So far this has only implemented in Southern Africa, on the Namibia-Angola border.214 Although such
a card might not completely resolve the question of nationality, and might add to a confusion of
identity documents, it could be useful to establish evidence of entitlement to one of two (or both)
nationalities, which could be resolved at a later date.
4.6. Populations affected by transfer of territory
A particular category of border population most affected by doubts around nationality are those
affected by border disputes; and in particular those where administration of territory has been
transferred as a result of a ruling by the International Court of Justice (ICJ), of which there are several
cases since independence in West Africa. The best known of these, and the one affecting the most
people, relates to the Bakassi peninsula bordering Nigeria and Cameroon; but other cases relate to
disputed frontiers between territories formerly administered as part of AOF, where boundary
determination had never been a priority during the colonial period.
Often the populations affected by such border disputes have long had limited contact with the central
administrations of either country, and thus are likely to have few documents of an existing nationality;
in addition, they may be members of minority ethnic groups, or of nomadic or semi-nomadic lifestyle,
making them more vulnerable to doubts about their nationality, whether or not any dispute is
resolved.
4.6.1. The Bakassi Peninsula
The border dispute between Nigeria and Cameroon over the Bakassi peninsula, as well as territory
further north towards Lake Chad, was referred to the ICJ by Cameroon in 1994. A final judgement was
issued in the case in 2002, which granted sovereignty over the peninsula and other territory to
Cameroon.215 The court case did not consider the nationality of the people living in the territory
affected (who had largely considered themselves Nigerians), though, in accordance with international
norms which base nationality in case of succession of states on habitual residence, it was presumed
that Bakassi residents would become Cameroonian.216 The number of people affected was also
disputed between Cameroon and Nigeria, but was alleged by Nigeria to be more than 150,000
people.217 Nigeria rejected the judgement, stating that “For Nigeria, it is not a matter of oil or natural
resources on land or in coastal waters, it is a matter of the welfare and well-being of her people on
their land.”218 UN Secretary General Kofi Annan facilitated further meetings on the implementation of
the judgment, leading to the establishment of a Cameroon-Nigeria Mixed Commission to negotiate
further. In 2006, a bilateral agreement was reached at Greentree, New York, between the two
countries, by which Cameroon guaranteed fundamental rights and freedoms to Nigerian nationals
living in the peninsula; and in particular promised not to force Nigerian nationals living in the Bakassi
214
“IOM
Helps
Namibia
to
Introduce
Border
Resident
Cards”,
no
date,
http://www.iom.int/developmentfund/news/news17.htm, last accessed 07 July 2014.
215
Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea
intervening), ICJ Judgement of 10 October 2002.
216
International Law Commission, Draft Articles on Nationality of Natural Persons in relation to the Succession
of States, with commentaries, 1999 (Annex to UNGA Res. 55/153, 12 Dec. 2000), article 5.
217
Statement of Mrs. Nella Andem-Ewa, Attorney-General of Cross River State, to the ICJ, 28 February 2002,
transcript available at http://www.icj-cij.org/docket/files/94/5005, accessed 29 August 2014.
218
“Nigeria rejects ICJ ruling on Bakassi”, PANA, 23 October 2002.
67
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