INTERNATIONAL COURT OF JUSTICE

COMPROMIS
BETWEEN THE STATE OF MARKANDA (APPLICANT) AND THE PEOPLES REPUBLIC OF LOBORDO (RESPONDENT) TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE THE DIFFERENCES BETWEEN THE STATES CONCERNING THE SITUATION IN LOBORDO
Jointly notified to the Court on 27 June, 2011

COUR INTERNATIONALE DE JUSTICE

COMPROMIS
ENTRE LTAT DMARKANDA (DEMANDEUR) ET LTAT DE LOBORDO (DFENDEUR) VISANT SOUMETTRE LA COUR INTERNATIONALE DE JUSTICE LES DIFFRENDS QUI OPPOSENT LES DEUX TATS CONCERNANT LA SITUATION EN LOBORDO
notifi conjointement la Cour le 27 June, 2011

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JOINT NOTIFICATION ADDRESSED TO THE REGISTRAR OF THE COURT:

The Hague, 27 June, 2011

On behalf of the State of Markanda ("the Applicant") and the Peoples Republic of Lobordo ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the situation in Lobordo, signed in Bungtak island, on the Twenty Seventh day of June in the year Two Thousand and eleven.

Ambassador of the State of Markanda

Ambassador of the Peoples Republic of Lobordo

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COMPROMIS SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY THE STATE OF MARKANDA AND THE PEOPLES REPUBLIC OF LOBORDO ON THE DIFFERENCES BETWEEN THEM CONCERNING THE SITUATION IN LOBORDO The State of Markanda and the Peoples Republic of Lobordo,

Considering that differences have arisen between them concerning the legality of Unilateral Declaration of Independence by Lobordo and other matters;

Recognizing that the Parties concerned have been unable to settle these differences by negotiation;

Desiring further to define the issues to be submitted to the International Court of Justice (hereinafter referred to as "the Court") for settling this dispute;

In furtherance thereof the Parties have concluded the following Compromis:

Article 1
The Parties submit the questions contained in the Compromis (together with Clarifications to follow) to the Court pursuant to Article 40(1) of the Statute of the Court. Article 2
It is agreed by the Parties that the State of Markanda shall act as Applicant and the Peoples Republic of Lobordo as Respondent, but such agreement is without prejudice to any question of the burden of proof.

Article 3 (a) The Court is requested to decide the Case on the basis of the rules and principles of general international law, as well as any applicable treaties. The Court is also requested to determine the legal consequences, including the rights and obligations of the Parties, arising from its Judgment on the questions presented in the Case.

(b)

Article 4
(a) All questions of procedure and rules shall be regulated in accordance with the provisions of the Official Rules of the 1 RLC International Moot Court Competition.
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(b)

The Parties request the Court to order that the written proceedings should consist of Memorials presented by each of the Parties not later than the date set forth in the Official Schedule of the st 1 RLC International Moot Court Competition.

Article 5
(a) The Parties shall accept any Judgment of the Court as final and binding upon them and shall execute it in its entirety and in good faith. Immediately after the transmission of any Judgment, the Parties shall enter into negotiations on the modalities for its execution.

(b)

In witness whereof, the undersigned, being duly authorized, have signed the present Compromis and have affixed thereto their respective seals of office.

Done in The Bungtak Island, Pacific, this Twenty Seventh day of June in the year Two Thousand and Eleven, in triplicate in the English language.

Ambassador of the State of Markanda

Ambassador of the Peoples Republic of Lobordo

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THE 2011 RLC INTERNATIONAL MOOT COURT COMPETITION COMPROMIS THE STATE OF MARKANDA v. THE PEOPLESREPUBIC OF LOBORDO

CASE CONCERNING THE SITUATION IN LOBORDO

1.

Markanda and Lobordo are two countries colonized by the Kingdom of Myantra for about 500 years, which were finally decolonized by Myantra in the year 1922. Lobordo shares its eastern border with Markanda, western border with Myantra, northern border with Botokia, and Lobordo Sea to its south. Botokia had the largest population of Lobres in the world.

2.

In 1924 a civil war broke out in Lobordo and the regime was overthrown by a military dictator who took control of the country of Lobordo. The dictator, General Saheila ruled Lobordo for 20 years, after which a war broke between Markanda and Lobordo, which put an end to the dictatorship. Thereafter Lobordo was under the military occupation of the State of Markanda, which forced Dictator, General Saheila in the exile, who took shelter in the state of Botokia.

3.

In the year 1955, the Government of Markanda Declared that Lobordo was a part of their territory. The world community condemned the acts of Markanda, and it also ignited a political debate about the status of the declaration of Lobordo as a part of Markanda. In 1965 Markanda became a member of MANSA a regional organization promoting peace among the members. Myantra and Botokia along with 22 other states were members of MANSA. Though skirmishes between the state forces of Markanda and several Lobres militia groups continued, the people of Lobres ethnicity remained silent.

4.

In 1972 Markanda became a member of United Nation and the world body officially recognized Lobordo as a part of Markanda. The new state of Markanda is the
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th

largest country in the world and 3

rd

largest producer of oil, and their economy was

built on export of Oil to western countries. Lobordo is a small region however majority of the oil fields are located in the region of former Lobordo. 5. Markanda is home to two major ethnic communities the Makrus and the Lobres. The Lobres are of the former State of Lobordo who are a minority and occupied the western parts of Markanda. The Lobres ethnic community has been feeling alienated by the Government of Markanda which comprises mainly of the Makrus ethnic community. The Lobres population were the poorest and illiteracy rate among them was very high. Out of the 540 members of the Markanda National Assembly only 25 of them were from Lobres Ethnic community. 6. Many Makrus also inhabited the Lobordo region as they owned most of the Business Establishments and other oil related trade in the region. It has been observed that the government would give a preference to the Makrus ethnic community in matters of employment and education. This unofficial state policy has upset many from the Lobres community and a feeling of resentment began to occupy their thoughts as they felt that the Government of Markanda was doing nothing to uplift them from poverty and that there was no development activities in the Lobordo Region.
7. The Lobres community had general resentment towards the Government,

following which on 15

th

May, 1989, a Lobres National Council was set up which as a

non-political entity comprising of members of the Lobres civil society. They submitted a draft memorandum to the Government of Markanda and they met the president of Markanda who belonged to the Lobres Ethnic Community, where they were assured that there would be enquiry into the matter and plans would be made for the regions economic growth and development. 8. At the same time, the Government of Markanda had employed petroleum geophysicists to explore any additional oil deposits in Lobordo region. The geophysicists
submitted a report that estimated about 60 per cent of the oil reserves in the region
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remained unexplored. Media reports estimated that the potential oil reserves in Lobordo region were so huge that its exploration could make Markanda the largest Oil Producer in the world. It was also estimated that the supply of oil from these reserves would substantially reduce the price of crude oil in the international market. Based on the report Markanda sought help of many experts from different countries to be a part of the project. On 27
th

June, 1989 the Government of Markanda formally announced, Project

Explore, which envisaged large scale drilling and exploration of the oil reserves in the Lobordo region.

9.

On the 5 of July 1989, an official notification was released by the Parliament of Markanda regarding the details of the Project Explore, also a notice of eviction was served to the residents of this province, which also had details of the region where dispersed civilians were to be rehabilitated and huge compensation and several other benefits would be provided. The Government of Markanda built a massive township for rehabilitation in the northern part of the country. However, a NGO report stated that the land was known for its inclement climatic condition and also falls within the Seismic zone which is highly prone to Earthquakes.

th

10.

The Lobres Ethnic Community refused to evict the Lobordo region and declared that Project Explore is an attempt to displace the Lobres Ethnic community by destroying their culture and tradition and rehabilitate them to the northern part which falls within the Seismic zone and thus was a direct attempt by the Government of Markanda to exterminate the minority Lobres ethnicity. They also stated that the since Lobres ethnic community had been residing in the Region of Lobordo for many centuries, they had a feeling of attachment as most of the symbols of their rich cultural heritage and Holy shrines and temples were located in the region.
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11.

On the 13

of July 1989 as teams of petroleum geophysicists began to arrive in

the city of Laizon, the administrative capital of Lobordo, a huge protest was organized at the Memorial Centre by the Lobres community. Unprecedented and sporadic violence
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erupted and several clashes began between the soldiers of Markanda National Army and the protestors. In the evening several Press and media reports stated that 30 protestors were killed and 300 were wounded including women and children. Thereafter, an emergency meeting was convened by the member nations of the regional organization MANSA to deliberate over these recent events. In order to resolve the situation and to promote peace, MANSA passed a resolution M Res 1195 which pressed the state of Markanda to cease any form of hostilities against the people of the Lobres community, and called up to consider granting autonomy as a possible situation and to negotiate the terms with province of Lobordo.

12.

On 14 July 1989 the President took stock of the situation and condemned the act of brutality by the Markanda National Army and in his address to the Nation his Excellency said I deeply mourn the death of my fellow citizens and the act of brutality by the Markanda National Army was unacceptable. Later in the evening the President convened an emergency meeting of the Cabinet Ministers and expressed his concerns and desire to postpone the project and it was put to a vote. The Majority of the cabinet comprising of the Makrus Ethnic community were in favour of the Project and voted in its favour. Out of the total 21 votes, 17 votes were for the Project and 4 were against it. The dissenting votes were by the Cabinet ministers from the Lobres Community. The result of decision was welcomed and celebrated among the Markus population.
th

th

13.

On 15

July 1989 the President vetoed against the Project and in his address to

the nation announced that PROJECT EXPLORE had been postponed indefinitely. This upset the Markus population and the decision of the president was viewed as biased, due to his ethnic parentage. His decision was followed by a huge protest by the Makrus citizen calling for his resignation. On the 18
th

July 1989 the President of Markanda was

assassinated by unknown person in a suicide bomb attack and later the assassin was identified to be Sakhousi Palli from Makrus Ethnic group. He was proclaimed as a hero by the Makrus community and the funeral was attended by thousands of the Makrus population.
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14.

Within a few hours there was a military coup and General Kosthov, chief of the Markanda National Army proclaimed himself to be a dictator and suspended the Parliament. On the night of 20 July 1989 people belonging to Makrus ethnic group who were residing in Lobordo around the oil fields were evacuated by the `Markanda National Army. In the wee hours of 21 July 1989, thousands Markanda National Army and other paramilitary forces forcibly evicted Lobres citizens in bloodshed and violence. Also many civilians were reported to have died and thousands remained missing. At around 10:00 am the Lobres community sang patriotic songs and courted arrest as they gathered in and around the Memorial centre. General Kosthov ordered an air strike within the next 48 hours.
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15.

Meanwhile on the 18

th

of July 1989, the Lobres Revolutionary Force (LRF)

was formed with their slogan Save the Lobres. They mainly took control of the city of Gallypoli, the main city of Lobordo where the maximum Lobres community resided. There was exchange of gun fire between the LRF and the Markanda National Army. As the 48 hours deadline was approaching, the community leaders of the Lobres appealed to the International Community to intervene and save them from the threat of persecution and extermination by the Markanda National Army. 16. Following this, an emergency meeting was convened by the UN Security Council to resolve the matter and to cease condemned acts of General Kosthov, following which UN SC RES 1777 was passed recalling the MANSA res 1195 and called upon the State of Markanda to suspend the proposed air strike on expiry of the said deadline. In yet another Resolution passed by the General Assembly, the UN asked General Kosthov to proclaim/pronounce Autonomy to the Lobordo region. After much pressure from UN and various international organizations including the MANSA, he decided to abide by RES 1777 and GA RES 1/78 to end hostilities and suspend Air Strike and also to recognize Lobordo autonomy. 17. UN peace-keeping force was dispatched to the region to enforce the RES 1777 and establish an interim Government for the Lobordo Region. The peace-keeping forces
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involved a large number of armed forces from the neighbouring states of Botokia and Myantra. The peace-keeping forces were able to cease the conflict and the mission was a success. The peace-keeping forces were asked to return, however the forces of Botokia and Myantra continue to stay in the Lobre region. 18. Following this event, after negotiating the terms of autonomy, an agreement granting autonomy was signed between the General Kosthov and representatives from the Lobres ethnic community. In 1994, elections were held for the first time for the Lobordo regional Assembly and meanwhile interim Government would look into the affairs in the presence of international observers and world bodies. 19. The Lobordo Regional Assembly members have been visiting various countries including Myantra and Botokia. Under a cloud of suspicion General Kosthov formed a secret Markanda Intelligence Agency to assess the development and track the actions of the Autonomous region of Lobordo. On 27
th

June 1996, it was reported that four among

the eighteen Lobordo Regional Assembly members were killed during a meeting in a hotel in Lobordo. Independent eye witnesses claimed that the deceased members were seen last with some of the MIA members before they were murdered. 20. Subsequently, 28 June 1996 was declared as a day of mourning all over the Lobordo region. Thousands poured into the memorial centre with anger and hatred towards the Markus leader General Kosthov. During the speeches, the leaders of Lobres Regional Assembly accused the Markanda Government of assassinating the Myantra Regional Assembly members. Mr Sivally Krug challenged the military forces of Markanda National Army and warned that the Lobres had the support of the international community in this struggle, including their close friends Botokia and Myantra. 21. The foreign ministers of Myantra and the King of Botokia attended the funeral procession and spoke against the Despotic Regime of General Kosthov; they also warned him of possible consequences and asked him to end immediate hostilities. General Saheila who was the dictator of Former Lobordo attended the funeral too. During his speech he reminded the Lobres of their rich cultural heritage which was on the verge of
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destruction by General Kosthov and that Lobordo was in fact never part of Markanda and that for more than 70 years they have been subjected to human rights violations. He called upon all to unite and fight the evil away from the Lobordo and he concluded his speech by saying, the time has come for the Lobres citizen to stand up and give our life for the country for the independence of which our forefathers fought for. He further added, Lets prepare ourselves for the worst, to fight against the evil as the time has come for us to exert our right to self- determination, we never were and will never be part of Markanda. 22. On the 22
nd

of July 2001, Lobordo unilaterally declared its independence and

raised their National Flag at the Memorial centre. Thousands of Lobres assembled in the Memorial centre to mark their Independence Day and cheered in pride. They denounced the despotic ruler General Kosthov. On the same night, the Markanda Intelligence Agency attacked the Head Quarter of the Military base in Lobordo Region and seized arms and ammunition. It was found that those arms and ammunitions were made in Myantra and Botokia. 23. On 23 July 2001, General Kosthov addressed the Nation and said, I appeal to the citizen of Markanda to prepare ourselves in the final blow against the Lobres who have challenged the Integrity of the state of Markanda and that the Lobres would be taught a lesson the hard way. He further said, According to our intelligence report, some external element had been supporting the Lobres financially and militarily and any entity acting against the integrity of Markanda would be declared the Enemy of The country. 24. On the 25 of July 2001, Lobordos Declaration of independence was recognized by Botokia and Myantra and within few days exchanged diplomatic. Mr Sivally krug the newly elected Prime Minister of Lobordo Appealed to Myantra and Botokia to send reinforcement and help them defend their country against possible threat of invasion by the Markanda National Army headed by its chief General Kosthov.
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25.

Myantra frontier Army dispatched a battalion in Lobordo and Botokia sent in war planes and other military aid. The situation became tense and the region of Lobordo and Markanda once again became home to conflicts. The civilians in these areas were seriously affected; many civilians were attacked, and killed. There was chaos amongst the civilians, due to the scare of war and the ruthlessness of MIA. Also a huge influx of refugees was reported in the region of Botokia and Myantra, following which the foreign ministers of Botokia and Myantra warned the State of Markanda to cease hostilities against the civilians as it is affecting the economy of their nation. Many civilians took refuge in the neighbouring states.

26.

A Document was seized which was leaked out from the Military Head Quarter of Lobordo. The contents stated that Myantra and Botokia would give military aid and defend Lobordo against the Markanda National Army and in return Lobordo would reward as royalty to Myantra and Botokia, a major stake in the form of rights reserved to explore oil. This letter was dated 15 December 1995.
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27.

Though Lobordo did not comment on the document that was seized however the foreign Minister of Myantra denied any such agreement and had a press release stating that their help and military intervention was only relating to a humanitarian intervention to protect the lives of the civilians and was merely responding to a call for help by the Lobordo Prime minister. He also added that they however do not support the acts of General Kosthov and his presence was a threat to peace in the region. Botokia refused to comment on the issue.

28. Markanda i. Denounced the Unilateral Declaration of Independence by Lobordo as a violation of SC RES 1777 which also further contravenes GA RES 1/ 78 and stated that the Declaration of Independence was void.

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ii. That the acts of Myantra and Botokia amounts to acts of aggression and intervention in the country of Markanda as Lobordo was legally apart of Markanda and resulted in violation of international law and provision of the UN charter. 29. There was a mixed response from the International Community. Some countries did recognize while some did not agree with the unilateral declaration of Independence. The Security Council ceased of the matter, and on the 27
th

of June 2011, both the

Representatives of the State of Markanda and the Peoples Republic of Lobordo met at Bungtak, an island in the pacific to sign the General agreement to confer on the International Court of Justice, Jurisdiction in the instant case to adjudicate upon the aforesaid matters.

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Appendix I

RESOLUTION Adopted MANSA, by the

1195(1990) at its 4011th meeting

MANSA

Bearing in mind the purposes and principles of its Charter and the primary responsibility of the MANSA for the maintenance of international peace and security, Determined to resolve the grave humanitarian situation in Lobordo, Republic of Markanda, and to provide for the safe and free return of all refugees and displaced persons to their homes, Condemning all acts of violence against the Lobordo population as well as all terrorist acts by any party, Reaffirming the right of all refugees and displaced persons to return to their homes in safety, Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Markanda and the other States of the region, as set out in the Helsinki Final Act and annex 2,
Reaffirming the call in previous resolutions for substantial

autonomy

and

meaningful

self-administration

for

Lobordo,

Determining that the situation in the region continues to constitute a threat to international peace and security, Determined to ensure the safety and security of international personnel and the implementation by all concerned of their responsibilities under the present resolution, 1. Decides that a political solution to the Lobordo crisis shall be based on the general principles in annex 1 and as further elaborated in the principles and other required elements in annex 2; 2. Welcomes the acceptance by the Federal Republic of Markanda of the principles and other required elements referred to in paragraph 1 above, and demands the full cooperation of the Federal Republic of Markanda in their rapid implementation;
3. Demands in particular that the Federal Republic of Markanda put an

immediate and verifiable end to violence and repression in Lobordo, and begin and complete verifiable phased withdrawal from Lobordo of all military, police and paramilitary forces according to a rapid timetable, with which the deployment of the international security presence in Lobordo will be synchronized;

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4. Confirms that after the withdrawal an agreed number of Markanda military and police personnel will be permitted to return to Lobordo to perform the functions in accordance with annex 2; 5. Decides on the deployment in Lobordo, under MANSA auspices, of international civil and security presences, with appropriate equipment and personnel as required, and welcomes the agreement of the Republic of Markanda to such presences; 6. Requests the President to appoint, in consultation with the MANSA, a Special Representative to control the implementation of the international civil presence, and further requests the President to instruct his Special Representative to coordinate closely with the international security presence to ensure that both presences operate towards the same goals and in a mutually supportive manner; 7. Authorizes Member States and relevant international organizations to establish the international security presence in Lobordo as set out in point 4 of annex 2 with all necessary means to fulfil its responsibilities under paragraph 9 below 8. Affirms the need for the rapid early deployment of effective international civil and security presences to Lobordo, and demands that the parties cooperate fully in their deployment; 9. Decides that the responsibilities of the international security presence to be deployed and acting in Lobordo will include: (a) Deterring renewed hostilities, maintaining and where necessary enforcing a ceasefire, and ensuring the withdrawal and preventing the return into Lobordo of military, police and paramilitary forces, except as provided in point 6 of annex 2; (b) Demilitarizing the armed Lobordo groups as required in paragraph 15 below; (c) Establishing a secure environment in which refugees and displaced persons can return home in safety, the international civil presence can operate, a transitional administration can be established, and humanitarian aid can be delivered;
(d)

civil

Ensuring public presence can take

safety and order until the responsibility for this task;

international

(e) (f)

Supervising

demining take over

until

the international for this and coordinating duties as

civil task; closely

presence with the

can, as appropriate, work of the

responsibility presence;

Supporting, as

appropriate,

international civil border

(g) Conducting

monitoring

required;

(h) Ensuring the protection and freedom of movement of itself, the international civil presence, and other international organizations;

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10. Authorizes the President, with the assistance of relevant international organizations, to establish an international civil presence in Lobordo in order to provide an interim administration for Lobordo under which the people of Lobordo can enjoy substantial autonomy within the Republic of Markanda, and which will provide transitional administration while establishing and overseeing the development of provisional democratic selfgoverning institutions to ensure conditions for a peaceful and normal life for all inhabitants of Lobordo; 11. Decides that the main responsibilities of the international civil presence will include: (a) (b) Promoting the establishment, pending a final settlement, of Performing basic civilian administrative functions where and as substantial autonomy and self-government in Lobordo; long as required; (c) Organizing and overseeing the development of provisional institutions for democratic and autonomous self-government pending a political settlement, including the holding of elections; (d) Transferring, as these institutions are established, its administrative responsibilities while overseeing and supporting the consolidation of Lobordos local provisional institutions and other peace- building activities; (e) Facilitating a political process designed to determine Lobordos future status; (f) In a final stage, overseeing the transfer of authority from Lobordos provisional institutions to institutions established under a political settlement; (g) Supporting the reconstruction of key infrastructure
with

and

other

economic reconstruction;
(h) Supporting, in humanitarian organizations, aid; coordination humanitarian

and

international disaster relief

(i) Maintaining civil law and order, including establishing local police forces and meanwhile through the deployment of international police personnel to serve in Lobordo; (j) Protecting (k) Assuring and promoting and human rights; return of all refugees and

the

safe

unimpeded

displaced persons to their homes in Lobordo; 12. Emphasizes the need for coordinated humanitarian relief operations, and for the Federal Republic of Markanda to allow unimpeded access to Lobordo by humanitarian aid organizations and to cooperate with such organizations so as to ensure the fast and effective delivery of international aid; 15 | P a g e

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13. Encourages all Member States and international organizations to contribute to economic and social reconstruction as well as to the safe return of refugees and displaced persons, and emphasizes in this context the importance of convening an international donors conference, particularly for the purposes set out in paragraph 11 (g) above, at the earliest possible date; 14. Demands full cooperation by all concerned, including the international security presence, with the International Tribunal for the Former Markanda; 15. Demands armed Lobordo groups end immediately all offensive actions and comply with the requirements for demilitarization as laid down by the head of the international security presence in consultation with the Special Representative of the Secretary-General; 16. Decides that the prohibitions imposed shall not apply to arms and related material for the use of the international civil and security presences; 17. Welcomes the work in hand in other international organizations to develop a comprehensive approach to the economic development and stabilization of the region affected by the Lobordo crisis, including the implementation of a Stability Pact with broad international participation in
order to further the promotion of democracy, economic prosperity, stability

and

regional 18.

cooperation;

Demands that all States in the region cooperate fully

in the implementation of all aspects of this resolution; 19. Decides that the international civil and security presences are established for an initial period of 12 months, to continue thereafter unless the MANSA decides otherwise; 20. Requests the President to report to the Council at regular intervals on the implementation of this resolution, including reports from the leaderships of the international civil and security presences, the first reports to be submitted within 30 days of the adoption of this resolution; 21. Annex 1 Statement by the Chairman on the conclusion of the meeting of the Foreign Ministers of MANSA
The Foreign Ministers adopted the following general principles on

Decides

to

remain

actively

seized

of

the

matter.

the

political

solution

to

the

Lobordo

crisis:

- Immediate and verifiable end of violence and repression in Lobordo;

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- Withdrawal from Lobordo of military, police and paramilitary forces; Deployment in Lobordo of effective international civil and security presences, endorsed and adopted by the United Nations, capable of guaranteeing the achievement of the common objectives; of the an interim MANSA of the and normal administration for United Nations to for all Lobordo ensure in to be conditions Lobordo; Establishment decided by for a

peaceful

life

inhabitants

The safe and free return of all refugees and displaced persons and unimpeded access to Lobordo by humanitarian aid organizations; Comprehensive approach to the economic development

and stabilization of the crisis region.

Annex

2 Agreement should be reached on the following principles to move

towards a resolution of the Lobordo crisis: 1. An immediate and verifiable end of violence and repression in Lobordo. 2. Verifiable withdrawal from Lobordo of all military, police and paramilitary forces according to a rapid timetable. 3. Deployment in Lobordo under MANSA auspices of effective international civil and security presences. 4. The international security presence must be deployed under unified command and control and authorized to establish a safe environment for all people in Lobordo and to facilitate the safe return to their homes of all displaced persons and refugees. 5. Establishment of an interim administration for Lobordo as a part of the international civil presence under which the people of Lobordo can enjoy substantial autonomy within the Federal Republic of Markanda, to be decided by the MANSA of the United Nations. The interim administration to provide transitional administration while establishing and overseeing the development of provisional democratic self-governing institutions to ensure conditions for a peaceful and normal life for all inhabitants in Lobordo. 6. After withdrawal, an agreed number of military personnel will be permitted to return to perform the following functions: - Liaison with the international civil mission and the international security presence;
Marking/clearing minefields;

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Maintaining Maintaining

a a

presence presence

at at

patrimonial key border

sites; crossings.

7. Safe and free return of all refugees and displaced persons under the supervision of the Office of MANSA and unimpeded access to Lobordo by humanitarian aid organizations. 8. A political process towards the establishment of an interim political framework agreement providing for substantial self-government for Lobordo.
9. A comprehensive approach to the economic development and

stabilization of the crisis region.This will include the implementation of a stability pact with broad international participation in order to further promotion of democracy, economic prosperity, stability and regional cooperation.
10. Suspension of military activity will require acceptance of the principles set forth above in addition to agreement to other, previously identified, required elements, which are specified in the footnote below.1 A military-technical agreement will then be rapidly concluded that would, among other things, specify additional modalities, including the

roles

and

functions

of

Botokia/Myantra

personnel

in

Lobordo:

Withdrawal - Procedures for withdrawals, including the phased, detailed schedule and delineation of a buffer area beyond which forces will be withdrawn; Returning personnel associated reference for of their their their with for returning personnel; responsibilities;

Equipment Terms of

their

functional

Timetable Delineation Rules

return; geographical relationship areas to of operation;

governing

the

international

security presence and the international civil mission. NOTES

1

Other -

required

elements:

A rapid and precise timetable for withdrawals, meaning, e.g., seven days to complete withdrawal and air defence weapons withdrawn outside a 25 kilometre mutual safety zone within 48 hours;

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Return of personnel for the four functions specified above will be under the supervision of the international security presence and will be limited to a small agreed number (hundreds, of of not thousands); activity withdrawals; will occur after the

Suspension beginning

military

verifiable

The discussion agreement shall completion of

and achievement of a military-technical not extend the previously determined time for withdrawals.

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Appendix II

United Nations

SC/RES/1777
Distr.: General 2 April 1991

Security Council

Resolution 1777
Adopted by the Security Council at its 5745th meeting The Security Council, Recalling the resolutions and statements by MANSA concerning the situations in Lobordo, in particular MANSAs Resolution. 1195 the GA RES 1/78

Having considered the report of the Secretary-General of 27 March 1991

Recalling the importance of the principles of goodneighbourliness, non-interference and cooperation in the relations between States of the region,

Restates Res 1195 in terms of the UN Charter and calls upon the state of Markanda to observe compliance with it.

Decides to remain actively seized of the matter. ___________________

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Appendix III

UNGA 1/78.

Declaration on the demand for independence in Lobordo

The General Assembly, Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom, Conscious of the need for the creation of conditions of stability and well-being and peaceful and friendly relations based on respect for the principles of equal rights and self-determination of all peoples, and of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, Recognizing the passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the attainment of their independence, Aware of the increasing conflicts resulting from the denial of or impediments in the way of the freedom of such peoples, which constitute a serious threat to world peace, Considering the important role of the United Nations in assisting the movement for independence in all countries, Recognizing that the peoples of the world ardently desire the end of colonialism in all its manifestations, Convinced that the continued existence of colonialism prevents the development of international economic cooperation, impedes the social, cultural and economic development of dependent peoples and militates against the United Nations ideal of universal peace, Affirming that peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any. obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law, Believing that the process of liberation is irresistible and irreversible and that, in order to avoid. serious crises, an end must be put to colonialism and all practices of segregation and discrimination associated therewith, Welcoming the emergence in recent years of a large number of dependent territories into freedom and independence, and recognizing the increasingly powerful trends towards freedom in such territories which have not yet attained independence,
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Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory, Solemnly proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations; And to this end, Declares that: 1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation. 2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 3. Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence. 4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence and the integrity of their national territory shall be respected. 5. Immediate steps shall be taken, in Lobordo which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance .with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom. 6. Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations. 7. All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, non-interference in the internal affairs of all States, and respect for the sovereign rights of all peoples and their territorial integrity.

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