INTRODUCTION.
The people of southern Cameroons via the southern Cameroons’
National Council (SCNC) have faced a period of trial and temptations what we
can today politically refer to as “the southern Cameroons’ struggle”. After a
period of prolonged deliberations and arguments on the basis for the SCNC
claims to secession and Independence, a long ideological war saw no hope of
coming out of the slum. The people saw no hope in their present and future,
faced with another form of colonization after colonization, through illegal
territorial acquisition, naked aggression, open brutality and abuse of the
right of humanity, yet there is a claim of oneness, togetherness and unity,
many have had this to say.
No matter how the world might look at it, using whatever
narrations or parameters of ascertainment of the truth, what is paramount to
note is the fact that none of such narrations, Interpretations and parameters
shall never give a well justified fact with concrete proofs supporting them. A
moment in history where people found themselves moving on the spot, found
themselves wanting in the midst of plenty, though of a well traced ancestry and
defined national boundary, shall not go without a final relief, the view of
optimists. The origin of all these worries has been a question of unity or the
existence of a union. Many have argued that there never existed and still do
not exist any union binding Southern Cameroons and La Republique du Cameroun.
Many have held an opposing view and hold that 1961 saw a union between the two
Cameroons when the former chose to vote to join the Republique of Cameroun in
order to be independent. Questions of illegality of the voting process, the no
treaty voice, the absence of a valid union document binding the two, the rules
of implications and violations of rule of Law and International laws, has been
the questions hovering around the minds of many, the center of constant debates
and court actions. Two questions changed the History of a people some would
say. “Do you wish to gain independence by joining Nigeria or the Republic of Cameroun?,11th
February 1961. The second choice was massively favored many would
ascertain.
The decisions of 11th February showed the people used
their hands to shape their own destiny.
I have often come
to the conclusion that, the issue of Southern Cameroons ought not to be viewed
as an internal fight, nor be viewed as a set of people wanting to be separated
from a whole; it’s rather an issue of Equity and justice, a matter of rule of
Law, A matter of restitution, a question of the respect and implementation of
international Law.
An issue of correcting ERRORS of the past, and issue of
posterity. None the less no matter the length of struggle, the efforts
initiated, I see the people finally liberated, not by the efforts of the Southern
Cameroons National Council - SCNC or the Southern Cameroon peoples
Organization-SCAPO but by the will of God. Left in the hands of the ordinary
human being, means repeating what history has often recorded. ”the nature of
man” I call this new but already existing land the New Heaven born from Hell.
ARGUMENTS
CLAIMING THE RIGHT TO SECESSION AND INDEPENDENCE.
It is
very true that the Southern Cameroons were under a trusteeship in which the
British were supposed to develop the trust territories towards self-government
or independence. However, Britain failed to deliver under the terms of the
trusteeship agreement and instead proposed independence by joining and it is
the major cause of present day crises in Cameroon between the peoples of
Southern Cameroons led by the Southern Cameroons’ National Council and the
government of La Republique du Cameroun.
Had it been Independence was granted
to Southern Cameroon as a single and distinct country with its sovereignty and
territorial boundaries, we would not have been here presenting arguments. We
are here to argue and present facts because of a negotiation that did not have
a solid foundation and conclusion in 1960. A simple mistake of non registration
of the 1961 terms of Unity and basis for joining between British Southern
Cameroons and La Republique is the reason for the current bone of contention
for Secession and Independence today.
If you
look at it critically, you will understand that, pursuant to Article 76(b) of the
UN Charter independence by joining, means that independence must be total and
without any conditions as well Article 102(1) and (2) of the Charter which states
categorically that the terms of any union between a member state of the UN and
another country must be evidenced in writing and a copy filed at the UN Secretariat
which will publish it if not such arrangements will not be considered valid and
cannot be invoked in any organ of the UN.
This was not done and as such that
failure to do so renders the whole agreement invalid, null and void ab initio
under international law. This is because it cannot be cited before any organ of
the UN today. Worth noting is the fact that, where a UN resolution action
seemingly goes contrary to the articles of the UN Charter, it is the Charter
provisions that prevail. In the case of Southern Cameroon and La Republique du
Cameroon, we see not only a contrast here, but a huge contradiction to that
rule.
It
follows therefore that, what transpired in 1961 was just an annexation of the
UN trust territory of British Cameroons by both Nigeria and La Republique du
Cameroon and not independence which contradicts the UN Charter in a manner of
granting independence to the Trust territories. As a result of the irregularities involved at
that time, one cannot even trace and cite the arrangement anywhere around the
UN presently.
This further proves that the British government failed woefully
in the execution of the trust responsibility it had assumed in 1946. It is so
painful to hold the law and twist it. It’s very painful to fail in your part
not to follow due process. We talk of the rule of law yet we are abusers of the
very rule of Law.
President El Hadj B.T
AHMADOU AHIDJO of
La Republique du Cameroun, made an important declaration on the 13th session of the U.N.O held
on 25th of February 1959, and it provided further grounds for the
present day southern Cameroon’s struggle, he said “I should not like the firmness and
clarity of our stand to be interpreted as a desire for integration on my part
which would sound the death knell to the hopes of our brothers in the zone
under British Administration…We do not wish to bring the weight of our
population to bear on our British brothers.
We are not annexationists In
other words, if our brothers of the British zone wish to unite with an
independent Cameroun, we are ready to discuss the matter with them, but we will
discuss it on a footing of equality”. Taking this as it
might be that integration with the British southern Cameroons was to be on an
equal basis and the situation the British Cameroons faced during the post
integration, one would agree with me that such declarations are farfetched
within the present context in Cameroon.
One would be right to conclude that what
was to be considered “equal terms” has been turned into a Masters-servant
relationship. Today this part of Cameroon suffers from what many have loosely
referred to as “the Anglophone problem”. What is the Anglophone problem is a
question one would like to ask. Could it be the problem that no concrete
integration was carried out of that negotiation between the two Cameroons in
1961 or that the Anglophones are servants in their own country?
More
so, under UN Resolutions 1608, it was indicated that the end of the British
Trust over Southern Cameroons by October 1st, 1961, there was to be a
tripartite conference comprising of Britain as the administering authority, the
government of Southern Cameroons and the government of La Republique du
Cameroun to draw up a treaty of the union embodying the agreed terms and
understanding for the joining of Southern Cameroons with La Republique du
Cameroun.
It would be mild to see such arrangements as a myth, such
arrangements never materialize, it was best executed in the air which was only
but futile or simply put neglected. What
some would consider very sad on the part of the British trust territory was
that at the time of Independence, the then Secretary General of the United
Nations, Dag Hammarskjold, who was suppose to appreciate the conduct of the
Plebiscite, died in a plane crash over the Congo. Dag was supposed to see through
the agreed terms of what was expected to be the marriage certificate for the
union between the two equal Cameroons.
However his death left things floating.
As God would have it, the results of the and final terms of the supposed union,
was not registered at the UN Secretariat. Registration which is one of the
major requirements for confirming Independence of any Trust Territory was
neglected ab initio. Based on the fact that the Plebiscite conducted in 1961 was
not registered with the Secretariat of the United Nations, according to me this
has been the exact basis of the Southern Cameroons Claims for independence
today.
Accordingly,
the SCNC has picked up this weakness among a host of other factors to seek
relief. Efforts were initiated to correct the errors of the past through what I
would describe as a “mission impossible” at that time. At the early ages of the
struggle, most of the Activists who struggled to mobilize people towards
self-determination faced a huge deal of opposition and torments from La
Republique’s government. Some were forced out of Cameroon and turn to refugees
in foreign Lands. Most of them had been going through hell both in Nigeria,
Equatorial Guinea, America and Asia and inside Cameroons especially most youths
from the only Anglo-Saxon University in the Country right from 1993 till
present day.
The
SCNC took to the African Commission on Human and People’s Rights in Banjul
their case for secession and Independence in 2003. Throughout a long period of
time close to 6 years, the SCNC and SCAPO’s case found competence and merit and
was entertained and a ruling issued in 2009. The Commission entertained the
matter and came to some recommendations which should have ended the struggle
but to the contrary.
The commission frowned at the government of Cameroon, for
initiating concerted efforts to get the case thrown out of the table, for going
to the extent of creating its own SCNC to tender counter claims against the
struggle. The plea from the government of Cameroon that the word “Southern
Cameroons does not exist” was ruthlessly dismissed.
Again the government of
Cameroon’s argument that the issue of independence of Southern Cameroon was
solved since in 1961 by the British during their Union, and that of Northern
Cameroon as well and so the commission should not entertain the matter again,
was equally dismissed. The court dismissed such pleas, declared the case
admissible and opened it for hearing.
The Commission found out a number of rights
protected by variously chapters of the African Charter totally violated by the
Cameroon government against the people of Southern Cameroons especially
Articles 1, 2, 3, 4, 5,6,7(1), 10, 11, 19 and 26 of the African Charter and
gave a series of recommendations to the government to cause a relief to the
above violations which would be seen below.
On the part of the SCNC and SCAPO,
ACHPR acknowledge the fact that the people of Southern Cameroons have a
legitimate claim to independence, having a root, a distinct identity, and
culture and possess the right to self-determination. However the issue of
independence and self-determination was denied firstly because the events
occasioning the present crisis happened far before the coming into force of the
ACHPR in 1989 and the government of Cameroun had ratified the treaty of ACHPR,
even before the case was summoned. Moreover based on the events that took place
during the period of 1960 to 1972, the SCNC and SCAPO could not get their
demand for Independence pass through.
The Commission lacks competence to
entertain the case from that angle. The commission went further to caution the
SCNC and SCAPO that Secession was not the best and only option available to
them to exercise their rights to self-determination. The Commission cannot
invoke the African Charter and though the commission might see autonomy within
a sovereign state, federation and confederacy and even a government in the
context of self government as another option, may be entertained.
It could equally entertained the case if there
are concrete evidences of a massive human rights violations and proof of the
Southern Cameroonians’ non access to public affairs even traced back to the
period of 1961. But the complainants’ desire to invoke the provisions of the
African charter to base their claim for independence as a currently annexed
territory by the latter, will not be entertained since it will threaten the
sovereignty and territorial integrity of a state party to the Charter-Cameroon.
Therefore,
the African Commission rejected the SCNC
claim for secession arguing that although the government of Cameroun has
violated Articles 1, 2, 3,4,5,6,7,11, 19 and 26 of the African Charter, the
government had not reached a point of causing the Southern Cameroons’ to secede
from Cameroon. The ACHPR ruled on the case in a ruling thus “… The commission
however finds also that, the respondent state violated various rights protected
by the African Charter in respect of southern Cameroonians.
It urges the
respondent State to address the grievances expressed by the southern
Cameroonians through its democratic institutions”
The Commission
however made the following recommendations to the government of Cameroon and to
the Southern Cameroons’ National Council (SCNC) to see a final solution to the
problem.
To the
government of Cameroon, the commission recommended as such;
1.
Abolishes all
discriminatory practices against people of Northwest and Southwest Cameroon,
including equal usage of the English language in business transactions;
2.
Stops the transfer
of accused persons from the Anglophone provinces for trial in the Francophone
provinces;
3.
Ensures that every
person facing criminal charges be tried under the language he/she understands.
In the alternative, the Respondent State must ensure that interpreters are
employed in Courts to avoid jeopardizing the rights of accused persons;
4.
Locates national
projects, equitably throughout the country, including Northwest and Southwest
Cameroon, in accordance with economic viability as well as regional balance;
5.
Pays compensation
to companies in Northwest and Southwest Cameroon, which suffered as a result of
discriminatory treatment by banks;
6.
Enters into
constructive dialogue with the Complainants, and in particular, SCNC and SCAPO
to resolve the constitutional issues, as well as grievances which could
threaten national unity; and
7.
Reforms the Higher
Judicial Council, by ensuring that it is composed of personalities other than
the President of the Republic, the Minister for Justice and other members of
the Executive Branch.
To the SCNC, the commission recommended that:
1.
To transform into
political parties,
2.
To abandon
secessionism and engage in constructive dialogue with the Respondent State on
the Constitutional issues and grievances.
The
Commission cautioned the two parties on the accurate implementation of the
recommendations and requested that they send a report about the implementation,
to the commission within 180 days, yet nothing has been done and the commission
has not received any reports ever since. It has made the situation more
complicated for the Country as the Anglophone problem reaches its height.
I
might have concluded that “Yes” the union between the two Cameroon is legal and
valid under the law considering the fact that; valid agreements are reached in
law even by implication. It must not be express. Equally, the aspect of a time
bar and the legal period in which every litigation must come in might see that
the union is a valid one. Not all laws are made by writing, if I would have to
extend further. Judges made laws are sometimes made anyhow, a situation can
cause a law to emanate and even if it’s not made in writing, the law remains a
new law born out of implication. Case law and binding precedents have taught us
a lot.
They are not made in a parliament they are made by judges in court rooms
and become laws. So when we consider these assumptions, one would somehow see
that, even though not expressly stated, An implied agreement of union was has
been somehow reached between the peoples of Southern Cameroons and La
Republique du Cameroun.
As an
advocate and proponent of change I believe the government of Cameroun is very
reluctant to carry out the recommendations of the ACHPR because the commission
is very weak in itself to effect any serious action if they default in their
own part of the recommendations. The ACHPR is not only weak but has no record
of ever solving a particular problem in Africa since its creation.
A commission that basis its ruling on
supposition and not by the facts and evidences tabled before it, does not carry
out thorough findings to ascertain the veracity of the facts before it from
both parties, focusing on not to threaten an existing illegality, cannot pass a
true and fair judgment. Why did the question from the SCNC not sent directly to
the UN for appreciation? Why send to the ACHPR when the commission was absent
at the event of plebiscite of 1961.The ACPHR Was born some 27 years after the
1961 saga, it came into existence only in 1961. I say this because it is the UN
that started all these problems in 1961.
Why didn’t the SCNC and SCAPO x-ray
the scope of local remedies and critically consider the issue of competence and
material jurisdiction. They created the error and should therefore be the right
quarters to correct the error and not the ACHPR of Africa which came more than
25 years after the supposed Union of 1961.
This aspect of the argument has seen
and necessitated other members of the SCNC to seek relief from the UN and which
today I’m proud to say they have made a considerable level of success and it
was hoped that by January 2014, the route to Independence was already near
reach.
ARGUMMENTS
AGAINST SECESSION AND INDEPENDENCE.
Of course it is correct to say the world is getting into
a global village, it is correct to say it’s better to preach unity and
encourage a more unified world than talking about a separation. It’s fair
enough for the peoples of today’s world who find themselves in the 21st
Century, to insist on one and more unified world, which should rather encourage
more unity than division.
However, a series of events and efforts has seen the
southern Cameroons struggle a huge crisis and torture for the Southern Cameroonians
themselves. On state-run media on October 1, 2009 on the 48th anniversary of
the re-unification of Southern Cameroons and the Republic of Cameroun, Issa
Tchiroma Bakary, Cameroon’s Minister of Communications, informed the public
that the African Commission of Human and People’s rights, had ruled on the case filed by SCAPO and the SCNC.
He stated that “In its final
decision, the commission has rejected all the secessionist claims made by the
representatives of SCNC and SCAPO. The commission has also rejected allegations
that the Anglophone community is victim of violence and discrimination.” This
was a big lie that was broadcasted live from the Cameroon Radio and Television
(CRTV) and other media houses in Cameroon.
The
government of La Republique has argued intensely and come to a conclusion that
there is no need to talk of secession because the Anglophones could not be
considered as people from a different country. To them, the idea of secession
is a forgotten theory. There is nothing like Southern Cameroons, nothing like
Anglophone problem currently existing. The issue of independence is an issue of
the past.
It was settled in 1961, the government argues that the right to
self-determination ended on the 11th of February 1961, marking the
end of British Trusteeship, when the southern Cameroonians voted to join La
Republique so as to be independent. As such southern Cameroonians should not
expect to get any local remedy in a country where there is little or no aspect
of non recognition of the Anglophones. These issues were settled issues they
argued.
SCNC
is just a rebel group that seeks to threaten and destabilize the territorial
integrity of Cameroon and the government has vowed to deal with ruthlessly
anyone found sympathizing with the SCNC.
UVIVERSITY
OF BUEA STUDENTS KILLED IN 2005 AND 2006.
The government has vowed to lacerate any Activist
movement, civil society movements and youths’ core in the Anglophone regions of
Cameroon. Open brutality, murder of innocent Civilians, youths and causing all
sorts of court sentence to young
Activists, This is why with conspiracy with top members of the Anglophone
sector of Cameroon, there has been a huge blockade towards the achievement of
the SCNC struggle.
The government of La Republique uses a divide and rule
policy which favors the Anglophone Loyals against the Southern Cameroon
Activists. They refuse to identify themselves with any liberation movement in
the Anglophone regions. They have decreed to completely wipeout all Anglophone
doctrines and traditions, the educational system, the English Language,
especially the issue of students’ Unionism. The most powerful Anglophone Youths
voice The University of Buea Students’ Union (UBSU) was ruthlessly lacerated by
an Anglophone.
GOVERNMENT SORTS TO
WIPEOUT THE STRONGEST ANGLOPHONE YOUTH MOVEMENT UBSU.
While brothers share in the pain of the huge loss of such
an Anglophone arm, the killers have been decorated national heroes. The leaders
of UBSU, face trial in Court, were jailed and others were refused graduation
from the University. Others would simply put, never get the chance to ever
defend their already finished Thesis. Others were threatened, followed and
forced to leave the country to foreign Lands.
A majority of the Youth Activists
have now become refugees and semi-refugees in foreign Lands. They can only feed
from the economies of foreign Lands. While the government of la Republique sits
with the Anglophone conspirators on the rich soils and resources of the
Southern Cameroons.
SPECIAL MESSAGE FOR CAMEROONIANS
“The
mighty wind is blowing”. The tree of liberty can only be watered with the blood
of those that make sacrifices; Courage is what I require from you at this point
in time. Expectations turn out to be mere fantasies when the people lose hope.
I wish you welcome this mighty wind in good faith. Do not expect to hear a
gathering being called to censor your opinions about the present move. Enough
is enough. I know as normal some will question the authenticity of facts which
is normal, but let me borrow the wisdom of the music legend BOB MARLEY of
blessed memory may he R.I.P, before you even speak to answer you. Some people
feel the rain others simply get wet”.
This is the time for those that claim to
be tough to expunge on what they have and prove what they have in their minds.
This is the time to speak out your minds and not hide your pictures in the
guise of being caught. The time is now for you great young leaders and
aspirants to defend justice, due process and the rule of law. Do not question
the knowledge of a person who has made an attempt. Do not destroy if you cannot
build.
Lastly,
this is going to be a trial moment for you all. Normalization is a big
temptation for us. We shall face torments, torture forced to subdue. However
note that, the Re-Unification celebration is only out to wipe out all these
struggles. If the peoples of Southern Cameroons led by its forerunners accept
to host such illegal event, I can tell you to forget the idea of a Southern
Cameroon’s independence for ever. They will be deceived as was the case in
Foumban. If the supposed re-unification celebration is allowed to hold, know
that History has repeated itself. But let Psalms 23 and 91 be your guide.
GOD BLESS THE
PEOPLES OF SOUTHERN CAMEROONS.
BY: ASHU HAILSHAMY (LL.B)
Email:ashu.shamy@yahoo.com
CONSULTATIONS:
Wiki leaks
African Commission on Human and People’s rights.
Cameroon Journal on Democracy and Human Rights
Inside Information
Global Times Magazine
African Charter
United Declaration of Human Rights
UN General Assembly Resolutions
Un Charter
Done TODAY at 00:00 GMT +1 ON THIS DAY 12th
January, Year of Our Lord 2014.
2 comments:
C'est ca.
Check this:
You are a citizen of the State of former British Southern Cameroons
It is 1960.
You have 100% control over your own affairs.
Then in 1972
You have only 50% control over your affairs
And in 1984
You have just 20% control
And from then on
It seems you have totally lost control of Everything in your Territory.
Question: What happened?
You tell me.
TribalMonk
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