende. The chief of this unit told him that “in this town, we do not want to see a guard of any kind, and we will not work on either the bridges or the roads.” The locals disarmed the infantryman, beat him, tied his hands, and sent him back to his post. The Colonial Guard sent an expedition to punish them. The parties responsible for the assault were detained and were sent to Fernando Poo to work on the cacao plantations.116 One of the most serious incidents took place in July 1927 in the town of Ngomongomo Esamvus between Evinayong and Abemelang. Two members of the Colonial Guard went to there to look for men to build roads (they arrived there with 50 detainees). The village chief together with 40 men resisted and killed the infantryman Ndong Alogo Okas. When the European corporal in charge of the area learned of these events, he went to the village, stabbed two men, and shot five others, killing them.117. Lieutenant Touchard was the person WATER STREET TRANSLATIONS 221
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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 Hartz, Mary Lewis, Anthony Palomo, and Madeline Rios, linguists with substantialexperience in thetranslation of documents fromSpanish 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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en último término, a los consumidores!”en el sector del Cacao, se seguía pensando erorzada del continente,se llevaba Barrera, en sus expediciones perinador tras la Primera Guerra Mundial, en ,No Obstante jn la movilizació— LA ÚLTIMA SELVA DE ESPAÑApara abaratar costosn de la mano de obra.ue lasES terre-“colonos2d conti-os colo-omercioymesen;su mano de obra?*, Comoconsiguió llevarse a numerosos braceros a Fernando Potuvo roces con trabajadores que ya habían estado en la isla y que no habíanvuelto satistechos con el trato que habían recibido en las plantaciones)%. Perotuvo menos éxito en suintento dea E .-12lóstaques franceses: controlar elterritorio era una tarea mucpación del continente; id.destacamentos delas fronal Ministerio de Estad oa lá ocupación de la fronte-ra, avisando que los france:tendería la línea telefónica. Durante'los dos años siguientes el territorio seguirianes civiles, pero servidas, en principio, por personal miñitar-Eestablecería definitivamente una administración civil””. Tampoco Legaron Tecur-ena denia aAsos para esta iniciativa. En realidad, enla Guinea coloma dan"istración civil (excepto un tímido intento durante 2 get, sinBarrera volvió a pedir recursos para e ep ea. Mientrasxito33. En Madrid no parecía haber demasiado 1nse había completado y se“1 las colonías vecinas, la exploración del terior 22 amy era completa-“entraban todos los esfuerzos en la colonización, e8umente desconocido vara los. españoles. Sólo el gobernadyor y sus acompañanTes“Y la Guardia Colonial—, en sus giras o de] territorio orga¡ódicas, llegaban de ANforma efímera4"0 poblados de la selva más aislados.£ue la de Enrique Olea, quien en“zada desde la metrópolis, entre 19209'922 viajó al Muni para valorar sus posibili
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USTAU NERÍNLA GUARDIA (COLONIALAALA CONQUISTA DELdial. l¡ción de]de e de los clanes fang habían dado u,Guerra Mundia”, la crsación de 108 puesto q,norte y la.(,Tn a papel clave en la conquista del Muni. Los destacarrdia Colonial. A partir de ese momento, las fuerzas mil "Otag,2 tUYATr uncomerciales y administrativos desde los que se trattir en todo el,aba pay Painflujo no llegaba hasta los lang que habit aban al Sure,A patorio (aunque su DO ”poGuinea Continental). A principios de 1921, Barrera,Barrera, aún deje| enan apoyo fde Madrid, decidió crear un nuevo puesto en el extremo noreste del pypsp deAkonangui?”. De esta forma, toda la frontera norte del Muni quedó bajo e Durantnio colonial y la influenciaCarlos 10Va!tierra adentro. La línea de ykomeseng cubría los 175 km del límite guineo-camerunés. En cambio, lastaba tan dAsobla, que defendía la frontera guineo-gabonesa, sólo cubría una pequeña partdad le CorT€- del límite sur, básicamente el estuario del Muni.nalmente, €lse resistía aLlobey (de fcler). Sus 8uEnea);El número de áscaris de la Guardia Colonial siempre estuvo por debajo delanecesidades estimadas. Los 330 efectivos que el cuerpo tenía en 1930 delíar epartirse entre nueve destacamentos en Fernando Poo, uno en Annobón, dieti-a o comisaría de policía de Santa Isabel (una media despensdiez personas por puesto). La dispersión de las tropas limitaba su operatividE E A .La Guardia Colonial se vio reforzada, durante la Primera Guerraoo Mundial, | maa ción al cuerpo de áscaris camerunes es que había n penesed0“EÓN, dirialemán y que tenían una formación militar mu“Uh mása Pr¿vacias al alto número de fang y ewondo cameruneses, el porcentaje Cuenpo creció y a instrucción empezó a hacere, no sf11Ó y la instrucrián emnará a hanavoa no sólo emp” ho lodlas del en feng, Estos cameraneses pronto coparon SP|UO indígenas”, "cabos indigenas”, met?e“a deGuardia Clon ¿37 también fe xecindo el mero de daaiola Colonial9? Ho...dos de origen paga y 108 mandos los enviaban lejoASSS, TUN «1... line N6La Guardia Co]e en el deber"ar parcialidad en el deber”80.. mp] Waho POESón de ul nn0Oficiales ¡4222 también se reforzó por la consolidacio ig€ces Jóvenes quepod0, E EyMICOS. Esta algunos veteranos guardiascivilesPpo” 0308 Jóvenes oficiales. oy GADo ka Cao ySe turnaban en los>» Que permanecieron muchotiempo E pepante PO,A dye, ici territorio del Mu e os y "legaron a manejarse paBo; 9 ylaDNUse estableció un asu todos los miembros blancos %e ¿ylAlos Puestos de la frotera mon del 50 por ciento para los dee yAIN“ESTA norte, donde las condiciones eran IMo104,
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Y>.de.0«ya de los áscaris y de.ta población locrara?00co después, AtalaJos esandón argumentan que falleció pya enfermó y ocortado una ceiba sagrada”. Más tarOFQUE Para instalar ede, los franceses alegaronó? qu q| campamen-> esto español estaba al norte del paralelo 22 10'N, Los españoles 00cálculo astronómico de los franceses, pero para mantener lasciones bilaterales decidieron reubicar el puesto más al sur (en realidnaaronangui está situado al norte de la línea fronteriza; y en 1908 ya era considera.joterritorio alemán)”. La Guardia Colonial pens 6en trasla dar el destacamern.principe Alfonso a Misá, un poblado que había constituido una parada obligadaenlas expediciones de Barrer ayen las giras de las fuer zas militares españolag9Pero cuando se discutía el traslado -los oficiales españoles contactaron conKamerun”*. Pero.durante:la Prirvuelta anticolonial y habíse habíasumado alare- -.¡jefe esandón, Oyono * £y28.eN: una imcursión.u colaborónenta .1abitantes de Akenanguios españoles. Solía formarfikomeseng, aunque tenia.95"-Por lo general, sus Optde Akonangui:se trasladóaautoridad“compañaron a-los áscaris y-se:hinaye andar más de 100:km para asistir.a laseran muy respetadas por los mandosEljefe de Evinayóng, Nguema Eyama, destacaba sobre los otros lideres > 8rupo de dirigentes fang que hizo acto de *”py a an 01) nueblo.Aunque ele,ación para reclamar la creación de un puesto militar 0“acamento tardó, al final acabó por instalarse en RYO. ¡en Logró UNayong, una localidad que“cias a esto se convirtió en:capital de distrito”*- Bid]US >> Ngomo Kolé, fueLor privilegiado entre los pueblos de su área porque 2 024.2 entrevistarseo cir destacamento a Barrera en 1914 cua do ésteabo Angom, en laA el jefe militar de Camerún” El jefe dsMincamento: solicitó que elSt080, no se limitó a pedir alos españoles Un desta”erte y finalmente l0de Elobey se trasladara a su pueblo”. NoJ1ta
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pue se tenian quera ello 1,795,000saulatino yÚLTIMA SELVA-DE ESPAÑA¡én 8e necesitarían 13 oficiales, ya que en ese momargos básicos de la co]ento estaban justosa cómo suplirlas vacas de compañía y de línea),úEy no seantes por enfermedad ohupi cómo cubrir las plazas de plana mayor”. Algunos destacamentos liE 3srerior eran dirigidos por un cabo europeo recién llegado de la te nía graves problemas para realizar sus funciones]!ceNúñez de Prado tenía prisa. £n abril de 1926, a los pocos meses de lle,la colonia, ya solicitó a Madrid el presupuesto para la creación de los y vospuestos!”. Y ese mismo mes, le enviaron un grupo de cabos de la Cuardía Civilyun libramiento suplementario de armamento: 130 mosquetones mauser, 130machetes Y 100.000 cartuchos” (con lo que se duplicó la munición disponi-ble)?!. Para preparar el despliegue militar; una parte importante de las armasExpediciones, el encargado de.retorzar a las unidades en misiones especiales?La Dirección General de MaJlonias ofreció, a través de la Real Ordenn' 322, presupuesto par:“NUEVOS Pueso BE e,taba: Barrera habíopor entero las fronteraGabón, Camerún. o.el Congo]EL DESPLIEGUEmente el presupuesto especial para Guinea hasta un mes 24 PT'inanció la ampliación de la Guardia Colonial hasta diciembre”.tos en laoocupación del territorio en sí tuvo un coste mínimo: 30.009 PUPrimera fase y todavía menos en la segunda”? (lo que resultarasería el despliegue de las infraestructuras).El responsable sobre el terreno de toda la operación Mé DS. carrascoe el capitán Buiza,con elapoyo de varios oficiales que conocían bien el 17 26 inter”edan Fita, Eugenio Touchard, Enrique Mené, Ruanoa asegurarse de que lase orrespondencia continuamente con 2 ¿e 1 fuerzas coloniasiones marchaban bien?”, Para seguir losaMizase desplazó a la selva. Como el capitán pasa 0% 0. mente €largas temporédal] cargo de1CO“Unicadas, Núñez de Prado decidió ret
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jefe de la Guardia Colonial, que ocupaba interinamente, y cedérge]Ayala, que sólo era teniente. Esta medida vulneraba todas las ordentares, que establecían que jamás nadie podía mandar a un superio: en gradoBuiza protestó airadamente por ello,En 1926, la Guardia Colonial contaba, aproximadamente, con 770 efeggiyo 4cifras variaban con frecuencia a causa de las bajas y las deserciones), Fry, 85 españoles: un coronel, dos capitanes, ochotenientes, seis alférY “Sar-gentos europeos”, y 51 "cabos europeos . De los 685 negros había 612 “cabos indígenas”, cuatro “sargentos indígenas , 27 músicos y1 8 corne | Entrelos áscaris empezaban a ser mayoritarios los fang de Río Muni”, pero todavía que.daban muchos extranjeros, especialmente cameruneses”., La unidad estaba divid;.da en cuatro compañías: la 1* con sede en la isla, y las otras tres en el continente.la 2* tenía su cuartel central en-Bata, la 3% en Mikomeseng y la 4* en Elobey"?5 POBLADOS Y PUESTOS DE LA GUARDIA COLONIAL.|ISLAS LecaroseLoBEY Y oso03YISLA CORISCODEL MUNIMIDYOBO /“MISERGUEABENELANASOHLI /“pd 5 - SAOYEMEJABÓN - CONGO FRAFUENTE, ELABORACIÓN PROPIA BASADA EN ÁFRICA LA VIRGEN DE FLORENCIO CERUTI (SAN!ANDER '
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Entrando por Niefang, controló Evinayonde los puestos situados entre el estuariohaber Cos cuarteles, uno para los guardias europeos y otro para los africanosun calabozo, Una escuela y una "casa de la palabra”, para los juiciosó3. Todo estar rodeado de una empalizada para garantizar la seguridad de las fuer-zas coloniales (y, ala'vez, para vigilarlás -En junio de-1926, Buiza, quod9.- a'n. persona las operaciones más com-CREE en Lección. sur: codi 284 cargadores. Su primerobjetivo era otupar Alén; aastruir allíun destacamento, y garantizarllama Alén-Ntangán (“Alén de losdesplazó 36 km hacia el sur; hasta Mongomio, dondeestaleció un segundo cam-pamento. Ño sólo amplió.el camino que unía estalocalidad:con Alén y Ebibeyín,y Mikomeseng, pasando por Nzang Oyek (el teniente: Mené.se encargó de dirigirA creación de senderos). El objetivo de este camino era ahorrar cargadores, al ir de Mikomeseng a Mongomo. pasando | por Ebibeyín seJornadas dé marcha*”., Los nuevos puestos eran dirigidos por cabos de la GuardiaColonial, en su mayoría recién llegados de España?o ..Al sur de Mongomo, y siguiendo siempre la frontera guineo-gabonesa, seon los destacamentos de Asok, Nork y Alum. Se adecentó e camm no queAlen óstos puestos, y también se preparó el sendero que uniria conPara impulsar la construcción de cameteras. el 13 de soto aMe yá la 5% Compañía dela Cuan Ca o oine. Esta compañía se iba desplazando a las zonasEn principio tuvo sede en Asok, pero paco despuMientras tanto, el teniente Rafael Carrasco (o 18% 4v Compañía, emprendió la conquista de la parte sur deYo Carrasco prometió "ser exageradamente inflexible en el €7)astigo de toda faltayén se instaló en Akonibe*”,Egaña21 mando de laer
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GUSTAU NERÍNvor pequeña que ésta sea”. Las obras también fuerondas: a partir de Niefang, núcleo que ya estaba conectado con Bata, Cappa, 20senderos hasta Evinayong y Akonibe, creando destacamentos, tampigpel destacamento de Akonibe. En noviembre de 1 926 se tuvo que detener qtarceso de ocupación, dejando los puestos que faltaban para la Segunda LoDurante el periodo en que las obras estuvieron paraliza das, se Acanto oabundantes tropas en las zonas recién conquistadas, para reprimir pogíy,,revueltas (que no llegaron a producirse). El centro de operaciones de] pop,estaba en Nzang y desde allí se controlaba Ebibeyín, Alén y Mongomo, Las tyy.pas del sur se concentraban en Evinayong y desde allí controlaban MisergueAsok, Akonibe, Nzork y 2-2 2Enfebrero de 1927 se reemprendió lxocupación del territorio. Se encargaronde esta fase, queel sur del país, Buiza y el capitán Sánchez Tirado.conectaba Alkurenam conletar el trazado de las víaseen ese tiempotodavía no estaban en- La Guardia Colonial, por aquel entonces;staba fuera de control. S5usdelegaba en Buiza todos los asuntos conflictivos**—por desgracia se han perdi:do los archivos de la Guardia Colonial y no se guarda la: correspondencia entresus miembros—. En las cartas cruzadas entre Núñez de Prado y su superior, esenera" Jordana, encontramos múltiples referencias a asuntos burocráticopero Pocas consultas sobre cuestiones puramente militares*. En realidastodo Parece indicar que se daba amplia autonomía a los mandos de la GuarósColonial y que éstos ignoraban la autoridad civil. En marzo de 1: 937 el subgo bero Hlobey se enteró, extraoficialmente, de que el cabo Ortizceo ema de tres pueblos en la zona de Mebonde. Ortiz había oe uo Pero éste los había ocultado al subgobernad”quieta se Bicieron con ne todo parece indicar que lase col”muypocafuerza. La resistencia do mtimidación, pero ejerciendo TE psdel territorio a ocupar han a ng, en 1926-1927 fue muy escasa.sufrido Una caída demoseas ecido la hambruna y la epidemia JP,masas de población hataeS€ hasta el 50 por ciento en pocos alan emigrado y las redes clánicas se había”habe!andes
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A ÚLTIMA SELVA De ESPAÑAisteri de la Guerra para subyugar alos fang. No fueron meros Mi3 Armas, que Jordana había media 12.En 1927, la 5" Compañía de-la Guardia Colonial desplazó 5 segEvinayong y se creó la Compañía Móvil, que. se desplazaehaciaA¿otra en función de la construcción de infosa: contaba con 100 guardias “indíe ARA E e AAA A MAS -cabos españoles.. UsDIO0.G:veces: contándose entre susbases Meseng y Enok?El interior de Río Munilase siguiente, la intervencnes, iba a ser más difícilUno de los elementos esenciales dela ocupación era la construcción de víasde comunicación (Cuinea, en la época, estabarespecto a otrasColoniasPara asegurar los puestos militares: temía una posible revuelta de a poder enviar refuerzos a cualquier punto del Muni con be Se% ¿no era parael Gobierno General,eral, sólomasProblema .5 3 Dro a. Pero el trazado de caminos no *Ppde la colcdebía pasar.ru Cuestión de seguridad. El desarrollo económico a poblado.“esariamente, por el empleo de vehículos. En un81 setaba mano de obrapara otras tanosrían promocionar lay partir de 1926. no sólosino que 2 Anas 22". nrimera pista de HoMunt, 4los preexistentes. Se empezó a abriz 220 54 (e ¿ra hacerlo se reque-Te Uniría Bata con Mikomeseng pasando por yn Ñ-n zonas Como Ayantang)Clara»... ÓN «= Enuntenmiivio er >|falE
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LIZA E FIAT AA E HSGUSTAU NERÍNcomo Mongomo, Evinayong o Nzork, atrajeron a comerciantes y yconvirtiendo en núcleos activos, que experimentaron un proceso de ac elerurbanización. Otros puestos no generaron esta dinámica y ac abaron sie.abandonados al cabo de poco tiempo. La Guardia Colonial dejó Nzangy Miserporque se creía que sus ubicaciones no eran las más idóneas: las instalacion,fueron cedidas a los misioneros claretianos??, Y se trasladó el puesto de Yya Niefang, donde se creó un destacamento que se convertiría en cabe Cera delínea. Se encargaron de la construcción del nuevo puesto el cabo SebastiánNacarino y el alférez Emilio Gálvez la pesar de que éste acababa de verse implica.do en un caso de maltratos contra “indígenas” en Nzang). Niefang quería ser yn"campamento poético”: incluso se trajeron flores de Valencia para decorarlo?sPronto se convertiría en una escala obligatoria para los vehículos que iban de Batahacia el interior, lo que le hizo crecer rápidamente. En cambio entraron en deca-dencia irremediable Asobla y Mebonde, dós puestos de la Guardia Colonial situa-dos en el Utamboni, a pesar de-que antaño.)tan jugado un papel crucial en lacolonización de Ríó Muni“. pérfueronndo el futuro mapa distrital de Guinea.destacamentos se convertirí Ían enoadministraciones territoriales,..nciones exclusivamente tte: políticas; estasoLas redes sanitaria y educativa deberían haberse expandido paralelamen-_te a la construcción de infraestructuras viarias. Pero el-gasto-social, en RíoMuni, fue escaso. En 1928.8e había previsto construir sendos establecimientossanitarios en Nzork y Alén, pero éstos no llegaron a funcionar. En abril de 1929se inauguró el hospital de Mikomeseng y en octubre el de Nkué??. Pero siem:pre se prestó más atención a los asuntos militares que a los sanitarios. Ademásla sanidad no siempre contribuyó a la mejora del nivel de vida de las població”nes. En esa época se empezaron a generalizar los análisis de sangre obligatoni%y la cartilla sanitaria, utilizada como herramienta: de control de la població?con lo que las estructuras médicas colaboraron decisivamente a la opresiónlos africanog%%. oLa red educativa del interior siguió en manos de la Guardia ColonialJaen Río Muni, ya había 22 escuelas de la Cuardia Colonial: Mongó a 08siente de la 2* Compañía); Mikomeseng, Alén, Ayamiken, ] Epibeyin, NASy Ngon (de la 38 Compañía); Asobla, Río Aye, Calatrava: Co,Kangañe y Kogo (de la 4 Compañía); y Abenelang, Akurenamy6“zork, Asok, Alum y Akonibe (de la 52 Compañía). En ellas sepow(en cambio, en Fernaando Poo 1ría de centros €dUdependían del Patronato de Indígenas).00 la mayoale Marruecos; en Ca.usi nadie conocía 81Jalos para que en
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- GUSTAU NERÍN1927 crearon las de Añizok, Bidjabidián y Alok (junto a Nieyg); ey (que poco después pasaría a Aang); en 1929 la de Ayene; y Afanangui, Oveng Eseng (al sur de Ebibeyín) y Menang (entre pp,y Mikomeseng)!”*. En ese año también se cre 'gran misión de Evinayoque a su vez se convirtió en un polo de evangel yyyós desde el que go,Unnueva capillas”. La evangelización no sólo avanzaba desde Nlcyé 1926 también se creó la reducción de Kogo y las vedrunas se instalaron de: San] oaquín “1. Un año más tarde se empezó a construirla ¡ Río Benito...:%. oEn 1927, Niué se convirtió en residencia de religiosos, lo que todavíaimpulsó más su dinamismo”. Poco después, la. escuela de esta misión empe.26 a aceptar a niños internos? Decenas de pequeños del interior se desplazarían a este enclave, donde: eran sometidos a una educación tremendamentede la escuela de catequistas+'s:suyos. Pero-los primeros cate-Guaistas con frecuencia abusau posición con las mujeres casadas, y losonarhom-_dres maduros y casado2110nte, para evitar escándalos!***, El procesode formación de catequistas fiextremadamente rápido; ex 1928 la capilla de_ Añizok ya estaba bajo la tutela del:catequista y maestro Baltasar Mba”.En un primer momento, los misioneros -se ocuparon mucho más de laevangelización que de laeducación. Las nuevas capillas no incluían ningún tiode escuela y en buena parte del interiorlos únicos centros educativos que habíaeran los de la Guardia Colonial. En 1927.en.el continente sólo había ocho escu”tas religiosas, la mayoría cerca la costa: Nkué, Machinda; Mokomo, Ayakué, BíoAsobla, Elong y Midzobo!13, Mientras proliferaban las capillas, las escuelreligiosas no aparecían! Y. LoNOTAS.Y, AGA, G-929»'4 AGA, 6-93, (Je. ACA, 6929,%%. Entrevista col37. AGA, 61977,30. AGA, G-930,%. ACA, G-1723,o9J0,A1. Balandier, 1971: 164,A2. AGA, G-168, exp, 2.o 3. La Voz de Fernando Poo. 10 de nov;O4. Unzueta, 1944: 91.e noviembre de 1922.-5- AGA, G-921.6. AGA, G-927, exp.3....: .7. Ídem.3. AGA, G-928, exp. 2.9. Ídem.10. Boletín de los Territorios Españoles del Golfo de Guinea, 1921: 51.
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e los trabajos fo:el alcoholismo csnnet ERri pis,LA SELVA DE ESPAÑAación era baja, e]y alto, El mismo proble.¡pi cada vez Esa mas necesaria.e Oo la densidad de pop.reentaje de adultosdos t in ado 2 pr estaciones era m¿ocurría en las colonias del África Ecuatorial Frames.srancés, hasta un 40 Por ciento de los hombren las Obras poblicas; y en el Woleu N+pata prestaciones * (para Gabón, el Nte coa Poblacióncm, En 1925, un t4aa Guinea: una reserva de mano de obra)". Ena ga oÑe 1920delas explotaciones forestales en Gabón y del inicio dela construcción a causa del increecarril Congo-Océan'*. Y en Camerún, tras la aplicación de la polííca e-"mise en valeur” por el ministro de Colonias Albert Sarralizó masivamente a la población mediante prestacione:$1923, 8e moviFue “uno de lossodios más traumáticos de la colonización” , como loa definido el antropólogocamerunés Jean-Pierre Ombolo**.:. A / ENLas prestaciones, en Guinea se legálizaron en 1908 cuando el gobernadorinterino Luis Dabán estableciue todos los hombres negros de entre 15 y 50años que no trabajaran parcolonos ni tuvieran propiedades registradasoficialmente deberían cólaborar.en-las obras públicas”, En realidad, en esemomento era imposible aplicar esta normativa enel continente, yá que en casode haberlo intentado, las poblaciones se húbieran fugado en masa hacia las20nas no ocupadas.- De momento, las prestaciones sólo sexplicaron en la isla,no llegarían al continente hasta que se. completó.la conquistaEn Río Munilos trabajosalonial, hasta'0s años 1920, se pagaron puntualmente. Cuando Barrera hacía sus»edicio-nes contrataba a cargadores de la costa, principalmente bisió,los pagaba“scrupulosamente. Y cuando se construyeronlos puestos de la frontera norte Sea mano de obra asalariada"?. También en la primera fees 6“ón Buiza, cuando se crearon los puestos de Mongomo, Alény Lang adores .Pero pronto el Gobierno ona los qu -] pie10 *os hombres contratados y se cogió a vecinos de alo e ropaa seretribuía sólo con tabaco y comidas E A canoslos e crear adicción, reforzada 40%) 79 Las autoridades colonialeslerap. o onizadores, al igual que el alarchan todos muy contentos »51D án que “rinden un trabajo más útil y m- era mucho mejor queeeltvibían los negros del Munique dabasrato que Te¿n?0. A pesar dede Gabón Y A había. previs tasCenLa franceses a los 2> millones de pesetastio supuesto extraordinario de haahorrarsePrado apostó porAsas inversiones en carreteras
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= GUSTAL NERÍN- o,utilizarlos trabaj 08 forzados. La ) unta de Autoridades apoysnador y se estableció que los habitantes de los poblados de Río yyy;cumplir 40 días de prestaciones anuales” (aunque hubo gente que gg, forzados durante mucho más tiempo).ÑTra.PaEn 1926-1927, las necesidades de mano de obra se dispararontaciones se incrementaron. Las autoridades coloniales tenían dificultad.Prez.encontrar trabajadores para las múltiples infraestructuras que se8 Paralizar. En determinados momentos en Rió Muni hubo más deA rerealizando prestaciones simultáneamente”, En la zona de Kogo, que tenta2.500 habitantes, hubo graves problemas: sé tenía que desbrozar el terre,para la nueva ciudad y se tenían que preparar las carreteras que debíaneste enclave con Evinayong y conKío Benito. Sólo en.el tramo Bitika-Akalzyongllegaron a trabajar: 600 personas a la.**. Y en la zona de Asobla, en un mocomo cargadores?”. Se tuvo que:odos. los hombres disponiblesy, como nadie se preocupaba de la+ yron a faltar los alimentos!En este caso se había previstpero porudo desbloquear el presupuesto, y lagente se pasó tres meses trabajanerecibir:a cambio comida ni dinero”£l subgobernador dé Elobey, el tiránico Tovar de Revilla, no tuvo compasiónEncargó el secuestro de mano de obra al eabo Antoni Fullana. Como éste nopudo. reunir bastantes hombres, Tovar tuvo que-recurrir a gente tomada en'a zona de influencia de los lejanos destacamentos de: Nzork y Y esto.a pesar de que en la zona de Nzork.se estaba movilizando a muchos trabajado”res para limpiar el sendero Nzork-Alum -Akonibe??,oLas prestaciones continuaron a todo ritmo durante a]minar el trazado de los principalesA rios en Came”os años. Tras tel”tera, La Direcció ral Mn a conAURA am ,e yolonias se sentíasatistEn 1928, Núñez de PradomudjCivil, con motivo pidió a Jordana que se concediera la Cruz4dela construcción de las carreteras, al subgobernador dePomar dl ingeniero de Obras Públicas Rodríguez, al sobrestante 006de asa los oficiales Enrique Mens, Engenio Touchard y RafaelJa 8u colaborador Adolfo García Amilivia (por aquel ences administrador deHacienda). Jordana logró que los eondecdecoraran 2%JAlúPTO:'ZO €vidente que las obraque mo había sido realizada porro blicas estaban en muymal estaidas 2bajos En selizar. derealizando laron Las conEn Pradoe sentíaCivil, Cruzdela l'ZO esta
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CIONES, Lamasque la satisfacción y el bienestar«yal procederá con ellos con gran tacto y justicia"110, AJ sargento S4¿Jférez Gálvez se les encargaba una misión imposible: si se querían cahez Rico> mucho p resupuesto, se debía recurrir a los trabaje 08 forzados: y era cue ubiera "satisfacción y bienestar” ad los guineanos, Como nosobrabanlosvoluntarios para las carreteras, Buiza dio orden a sus subordinados de sobornaralos jefes “tradicionales” para que fueran ellos los que les enviaran “voluntarios”.de esta forma la Guardia Colonial no tendría que involucrarse directamente enla captura de mano de obra para las prestaciones y se evitaba críticas de las auto-ridades políticas? *”.z 7oEl subgobernador de Bata, Loygotri, énvuna entrevista. concedida a JulioArija, aseguraba que las: autoridades coloniales: se valían de “la persuasión” paraencontrar trabajadores!!?. Mentía: losng rio. estaban dispuestos a trabajar gra-tis y la única forma de conseguir que hicieran carreteras, en estas condiciones,era recurrir a la violencia fcomo lo reconoció, en informes oficiales,el tementeCarrasco de Egaña)". Los fang no aceptaron pasivamente esta situación: en.diversas ocasiones lostrabajadores se rebeláron contra los capataces blancos y osagredieron. Pero los jueces y las aútoridades coloniales camente estas acciones! Algunosjetes de poblado se opusieron alas prestacioneso fueron detenidos!!?. En 1925; cuando unY animaron a su:ente a desertar,.ercolonsal del destacamento de Epibeyín buscaba gente para constard+puente sobre el río Ngoro, se encontró con la oposición delapor e,lemende. El jefe de este núcleo le dijo que "eneste no To gahinguno, y nosotros no trabajamos ni en los puente *enOS Carom y lo enviaron de vueltareños desarmaron al áscari, lo golpearon, lo maniataodición de castigo al lugar de mos¿Su puesto. La Cuardia Colonial mandó una expéstos fueron envOShechos; se detuvo a los responsables de la y,e. y. 0* Fernando Poo, a trabajar en las plantaciones do 92 0en el pueblosucedloenj)Uno de los incidentes más gravesUna pareja de la Guardia50 Mongomo Esamvus, entre Evinayongyón de caminosColonial fue a esta localidad a buscar hombres Ppel,C¿o hombres se resióh0”Eeblo yMegaron allí ya con go detenidos)-tie e el cabo europeo al mantoT“PAY mataron al áscari Ndong Alogo O%%e dos hombres a cuchilladasZONA se enteró delos hechos, fue al pUCEDPIVY J221
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News Article, “Ali Bongo in Equatorial Guinea for Bridge Inauguration”, Bongo Must Go (4 August 2011)
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TRANSLATION WATER STREET TRANSLATIONS - Bongo Must Leave - http://www.bdpgabon.org - Ali Bongo Ondimba in Equatorial Guinea for the Inauguration of a Bridge Posted by AGP on August 4, 2011, at 11:05 In Cooperation | No Comments Gabonese president Ali Bongo Ondimba went to Equatorial Guinea on Thursday to inaugurate, together with his Equatoguinean counterpart Teodoro Obiang Nguema Mbasogo, the bridge over the Kye River, a natural boundary between the two countries. This bridge not only enables a better flow of people and goods between the two countries who are co-organizing the 28th Africa Cup of Nations (CAN) soccer competition in 2012, but also with Cameroon, a country that also shares a good part of its boundary with Gabon and Equatorial Guinea. Located in the region referred to as three boundaries, the bridge is considered to be a tool that should help to strengthen integration into the Economic and Monetary Community of Central Africa (CEMAC), the organization that groups together the three countries that border the Gulf of Guinea along with the Central African Republic, the Congo and Chad. ON THE SAME SUBJECT [image] One Million for Equatorial Guinea [1] One million dollars (775,000 euros): that is the sum that Equatorial Guinea players will share if they succeed in winning CAN 2012, which the country is co-organizing with Gabon. This generous idea came from the son of the President of the Republic, Teodoro Obiang Nguema. This is a good motivation for the Nzalang Nacional team, which is playing for the first time in the final round of CAN. But if they want to hit the jackpot, the Equatoguineans need to start by making it out of group A, which includes Senegal, Zambia and Libya. Read the article [1] CAN Orange 2012/Last Inspection by CAF Before the Kickoff in Gabon and Equatorial Guinea [2] A delegation from the African Football Confederation (CAF) will make its last inspection visit December 13-17, 2011, in Equatorial Guinea and Gabon in order to make sure everything 8/24/2021 Bongo Must Leave “Ali Bongo Ondimba in Equatorial Guinea for the Inauguration of a bridge” Print www.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/ 1/5
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TRANSLATION WATER STREET TRANSLATIONS is ready to go for the kickoff of the competition in these two countries, which are co-organizing this continental event. That is why a delegation from COCAN Gabon met this Tuesday in Malabo in Equatorial Guinea to attend the “general” inspection by CAF alongside their Guinean counterparts. In fact, CAF will check on the functionality of the hotels, the presence of… Read the article [2] CAN Orange 2012 – Equatorial Guinea: Head Coach Henri Michel Steps Down [3] According to a source at the Equatoguinean federation contacted by RFI, Henri Michel reportedly stepped down from his position as Equatorial Guinea’s head coach on Wednesday, October 19, 2011. Although the information has not yet been made official, the decision was reportedly made during a meeting between the French trainer and Bonifacio Manga Obiang, the president of the federation, last Monday. For the moment, there are no further details on the reasons for this decision which is occurring three months from the opening of the Africa Cup of Nations 2012, co-organized by Equatorial Guinea and Gabon. For now, Henri Michel is reportedly still… Read the article [3] Gabon: The Equatoguinean “Friendship” Bridge [4] President Ali Bongo flew on August 4 to Equatorial Guinea where he will co-preside with his counterpart Teodoro Obiang Nguema over the inauguration of a bridge connecting the two countries. At 104 meters in length, this bridge is part of the subregional integration policy. On the invitation of his counterpart Teodoro Obiang Nguema, President Ali Bongo went on August 4 to Equatorial Guinea, specifically to the boundary regions of Ebibeyin and Mongomo, to inaugurate a bridge connecting the two countries. “This invitation symbolizes the policy of good neighborliness between the two countries,” stated the television… Read the article [4] Equatorial Guinea COCAN expected in Libreville next July 27 [5] The Africa Cup of Nations Organization Committee (COCAN) for Equatorial Guinea, led by its honorary president, is expected in Libreville next July 27 for a working visit in the context of meetings for developing and monitoring the progress of construction sites for the Africa Cup of Nations, which Gabon and Equatorial Guinea are co-organizing, from January 21 to February 12 of next year. The Equatorial Guinea COCAN delegation will stay in the Gabonese capital July 27-29. According to the program published by GABONEWS, they plan to visit… Read the article [5] CAN 2012: A Common Visa to Enter Gabon and Equatorial Guinea [6] The organizers of the upcoming Africa Cup of Nations will implement a visa that gives access to their territories. Returning from Libya, where they took stock of preparations for the Africa Cup of Nations (CAN) 2012, the COCAN (Africa Cup of Nations Organization Committee) for Equatorial Guinea stopped over in Douala last Tuesday. In the economic capital of Cameroon, the Equatoguinean COCAN gave a conference where, among other things, it spoke about procedures for entry into Gabon and Equatorial Guinea, the two countries hosting the tournament. “We are open to everyone… 8/24/2021 Bongo Must Leave “Ali Bongo Ondimba in Equatorial Guinea for the Inauguration of a bridge” Print www.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/ 2/5
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TRANSLATION WATER STREET TRANSLATIONS Read the article [6] Equatorial Guinea: Equatorial Guinea Strengthens Internal Security After the Attack of February 17 [7] The Equatoguinean president, Teodoro Obiang Nbguema Mbazogo, decided on Sunday to strengthen the capacity of the army one week after the attack perpetrated on the presidential palace of the capital Malabo by presumed Nigerian rebels from the Movement for the Emancipation of the Niger Delta (MEND) who came by sea while the president was away on a trip to Bata. The head of state said at the Malabo Stadium (in the capital) during a demonstration of “condemnation and support” for his regime gathering together about 2000 people, like other cities in the country. The head of state of Equatorial Guinea… Read the article [7] Equatorial Guinea: Cooperation Agreement Between Malabo and Paris to Fight Undocumented Immigration [8] Malabo intends to create a special police unit to fight clandestine immigration to Equatorial Guinea with the support of Paris, we learned this Monday at the end of a visit last weekend by a delegation from the French Immigration Ministry. The agreement signed by the two parties provides that France will provide logistical support for border control as well as technical and legal assistance. Malabo’s determination to control the phenomenon of immigration and these measures occur following the incessantly increasing number of clandestine immigrants in the country. The phenomenon appeared in Equatorial Guinea… Read the article [8] Gabon-Equatorial Guinea – Boundaries [9] Gabon and Equatorial Guinea can confirm that they have made substantial progress in preparation for the submission of their boundary dispute to the United Nations International Court of Justice (ICJ) for arbitration. In a joint communiqué issued on Tuesday after two days of meetings in Geneva, the representatives of the two neighboring countries declared that they had worked on key documents for a future joint submission to the ICJ. The Court can then rule on the boundary dispute between the two countries. The maritime dispute between Equatorial Guinea and Gabon erupted in 2003. It relates to an island… Read the article [9] Gabon-Equatorial Guinea Boundary Dispute: Nicolas Michel at the Presidential Palace [10] The deputy secretary-general of the United Nations went to the president of the Republic, Omar Bongo Ondimba, to review the progress of the case on the dispute between Gabon and Equatorial Guinea. The deputy secretary-general and legal counsel of the United Nations, Nicolas Michel, was received yesterday at the palace of the presidency of the Republic by the head of state, Omar Bongo Ondimba, with whom he reviewed the overall international political situation. The UN diplomat, when leaving the meeting, expressed the gratitude of the United Nations… Read the article [10] One Million for Equatorial Guinea 8/24/2021 Bongo Must Leave “Ali Bongo Ondimba in Equatorial Guinea for the Inauguration of a bridge” Print www.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/ 3/5
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TRANSLATION WATER STREET TRANSLATIONS CAN Orange 2012/Last Inspection by CAF Before the Kickoff in Gabon and Equatorial Guinea CAN Orange 2012 – Equatorial Guinea: Head Coach Henri Michel Steps Down Gabon: The Equatoguinean “Friendship” Bridge Equatorial Guinea COCAN expected in Libreville next July 27 CAN 2012: A Common Visa to Enter Gabon and Equatorial Guinea Equatorial Guinea: Equatorial Guinea Strengthens Internal Security After the Attack of February 17 Equatorial Guinea: Cooperation Agreement Between Malabo and Paris to Fight Undocumented Immigration Gabon-Equatorial Guinea – Boundaries Gabon-Equatorial Guinea Boundary Dispute: Nicolas Michel at the Presidential Palace Article printed from Bongo Must Leave: http://www.bdpgabon.org URL to article: http://www.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-enguinee-equatoriale-pour-l%e2%80%99inauguration-d%e2%80%99un-pont/ URLs in this post: [1] Le million pour la Guinée Equatoriale [One Million for Equatorial Guinea]: http://www.bdpgabon.org/articles/2012/01/19/le-million-pour-la-guinee-equatoriale/ [2] CAN Orange 2012 / Dernière visite d’inspection de la CAF avant le coup d’envoi au Gabon et en Guinée Equatoriale [CAN Orange 2012/Last Inspection by CAF Before the Kickoff in Gabon and Equatorial Guinea]: http://www.bdpgabon.org/articles/2011/12/13/can-orange-2012-derniere-visite-d%e2%80%99inspection-de-la-caf-avant-le-coup-d%e2%80%99envoiau-gabon-et-en-guinee-equatoriale/ [3] CAN Orange 2012-Guinée équatoriale : Démission du sélectionneur Henri Michel [CAN Orange 2012 – Equatorial Guinea: Head Coach Henri Michel Steps Down]: http://www.bdpgabon.org/articles/2011/10/20/can-orange-2012-guinee-equatorialedemission-du-selectionneur-henri-michel/ [4] Gabon : Le pont de l’«amitié» équato-gabonaise [Gabon: The Equatoguinean “Friendship” Bridge]: http://www.bdpgabon.org/articles/2011/08/04/gabon-le-pont-del% e2%80%99%c2%abamitie%c2%bb-equato-gabonaise/ [5] Le COCAN Guinée Equatoriale attendu à Libreville le 27 juillet prochain [Equatorial Guinea COCAN expected in Libreville next July 27]: http://www.bdpgabon.org/articles/2011/07/22/le-cocan-guinee-equatoriale-attendua-libreville-le-27-juillet-prochain/ [6] Can 2012 : Un visa commun pour entrer au Gabon et en Guinée Equatoriale [CAN 2012: A Common Visa to Enter Gabon and Equatorial Guinea]: http://www.bdpgabon.org/articles/2010/10/20/can-2012-un-visa-commun-pourentrer-au-gabon-et-en-guinee-equatoriale/ [7] Guinée Equatoriale: La Guinée Equatoriale renforce la sécurité intérieure après l’attaque du 17 février dernier [Equatorial Guinea: Equatorial Guinea Strengthens Internal Security After the Attack of February 17]: http://www.bdpgabon.org/articles/2009/02/23/guinee-equatoriale-laguinee-equatoriale-renforce-la-securite-interieure-apres-lattaque-du-17-fevrier-dernier/ [8] Guinée Equatoriale: Accord de coopération entre Malabo et Paris pour la lutte contre l’immigration irrégulière [Equatorial Guinea: Cooperation Agreement Between Malabo and Paris to Fight Undocumented Immigration]: http://www.bdpgabon.org/articles/2009/02/23/guineeequatoriale-accord-de-cooperation-entre-malabo-et-paris-pour-la-lutte-contrelimmigration-irreguliere/ 8/24/2021 Bongo Must Leave “Ali Bongo Ondimba in Equatorial Guinea for the Inauguration of a bridge” Print www.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/ 4/5
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TRANSLATION WATER STREET TRANSLATIONS [9] Gabon-Guinée Equatoriale- frontières [Gabon-Equatorial Guinea – Boundaries]: http://www.bdpgabon.org/articles/2008/07/22/gabon-guinee-equatoriale-frontieres/ [10] Différend frontalier Gabon – Guinée équatoriale: Nicolas Michel au palais présidentiel [Gabon-Equatorial Guinea Boundary Dispute: Nicolas Michel at the Presidential Palace]: http://www.bdpgabon.org/articles/2008/04/15/differend-frontalier-gabon-guineeequatoriale-nicolas-michel-au-palais-presidentiel/ Copyright © 2008 Bongo Must Leave. All Rights Reserved. 8/24/2021 Bongo Must Leave “Ali Bongo Ondimba in Equatorial Guinea for the Inauguration of a bridge” Print www.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/ 5/5
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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 preparedbyChristine Clay,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, LLC09/03/21_Date
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8/24/2021Bongo Doit Partir » Ali Bongo Ondimba en Guinée-Equatoriale pour l’inauguration d’un pont » Printwww.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/1/5- Bongo Doit Partir - http://www.bdpgabon.org -Ali Bongo Ondimba en Guinée-Equatoriale pourl’inauguration d’un pontPosted By AGP On 4 Août 2011 @ 11:05 In Coopération | No CommentsLe président gabonais Ali Bongo Ondimba s’est rendu jeudi en Guinée-Equatoriale pour inauguer,avec son homologue Equato-guinéen Teodoro Obiang Nguema Mbasogo, le pont sur la rivière Kyé,frontière naturelle entre les deux pays.Ce pont doit non seulement permettre une meilleure fluidité des personnes et des biens entre lesdeux pays co-organisateurs de la 28ème Coupe d’Afrique des nations (CAN) de football en 2012,mais également avec le Cameroun, un pays qui partage aussi une bonne partie de sa frontière avecle Gabon et la Guinée-Equatoriale.Situé dans la région dite des trois frontières, l’ouvrage est considéré comme un outil devantcontribuer au renforcement de l’intégration dans la Communauté économique et monétaire del’Afrique centrale (CEMAC), organisation regroupant outre les trois pays frontaliers du golfe deGuinée, la Centrafrique, le Congo et le Tchad. SUR LE MÊME SUJETLe million pour la Guinée Equatoriale [1]Un million de dollars (775 000 euros), c’est la somme que se partageront les joueurs de la GuinéeEquatoriale s’ils parviennent à remporter la CAN 2012 que le pays co-organise avec le Gabon. Al’origine de cette généreuse idée, le fils du Président de la République, Téodoro Obiang Nguema.Pour sa première participation à une phase finale de CAN, le Nzalang Nacional trouve là une bellesource de motivation. Mais pour espérer décrocher le gros lot, les équato-guinéens devrontcommencer par s’extirper d’un groupe A qui compte, le Sénégal, la Zambie et la Libye.Lire l'article [1]CAN Orange 2012 / Dernière visite d’inspection de la CAF avant le coup d’envoi au Gabon et enGuinée Equatoriale [2]Une délégation de la Confédération africaine de football (CAF) effectuera une dernière visited’inspection du 13 au 17 décembre 2011 en Guinée Equatoriale et au Gabon afin de vérifier si tout
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8/24/2021Bongo Doit Partir » Ali Bongo Ondimba en Guinée-Equatoriale pour l’inauguration d’un pont » Printwww.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/2/5est fin prêt pour le coup d’envoi de la compétition dans ces deux pays coorganisateurs de cetévènement continental. C’est dans ce cadre qu’une délégation du COCAN Gabon se rend ce mardi àMalabo en Guinée Equatoriale pour assister, aux côtés de leurs homologues de la Guinée, àl’inspection dite « générale » de la CAF. En effet, la CAF va vérifier la fonctionnalité des hôtels, laprésence de ...Lire l'article [2]CAN Orange 2012-Guinée équatoriale : Démission du sélectionneur Henri Michel [3]Selon une source au sein de la fédération équato-guinéenne contactée par RFI, Henri Michel auraitdémissionné de son poste de sélectionneur de la Guinée équatoriale ce mercredi 19 octobre 2011.Si l'information n'a pas encore été officialisée, la décision aurait été prise lors d'une réunion entrel'entraineur français et Bonifacio Manga Obiang, le président de la fédération, lundi dernier. Il n'y a,pour l'instant, pas plus de précisions sur les raisons de ce choix qui intervient à trois mois del'ouverture de la Coupe d'Afrique des nations 2012, co-organisée par la Guinée équatoriale et leGabon. Pour le moment, Henri Michel serait toujours ...Lire l'article [3]Gabon : Le pont de l’«amitié» équato-gabonaise [4]Le président Ali Bongo s’est envolé ce 4 août pour la Guinée Equatoriale, où il va co-présider avecson homologue Teodoro Obiang Nguéma, l'inauguration d’un pont reliant les deux pays. Long de104 mètres, cette infrastructure s’inscrit dans le cadre de la politique d’intégration sous-régionale.Sur invitation de son homologue Teodoro Obiang Nguéma, le président Ali Bongo s’est rendu ce 4août en Guinée Equatoriale, plus précisément dans les régions frontalières d’Ebibeyin et Mongomo,pour procéder à l’inauguration d’un pont reliant les deux pays. «Cette invitation symbolise lapolitique de bon voisinage entre les deux pays», a indiqué la télévision ...Lire l'article [4]Le COCAN Guinée Equatoriale attendu à Libreville le 27 juillet prochain [5]Le Comité d’organisation de la Coupe d’Afrique des Nations (COCAN) Guinée Equatoriale conduit parson Président d’honneur est attendu à Libreville le 27 juillet prochain pour une visite de travail quientre dans le cadre des rencontres de mises au point et de suivi des avancées des chantiers de laCoupe d’Afrique des Nations que le Gabon et la Guinée Equatoriale co-organiseront du 21 janvier au12 février prochains. La délégation du COCAN Guinée Equatoriale séjournera ainsi dans la capitalegabonaise du 27 au 29 juillet prochain. Selon le programme parvenu à la rédaction de GABONEWS,il est prévu une visite du ...Lire l'article [5]Can 2012 : Un visa commun pour entrer au Gabon et en Guinée Equatoriale [6]Les co-organisateurs de la prochaine Coupe d’Afrique des nations mettront en place un visa donnantaccès à leurs territoires. De retour de la Libye, où ils ont fait le point sur l’état des préparatifs de laCoupe d’Afrique des nations (Can) 2012, le Cocan (Comité d’organisation de la Coupe d’Afrique desnations) pour la Guinée Equatoriale, a fait escale à Douala mardi dernier. Dans la capitaleéconomique camerounaise, le Cocan équato-guinéen a donné une conférence, dans laquelle il aentre autres, parlé des procédures d’entrée au Gabon et en Guinée Equatoriale, les deux paysd’accueil du tournoi. «Nous sommes ouverts à tous ...
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8/24/2021Bongo Doit Partir » Ali Bongo Ondimba en Guinée-Equatoriale pour l’inauguration d’un pont » Printwww.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/3/5Lire l'article [6]Guinée Equatoriale: La Guinée Equatoriale renforce la sécurité intérieure après l’attaque du 17février dernier [7]Le président équato-guinéen, Téodoro Obiang Nguema Mbazogo a décidé dimanche de renforcer lescapacités de l'armée, une semaine après l'attentat perpétré contre le palais présidentiel de Malabola capitale par des présumés rebelles nigérians du Mouvement pour l'Emancipation du Delta duNiger (MEND) venus de la mer et en l'absence du Président en déplacement à Bata. Le chef de l’Etats’exprimait au stade de Malabo (la capitale) au cours d'une manifestation de « condamnation et desoutien » à son régime réunissant environ 2 mille personnes, à l'instar des autres villes du pays. LeNuméro un de la Guinée Equatoriale a ...Lire l'article [7]Guinée Equatoriale: Accord de coopération entre Malabo et Paris pour la lutte contre l’immigrationirrégulière [8]Malabo envisage la création d'une unité spéciale de police pour lutter contre l'immigrationclandestine en Guinée Equatoriale avec le soutien de Paris, a-t-on appris ce lundi au terme duséjour effectué le weekend écoulé d’une délégation du ministère français de l'Immigration. L’Accordparaphé par les deux parties prévoit que la France apporte un appui logistique dans le contrôle desfrontières ainsi que l'assistance technique et juridique. Cette détermination de Malabo à contrôler lephénomène de l'immigration et la prise de mesures interviennent à la suite de l'accroissementincessant du nombre d'immigrés clandestins dans le pays. Le phénomène s'est déclaré en GuinéeEquatoriale ...Lire l'article [8]Gabon-Guinée Equatoriale- frontières [9]La Guinée équatoriale et le Gabon ont affirmé avoir fait des progrès substantiels, en vue de lasoumission de leur différend frontalier, à l’arbitrage de la Cour internationale de Justice (CIJ) desNations Unies. Dans un communiqué conjoint diffusé mardi à l’issue de deux jours de réunions àGenève, les représentants des deux pays voisins ont déclaré avoir travaillé sur des documents clés,pour une éventuelle soumission conjointe à la CIJ. Celle-ci pourrait ensuite se prononcer sur ledifférend frontalier entre ces deux pays. Le différend maritime entre la Guinée équatoriale et leGabon, a éclaté en 2003. Il porte sur une île ...Lire l'article [9]Différend frontalier Gabon – Guinée équatoriale: Nicolas Michel au palais présidentiel [10]Le secrétaire général adjoint des Nations unies est allé faire au président de la République, OmarBongo Ondimba, le point de l'avancement du dossier sur le différend qui oppose le Gabon et laGuinée Equatoriale. LE secrétaire général adjoint et conseiller juridique de l'Organisation desNations unies, Nicolas Michel, a été reçu hier en audience, au palais de la présidence de laRépublique par le chef de l'Etat, Omar Bongo Ondimba avec qui il a tait le tour d'horizon de lasituation politique internationale. Le diplomate onusien n'a pas manqué de manifester, au sortir del'audience, la reconnaissance des Nations unies ...Lire l'article [10]Le million pour la Guinée Equatoriale
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8/24/2021Bongo Doit Partir » Ali Bongo Ondimba en Guinée-Equatoriale pour l’inauguration d’un pont » Printwww.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/4/5CAN Orange 2012 / Dernière visite d’inspection de la CAF avant le coup d’envoi au Gabon et enGuinée EquatorialeCAN Orange 2012-Guinée équatoriale : Démission du sélectionneur Henri MichelGabon : Le pont de l’«amitié» équato-gabonaiseLe COCAN Guinée Equatoriale attendu à Libreville le 27 juillet prochainCan 2012 : Un visa commun pour entrer au Gabon et en Guinée EquatorialeGuinée Equatoriale: La Guinée Equatoriale renforce la sécurité intérieure après l’attaque du 17février dernierGuinée Equatoriale: Accord de coopération entre Malabo et Paris pour la lutte contre l’immigrationirrégulièreGabon-Guinée Equatoriale- frontièresDifférend frontalier Gabon – Guinée équatoriale: Nicolas Michel au palais présidentielArticle printed from Bongo Doit Partir: http://www.bdpgabon.orgURL to article: http://www.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l%e2%80%99inauguration-d%e2%80%99un-pont/URLs in this post:[1] Le million pour la Guinée Equatoriale:http://www.bdpgabon.org/articles/2012/01/19/le-million-pour-la-guinee-equatoriale/[2] CAN Orange 2012 / Dernière visite d’inspection de la CAF avant le coup d’envoi au Gabon et enGuinée Equatoriale: http://www.bdpgabon.org/articles/2011/12/13/can-orange-2012-derniere-visite-d%e2%80%99inspection-de-la-caf-avant-le-coup-d%e2%80%99envoi-au-gabon-et-en-guinee-equatoriale/[3] CAN Orange 2012-Guinée équatoriale : Démission du sélectionneur Henri Michel:http://www.bdpgabon.org/articles/2011/10/20/can-orange-2012-guinee-equatoriale-demission-du-selectionneur-henri-michel/[4] Gabon : Le pont de l’«amitié» équato-gabonaise:http://www.bdpgabon.org/articles/2011/08/04/gabon-le-pont-de-l%e2%80%99%c2%abamitie%c2%bb-equato-gabonaise/[5] Le COCAN Guinée Equatoriale attendu à Libreville le 27 juillet prochain:http://www.bdpgabon.org/articles/2011/07/22/le-cocan-guinee-equatoriale-attendu-a-libreville-le-27-juillet-prochain/[6] Can 2012 : Un visa commun pour entrer au Gabon et en Guinée Equatoriale:http://www.bdpgabon.org/articles/2010/10/20/can-2012-un-visa-commun-pour-entrer-au-gabon-et-en-guinee-equatoriale/[7] Guinée Equatoriale: La Guinée Equatoriale renforce la sécurité intérieure après l’attaque du 17février dernier: http://www.bdpgabon.org/articles/2009/02/23/guinee-equatoriale-la-guinee-equatoriale-renforce-la-securite-interieure-apres-lattaque-du-17-fevrier-dernier/[8] Guinée Equatoriale: Accord de coopération entre Malabo et Paris pour la lutte contrel’immigration irrégulière: http://www.bdpgabon.org/articles/2009/02/23/guinee-equatoriale-accord-de-cooperation-entre-malabo-et-paris-pour-la-lutte-contre-limmigration-irreguliere/[9] Gabon-Guinée Equatoriale- frontières:http://www.bdpgabon.org/articles/2008/07/22/gabon-guinee-equatoriale-frontieres/[10] Différend frontalier Gabon – Guinée équatoriale: Nicolas Michel au palais présidentiel:http://www.bdpgabon.org/articles/2008/04/15/differend-frontalier-gabon-guinee-equatoriale-nicolas-michel-au-palais-presidentiel/
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8/24/2021Bongo Doit Partir » Ali Bongo Ondimba en Guinée-Equatoriale pour l’inauguration d’un pont » Printwww.bdpgabon.org/articles/2011/08/04/ali-bongo-ondimba-en-guinee-equatoriale-pour-l’inauguration-d’un-pont/print/5/5Copyright © 2008 Bongo Doit Partir. Tous Droits Réservés.
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News Article, “Inauguration of Two Bridges”, Office of Press and Information of the Republic of Equatorial Guinea (6 August 2011)
TRANSLATION Two bridges inaugurated by Equatorial Guinea and Gabon guineaecuatorialpress.com/noticias/inaugurados dos puentes entre Guinea Ecuatorial y Gabón [THUMBNAIL: [SEAL: UNITY PEACE JUSTICE] image not available] Equatorial Guinea President Obiang Nguema Mbasogo and Gabon President Ali Bongo inaugurated two new bridges in the Equatorial Guinean cities of Mongomo and Ebebiyin. These two infrastructure projects, financed by both Equatorial Guinea and Gabon, have brought the countries even closer together and have integrated them with each other in the region. Equatorial Guinea and Gabon have taken an important step in their regional integration. This time, the idea of building bridges of friendship between two countries is not just a metaphor, but instead, reality. Two new bridges, which bring Equatorial Guinea and Gabon even closer together, were inaugurated in both President Obiang's hometown of Mongomo and in Ebebiyin. Gabonese President Ali Bongo attended the ceremony. Let us remember that these two Central African countries are coordinating the African Cup of Nations (CAN), an African soccer competition, which will be held at the start of 2012. President Obiang said that these bridges serve as a testimony to the good relations between the two countries. Baltasar Engonga Edjo, the Minister of State for Regional Integration, 1/2 WATER STREET TRANSLATIONS Annex 238
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2/2 TRANSLATION described the inauguration ceremony as an important step forward in the regional integration of both countries. Engonga Edjo referred to the city of Ebebiyin as the city of integration. The President of Gabon pointed out that both countries share a common past and are being called upon to share many more things. He also said that in a few months, both countries will share in organizing the Africa Cup. Equatorial Guinea Press and Information Office. 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 preparedbyPaul Mielke,a linguist with substantialexperience in the translation of documents fromSpanish 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, LLC09/26/21_Date
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1/2Inaugurados dos puentes entre Guinea Ecuatorial yGabónguineaecuatorialpress.com/noticias/Inaugurados dos puentes entre Guinea Ecuatorial y GabónEl Presidente de Guinea Ecuatorial, S. E. Obiang Nguema Mbasogo yel de Gabón, S. E. Ali Bongo, han inaugurado dos nuevos puentes enlas ciudades ecuatoguineanas de Mongomo y Ebebiyin. Estas dosobras de infraestructuras, financiadas por ambos países, los acercaaún más y los integra en la región.Guinea Ecuatorial y Gabón han dado un paso importante en su integración regional. Estavez, aquello de tender puentes de amistad entre dos países, no se queda en la pura metáfora,sino que son reales. Dos nuevos puentes -que acercan aún más a Guinea Ecuatorial y Gabón-se han inaugurado en la ciudad nativa del Presidente Obiang, Mongomo y en Ebebiyin. En laceremonia estuvo presente el presidente gabonés, Ali Bongo.Recordemos que estos dos países del África Central están trabajando en la organización de laCopa Africana de Naciones (CAN), la competición por excelencia del fútbol africano, que sedisputará a principios de 2012.El Presidente Obiang ha afirmado que estos puentes constituyen el testimonio de las buenasrelaciones existentes entre los dos países. Por su parte, la ceremonia de inauguración ha sidocalificada por el Ministro de la Presidencia del Gobierno Encargado de la Integración
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2/2Regional, Baltasar Engonga Edjo, como un paso adelante en la integración regional de ambospaíses. Engonga Edjo se refirió a la ciudad de Ebebiyin como la ciudad de la integración.El Presidente de Gabón ha recordado que ambos países comparten un pasado común y estánllamados a compartir muchas más cosas; también se refirió al hecho de que, en unos meses,ambos países compartirán la organización de la Copa de África.Oficina de Información y Prensa de Guinea Ecuatorial. Annex 238
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News Article, “Inauguration of the Friendship Bridges Between Gabon and Equatorial Guinea”, La Lettre d’Information, Official Bulletin of the Presidency of the Gabonese Republic No. 3 (August 2011)
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TRANSLATION WATER STREET TRANSLATIONS GABONESE REPUBLIC PRESIDENCY [emblem] Newsletter Official news bulletin of the Presidency of the Republic Number 003 – August 2011 GABON: An Open-Air Construction Site SPECIAL REPORT
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TRANSLATION WATER STREET TRANSLATIONS THE PRESIDENT’S TRAVELS Inauguration of friendship bridges between Gabon and Equatorial Guinea THE PRESIDENT OF THE GABONESE REPUBLIC, Ali Bongo Ondimba, and his Equatoguinean counterpart, Teodoro Obiang Nguema Mbasogo, just gave a new impetus to the subregional integration policy by inaugurating two bridges in Ebebiyin and Mongomo, at the boundaries of the two countries, on Thursday, August 4. In Ebebiyin, the populations on either side of the Kye River celebrated with undeniable enthusiasm the opening of this transportation route strengthening ties between Gabon and Equatorial Guinea. This is a new approach of multi-faceted exchanges, especially in the economic domain, which corresponds to the content of the speeches given by the two heads of state. In the speech he made on this occasion, President Ali Bongo Ondimba emphasized that this roadway infrastructure originated from the signing of the interstate agreement in 2007 by President Omar Bongo Ondimba and his Equatoguinean counterpart. The intention was to concretely improve the circulation of people and goods in central Africa, and especially between the two neighboring countries. For Ali Bongo Ondimba, the road is a symbol of movement, a communication vector and a way of bringing the peoples together, which promotes intercommunity human and economic exchanges. The Gabonese head of state also indicated that the construction of the bridges at the boundaries between the two countries is part of the consensus-based master transportation plan in central Africa, the main purpose of which is to give the subregion an integrated road network. These works are the result of a long process of creating infrastructure for the development and improvement of the common boundary, which should, according to the Gabonese head of state, be apparent once again next January when the two countries organize the Africa Cup of Nations soccer competition (CAN 2012). According to the president of the CEMAC [Economic and Monetary Community of Central Africa] Commission, this colossal investment, estimated to be CFA 2,313,319,672 francs heightens the visibility of relations between sub-regional states in preparation for achieving the Millennium Development Goals (MDG).
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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 preparedbyChristine Clay,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, LLC09/03/21_Date
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News Article, Ali Bongo Ondimba: “Not Everyone Has Understood that Gabon has Changed”, Jeune Afrique (6 September 2011)
WATER STREET TRANSLATIONS TRANSLATION February 26, 2002, Research. D 471 File 6. Only Coco Beach Administrator refugee stays in Kogo. D472. File 5. News article from the Arab newspaper Istiglal Rabat, November 24, 1972. Press clippings and news articles related to the conflict between Guinea and Gabon “Jeune Afrique,” Tunisian weekly newspaper, September 30, 1972. On September 8, President Bongo sent a message to the UN Secretary General stating that fisher camps set up in the uninhabited islets of Mbanie, in Gabonese territory, had been attacked during the previous months by armed forces of Equatorial Guinea. On September 12, the Government of Equatorial Guinea turned to the Security Council to evacuate Gabonese forces from the territorial waters of Equatorial Guinea and, in particular, from the adjacent island of the province of Muni River. Le Monde Newspaper, Paris, September 12, 1972. Republic of Equatorial Guinea - General Information - GABON: Relations with Equatorial Guinea Deteriorated. Relations between Gabon and Equatorial Guinea have recently deteriorated up to the point that Libreville fears border incidents between the two countries caused by the Government of Equatorial Guinea. In a message sent on Friday, September 8, the UN Secretary General, Mr. Albert Bernard Bongo, President of the Gabonese Republic, stated, among other things, that in recent months, fisher camps set up on the uninhabited islets of Mbania, within Gabonese territory, have been attacked by armed forces of Equatorial Guinea.” During an interview that took place on Sunday, Mr. Bongo essentially declared that despite the good will expressed by Gabon regarding its relations with its neighbor, Equatorial Guinea had caused an incident while negotiations were conducted for the delimitation of maritime boundaries C:\WINDOWS\TEMP\GUINEA2.WPD 4/19/02 1:46 PM SPA 3789_T Annex 240
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TRANSLATION WATER STREET TRANSLATIONS between the two countries. The Gabonese President stated that conciliation attempts had always stumbled with the refusal of President Macias Nguema, of Equatorial Guinea. “So I considered that I had to guarantee the safety of my people and I decided to set up a Gendarmerie station on Gabonese islets,” said President Bongo, who pointed out that he had received protests from the Government of Equatorial Guinea, expressed in a not very friendly manner and answering untrue statements.” When he found out that his neighbors “were going to start border incidents,” President Bongo then informed the United Nations “of this tense situation.” (In fact, incidents have already occurred, if we believe certain information stating that there were machine gun shots against Gabonese fishermen who were throwing their nets along the island of Corisco. The same source states that this island was used as a training base by opponents of Gabon, Cameroon and Central Africa who had been granted asylum by Mr. Macias Nguema). “El Comercio de Gijon,” September 13, 1972. Europa Press Chronicle. New York, by Ivor Key. Tonight, no decision has been made about the meeting of the UN Security Council, to study Equatorial Guinea’s complaint due to the occupation of some of its islands by its neighbor Gabon. According to the Guinean Ambassador, Primo Esona Mica…, his country is in virtual state of war with Gabon, as a consequence of the country’s actions. The dispute refers to some small islands located opposite the Gabon coast, which belong to Equatorial Guinea. Like the entire territory belonging to this country, these islands (Corisco, Elobey Grande and Elobey Chico) belonged to Spain until the country’s independence, proclaimed on October 12, 1968. Based on the statements made by Guinea, Gabon, following the unfortunate example of many other countries, decided to extend its territorial waters by 170 mils. Consequently, the aforementioned islands were included, according to said country, in their sovereign area, against all principles of international law accepted by the countries of the United Nations. Guinea states that Gabonese forces disembarked in Corisco, which was defended only by a guard formed by four men, who were captured, tortured, and treated like animals. Gabon ships patrol the waters surrounding the islands and the only three Guinean Marine units, all very light, were sunk. C:\WINDOWS\TEMP\GUINEA2.WPD 4/19/02 1:46 PM SPA 3790_T Annex 240
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TRANSLATION WATER STREET TRANSLATIONS The invasion of Guinean islands is not only contrary to the Charter of the United Nations, but also to the rules governing the OAU, of which both parties to the dispute are members. In fact, the Addis Ababa Declaration establishes that all member States of the OAU must accept the borders inherited by the colonization without generating conflict in relation to them. The Guinean Minister of Public Works, Alfonso Oyono, stated: They [sic] are not worried about the invasion because we are right. It legally belongs to us and this is an attack against our sovereignty.” Then, he declared that he was unaware of what had happened to the four soldiers of the Republic of Equatorial Guinea and the twenty-four civilians who had been captured by Gabon. As far as the place where the conflict seems to be taking place, where the incidents occurred, the volcanic island of Embana, an islet used as a support base for Guinean fishermen, the Guinean Minister stated that in 1967, oil explorations had been carried out in the islet by different foreign companies from the USA and France. News article from El Pueblo Newspaper. J. M. Carrascal. September 13, 1972. Primo Jose Esono Mica, representative of Equatorial Guinea at the UN, informed the President of the Security Council of what he considers, “a clear act of aggression by the Republic of Gabon,” and asked the Council to intervene so that this country withdraws from Guinean waters. According to the document, last August 23, Gabon extended its territorial waters by 170 miles, invading the Guinean islands of Elobey Grande, Elobey Chico, Corisco and all the adjacent islands of Muni River. “Five guards and twenty-four Guinean civilians were arrested and tortured in Corisco, states the document, and for a week, the Gabonese Government left its ships in Muni’s estuary and sank the Guinean ships that link Kogo with Corisco.” Arriba Newspaper article. September 14, 1972. It refers to the invasion of the Guinean island of Mbane by forces of its neighbor Gabon: Oyono’s statements: This is due to a special interest because there is oil in the invaded island. He referred to the invasion occurred last August 22: the four soldiers and the twenty-four civilians who were present in the islet were arrested. The islet is used C:\WINDOWS\TEMP\GUINEA2.WPD 4/19/02 1:46 PM SPA 3791_T Annex 240
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TRANSLATION WATER STREET TRANSLATIONS to rest by the fishermen who work near Corisco. I am unaware of what happened to those arrested. As regards the other two small islands near Mbane, they were sandbanks. Oil explorations in the invaded island had been carried out in 1967. ABC, September 14, 1972. The Minister was unaware of what happened to the four soldiers of Equatorial Guinea forces and the twenty-four civilians who had been captured by Gabon. As far as the place where the conflict seems to be taking place, where the incidents occurred, the volcanic island of Embana, an islet used for support by Guinean fishermen, the Guinean Minister stated that in 1967, oil explorations had been carried out in the islet by different foreign companies from the USA and France. On the other hand, the Guinean Embassy stated that not four but twenty-four Guinean citizens were held during the invasion of Mbane island, and that their whereabouts are unknown, as well as the whereabouts of the guards arrested during the action. Jeune Afrique Newspaper, on October 21, 1972, referred to this matter in the information section. The border conflict will not be brought before the UN Security Council, as informed on October 4 by Macias to the UN Secretary General, Kurt Waldheim. On September 16 and 17, they met in Kinshasa to deal with the conflict. They undertook to solve their differences, waiving any use of force and stopping any kind of mutual attack in the press. And they decided to create a commission formed by the Governments of Congo, Zaire, Gabon and Equatorial Guinea, which will meet in Brazzaville. C:\WINDOWS\TEMP\GUINEA2.WPD 4/19/02 1:46 PM SPA 3792_T Annex 240
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WATER STREET TRANSLATIONS, LLC 817 Broadway, 4thFloorNew York,NY10003(212)776-1713www.waterstreettranslations.cominfo@waterstreettranslations.comCERTIFICATION OF ACCURACY OF TRANSLATIONThis hereby confirms that the foregoing translation was prepared by Natalia Misuraca,alinguistwith substantial experience in the translation of documents from Spanish into English as certified by the Certified Translators Association of Buenos Aires, 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, LLC06/23/21_Date
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G. Nesi, “Uti Possidetis Doctrine” Max Planck Encyclopedia of International Law (February 2018)
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021Content type:Encyclopedia entriesProduct:Max Planck Encyclopedias of International Law [MPIL] Module:Max Planck Encyclopedia of Public International Law [MPEPIL]Article last updated:February 2018Uti possidetis DoctrineGiuseppe NesiSubject(s):Self-determination — Foreign relations law — Sovereignty — Settlement of disputes — Boundaries — Territory, acquisition and transferPublished under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020).
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021A. Notion and Historical Development1 The expression uti possidetis originates in Roman law, where it indicated an interdict by the praetor aimed at prohibiting any interference with the possession of immovable property acquired nec vi, nec clam, nec praecario (not by force, nor stealth, nor license). The purpose of uti possidetis was to temporarily assign a favourable position in the ownership action to the individual who possessed that property.2 In the context of the international law of war, uti possidetis initially (in the 17 century) described the situation on the ground after an armed conflict (see also → Armed Conflict, International). The right to territory acquired through conflict was de facto consolidated by making recourse to a misleading analogy with the uti possidetis doctrine in the Roman era. This notion of uti possidetis is no longer viable since the well-established principles on the use of force do not allow for any acquisition of territory that is in violation of the → United Nations Charter (145 BSP 805) (see also → Territory, Acquisition).3 The modern meaning of uti possidetis in international law dates from early 19th century Latin America (→ Boundary Disputes in Latin America). In Latin America, uti possidetis, and more precisely uti possidetis iuris, was qualified as a regional norm for the determination of → boundaries. Through uti possidetis iuris the newly decolonized States felt bound to adopt as their international boundaries the delimitations—usually administrative but sometimes international in character—traced or tolerated by the colonial authorities and existing at the date of independence, thus contributing to the consolidation of the norm. The Brazilian concept of uti possidetis de facto emphasized instead the de facto situation at the time of independence, but it was confined to Brazil. At this point in time, in Latin America uti possidetis iuris was deemed to be: (i) a sui generis instrument covering the succession of new States to colonial powers; (ii) a derogation to → effectiveness as a condition for acquiring territorial → sovereignty; (iii) a means of promoting the defence of the continent against further colonization attempts; (iv) a principle concerning the determination of boundaries between States arising from the → decolonization process. The relevance of the principle to territorial delimitation was crucial in inter-American relations, as inter-State practice and judicial and arbitral decisions demonstrate.4 Until the mid-20th century, it was rare to find references to this principle outside of Latin America. In the 1960s it appeared in Africa to describe borders between States born from decolonization (→ Boundary Disputes in Africa). At the end of the colonial period some African leaders envisaged an ideal Pan-Africanism that could have solved the problem of territorial delimitations among the newly constituted States. However, the doctrine of national States prevailed, obliging the African Heads of State and Government to single out which rule should be applied to those delimitations. Thus, in Africa uti possidetis appears as a norm that determines the boundaries between decolonized States on the basis of territorial, administrative, or international divisions established during colonial rule. This interpretation can be deduced from solemn declarations by African States; the Organization of African Union Cairo Resolution of 1964 (OAU ‘Border Disputes among African States’ AHG/Res.16[I] [17–21 July 1964]; ‘1964 OAU Cairo Resolution’); several delimitation agreements; many arbitral compromises deferring the settlement of territorial disputes to the → International Court of Justice (ICJ) and arbitral tribunals; some international judicial and arbitral decisions (→ Frontier Dispute Case [Burkina Faso/Republic of Mali]; → Land and Maritime Boundary between Cameroon and Nigeria Case [Cameroon v Nigeria]; → Maritime Boundary between Guinea and Guinea-Bissau Arbitration [Guinea v Guinea- Bissau]; → Frontier Dispute Case [Benin/Niger]).th
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 20215 One could wonder whether the Latin American uti possidetis differs from the uti possidetis applied in Africa, as was the case for the Arbitral Tribunal dealing with the dispute between Senegal and Guinea-Bissau (Arbitral Award [31 July 1989]; → Maritime Boundary between Guinea-Bissau and Senegal Arbitration and Case [Guinea-Bissau v Senegal]). On that occasion the Tribunal stated that the Latin American uti possidetis would refer only to intracolonial territorial divisions, while in Africa the principle would apply to territorial divisions set up both by a colonial authority within its territory and by different colonial powers (see also → Colonialism). This attempt to distinguish an ‘African’ uti possidetis was criticized as completely ‘unfounded’ by one of the arbitrators. In light of this criticism, one must recognize how uti possidetis was largely applied in Latin America in relationships among countries previously under Spanish colonial domination only because the greatest part of that continent was under Spanish sovereignty. Nevertheless, in territorial disputes involving Brazil, which was under Portuguese colonial domination, or European colonial powers (the United Kingdom and the Netherlands, for instance) uti possidetis was also referred to as a fundamental norm to be applied in territorial delimitations in Latin America.6 The relevance of uti possidetis in various decolonization contexts outside of Africa (→ Temple of Preah Vihear Case; → Rann of Kutch Arbitration [Indo-Pakistan Western Boundary]) and in non-decolonization contexts (eg, the dissolution of federal States) has been confirmed in recent years (→ Yugoslavia, Dissolution of). In the territory of the former Union of Soviet Socialist Republics (USSR) the international borders between the new States coincided with the borders between the former federated Republics.7 The historic evolution of uti possidetis demonstrates that it is a norm of international law governing territorial delimitations. Uti possidetis is not a peremptory norm of international law, since States can derogate from it by common → consent, as was often the case in both Latin America and Africa. In other words, uti possidetis is perceived as the basis of delimitation between newly constituted States until and unless those States decide to adopt different boundaries.8 In recent times international jurisprudence has debated the relevance of uti possidetis in maritime delimitations (→ Maritime Delimitation Cases before International Courts and Tribunals; Arbitral Award of 31 July 1989 (Guinea-Bissau v Senegal); → Land, Island and Maritime Frontier Dispute Case [El Salvador/Honduras: Nicaragua Intervening]; → Maritime Delimitation between Nicaragua and Honduras in the Caribbean Sea Case [Nicaragua v Honduras]). Divergent views have emerged on this issue among those who denied any relevance to the principle because of the different features of territorial and maritime delimitations; others, on the contrary, were in favour of the relevance of uti possidetis in maritime delimitations because in both maritime and territorial delimitations uti possidetis aims at ensuring the stable and final character of existing boundaries. The latter position presupposes, as it happens for the application of uti possidetis in any circumstance, the fact that delimitations were already in place. And when, more recently, the ICJ decided not to apply uti possidetis to maritime delimitations (Territorial and Maritime Dispute [Nicaragua v Colombia] [2012] ICJ Rep 624), it did so not because uti possidetis was not deemed relevant but because the parties failed to adequately support their claims:the Court concludes that in the present case the principle of uti possidetis juris affords inadequate assistance in determining sovereignty over the maritime features in dispute between Nicaragua and Colombia because nothing clearly indicates whether these features were attributed to the colonial provinces of Nicaragua or of Colombia prior to or upon independence. The Court accordingly
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021finds that neither Nicaragua nor Colombia has established that it had title to the disputed maritime features by virtue of uti possidetis juris (at para. 65).9 The norm aims to avoid disputes over territorial delimitations. In this respect, the uti possidetis doctrine arguably meets two needs: it prevents boundary disputes, and it deters the local exploitation of weaknesses and disorders in newly created States which are often vulnerable to secessionist actions (→ Secession). The first need corresponded to Latin America, while both clearly corresponded to Africa and other parts of the world in recent times. Uti possidetis is today a norm of → customary international law, which does not have constitutive effect and can be derogated consensually by the States involved, invoked to determine the boundaries in newly independent States wherever they may be, thus also in contexts other than decolonization (see paras 11–23 below).10 In this regard, uti possidetis contributes to stability in international relations. In its ultimate aims, it is similar to the principle of intangibility of frontiers enshrined in the 1964 OAU Cairo Resolution, although the latter refers to the prohibition of the use of force against → territorial integrity and political independence (as provided by Art. 2(4) UN Charter), while uti possidetis is instrumental to the determination of boundaries between newly independent States.B. Application11 The first aspect of the application of uti possidetis iuris to be considered is the ‘critical date’, ie, the historic moment when the delimitation is made by taking ‘a photograph of the territory’. The issue of the critical date is intertwined with that of the elements for applying uti possidetis: are there only formal elements or also informal elements? By ‘formal elements’ one alludes to all the formal acts issued in the colonial (or pre-independence) era indicating the existence in that period of a delimitation in a certain area. For example, laws and regulations issued by the former sovereign and describing the limits between various administrative entities. Informal elements amount rather to conduct (or → acquiescence) of the previous sovereign. Acts adopted and conduct taken prior to independence have a paramount role in determining boundaries according to uti possidetis. Uti possidetis is in principle based on the legal acts (‘titles’) adopted by the former sovereign before independence, and on the legal relationship between those acts and the effectivités (ie, ‘the conduct of the administrative authorities proving the effective exercise of territorial jurisdiction in the region during the colonial period’ [Frontier Dispute Case (Burkina Faso/ Republic of Mali) at para. 63]). Frequently the reference parameters were widened: when this happened, both formal elements and conduct from which the existence of territorial divisions at the critical date could be inferred were taken into consideration.12 According to the Chamber of the ICJ in the Frontier Dispute Case (Burkina Faso/ Republic of Mali), there can be several scenarios with regard to the way effectivités interact with titles:Where the act corresponds exactly to law, where effective administration is additional to the uti possidetis juris, the only role of effectivités is to confirm the exercise of the right derived from a legal title. Where the act does not correspond to the law, where the territory which is the subject of the dispute is effectively administered by a State other than the one possessing the legal title, preference should be given to the holder of the title. In the event that the effectivité does not co-exist with any legal title, it must invariably be taken into consideration. Finally, there are cases where the legal title is not capable of showing exactly the territorial
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021expanse to which it relates. The effectivités can then play an essential role in showing how the title is interpreted in practice (at para. 63).It is thus evident for the ICJ Chamber that the legal title has primary relevance in the application of uti possidetis, although effectivités become decisive if legal titles are not available or their interpretation is difficult.13 Acts issued during the period subsequent to the critical date and other data related to that period, including the conduct of States towards unequivocal claims by others, can be taken into consideration as useful elements in obtaining a clearer picture of the situation on the ground at the critical date. In this respect it has been recently stated by the ICJ that, after a perusal of the acts issued by Colombia in a certain area claimed also by Nicaragua and the lack of reaction of the latter (Territorial and Maritime Dispute [Nicaragua v Colombia] [2012] ICJ Rep 624):It has thus been established that for many decades Colombia continuously and consistently acted à titre de souverain in respect of the maritime features in dispute. This exercise of sovereign authority was public and there is no evidence that it met with any protest from Nicaragua prior to the critical date. Moreover, the evidence of Colombia’s acts of administration with respect to the islands is in contrast to the absence of any evidence of acts à titre de souverain on the part of Nicaragua. The Court concludes that the facts reviewed above provide very strong support for Colombia’s claim of sovereignty over the maritime features in dispute (at para. 84).14 If a delimitation treaty is concluded after independence, uti possidetis does not apply (→ Territorial Dispute Case [Libyan Arab Jamahiriya/Chad]) because the agreed delimitation overrides the pre-existent uti possidetis, although the former could also coincide with the latter.15 According to the ICJ in the Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria: Equatorial Guinea Intervening) ([2002] ICJ Rep 303), even if uti possidetis is applicable, a consolidated acquiescence can overcome the former.16 A review of the practice also indicates that, when particular difficulties in the application of uti possidetis iuris arise, equitable criteria are often considered. In these cases, equity has integrated uti possidetis iuris (equity infra legem) but has not substituted the principle (see also → Equity in International Law). This is the position of the ICJ Chamber in the Frontier Dispute Case (Burkina Faso/Republic of Mali), according to which the equity to be applied in the specific case is not equity contra or praeter legem; it is rather ‘equity infra legem, that is, that form of equity which constitutes a method of interpretation of the law in force, and is one of its attributes’ (at para. 28). And it further specifies that ‘[h]ow in practice the Chamber will approach recourse to this kind of equity in the present case will emerge from its application throughout this Judgment of the principles and rules which it finds to be applicable’ (ibid). However, equity infra legem is applied with great caution:The Chamber would however stress more generally that to resort to the concept of equity in order to modify an established frontier would be quite unjustified. Especially in the African context, the obvious deficiencies of many frontiers inherited from colonization, from the ethnic, geographical or administrative standpoint, cannot support an assertion that the modification of these frontiers is necessary or justifiable on the ground of considerations of equity. These frontiers,
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021however unsatisfactory they may be, possess the authority of the uti possidetis and are thus fully in conformity with contemporary international law (at para. 149).17 In recent years the applicability of uti possidetis in situations other than decolonization has also been debated in Europe, where the conclusion was drawn that it is applicable provided that a delimitation exists at the critical date. Recent events such as the dissolution of the Soviet Union, Yugoslavia, and Czechoslovakia confirm this interpretation (→ Czechoslovakia, Dissolution of). Reference to uti possidetis iuris was first made with regard to Yugoslavia. The → Badinter Commission (for the Former Yugoslavia) took a stand in favour of the maintenance of the administrative borders that divided one federated Republic from the other until dissolution took place. According to Opinion No 3 ([11 January 1992] [1992] 3 EJIL 184) of the Badinter Commission, those administrative frontiers would become international boundaries because of uti possidetis iuris, unless the parties agreed otherwise.18 The Badinter Commission’s conclusion was contested by some scholars, although it was applied for the international frontiers of the former Yugoslavia and the transformation of the administrative divisions between the former federated Republics into international boundaries. Specific attention should be given to the fact that all the proposals by international negotiators seeking a peaceful solution in the area were initially based on the territorial divisions on the date of independence of the new entities. This fact was undisputed by the parties. In one of the most contested areas, Bosnia and Herzegovina, the proposed international delimitation of the new State coincided in its entirety with the delimitation that constituted the border of the former federated Yugoslav Republic of Bosnia and Herzegovina on the date of independence. Against this background, the acceptance of uti possidetis was interpreted as a necessary preliminary phase in which the parties decided, by mutual consent, which territorial modifications had to be made. This is confirmed by the content of Annex 2 to the Dayton Agreement (General Framework Agreement for Peace in Bosnia and Herzegovina [signed and entered into force 14 December 1995] (1996) 35 ILM 89). Observations similar to those made on the Federal Republic of Yugoslavia can be made, mutatis mutandis, for the dissolution of the USSR and Czechoslovakia. In the former case, the boundaries of the former 15 Republics coincided with those of the new States. In the latter, the international boundary set in 1993 coincided with the delimitation separating the two federated entities between 1918 and 1992 and with the international boundary in force between Austria and Hungary before 1918.19 Uti possidetis can be applied to boundaries which were either internal (intra-colonial or between federated Republics) or international during the colonial or federal period. The exact location of frontier lines is often referred to—especially in cases of internal boundaries before independence—in specific agreements or in arbitral awards. Those States where uti possidetis has been most frequently applied, ie, Latin America and African States, deemed uti possidetis as a starting point when drafting specific delimitation agreements or deferring the issue of boundary determination to an arbitrator.20 Uti possidetis is a norm operating particularly in the first phase of the relationships established between newly independent States. Unless there are other points of reference, these States adopt pre-existing delimitations as international frontiers. With the passage of time uti possidetis as the norm autonomously defining the territory of newly independent States is ‘overridden’ (rectius ‘specified’) by the delimitations set by these very States. In this context, uti possidetis tends to act as a norm that ‘retires’ when two → neighbour States set their boundaries either by agreement or arbitral decision. Thus, in contemporary international law uti possidetis applies only when delimitations set before independence are
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021identified or when a ‘new’ delimitation has not been drawn on the basis of other principles or criteria.21 A final aspect of the functioning of uti possidetis refers to its relationship to the right of people to → self-determination. Those who believe that there is a conflict between uti possidetis and self-determination underline the arbitrary nature or authoritarian character of delimitations of the colonial era or of the central authorities of a federal State against the will of the interested populations. In Frontier Dispute (Burkina Faso/Republic of Mali) it was stated that, ‘at first sight’ uti possidetis ‘conflicts outright’ with the right of people to self- determination (at para. 25). In the same case it was said, however, that the maintenance of the → status quo in Africa is[O]ften seen as the wisest course, to preserve what has been achieved by people who have struggled for their independence, and to avoid a disruption which would deprive the continent of the gains achieved by much sacrifice (at para. 25).According to a synthetic and enlightening statement of a former President of the ICJ, Dame Rosalyn Higgins, ‘[u]ti possidetis does not prevent States freely agreeing to redraw their frontiers. But self-determination does not require this of them.’22 If one sees uti possidetis as a norm for determining boundaries between newly constituted States, a conflict between the two principles can be envisioned only if, during colonial times, territorial delimitations had the sole purpose of dividing homogeneous populations or ethnic or religious groups. If this is the case, the violation of the right of people to self-determination is so blatant that those delimitations can be qualified as illicit acts. Some authors underline that we should not underestimate the consequences of adopting territorial delimitations which, on certain occasions, ignore the century-old ethnic, social, and cultural fabric of the territory; however, it was also observed that framing an inevitable conflict between the two principles in such cases means assigning an inappropriate role to uti possidetis. In fact, the two principles have different functions: uti possidetis refers to territorial delimitations of newly independent States, while the right of peoples to self-determination concerns the freedom of a people to choose its political, economic, and social status.23 According to some scholars, it is not always necessary to draw ex novo international frontiers to allow people living in a territory belonging to a newly independent State to exercise their right of self-determination. The right of a people to self-determination can be achieved through means other than redrawing the delimitations existing at the time of independence: for example, when newly independent States have agreed upon territorial modifications and the population concerned has been authorized to vote thereon, or where there is transborder cooperation. History teaches that when uti possidetis is contested by one party and no alternative to uti possidetis is provided (such as the conclusion of a delimitation agreement or the deferral of the delimitation to a judicial or arbitral award) the risk of instability and clashes increases enormously.Select BibliographyLI Sànchez Rodrìguez ‘Uti possidetis: la reactualización jurisprudencial de un viejo principio (a propósito de la sentencia del TIJ [Sala] en el asunto Burkina Fasso/ Republica de Mali)’ (1988) 40(2) REDI 121–51.G Nesi ‘Uti possidetis juris e delimitazioni marittime’ (1991) 74 RivDirInt 534–70.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021S Torres Bernárdez ‘The “Uti Possidetis Juris Principle” in Historical Perspective’ in K Ginther (ed) Völkerrecht zwischen normativem Anspruch und politischer Realität: Festschrift für Karl Zemanek zum 65. Geburtstag (Duncker & Humblot Berlin 1994) 417–38.JM Sorel and R Mehdi ‘L’uti possidetis entre la consécration juridique et la pratique: essai de réactualisation’ (1994) 40 AFDI 11–39.G Nesi L’uti possidetis iuris nel diritto internazionale (CEDAM Padova 1996).SR Ratner ‘Drawing a Better Line: Uti Possidetis and the Borders of New States’ (1996) 90 AJIL 590–624.MN Shaw ‘The Heritage of States: The Principle of Uti Possidetis Juris Today’ (1996) 67 BYIL 75–154.MG Kohen Possession contestée et souveraineté territoriale (Presses Universitaires de France Paris 1997).LI Sànchez Rodrìguez ‘L’uti possidetis et les effectivités dans les contentieux territoriaux et frontaliers’ (1997) 263 RdC 151–381.MN Shaw ‘Peoples, Territorialism and Boundaries’ (1997) 8 EJIL 478–507.MG Kohen ‘Le problème des frontières en cas de dissolution et de séparation d’Etats: quelles alternatives?’ (1998) 31 RBDI 129–60.G Nesi ‘L’uti possidetis hors du contexte de la décolonisation: le cas de l’Europe’ (1998) 44 AFDI 1–23.E Milano Unlawful Territorial Situations in International Law: Reconciling Effectiveness, Legality and Legitimacy (Nijhoff Leiden 2006).SR Ratner ‘Land Feuds and Their Solutions: Finding International Law Beyond the Tribunal Chamber’ (2006) 100 AJIL 808–29.G Abi-Saab ‘Le principe de l’uti possidetis: son rôle et ses limites dans le contentieux territorial international’ in MG Kohen (ed) Promoting Justice, Human Rights and Conflict Resolution through International Law/La promotion de la justice, des droits de l’homme et du règlement des conflits par le droit international: Liber Amicorum Lucius Caflisch (Nijhoff Leiden 2007) 657–71.Y Tanaka ‘Reflections on Maritime Delimitation in the Nicaragua/Honduras Case’ (2008) 68 ZaöRV 903–37.MG Kohen ‘L’uti possidetis iuris et les espaces maritimes’ in Le procés international. Liber amicorum Jean-Pierre Cot (Bruylant Brussels 2009) 155–70.P Couvreur ‘Note sur le “droit” colonial français dans la mise en oeuvre de l’uti possidetis juris par la Cour internationale de Justice’ in M Kanga and M Moïse Mbengue (eds) L’Afrique et le droit international, Liber Amicorum en l’honneur de Raymond Ranjeva (Pedone Paris 2013) 111–24.MN Shaw ‘The International Court of Justice and the Law of Territory’ in CJ Tams and J Solan (eds) The Development of International Law by the International Court of Justice (OUP Oxford 2013) 151–76.MG Kohen ‘La relation titres/effectivités dans la jurisprudence récente de la Cour internationale de Justice (2004–2012)’ in D Alland and others (eds) Unité et diversité du droit international. Ecrits en l’honneur du Professeur Pierre-Marie Dupuy (Nijhoff Leiden Boston 2014) 599–614.A Peters ‘The Principle of Uti Possidetis Juris: How Relevant Is It for Issues of Secession?’ in C Walter A von Ungern-Sternberg and K Abushov (eds) Self- Determination and Secession in International Law (OUP Oxford 2014) 95–137.DM Ahmed Boundaries and Secession in Africa and International Law: Challenging uti possidetis (CUP Cambridge 2015).LC Lima ‘Some Remarks on the Treatment of Municipal Law in the Application of the uti possidetis Principle by the International Court of Justice’ in M Arcari L Balmond and A-S Millet-Devalle (eds) La géstion des espaces en droit international et
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 07 April 2021européen/The Management of Spaces in International and European Law (Editoriale Scientifica Naples 2016) 51–70.Société française pour le droit international Droit des frontières internationales/The International Law of Borders (Pedone Paris 2016).Select DocumentsArbitral Award of 31 July 1989 (Guinea-Bissau v Senegal) [1991] ICJ Rep 53.Conference on Yugoslavia Arbitral Commission Opinion No 3 (11 January 1992) (1992) 31 ILM 1499.Frontier Dispute (Benin/Niger) [2005] ICJ Rep 90.Frontier Dispute (Burkina Faso/Niger) [2013] ICJ Rep 44.Frontier Dispute (Burkina Faso/Republic of Mali) [1986] ICJ Rep 554.Land, Island and Maritime Frontier Dispute (El Salvador/Honduras: Nicaragua intervening) [1992] ICJ Rep 351.Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria: Equatorial Guinea Intervening) [2002] ICJ Rep 303.OAU ‘Border Disputes among African States’ AHG/Res.16(I) (17–21 July 1964).Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia) [2002] ICJ Rep 625.Territorial Dispute (Libyan Arab Jamahiriya/Chad) [1994] ICJ Rep 6.Territorial and Maritime Dispute [Nicaragua v Colombia] [2012] ICJ Rep 624.
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J.C. Guerra Velasco, “Forest Science, Technical Practices, Timber Policy and Colonial Context in Equatorial Guinea (1929-1968),” Scripta Nova, Vol. XXIII. No. 613 (1 May 2019) (excerpt)
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TRANSLATION WATER STREET TRANSLATIONS Scripta Nova Revista Electrónica de Geografía y Ciencias Sociales Universitat de Barcelona [Digital Journal of Geography and Social Sciences University of Barcelona] ISSN: 1138-97 Vol. XXIII. No. 613 May 1, 2019 FOREST SCIENCE, TECHNICAL PRACTICES, TIMBER POLICY AND COLONIAL CONTEXT IN EQUATORIAL GUINEA (1929-1968) Juan Carlos Guerra Velasco Geography Department University of Valladolid [email protected] Received: 4/24/18; Returned for corrections: 7/2/18; Accepted: 10/9/18 Forest Science, Technical Practices, Timber Policy and Colonial Context In Equatorial Guinea (1929-1968) (Abstract) Starting in the mid-1920s, timber production in the forests of the current Republic of Equatorial Guinea experienced an intense transformation. It ceased being controlled by certain European commercial companies and became a colonial practice sustained by the influx of significant metropolitan capital financial resources. Using 1929 as an initial point of reference, when the Forestry Service of the Spanish Territories in the Gulf of Guinea was created, this study addresses a dual development: forest administration in the colony, and forestry knowledge and how it is transferred or produced within the colony. The former shows the actual role of the Service. The latter sheds light on how the four key concepts of scientific forest management (i.e. measurement, renewal, profit and regulation) adopted new meanings pursuant to the practices that Spanish colonialism deployed in the Gulf of Guinea. Keywords: Equatorial Guinea; colonialism; forestry; forest extractivism Forest science, technical practice, wood policy and colonial context in Equatorial Guinea (1929-1968) (Abstract) From the mid 1920’s, wood production in the forest of Equatorial Guinea undergoes an intense transformation. It ceases to being controlled by certain European commercial companies and turns into a colonial practice supported by the influx of important Spanish financial resources/funds. Taking as an initial point of reference 1921, when the Forestry Commission of the Spanish Territories in the Gulf of Guinea was created, the present study deals with a double development: the forest administration in the colony and the forest knowledge and how it is transferred or produced within the colony. The first one shows the actual role of the Commission. The second one allows to grasp how the four key concepts of scientific forestry (i.e. measure, renewal, profit and regulation) adopt a new nuance as per the practice that Spanish colonialism displays in the Gulf of Guinea Key Words: Equatorial Guinea; colonialism; silviculture; forest extractivism
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TRANSLATION Scripta Nova, vol. XXIII, No. 613, 2019 2 WATER STREET TRANSLATIONS Scientific knowledge contributed to the development of European imperialism in the late 19th century and to the colonial practices that accompanied it. Knowledge related to space, construed most broadly, played a significant role in these activities. It was a fundamental element in the design of the imperial project and in the exercise of colonial power.1 In terms of knowledge regarding raw materials as an element with an obvious territorial dimension, European forest science and the professionals who practiced it were fully involved in the domination and transformation of the space involved in colonialism. The sustained supply of timber served to imprint rationality on the service of the metropolitan market that enabled a display of the technical hegemony of the European powers, the development of new forms of territorial control in the colonies and the aspiration to channel the vitality of the forest into the logic of capitalism.2 At that time, scientific forest management could be defined as the application of scientific methods of forest ecology to the obtention of the greatest possible production of timber for commercial ends. This was an instrumental calculation wherein the value of the forest was defined in terms of material “output.”3 This fully identifies it with the objectives of industrial capitalism that dominated Europe since the early 19th century. The confluence of the two was fostered by four fundamental concepts that broke with preceding forestry knowledge: measurement, renewal, profit and regulation.4 The first reflected the need to know how much timber was available; the second had the purpose of guaranteeing the continued existence of the forest; the third was a direct reflection of the logic of industrial capitalism; and the fourth was an expression of the control necessary for renewal and profit to be feasible. Their manifestation in space was forest planning, in other words, establishing mechanisms to extract materials from trees in such a way as to foster the sustained and consistent production of timber and to obtain stable and reliable revenue. These principles were transported to the colony, but contact with these principles showed that they were expressed in a different form in practice from the original concepts. From a technical standpoint, working in forest ecosystems that were different from the settings in which modern forestry emerged led to a significant problem for its implications: how to manage forests in which a reduced number of species of interest to commerce and a low representation per unit of surface area could be exploited in a notably larger setting that does not have these species.5 European forestry based its scientific corpus on the measurement and renewal of mono-specific masses of trees, in which all or most of the taxa they comprise have industrial uses. 1 Blais, Deprest & Singaravélou, 2011. 2 Lanz, 2000; Cleary, 2005. 3 Lanz, 2000. 4 Dargavel & Johann, 2013. 5 Aubrèville, 1929; Bergeret, 1993; Munshi, 1996; Dargavel & Johann, 2013.
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FOREST SCIENCE, TECHNICAL PRACTICES, TIMBER POLICY AND COLONIAL CONTEXT... 3 WATER STREET TRANSLATIONS Regardless of whether the development of technical applications that permit the exploitation of the wood of more species is relied upon, the answer to the singular nature of the forest demanded a reformulation of the concepts brought over from Europe. A variety of methods were tried and tested, although they shared a common denominator once the substitution of species was abandoned as unfeasible: increasing the density of species of industrial interest using procedures that were not too costly. The aim was to “improve” the future composition involving useful species in tropical forests, to “enrich” them, in the language of colonial forestry. Intervention in the forests was resolved not only in terms of forest ecology. In order to apply scientific knowledge, it was necessary to endow it with operational instruments and certain spatial constructions. In other words, science was transformed into policy, and this pivot rested on a tripod of control: territorial control of the forest, control over obtaining the most profitable products of the forest, and control of the labor necessary for the intensive job performed by the workforce.6 These principles were adopted by the colonial forestry services that the European metropolises set into motion in Africa and Asia throughout the latter decades of the 19th century and the early decades of the 20th century.7 All of them took on a dual technical and fiscal role and, according to some authors, their development permitted a glimpse of a progressive and momentous change in thinking. Although at the start, conservation seemed to characterize the mode of colonial exploitation of the forest, the growing demand for timber at the start of the First World War gave rise to an extractive mentality that continued all the way up to decolonization.8 The case of colonial forest management and Spanish forestry practices in Guinea was unique. In comparison with the neighboring colonies, its development was belated and incomplete.9 Forestry does not have the property of being performative. Contrary to the thesis defended by some authors, the presence of a forest engineer did not inaugurate forest science in the colony, nor did it guarantee sustained extraction from the forest.10 What was needed was practice. Moreover, such practice had for a long time been part of the work of Spanish forest engineers in the metropolis. During the second half of the 19th century, through forest planning and 6 Vandergest & Lee, 2006. 7 Buchy, 1993; Bryant, 1996; Lanz, 2000; Vandergest & Lee, 2006; Weil, 2006; Dargevel & Johann, 2013; Garrido, 2014; McElwee, 2016; Tano, 2016; Guerra & Pascual, 2017. 8 Weil, 2006. 9 The Forest Service of the Spanish Protectorate in Northern Morocco is from 1913. This rapid step did not take place in continental Guinea. The Forest Service of the Spanish Territories in the Gulf of Guinea was created in 1929, several years after the neighboring colonies had set up their own: Ivory Coast in 1912, Gabon and the French Congo in 1922, and Cameroon as a French colony in 1924, although it already had one under German rule prior to World War One. In the case of the French, quite a few of the problems arose that were later manifested in the Spanish experience: scant interest in technical work in the colonies and insufficient financial resources. Nevertheless, the French foresters in the colonies of equatorial Africa developed several projects over time which, from an experimental viewpoint, were aimed at resolving the forest management problems involved in the management of logging in the forests. 10 García Esteban & Martínez, 2000; García Pereda, 2013 and 2015.
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TRANSLATION Scripta Nova, vol. XXIII, No. 613, 2019 4 WATER STREET TRANSLATIONS reforestation projects, a notable body of doctrine was developed that allowed them to deploy intense technical activity throughout a large part of the following century.11 This work was structured into four large bodies of thought. The first set forth the principal characteristics of the forest economy being developed in continental Guinea during the Spanish colonial period; the second and third presented the principal producers of technical and scientific forestry knowledge; and the fourth and last explained the changes that took place in the canons of forest management upon contact with the colony. The bulk of the documentation used comes from the Fondo África [Africa Collection] of the Archivo General de la Administración [General Archive of the Administration] (AGA). The birth of a forest economy and the development of the concession system in continental Guinea Having laid to rest the “Muni Question,” the 1900 Paris Convention between Spain and France led to an incontrovertible Spanish present in western Equatorial Africa, even though its continental area was reduced to a rectangle measuring 26,000 km2 between the Campo and Muni Rivers. However, it was not until well into the 1920s that Spanish colonial occupation, the administrative structures it entailed and the spatial constructions it created, moved beyond the coastal strip where it had been contained up to that point and extended towards the interior of the continent. The timber business played a key role in this progress. It was profoundly transformed in the mid-1920s. Before that time, it reflected the needs of the commercial capitalism deployed along the coasts of the Gulf of Guinea by certain European companies. From this point forward, it was transformed into a colonial practice: it reflected an extractive economy; it involved physical control of the forest and administrative control of its products; it introduced boundary fences around the spatial configurations of the native communities; it involved strict control over labor; and it took place in the context of a broader program of social and cultural domination of the colony.12 The characteristics of this business have already been set forth: in depth with regard to a first stage (1926-1936), and sketched out in its essential aspects for the subsequent period ending with decolonization in 1968.13 Here is a summary of the key ideas. This business was led by Spanish financial capital invested in companies that behaved as colonial companies. These companies converted timber into the chief export product of the colony, in terms of both volume and value.14 The initial predominance of ocume arose during the first half 11 Gómez, 1992; Gómez & Mata, 1992; Casals, 1996; Pemán, Iriarte & Lario, 2017. 12 Pascual & Guerra, 2017. 13 Guerra & Pascual, 2015a and Guerra & Pascual, 2015b, 2017. 14 Carnero & Díez, 2014.
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TRANSLATION 5 WATER STREET TRANSLATIONS Figure 1. Forestry periods in continental Guinea during the colonial era Source: Developed from a variety of source information
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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 preparedbyChristina Courtright,a linguist with substantialexperience in the translation of documents fromSpanish 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, LLC09/16/21Date
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CIENCIA FORESTAL, PRÁCTICA TÉCNICA, POLÍTICA DE LA MADERA Y CONTEXTO COLONIAL EN GUINEA ECUATORIAL (1929‑1968)Juan Carlos Guerra VelascoDepartamento de Geografía. Universidad de [email protected]: 24/4/18; Devuelto para correcciones: 2/7/18; Aceptado: 9/10/18Ciencia forestal, práctica técnica, política de la madera y contexto colonial en Guinea Ecuatorial (1929‑1968) (Resumen)Desde mediados de la década de 1920, la explotación maderera de las selvas de la actual República de Guinea Ecuatorial conoce una intensa transformación: deja de estar protago-nizada por determinadas compañías comerciales europeas para convertirse en una práctica colonial sustentada por la afluencia de importantes capitales financieros metropolitanos. Tomando como referencia inicial 1929, año en el que se crea el Servicio Forestal de los Te-rritorios Españoles en el Golfo de Guinea, el trabajo expone una doble evolución: la de la administración forestal en la colonia y la de los conocimientos silvícolas que se trasladan o se producen dentro de ella. La primera muestra la forma que el Servicio acaba adquirien-do con el tiempo. La segunda permite vislumbrar cómo los cuatro conceptos nucleares de la silvicultura científica -medida, renovación, beneficio y regulación- adquieren un signifi-cado nuevo con la práctica que el colonialismo español despliega en el Golfo de Guinea. Palabras clave: Guinea Ecuatorial, colonialismo, silvicultura, extractivismo forestalForest science, technical practice, wood policy and colonial context in Equato‑rial Guinea (1929‑1968) (Abstract)From the mid 1920’s, wood production in the forest of Equatorial Guinea undergoes an intense transformation. It ceases to being controlled by certain European commercial companies and turns into a colonial practice supported by the influx of important Spanish financial resources/funds. Taking as an initial point of reference 1921, when the Forestry Commission of the Spanish Territories in the Gulf of Guinea was created, the present study deals with a double development: the forest administration in the colony and the forest knowledge and how it is transferred or produced within the colony. The first one shows the actual role of the Commission. The second one allows to grasp how the four key concepts of scientific forestry (i.e. measure, renewal, profit and regulation) adopt a new nuance as per the practice that Spanish colonialism displays in the Gulf of GuineaKey Words: Equatorial Guinea; colonialism; silviculture; forest extractivismScripta NovaRevista Electrónica de Geografía y Ciencias SocialesUniversitat de BarcelonaISSN: 1138-97Vol. XXIII. Núm. 6131 de mayo de 2019
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Scripta Nova, vol. XXIII, nº 613, 20192Al desarrollo del imperialismo europeo de finales del siglo XIX y de la práctica colonial que lo acompaña contribuyen los saberes de carácter científico. Dentro de éstos desempeñan una función trascendente los conocimientos relacionados, en su sentido más amplio, con el espacio. Son un elemento fundamental en el diseño del proyecto imperial y en el ejercicio del poder colonial.1 En cuanto saber que tiene como materia prima un elemento con una evidente dimensión territorial, la ciencia forestal europea y los profesionales que la encarnan participan plenamente de la dominación y transformación del espacio que implica el colonialismo. El abasteci-miento sostenido de maderas sirve para desplegar una racionalidad al servicio del mercado metropolitano que permite mostrar la hegemonía técnica de las potencias europeas, desarrollar nuevas formas de control territorial en las colonias y aspira a encauzar bajo una lógica capitalista la vitalidad de la selva.2 La silvicultura científica puede definirse en ese momento como la aplicación de métodos científicos de ecología forestal para conseguir la mayor producción de madera con fines comerciales. Es un cálculo instrumental en el que el valor del bosque está definido en términos de material “output”.3 Esto hace que se identi-fique plenamente con los objetivos del capitalismo industrial que se desarrolla en Europa desde los comienzos del siglo XIX. El encaje entre ambos lo propician cuatro conceptos nucleares que rompen con los saberes silvícolas precedentes: medida, renovación, beneficio y regulación.4 El primero por la necesidad de saber con cuánta madera se dispone; el segundo con objeto de garantizar la pervivencia del bosque; el tercero como reflejo directo de la lógica que impone el capitalismo industrial y el último como expresión del control necesario para que la renovación y el beneficio sean posibles. Su manifestación en el espacio es la ordenación de montes; es decir, la instauración de mecanismos de aprovechamiento del arbolado que propicien una producción sostenida y regular de madera y la obtención de una renta estable y segura.Estos principios se trasladan a la colonia; pero el contacto con ésta provoca que en su ejecución práctica se expresen de una forma diferente a la original. Desde un punto de vista técnico, el trabajo con ecosistemas forestales extraños al ámbito en el que nace la moderna silvicultura hace emerger un problema trascendente por sus implicaciones: cómo manejar bosques en los que un reducido número de especies de interés comercial y con una baja representación por unidad de superficie se desarrolla en un conjunto notablemente mayor que no las tiene.5 La silvicultura europea levanta su cuerpo científico sobre la medida y la renovación de masas monoespecíficas, en donde todos o gran parte de los taxones que las componen poseen un aprovechamiento industrial. Con independencia de que se 1 Blais, Deprest y Singaravélou, 20112 Lanz, 2000; Cleary, 20053 Lanz, 20004 Dargavel y Johann, 20135 Aubrèville, 1929; Bergeret, 1993; Munshi, 1996; Dargavel y Johann, 2013
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3CIENCIA FORESTAL, PRÁCTICA TÉCNICA, POLÍTICA DE LA MADERA Y CONTEXTO COLONIAL…confíe en el desarrollo de aplicaciones técnicas que permitan el aprovechamiento de la madera de más especies, la respuesta a la singularidad que posee la selva exige reelaborar los preceptos traídos desde Europa. Las vías que se ensayan son diversas, si bien comparten un denominador común una vez que se abandona por inabordable la sustitución de especies: incrementar la densidad de los pies de interés industrial mediante procedimientos no demasiado costosos. Se trata de “mejorar” la composición futura en especies aprovechables del bosque tropical, de “enriquecerlo” según el discurso forestal colonial.La intervención forestal no se resuelve sólo en términos de ecología forestal. Para que el conocimiento científico pueda ser aplicado, es necesario dotarlo de instrumen-tos operativos y de determinadas construcciones espaciales. Es decir, la ciencia se transforma en política, y ésta pivota sobre un triple control: el territorial del bosque, el de la obtención de los productos más lucrativos de la selva y el de la mano de obra necesaria para las labores intensivas en fuerza de trabajo.6Con estos principios se arman los servicios forestales coloniales que las metrópo-lis europeas ponen en marcha en África y Asia a lo largo de las últimas décadas del siglo XIX y primeras del XX.7 Todos asumen una doble función técnica y fiscal, y en su desarrollo es posible reconocer, según algunos autores, un progresivo y trascendente cambio de pensamiento. Si en un principio la conservación parece impregnar el modo de explotación colonial de la selva, la demanda creciente de madera que inaugura la Primera Guerra Mundial da paso a una mentalidad extractiva que se prolonga hasta el momento de la descolonización.8El caso de la administración forestal colonial y de la práctica silvícola española en la Guinea continental es singular. En comparación con las colonias vecinas su desarrollo es tardío e incompleto.9 La silvicultura no tiene la propiedad de ser per-formativa. Contrariamente a lo defendido por algunos autores, la presencia de un ingeniero de montes no inaugura la ciencia de montes en la colonia ni garantiza el aprovechamiento sostenido de la selva.10 Hace falta una práctica. Ésta, por otro lado, forma parte desde hace ya tiempo en ese momento de los trabajos de los ingenieros de 6 Vandergest y Lee, 20067 Buchy, 1993; Bryant, 1996; Lanz, 2000; Vandergest y Lee, 2006; Weil, 2006; Dargevel y Johann, 2013; Garrido, 2014; McElwee, 2016; Tano, 2016; Guerra y Pascual, 20178 Weil, 20069 El Servicio de Montes del Protectorado español en el Norte de Marruecos es de 1913. Esta celeridad no se da en el caso de la Guinea continental. El Servicio Forestal de los Territorios Españoles en el Golfo de Guinea nace en 1929, unos años después de que las colonias vecinas hayan puesto en funcionamiento los suyos -Costa de Marfil en 1912, Gabón y el Congo Francés en 1922 y el Camerún como colonia francesa en 1924, si bien ya contaba con uno bajo el dominio alemán anterior a la Primera Guerra Mundial-. En el caso francés, aparecen no pocos de los problemas que después se manifiestan en la experiencia española: escaso interés por el trabajo técnico en las colonias e insuficiencia de recursos financieros. No obstante, los forestales franceses en las colonias de África ecuatorial desarrollan con el tiempo numerosos trabajos que, desde un punto de vista experimental, pretenden resolver los problemas silvícolas que conlleva la gestión maderera de la selva.10 García Esteban y Martínez, 2000; García Pereda, 2013 y 2015
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Scripta Nova, vol. XXIII, nº 613, 20194montes españoles en la metrópoli. Durante la segunda mitad del siglo XIX elaboran un notable cuerpo doctrinal que les permite, a través de las ordenaciones de montes y los trabajos de repoblación, desplegar una intensa actividad técnica a lo largo de gran parte de la centuria posterior.11Este trabajo se estructura en cuatro grandes bloques. En el primero se expo-nen las principales características de la economía forestal que se levanta en la Guinea continental durante el período colonial español; en el segundo y tercero se presenta a los principales productores de conocimiento silvícola de carácter técnico-científico, y en el cuarto y último se explica el giro que la silvicultura canónica experimenta en el contacto con la colonia. El grueso de la documentación utilizada proviene del Fondo África del Archivo General de la Administración (AGA).El nacimiento de una economía forestal y el desarrollo del régimen concesional en la Guinea continentalAl poner fin a la “Cuestión del Muni”, el Tratado de París de 1900 entre España y Francia convierte en incontrovertible la presencia española en el occidente del África Ecuatorial, si bien reducida en su parte continental a un cuadrilátero de 26.000 km2 de superficie entre los ríos Campo y Muni. No obstante, no es hasta bien entrada la década de 1920 cuando la ocupación colonial española, las estructuras administrativas que conlleva y las construcciones espaciales que crea rebasan la franja litoral en la que hasta ese momento se halla contenida para extenderse al interior del continente. En dicho avance desempeña una función relevante el negocio forestal. Éste se transforma profundamente a mediados de los años veinte. Hasta entonces res-ponde al capitalismo comercial que despliegan por las costas del Golfo de Guinea determinadas compañías europeas. A partir de ese momento se transforma en una práctica de carácter colonial: responde a una economía extractiva; implica el control físico de la selva y el administrativo de sus aprovechamientos; introduce una malla de límites que se impone a la espacialidad de las comunidades nativas; conlleva un fuerte control de la mano de obra y se enmarca en un proyecto más amplio de dominación social y cultural de la colonia.12 Las características de este negocio ya han sido expuestas: con profundidad para una primera etapa (1926-1936) y esbozadas en sus rasgos esenciales para el recorrido posterior que culmina con la descolonización en 1968.13 Sirvan como resumen algunas ideas. El negocio está protagonizado por capitales financieros españoles con sociedades que se comportan como compañías coloniales. Éstas convierten a la madera en el principal epígrafe de exportación de la colonia, tanto en volumen como en valor.14 El predominio inicial del ocume se matiza a partir de la primera mitad 11 Gómez, 1992; Gómez y Mata, 1992; Casals, 1996; Pemán, Iriarte y Lario, 2017. 12 Pascual y Guerra, 201713 Guerra y Pascual, 2015a y Guerra y Pascual, 2015b, 201714 Carnero y Díez, 2014
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5Figura 1. Los tiempos forestales de la Guinea continental en el período colonialFuente: Elaboración a partir de diversas informaciones
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Scripta Nova, vol. XXIII, nº 613, 20196de la década de 1940: comienzan a ser aprovechadas nuevas especies para el desenrollo -hasta un total de diecisiete, entre las que sobresale el acom- y para el aserrío -alabó, asia, ukola o samanguilla-. En esos mismos años se vive otro cambio. El comercio pasa de dirigirse a los mercados europeos a través del puerto de Hamburgo para abastecer mayoritariamente al mercado metropolitano.15 Por último, las concesiones forestales actúan como intermediación física entre el Esta-do y las compañías coloniales. El volumen de ocume exportado es de unas 15.000 Tm en 1926 y alcanza las 360.000 en 1966. A su vez, en esta última fecha la suma de la superficie explotada en algún momento por las compañías concesionarias alcanza las 327.000 Ha, a las que hay que sumar la madera que proviene de los desbosques de las fincas agrícolas y la que se extrae de las reservas territoriales de los poblados nativos.Con independencia de en qué mercado se coloque, no se puede entender la extracción de madera de la colonia sin acudir a un hecho determinante cuyo alcance rebasa ampliamente la realidad española: la evolución técnica en la transformación industrial de la madera. A lo largo de los siglos XIX y XX se reconocen en el mundo desarrollado unos usos de la madera declinantes, otros renovados y, por último, otros emergentes.16 Entre estos últimos se encuentra la elaboración de tableros contrachapados. Comienzan a fabricarse en Estonia a finales del XIX, extendiéndose rápidamente su producción por Europa. En un inicio se recurre al desenrollo de la madera de abedul, a la que se suma en una proporción cada vez mayor la del ocumen proveniente de las colonias francesas del África ecuatorial -esencialmente del Gabón- y de la Guinea española. España no queda al margen de ese negocio emergente. De hecho, aunque no forma parte de los argumentos de este trabajo, durante no poco tiempo se asiste en torno a un intenso debate entre coloniales y tableristas; es decir, entre las empresas forestales en la colonia y los fabricantes de tablero contrachapado en la metrópoli. Estos suman 17 instalaciones en 1935, para superar la centena poco más de veinte años después.17 Los trabajos fiscales a los que obliga el control de este negocio son los que justifican la creación del Servicio Forestal de los Territorios Españoles del Golfo de Guinea en 1929. Su vida posterior está condicionada por las características de la colonia y por el contexto en el que se desenvuelve la economía forestal de la metrópoli (Figura 1).La administración forestal en la coloniaDesde 1901, la Revista de Montes reclama el aprovechamiento de las selvas de la Guinea continental y la intervención técnica del cuerpo de ingenieros de montes.18 A pesar 15 El mercado metropolitano absorbe en torno a un 30 % de la madera extraída entre 1927 y 1939, para incrementarse hasta el 95 % entre 1940 y 196816 Zapata, 200117 Zapata, 200118 Revista de Montes, 1901, 583; 1913, 867 y 923; 1917, 963
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7del reiterado anuncio de la inminente creación de un servicio forestal, ésta no se produce hasta 1929; y no lo hace como resultado de un plan premeditado sino como consecuencia de un conflicto corporativo en la administración colonial. Antes de esa fecha, los recursos humanos y materiales que el Estado pone al servicio de la explo-tación forestal son, a grandes rasgos, los mismos que actúan en la administración de Fernando Póo desde las últimas décadas del siglo XIX.19 Al ser resultado directo de los trabajos de desbosque para la agricultura de plantación fernandina, los asuntos forestales se encuadran primero en el Negociado de Estadística y Colonización y a partir de 1910-1911 en el Servicio Agronómico Colonial. Sólo desde el momento en el que el hecho concesional adquiere carta de naturaleza, un ayudante de montes destacado en Bata atiende de forma permanente el continente. La llegada de Mi-guel Núñez de Prado como Gobernador General a la colonia en 1926 con el encargo de intensificar la ocupación y explotación del Muni acelera los acontecimientos. A principios de 1927 se convoca un concurso para cubrir una plaza de ingeniero de montes que ocupa poco después por Manuel Carrera.20 Al poco de llegar a la colonia realiza junto con el gobernador general una expedición al interior del continente. El resultado es la elaboración de un informe que, con el objeto de encauzar la política forestal, retrata la situación de la colonia y anticipa algunas de las iniciativas que se despliegan en los años posteriores.21 Propone la creación de un servicio forestal “con independencia propia para verificar los estudios botánico-tecnológico preci-sos, así como para estudiar las vías de saca naturales y verificar reconocimientos al objeto de inventariar la riqueza forestal de la colonia; la realización con toda urgencia de una misión forestal entre Ingenieros de Montes, Industriales y Colonos que se dediquen a la explotación de maderas, al objeto de realizar reconocimientos y recoger muestras de madera para su posterior análisis y comparación con la que importamos del extranjero” y la“creación en España de una Sección dedicada única y exclusivamente al estudio-tec-nológico de la maderas africanas” radicada en el “Instituto de Experiencias Técnico Forestales”.22El Servicio Forestal se crea en 1929, pero no es el resultado del guion antes esbozado. Parece que desde el momento en el que se cubre la nueva plaza surgen tensiones entre el jefe del servicio, ingeniero agrónomo y residente en Santa Isabel, 19 Costa y Calle, 200720 Gaceta de Madrid del 4 de enero y del 11 de febrero de 192721 AGA 81/646422 AGA 81/6464. Esta sección, como tal, no llegó a crearse. En realidad, se refiere al Instituto Nacional de Experiencias Agronómicas y Forestales. En 1929 se transforma en el Instituto Forestal de Investigaciones y Experiencias. Su fusión con el Patronato de Biología Animal y con el Instituto Nacional de Investigaciones Agronómicas en 1971 dan lugar al Instituto Nacional de Investigaciones Agrarias (INIA)
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A. Zimmermann & J. Devaney, “State Succession in Treaties” Max Planck Encyclopedia of Public International Law (last updated July 2019)
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021Content type:Encyclopedia entriesProduct:Max Planck Encyclopedias of International Law [MPIL] Module:Max Planck Encyclopedia of Public International Law [MPEPIL]Article last updated:July 2019State Succession in TreatiesAndreas Zimmermann, James DevaneySubject(s):Sovereignty — Customary international law — State succession, international agreements — Treaties, successive — Codification — UnificationPublished under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020).
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021A. Notion1 State succession refers to ‘the replacement of one State by another in the responsibility for the international relations of territory’ (see, eg Art. 2 (1) (b) Vienna Convention on Succession of States in Respect of Treaties [‘VCSS-T’]; Art. 2 (1) (a) 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts; Art. 2 (a) → International Law Commission [ILC] Articles on Nationality of Natural Persons in relation to the Succession of States; see also the decision of the arbitral tribunal in the Case concerning the Arbitral Award of 31 July 1989 [Guinea-Bissau v Senegal] 83 ILR 31; → Maritime Boundary between Guinea-Bissau and Senegal Arbitration and Case [Guinea- Bissau v Senegal]). It may take place in the form of → cession of territory, the separation of part or parts of the territory of a State to form one or more → States (→ Secession), the complete dismemberment of a State (→ Dismemberment of States), the incorporation of one State into another, or finally the merger of two or more States leading to the creation of a new State (→ New States and International Law). Logically, State succession has therefore to be distinguished from situations of State continuity where a State undergoes significant changes but where no change of title to territory occurs (→ Continuity of States). In particular no State succession occurs where a State is subject to military occupation (→ Occupation, Belligerent; see also → Territorial Integrity and Political Independence), where a revolution or coup d’état takes place, or where, as in a situation of a failed State, no effective government is in existence (→ Failing States).2 Once faced with instances of State succession the logical question arises whether → treaties which beforehand applied to a given territory would then continue to do so or whether instead, at least in the case of a cession of territory or in the case of an incorporation of one State into another, the treaties of the predecessor State would then extend to the territory which was subject to the respective territorial change (see also → Territorial Change, Effects of).B. Historical Development3 Ever since the modern concept of sovereign States developed (→ Sovereignty; → States, Sovereign Equality), instances of territorial changes and accordingly of State succession have occurred. One might refer, inter alia, to the independence of the United States of America and of the former Spanish colonies (see also → Decolonization; → Decolonization: Spanish Territories), as well as to several important cessions such as the cession of Alaska in 1867, or cases of unification such as those of Italy or Germany in the 19th century. After World War I the law of State succession was largely influenced by the creation of new States given the dissolution of both the Austro–Hungarian Empire and the Ottoman Empire (see also → History of International Law, World War I to World War II). After 1945 a large number of former dependent territories gained independence, which brought about the question whether such ‘newly independent States’ would continue to be bound by treaties previously entered into by their respective predecessor State (see also → History of International Law, since World War II). It was in light of these developments that the United Nations General Assembly (→ United Nations [UN]; → United Nations, General Assembly) requested the ILC to codify the law of State succession with regard to treaties which finally in 1978 led to the adoption of the VCSS-T (see also → International Law Development through International Organizations, Policies and Practice). The convention, however, only entered into force in 1996, and so far has only 23 contracting parties, one main reason being that the text significantly favours the interests of former dependent territories, ie so- called newly independent States. After 1990 the dissolution of the Union of Soviet Socialist Republics (‘USSR’ ; → Russia; see also → Commonwealth of Independent States [CIS]), the former Yugoslavia, (→ Yugoslavia, Dissolution of) and Czechoslovakia (‘CSFR’; → Czechoslovakia, Dissolution of), as well as the (re)unification of Germany (see → Germany,
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021Legal Status after World War II) and → Yemen, constituted more recent cases of State succession and further developed applicable norms of → customary international law. The contemporary relevance of the law of State succession is clear, as illustrated by the creation of the State of South Sudan in 2011, and possible future cases such as → Kosovo, Moldova, Scotland, Catalonia, and Iraqi Kurdistan.C. General Features of the Law of State Succession with regard to Treaties4 Generally speaking, the law of State succession with regard to treaties is characterized by two features. First, and unlike in the case of the general law of treaties, no generally accepted codification exists (→ Codification and Progressive Development of International Law). Second, → State practice is far from uniform in nature and is to a large extent characterized by pragmatic, case-by-case solutions. Accordingly there are very few rules of State succession that can be characterized as having undoubtedly achieved the status of customary international law. Nevertheless, certain rules may be said to have acquired the status of customary international law as will be outlined below. Even so, such rules cannot be applied in a way that is incompatible with the object and purpose of the treaty concerned (→ Treaties, Object and Purpose), in a way that fundamentally alters the conditions for the treaty’s operation, or in a way that differs from that upon which the States concerned have agreed. Finally, both the States involved in the process of succession, as well as third States which are contracting parties to the treaties concerned, are under a general obligation to settle peacefully questions arising in the context of the succession by → negotiation or any other agreed method of their choice (→ Peaceful Settlement of International Disputes).5 The law on State succession with regard to treaties has for a long time been dominated by the dichotomy between an alleged principle of universal succession on the one hand and a tabula rasa approach on the other. While the former favours the interests of third States in the upholding of treaty relations, the latter corresponds to a rather strict understanding of sovereignty. Neither of the two principles can however offer a practicable solution for various scenarios where State succession takes place. Accordingly, under customary international law more nuanced solutions have been developed in the past or, at the very least, might be in the process of being formed.6 Given these uncertainties, States involved in the process of succession, ie the respective predecessor State and the successor State, have in the past frequently concluded so-called devolution agreements according to which the treaties of the predecessor State would devolve upon the successor States. Yet, as Art. 8 (1) VCSS-T confirms, such a devolution agreement does not, as such, in line with the pacta tertiis principle (→ Treaties, Third-Party Effect), bring about succession to such treaties.7 Since in most cases no undisputed rules exist as to an automatic succession to treaties, successor States willing to succeed to multilateral treaties of their predecessor State can, by way of a unilateral → declaration addressed to the respective → depositary, confirm their succession (→ Unilateral Acts of States in International Law). It remains doubtful, however, whether such declarations are of a declaratory or a constitutive nature depending on what position one takes as to the principle of automatic succession. In any case, taking into account the practice of various depositaries, such declarations of succession are only considered to bring about succession provided they are not of a general character, but instead list specific treaties to which the successor State wants to succeed. That does not exclude, however, that such a general declaration could produce a binding effect under other rules of general international law, such as, for example, the principle of → estoppel or related concepts. Besides, any declaration of succession, even when specifically dealing
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021with a given treaty, may only bring about succession in cases where the treaty, given its character and content, is open for adherence by the successor State.D. Specific Categories of State Succession1. Cession of Territory8 With regard to cession of territories the so-called moving treaty frontiers principle, as codified in Art. 15 VCSS-T, applies. This principle, which is also somewhat reflected in Art. 29 → Vienna Convention on the Law of Treaties (1969) (‘VCLT’), represents one of the most settled aspects of the law of State succession with regard to treaties. Accordingly, treaties of the predecessor State cease to be in force in respect of the ceded territory while treaties of the successor State generally extend ipso facto to this territory. This approach was followed with regard to the transfer of → Hong Kong, → Macau, and → Walvis Bay.2. Unification of States: Incorporation of One State into Another and Merger of Two States9 Where one State voluntarily decides to be incorporated into another, as was the case with the German Democratic Republic, which became part of the Federal Republic of Germany as of 3 October 1990, the former ceases to exist as a subject of international law (→ Subjects of International Law), while the territory of the latter extends to that of the incorporated State. In such a scenario, which was not envisaged in the VCSS-T, the treaties of the incorporating State extend to the absorbed territory while the treaties of the incorporated State, with the notable exception of localized treaties, ipso facto lapse unless the parties involved decide otherwise.10 In contrast, where two States merge to form a new State, as was the case with regard to the Yemenite unification, the model provided for in Art. 31 VCSS-T, at least by and large, applies. Accordingly, all treaties entered into by either of the two predecessor States, both of which cease to exist as of the time of unification, continue to be in force, albeit with the territorial scope of application of such treaties being limited to the territory to which they had already been applied beforehand (in accordance with Art. 31 (2) VCSS-T). Together, Art. 31 (1) and (2) create a split treaty regime which potentially results in diverging obligations for the State and unequal rights for individuals within the same territory. However, the practical effect of these provisions is limited, with Yemen remaining the sole example of succession of this kind, preventing any determination as to their customary status.3. Complete Dissolution of a State11 When a part or parts of the territory of a State separate to form one or more States, whether or not the predecessor State continues to exist, Art. 34 VCSS-T provides that, as a matter of principle, the treaties of the predecessor State automatically continue in force in respect of each successor State. State practice, and in particular that concerning the dissolution of the Socialist Federal Republic of Yugoslavia, as well as that concerning the CSFR, at least somewhat tends to confirm the customary law nature of this rule. In addition, the Arbitration Commission of the Peace Conference on the Former Yugoslavia (→ Badinter Commission [for the Former Yugoslavia]), set up under the auspices of the Peace Conference for the former Yugoslavia, considered the principles of international law embodied in the VCSS-T to constitute at least a starting point for its considerations.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 20214. Separation12 Unlike in the case of a complete dismemberment, a mere separation presupposes that one of the entities existing on the territory of the predecessor State continues its legal personality and is, as such, identical, although in a limited geographical way, with that predecessor State. A prominent example in this regard is the case of the USSR, where the Russian Federation was generally, including by the → International Court of Justice (ICJ), considered to continue the legal personality of that State. Accordingly the continuing State automatically continues all treaty relations of the predecessor State unless such treaties are localized on the territory of a successor State, a result enshrined in Art. 35 VCSS-T.13 It is less clear, however, whether the successor States which separated from the rump State are automatically bound by all treaties previously entered into by their predecessor State. Recent State practice, including that of South Sudan, is even less uniform than that in cases of complete dissolution of a State. Such practice has cast doubt upon the application of Art. 34 VCSS-T and precludes any claims with regard to its having achieved customary status.14 In any case such a successor State has the right, by way of a unilateral declaration of succession, to become ex tunc a party to multilateral treaties of its predecessor State unless such treaty membership is in one way or another limited to a certain group of States.5. Newly Independent States15 The VCSS-T, in line with previous State practice, defined the category of so-called newly independent States in its Art. 2 (1) (f) by referring to such a State as ‘a successor State the territory of which immediately before the date of the succession of States was a dependent territory for the international relations of which the predecessor State was responsible’. The concept thus covers former colonies (→ Colonialism). In line with the post- independence practice of many former dependent territories Art. 16 VCSS-T, applying the clean slate or tabula rasa principle, provides that any such newly independent State is not bound to maintain in force, or to become a party to, any treaty of its predecessor State, but that it may establish its status as a party to any such treaty by way of a unilateral declaration. The relatively few dependent territories which came into existence after 1978 have, by and large, followed the model prescribed by the convention and have in particular claimed a right to apply the terms of individual treaties inherited from their predecessor provisionally until such time as they inform the depository or (in the case of bilateral treaties) the respective other party otherwise. With the definite end of the historical process of decolonization, the very concept of newly independent States has however lost its relevance.E. Specific Questions1. Border Treaties16 Both State practice up to and after the VCSS-T and Art. 11 VCSS-T itself as well as various decisions of international (arbitral) tribunals (→ Arbitration) confirm that a succession of States does not, as such, affect a land or maritime boundary established by a treaty (→ Boundaries). This is even true where otherwise the respective successor State would not succeed to the treaties of its predecessor State. This is in line with the general interest of the → international community in the stability and inviolability of boundaries, which is also enshrined in the → uti possidetis doctrine.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 20212. Other Forms of Localized Treaties17 Recent State practice also demonstrates that other forms of localized, dispositive, or real treaties—sometimes also referred to as treaties running with the land—ie treaties which relate to the use of any territory, or to restrictions upon its use, established by a treaty for the benefit of any territory of a foreign State and considered as attaching to the territories in question are similarly subject to an ipso iure succession regime by the successor State to whose territory they relate. This principle, already contained in Art. 12 VCSS-T, was confirmed by the ICJ in its 1997 judgment in the → Gabčíkovo-Nagymaros Case (Hungary/Slovakia) ([1997] ICJ Rep 7).3. Human Rights and Related Treaties18 The practice of supervisory bodies established in accordance with the various human rights treaties, such as the → Human Rights Committee, indicates that successor States are in all circumstances bound by treaty obligations entered into by their respective predecessor State in the field of → human rights, even where otherwise no State succession with treaties would take place. This approach has however so far not been followed uniformly in recent instances of State succession, in particular where new States have been created. It therefore still remains somewhat doubtful whether, at this stage, a new rule of customary international law has already been created, even more so since the ICJ has so far avoided tackling the issue in the various cases concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide (→ Application of the Convention on the Prevention and Punishment of the Crime of Genocide Case [Bosnia and Herzegovina v Serbia and Montenegro]; → Application of the Convention on the Prevention and Punishment of the Crime of Genocide Case [Croatia v Serbia]). Any such assumption of automatic succession with regard to human rights treaties would however be buttressed by their specific character, namely the fact that they grant individual rights and that they have been concluded with due regard to Art. 55 → United Nations Charter ([adopted 26 June 1945, entered into force 24 October 1945] 1 UNTS 16). State practice also seems to indicate that → concordats as well as treaties in the field of international humanitarian law (→ Humanitarian Law, International), like human rights treaties, might also be considered treaties which are subject to automatic succession.4. Bilateral Investment Treaties (BITs)19 In recent times arguments have been advanced in support of universal succession in relation to bilateral investment treaties (‘BITs’) (→ Investments, Bilateral Treaties). Such arguments have generally sought to challenge the supposedly bilateral nature of such treaties. For instance, despite the fact that BITs are concluded between two States, proponents of the continued application of investment treaties point to the fact that such agreements confer substantive rights on individuals (foreign investors) which can be enforced through resort to international tribunals. Similarly, others have made reference to vested, acquired, or even human rights (by analogy) which have traditionally been cited in support of the continuity of treaties.20 However, despite the practical appeal of continuity with regard to such treaties, which would also be in line with the general thrust of Art. 34 VCSS-T, State practice indicates that States prefer to retain control over the operation of such agreements, negotiating with treaty partners on a case-by-case basis.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 20215. Membership in International Organizations21 The almost uniform practice of international organizations, including that of the UN, demonstrates that in cases of separation or dismemberment, no succession with regard to membership takes place (→ International Organizations or Institutions, Membership). If one of the successor States, however, continues the legal identity of a given Member State of the organization, that State also inherits the membership in the organization, as was, for example, the case with regard to the Russian Federation. It is for that reason that the Federal Republic of Yugoslavia’s claim to continued membership in the UN was not accepted so that it finally had, like the other successor States of the former Yugoslavia, to apply for admission as a new member. Recent practice with regard to, for example, membership in the → International Centre for Settlement of Investment Disputes (ICSID) by → Slovenia, → Bosnia and Herzegovina, → Croatia, → North Macedonia, → Serbia, → Montenegro, Kosovo, and South Sudan, all of which have acceded as new members, confirms this practice.22 In contrast thereto, where two Member States of an international organization unify in one way or another, be it by way of a merger or be it by way of absorption, the respective successor State always continues one single amalgamated membership. In contrast to the practice of other international organizations, both the → International Monetary Fund (IMF) and the World Bank (→ International Bank for Reconstruction and Development [IBRD]) as well as → regional development banks such as the Asian Development Bank, the Inter- American Development Bank, or the European Bank for Reconstruction and Development, have normally accepted the possibility of successor States acquiring membership status through succession, provided however that the relevant organ of the organization in question has beforehand determined that the successor State fulfils the necessary requirements for membership including taking over, where applicable, a share of the → debts incurred by its predecessor State.6. Succession with regard to Treaties Not Yet in Force at the Time of Succession23 Under current customary international law, States may succeed to both the status of a contracting State, as well as to the status of a signatory State. Where a necessary quorum has not been reached ex ante, declarations of succession are also counted towards such requirement.7. Succession concerning Reservations and Objections to Reservations24 State practice demonstrates that where States automatically succeed to treaties of their predecessor State, they might not enter new reservations (→ Treaties, Multilateral, Reservations to). Instead they may only, if they so wish, retain reservations previously entered into by their predecessor State. With regard to a possible succession to objections to reservations of third States, no clear pattern of State practice can yet be perceived, although there is at least a certain tendency that with regard to such objections, too, a succession takes place.F. Assessment25 After the end of the era of decolonization it had seemed that issues of State succession had become moot to some extent. Yet subsequent developments occurring in Eastern Europe in relation to the disintegration of the USSR, the CFSR, and the former Yugoslavia, the transfer of sovereignty with regard to Hong Kong and Macau, and the creation of the new State of South Sudan have demonstrated its continued relevance. It therefore cannot be ruled out that further instances of State succession will occur again sooner or later.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021Practice since the coming into force of the VCSS-T has reinforced the customary law character of a limited number of rules of State succession with regard to treaties, such as, for example, the moving boundary rule in cases of cession of territory or the principle of automatic succession to boundary and other localized treaties. However, in light of the lack of uniform practice, it remains to be seen whether universal succession to treaties in cases of separation or complete dismemberment of a State, or the rule according to which human rights treaties are always subject to automatic succession, will achieve customary international law status in the future.Select BibliographyW Schönborn Staatensukzessionen (Kohlhammer Stuttgart 1913).H Wilkinson The American Doctrine of State Succession (Johns Hopkins Press Baltimore 1934).E Castrén ‘Aspects récents de la succession d’états’ (1951) 78 RdC 379–506.W Jenks ‘State Succession in Respect of Law-Making Treaties’ (1952) 29 BYIL 105–44.K Zemanek Gegenwärtige Fragen der Staatensukzession (Müller Karlsruhe 1964) 56– 100.K Zemanek ‘State Succession after Decolonization’ (1965) 116 RdC 181–300.DP O’Connell State Succession in Municipal Law and International Law (CUP Cambridge 1967) vols 1–2.M Marcov Accession à l’indépendance et succession d’états aux traités internationaux (Fribourg Suisse 1969).AG Pereira La succession d’états en matière de traité (Pedone Paris 1969).M Bedjaoui ‘Problèmes récents de succession d’états dans les états nouveaux’ (1970) 130 RdC 454–585.DP O’Connell ‘Recent Problems of State Succession in Relation to New States’ (1970) 129 RdC 95–206.O Udokang Succession of New States to International Treaties (Oceana Publications Dobbs Ferry NY 1972).M Mutiti State Succession to Treaties in Respect of Newly Independent African States (East African Literature Bureau Kampala 1977).M Yasseen ‘La Convention de Vienne sur la succession d’Etats en matière de traités’ (1978) 24 AFDI 59–113.M Maloney ‘Succession of States in Respect of Treaties: The Vienna Convention of 1978’ (1979) VaJIntlL 885–914.DP O’Connell ‘Reflections on the State Succession Convention’ (1979) 39 ZaöRV 725– 39.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021I Sinclair ‘Some Reflections on the Vienna Convention on Succession of States in Respect of Treaties’ in EJ Manner (ed) Essays in honour of Erik Castrén (Finnish Branch of the International Law Association Helsinki 1979) 149–83.H Treviranus ‘Die Konvention der Vereinten Nationen über Staatensukzession bei Verträgen: Ergebnisse der Konferenz in Wien 1977 und 1978’ (1979) 39 ZaöRV 259– 300.R Szafarz ‘Vienna Convention on Succession of States in Respect of Treaties: A General Analysis’ (1979–80) 10 PolishYIL 77–113.EG Bello ‘Reflections on Succession of States in the Light of the Vienna Convention on Succession of States in Respect of Treaties 1978’ (1980) 23 GYIL 296–322.W Poeggel R Meissner and C Poeggel Staatennachfolge in Verträge (Staatsverlag der DDR Berlin 1980).K Zemanek ‘Die Wiener Konvention über die Staatennachfolge in Verträge’ in H Miehsler (ed) Ius Humanitatis (Duncker und Humblot Berlin 1980) 719–38.A Borrás ‘Algunos aspectos de la sucesión de Estados en materia de Tratados Internacionales y el Convenio de Viena de 22 de agosto de 1978’ (1981) 33 REDI 51– 74.W Fiedler ‘Die Konventionen zum Recht der Staatensukzession: Ein Beitrag der ILC zur Entwicklung eines “modern international law”?’ (1981) 24 GYIL 9–62.P Cahier ‘Quelques aspects de la Convention de 1978 sur la succession d’Etats en matière de traités’ in B Dutoit (ed) Mélanges Georges Perrin (Payot Lausanne 1984) 63–76.Z Mériboute La codification de la succession d’Etats aux traités (Presses Universitaires de France Paris 1984).A Gruber Le droit international de la succession d’états (Bruylant Bruxelles 1986).H Kwon Koo ‘The Uniting of Divided States in the Vienna Convention on Succession of States in Respect of Treaties’ (1990) 18 KoreanJCompL 114–73.B Brüggemann Probleme der Staatensukzession (Doctoral thesis Münster University 1991).S Oeter ‘German Unification and State Succession’ (1991) 51 ZaöRV 349–83.D Blumenwitz Staatennachfolge und die Einigung Deutschlands (Mann Berlin 1992) vol 1.M Bothe and C Schmidt ‘Sur quelques questions de succession posées par la dissolution de l’URSS et celle de la Yougoslavie’ (1992) 96 RGDIP 811–42.M Weller ‘The International Response to the Dissolution of the Socialist Federal Republic of Yugoslavia’ (1992) 86 AJIL 569–607.W Czaplinski ‘La continuité, l’identité et la succession d’états—évaluation des cas récents’ (1993) 26 RBDI 374–92.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021R Mullerson ‘The Continuity and Succession of States by Reference to the Former USSR and Yugoslavia’ (1993) 42 ICLQ 473–93.D Vagts ‘State Succession: The Codifier’s View’ (1993) 33 VaJIntlL 275–97.E Williamson and J Osborn ‘A U.S. Perspective on Treaty Succession and Related Issues in the Wake of the Break up of the USSR and Yugoslavia’ (1993) 33 VaJIntlL 261–74.G Burdeau (ed) Dissolution, continuation et succession en Europe de l’Est (Montchrestien Paris 1994).E Sciso ‘Dissoluzione di Stati e problemi di successione nei trattati’ in Comunità Internazionale (Editoriale Scientifica Napoli 1994) 63–115.M Shaw ‘State Succession Revisited’ (1994) FinnishYBIL 34–98.P Williams ‘The Treaty Obligations of the Successor States of the Former Soviet Union, Yugoslavia, and Czechoslovakia: Do They Continue in Force?’ (1994) 23 DenverJIntlL&Pol 1–42.A Bos O Ribbelink and LHW van Sandick Statenopvolging (Kluwer Deventer 1995).U Fastenrath T Schweisfurth and EC Thomas Das Recht der Staatensukzession (Müller Heidelberg 1995).O Ribbelink ‘On the Uniting of States in Respect of Treaties’ (1995) 26 NYIL 139–69.M Scharf ‘Musical Chairs: The Dissolution of States and Membership in the United Nations’ (1995) 28 CornellLQ 29–69.J Chan ‘State Succession to Human Rights Treaties: Hong Kong and the International Covenant on Civil and Political Rights’ (1996) 45 ICLQ 928–46.M Kamminga ‘State Succession in Respect of Human Rights Treaties’ (1996) 7 EJIL 469–84.T Schweisfurth Das Recht der Staatensukzession (Müller Heidelberg 1996) 49–227.M Silagi Staatsuntergang und Staatennachfolge (Lang Frankfurt am Main 1996).B Stern ‘La Succession d’Etats’ (1996) 262 RdC 9–437.H Beemelmans ‘State Succession in International Law: Remarks on Recent Theory and State Praxis’ (1997) 15 BostonUIntlLJ 71–123.G Burci ‘L’entrata in vigore della Convenzione di Vienna sulla successione di Stati in materia di trattati e la prassi nell’ambito delle Nazioni Unite’ (1997) 80 RivDirInt 175– 78.Centre d’étude et de recherche de droit international et de relations internationales/ Centre for Studies and Research in International Law and International Relations (ed) La Succession d’états (Nijhoff Dordrecht 1997).R Mushkat ‘Hong Kong and Succession of Treaties’ (1997) 46 ICLQ 181–201.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021D Papenfuß Die Behandlung der völkerrechtlichen Verträge der DDR im Zuge der Herstellung der Einheit Deutschlands (Müller Heidelberg 1997).M Craven ‘The Problem of State Succession and the Identity of States under International Law’ (1998) 9 EJIL 142–62J Klabbers ‘Cat on a Hot Tin Roof: The World Court, State Succession, and the Gabčíkovo-Nagymaros Case’ (1998) 11 LJIL 345–55.J Klabbers ‘State Succession and Reservations to Treaties’ in J Klabbers (ed) Essays on the Law of Treaties (Nijhoff The Hague 1998) 107–20.D Papenfuß ‘The Fate of the International Treaties of the GDR within the Framework of German Unification’ (1998) 92 AJIL 469–88.S Rosenne ‘Automatic Treaty Succession’ in J Klabbers (ed) Essays on the Law of Treaties (Nijhoff The Hague 1998) 97–106.F Wilfried ‘Entwicklungslinien im Recht der Staatensukzession’ in G Hafner (ed) Liber Amicorum: Professor Ignaz Seidl–Hohenveldern in Honour of his 80th Birthday (Kluwer The Hague 1998) 133–55.A Zimmermann Staatennachfolge in völkerrechtliche Verträge (Springer Heidelberg 2000).K Bühler State Succession and Membership in International Organizations (Kluwer The Hague 2001).P Pazartzis La succession d’Etats aux traités internationaux à la lumière des mutations territoriales récentes (Pedone Paris 2002).P Dumberry and D Turp ‘La succession d’Etats en matière de traités et le cas de secession: du principe de la table rase à l’émergence d’une présomption de continuité des traités’ (2003) 36 RBDI 377–412.A Rasulov ‘Revisiting State Succession to Humanitarian Treaties: Is There a Case for Automaticity?’ (2003) 14 EJIL 141–70.S Tierney ‘Legal Issues Surrounding the Referendum on Independence for Scotland’ (2013) 9 EuConst 359–90.A Zimmermann and J Devaney ‘Succession to Treaties and the Inherent Limits of International Law’ in C Tams A Tzanakopoulos and A Zimmermann (eds) Research Handbook on the Law of Treaties (Edward Elgar Cheltenham 2014) 505–40.P Dumberry ‘An Uncharted Question of State Succession: Are New States Automatically Bound by the BITs Concluded by Predecessor States Before Independence?’ (2015) 6 Journal of International Dispute Settlement 74–96.A Sarvarian ‘Codifying the Law of State Succession: A Futile Endeavour?’ (2016) 27 EJIL 789–812.C Tams ‘State Succession to Investment Treaties: Mapping the Issues’ (2016) 31 ICSID Rev/FILJ 314–43.
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved. Subscriber: Foley Hoag LLP; date: 16 July 2021Select DocumentsILA ‘Resolution No 3/2008: Aspects of the Law of State Succession’ (2008) 73 ILA Conference Report 39.UN ILC ‘Draft Articles on Nationality of Natural Persons in relation to the Succession of States’ (1999) GAOR 54 Session Supp 10, 15.thVienna Convention on the Law of Treaties (concluded 23 May 1969, entered into force 27 January 1980) 1155 UNTS 331.Vienna Convention on Succession of States in respect of State Property, Archives and Debts (done 8 April 1983, not yet entered into force) (1983) 22 ILM 306.Vienna Convention on Succession of States in Respect of Treaties (concluded 23 August 1978, entered into force 6 November 1996) 1946 UNTS 3.th
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“Gabon” CIA World Factbook, Central Intelligence Agency available at www.cia.gov/the-world-factbook/countries/gabon/ (9 September 2021) (excerpt)
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Volume VII - Annexes 197-244