联合国在调解非洲领土争端中的作用——以尼日利亚和喀麦隆之争20
Chapter 1 Introduction
1.1 Bacground of the Study
ust as conflict is part of everyday life, mediation can be done and practiced every day and anywhere. Mediation, Chinese called it (Tiao jie) （调解） which means to step in between two parties and solve their problem. So mediation is a procedure that is used increasingly for conflict resolution; lie Nigeria and Cameroon conflict. It is a way of reaching decisions in order to cooperate; there is no level in mediating, in other to allow clear and open munication processes. Conflicts can be resolved in a formal manner through courts, arbitration, diplomacy and mediation, and also in an informal manner through friends, colleagues, religious and munity leaders, and dialogue. The conflict between Nigeria and Cameroon has bee unbearable on the people for several years now and it has made the people of Baassi to face some of the worst situations of armed conflict. The research will focused on the impact of UN mediation in African Territorial conflict and intervention process as a conflict resolution technique in relation to the international relations theories which has been used as a basis for conflict resolution practices. Nigeria and Cameroon have been in conflict over territorial conflict and boundaries since 1993.
The UN mediation process and its impact in facilitating conflict mediation in Africa especially in the case of Nigeria and Cameroon, and very little is nown; about the impact and effect of international mediation just as the UN and its challenges they faces in terms of negotiation, hence, this research is intended to mae a contribution to the available literature concerning the impact of the (UN) mediation in the African territorial conflict since (2002 to 2021 and to the present date) in intervention in hard conflicts. Mediation in conflict brings about better understanding to the two parties involved. The use of international mediation just lie the UN may also be relevant to other conflict areas in Africa and to the world which face similar problems on boundaries, natural resources, and ethnic issues who can easily pose a threat to thestability of their country and munities if they are not adequately dealt with by governments and civil societies and Non-organizations.
1.2 Specific Research Problem
Border disputes are notoriously difficult to resolve. International law does not contain a clear, prioritized set of norms established through international conventions or jurisprudence for determining national sovereignty over territory in the face of peting factual claims e.g., based on cultural, ethnic, historical, religious, and other political, economic, and social factors. Governments are unwilling to lose boundary disputes since they might suffer political consequences as well as loss to national interests. Territorial conflict often flares up after they bee lined with important economic or social interests. Conflict territories may contain important natural resources, such as hydrocarbon, mineral reserves, or water resources; provide access to the sea or shared terrestrial resources, such as grazing areas; or be a strategic location. Such areas also may be subject to irredentist claims based on historical or cultural factors or demands for self-determination by their inhabitants.
The conflict in Africa, the UN has often used mediation and intervention as a method for conflict resolution or management technique, but does not always havesuccessful outes. The UN mediation held by Mr. Annan‘s team was concluded settle with the signing of the Green Tree agreement between the two parties and the effective withdrawal of Nigerians Troops from Baassi in 2006. Therefore, it is important to as, what impact does the United Nations (UN) Mediation and negotiation in the African territorial conflict has brought about in recent time; negatively or positively: If indeed the UN mediation and the intervention process fully settle or resolved the conflict. With the development in Baassi the impact of the United Nations mediations totally bring about positive impact at the end of the conflict over the Peninsula; activities of the sea pirates, smuggles, and human trafficers bee eliminated as joint Cameroon-Nigeria border patrol steps in. The impact also brought about joint border oil exploration will equally benefit Nigeria while reducing the cost of oil exploration resulting in practical economic cooperation. Overall, economic cooperation with Cameroon will protect Nigerian residents in Baassi to integrate with other larger Cameroon Republic, and all Francophone countries by extension. In all implementation of the Green-tree Agreement and the UN mediation brings the mon people of Cameroon and Nigeria boundary will further bring people together; ultimately, the border will be bridge between Nigeria and Cameroon rather than a gap.
Chapter 2 Theoretical Framewor and ey Concepts
2.1 Theoretical Framewor
Among the strategies aimed at preventing, managing, mediating and settling or resolving internal and international conflicts in divided societies, territorial approaches have traditionally been associated with self-determination, or more precisely with conflicts in which territorially concentrated identity groups whose identity is, in part, derived from association with this territory, or homeland, in which they reside demand to exercise their right to self-determination.A specific focus on such groups and conflicts is warranted for a number of reasons. Most obviously, territorial approaches mae only sense, if at all, in cases where it controls over a particular territory, rather than the entire state, is contested. What is more, territorially concentrated groups in divided societies are more liely to demand self-determination and the initiation of peace negotiations in such conflicts fought over territory is significantly less liely as are government concessions. At the same time, the academic munity is deeply divided over the issue whether territorial approaches to conflict resolution in divided societies offer appropriate mechanisms to eep or restore peace while preventing the brea-up of an existing state. Using Conflict Resolution theory in cases of ethnic, boundary and international conflict, Hartzell and Hoddie report of 2007 offer a statistical evidence that designing a negotiated settlement or negotiated agreement to include territorial power sharing lowers the ris of a return to war. While Wolff report of 2009, offers a survey of the widespread use of territorial approaches in contemporary conflict settlements argue that if no autonomy options are open to regionally concentrated groups, armed conflict may occur.; A final point that highlights the relevance of engaging with potential conflicts in which control over territory is at stae is the facts that situations in which ethnic groups demand self-determination by violent means or not occur frequently and across all continents.
2.2 Concept of United Nations and Mediation
In the United Nations, the act of mediation describes the political sills utilized in efforts carried out by the United Nations Secretary-General or his representatives, through the exercise of the Secretary General; without the use of force and in eeping with the principles of the UN Charter. The United Nations mediator engages in a process as a third party when those in conflict either see or accept the assistance of the United Nations with the aim to prevent, manage or resolve a conflict. United Nations mediation mandate, however, is more specifically defined. When the United Nations is called upon to mediate a resolution to a conflict, the parties accept what is called a mediation mandate. This means that they accept that the UN mediator is there to help and provide them find solutions to resolve their conflict.
Mediation is centered on the need for people to truly hear each other on a deeperlevel than is possible in litigation. Mediation parties craft their own resolutions that wor for them in the long term, rather than having a settlement imposed by a court. Mediation also allows parties the opportunity to wor through emotional issues that are left unattended in the legal system. Parties who wor through mediation have a much better chance of preserving on-going relationships. Mediation also encourages parties to learn effective negotiation sills. The role played by mediators and mediation teams is a ey ingredient in the qualitative success of mediation. This means nowing who the main actors in the conflict are, and understanding each party‘s point without any preferences.
United Nations mediation is an extension of the parties' own efforts to manage their conflict. The parties, the Security Council or the General Assembly may call upon the United Nations Secretary General to exercises his Good Offices to facilitate the resolution of the conflict. The Secretary General may also undertae independent peacemaing initiatives by offering his Good Offices to resolve the conflict in a peaceful way. In an agenda for peace, former United Nations Secretary General Boutros-Boutros Ghali defines peacemaing as action to bring hostile parties to agreement, essentially through such peaceful means as those foreseen in Chapter VI of the Charter of the United Nations; Pacific Settlement of conflict. In addition to avoid threats or use of force, the United Nations Charter places states under an affirmative obligation to settle their international disputes by peaceful means, in such a manner that international peace and security, and justice, are not endangered. 38The additionally obliges the state parties to a serious conflict to see alternative, peaceful means for its resolution. These actions are carried out during a conflict, violent or latent. They entail the diplomatic process of broering an end to conflict, principally through the use of mediation and negotiation sills. United Nations Peacemaing excludes the use of force, unless imposed action is taen by the Security Council to facilitate the peacemaing process.
Chapter 3 Nigeria and Cameroon Baassi Conflict and its Resolution................................... 37
3.1 Bacground of the Conflict ........................ 38
3.2 The Boundary Conflict and IC Ruling ............... 42
3.3 United Nation (UN) Coping with the Challenges........................ 48
3.4 The Green-Tree Agreement .................. 49
3.5 The Need for Acpanying Measures ............. 50
3.6 The Impact of the United Nations (UN) Mediation in the Baassi Conflict .. 51
Chapter 4 Discussion, Findings and Conclusion .................................. 55
4.1 Discussion and Finding ............... 55
4.2 Conclusion ................ 57
Chapter 3 Nigeria and Cameroon Baassi Conflict and its Resolution
The Study design and methodology used in the study was described in detail. The primary aim and objectives of the study, the data collection methods, data analysis procedure and limitations of the study were clearly outlined. This chapter provides a description of the case study which is the focus of the research. Official documents and strategic interviews which are described in the previous chapter were used to gather the data.
The case study is discussed in line with the aim of the study which is to explore the dynamics and challenges of the Baassi mediation process, and the impact of the UN mediation in African conflict, and to understand the roles played by the parties in the mediation process and to identify the factors that mae the Baassi conflict mediation a success. The researcher however discovered that the reality confronting Africa after independence was that, unless the conflicts that had pervaded different sub regions of the continent were managed, there would be no hope for the lofty goals of economic integration, development and prosperity. It is impossible to achieve such growth in an atmosphere of instability. In each sub region, countries that are not experiencing civil war are dealing with the consequences of wars in neighboring states in different ways. Conflict is as old as the history of manind and therefore normal, natural and unavoidable, yet it can generate negative and very destructive impacts. What matters is our response to conflict and post-conflict situations. Conflict is an indication that somehow, there is an understanding that requires attention and proper action. International conflicts might occur between governments striving to monopolize the exploitation of resources in disputed territories.
Chapter 4 Discussion, Findings and Conclusion
4.1 Discussion and Finding
The major idea that runs through this discussion is the UN mediation in African Territorial and its impact and addressing the challenges of protracted conflict. Mediation as a conflict management technique was discussed and explained in the literature reviews and informs the discussion and findings of this study. During border conflicts, choices are narrowed down by the breadown or failure of the munity and state mechanisms that would protect citizens from losing their national identity. In the Baassi case, for example, the referendum organized gave the citizens a choice to join either Cameroon or Nigeria and the fear of losing their national identity posed a problem. The once indisputable sovereignty of the state is being questioned at a time when human security is emerging to the fore of the security discourse. Governments are being judged on their performance in protecting state citizens, not just state borders. Ethnic conflict, genocide, civil war, and humanitarian crises, have emerged as the most prominent security concerns in the current global environment; the vast majority of these occurring intra-state the developing world. Recent conflicts in Africa have shown that international methods of conflict mediation, intervention, and management stand a chance to address these threats to human security.
The case study which is the focus of this research was described in detail; the historical bacground of the conflict, the United Nation (UN) mediation and its impact and the position of the Cameroon-Nigeria Mixed Commission (CNMC) were clearly outlined. This chapter provides a description and discussion of the findings and Conclusion of the study. This study employed document review, and strategic interviews, in order to gather data and the information. The data is carefully pared with the information gathered in the literature review; the findings are discussed focusing on the aim of the study which is the impact of the UN mediation in African territorial conflict.
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