LIONGO

(The Liberation Guide)

"Any contract borne out of deceit and falsehood, maintained through violence and coercion is non binding to the contracting parties" (SG SCYL)

BRITISH

SouthernCameroons
Claim for Self-Determination

ere;;ted

Departmentof The Press& Communications

YouthLeugue(SCYL) TheSoathernCumeroons

Kwame Nkrumah(C), Ghana's of independence Panafricanist father and received Southern by (L), Prime John Foncha flanked Opposition Emmanuel by leader Cameroons Minister Ngu (R) former Minister Mbella Needles and Lifafe Prime Augustine Jua Ngom

CONTENT
Preamble HomelandFeatures

Part { Human Rights PersPective
BrutalitY against a PeoPle

Part | { Case for Self-Determination
A. Our Case B. WarInevitable

Our Vision

Preamble The right to self-determination remains cornerstone formsthe foundation a the that of peacefuland secured nation stateand the best instrument guarantee rights of to the every people.It has been guaranteed throughvariousmechanisms from autonomy, throughfederalism the devolutionof powers.It hasbeenthe bestmethodto arrest to political discontent beforethey drift towardsconflict. The campaign decolonisation of has beenthe thrust that hasmovedthe campaign self-determination of struggleto a new pedestal and forced the international institutionalise as one of the systemto it best instrument guarantee to international security.From the collapseof the Soviet Union, the disintegration the Balkans,the devolutionof powers in the United of Kingdom to the independence East Timor, the clamour of peoplesto govern of themselvesbase on their values, traditions and customs has become the core intemationalprinciple that has markedthe last decade the 20thcenturyand will of defineconflict management resolution the 2ltt century. and in We, the peopleof the Ex-UN Trustterritory of the Southern Cameroons underUnited Kingdom mandate, seeknothingbeyondthe right to determine economic, our social and political future. This is a strugglethrust upon us, by the failure of the United Nationsin complicitywith the UnitedKingdomto terminate properlyaccording the to principles outlined in Article 76 (B) of the UN Charteron Trust territories,the mandate system imposed 1946by UN Resolution.....This in failureand subsequent manipulationof the SouthernCameroonspeople into a federal Union with an independent Stateof La Republique Cameroun the guarantee its involvement du on of in negotiating and shaping the Union led to the occupationof the Southern Cameroons. From the onsetof this occupation, Republique Cameroun to consolidate La du sort its rule througheconomicexploitationof a part that providedover 60% of the GDP, political exclusionand a systematic social abandonement, policy of Human Rights Violation. Every oppositionto thesepolicies was treatedas a threat to "national cohesion"and ruthlesslysuppressed. peopleof the SouthernCameroons The were treatedwith contempt,arrested indiscriminatelyand thrown into jail, dozenswere extra-judiciallyexecuted and the whole societysubjected undercruel, inhumanand degradingtreatment.Torture was systematicand rampant as proven by the LiN SpecialRapporteur tortureSir Nigel Rodleyand several on otherintemational human rights organisations. a direct consequent this, SouthernCameroonians As of today represent highestsingleper capitalasylumseekers virtually everycornerof the the in world. The SCYL is a movementformed in the SouthemCameroonian capital of Buea in 1995 and has beenat the forefront of the campaignof the peopleof the Southem Cameroons self-determination. Pressand Communications to It's department has compiledthis report for the sake of explainingthe plight of the people and why intervention might arresta very explosive situation.

Homeland Features

of The Prime Minister's Lodge, Buea (built 1902)official residence the Prime of Minister and Seatof Government The SouthernCameroons.

I

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Buea, The Southern Cameroons (1958): Bi-partisan Parliament in Session

Erupting Mount Fako: 4100m high is a toweringtourist attractionin Buea,the capitalcity of The SouthernCameroons. HighestPeakin WestAfrica, it is also called"The Chariot of the gods."

The Oil Refinery in the deepseaportcity of Victoria -exploitation beganin1975.

Oil Palm Plantation: The largest single employer in the Southern Cameroons

Bamenda:The largestcW in the SouthernCameroons

Korup National Park: One of the in largestwildlife reserves the world.

Cocoaplantation: Export product

Finestcoastline in Seaporttown of Victoria, SouthernCameroons

Kumba Town: Oncebustling

Supe E}firtge (Pt|oto:

Njei f'l.Il

The Supe Bridge in the midst of virgin forest

and Wum in LakeOshen,This GraterLakesituatedbetweenBamenda 'sometimes of changesits colour' the NorthWest Province Cameroon

Lake llum, Cameroon: Roughlytwenty kilometresfrom lake Oshenon Bamenda-Wumroad

Menchum waterfall: Said to be biggestin West Africa the

Abundant wildlife: Chimpanzeesin the Victoriazoo

Tea

Ptantation,

Tole {photo:

Njei M.T}

Tole Tea - Her

ndts Favourite

in Bananas the sweetest the world Market are SouthernCameroonian

Natural fruits from Near-by farms Abundant X'resh

Craft man at work Above:SouthernCameroonian

Rich Oroko Tradition

.**-#ffiffiF

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PART I

Human Rights Perspective
Brutality Against A People

in degree student zoologyof April 28,2006,GilbertNforlem, a Masters On Thursday the University of Buea, the lone English speaking university in The Cameroons whose pictures appear below received over five bullets into his chest from a gendarme's He rifle following a peaceful demonstration. fell anddied instantly. The following weekPaNforlemhis old fathertravelledfrom their village over 300km away and cameand confrontedthe governorof the province. The old man broke into tears in front of the governor 'What have you done with my last hope---tell me Mr Governor,who will take careof my family now that I am on retirement?Despitethe 'military' governor ThomasEjake Mbondethe francophone emotionsof this scene, showedman's inhumanity againstman by shamelessly telling the old man that oPa, you canstill haveanother child'. During the sameshooting spree,Aloysius Abouam of the departmentof education gunshotbehindhis head.The murdered anothergendarme's by was also gruesomely cruelty of the gendarmes went evenfurther.

19 years old JosephineS. Tumnde a female fresh woman narratedher ordeal with the 'they broke marauding gendarmesas they broke into her room while she was cooking, into my room and immediately askedme to lie down, and before I could, they started beating me with truncheonsand sticks. They shatteredmy water closet and toilet bowl into pieces' the young woman narrated in tears as she bled profusely on her right ankle and shin. The two slained students and the hundred or more who suffered injuries and lost properties had been part of a mass demonstration by students and teachers of the university to protest against a decision by francophone politicians from the predominantly French speakingpart of the country to force authorities of the school to include the names of Francophones who failed or didn't even seat the entrance examinationsinto a newly createdfaculty of medicine of the school. Created only in 1993, this university has become a source of pride to the English speaking population becausefor over 30 years after a failed independencestruggle since 1961, the people of the former British SouthernCameroonswere forced by a well crafted policy of assimilation to study in French in the Francophoneuniversity or migrate out to other countriesto acquire university education. Previous cases of targeted killings in the same university have even been more vexing. Hilary Muabe an Economics student was shot on the head, Ivo Obia an Economics studentwas shot in the mouth. Laura Mbianda and TerenceNdeh also fell down from the bullets of French gendarmesjust because they seek to get better leaming conditions

Profiling, Targeting and Extra judicial killings for speaking English The minority French speaking Canadians of Quebec province usually pride themselvesfor being a bilingual country after having observed the sacrifices put in place by their majority English speaking counterpartsto integrate them and enable them feel at home. This is not the samein The Cameroonswhere the only reasonwhy the Francophonemajority population think their minority Anglophones counterparts are important is only becauseof their natural resourcesparticularly petroleum. Speaking English in The Cameroons can sometimes turn into very bitter and nasty experiences. French speakingpolice, gendarmesand military personnelhave targeted,tortured and killed English speakingCameroonianson basesof their language. Just last January 8, 2008, a SouthernCameroonianby name Paul Babila was targeted and summarily battered to death by Francophonespeakingpolice officers in Victoria he because spokeEnglish In Banso, over 350 km away from where the University of Buea is located, a similar pattern of targeted killing is narrated. Mrs Shinyuy a middle aged woman stood with her three children and the big half photograph of George Shinyuy, her husband who 'This is his grave' Mrs. Shinyuy narrated in was beaten to death by the gendarmes. tears. 'The gendarmescame 8 of them and kidnapped him away at midnight. When we went to inquire, they started playing games, dribbling us from one place to 'He is at the brigade', and when we goT to the brigade, they said 'he is at the another.

company'and by the day we finally saw him, he was at the point of dieing.He was refusedfood and waterand whenwe got the station,we heardhim crying. Whenone protested; gendarmes laughed of our relations the and said'if he dies,you candeliver anotherone'. 'Al1 along' Mrs Shinyuycontinued'they were beatinghim to accept that he killed a gendarme, he was refusingsayingthat he was a herbalistwho but helpsto savelives, and he could not be the samepersonwho would kill someone'. journalistwho hasproduced 105documentary Shetold Ulrike Kobacha German a on the humanrightsabuses British Southern Cameroonians. on

A WesternWashingtonUniversity Cameroonspecialiststated in one report that selective harassment of continued againstmembers the SDF and SCNC (All English speaking) that in the last l8 months(2002)a numberof cases womenaffiliated and of political organizations Cameroon with in who said they had been raped,had been broughtto his attentionaccordingto a finding by The Medical Foundationfor the Careof Victims of Torture(MFCVT). In its June2002report,the MedicalFoundation "In concluded: the present studyof 27 Cameroonian women receivingtreatmentat the Medical Foundation London,25 in havebeenrapedby agentsof the Cameroonian Stateand/orwhile in the custodyof the State"(MFCVT 26 Jun2002,4.1).Of the 60 men and womenwhosetreatment formed the basis for the report, 35 of the subjects(58 percent)were membersor supporters the Social DemocraticFront (SDF), nine (15 percent)were affiliated of with the Southern Cameroon NationalCouncil(SCNC), 13 percentwere members of otherparties,andonly eightpercent werenot politically active(MFCVT 26 Jun2002,

7.r).
government AmnestyInternational several in reportshascastigated Cameroon the of systematictargeting of English speakingCameroonians. Casesof (Anglophone) in deaths custodyamongthis groupof prisoners includethe following: Emmanuel Konseh,who was reported havebeenseverely to beaten and stabbed with a bayonet, died on 28 March 1997 while being transferred to Bamenda; SamuelTita, aged38, died on 1 May 1997apparently a resultof lack of food and as medical care while held at the Gendarmerie Legion in Bamenda; Pa Mathias Gwei who had becomecritically ill after having been tortured was reportedly deniedadequate medicaltreatment died on25 May 1997,a few hours and after he had finallv been transferred to hospital;
Daniel Tata, from Bui Division, was reported to have died in custody at the Legion Gendarmerie in June 1997; Ngwa Richard Formasoh, aged 25, reportedly died on 5 July 1997 as a result of dehydration caused by dianhoea for which he did not receive treatment; Lawrence Fai, who had become critically ill in the Central Prison in Yaound6, died around5 September 1998. Four Anglophones, Abel Achah Apong, Crispus Kennebie Echikwa, John Kudi, and JacqueNjenta, have been detained in the Yaound6 Central Prison since 1995, and a fifth, Etchu Wilson Arrey, since 1997. Each was incarcerated after signing or displaying a petition for a referendum on independence the Anglophone provinces. for At year's end, none of these detaineeshad been brought before a judge or charged with a crime.

Therewereno knowndevelopments, areany likely to be, in the May 2000case nor of Mamfe residents Joseph Enow, Joseph Tafong, Chief Assam, and Mathias Takunchung, who disappeared after security officials searched their homes. The familiesof the four Mamferesidents havealleged that they wereexecuted, that 30 and otherpersons disappeared undersimilarcircumstances 2000. in On October I in Kumbo, a gendarmeshot into a crowd of approximately400 killing 3 and injuring 16 persons, unarmed demonstrators, after a SCNCanniversary celebration becameviolent (see Section2.b.). No action was taken againstthe gendarme year'send. responsible by Because the presence two Anglophone of of brothers, Eric Chia andEffician Chiathe DoualaOperational Command arrested and killed with acid nine persons who were suspected stealing gascanister the Bepanda of a in District of Douala. On May 26,2000 at leastsix peopleweretargeted and shotdeadin Bamenda during the launching the SocialDemocratic of Front. Another report concludesthat 'In this predominantlyFrench-speaking country, Anglophones suffer discrimination from both Stateand societyand disproportionate humanrights abuses including arbitrarydetention.During the 1990s,radio stations controlledby or supportiveof the govemment repeatedly "incited ethnic animosity -sectordiscrimination their under-representation against Anglophones." Public and in public institutionshas led many English-speakers supportclaims for greaterselfto for provinces determination the Anglophone Northwest and Southwest Theseincidences might be a microcosm, understanding plight of the over 6.5 but the million peopleof the former UN trust territory of The British Southern Cameroons andtheir clamourfor an independent statehood betterbe explained suchgross can by injusticesand violationsof the individual civil and political rights of the peoplein a mannerthat hasled thousands peopleto an early grave,maimedand handicapped of hundredothers,and convincedvirtually the entire populationof the territory that independence NOW is the only way to avertanotherbloody conflict in the armpit of Africa that couldhavea bitter spill overengulfingthe wholeof subSaharan Africa. Ebenezer Akwangaa nativeof Southern Cameroons arrested 1997along side was in dozenof his fellow countrymen womenfor speaking against unspeakable and out the human rights abusesand targeting of English speakingCameroonians. was He humiliated,tortured and tried in a midnight military tribunal and sentenced 15 to years.He was rescued from prison in 2003 and has recounted ordealin a book his 'Smiling throughhardship'.His sufferingand tribulationshas cometo represent the hopeof a new dawnfor the over 6.5 million peopleof the formerUN trustterritoryof British Southern Cameroons. Ebenezer Ahuanga: Tortured and allowedto die - Tale of a sarvivor "Despitethat I got to the gendarme brigadeat night; the placewas unusuallyfull of gendarmes. They had tightenedthe handcuffson my handsto the point that I was

bleeding. legsequallyhadbeenchained My together. wasbundledon the floor anda I bucket full of stenchwas pouredon me. It was as if I had been lying beneatha urinary. I was beatenon the solesof my feet. The gendarmes usedbatons,my legs stretched and two of the officers stoodon both sidesof my knee: one usedhis out right leg to pin down my left kneewhile the otherperformed sameact on my left the knee.One of them took out a baton and startedbeatingme on the solesof my feet again.I can't recall if I was crying or shoutingbut I guess was a mixture of both. I it knew at this juncture {hat they were on a mission to kill me and rcalizedtime was the only thing that separated with death. Though still bleeding from the booth me squashed beneathmy chin, the gendarmes beat me up until I passedout. When I regain consciousness, can't tell how long after, I found myself in an extremely I narrow cell and seated besides was Julius Ngu Ndi and the daughterof another me activist..Juliuswas so frightened with my state,blood spilledall over my body and I was stinkinglike someone from a piglet or like a child pulled out of a pit latrine.The odour that camefrom me, includingthe stinking natureof the cell madethe whole situationvolatile and it takesonly a God to get someone of sucha situationalive.. out I was so weakto think, or reflecton anythingbecause hadpassed a lot of blood. I out To worsenthe situation I was arrestedwith a bit of fever. At about 2am, I was draggedout of the cell, technicallynaked.I can recall that I had a greenpair of trousers,a greenturtleneckthat were all soakedwith my own blood. When I was strippedof thesethings, they were put in a plastic and I was pushedto a certain position.I sat in front of two officersand a third who pretended be an angelin the to land of the dead,camein. He broughtin a type of plasticchair and I was forcedto sit on it. I was then handcuffedonce more with my legs chainedand they started questioning me. I found it very diffrcult to go throughsomeof the questions. was I being called 'Mr. Ambazonia'.This is referring to one of the appellations The of Southem Cameroons. Theymadea mockeryof me. They saidI claim I wasa freedom fighter and they want to seehow I will fight for my freedom in here. They made it clearthat whereI was,therewas no God. That immediatelyyou get in that building they became next god and that they had the power of life and deathover me and the that every momentI called the namegod, I will only increase torture. It was a my very frighteninghour to listen to suchtales.At one moment,I becametensedand angry graduallypushingmy pain to my sub-conscious mine. I was interrogated for close to two hours. It was not really an interrogationper se but like a mockery showdown wherepeopletook turnsto abuse me. After thesetwo hoursof mockery,I was takenback into the cell totally nakedand how I survivedthis period could only be attributedto somepowersabovehumancomprehension. about8.15,only with At our under-wears, handcuffed,we were dumpedinto a truck and driven to the Kumbo gendarmerie station.At Kumbo we were takenout of the truck, chained and dumped into anothercell. I thoughtat one momentthat this may be my last destination but little did I know that our Himalayawas still far off. At about 10 am, after their guard of honourand military procedures gendarme one approached and said it was 'le me 'time for coffee',I thoughtthat we wereto be momentdu cafe'. Translated English in served breakfast little did I know that we were the real coffee.We were brought but out and sat on the floor and faced the brigade commanderwho said he was a very lucky man to havesucha big delegation front of him that he had ordered boys in his to serveus well and that if we were not satisfiedwe could ask him for more. I was very curiouswith this level of cordialityand waitedanxiouslyfor our breakfast. First

the gendarmesbrought out two chairs and I was asked to stretch my legs in between the chairs. The assistantcommander came out and said in their tradition elders eat first. The chair was pushed up to below my chest level and a gendarmesat on it and his boots placed on my knees. I heard a name oMvogo', and a voice answeredin a commander nearby room ... 'patron'...he came out with two batons.The assistant was so furious and yelled at Mvogo what he needed batons for. He ordered him to bring out a Machete. At this moment I realized the coffee I was expecting will be something else and that I was in for a rough ride. Mvogo brought out one new machetenicknamed 'man no rest' and three gendarmestook turns in the torture. They gave me close to 300 strokes on the soles of my feet. I had never cried before, but if really I cried, my tears could engulf the entire station. I cried until I could cry no more, for the pains were unbearable.And what angeredmy torturers was that during the entire period they never heard a single word of appeal.For every stroke that they gave it was 'oh, my God' and as the pain increasedsomethingtook over my body and my flesh becameresistant,the urge to die for the truth increased,my determinationto resist evil, quadrupled: all what I thought of during those very dark moments was Freedom,not for myself, but for those for whose sake I was being tortured. I had long forgotten about Lake Nyos but I thought of it, I thought of the series of students I knew personally and who died mysteriously in the University of Yaounde. I thought of so many other evils against our people, and then I becamehuman once more, my thinking about my wife and my children. I askedmyself if I will ever seethem again. I became a little bit weak at this juncture and that was the moment tears started dropping from my eyes,then I realized I was praying truly that the only one man who could keep the Causegoing who was in Victoria should not be arrested.I realized that as they were beating me I was praying in my sub consciousmine for these men and my family. It was in between crying and talking, in between pain and anger, in between courage and resignation. I repeated those words thrice. When the beating stopped,they shifted the chair from me. The entire soles of my feet were red and the pain so excruciating that it paralyzedme. I could not move my legs, not becausemy legs were chained but becausethey were virtually out of action. They pushed me aside to make way for Julius. A1l through my ordeal, Julius watched with total paralysis. I can only believe he died severaltimes before his tum came. Then came a loud voice in French...pass6 alatabac..., c'est ton tour du caf6...Julius'sordeal though short live was never the less violent. After that I was raised up still chained and prepared for the next phase of the drama. The next drama phase took place in front of the office. Here there were very sharp pebblesthat will wound you any time. We were now taken out and askedto step on the pebbles.Though I could barely stand or move my legs, falling on kneeling or doing otherwise as instructed wasn't an option. Our torturerstuned a song ('ai chechez,j'ai truer, Biya avant Dieu...) and as we were singing we were dancing. There was kind of an official competitive atmospherebetween me and Julius who will come out the better dancer. While the vocal was seriously taken, the rhythm was of greater consideration becausewe had both unconsciously decided to please our torturers hoping that God will reduce our ordeal. This was not Beethovenbut heavy metal. This went on for close to 20 minutes during which time the torturers enjoyed the show, especially the gendarmerieladies who were present. One said this had been one of the best shows they had ever watched but they regretted that we will soon be moved to another quarters.All this went on while our legs were still chained and our handshandcuffed behind our backs.

the gendarmesbrought out two chairs and I was asked to stretch my legs in between the chairs. The assistantcommander came out and said in their tradition elders eat first. The chair was pushed up to below my chest level and a gendarmesat on it and his boots placed on my knees. I heard a name 'Mvogo', and a voice answeredin a nearly room ... opatron'...hecame out with two batons.The assistantcommander was so fi.rious and yelled at Mvogo what he needed batons for. He ordered him to bring out a Machete. At this moment I realized the coffee I was expecting will be something else and that I was in for a rough ride. Mvogo brought out one new machetenicknamed 'man no rest' and three gendarmes took turns in the torture. They gave me close to 300 strokes on the soles of my feet. I had never cried before, but if really I cried, my tears could engulf the entire station. I cried until I could cry no more, for the pains were unbearable.And what angeredmy torturers was that during the entire period they never heard a single word of appeal. For every stroke that they gave it was 'oh, my God' and as the pain increasedsomethingtook over my body and my flesh becameresistant,the urge to die for the truth increased,my determination to resist evil, quadrupled: all what I thought of during those very dark moments was Freedom,not for myself, but for those for whose sakeI was being tortured. I had long forgotten about Lake Nyos but I thought of it, I thought of the series of students I knew personally and who died mysteriously in the University of Yaounde. I thought of so many other evils against our people, and then I becamehuman once more, my thinking about my wife and my children. I asked myself if I will ever seethem again. I became a little bit weak at this juncture and that was the moment tears started dropping from my eyes,then lrcalized I was praying truly that the only one man who could keep the Causegoing who was in Victoria should not be arrested.I realized that as they were beating me I was praying in my sub consciousmine for these men and my family. It was in between crying and talking, in between pain and anger, in between courage and resignation. I repeated those words thrice. When the beating stopped,they shifted the chair from me. The entire soles of my feet were red and the pain so excruciating that itparalyzed me. I could not move my legs, not becausemy legs were chained but becausethey were virtually out of action. They pushed me aside to make way for Julius. All through my ordeal, Julius watched with total paralysis. I can only believe he died severaltimes before his tum came. Then came a loud voice in French...pass6 la tabac..., c'est ton tour du caf6...Julius'sordeal a though short live was never the less violent. After that I was raised up still chained and prepared for the next phase of the drama. The next drama phase took place in front of the office. Here there were very sharp pebbles that will wound you any time. We were now taken out and askedto step on the pebbles.Though I could barely stand or move my legs, falling on kneeling or doing otherwise as instructed wasn't an option. Our torturerstuned a song ('ai chechez,j'ai truer, Biya avantDieu...) and as we were singing we were dancing. There was kind of an official competitive atmospherebetween me and Julius who will come out the better dancer. While the vocal was seriously taken, the rhythm was of greater consideration becausewe had both unconsciously decided to please our torturers hoping that God will reduce our ordeal. This was not Beethovenbut heavy metal. This went on for close to 20 minutes during which time the torturers enjoyed the show, especially the gendarmerieladies who were present. One said this had been one of the best shows they had ever watched but they regretted that we will soon be moved to another quarters.A11this went on while our legs were still chained and our handshandcuffed behind our backs.

I never know how I survived these 20 minutes. Under normal circumstances,it is difficult to mount these black sharp pebbles bare feet. Dancing on them with swollen and bleeding feet for 20 minutes was only adding salt to injury. A series of plastic bags were brought out by a gendarme officer, including my bag that contained personal documents like my birth certificate, my medications and placed a few meters from us. A gendarmeofficer brought out a gallon of keroseneand a box of match and handedit to Julius. He was askedto set everything alight. Turn by turn, one gendarmeafter the other, held me at the back of my neck and asked to open my mouth and eyesto the flame. One pressedmy head close to the buming flame and a few minutes after I was already suffocating from inhaling carbon monoxide. After a few minutes Julius took his turn. I went through this process three times refueling with more plastic bags and kerosene.We were now hushed into the cell just close to the torture chamber. Two of the gendarmes brought in two plastic bags. One gendarmetold me that they didn't put sugar in my tea. One took the plastic bag and set it alight and allowed it to be dripping on my lap. I shouted so loud that the company commander came out. When he saw it, he told Mvogo that that was a good job. I still have visible burn marks of this incident on me as a witness to my ordeal. Before they stopped the pain knocked me off for close to ten minutes. They revived took closeto 5 hours.At about me by pouring water on my body. All theseincidences lpm, we were taken to the office of the Prefect of Bui division, Tami -Tiku Arikai Martin. He came out of his office and looked at us in the car with stunning disgust. I couldn't remember the original colour of my underwear but then it looked so dark with bloodosweat and stenchthat one could mistakenly take it for black Upon arrival, we were unchained and the people in Yaound6 brought their own chains. We were taken to the cells after the formalities. We were at the underground cell of the national gendarmerielocked up in the cell with hardenedcriminals. As I enteredthe cell, the inmates there sent me to where their urinary was. That was where I was supposedto stay The following day, the chaining on my legs was reinforced to the point were I could not stand and I thought my veins were to cut. This baffled the chief investigator who shoutedat his subordinateswhy they chained us that way. Apparently there was a TV journalist who had come to film us. The white journalist could not bare the scenehow we were creeping with chains. It was then that the chains were relaxed a bit. My legs were already swollen so it took us quiet some times to even stand up. Becauseof the awful scenario, the white TV camera man had to surrender his camera to the gendarmejournalist to do the shooting. After we were returned to the cell, and while in there I went for 2I days as from when we were arrestedwithout bathing. In this cell, the gendarmeshad planted a criminal who was out to extort information from me. Sensing danger, and with nothing to use to communicate,I used a pear seedto scribble an SOS messageon an empty cigarette park to the National Human Rights Commission who acted promptly and paid a visit to us. By the 2l day, the gendarmechief investigator came down to our cell and when he saw my conditions, he orderedthat I should be allowed to bathe. Still under chains, one of the guys struggled and removed my trousers, and this permitted me to bath.

There after, the same investigative gendarmeofficer who happenedto be a Southern Cameroonianand I was told he had studied in West Point ordered that the chains be removed from my legs. Feeding was dramatic. Our food was terrible and we had to use half plastic water bottles as eating plates. On June 2, lggT we were transferredto the military court to go and sign papers.Here we were carried in a military truck and we got there, we were exposed in the sun. After a long wait, wq were called in one after the other and read a report in French and we were asked to sign. We signed without even understandingwhat was written because there was no translator. We were then transferredto the Kondengui prison. At kondengui, the warders welcomed us and askedus to sit on the floor. Surprisingly, one warder came from behind and gave me a knock on my head. I cannot recall whether it was a baton or what but I almost went unconscious.Later, one of them strip-searched me and I was picked-out for slaps and insult for another motif: "starring at him." I couldn't bring myself to comprehend why a glance at someone could lead to so much brutality. And then I remembered: I am just an Anglophone who deservesno better or decent treatment than the one just meted out. Yes, Kondengui epitomizes terror, suffering, hardship and death.Each night here producesa nightmare. In fact, between40 and 55 men are put to stay in an ever overcrowded cell of 5 meters square.Here, there are makeshift planks passing for bunk beds for 15 persons, the rest are made to sleep on bare floor in a sardine-like manner.They are called "Dormoteur". Here, we lie side by side in rows. I have got used to walking up entwined in the arms and legs of those next to me. Kondengui is indeed a place where people are sent to die. Kondengui bring to life the continuous stigma in La Republique du Camerounof comrption, injustice and brutality."

VICTIMSO FILE

Mr. Nkongbang. He was arrested in 2001, detained illegally for two weeks, tortured using the Blancoire

Scotched-Earth Policy: Mr. Nkongbang's school destroyed by the gendarmes

Selai:After the shootingdeathof his 19year old son,he was shoton the toe, arrested,detainedfor weeksand tortured

Widow of George Shiynyuy explains the torture to death of her husband seen in the background picture

protest Unknownvictim shotto deathduring peaceful

Gendarmes unleashedarsenal against protesting students

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Ambouam Aloysius.Gunned down at closerange,executionstyle; La Republiquedu Camerounmethod of upholding international human rights standard.

Nforlem Gilbert: Gunned down during a university protest.The Governor told the father, its no problem, he can deliver another child.

NtanenDanielNdifon: After five yearsof detentionand torture, he succumbed and died in jail

Khan Zacharia Ndifet under detention; tortured until he lost all his toes

This is five yearsold pupil - "WanTata NoelMobit" who was arrestedat 11:30pm 30 Sept.,2001 detained The BrigadeTerre and The on and at Gendarmerie Legionin Bamendafor 2 dayseach

The deliberate killing of the innocent and oppressedpeople of the Southern Cameroons during a peaceful demonstration in Kumbo County

Part II
The Casefor Self-Determination

As argued by Professor Carlson Anyangwe in the African Court on Human and Peoples Rights, Banjul, The Gambia INTRODUCTION 1. The substance the complaintof the peopleof the Southern Cameroons that the is of rightsrecognized peoples Rights to underthe African Charteron HumanandPeoples' du have,for the peopleof the Southern Cameroons, beensuppressed Republique by (the in Cameroun Respondent State) throughdomination colonization violationof and the Chaner;andthat Republique Cameroun guilty of a seriesof gross,massive, du is humanrights violationsin respect namedcitizens continuingand reliably attested of andgroupsof citizensof the Southern Cameroons. (the Respondent 2. The Commission requested find Republique Cameroun is to du State) guilty of these violations; to reaffirm the inherent, unquestionable and inalienable right of the peopleof the Southern Cameroons self-determination, to and thus to the enjoymentof all the rights recognized peoplesunderthe Charter;to to reaffirm the right of the people of the SouthernCameroons live in peaceand to partiesto the Charter assist peopleof securityasa freepeople;to call on States to the the Southern Cameroons their liberationstruggleagainst foreigndominationof in the (Respondent Republique Cameroun; call on Republique Cameroun du to du State)to end its continuingviolation of the humanrights of individual SouthemCameroons citizens; and to find that victims of human rights violations by Republiquedu Cameroun entitledto adequate are compensation. 3. The facts are recountedin some detail and the law elaboratelyenunciated. Reasonable minds would immediatelyobservethat the presentcommunication is hugely distinguishable both on the facts and in law from self-determination matters that the Commission hithertoconsidered. has suchasKatanga. DawdaJawara. Sir and Casamance.

PART I. THE F'ACTS The territory of the SouthernCameroons has a surfacearea of 43,000 sq. km and a current 4. The SouthemCameroons bigger than at least populationof about6 million people.It is thus demographically and 60 UN and 18AU MemberStates, spatiallybiggerthanat least30 UN and 12AU Nigeria between Locatedin the 'armpit' of Africa, it is sandwiched Member States. WestAfrica andwhat in effectis like du andRepublique Cameroun a wedgebetween still FrenchEquatorialAfrica. It has frontiersto the west and north with Nigeria, to and du the eastwith Republique Cameroun, to the southwith the EquatorialGuinean boundary treaties. by are Islandof Bioko. The borders well attested international includeoil, gas,timber, coffee, Cameroons of 5. The naturalresources the Southern oil cocoa,tea,bananas, palm, rubber,wildlife, fish, medicinalplants,waterfallsand a produce. wide varietyof fruit andagricultural 80 yearsof British Connection was Cameroons originally British from 6. The territorylater identifiedasthe Southern incorporated into the It 1858-1887. was ceded to Germanyand subsequently of contiguousGermanprotectorate Kamerun,which had been acquiredearlier in 1884. the the of Treatyrespecting settlement the frontier between 7. A l9l3 Anglo-German British territory of Nigeria and the Germanterritory of Kamerunfrom Lake Chadto treaty has remainedthe instrumentdefining the the sea.That territorially grounded Moreover,a boundarybetweenNigeria and the SouthemCameroons. international (Definition of Boundaries definedthe Proclamation) 1954 British Order in Council Cameroons. Regionof Nigeriaandthe Southern the boundary between Eastern wascaptured in territorythat hadbeenceded 1887by Britain to Germany 8. The same World War I. It later of I9l4 soonafter the outbreak by British forcesin September parts, the consistingof two separate becameknown as the British Cameroons, and Southem Cameroons theNorthernCameroons. until 1916 when Anglo9. Germanyheld on to its original Kamerunprotectorate known it. took possession theterritory andit became of Frenchforcescaptured France to In FrenchCameroun. 1916therefore,Germanyceased exerciseany territorial as over Kamerun.The utter defeatof Germanyentailedthe loss authority(sovereignty) Treaties of its colonialterritory.UnderArticles 118 and ll9 of the 1919Versailles Germany renouncedand relinquishedall rights in and title to all its overseas possessions, territory. includingher Kamerun 10. An Anglo-Frenchtreaty of 1916 (the Milner-Simon Declaration)defined the This and international boundarybetweenthe British Cameroons FrenchCameroun. of territorialdelimitationwasconfirmedby the League Nationsin 1922whenthe two territories were separatelyplaced under the Mandates System. The territorial

alignmentwas further confirmedby the Anglo-FrenchTreaty of 9 January1931, of of signed the Govemor-General Nigeriaandthe Governor FrenchCameroun. by was 11. The Southern Cameroons thusunderBritish rule from 1858to 1887,andthen left Thatlong Britishconnection a from 1915to 1961, totalperiodof nearly80 years. to an indelible mark on the territory, bequeathing it an Anglo-Saxonheritage.The political, legal,administrative, is territory'sofficial language English.Its educational, govemance institutional are and cultureandvaluesystems all English-derived. Internationaltutelage was under intemationaltutelagewith the statusof a 12. The SouthemCameroons 'B' territory,first asa British-Mandated of Tenitory of the League Nationsfrom class United Nations Trust Territory from 1922-1945, then as a British-administered and 1946 1961. to and Poweraccepted of the 13. UnderArticle 22 of the Treaties Versailles Mandatory undertook to apply "the principle that the well-being and developmentof [the form a sacred trust of civilization."At the end inhabitants the territoriesconcerned] of of World War II the international mandatessystem was transmutedto the underchapters andXIII of the UN Charter. XII intemational trusteeship system 14. By Article 73 of that Charterthe AdministeringPower"recognizethe principle havenot yet attained that the interests the inhabitants [tenitorieswhosepeoples of of are paramount,and accept as a sacredtrust the a measureof self-govemment] peaceand obligationto promoteto the utmost, within the systemof international of by securityestablished the presentCharter,the wellbeingof the inhabitants those trusteeship system,as tenitories." One of the basic objectivesof the international social,and in is stated Article 76 b of the Charter, "to promotethe political,economic, of educationaladvancement the inhabitants of the trust territories, and their as progressivedevelopmenttowards self-government independence may be or particularcircumstances eachterritory and its peoplesand the of to appropriate the and as may be providedby the freely expressed wishesof the peoplesconcerned, agreement." termsof eachtrusteeship 15. Up to 1960,the SouthernCameroons though under intemationaltutelagewas by colonialterritory of Nigeria.But its administered Britain aspart of her contiguous UN from Nigeria, remainedunassailable. distinct identity and personality,separate Resolution 224 (IX) of 18 November 1948 protectedthe Trust Territory from annexationby any colonial-mindedneighbour. While acknowledgingthat the union', the Resolution Trusteeship Agreementmakesallowancefor 'administrative providesthat "Such a union must remain strictly administrative its nattne and in which will mustnot havethe effectof creating conditions any scope, its operation and obstructthe separate development the Trust Territory, in the fields of political, of economic, socialandeducational advancement, a distinctentity." as

Self-Government 16. In 1954the Southern Cameroons became self-governing region within Nigeria a and gradually asserted distinct identity and its aspirationto statehood its through political andinstitutionalautonomy. increased 17.In 1958the British Government statedat the UN that the Southern Cameroons was expected achievein 1960the objectivesset forth in Article 76b of the UN to had Charter.Sincethe So'uthern Cameroons alreadyattainedself-govemment status four yearsearlier in1954, the objectiveto be attainedin 1960could only havebeen full independence. GeneralAssemblyResolution1282 (X^lll) of 5 December1958 took note of the British statement. peopleof the Southern The Cameroons therefore legitimatelyexpected be granted independence 1960giventhat their country to full in hadbeenself-governing since1954. 18. Basic self-government institutionswere in place: a Government headedby the Premieras Leaderof Government business; bicameralparliamentconsistingof a a Houseof Assemblyand a Houseof Chiefs; an Official Oppositionin parliament;a Judiciaryheaded a Chief Justice; Civil Service; a police force.The system by a in and place was a democratic and accountable dispensation; a Westminster-type parliamentary democracy. 1959whenthe term of office of the incumbent In Premier came to an end peacefulfree, fair and transparent electionswere organized.The oppositionwon and therewas an orderlytransferof powerto the in-comingPremier. Consistentlywith the parliamentary systemof governmentthe out-going Premier parliament. became Leaderof the Opposition in 19. On I October 1960 the SouthemCameroons was separated from Nigeria. The SouthernCameroons ConstitutionOrder in Council came into force. By 1960 the had Southern Cameroons attaineda full measure self-government. of Indeed,from I October1960up to 30 September 1961it was a full self-governing territoryfully responsible all its internal affairs, exceptfor defenseover which matter,along for jurisdiction. with foreignaffairs,Britain continued exercise to 20. Quite apartfrom the fact that the territory had international personality virtue by of its statusas an intemational trust territory,the SouthemCameroons a statein was the process being born and was known by the sovereign of nameof Government of the SouthernCameroons. sovereignty Its was in abeyance waiting to emergeat the momentof its expected independence. French Camerounachieves independence Republiquedu Cameroun as 21. On 1 January1960,the contiguous tenitory of FrenchCameroun, also a classB trust territory,achieved independence from France, chronicon-goinganarchy the and terrorismtherenotwithstanding. Frenchhad decided The that 1960wasto be the year of independence' its African colonies. for 22.FrcnchCameroun achieved independence underthe nameandstyleof Republique du Camerounwith Mr. Ahmadou Ahidjo as its President.It was admitted to membership the UnitedNationson20 September of 1960.

23. The name 'Republiquedu Cameroun'is variously translatedinto English as 'Republic of Cameroun' or 'Republic of Cameroon' or sometimessimply as 'Cameroon'.However; prudenceand clarity dictate that one sticks to the official rulme in the language which it is expressed. in Accordingly, for the avoidance of confusion,that country(the Respondent Statein this matter)shall,throughout these 'Republiquedu Cameroun' proceedings referredto by its official denomination be except wherethe contextdictates otherwise. Plebiscite recommended UN by 24. On 13 March 1959 the GeneralAssemblyadoptedResolution1350 (XIID recofilmending plebiscitein the SouthemCameroons a insteadof the granting of independence away.This wasfollowedby another right Assembly resolution, General 1352 (XIV) of 16 October1959,orderinga plebiscite be held in the Southern to Cameroons laterthanMarch 1961" The peopleof the Southern "not . Cameroons were 'achieving independence'by the two dead-end to pronounce themselveson alternatives Joining' Nigeriaor Republique Cameroun. of du tWe are not annexationistsn 25. In 1959someperceptive minds in the Trusteeship Councilexpressed concems that after attainingindependence 1 January1960Republique Cameroun on du could try to annexthe Southern Cameroons. Premierof FrenchCameroun, Ahidjo, The Mr. denied any such intention or the possibility of any such action on the part of independent Republique Cameroun. the 849thmeetingof the FourthCommittee du At of the [IN, Mr. Ahidjo took the floor and gave the UN the solemnassurance that Republique du Cameroun is not annexationist.He declared: "'We are not annexationists. If our brothersof the British zonewish to unite with independent ... Cameroun, are ready to discussthe matter with them, but we will do so on a we footingof equality." 26. In June 1960 he told the 'Agence PresseCamerounaise': have said and "I repeated, the nameof the Govemment Republique Cameroun], in du that we do [of not haveany annexationist design." 27.ln July the sameyearhe againreassured international the communitythroughthe 'oFor us, there can be no question of annexationof the Southern same press: Cameroons. haveenvisaged flexible form of union,a federalform." We a 28. Later eventswere to showthat he took the UN. the intemational communitvand the Southern Cameroons a ride. for process in motion Plebiscite set 29. On 31 March 1960the Trusteeship Counciladopted Resolution 2013 (XXVD requesting UK Government take appropriate the "to steps,in consultation with the authorities concerned, ensurethat the peopleof the Territory are fully informed, to beforethe plebiscite, the constitutional of arangements would haveto be made, that at the appropriatetime, for the implementationof the decisionstaken at the plebiscite."

with a duty to ascertain from both 30. Resolution 2013 saddled UK Government the Nigeria and Republique du Camerounthe terms and conditions under which the SouthernCameroons might be expected Join' either of them. After making the to ascertainment Britain was duty bound to inform the people of the Southern Cameroons, well beforethe plebiscite,of the conditionsof Joining' offeredby each of the two concerned States. 31. Given the artful dilatoriness the UK Government this issuethe Southern of on roundsof Cameroons entered into directtalks with Republique Cameroun. du Several talks were held betweenAugust and December1960. Thesetalks resultedin an Agreement(expressed the form of Joint Declarations in and Joint Communiqu6s) political leaders of signedby Mr. JN Foncha Mr. AhmadouAhidjo, the respective and the two countries, published. and 32.ln the meantime also,in early October1960,the British Secretary Statefor the of Coloniesheld talks in London with a delegation SouthernCameroons of Ministers and membersof the Opposition.The aims of the talks included elucidatingthe meaning of the phrase 'to achieve independence joining Republique du by Cameroun'. 33. The Secretary Stateput forwardthe following interpretation consistent of as with plebiscite alternative of Joining' Republiquedu Cameroun:"the Southem the Cameroons the Cameroun and Republicwould unite in a FederalUnited Cameroon Republic.The arrangements the union] would be workedout after the plebiscite [for by a conference consistingof representative delegations equal statusfrom the of Republicand the Southern The UnitedNationsand the United Kingdom Cameroons. would alsobe associated this conference." with 34. Both the SouthernCameroons and Republiquedu Camerounagreedto this interpretation. Pre-Plebiscite Agreement 35. The signed and publishedAgreementbetweenthe SouthernCameroons and providedthat in the event of the plebiscitevote going in Republique Cameroun du favour of "achieving independence joining" Republique du Cameroun,the by following would be the broadtermsof the Joining': The SouthernCameroons and Republiquedu Camerounwould unite to createa Federal State be calledthe 'Federal to UnitedCameroon Republic',outsidethe British Commonwealth the FrenchCommunity; and The component states the Federation of would be the Southern Cameroons and Republique Cameroun, legallyequalin status; du Each federatedstate would continue to conduct its affairs consistentlywith its colonially inherited state-culture, with only a limited number of subject matters conceded the Union govemment; to

nationality; Cameroon states would enjoyFederal Nationalsof the federated and of consisting a FederalSenate Parliament would havea bicameral The Federation in and NationalAssembly; federallawswill only be enacted sucha way that a Federal contraryto the interestsof one statewill be imposedupon it by the no measures majority. as also TheAgreement stipulated follows: Constitutionalarangementswould be worked out after the plebiscite by a post from the delegations equalstatus of representative plebiscite comprising conference with the United in du and Cameroons Republique Cameroun, association Southern and KingdomGovemment the UnitedNations; would have as its goal the fixing of time limits and conference The post-plebiscite the representing powersto an organization conditionsfor the transferof sovereignty futurefederation; would put the would-be with the affairs of the united Cameroon Those entrusted and Republiquedu federal constitutionto the people of the SouthernCameroons were to pronouncethem on it; and until constitutionalarrangements Cameroun underthe to workedout, the UnitedKingdomwould continue fulfill her responsibility Cameroons. the regarding Southem Agreement Trusteeship 36. On December24, 1960,Republiquedu Camerounsent a Note Verbaleto the its and its to reiterating commitment this Agreement reconfirming British Govemment Cameroons the basisof a Federation". "on desirefor unionwith the Southern du and Cameroons Republique Cameroun the between Southern 37. The Agreement therein The representations was madeavailableto the UN and the UK Government. 'The Two Alternatives',a booklet preparedby the in containedwere reproduced United Kingdom Government,published and widely circulated in the Southem 2013 with a view to informing the Southern of in Cameroons pursuance Resolution offeredin implicationsof the altematives of electorate the constitutional Cameroons 'was the interpretation the of in'The TwoAlternatives Also reproduced theplebiscite. 'altemative' of Republiquedu Camerounput forward by the British Joining' Secretaryof State for the Colonies and concurredwith by both the Southern The du and Government Republique Cameroun. bookletwas widely used Cameroons campaigns. enlightenment duringthe plebiscite was du by 38. The phrase"to achieveindependence joining Republique Cameroun" (the UN, the UK Govemment,the by thereforeclearly understood all concerned to Government) du Government, the Republique Cameroun and Cameroons Southern and would attainindependence then form, on the Cameroons meanthat the Southern under an footing of legal equality, a federalunion with Republiquedu Cameroun federalconstitution. agreed took place in the limited plebiscite 39. On 1l February1961 the UN-supervised the plebiscite political status enable people to on The Southem Cameroons. votewasa to progress from full measure self-govemment national of Cameroons of the Southern 'by in favour of achieving independence joining' The vote went independence, ratherthanNigeria. Republique Cameroun du

UN Resolution 1608 40. Two months after the plebiscite vote, on 21 April 1961,the UN General Assembly adopted Resolution 1608 (XV) to give effect to the intention expressedby the people of the Southern Cameroons at the plebiscite. Republique du Cameroun, through its Foreign Affairs Minister, Mr. Charles Okala, made a vain vociferous and pathetic protest against the taking of a vote on the independenceof the Southem Cameroons and then voted againstResolution 1608. It speaksvolumes that the overwhelming UN vote on the independenceof the Southern Cameroons did not go down well with Republique du Cameroun. 41. In Resolution1608(XV) the GeneralAssembly: ! Endorsedthe results of the plebiscite that"the people of the Southern Cameroons... by decidedto achieve independence joining the independentRepublic of Cameroun"; that "the decision made by them through a democratic processunder the ! Considered supervisionof the United Nations should be immediately implemented"; ! Decided that "the TrusteeshipAgreement of 13 December 1946 concerning the Cameroons under United Kingdom administration ... be terminated, in accordance with Article 76b of the Charter of the United Nations ... with respectto the Southern Cameroons, 1 October 1961,upon itsjoining the Republic of Cameroun";and on ! Invited "the Administering Authority, the Government of the Southern Cameroons and the Republic of Cameroun to initiate urgent discussionswith a view to finalizing before I October I96I the arrangementsby which the agreed and declaredpolicies of theparties concernedwill be implemented." 42. "The agreed and declared policies of the parties concemed" referred to in the Resolution were the contents of the signed and published pre-plebiscite Agreement between the Southern Cameroons and Republique du Cameroun reproduced in the plebiscite enlightenmentcampaignbooklet entitled 'The Two Alternatives'. 43. The said 'agreed and declaredpolicies' were not and have never been finalized.

Foumban and the de facto federation 44. From the lTth to the 2lst of July 1961 the Southern Cameroonsand Republique du Cameroun held talks in the town of Foumban in Republique du Cameroun with a view to fleshing up the outline of the federal constitution (agreed upon before the plebiscite) and to frnalize the same. 45. The talks ended inconclusively as a result of the duplicitous conduct and manifest bad faith of Republique du Cameroun, aided and abetted in this by the French who would later claim that the Southem Cameroons was "un petit cadeaux de la reine d'Angleterre" ("a little gift from the English Queen"). 46. The press in Republique du Cameroun has recently revealed that at Foumban Republique du Cameroun, acting in pursuance of a premeditated plan, fraudulently and comrptly deflected the Southern Cameroonsdelegation from the serious business at hand and thereby scuttled the Foumban talks.

47. Even the agreement to resume talks at a latter date on the would-be federal constitution was ignored by Republique du Cameroun despite repeatedreminders by the SouthernCameroons. 48. Without the process of negotiating the terms of the agreed federal union having been completed, without any federal constituent assembly having met, without any draft federal constitution having been established, Republique du Cameroun unilaterally drafted a document which that country's Assembly, meeting without any SouthernCameroonsparticipation,enactedinto 'law' on I September1961 as 'the Constitution of the Federal Republic of Cameroon' to enter into force on I October t961. 49. The component states of the federation were identified as Republique du Cameroun (to be called East Cameroun) and the Southern Cameroons (to be called West Cameroon). Strangely, the long title of the 'constitution' characteized the document as a revision of the 1960 Constitution of Republique du Cameroun necessitated the need to facilitate the retum of a part of the territory of Republique by du Cameroun. The document was thus in the nature of an annexation law thinly disguised as a ofederalconstitution'. For, Republique du Cameroun could not at one and the same breadth be one of two component statesof a federation and yet absorb the other component state, the Southern Cameroons. Nor can the legislature of a future componentof a yet-to-be federation validly act as the legislature of that merely contemplatedfederation. 50. In September1961 the Trusteeshipregarding the SouthernCameroonshad not yet been terminated and Republique du Cameroun has always been a foreign State in regard to the Southern Cameroons. Republique du Cameroun had no jurisdiction whatsoever over the Southern Cameroons and could thus not validly exercise constituent powers over the tenitory. Neither the legislature nor the executive of Republique du Camerouncould validly legislate for the contemplatedfederation. 51. Republique du Cameroun's unilateral 'federal constitution' was never submitted for endorsementto and was never endorsed by the people or the parliament or the Governmentof the Southem Cameroons. The Ebubu and Santa slaughters 52. ln the same month of September 1961 a platoon of Republique du Cameroon soldiers crossed the border into the Southem Cameroons at Ebubu village near Tombel and massacred thirteen CDC workers in cold blood. No explanation or apology was offered by Republique du Camerounto the Government of the Southern Cameroons.Further north, in the village of Santanear Bamenda,marauding soldiers from Republique du Cameroun crossed the Southern Cameroons border into the village of Santa near Bamenda, killed a number of people and destroyed property. They were eventually flushed out by a company of British soldiers. But once again Republique du Cameroun offered neither explanation nor apology for yet another armed violation of the territorial integrity of the Southem cameroons.

parliament was Cameroons MP 53. In l962Mr. ZachariahAbendong in the Southern In du in brutally murdered the vicinity of Kekem in Republique Cameroun. the same gendarmemurderedin cold blood two SouthemCameroons year a Camerounese youthsarbitrarilydetained the verygendarmes town of inthe Southern Cameroons by of Bota. Therewas neverany inquiry into the circumstances thesemurdersand the killings wereneverbroughtto book. soldiers who carriedout thoseextra-judicial of Onsetof the armed occupation the SouthernCameroons declaring that the 1961the British Queenissueda proclamation 54. On 25 September British Government"shall as from the first day of October 1961 ceaseto be responsiblefor the administration of the Southern Cameroons."The British from the territory, culminatingin Govemment then beganto withdraw its personnel 30th 1961.The territory was left defenseless the departure its troopson September of movedin its military du as it had no military force of its own. Republique Cameroun Cameroons. Those of of forceswithout the concurrence the Government the Southern sincethen, a situation in forcesoccupied territory and haveremained occupation the from belligerent occupation. indistinguishable and their handsoff the 55. On 1 October1961the British Government the UN washed leaving the political statusof the territory and the fate of its SouthernCameroons, peoplein limbo. The British Govemment that "the Southern Cameroons and declared its inhabitants were expendable."(Declassified Secret Files on the Southern whenit P.R.O.,London)The auitudeof the LIN is all the moresurprising Cameroons, is recalledthat the World Body had drafted constitutionsfor the Ethiopia/Eritrea Republicof Congo. federation alsofor what is now the Democratic and 56. On that same day a de facto CameroonFederationcame into existence. Sovereignty over the Southem Cameroons that had supposedly achieved of independence that day was neverhandedover to the Government the Southern on (which would thenhavehanded to a legitimatefederalgovernment) it but Cameroons apparentlyto Mr. Ahidjo, Presidentof Republiquedu Cameroun,and the selfdeclared headof a yet-to-be-formed federalgovernment. provisionsof de facto federalconstitution Revealing 57. The 'Federal Constitution' unilaterally drafted and enactedby Republiquedu Camerouncontainedsome revealingprovisions.The Presidentof Republiquedu gavehimself absolute powersunderArticle 50 to rule by decree duringthe Cameroun first six monthsof the federation. Article 54 madeprovision for the compositionof federalparliamentarians proportionto the numberof inhabitants eachFederated in of put The Statein the ratio of oneparliamentarian 80,000inhabitants. constitution the to population of the SouthernCameroons 800, 000 and that of Republiquedu at for Camerounat 3, 200, 000, thus yielding 10 parliamentarians the Southern Cameroons 40 for Republique Cameroun, the Federal and du in National Assembly. 'representation'was designedto ensure that the Southern This inconsequential Cameroons influenced neitherlegislation policy in the federation nor 58. Article 56 enacted that "on I October1961the Government the Republicof of SouthernCameroon... and the Governmentof the Republic of Camerounshall

become the Governmentsof the two FederatedStatesrespectively." Article 59 stated that the Frenchtext of the constitution was the authoritative version. 59. These telling provisions were later expunged from the constitution but without in fact changing the factual situation createdby them. 60. Conspicuously absent from the document were certain key matters the Southern Cameroonshad insisted on during pre- and post-plebiscite talks with Republique du Cameroun: robust state autonomy, a constitutional Bill of Rights, a Federal Senate and judicial independence. 61. However, there was no provision in the document to the effect that the Southern Cameroonsand Republique du Cameroun shall be united in one sovereign Republic; no provision to the effect that the federation was 'one and indivisible'; and no claim that the document representedconsensusad idem of the Southern Cameroons and Republique du Cameroun.The political authorities of Republique du Camerounwere and remained in the driver's seatof the defacto federation. Aware that the federation lacked a legally valid founding document and that it had a mere de facto existence, those authorities never applied for UN membership of the federation and so the federation was never a member of the UN. Onset of reign of terror in the Southern Cameroons 62. In his unilateral Federal Constitution the President of Republique du Cameroun declared himself President of the Federation.In early October 1961 he issued a proclamation placing the Southern Cameroons under a state of emergency for six months renewablead inJinitum, a situation that has more or less remained unchanged to this day. 63. He also issued a decreeextending to the Southern Cameroonsthe pass system in force in Republique du Cameroun.The systemrequired any person intending to travel from one district to another or from one town to another to obtain a laissez-passer from the military or police authorities and to exhibit the sameto those authorities on demandat any checkpoint, under pain of arrest and imprisonment. 64. Another decree also extended the'carte d'identite'system to the Southern Cameroons.The systemrequires all personsaged eighteenand above to carry on their personat all times a documentcalled 'carte d'identite nationale'and to produceit at any time and place on demand by the police or military authorities, under pain of arrest and imprisonment. The card contains details about the holder: his names, the namesof his father and mother, his date and place of birth, his profession,his place of abode,his thumb print, his signature,and body identification marks. 65. Other decreesfollowed notably the 1962 Subversion Ordinance,the 1966 law on press censorship,and the 1967 law proscribing meetings and associations.This latter law effectively outlawed civil society organizations and the formation of political parties. These laws seriously eroded the civil and political rights the people of the Southern Cameroons were accustomed to enjoying during the period of British colonial rule.

secretpolice in Republiquedu 66. The activities of the sinister Gestapo-modeled nameddocumentation research and centre(first known by the Cameroun, deceptively acronym DIRDOC then later SEDOC and finally CND), were extendedto the togetherwith infamoustorture units called 'Brigade Mobile SouthernCameroons personswho dared to Mixtes' (BMM). These structurestortured or disappeared victims of these opposethe political statusquo. Among the SouthernCameroonian structuresis Mr. Mukong who miraculouslysurvived twelve years of gruesome A detention tortureandwasable,in his bookPrisoner Without Crime,to recordin and graphicdetailfor posteritythe frighteningmodusoperandiof these outfits. 67. As early as December 196l another ordinance extendedto the Southem military tribunalsexisting in Republique Cameroons systemof civilian-targeted the much to the consternation the peopleof the tenitory. A permanent of du Cameroun, Cameroons. Like thosein military tribunalwas setup in Buea,capitalof the Southern and two army of Republiquedu Camerounit was composed a civilian magistrate It officers,citizensof Republique Cameroun. hadjurisdictionto try civiliansfor an du ordinance and other decrees, such array of ill-defined offencesunderthe subversion of as subversive activities,offencesagainststate security,possession fire-armsor ridiculing public authority, inciting hatred ammunition,contemptof the President, againstthe Govemment, dissemination false news, and any offenceof whatever of (a or circumstances naturein an areasubject a stateof emergency otherexceptional to committed had over the Southern Cameroons) stateof emergency early beendeclared evenby civilians. tried in Buea or Yaoundd(in 68. High profile casesof SouthernCameroonians Republiquedu Cameroun) include the officer of police, InspectorNdifor; the 143 Bakossipeoplearrested Tombelin 1966;the journalistsMartin Yai, J.F Dweller, in Martin Che, Peter Etah Oben; and the publisher SN Tita. In a CameroonTimes publicationof February1970the journalistsexpressed generalsentiments the the of peopleof the Southern forces Cameroons whenthey observed that the Camerounese from colonial in the SouthernCameroons were by their conductindistinguishable forcesof occupation. providedandcontinues providethe 'legal' basisfor the 69. The stateof emergency to Republiquedu Cameroun subjectthe people of the Southem military forces of to Cameroons all kinds of abuse, terror and harassment. Takentogether,the active to the state of emergency,the ubiquity of the 'force armee et enforcementof gendarmerie',the indiscriminateapplicationof the subversionordinance,and the police had the effect of unleashing a activitiesof the military tribunalsand the secret veritablereign of terror in the Southem Cameroons. The'ratissage'(cordonand searchoperation) 70. A typical methodof abuse, treatment is tortureand otherinhumanand degrading (or'caler-caler', the language thoseforeignforces). method the 'ratissage' in of A of psychological warfareusedby the Frenchto enforcetheir colonial rule in Vietnam, Algeria and French Cameroun,the 'ratissage'is a cordon and searchoperation, periodically carried out by military forces encirclementand dragnet maneuvers, against population. the

71. This subjugation and terrorization strategy is meant to impress on the people of the Southern Cameroonsthat they are hopeless,powerless and that any contemplated resistance Republique du Camerounoccupationwould be futile. to 72. Routinely carried out, the operation followed a fairly standardizedpattern. As early as 4 a.m. heavily armed military forces would invade a pre-selectedtown or village; moving systematically from house to house; breaking in if the occupant hesitatedto open at the first command to do so; moving from streetto street,from one locale to another; demanding each person to produce their carte d'identite, ticket d'impot, recepisse,recu, carte du parti, potente, permis de conduire, Iaissez-posser, 'pieces' (documents) carte de sejour, or other the soldiers choseto ask. 73. People are forced out of their homes at gunpoint, herded like cattle into an open space,tortured and humiliated. Forms of dehumanization include being forced to sit on wet grass or ground, on mud, on dust, or on dirty water ponds on the roadside,as well as being forced to kneel on sand, gravel, stonesor other road surface facing and looking at the sun. The haplesspeople are ordered to put their hands on their heads like captured prisoners of war and forced to sing insulting and obscenesongs about their spousesand parents,or derogatory songsabout God, and to danceor run around, sometimes naked, to amuse the soldiers. Anyone who failed to comply with any of thesecommandsreceived the butt of the gun, kicks in the groin, or slapsin the face. As if all this was not enough it was not uncommon for the soldiers involved in this operation to rape women, steal property, and unlawfully detain people in the 'for 'commissariatde police' or 'brigade de la gendarmerie days and weeks on end without charge. The confessionof a colonialist 74. Addressing his political party in July 1962, Mr. Ahidjo (self-declared federal President) confessed that Republique du Cameroun had in effect annexed the Southern Cameroons using the ploy of a pretended federation. He said: ooThe reunification of the Southern Cameroons and Republique du Cameroun did not necessitate fundamental changeof the constitution of Republique du Cameroun,but a only a minor amendmentto allow for part of the tenitory to rejoin the motherland. ... It was Republique du Camerounwhich had to transform itself into a federation,taking into account the return to it of a part of its tercitory, a part possessingcertain special characteristics." 75. There could be no clearer admission of annexationor colonization of the Southern Cameroons by Republique du Cameroun. For, the claim that the territory of the Southem Cameroonswas/is a part of the territory of Republique du Cameroun is an egregiousfalsehoodlegally, historically, culturally and politically. Domination of the people of the Southern Cameroons 76. The de facto CameroonFederationlasted a mere ten years. During those years the people of Republique du Cameroun systematically increasedtheir domination of the people of SouthernCameroons.This domination manifesteditself in severalways: ! The Federal Govemment was essentiallya Republique du Camerounmonopoly.

The SouthemCameroons had only a small and token presencein all the three judicial and thereforecould not take branches government, of executive, legislative, or influenceanypolicy decision; ! The military and police havealwaysbeenentirely Frenchin training and language andhavealwaysbeena Republique Cameroun institution; du ! Mr. Ahidjo, President Republique Cameroun of du federal and the self-appointed President carvedthe federationinto six administrative regions,each headedby an 'Inspecteur du along the federal d'administration' nativeof Republique Cameroun, 'constitutionally'established constituent two federated states, eachheaded a Prime by Minister. The Southern Cameroons was decreed an administrative region. Taxonomically this meantit was concurrently federated a state(self-governing) and an administrative region (under Republique du Cameroun tutelage, for the 'Inspecteurwas alwaysa citizen of Republique Cameroun ' du appointed Ahidjo by anddirectlyanswerable him; andhis office wasdeemed be superordinate that to to to of the Prime Minister of the Southern Cameroons).Ahidjo thus created an administrative systemthat basicallyignoredthe underlyingprinciple of federalism. He did this to keepup the fiction that the Southern Cameroons indeedpart of the was territoryof Republique Cameroun; du ! Ahidjo gnawedinto such powers as the SouthemCameroons had and basically powers,thus making it dependent federalsubsidies deprivedit of revenue-raising on grudgingly and erratically allocated. The Southern CameroonsPrime Minister deploredthis systemof ad ftoc subsidiesand wonderedaloud how a state could developby itself according its prioritiesif it cannotknow how muchrevenue has to it its disposal. at ! Ahidjo arrogated himselfthe powerto appointanddismissthe PrimeMinisterand to Ministersof the Government the Southern of Cameroons notwithstanding fact that the the stateoperated parliamentary a system govemment. of ! The Southem Cameroons ordered switchover from left to right handdriving. was to The unit of moneyin the Southern Cameroons all alongbeenthe pound.In 1962 had it was abolished. The franc CFA in usein Republique Cameroun du was over-valued in relationto the poundandthenextended the Southern to Cameroons with disastrous consequences the SouthemCameroons for Govemment and for individualswho had savings. ! In 1966Ahidjo, a consunmatemanipulator, deceitfullymanoeuvered political the parties in the SouthernCameroons and decreeda one-partystate,thereby ending multiparty politics in the SouthernCameroons. The stranglehold Republiquedu of Cameroun overthe Southern Cameroons now virtually complete. was ! Republiquedu Camerounalso set about destroyingthe economicbase of the Southern Cameroons. Bananas, exported Britain underCommonwealth preference to tariffs, were a major sourceof incomefor the SouthemCameroons Government. By bringingthe SouthemCameroons economywithin the customs zurangement what of is in effect still French EquatorialAfrica the preferentialtariffs were ended.The Frenchpreferredto buy bananas from French-owned companies Republiquedu in

"i

Cameroun.The Southem Cameroonscould not therefore sell its bananasand suffered a heavy loss of revenue. The Southern Cameroons' main agro-industry, the CameroonsDevelopment Corporation (CDC), and private bananafarmers abandoned bananafarming. ! Southem Cameroons' seaports, Victoria and Tiko were teeming with activities. Victoria was a vibrant commercial city with thriving firms such as John Holt Ltd, Cadbury and Fry, Unilever, UCTC, CCC, and Britind Company Ltd. Kumba district producesabundantfoodstuff of various variety, timber, cocoa and coffee. In order to induce a dependencysyndromein the Southem Cameroons, Republique du Camerounconstructedfrom Douala, its main and dredging port, a road linking it to Victoria and a nalrow gaugerail line linking the samecity to Kumba. The Victoria and Tiko seaports were then decreed closed. The commercial companies were then forced to relocate to Douala. People now had to travel 80 km all the way to Douala for shopping. Cash crop and food produce harvested from Kumba were henceforth being taken to Douala. A vivid account of the economic strangulation and ruination of the Southern Cameroons is given in J. Banjamin, Les Camerounais Occidentatn. 77.The de facto federation was thus not conceived to operateand did not operatein a manner fully consistentwith the aspirationsof the people of the SouthernCameroons. Republique du Cameroun frustrated the freely expressedwishes of the people of the Southern Cameroons to independence.It set in motion the process of forcing the people of the SouthernCameroonsinto Republique du Camerounmould in a hopeless homogenizing quest designedto result in the complete extinguishment of the separate and distinct identity of the people of the Southem Cameroons. Early protests to no avail 78. Resistanceby the political elite of the Southern Cameroonsto absolutism and "la francisation imposer" ('imposed Gallic assimilation') was met with high-handed treatment. For standing up to Republique du Cameroun's expansionistagendaPrime Minister AN Jua was labeled'un autonomisteavant tout' ('a die-hard autonomist') and dismissed by Ahidjo. Jua would later die in circumstances, which remain suspicious. When Foncha reminded Ahidjo that there was no valid union accord or treaty betweenthe Southem Cameroonsand Republique du Camerounand that it was high time such an accord is concluded between the two parties, he was shabbily treatedand dismissedfrom his decorativeoffice of Vice President. 79. Dr Fonlon called for an equal quota of cabinet ministers in the Federal Govemment. He called for the establishment of a Federal Senate with equal representationfor the Southem Cameroonsand Republique du Cameroun. He called for meaningful representationfor the SouthernCameroonsin the FederalAssembly so as to put the Southem Cameroonsin a position to influence policies and law making. He called for Southern Cameroonsautonomy to enable it to effectively govern itself. He called for an end to the treatment of the Southern Cameroonsas a dependencyof Republique du Cameroun.Fonlon was summarily dismissed from his ministerial job. Nzo Ekhah-Nghaky was also labeled an 'autonomiste' and was also sackedfrom his ministerialjob.

80. From the federalperiod to this day nationalsof the SouthernCameroons are appointed, at all, asa matterof grace,andthento subordinate if positionsasassistants or deputiesto nationals of Republiquedu Cameroun.Moreover, key ministries ('ministeres souverainete and officesare,as a matterof policy, out of boundsto de ) nationals of the Southem Cameroons. These include the republicanpresidency, generalat the presidency, commander the armed forces, directorsecretary the of generalof the oil industry, the ministry of finance, the ministry of defense,the ministry of the interior,the ministry of foreign affairs,the ministry of education, the ministry of information and culture, the ministry of economic and indushial development, ambassadorship Nigeria, France,Britain, United Statesand the and to UnitedNations. powersconferredon Camerounese Unchecked pro-consuls 81. Instead of looseningthe strangleholdof Republiquedu Camerounover the Southern Cameroons, Ahidjo moved to further strengthen 'l'administration territoriale' by giving increased powers to the 'Inspecteurs feverous d'administration'(later renamed'gouverneurs) to the 'prefets' the Napoleonand in style prefect systemhe had imposedin the SouthemCameroons. They were given absolute unchecked powerswithin their administrative and areas, includingthe power to torture,to detainindefinitely,to confiscate property,to control the movementof persons and goods,to censorthe press,and to disperse any assembly, prohibit any 'gouverneur' and 'prefef continue meeting,and disbandatty association. The to exercise thesearbitrarypowersto this day,unchecked law or morality. by 82. In 1966Ahidjo resolvedto Balkanizethe SouthemCameroons to fuse the and areas thus cut up into contiguous regionsin Republique Cameroun. du The objective was to procurethe completeextinguishment the SouthemCameroons of both as a political and as a unitary territorial unit. Somehow Southern journalist, a Cameroons Mr. Emmanuel Epie, got wind of the plan and publishedthe story in the 'Cameroon Mirror'. The PrimeMinister andpeopleof the Southem Cameroons werefurious.The Govemment the SouthemCameroons of issueda pressstatement statingthat sucha move would be completelyunacceptable. Ahidjo quickly deniedany plansto absorb the Southern Cameroons Republique Cameroun. into du The Tombelpogrom 83. In Republique Cameroun, insurgency du group (variouslyreferredto as '/es an 'les terroristes'or'lo rebellion) maquisards', operating sincethe 1950shad been fighting the French colonial authoritiesand later the Ahidjo govemment,in that country.In December1966,shortlybeforeChristmas, somemembers the terrorist of group,nativesof the Bamileketribe, crossed borderinto the Southern the Cameroons andkilled four Bakossi villagersin Tombelfor no apparent reason. The Bakossiventedtheir angeron residentBamileketribesmen. (Thesewere among thousands refugeesfleeing relentlessrepressionin their native Republiquedu of Cameroun, and who had soughtasylum in the safetyof the SouthernCameroons and weregivensanctuary Bamenda, in Kumba,Tiko, TombelandVictoria asmigrants.) 84. The Bakossiretaliationresultedin two or three casualties the destruction and of some property.A civilized government would have called for calm, given police

protection to the two communities, establisheda commission of inquiry, and arrested and prosecutedthe culprits. The Yaound6 regime choseto act otherwise. 85. Ahidjo ordered in his troops and a barbaric act of collective revenge was exacted against the Bakossi people. West Africa Magazine of May 1967 records that 236 Bakossi men, women and children were massacred and Tombel town destroyed. Another 143 Bakossi people were abducted and transported to Yaound6 under inhuman conditions. They were tried by the Yaound6 military tribunal in a language and under a law they did not comprehend. The charge was subversion. Of the 143 people 17 were sentencedto death and executed by firing squad; 75 were given life sentencesin various gendarmerie-rundetention camps (in effect to slow death given the cruel conditions of detainees in those camps); two were sentenced to years imprisonment each;4 were given a two years' jail term each; I person died during the trial; and 36 personswere discharged. 86. In all about 330 Bakossi people perished at the hands of the Yaound6 authorities. Every Bakossi family either lost a family member or was affected as a result of the pogrom. The preten ded 1972'referendum' 87. Given all these events, between 1966 and 1971 there were persistent rumours of the collapse of the de facto Cameroon federation. The 1971 security report from the Southern Cameroons to Ahidjo informed him of the general openly expressed resentmentin the Southem Cameroonsthat the state was being treated as a colony of Republique du Cameroun and that the Southem Cameroons would be justified in proclaiming its separateindependence. The security report also informed Ahidjo that leading Southern Cameroons politicians held a four-day meeting in Kumba during which they decided to form an opposition Christian Democratic Party with the blessing of the Catholic Church. 88. In early 1972 Ahidjo poured in more troops in the Southem Cameroonsto obviate the danger of a generalizedrevolt. The troops were ordered to systematicallyterrorize the population as a form of psychological warfare. All movements of key Southern Cameroonspoliticians were closely monitored round the clock. 89. Ahidjo then conspired with Paul Biya (incumbent President of Republique du Cameroun since 1982), Charles Onana Awana, Moussa Yaya Sarkifada and Francois Sengat Kuo, all of them citizens of Republique du Cameroun to end the de facto federation and to formally annex the Southern Cameroons to Republique du Cameroun. This was yet another chapter in the game of constant duplicity and schemingby Republique du Cameroun. 90. On May 6 1972 Ahidio mounted the rostrum of the Federal National Assembly and in a periphrastic speechdeclaredto a nonplussedaudience:o'J'ai decide de mettre fin a la Federation." ('I have decided to end the federation'). Then, incongruously, he said he would 'consult' the 'people' by referendum two weeks later, on May 20th. It was the people of the Southern Cameroonsalone who had voted at the plebiscite. It was they who were going to lose their self-government. One would therefore have thought that Ahidjo would confine his 'referendum' to the people of the Southern Cameroons to indicate whether they wished a detrimental change in their political

But Ahidjo choseto makehis 'referendum'a generalaffair. The ploy was an status. insurance coverto makesurethat evenif the peopleof the Southern Cameroons were to vote 'no' that vote was going to be overwhelmed the crudemajoritarian'yes' by vote of the peopleof Republique Cameroun du who had all alongnursed ambition the to absorb peopleof the Southern the Cameroons. 91. In any event,throughout despotic his rule Ahidjo's word wasthe law and so even as he spokeon that day no one had any illusions about the result of the so-called referendum. view of the fact that the result of the so-calledreferendum In was a foregone conclusion that the formal annexation the Southern and would of Cameroons in fact alreadyhave been accomplished the time of the 'referendum',the said by 'referendum' could have been no more than a gimmick for the benefit of the intemational community. 92. Ahidjo's speech effect amounted a decreesackingthe Government the in to of Southern Cameroons the overthrowof the federalgovernment. and MinistersandMPs simply packed their personalbelongingsand scampered away in fright. Neither parliamentin the SouthernCameroons nor the federal assemblydared to resume sitting in orderto debate Ahidjo's speech to dispose any pendingbusiness to or of or formally dissolve.Ahidjo would later boastthat he had carriedout 'une revolution'. Sincethe de facto federation was declared endedit was doubtfulwhat entity Ahidjo wasPresident of. 93. Ahidjo and his confederates secretlydrafted a constitutionand had it secretly typed by Ahidjo's tribesman,Ousmane Mey. The French law Professor, Maurice Duverger, was then fetched from Paris to review the document.The political leadership the Southern of Cameroons not eveninformedof what was going on. was Therewasnot eventhe pretence a public debate that document. of on Before'voting' day on May 20th the generalityof the peoplehad not evenseenlessstill studiedthe questionaskedpeople contentsof that document.Yet the long-windy referendum whether they approvedof his unitary constitution instituting what he called 'la republique unie du Cameroun'. 94. In a well-choreographed exercise, including 'motions of support' usually generatedby the Camerounese presidencyand ministry of internal affairs (the ministry responsiblefor organizing 'elections' and fixing their results), Ahidjo claimeda 99.999%approvalof his coup. Takencompletelyunawares, Southern the Cameroons was unable to come up with a response, dismissingthe exerciseas a 'oui' and'yes'. charade, saying choice the wasbetween I)estructionand plunder of the SouthernCameroons 95. Ahidjo gave himself 'les pleins pouvoirs' (unlimitedpowers)for six monthsto rule as he saw fit. He formally institutedthe imperial presidentialism existsin that Republique Cameroun this day.In his 'constitution'of 2 Jwrc1972he officially du to annexed Southern the Cameroons Republique Cameroun. then embarked to du He on a process systematically of dismantling political and economicinstitutionsof the the plundering its natural resourcesand under-developing SouthernCameroons, the territory.

! The SouthernCameroonswas cut up into two provinces, which have since continued to be administered from Republique du Cameroun through a hierarchy of colonialtype district commissioners known as 'sous-prelfets', 'profits', ogovernor,i", and 'commandants des legions ' from Republique du Cameroun as dependenciesof that country. These Republique du Cameroun proconsuls, together with the military exercisethe amplest of authority over the tenitory, operating in a languageand apply an administrative systemalien to the Southem Cameroons. ! Policing in the territory is essentially carried out by the military. Military road checkpoints were instituted every six or seven kilometers. For instance, today from the border at the Mungo River to Buea, a distance of less than thirty kilometers there are six checkpoints. ! Museum pieces and archival records, including files in the Southem Cameroons Public Service Commission were either vandalized or carted to Yaound6 where thev were subsequentlyburnt. ! The schools calendar in the Southern Cameroonswas aligned to that in Republique du Cameroun. Teacher training colleges in the Southem Cameroons were closed down, primary educationunder-fundedand secondaryeducationunder constantthreat of adulteration. American educational programmes such as ASPAU and AFGRAD provided scholarshipto deserving SouthernCameroonsstudentsto enable them study in the USA. Republique du Cameroun requested the US to discontinue these programmes. Also requested to be discontinued was aid provided to Southern Cameroonscommunities through USAID and British Technical Assistance. ! The system of local govemment and community development in the Southern Cameroonswas destroyed. ! The ruthless exploitation of natural resourcesin the SouthernCameroonssuch as oil and gas, timber, rubber and palms has continued without any benefit accruing to the SouthernCameroonsor its people. ! Since the abolition of the Southem Cameroons Government there has been little developmentin the territory. Virtually all the public structuresand facilities in the Southern Cameroonswere built in the days of the Germans, British or the Southern CameroonsGovemment. There are no modern facilities and not even a single three star hotel in the territory. ! Roads constructed when the British were in charge and also at the time of the Govemment of the Southern Cameroonshave been allowed to dilapidate for lack of maintenance.A few patchesof tarred roads exist here and there, all totaling no more than 150 kilometres. These small stretchesof tarred roads have however been done to serve the economic, commercial and security interests of Republique du Cameroun. As a general rule the Southem Cameroonsis a territory where 'roads' are no more than dusty/muddy dirt tracks. It takes a robust truck a whole day to do a distanceof 60 or 100 km. In many places trekking and head load are still the order of the day. Many areas are unreachableby road or air. Oil comes from Ndian district. But it has no roads or other infrastructure.

! In fact the only access almostall the Southern to Cameroons communities alongthe borderwith Nigeria areaccessible only from Nigeria andmanyof thosecommunities haveaccess only to Nigerian educational healthfacilitates, and and usethe Nigerian curency in commercial activities. ! The SouthernCameroonsis purposefully isolated from the rest of the world physically(lack of roadsandreliabletelecommunication network)andin international relations. The SouthemCameroons cannotenter into any relationsof any kind whetherwith -state entities.It lacks locus standi before the ICJ to challengethe statesor non colonialstatus imposed it by Republique Cameroun. on du ! Overthe yearsfinancialandotherestablishments up by the Government the of set Southern Cameroonsas well as private businessesby Southern Cameroons businessmenhave all been purposefully and systematicallysnuffed out: the Development Agencywas destroyed; Cameroons the Bank (CAMBANK) wasmoved lootedand then closeddown; the MarketingBoardwas to Republique Cameroun, du looted and its financial reservesof over 78 billion cfa francs (approx. USD160 (POWERCAM) million) misappropriated with impunity; the Electricity Corporation was closeddown, its assets confiscated the hydro-electricity installations the in and tenitory demolished; Cameroons the Timber Companybasedin Muyuka was closed down and its assets confiscated;Fomenky's Direct Supplies company, Nixa Automobile company,Nangahcompany,Kilo Brotherscompany,Union Professin Kumba,and Che companywere orderedto relocatein Republique Cameroun du and then were deliberately starved of credit and squeezedout; agro-industrial establishments as SantaCoffeeEstate,ObangFarm Settlement, Wum Area such and Development Authority weremaliciouslycloseddown; alsomaliciouslycloseddown were Cameroons Air Transport (CAT), the Tiko Intemational Airport, the Besongabang Airport, the Bali Airport, the Weh Airstrip, the Victoria deepseaport, the Tiko seaport, the Ndian seaport, andthe Mamfeinlandport on the CrossRiver ! Republique Cameroun contrivedto grabSouthern du has Cameroon's only surviving (CDC), underthe thin disguise industry,the Cameroons Development Corporation of privatization.This move has in effect dashedthe legitimate expectations the of indigenousowners of the land occupied by the CDC to eventual recover their ancestral lands. ! Althoughoil and gascomefrom the Southern no Cameroons oil storage facility has productis takenfrom the refinery beenconstructed the territory.Refinedpetroleum in at Victoria by tankersto Republique Cameroun from therea little quantityis du and then broughtback to the Southern Cameroons retail saleat priceshigher than in for go Republique Cameroun. oil revenues directlyto Republique Cameroun. du All du In fact the oil business considered presidential is preserve a secret, is managed a and and like the privatepropertyof the President Republique Cameroun. and large of du By citizensof the Southem Cameroons not allowedaccess this industry,especially are to positions. access key andstrategic to intendingto investin the Southem ! Foreigninvestors Cameroons havealwaysbeen coerced investin Republique Cameroun to instead. example, oil company du For the

PECTEN and the breweries, GUINNESS and ISENBECK, wanted to set up shop in the SouthernCameroonsbut were presswized to locate in Republique du Cameroun. ! Official speeches, texts and documents are exclusively in French, with occasional translations,if at all; and often later, care being taken to mention that the French text remains the authoritative version. It is thus not possible to argue a case, make a political or other point, or claim a right or privilege on the authority of the English version of any document,be it the oconstitution'. ! The Southem Cameroons has a separateand distinct legal system (Common Law system). But it is denied a legislature or other institutional framework to make laws for the peaceorder and good government of the territory. Nor is there any framework for amending, reforming or updating the body of laws received from Britain. Republique du Camerounhas always, as in other areas,dominated and controlled the law-making process. It has therefore been applying its invidious policy of systematicallyrepealing the English-derived laws in force in the Southem Cameroons and extending its French derived laws to the territory. The Justice Ministry of Republique du Cameroun is on record (through its one time Minister Mr. Ngongang Ouandji) as saying the English legal systemis no legal systemat all. ! The most recent example of the extensionof French-derivedlaws to the Southern Cameroonsis the imposition on the SouthernCameroonsof the French-law inspired 'Organisation pour I'Harmonisation du Droit des Affaires en Afrique' (OHANDA) setting the legal framework for the conduct of businessin French-speakingAfrican States.The 'OHANDA law' was imposed on the SouthernCameroonseven though it is entirely French law derived and even though the official language of the organization is clearly stated to be French. The imposition of that piece of civil law legislation has entailed the repeal of the CompaniesAct 1948 until now in force in the SouthernCameroons. 96. It has not been possible to challenge in court this long train of illegalities because Republique du Cameroun has always been under despotic rule. Moreover, that country has never had any credible legal framework within which to seek and obtain redress.It has no credible system of judicial review. It has not properly incorporated any human rights treatiesinto its domestic law. judiciary. It has no constitutional bill of rights. It has nevsr had an independent 97. Not long after the de facto federation was ended in 1972, various Southem Cameroons groups began to emerge at home and abroad challenging what was euphemistically referred to as the 'marginalization' of the Southern Cameroons, meaning the annexationor colonization of the SouthernCameroons.Students' groups, petitions to the Yaound6 regime cultural groups and individual politicians addressed to no avail. The official restoration of the identity of oRepublique du Cameroun' and confirmation of the formal colonization of the Southern Cameroons 98. In February 1984, Mr. Paul Biya (another citizen of Republique du Cameroun who had been picked by Ahidjo and handed the Presidency in 1982) discarded Ahidjo's 'republique unie du Cameroun' contraption. He signed a law formally reverting to the denomination and identity 'Republique du Cameroun'. That

had denomination officially not beenin use since I October1961.That law by Biya alsoconfirmedthe formal colonization the Southem of The Cameroons. Constitution of Republiquedu Camerounprovides in article I that "The united republic of Cameroun shall be denominatedRepublique du Cameroun." The Southern Cameroons nowherementioned is throughout Constitution. the Englishis a language 'adopted'as beingof the samevalueas French Republique Cameroun merely du has its actualofficial language Noticeon the eventuil restorationof the independence statehood the and of SouthernCameroons from Southern 99. The response Cameroonians swift. Fon Gorji Dinka,Barristerwas at-Law, of Lincoln's Inn, publisheda pamphletcalled The New Social Order. The booklet detailedthe illegalities Republiquedu Cameroun has been guilty of since l961andpointedout that no valid constitutional other legal basisexistseitherfor or the association the two formertrust territoriesor for the assumption Republique of by du Camerounof jurisdiction over the SouthernCameroons. informed that the It shall never acceptcolonial rule, be it Black. It advisedthe SouthemCameroons Yaound6Government that if Republique Cameroun du with the desiredto associate then the two countrieshad to fully agreeon the termsof such Southern Cameroons association. arguedthat the formal revival of Republique Cameroun It du ipsojure entailed formalrevival of the Southem the Cameroons well. as 100. Banister Dinka cautioned that if Republique Cameroun du continuedto turn a deaf ear;the Southern Cameroons shall be left with no otheroption than to proclaim its separate independence underthe nameand style of 'Republic of Ambazonia'to avoid any confusionbetween former British-administered Trust Territory of the UN the SouthernCameroonswith the southem province or region of Republic du Cameroun. 101. BarristerDinka was immediatelyarrested, held in solitary confinement, then transferred the dreadedBMM, put through the motion of a trial by a military to tribunal,andthenplacedunderhousearrestfrom wherehe managed escape to abroad andstill lives in exile in Europe this day. to

Continuingrevolt 102. Throughout 1980sthe peopleof the Southern the as Cameroons, individualsor as groups, continued to revolt against what was now openly characterized as annexation Republique Cameroun. by du 103.The revolts,especially parents schoolchildrenfrom primaryto University by and level, intensified when Biya decreedthe abolition of the General Certificate of Education(GCE) examination and thus the English-based educational systemin the Southem Cameroons, substituted it the Frencheducational examsystem. and for and This was a recipe for disasterfor the future of the children of the Southem Cameroons.

104. Republique du Cameroun had already destroyed the Ombe Trade Centre, a leading technical college established in 1954, and imposed the French technical education system in the Southern Cameroons.The result of this imposition continues to be an unmitigated disaster for Southem Cameroons children opting for technical education. The technical colleges in the Southern Cameroons are now a mongrel institution. The contents of the coursesand the standardof achievementdo not meet the technical education requirements in technical colleges in France or in England. Teachersin technical schools are mainly citizens of Republique du Cameroun. They have no mastery of technical English or of the English language.Examinations are set in French and translated into incomprehensiblelanguage.Year in year out the failure rate is in the region of 90%o. 105. This is the same failure rate experienced by students from the Southern Cameroonsstudying in Yaound6 University. More often than not they were made to study and write their exams in French. At first they were made to spend a period of time studying French before proceeding to enroll for the discipline of their choice. The policy was developedwhereby coursestaught in French were made core subjects and those in English mere electives. This was designed to ensure that a student, citizen of Republique du Cameroun could ignore courses taught in English, concentrateonly on the coursesn French and still pass his exurms; while the student who is a citizen of the Southern Cameroons could not possibly pass if he did not concentrateon the subjectsin French. 106. The situation was compounded for the Southern Cameroonsstudent by the fact that as a matter of policy there was no eagernesson the part of the authorities to recruit Southern Cameroons lecturers. Those that were recruited had to submit their degreesobtained from England, USA, Nigeria or other English-speaking country to the Ministry of Education for an equivalent rating by Camerounesebureaucrats. French educational system degreesbeing taken as the yardstick. The equivalent rating system applies only in respectof Anglo-Saxon degreesand more often than not those degrees are under-rated. For Southern Cameroons students, studying in Yaound6 University was a big gamble. 107. The educational difficulties confronting Southern Cameroons children drove thousands to Nigeria, the US and the UK to pursue their studies. They led to an intense long-drawn struggle with the Yaound6 regime for the establishment of a University in the Southem Cameroons to serve the needs of Southem Cameroons children. A University was eventually established in Buea in 1993 with financial contributions by the people of the Southem Cameroons themselves. The Yaound6 Govemment has perseveredin its policy of under-funding that University. The Lake Nyos mass deaths 108. On 21 August 1986 more than 3,000 people and an untold number of livestock and other animals in the vicinity of Lake Nyos perished from inhaling a gas later identified as a mixture of carbon dioxide and hydrogen sulphide. The official line of the Yaound6 regime is that the gas was a gigantic bubble, which had collected below the bed of the lake and exploded on the night of the fateful day.

109. Many discountthis official version sayingthat the gas was in fact a chemical weapon of mass destructionbeing tested at night by a foreign power with the regime;all the more so as on the day in questionmasked complicity of the Yaound6 military personnel the powerin question of werealreadyat the sitewith scientificand medicalequipment. Accordingto this versionthe remoteness Nyos with not evena of dirt road or other means of communicationand the Govemment attitude that the hapless villagerswereexpendable madeit an idealtestingsite. 110. The Nyos gaskilled humansand animalsinstantlyon contactbut did not affect the vegetation. commissionof inquiry was ever set up to look into what really No happened Nyos. Scientists, at local and foreignheld a scientificforum in Yaound6 to gas. After days of determinescientificallythe natureand origin of the Lake Nyos work the scientists couldnot agree a theoryandthe meetingendedinconclusively. on 111. Meanwhile,aid (includingmoney)from relief agencies donorsintendedfor and villagersof adjoiningvillageswho had to flee whennewsof the disaster spread, was plundered Yaound6. persons. in Only a trickle reached intended the Speaking the for Yaound6regime, its interior minister Mr. Menguemesaid that those unfortunate peopleweretoo primitive to makegooduseof the aid destined them.To this day for the Nyos victims remainabandoned their fate.No commission inquiry was ever to of setup to investigate widespread the diversionof relief aid by government officials. The butcheryand maimingin Bamenda ll2. By 1989the choicesfacing the peopleof the SouthernCameroons recover to peoplewere limited: a generalrevolt with their dignity and self-worthas a sovereign the likelihoodof a bloody suppression; war of nationalliberationentailinga central a leadership a war effort; or defiance the ban on the formationof political parties and of and createa political party to unite the peoplepolitically and fight for the peaceful decolonization the land. of ll3. The choicefell on the third option and this led to the emergence the Social of (SDF) political party in Bamendain May 1990. Republiquedu DemocraticFront Cameroun moved an entire baffalionof its troops into the city of Bamenda with a preventthe launching the party. missionto forcibly of 114. On the day of the launchthe soldiersshot and killed six peopleand seriously woundedscoresof others.In other parts of the Southern Cameroons severalarrests were made and at the University of Yaound6SouthernCameroons studentswere roundedup, put through the third degree,detainedand afterwardsreleased. The Yaound6regimethen went on televisionand told the world a fat lie that thosewho died or sufferedinjuries were trampledupon by the crowd at the launch,that those who took part at the launchwere Biafransand not 'peaceloving Camerounians', and that the leaderof the political party,Mr. Jon Fru Ndi was himself a Biafranwho had sincefled to Nigeria. 115. The SDF survived the launch and thanks to externalpressurethe Yaound6 regimewas forcedto acceptthe adventof multi-partypolitics. In October1992the SDF leader contested presidentialelectionsin Republiquedu Camerounand, the according well-informedand dependable to sources, won. Mr. Biya stolethe victory

with the complicity of the Yaoundd SupremeCourt. There were angry demonstrations throughout the Southern Cameroons.Mr. Biya responded once more by a show of military force. More troops were again moved into the Southem Cameroons and a stateof emergencywas once more imposed on the whole Bamendaarea. LL6. From Victoria to Bamenda grenadesand life bullets were used against peaceful protesters. Scores of people were killed, maimed or otherwise wounded. John Fru Ndi's compound, with his family and supportersinside was under military siege for two months with the avowed aim of starving the occupants to death. The local population devised various ingenious methods by which they were able to smuggle food to the besiegedpeople. They also worked out an ingenious way by which Fru Ndi was able to communicate with the outside world. The siege was only ended following the intervention of Archbishop Desmond Tutu of South Africa, who traveledto Bamendato secureFru Ndi's release. 117. Even after the end of the siegethe military proceeded arrestkey SDF officials, to including Mr. Justice Nyo Wakai, a retired Supreme Court Judge and Chief Justice. He was abusedand humiliated in front of his wife and children. The personsarrested, more than a hundred of them, men and women, were first taken to the BMM torture centre. After days of being held incommunicado they were abducted under cover of darknessand under inhuman conditions to Yaound6 where they were imprisoned for weeks. Mr. Biya then constitutedwhat was called a'State Security Tribunal' made up of military officers to try the detainees. As protest intensified in Bamenda the Yaound6 regime announcedit was releasingthe detainees'sottscaution'and that it was lifting the stateof emergencyin Bamenda. The SCNC mandate 118. In 1993 and 1994, againstthe backdrop of terrorization and disruptions by the Camerounese military, the people of the Southem Cameroons,assembledfor the first time as a people since early 1972. They created the Southern CameroonsNational Council (SCNC) and mandated it to seek and secure constitutional talks with Republique du Cameroun on the basis of an agreed federal constitution. The SCNC was further mandated, if the Yaound6 regime refused to engage in meaningful constitutional talks or if it failed to engagein such talks within a reasonabletime, to so inform the people of the SouthernCameroonsby all suitable means and thereupon proclaim the revival of the independence and sovereignty of the SouthernCameroons and take all measuresnecessaryto secure, defend and preserve the independence, sovereignty and integrity of the Southem Cameroons. 119. Six years afterwards, in 1999, Republique du Cameroun had not as much as indicated a willingness to talk with the SouthernCameroons.The SCNC so informed the people of the Southern Cameroons, served notice that 'reasonable time' had expired and declaredthat it intended to fulfill its mandate of proclaiming the revival of the independence and sovereigntyof the SouthernCameroons. 120. The SCNC made that proclamation on 30 December 1999 over Radio Buea. 121. Justice Frederick Alobwede Ebong who read the proclamation was arrested together with key SCNC leaders. They were taken to Yaound6 under cover of

at torturedand held in solitary confinement a military facility for severely darkness, pressure the from especially in 14 monthsbeforebeingreleased the faceof sustained community. Diaspora well asfrom the international as Cameroons Southem the Biya's attemptat brainwashing peopleof the SouthernCameroons and that identity of the SouthemCameroons 122. Acutely aware of the separate Republique du Camerounremains a foreign land in relation to the Southern and Cameroons attempted Mr. Cameroons, Biya went to Buea,capitalof the Southern du with the peopleof Republique Cameroun. to get the peopleto identifr themselves I He told the rentedcrowd to repeatafter him: "I am a Camerounian, was bom a and Camerounian I will die a Camerounian." the 123. This was an attempt to redef,rne identity of the people of the Southern and Cameroons to re-writetheir history. in anywhere this that Mr. Biya neverrepeated sameexercise volumes l24.It speaks people of that country are Republiquedu Cameroun.He did not becausethe if Remindingthem that they are would have been redundant, not Camerounians. nonsensical.

No let-up in killing, maiming and torture 125. Meanwhile the abuse,abduction,detention,torture, maiming and killing of continuedwithout respite. For example,in citizens of the SouthernCameroons gendarme officersfor dayson endtortured du November1992Republique Cameroun CheNgwa Ghandiuntil he died; on Thursday25 March executive a young business 1993 Republiquedu Camerounsoldiersopenedautomaticmachinegun fire on a in killing threeand woundingtwenty. On groupof peacefuldemonstrators Bamenda the 18th and 25th of March the same year, in the course of peaceful political torturedand were abducted, 46 demonstrations citizensof the SouthernCameroons left with severeinjuries. Around the sametime Mr. Umaru's three children were in disappeared Bamenda. in High Courtordered RulingNo. 1992, Bamenda the 126.OnMonday23 December police tortureunit detained torturedat the secret and HCB/CRI\{/92that 173persons known as BMM be released.In contempt of the court's decision the Yaound6 to Governmentdisobeyedthe court order. It orderedthe detainees be moved to 27 Yaound6.On December the 173 men and women were moved under the most to imaginable Yaound6 stand to conditions transportation of inhumane degrading and they did not military tribunal in a language du trial beforea Republique Cameroun stranger. law to which they werea complete and understand undera journalist was 127. ln 1995, Paddy Mbawa, a well-known SouthernCameroons taken to the city of Douala in Republiquedu Camerounwhere he was abducted, put severelytorturedand subsequently throughthe motion of a 'trial' beforebeing jailed for a year.

128. In 2001 there were at least 2 Southem Cameroons citizens among the nine people who were disappeared the military in Douala in what becameknown as the by 'Bepanda Nine'. In the same year Republique du Cameroun soldiers murdered 4 youths in the Southem Cameroons town of Kumbo during a peaceful celebration In marking the 40th anniversaryof Southem Cameroonsindependence. the sameyear Matthew Titiahonjo was arbitrarily arrestedin the SouthernCameroonstown of Ndop in May, severely torture and then taken to Bafoussam in Republique du Cameroun where he was held captive under atrocious conditions before being murdered on 14 September2002. 129. There are scoresof SouthernCameroonscitizens held in captivity in Republique of du Camerounfor their belief in the self-determinationand independence their land, the Southem Cameroons.Detained under atrocious conditions they are in effect being subjectedto a slow and painful death. Signature referendum on independence 139. In May the sameyear, against a backdrop of intensified violent repressionin the Southern Cameroons the SCNC organized a signature referendum to ascertain the wishes of the people of the Southern Cameroons whether they wished to be independent or to be a part of Republique du Cameroun. Between September and November 1995 300,000 voters indicated their choice by signing the appropriate ballot paper. Of this number, which accurately reflects the voting population of the During the signature referendum Southem Cameroons,99yo voted for independence. exercise a number of individuals were either arrested and well tortured or Among them are Abel Apong and Chrispus KeenebieEchikwa who were disappeared. taken to Douala and tortured for weeks on end; and John Kudi, Jack Njinta and Paul Chiajoy Juangwawho were taken to Yaounde and disappeared. Attempt by Republique du Cameroun to decapitate the Youth League 140. In April 1997, there were 400 arrestsin Bamenda following what the Yaounde Government unconvincingly called 'terrorist' attacks on symbols of the authority of Republique du Cameroun in the Southern Cameroons.The arrestees, members of the Southern CameroonsYouth League (SCYL), were detainedand put through the third pressitself calls 'intercogation musclee).Eighty-seven degree(what the Camerounese were eventually moved to Yaound6 where they were tortured and held in solitary confinement for two years before being put through the motion of a nocturnal trial by a military tribunal composedof Camerounese military officers and in a languageand under a law alien to the accused.The SCNC dared the Yaound6 regime to charge the accused with attempted secession. Instead, the accused were charged with theft, 'prefet', murder of a and possessionof explosives allegedly stolen from the work site French road construction company. of a 141. During the two years of detention without trial letters from all corners of the world poured into the office of the CamerounesePresident urging the trial of the detaineesif there was a case against them or else their immediate release.Observers declared the 'trial' unfair and as a parody of justice. Amnesty International adopted the detainees prisonersofconscience. as

142. Many of the accused died of torture beforethe pretended trial was over. The others received pre-determined long sentences. The continuing torture of these persons and the very deplorable conditions under which they are deliberately subjectedis indistinguishable from extrajudicial execution.Nearly half of those sentenced havealreadydied. The most recentvictim is Martin CentumChewho died in August 2004. Otherswho died before him include EmmanuelKonseh,Mathias Ngum, JosephNdifon, Richard Ngwa, Julius Ngwa Ambe, SamuelTita, Mathias Gwei, Daniel Tita, LawrenceFai Yaound6,Patrick Yimbu, Daniel NtanenNdifon, JuliusNgu Ndi, andPhilippeTete. Attempt by Republiquedu Camerounto decapitate SCNCleadership the 143.In 2002the entirehome-based SCNCleadership arrested organizing was for and leading celebrations mark I Octoberas the independence of the Southern to day Cameroons. They were detained, torturedand humiliatedand subsequently charged with disobeying the orders of the 'prefet'and the ogouverneur'. The Bamenda Magistrates' Courtfoundthat the accused wereguilty of no wrongdoing acquitted and them.But, actingon ordersfrom the Yaound6 regimethey werepromptlyre-arrested within the courtpremises takenbackto prison.Followinga successful and application for habeas corpus,the Bamenda High Courtordered release the applicants. the of Onceagainthe Yaound6 Govemment refused obeythe courtorder. to 144. This sparked wave of popularrevoltsin the territory promptingthe release a of the detainees. But not before the detainees had been so severelytortured that the elderly oneshad to seekmedicaltreatmentabroad.A few monthslater, the highly respected loved SCNC leader,Dr Martin Luma, succumbed the ill-treatment and to inflicted on him and that had aggravated frail conditionas an elderlyperson.He his expireda few monthslater. 145.In Kumbo and Bamenda military opened at peaceful the fire marchers killed and threeand woundingseveralothers.The SCNC leadership continues suffer arrests to anddetentions, harassmento humiliationandvariousformsof ill treatment. 146. As recentlyas August 2004 the pressin Republiquedu Cameroun reporteda conspiracy top military and govemmentofficials from President by Biya's tribe to assassinate Eminence His ChristianCardinalTumi. The reportindicated that Biya was awareof the plot. It speaks volumesthat therehasbeenno reactionfrom Mr. Biya or his govemment eitherdenyingthe pressreportsor institutingan inquiry to investigate the claim. The well-respected Cardinal is from the SouthemCameroons and is a knowncritic of the Yaound6 regime. Forty yearsof unremitting bloodyrepression 147. More than forty yearsof patientdeputation petitioningby the peopleof the and Southern Cameroons the colonialGovernment Republique Cameroun to of du seeking a consensual decolonization the SouthemCameroons of has met with more and intensifiedmilitarizationof the tenitory, abductions, arbitraryarrests and detentions, torfure,disappearance, maiming,killings andplunder.

148. From the 1960s down to this day petitions have been made by Southern Cameroons political leaders (among them Dr Fonlon, respected academic and politician, and two ex-Prime Ministers of the Southem Cameroons, Foncha and Muna), school and university students,parents, elites (individually, such as Barrister Dinka, or collectively), traditional leaders,and church leaders,all to no avail. 149. The Southern Cameroons National Council (SCNC) has since 1993 sent countless memoranda to the colonial Govemment of Republique du Cameroun but again to no avail. The only reaction from that imperious Government has been the ruthless enforcement of its policy of terrorization of the people, exactions and cruel depredations in the land, institutionalized torture of arresteesand abductees, and unchecked violence against the persons, properties and land of the people of the SouthemCameroons. 150. The people of the Southern Cameroons are under a colonialism of the most depraved type,far worse than anything experiencedeither under German or English colonial rule. 151. They have only obligations and no reciprocal rights whatsoever. They have nothing in retum for the unlawful and brutal confiscation and suppressionof their self-determination.They do not even have the basic rights that would, by international law, be grantedto a people defeatedin war. They are not allowed to speakand act as a people in any matter whatsoever. 152. There is no limit, not even moral, as to what Republique du Cameroun can do within the territory of the Southem Cameroons.In fact that country has the power of life and death over the people and territory of the SouthernCameroons. 153. For the people of the Southern Cameroonsthe francophonity imposed on them and the ubiquity in their territory of the gendarme, sous prefet, prefet, gouverneur, commandantde legion, brigade de gendarmerie, camp militaire and commissariat de police are living symbols of alien domination and daily reminders of their shameful status as a subjugatedpeople, all the more shameful becausethe colonizing State is a third rate third world country. 154. Pacific protestshave, as a matter of policy, been routinely drowned in blood. The systematic domination and oppressionof the people of the Southern Cameroonshas known no mitigation. Persecution is extreme and unremitting. There are now no prospectswhatsoeverfor consensualdecolonization. reasonable

PART II THE HUMAN RIGHTS VIOLATED BY THE RESPONDENT STATE 155. International law proscribes colonialism "in all its forms and manifestations". UN Resolution 1514 (XV) "solemnly proclaims the necessity of putting a rapid and unconditional end to colonialism in all its forms and manifestations" based on the conviction that "all peoples have an inalienable right to absolute freedom, to the exerciseof their sovereignty and to the integrity of their national territory."

156. In the preambleto the African Charteron Human and Peoples'Rights States partiesreaffirm their commitment eradicate forms of colonialismfrom Africa" all "to 'ofreedom,equality, justice and dignity are essential and their conviction that of of objectives the achievement the legitimateaspirations the African peoples." for 157.The ban on colonialismis thus not only on White rule over colonizedlandsthat but includes Black on Black colonization.The exist acrossthe oceansoverseas, Southern Cameroonscase shows how an African colonially minded State has the colonizedits less fortunateneighbour,notwithstanding fact that the colonizing by State was itself yesterdaya colonial territory and had achievedindependence asserting right to self-determination. the 158.The factssetout in detailin PartI showa violation of the following humanrights Rights: underthe African Charteron HumanandPeoples' (a) Peoples'rights: equalityof all peoples freedomfrom domination(art. 19),the and (Nt.20 (l)), the right to freely dispose of and to self determination right to existence (art.2l (l)), the right to economic,social and cultural wealth and naturalresources (art.23 (l)), andthe right to a (art.22 (1)),theright to peace security and development (art. 24); general satisfactory environment (b) Individual rights: the right to enjoy guaranteed rights without discrimination (art.2),the right to equalitybeforeandof equalprotectionof the law (art.3(l)(2)), the right to life and to integrity of the person(art.4),the right to dignity and to freedom from torture (art.5), the right to personalliberty and security (art.6), the right to proceduralfairness(art.7 (1), the right to receiveinformationand to expressand (art.10(1), the (art.9(1X2)), right to freedom association the of disseminate opinions (art.l2 (art.11),the right to freedomof movement right to freedomof assembly (1X2)),andtheright to education (art.17(1). Peoples' RightsViolated 159. The people of the former United Nations Trust Territory of the Southern Cameroons under British administration constitutea people within the meaningof intemationaland humanrights law. They are so referredin relevantUN resolutions plebiscite regardingthe territory. A self-determination and other variousdocuments mandated supervised the UnitedNationswasheld in the Southem by Cameroons. and The UN in its decolonization laboursresortsto that process only when it is satisfied of territoryconstitute peoplein the international a law that the inhabitants a dependent sense the word. of personality virtue of its status a had 160.The Southern Cameroons international by as territory underinternational tutelage. Following its independence defacto federal and association becamea halfwith Republique Cameroun, SouthemCameroons du the sovereignstate and a qualified subject of internationallaw. It has a distinct and separateidentity. Its intemational borders are well defined by the following tenitorially grounded treaties:the Anglo-German Treaty of 1913,the Anglo-French (Milne-Simon) Declaration 1919, theAnglo-French of and Treatyof 9 January 1931.

161. Given the territory's internationalpersonalityand its separate and distinct identity, the national statusof its peoplehas alwaysbeencitizensof the Southern Cameroons.
162. During the mandate and trusteeshipperiods, the absenceof citizenship qua the internal law of England and the absenceof citizenship eo nomine confened by some other source did not render the people of the Southern Cameroons stateless.Their nationality was for various purposesof the law attributable to the territory itself. That national statuslay in ibeyance. It surfacedby operation of law at the precise moment the SouthernCameroonsattainedindependence 1 October 1961. on 163. The present communication exposesthe camouflaged annexation and colonial domination of the Southern Cameroonsby Republique du Cameroun in violation of the United Nations Charter and the African Charter on Human and Peoples' Rights. The institution of these proceedingsbefore the Commission representsan aspect of the anti-colonial struggle of the people of the Southern Cameroonsbegan over thirty yearsago. 164. The issue here is one of colonialism. It is not a claim to participate in the governmentand administration of Republique du Cameroun,the colonizing State.It is not a claim for good governanceor for decentralizationby that imperial country. It is a claim by the people to freedom; a claim by the people to be left alone to manage their own affairs and territory; a claim by a politically subordinate people for decolonization. 165. The people of the SouthernCameroonsare a captive people in the Republique du Cameroun house of bondage.They are prisoners held in terrorem. Prisonerscrave to be set free, not to be given better prison food. Slavescrave for manumission,not for a place at the master's table. A subjugated people demand independence as the appropriateremedy for colonialism. 1. The domination of the people of the Southern Csmeroons by the people of Republique du Cameroan in violation of Article 19 of the ACHPR 166. A people dominated by another people are necessarilya colonized people. Domination means control, power or authority over somebody or something. The people of Republique du Cameroun have never denied that they assumedin October 1961 an unwarrantedcontrol, power and authority over the territory and people of the SouthernCameroons, people who, immediatelyprior to October 1961,had attained a a full measureof self-govemment status and voted in a UN-supervised plebiscite to achieveindependence. 167. This domination of the people of the Southern Cameroons by the people of Republique du Cameroun violates Art.19 of the Charter. It is not the untold and continuing suffering due to domination that the people of the Southern Cameroons complain about under Article 19, but the domination itself by reason of which the rights recognized to all peoples under the Charter, have, in the case of the Southern Cameroons,beenwrongfully and fraudulently suppressed.

168. Evidenceof that dominationof the peopleof the Southern includes Cameroons the armedoccupation the territory for over forty yearsalready;the total control of of its economyandresources; impositionof a foreignadministration; imposition the the of foreign administrators; the imposition of an alien law and legal system;the impositionof an alienlanguage the schools public administration; abolition in and the parliament government; confiscation all means of the Southern Cameroons and the of of expression from the people;and the imposition of direct rule by the colonizing State. 169. One consequence this domination is that the people of the Southem of Cameroons havesuffered retrogression status. in and Previously self-governing on the same footingof legalequalitywith the peopleof Republique Cameroun, people du the people;a ward of Republique havebecomea dependent of the Southern Cameroons du Cameroun, inferior anddetrimental an status. l7l.ltis well to recallthat the British Cameroons FrenchCameroun the same and had statusof a class 'B' trust territory; that British SouthemCameroons becameselfgoverningin 1954 and FrenchCameroun 1958;that FrenchCameroun in achieved independence 1 January 1960 under the name and style of 'Republique du on Cameroun'and British SouthernCameroons achievedindependence 1 October on 1961as the Southern Cameroons; the separate that identitiesof the two countriesis well defined by international treaties; and that the Southern Cameroonsand Republiquedu Camerounwere the componentfederatedstates in the de facto Cameroon federation. By contriving to exercise colonial sovereigntyover the SouthernCameroons, Republiquedu Camerounpresumedto alter the juridical equalityof the two peoples territories. and 171.Article 19declares legal'equalityof all peoples'. places absolute on It the an ban the dominationof a peopleby another.In view of the principle of equality of all peoplesunder the Charter,all rights recognizedto the people of Republiquedu Cameroun necessarilyhave to be recognizedto the people of the Southern Cameroons, both of them having remainedequal until Republiquedu Cameroun forcibly arurexed assumed colonialsovereignty and a overthe Southern Cameroons. 172. The presentimposedde facto political inequality betweenthe people of the SouthernCameroons and the people of Republiquedu Camerounis the result of dominationof the former by the latter.Republique Cameroun du cannotthen set up the effectsof its colonial dominationof the Southern Cameroons the basisfor the as conclusioneither that the SouthernCameroons part of its territory or that the is Southem Cameroons doesnot exist as a political unit or otherwise. The maxim of the law is ex turpi cousonon oritur actio. 173.The domination the peopleof Republique Cameroon by du violatesthe collective right of the peopleof the Southern Cameroons govemthem selves, they seefit, to as to run their own affairs,to enjoythe samerespect any otherpeople,andto control as their own destiny.It violatestheir collectiveand individual rights to maintainand develop their distinct identity and characteristic, including the right to identify people. themselves a sovereign as

174. By placing an absoluteban on the domination of a people by another, Article 19 emphatically declares that *Nothing shall justifu the domination of a people by 'nothing whatsoever'; not even a so-called another." The term 'nothing' means brotherhood,not even a period of sharedcolonial past, not even territorial contiguity, not not even a declaredintention to associate, even consent. 175. A people cannot consentto being dominated by anotherpeople becausethere can be nothing to gain in exchange. Any purported consent to such an inferior and detrimental status would be ineffectual. The prohibition against domination is meant to prevent inter-people slavery. In law a person or a people cannot consentto slavery. Hence, in contemplation of the Charter, the domination of a people by another is not justifiable at all. 176. That is why it is not competent for the people of Republique du Cameroun to seekto justifu their domination of the people of the Southern Cameroonsby pleading mistake or a gift of territory by the UN and Britain; by pleading consent or acquiescence the latter people;by pleading somepolitical grounds;or by pleading by 'colonialism by consent' or effluxion of time. That is why it is farcical to talk of 'slavery by consent'.There is no suchthing in law. 177. The Charter declaresthat all peoples struggling against foreign domination (be it political, economic or cultural) have the right to the assistance the Statesparties to of the Charter (art. 20(3). It also proclaims that "colonized or oppressedpeoples [have] the right to free themselvesfrom the bonds of domination by resorting to any means recognizedby the international community" (art. 20(2)). 178, The international community recognizes two methods of achieving selfdetermination. Self-determinationcan legitimately be achievedby force through a wzr of national liberation in exerciseof the etemal law of self-defense.Self-determination can also be achievedby peaceful means such as through consensualdecolonization or through adjudication. 179. Without prejudice to an appeal to force, the people of the Southern Cameroons have resorted to adjudication. They have done so to once more demonstratetheir abiding faith in the rule of law and their conviction that an eminently just causesuch as theirs is, always eventually prevails. 180. They have done so to demonstrate their belief that African continental institutions, such as the African Commission, are intellectually and morally well equipped and can be trusted to right great historical injustice committed on this longsuffering continent, such as the great injustice that is the object of this communication. 181. The people of the SouthernCameroonsare under the domination of the people of Republique du Cameroun by the fact that they are under the colonial rule of that country. The people of the Southern Cameroons,their territory, economy, resources, education, law, language, and the administration of the territory are all under the effective and total control and authority of Republique du Cameroun.

182. Moreover,that country has made and continuesto make heroic attemptsto procurethe extinguishment the peopleof the SouthemCameroons a people, of as their separate distinct identity as a peoplewith their distinctiveworld-view and and state-culture inheritedfrom the British, andtheir territory asan independent country. 183. It has plotted to fuse into contiguous regionsof Republique Cameroun du the territoriesof the SouthemCameroons has dismembered. has also contemplated it It populationtransferfrom Republique Cameroun the SouthemCameroons as du to so to overwhelmthe lattdr'spopulation. hasinitiatedand encouraged grabbingin It land the Southern Cameroons citizensof Republique Cameroun. by du 184. Thesedesignsare aimed at making the peopleof the SouthemCameroons a linguisticor culturalminority within Republique Cameroun as to providesome du so falsehoodbeing peddledby Republiquedu Cameroun substance the remarkable to that the SouthemCameroons issue is a domesticproblem of a minority within Republique Cameroun du seeking secede. to 185.The unremittingandtotal domination the peopleof Republique Cameroun by du partakes political and cultural genocide. is one thing for a peopleto dominate of It another. is quite another It thing altogether only to dominate not thembut alsoto seek to ensure their complete extinguishment a people. as 186. Today the SouthemCameroons in ruins, fragmented, lies underdeveloped, and under the complete political, economic and military control of Republiquedu Cameroun. people are physically and psychologicallybruised,traumatizedand Its bannedfrom holding any meetingto discussmattersthat affect them as a people. Abduction,torture, disappearance, arbitrarydetentions and extrajudicialkillings are their daily lot merelyfor complaining. 187. Republiquedu Camerounhas imposed in the SouthernCameroons foreign administrators, foreign administrative a system, alien language, an alien legal an and system.Since 1972the Southern Cameroons no govemment, parliamentand has no notjudiciary. All means expression of havebeenconfiscated from the peopleandthey arenot permitted meetasa peopleandexpress to themselves such. as 188.This colonialconditionis the Southem realitv. Cameroons 2. The colonization the peopleof the SouthernCameroons Republiquedu of by Camerounin violation of the right of the peopleof the SouthernCameroons to existence a peopleand of their right to selfdetermination(Article 20 as (l)) 189. Peoples'rights are a condition sine quo non for the realizationof individual human rights and freedoms.In the words of the preambleto the Charter,the reality and respectof peoples' rights should necessarilyguarantee human rights. Selfdetermination thusto a peoplewhat freedomis to the individual. is 190.The self-determination dependent peoples a pre-condition the respect of is for of question individualhumanrightswhenit comes a humanrights.Therecanbe no of to

people under subjugation, domination and exploitation. Colonialism, be it White or Black, attests this. to to 191. Article 20 (1) guarantees all peoples: (i) the right to existenceas a people, (ii) the unquestionable and inalienable right to self-determination, and (iii) the right freely to determine their political status and pursue their economic and social developmentaccording to the policy they have freely chosen. 192. The right to existencerefers not only to physical existenceas a people, but also to legal, political, cultural and territorial existence as a people. Republique du Cameroun as a matter of policy periodically indulges in an orgy of killing and maiming in the SouthernCameroons.Since September1961 the occupation forces of Republique du Cameroun have continued to kill citizens of the Southem Cameroons with impunity. The fact that the killers are never arrested and prosecuted is the clearest of evidence that the killings are sanctioned by Republique du Cameroun political authorities as a matter of policy. Theseroutinized killings violate the right of the people to physical existence. 193. Furtherrnore, Republique du Cameroun, acting without any color of right whatsoever,forcibly endedthe SouthernCameroonsas a legal and political entity and impaired its tenitorial integrity by Balkanizing it.It has imposed an alien language, legal system, law and educational system on the people. That violates the right of the people of the SouthernCameroonsto existenceas a people. 194. The people of the Southern Cameroons are a people within the meaning of intemational and human rights law. They therefore have the unquestionable and They further have the right inalienable right to self-determination and independence. political status and to pursue their economic and social freely to determine their development. The variant of self-determination that the people of the Southern Cameroons seek is the restoration of their independence and statehood forcibly suppressed Republique du Cameroun. by 195. At all times prior to the colonization of the Southern Cameroonsby Republique du Cameroun the former was never subordinateto the latter; nor had there been any ties of sovereignty or otherwise between the two. There have been, and there are, no valid legal ties of any kind that could affect the principle of self-determination contained in Article 20 of the African Charter or in UN Resolution 1514 (XV) in respectof the SouthernCameroons. 196. At no time prior to I October 1961 were there in existence any political ties, legal ties, cultural or economic ties, or ties of territorial sovereignty between the SouthernCameroonsand Republique du Cameroun. 197. The Southern Cameroonsand Republique du Cameroun have always been two separatecountries with firmly establishedinternational boundaries.Each has always had a separate State culture (law, language, education, administrative system); a separatecolonial history (except for the 20-odd years of a common German colonial experience); a separate Mandate/TrusteeshipAgreement; a separate independence people with no substantialethnic connection; a separatepeople with a day; a separate separatevision; a separatepeople with a separateway of life; a separatepeople with

people with a separate no common or similar cultural heritage; and a separate aspiration. 198.The Southem Cameroons legally not a part of Republique Cameroun. is That du countrydid not attain independence the Southern with comprised within Cameroons its territories. Nor did the two countries become conjoint and then achieve independence a singleState.The intemational as tutelageagreements not require did joined. And Republiquedu Camerounwas not granted the two countriesto be independence conditionthat it colonized Southern on the Cameroons. 199.The averment Republique Cameroun the Southern by du that Cameroons part is of its territory is no more than a figment of its very fertile imaginationand a futile attemptto profit from its own wrongdoing. The maxim of the law is that no one may takeadvantage his own baseconduct.The restoration the unlawfully suppressed of of self-determination the Southern Cameroonsimpinges on no legal right of of Republique Cameroun du 200. The Southern Cameroonsis currently under the colonial sovereignty of Republique Cameroun. assumption thatjurisdiction is impermissible du The of under internationallaw. There is not one single instrumentof internationallaw or valid instrumentof its own municipal law that Republiquedu Camerouncan plead in justification of its colonization and dominationof the Southern Cameroons. Thereis absolutely counton which Republique Cameroun showwhy it hasassumed no du can colonial sovereigntyover the SouthernCameroons and is forcibly preventingthe peopleof the territory from exercising sovereignty overtheir God-given land. 201, h would be pathetic and absurdto suggestthat the people of the Southern Cameroons surrendered their self-determination Republiquedu Cameroun. to First, self-determination inalienable. is Secondly, sinceto surrender is self-determination in effect to cease exist, no advantage to could possiblybe enjoyedby ceasing exist! to Thereis nothing in exchange which a people,acting as a people,can decideto for cease exist, that is to say,to lose their self-determination. to Self-determination a is power. continuous exercise of 202.lt is thus contradictory arguethat a peoplecan self-determine to themselves out of self determination. this is preciselythe absurdityRepublique Cameroun Yet is du trying to sustain. The issuebeforethe Commission therefore is one of decolonization of the SouthemCameroons from the foreign and colonial dominationof Republique du Cameroun. 203. The facts narratedin Part I show that the SouthernCameroons was under intemationaltutelageand, like the FrenchCameroun, classB Trust Tenitory. By a 1960 it was fully self-governing, exceptfor mattersof defenseand foreign affairs which still restedwith the British Govemment. had a nationalconstitution It and state political and economic institutions. It was called by the sovereign name of Government the SouthernCameroons. voted to achieve independence of It and, subsidiary,to form with Republiquedu Camerouna federal union of two states, legally equalin status, operatingwithin the frameworkof a mutually agreedfederal constitution.

204. But the Southem Cameroonssoon fell prey to Republiquedu Cameroun territory underthe forcible colonial expansionist ambitionsand is today a dependent of du sovereignty Republique Cameroun. 205. The SouthernCameroons now within a structure.which technically and is juridicallyis colonialism. and of independence statehood the 206. The restoration the forcibly suppressed of rhetoric of has Southem Cameroons'therefore nothing to do with the secession accustomed the easeof to or misinformedor biasedcommentators, commentators ratherthanto the challenging taskof thoughtful resorting sweepinggeneralizations to analysis. thesis,one holding two competing 207.|t is germane examinein this connection to that independence, othermaintaining the that the Southern Cameroons not achieve did it did. It shouldbe said from the outsetthat given the currentstatusof the Southern of du Cameroons a territory underthe colonial sovereignty Republique Cameroun as is the right of the people of the territory to self-determination unaffectedby the question independence from Britain. This does whetheror not the territory achieved is not however meanthat an inquiry,albeitbrief, into the two theses unimportant. plebiscite 1961. The point is theUN-supervised heldon 11February 208.Thestarting by UN-framed plebiscite question was: do you wish "to achieve independence joining" Nigeria or Republique du Cameroon?The people voted o'to achieve independence" 'joining' Republiquedu Camerounin the senseof forming a by the federal union with that country. UN Resolution1608 of April 1961 endorsed Cameroons that overthe Southem resultsof the plebiscite decided the Trusteeship and on in with shallbe terminated, accordance Article 76b of the UN Charter, I October 196I,' upon'(notby)joiningRepublique Cameroun. du had signified that independence been 209. Either the terminationof the trusteeship jurisdiction sinceassumed achieved that it had not. In eithercasethe unwarranted or du Cameroons Republique Cameroun by overthe peopleandterritoryof the Southem and to amounts a nullification of the plebiscitevote for independence to an unlawful right of the This is a violation of the inalienable suppression self-determination. of peopleof the Southern Cameroons self-determination. to independence Thethesisthat theSouthern Cameroons neverachieved 210. Thereis someevidence the Southem that Cameroons, despite overwhelming the independence. may UN vote in favourof its independence, not actuallyhaveachieved First, the UN failed to ensure that the process the decolonization the Southern of of 1608requiredBritain, completion. Resolution Cameroons broughtto a successful was and du to the Government the Southern of Cameroons Republique Cameroun finalize, before 1 October1961,the terms of the agreedfederalunion betweenthe Southem The Unorderedfinalization never took Cameroons and Republiquedu Cameroun. place. was yet a UN Trust 211. On 1 September196l while the SouthernCameroons presumed exercise Republique Cameroun du to Territory underUK administration, jurisdiction over the Southern powersover the Cameroons assuming by constituent

216. Yanderlinden (in L'Etat Moderne Horizon 2000, 1985) maintains that the federation was merely a smokes-screen('un pis-aller) "designed to enable the Southern Cameroonsto swallow the bitter pill of its annexation by Republique du Cameroun, as in the case of Eritrea annexed by Ethiopia." Professor J Crawford ('State Practice and International Law in Relation to Unilateral Secession' 1997) cites the Southern Cameroonsas an example of a former colonial territory 'integrated in a state'. Benjamin (Les Camerounais Occidentaux, 1972) canvassesthe thesis of a creepingannexation.Pierre Messmer (Les Blancs s'en vont,2000), the last colonial governor of French Cbmerounis in no doubt that Republique du Cameroundid annex the SouthemCameroons 1961. in 217. Sindjoun (Z'Etat Ailleurs, 2002), a national of Republique du Cameroun, honestly observesthat the federation was a mere make-belief policy ('la politique du faire croire') designed to hoodwink the tIN and the Southern Cameroons. In his words, the federation was "un federalismed'absorption du SouthernCameroonspar la Republique du Cameroun " and "une strategie d'extension de la Republique du Cameroun", "une strategie de phagocytose." He then charucterizesthe relation betweenthe two political units as one of guardian and ward: the SouthernCameroons is "le Cameroun eleve, le Cameroun disciple" while Republique du Cameroun is "le Camerounmaitre, Le Camerounmodele." 218. Mr. Ahidjo, President of Republique du Cameroun, addressing his country's National Assembly on 10 August 1961 statedthat'oconformement la resolutionde a I'ONU, le Cameroun reunifie n'apparait pas en droit intemational comme un nouvel Etat souverain" and that 'Juridiquement, la reunification n'est analyseeque comme une modification de frontiere." ('oln conformity with the UN resolution [1608], reunited Cameroondoes not appearto be a new stateunder international law. Legally, the reunification is analytically a mere modification of the border."). 219. Ahidjo may have been alluding to the customary rule of international law that no territorial changescan affect the identity and continuity of a state.Assuming this rule is applicable to the case at hand, it would mean the de facto situation on I October 1961 represented simple expansionof the territorial sphereof validity of Republique a du Cameroun, and the de focto federation was no more than a continuation of Republique du Camerounon an enlargedterritory and under a new ntrme. 220.Yet, such an expansioncould not have been anything but expansionby clear-cut annexation given the obfuscation of the plebiscitary formula 'independence by joining' and the arguable view that the Southem Cameroons was not a subject of intemational law. The plebiscite question was not 'Do you want to form a part of Republique du Cameroun?' The 'federal constitution' solely drafted and enactedinto 'law' by Republique du Camerounpartook of an incorporation law. 221. Republique du Cameroun's obsession with the term 'reunification' was indicative of that country's imperialistic ambitions regarding the Southern Cameroons.If the Southem Cameroonswas annexed,arguably with the complicity of the UN, then the territory was never decolonized; it remains a non-self-governing territory, but now under the colonial sovereignty of Republique du Cameroun. The Southern Cameroons situation is therefore a straightforward case of decolonization and the principle of self-determinationapply.

222. Fifthly, the LJN itself appearsto have adoptedthe attitude that Republiquedu notwithstanding terminationof the Trusteeship over Cameroun simply continued the the SouthemCameroons and the de facto Cameroonfederation.If Republiquedu Cameroun simply continuedit meansthat the de facto situationthat obtainedon 1 to by October1961amounted the absorption the Southern of Cameroons Republique du Cameroun. 223. Andif the absorption theoryis accepted inescapable the legalinference would be that the UN neverin fact decolonized Southern the Cameroons merelyfacilitated but its transferfrom a predecessor colonialistto a successor colonialistin violation of its to own Charterand its 1960Declarationon the Grantingof Independence Colonial (Resolution1514(XV)). The UN would thenhaveactedas an Countries and Peoples agency perpetuatingrather than eliminating colonialism. The plebiscite in the SouthemCameroons mandated supervised the World Body would then have and by beenan exercise international in fraud. 224. The internationaltrusteeshipsystem was establishednot to facilitate the perpetuation colonialismbut to ensureits progressive of elimination.The obligation of the UK Government was to lead the SouthernCameroons self-govemment to or independence not to transferit to a successor and colonialist.Self-determination is not aimedat removingcolonialpowers, at creating new ones. 225.The UN hasalsomaintained conspiratorial a Cameroons silenceon the Southern situation,unable or unwilling to statethe political statusinto which the Southern Cameroons emergedupon 'joining' Republiquedu Cameroun. the official UN In 'Cameroonsunder British publication, Basic Facts About the United Nations, Administration' is listed as one of nine "dependentterritories that have become integratedor associated with independent states since the adoption of the 1960 Declaration." respect eightof the nine listeddependent In of territoriesthereis a clear indicationas to which of the following five political statuscategories eachemerged 'returned', 'joined to form a federation','nationallyunited', into: 'free association', or 'integrated'.But in the caseof the SouthernCameroons, there is no indication whatsoever to the political statusinto which it emerged as upon 'joining' Republique du Cameroun. 226. The Southern Cameroons appears the list of 'Trust Territoriesthat have also on achieved self-determination'. onceagain,andunlike in the caseof the otherTrust But Territories on the list, the UN is non-committal,saying only that the Southem Cameroons'Joined Republic Cameroon." the of 227.But wasthereevera'joining'? The UN appears suggest to therewas.Yet it has beenunwilling or unableto saythe modalitiesand natureof that 'joining' and what valid legalinstrument thereis that affests the Joining'. to 228. Even if there was a joining (the point is not being conceded), such a joining couldnot havebeena dead-end; rathera moratoriumon the ultimatepolitical goal but of the Southern Cameroons. British Govemment fact spokeof Republique The in du 'foster parent' to the SouthemCameroons commentators Cameroun acting and from Republique Cameroun du sometimes refer to the SouthemCameroons a ward or as pupil of Republique Cameroun. du

of 229.From that perspectivethe act of self-determination 11 February 196l by the Southern Cameroonswas not a once and for all irrevocable act. Resolution 1608 was not res judicata and could be revisited by the UN General Assembly. The international community cannot divest itself permanently of the right to concern itself with the status of a territory under international tutelage so long as that territory has not achieved full independenceas declared by the 1960 Declaration on Colonial Countries and Peoples.In the instant caseof the SouthernCameroonsthe UN retained such a right until achievementof full independence the territory. by 230. Be that as itmay, as a successor colonialist in armed occupation of the Southern Cameroons,Republique du Cameroun is in violation of the right of the people of the SouthernCameroonsto self-determinationunder Article 20 (I) of the African Charter. It is also in violation of the UN Charter, I-INGA Resolution l5l4 of 12 December 1960,and UNGA Resolution2625 (XXV) of 24 October 1970. 231. Republique du Cameroun is a Member of the LrN. It is under an international obligation flowing from the UN Charter to refrain from impeding the Southem On Cameroonsfrom assertingits independence. the contrary it must take affirmative steps to immediately transfer all authority and sovereignty to the people of the Southern Cameroonswithout conditions or reseryationsin order that they may enjoy absolutefreedom and independence. 232. Republique du Cameroun is also under international obligation flowing from Article 1 of the African Charter on Human and Peoples' Rights "to recognize the rights, duties and freedoms enshrinedin [the] Charter." By becoming a Stateparty to that treaty Republique du Cameroun undertook to adopt legislative and other measures give effect to the rights and freedomsin the Charter. to The thesis that the Southern Cameroonsachieved independence 233. The international trusteeship system was built on the principles of justice and peaceconsistentlywith Article 1 of the UN Charter. The UK Government assumedan obligation, as a 'sacred trust', under Articles 73 and 76 of the UN Charter and Article 7 of the Trusteeship Agreement for the British Cameroons, to lead the Southem Cameroonsto self-government or independence,depending on the circumstancesof the Territory. 234. As a self-governing Territory between 1954 and 1961 with a solid foundation for statehoodand steepedin the democratictradition, the SouthernCameroonswas a state in statu nascendi. 235. lt follows that the circumstancesof the Southern Cameroonsin 1961 dictated only independenceas the political statusinto which the territory was to emergeupon termination of the trusteeship. The British had themselves stated in 1958 that the Southern Cameroonswould be ripe for independencein 1960 after six years of selfgovernment. 236. The plebiscite was an international matter, not an intemal affair of Republique du Cameroun. The plebiscite question itself promised independenceas the end-result

of trusteeship. The people of the Southem Cameroons therefore achieved independence did achieveindependence that vote. Resolution1608endorsed and by the independence vote and set I October as the effective date of independence consequent uponthe termination the trusteeship that same of on date. 237. Given the plebiscitary formula 'to achieve independence joining', the by plebiscitevote decidedtwo mattersat the sametime, the 'independence' the of Southern du However,the issueof Cameroons Joining' Republique Cameroun. and was subsidiaryand conditional; for, in terms of Resolution 1608 the Joining' trusteeship agreement to be terminated was with respect the Southern to Cameroons upon, and not by, it joining the Republic of Cameroun. Moreover,the plebiscite questionas frameddid not suggest that independence joining had to take place and simultaneously. 238. A defacto federationdid comeinto existence October1961,the component in statesof which were the SouthernCameroons and Republiquedu Cameroun. The federationis itself evidence that the SouthemCameroons achieveindependence did sincelegally a dependent territory and an independent statecannotform a federation given that a federation foundeduponthe principle of juridical equalityin statusas is between component the states. 239. Moreover,althoughthe Cameroon federation was a meredefaclo situation, that produced factualsituationnevertheless certainlegal effects:the emergence a new of state and subject of internationallaw; the existenceof a basic nonn, a new constitution (different in form, nature and content) that was neither the 1960 Constitution the SouthemCameroons the 1960Constitution Republique of nor of du Cameroun; creationof new state institutions;the extinction of Republiquedu the Cameroun a subjectof international as law; the simultaneous birth and extinctionof person; adoption a new namefor the Southern Cameroons a full international as the of the SouthemCameroons 'West Cameroon'and for Republique Cameroun as du as 'EastCameroun'. 240. Significantly,following the coming into existence the de facto federation, of diplomaticmissionsin Yaound6were re-accredited the new State.Republique to du had alreadybeencollectivelyrecognized its admission membership Cameroun by to of the UN. If the defacto federation was merely the continuation Republique of du Cameroun,enlargedand under a new n€lme,there would have been no reason whatsoever a renewedrecognitionof that stateon the part of the intemational for community.The idea of that statebeing unnecessarily recognized secondtime in a lessthantwo yearsis completely unconvincing. 241. Nor is it convincingto arguethat it was not the federal State,but territorial changesin Republique du Cameroun or the changesin the internal political organization Republique Cameroun, of du which were recognized. The argumentis unconvincing because suchchanges leavethe personality ofthe stateunaffected, and so do not call for recognition.Even if specific political conditionsrenderedsuch recognitionnecessary, recognitionwould be accordedto the new government the emerging of an internaltransformation, not to a new State. out and

242. The intention and conviction of the SouthernCameroons and Republiquedu Cameroun createa new state is clearly attestedby the publishedpre-plebiscite to documents signedby the two sides,the Note Verbaleby Republique Cameroun du confirmingthe same, 'constitution'of the defacto federation, representations the and madeat the LIN. It would be indeeda veritabletour deforce to interpretall these documents speaking as merelyof fusingthe Southem Cameroons Republique into du Cameroun. 243. The SouthernCameroons was not a non-descriptterritory whether legally, geographically, historicallyor politically. Therewasno extension the legalorderof of Republique Cameroun the Southern du to Cameroons. two states The maintained their respective legal orders,subject,of courseto an overarching federallegal order. A federalsocietyinvolvesa dovetailing ratherthana supercession oflegal orders. 244. The defacto federation, described a bilingual bi-jural State,was a defocto as new State,which was not identicalwith eitherof the two component states thereof. goesto showthat the Southern All the informationavailable would never Cameroons havealloweditself to be annexed that it contemplated and nothingshortof a union of legal equality.The federation, albeit defacto, was therefore remotefrom annexation, although that is what Republiquedu Camerounwanted and hoped to achieve. Annexation Republique Cameroun by du camein 1972througha Germano-Austriantype Anschluss. 245. If thenthe Southern Cameroons achieve independence independence did that has sincebeenunlawfully suppressed Republique Cameroun violationof the two by du in principles of self-determination of the equality of all peoples.Independence and entails at the minimum self-govemment. Even the 'independence'within ola communaute by in to territories francaise'offered France 1958/59 its Africancolonial entailedat leasta modicumof self-government. Thereis todaynot evena vestigeof the self-government enjoyed the Southern by Cameroons from 1954196I andnothingthat evidences independence Southem the the Cameroons achieved on I October 1961. 246. Moreover,the territorial integrity of the Southern Cameroons a political unit as has been impaired. ln 1972 the SouthernCameroons was offrcially annexedby Republique du Cameroun. Its independence and statehoodhave been totally suppressed. is today under the forcible colonial sovereigntyof Republiquedu It Camerounand the two parts into which it has been cut up are administered as provinces that country. dependent of 247. The Southern has Cameroons thus suffered retrogression political status; in from a self-governing independent and countryto a non-self-governing tenitory. It enjoys not evena modicumof local self-government. 248. The situationthat obtains in the SouthemCameroons indubitably one of is colonization andthe struggleof the peopleof the Southem Cameroons patentlyan is anti-colonial struggle. 249. It follows from the abovethat in whateverway one chooses look at the to Southern Cameroons situationthe unyieldingconclusionis that the inalienable right

has to self-determination the peopleof the Southern of Cameroons beenviolatedby Republique Cameroun du eitheron the sufficientgroundthat it is exercising colonial sovereignty over the Southern Cameroons successor as colonialistor on the sufficient groundthat it hasunlawfully suppressed self determination independence the of and the Southem Cameroons. 250. Republiquedu Camerounhas always been a foreign land in relation to the Southern Cameroons. fact that it exercises The colonialsovereignty over the Southem Cameroons changesnothing in this respect.Being a country under the forcible colonial sovereignty Republique Cameroun thereforeipsofacto a colonial of du and territory, the SouthernCameroons a separate has and distinct territory and identity from that of the Stateunderthe colonial yoke of which it is languishing. For, under contemporary internationallaw the tenitory of a colonizing state is distinct and differentfrom that of the colonizedtenitory. The peopleof the SouthemCameroons partiesto the African Charterin their thus have'theright to the assistance States of liberation struggle against foreign domination,the dominationby Republiquedu (Art. 20 (3). Cameroun 251. Too cleverby half, Republique Cameroun thoughtup a coupleof rusefor du has deflectinginternational scrutinyof its colonizationofthe Southem Cameroons. 252. First, it alwaysusesoCameroun' a polysemous in sense as to obfuscate so the identity of the separate tenitory of ex-British Southern Cameroons thus to give and the uninformedobserver impression a unitary territory known as 'Cameroun' the of translatable 'Cameroon'and variouslystyled'Republique Cameroun' 'l'Etat as du or du Cameroun'; and, moreover, suggestingthat the SouthernCameroonsis the part southern of Republique Cameroun. du 253. In ordernot to allow a perpetuation this fraud andthe continuingdeception of of the world, thereshallbe adopted the comingmonthsa new namefor the tenitory of in the Southern Cameroons. Therewill be full consultation amongall the anti-colonial forces in the SouthemCameroons and the new name will be adoptedwith the concurrence the peopleof the Southern of Cameroons. 254. Secondly, Republique Cameroun du habituallyconjuresthe secession bogy. It doesso in a hopeless effort to demonize meta-juridical phenomenon, a awareof the misinformed view in some quarters that international law prohibits secession. Whenever conjures secession it the bogy Republique Cameroun in fact trying to du is psychologically prey on the reader's mind. In that way, the cursoryinquireris put off from ascertaining whatthe true stateof affairsis in this matter. 255. The informed inquirer knows that contemporaryintemational law neither concedesnor denies a right to secession.Secessionis a mere meta-juridical phenomenon, which eventually international and States, law includingAfrican States, merelyacknowledge a matterof realism. as Historically,stateformationand transformation have occurred, and will continueto occur,througha process fusion or fission. Intemationallaw is thereforenot that of silly asto positthat secession absolutely is impermissible.

256. The secessionrhetoric of Republic du Cameroun proceeds from its fraudulent misrepresentationof the plebiscite in the Southern Cameroons as 'un plebiscite de rattschement',that is to say, a plebiscite that sanctionedthe incorporation or fusion of the Southern Cameroonsinto Republique du Cameroun. 'Incorporation' is of course mere camouflagefor the colonial statusof the SouthernCameroons. 257. Republique du Cameroun would want the world to believe that at the plebiscite the people of the Southem Cameroons voted, after seven years of full selfgovernment,not to achieve independence but to commit mass suicide by becoming a captive or slave people under the colonial yoke of Republique du Cameroun.History doesnot provide a single instanceofsuch a case. 258. If the plebiscite vote was a vote for fusion into Republique du Camerounand the consequentextinguishment of the Southern Cameroonsthere would be no credible explanation for the federation (albeit de facto) and its subsequent overthrow followed by the proclamation of a 'republique unie du Cameroun' and the later reversion to 'Republiquedu Cameroun'. 259.lf the 'plebiscite de rattachement' rhetoric were to be believed it would mean Republique du Cameroun is not only a two-faced Janus, capable of being identical and non-identical at the sametime, but also a phoenix, capableof a number of births and deaths.The rhetoric borders on absurdity. 260. The truth of the matter is that the people of the Southem Cameroonsnever voted for incorporation into Republique du Cameroun. They could not have since the plebiscite question was not, "Do you wish to be a part of Republique du Cameroun?" And, unlike the pre-plebiscite undertaking given by Nigeria that a vote to 'join' Nigeria would mean integration into Nigeria, the undertaking given by Republique du Cameroun stipulated that a vote to 'join' Republique du Cameroun would mean that the Southern Cameroons and Republique du Cameroun would federate to form a United Federal CameroonRepublic of two states,legally equal. 261. Given thesetwo different undertakings,Resolution 1608 took care to specify that the British Northern Cameroons voted to achieve independence "as a separate province of the Northern Region of Nigeria". In the case of the Southern Cameroons and mindful of the pre-plebiscite undertaking given by Republique du Cameroun, Resolution 1608 did not say and could not have said that the Southern Cameroons voted to achieve independence as part of Republique du Cameroun. Quite the contrary, it ordered the finalization of the declared policy to form a federal union, which finalization never of coursetook place. 262. The plebiscite vote was primarily a vote on independence and secondarily a vote joining. By common agreement in writing, the two sides understood the word on 'join' to mean 'federate' and also stipulated federalism as the condition sine qua non of the future union. Incorporation may have been what Republique du Camerounhad wished.But wishesare not horses. 263. The Southern Cameroonstherefore never fused into Republique du Cameroun. The so called Joining' notwithstanding, the Southem Cameroons' legal personality as a qualified subject of intemational law and as a juridical person under municipal

political, legal,cultural,historical,and law, as well as its identity as a self-governing intact. unitaryterritory,all remained 264.\Nhatis more,the frontierline between Southem and the Cameroons Republique du Camerounhas always been a de jure internationalboundary:Since there was merely a de facto federationthe inherited colonial boundary between the two federated states was a meredefacto intemal boundary. ''Federal 265. Further, since Republic of Cameroon' and 'United Republic of Cameroon'were not bonafide and enduringconstitutional statestructures enjoying, as distinct from Republiquedu Cameroun,internationalpersonality,but merely of Cameroons, the contraptions designed whitewash colonization the Southern to the intemationalboundarybetweenthe two countriesnever legally acquiredan internal The revival in 1984of 'Republiquedu Cameroun'ipsojure confirmedas character. between Southern the an international frontier the hithertodefacto internalboundary Cameroons Republique Cameroun. and du 266. The confirmationof the intemationalcharacter that boundaryline is further of evidenced the maintenance the pre-independence by of military, police and customs barriers alongthe frontierline. 267. Furthernore,by voting againstUN Resolution1608 approvingthe plebiscite Republique resultsand terminatingthe trusteeship over the Southern Cameroons, du therebycontinued international the the as Cameroun boundary between two countries unchanged character. in 268. The Southern has Cameroons thus neverbeenpart of Republique Cameroun, du historically or legally, and whetherbefore or after I October 1961. The Southem just Cameroons not legally apart of Republique Cameroun aslegally Eritreawas is du not a part of Ethiopia,Algeria not a part of France,Portugal'sAfrican territoriesnot parts of Portugal,East Timor was not a part of Indonesia, and Mauritaniaand the Westem Saharanot parts of Morocco. Colonial rule does not changethe legal position. 269. The exerciseof the right to self-determination entailingthe restorationof the suppressed statehood and independence the SouthemCameroons of operates within the inheritedcolonialboundaries the Southem of Cameroons they stoodon the date as of its achievement independence I October1961,consistently of on with the principle juris. uti possidetis 270. Independence the SouthernCameroons of from the colonial domination of Republique Cameroun du doesnot impingeon any properinterest,legal or political, of the latter.The inheritedcolonially definedfrontiersof that State,as they stoodon the dateof its independence I January1960are in no way affected. on The tenitorial integrity of that country, consistentlywith the principle uti possidetisjuris and the 1964OAU Resolution BorderDisputes, in no way infringed. on is 27l.Therc is no claim by the Southern Cameroons anyof the peoples to who makeup the tribal mix of Republiquedu Cameroun.There is no claim to an inch of the territory of that countryor to a singleone of its citizens.The spatialconfiguration of

that State remains exactly as it was on the date of its attainment of national independence. The independence of the Southern Cameroons entails no loss or dismemberment of territory, impairment of national unity or territorial integrity, or loss of population or diminution of territory in respect of Republique du Cameroun. There is thus no secession territory from Republique du Cameroun. of 272. Prcviously under British rule, the people of the Southern Cameroons obtained independence (however that term is construed) in exercise of the right to selfdetermination. Republique du Cameroun cannot therefore assert the principle of territorial integrity in answerto that exerciseof self-determinationand independence. It could not, in 1961,obtain sovereigntyover the SouthemCameroons cession.It by could not, in 1972, obtain sovereigntyby conquest. 273. Without any color of right, without any valid instrument or authorizing act, Republique du Cameroun has assumedan unwarrantedjurisdiction over the people and territory of the Southern Cameroons, exacting obedience. The people yield obedience,for the time being, becauseof the forcible occupation of the land and the maintenance therein of an administration of paramount force, which compels obedience as a matter of necessity. The people have the inherent right, under intemational and human rights law, to free themselvesfrom the foreign and colonial domination of Republique du Cameroun. 274. It is now well-settled that self-determination is a right in intemational law, a norm ofjzs cogens.It is no longer just a process of decolonization but also a human right, a right of peoples, and is thus a continuing right exercisableeven within postcolonial independent states. To interpret self-determination as applying only within the context of 'salt water' colonialism will make nonsense of Article 20 of the Charter. It will amount to a significant let down to the promise of the preamble of the Charter, which does not even allude to territorial integrity. It will belie what is in truth a solemn commitment by the international community proscribing for all time colonialism and inter-people slavery. 275. Republique du Cameroun's colonial sovereignty over the Southem Cameroonsis absolutely impermissible under international law. 276. As has been shown from Part I, the SouthernCameroonssituation is the caseof a captive people struggling, like slaves fighting to be manumitted. They are struggling to conquer relentless oppression and repression, domination and colonization by Republique du Camerounin order to gather God's harvest of freedom, dignity, justice and peace.The struggle is distinguishableboth on the facts and in law, from the case of a sub-nationalunit seekingto break away. 277. Of course, since Republique du Cameroun exercises colonial sovereignty over the Southem Cameroons,the latter is part of its tenitory only as a colonial territory. But in contemporary international law a colonial territory has a separateand distinct status from that of the colonizing State and is entitled to independencewithout any conditions or reservations.All dependentterritories achieved statehoodby 'seceding' from their respectivecolonizing States.

278. Apartfrom the fact that the SouthemCameroons underthe colonial bondage is of Republique Cameroun, exceptional du the situationof the territory (as eloquently particularly borne out by the facts in Part I) makesreasonsfor its independence compelling. procedure the tenitory not only misfiredbut 279.First, the UN self-determination in also was unlawfully suppressed Republiquedu Cameroun. by That resultedin a justice and the commissionof a great historical injustice seriousmiscarriageof against peopleof the Southern the Cameroons. 280. Secondly, peopleof the Southern the Cameroons legitimatelyclaimingtheir are territory,which hasbeenannexed Republique Cameroun. by du Thirdly, there is in the SouthernCameroons, since October 1961, extreme and persecution Republique Cameroun prospects unremitting by du with no reasonable for peaceful change. Thereis continuingsystematic oppression domination well as and as a series grossandconsistent of violationsof humanrightsby that State. 281. Fourthly, the federation,albeit a de facto one, was unilaterally ended by Republiquedu Cameroun. Fifthly, internal self-determination absolutelybeyond is reach for the people of the SouthernCameroons they are powerlessto freely as determine their internalpolitical status. 282. Sixth, the independence the people of the Southem Cameroonswas of unlawfully suppressed Republiquedu Cameroun.Seven, the people of the by Southern Cameroonscame under the colonial domination of Republique du Cameroun way of an unjustifiablehistoricalevent,to wit, annexation. by Eight, the assumption sovereignty of overthe Southern Cameroons Republique Cameroun by du is, to saythe least,legallysuspect. 283. Nine, even if there was a 'marriage' betweenthe SouthernCameroons and Republiquedu Cameroun,it was a shotgun 'marriage' in which the Southem Cameroons has continuedto be raped and thoroughly abusedin other ways. The 'marriage'is a putativemarriage therefore and null andvoid ab initio. 284. Ten, individual humanrights abuses committedby Republique Cameroun du in the territory of the Southern Cameroons are gross, massive, extensive and unremitting. This is reliably affested victims; the press;local humanrightsNGOs; by reputableinternational humanrights NGOs such as Amnesty Intemational,Human RightsWatchand Article XIX; US StateDepartment reports,and Documentation of the UN Commission HumanRights,especially on Reportsof the SpecialRapporteur on Torture, Reports of the Working Group on Enforced of Involuntary Disappearances, Reports the Special and of Rapporteur Summary Executions. on 285. As a matterof statepolicy Republique Cameroun practices, du encourages and condones killings andtortureandothergrossviolationsof humanrights.

3. Violation by Republique du Cameroun of the right of the people of the Southern Cameroons to freely disposeof their wealth and natural resources(Art 21 (1)) 286. Article 2l (l) vests in the people (not in the state)the right freely to disposeof their wealth and natural resources,and ordains that the right shall be exercisedin the exclusive interest of the people. This right is inherent in a people and is inextinguishable.Consequently,in no circumstancemay a people be deprived of it. In people have the right to the lawful recovery of the caseof spoliation the dispossessed its property as well as to an adequatecompensation(art. 2l (2)). 287. The right guaranteedunder Article 2l (I) representsthe economic dimension of the political right to self-determination. Political self-determination is meaningless without economic, social and cultural self-determination. 288. Article 21 (1) speaks of 'all peoples'. It thus refers to both dependentand independentpeoples. The right guaranteedunder that provision vests in independent peoples. as well as in dependent 289. An independentpeople are a sovereign people. Normally they would exercise that right through their democratically elected government and in their exclusive interest. Practically, this means that while the right is held by the sovereign people it is the state that exercises it on account of the fact that the state has exclusive competencewithin its territory. 290. The right to free disposal of wealth and natural resourcesalso vests in dependent peoples. However, given their status as a colonized people the exercise of that right will necessarilybe by the controlling State. But the colonizing State cannot deprive the colonized people of that right. Moreover, in exercising the said right the colonial authority must do so in the exclusiveinterestof the colonizedpeople. of 291. The people of the Southern Cameroonshave been dispossessed their wealth and natural resources. They do not freely dispose of their wealth and natural resources.As stated in Part I, Southern Cameroons archival material and museum pieces have either been vandalized or looted by Republique du Cameroun. Further, natural resourcesfrom the Southern Cameroonssuch as oil, gas, rubber, tea, oil palm etc are exploited by Republique du Cameroun for its exclusive benefit, without any significant benefit accruing to the SouthernCameroonsor its people. 292. As the state that has assumed a colonial sovereignty over the Southern Cameroons,Republique du Cameroun is duty bound to exercisethe right guaranteed by Article 2I (l) in the exclusive interestof the people of the Southem Cameroons. But the right is not so exercised. 293. A telling example of the violation of Article 2l (l) by Republique du Cameroun is the fact that the Southern Cameroons does not even have basic road and other infrastructure and hardly any industry. The oil refinery in Victoria is staffed almost exclusively by citizens of Republique du Cameroun ensconcedin an exclusive area

from built purposelyfor them, completewith schoolsfor their childrenand teachers France. is 294. The debilitatingpoverty and underdevelopment the SouthernCameroons in it is as if the territory stood still when it was officially annexedby such that Republique Camerounin1972. du to 4. Violation of the right of the peopleof the SouthernCameroons economic, (Article 22 (l)) socialand cultural development 295.Therearemanywaysin which Republique Cameroun violatedthe right of has du the peopleof the Southern Cameroons economic, to socialand cultural development guaranteed Article 22 (l) of the Charter. has Republique Cameroun unlawfully du by suppressed self-determination independence the people of the Southern the and of The It a over the Southem Cameroons. Cameroons. hasassumed colonialsovereignty peoplearethusdeprived their self-worth, pride andidentity. of not 296. Moreover,the colonialdominationof the peopleof the Southem Cameroons the of only violatestheir right to existence a peoplebut alsoundermines enjoyment as other rights such as the right to dignity inherent in a human being, the right to freedomof association the right to freedomof expression. For, the peopleof the and peopleor to express themselves a as Southem Cameroons not allowedto meetasa are people.They are deniedany meansby and throughwhich to meaningfullyexpress anddevelop their socialandculturalidentityanddistinctiveness. 297. The peopleof the SouthernCameroons under the colonial oppression are and du They sufferdiscrimination that very fact by dominationof Republique Cameroun. because inherentin colonial dominationis the assumption the peopledominated that The factual are not on the samefooting of legal equalitywith the peopledominating. subordinate statusimposedon the peopleof the Southern Cameroons a dependent as peopledeprives themof their self-worthandof their ability to improveuponand give expression their talents.Accessto basicresources to such as food, health,housing, is employment goodeducation dangerously and compromised. 298. The systematicplunder of the resourcesof the Southem Cameroons, the destructionof its economic and social infrastructure,the abolition of its state institutions, bastardization its laws and legal system, the adulteration its the of and of educational system otherwaysin which Republique Cameroun violatedthe are du has right of the people of the SouthemCameroons economic,social and cultural to development. 299. Thesevariousactionstakenby Republique Cameroun du againstthe peopleof the Southern inimical to the exercise the right to their economic, Cameroons are of socialand cultural development with due regardto their freedomand identity and in the equalenjoyment the commonheritage mankind. of of 300. AdditionallyRepublique Cameroun in violation of Article 22 (I) because du is it oto ensurethe exercise' of the right of the people of the Southem has failed Cameroons economic, to socialand culturaldevelopment. Having assumed colonial a sovereigntyover the SouthernCameroons and thereby subjected to the inferior it

status of a non-self-governing territory, Republique de Cameroun is in intemational law under an obligation to promote to the utmost the well-being of the people of the Southern Cameroons. Republique du Cameroun has failed to do so and is thus in breachof its international obligation. 301.'Any activity or measure by the Republique du Cameroun that impedes the exercise by the people of the Southern Cameroons of the right to their economic, social and cultural development constitutes a violation of Article 22 (l). Becauseof the colonial rule imposed on them by Republique du Cameroun the people of the Southern Cameroons cannot, like people everywhere, make authoritative decisions over their own lives; enjoy a reasonablelevel of economic, social, cultural, physical and health security; have reasonableand effective accessto educational opportunities and enjoy respectand self-esteem. 5. Violation of the right of the people of the Southern Cameroons to peace and security violated (Article 23 (1)) 302. The unremitting repressionin the Southem Cameroonsfor over forty years, the routinized and wide scale arbitrary arrests and detentions, and the daily violence inflicted on the people by the armed forces of Republique du Cameroun violate the right of the people of the Southern Cameroonsto peace and security. Colonization is itself violence and amountsto a violation of the right to peaceand security. 6. Violation of the right of the people of the Southern Cameroons to a general satisfactory environment favourable to their developmentviolated (Article 24) 303. Article 24 is concernedwith freedom from pollution and the correspondingright to pure air and clean water. States must therefore refrain from activities that are harmful to the environment and must adopt measuresto promote conservation and improvement of the environment. 304. A polluted environment infringes upon the enjoyment of human rights such as the right to life and the right to enjoyment of physical and mental health. The deliberate refusal by Republique du Cameroun to tar the streets in the Southern Cameroonshas led to a situation where the level of dust in the towns has become a serious health hazard. The air is polluted, making breathing very difficult. Food and drinking water are contaminated,increasingthe risk of disease.There is an unusually high level of respiratory track diseasesand meningitis among urban dwellers in the Southem Cameroons and the condition of asthmatic patients is made worse by the very high level of dust in the air. 305. Republique du Cameroun has created a moon-like landscape in Bamenda by felling all the eucalyptus and cypress trees and taking them to Bafoussam in that country for use as electricity polls. In Victoria the oil refinery, run and controlled entirely by Republique du Cameroun regularly dischargesoil sleek directly unto the territorial seakilling aquatic life, compromising the livelihood of local fishermen, and rendering the beachesunusablefor recreationalpurposes.

306. Republiquedu Camerounhas thus violated the right of the people of the Southern Cameroonsto a general satisfactoryenvironment favorable to their development. B. War Inevitable! TheFailure of theForce of Argumentand Our Right to DefendOurselves The people of the SouthernCameroons have shown considerable restrainin their dealingwith La Republique Cameroun, du even in the face of overwhelming force, shearoppression affogance. havedemonstrated and We doubtour beyondreasonable commitmentto democraticalteration of power and to constitutionalprocessof change.During the 50s, our people showedAfrica and the world the first African exampleof peacefultransferof power when an incumbentprime minister handed power peacefullyafter losing to a free and fair elections his oppositionrival. The to periodof transitionwas equallypeacefuland demonstrated maturitynew democratic to the continent.Even after the democraticprocesswas abortedby the British betrayal, peoplecontinued their peaceful in our andnon-violentquestfor change. The result of this peacefulmeansof changewas the destructionof our institutions, assassination our leaderswho refusedto play by the rules of the occupier,the of institutionof fear to bendthe othersand a slow process the destruction, pillaging of and complete annexationof our land. The world has been made to know that "Cameroon a peacefulcountry". This peace beenso, simply because is has only one sidein the conflict is armed.Only one sidecanpull the trigger,imposeits will by the use of force. We were educated be peacefuland respectothersnot baseon their to origin but the contentof their character. were educated respect will of the We to the people.This educationhas made any instructionto changeour approach different Almost five decades after our betrayaland subjugation, peopledescended our ones peacefulattemptto force the return to legality. Despitethe more on the streetin a 'dogs of war' that were amassed our territory, our peoplewere peacefulin their in demand change. for They preferred ballot ratherthan the bullet. We grounded the the territory in almostone year of peacefulcivil disobedience, boycott, demonstrations and all forms of peacefulresistance. Nothing changes. Oncethe regimerealizedthe threat of force in the defenseof our people and their right was off the table, it multiplied its brutality.It doubledthe payroll of the military, recruitedand promoted moreannedmenfrom its areaanddisarmed displaced peoplein the military. and our Il'e havepetitionedbut our petitionshavenot beenresponded Wehavebegged to. but we havesimplybeenshunned. haveappealed vain! We in

Our betrayaland subsequent is subjugation like a cancer that must be extricated. It's rotted us all. We cover in cornerslike pitiful crooks.We have pretended over, its someof us wantedit that way, we haveclosedour eyesandminds,shunned but it itwill neverbeenover. We have hidden away but now we feel pain and frustration, people! evenrage.We area wounded

The is whenit has the opportunityto explainitself force of Argumertt very compelling to theright quarters. Evil and lies dominates only after subjugating truth and the force of argument, and will neverlistento theseexceptwhenforcedto. Thosewith the forceof argument and truth on their sidewill neverhavetheir day in a court of law by matchingtheir ideals to the methods their oppressors. of Theycanonly prevailwhenthey matchmethodfor method and ideal for ideal. It is worth noting, that even in constitutionalfederal democratic systems,the laws offer a democratic solution to the question of sovereigntyand self-determination. This is why the federal systemin the United States succeeded, has Britain surrendered the inevitable devolutionof powers. to in SomenaiVesection the international of haveadvicethat we keepbegging Community the occupier, that our freedom will be offeredto us on a platterof gold and so nobody quo; that*weshouldallow the machine oppression take shoulddisturbthe status of to its timb, chuming up death'ffid destruction in our territory. That ones, the Intemationalcommunity,the United Nationsand the treacherous RacistUnited and Kingdom will realizetheir blunderand plight of our people.But the UnitedNations and International communityhave shownus clearly what that platter of Gold will entail. We should go down in history as more than a footnote. Luck governs everything, evenin war anddiplomacy.The rewards usuallydo not fall on the strong but ratherto the lucky and thosewho move swiftly and without unduecautionmake their own luck. We are no aggressors! We seek nothing but our freedom from occupationand brutality.We are not conquerors! But, it is our right to defendthe peoplewe want to free.It is the duty of any nation,leadership defendits peoplefrom aggression. to The SCYL believes the arm resistance a violent occupation. SCYL believes is in of The it not only a right but alsoa duty for it to call on our peopleto arm themselves against the barbaric brutality of the French tele-guidedsystem.The SCYL will pursue diplomacyandthe armsstruggle until our peopleandlandis freefrom occupation.

OUR VISION The SCYL seeksto establish a sovereign,independentand viable State that will lend itself the primary objective of securing for its people a functional democratic system grounded on the will of the people, the rule of law, the respect of human rights with the people at the centre of every developmentaleffort of the human capacity. Second,The SCYL seeksto harnessand exploit equitably the God given resourcesof The Southem Cameroonsprincipally for the benefit of its citizenry. Third, it seeksto make morality a cornerstoneof cohabitation Fourth, becausewe believe the destiny of our people to be tied to the destiny of the continent of Africa, a viable Southern Cameroons State will formulate and execute policies that have at its core the reawakening of the Pan African spirit which many fought and died for. A new Pan-Africanism that will seek to build bridges acrossthe continent, re-orientatethe African psyche and elevatethe continent as a global player.

Sources:
e (2004). Professor Anyangwe, Carlson Human people's and Right (1999). Sir Nigel Rodley Report thespecial of Rapporteur Torture on Various Amnesty International Country Country by Reports "Cameroon" on (A The PostNewspaper weeklypublication) The SCYLwebsite,hftp://www.scy rtree om.org ffo d (1999) TheSCYLHuman Rights Report You MustFight(A DVDDocumentary The Southern on Cameroons) German by Freelance Journalist, UlrikeKorbach Pictures on Victoria Seasideon http ://www. tr avelp od.com/n avel photo/modernnomad
o The MedicalFoundation the Careof Victims of Torture(MFCVT). for

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