Southern Cameroons Liberation Guide

LIONGO

(TheLiberation 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

The Press& CommunicationsDepartmentof

TheSoathernCumeroonsYouthLeugue(SCYL)

Kwame Nkrumah(C), Ghana's fatherof independence andPanafricanist received bySouthern (L),flanked Emmanuel Prime Minister JohnNguFoncha byOpposition leader Cameroons (R)andformer Mbella Lifafe Needles Prime Minister Augustine Ngom Jua

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 remainsthe cornerstone that formsthe foundationof a peacefuland securednation stateand the best instrumentto guaranteethe rights of every people.It has been guaranteedthroughvariousmechanismsfrom autonomy, throughfederalismto the devolutionof powers.It hasbeenthe bestmethodto arrest political discontentbeforethey drift towardsconflict. The campaignof decolonisation has beenthe thrust that hasmovedthe campaignof self-determination struggleto a new pedestaland forced the internationalsystemto institutionaliseit as one of the best instrumentto guaranteeinternationalsecurity.From the collapseof the Soviet Union, the disintegrationof the Balkans,the devolutionof powers in the United Kingdom to the independence of East Timor, the clamour of peoplesto govern themselvesbase on their values, traditions and customs has become the core intemationalprinciple that has markedthe last decadeof the 20thcenturyand will defineconflict management andresolutionin the 2ltt century. We, the peopleof the Ex-UN Trustterritory of the SouthernCameroons underUnited Kingdom mandate,seeknothingbeyondthe right to determineour economic,social and political future. This is a strugglethrust upon us, by the failure of the United Nationsin complicitywith the UnitedKingdomto terminateproperlyaccordingto the principles outlined in Article 76 (B) of the UN Charteron Trust territories,the mandatesystemimposedin 1946by UN Resolution.....This failureand subsequent manipulationof the SouthernCameroonspeople into a federal Union with an independent Stateof La Republiquedu Camerounon the guarantee of its involvement in negotiating and shaping the Union led to the occupationof the Southern Cameroons. From the onsetof this occupation,La Republiquedu Camerounsortto consolidateits rule througheconomicexploitationof a part that providedover 60% of the GDP, political exclusionand a systematicpolicy of Human Rights social abandonement, Violation. Every oppositionto thesepolicies was treatedas a threat to "national cohesion"and ruthlesslysuppressed. The peopleof the SouthernCameroonswere treatedwith contempt,arrestedindiscriminatelyand thrown into jail, dozenswere extra-judiciallyexecutedand the whole societysubjectedundercruel, inhumanand degradingtreatment.Torture was systematicand rampant as proven by the LiN SpecialRapporteuron tortureSir Nigel Rodleyand severalotherintemationalhuman rights organisations.As a direct consequentof this, SouthernCameroonians today representthe highestsingleper capitalasylumseekersin virtually everycornerof the world. The SCYL is a movementformed in the SouthemCamerooniancapital of Buea in 1995 and has beenat the forefront of the campaignof the peopleof the Southem Cameroonsto self-determination.It's Pressand Communicationsdepartmenthas compiledthis report for the sake of explainingthe plight of the people and why interventionmight arresta very explosivesituation.

Homeland Features

The Prime Minister's Lodge, Buea (built 1902)official residenceof the Prime Minister and Seatof Governmentof 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 largestwildlife reservesin 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

LakeOshen,This GraterLakesituatedbetweenBamendaand Wum in the NorthWest Provinceof Cameroon'sometimeschangesits colour'

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 Tea - Her

Tole {photo:

Njei M.T}

ndts Favourite

SouthernCameroonianBananasare the sweetestin the world Market

Abundant X'reshNatural fruits from Near-by farms

Above:SouthernCameroonianCraft man at work

Rich Oroko Tradition

.**-#ffiffiF

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PART I

Human Rights Perspective Brutality Against A People

On ThursdayApril 28,2006,GilbertNforlem, a Mastersdegreestudentin zoologyof 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'srifle following a peacefuldemonstration. He 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 emotionsof this scene,ThomasEjake Mbondethe francophone'military' governor showedman's inhumanity againstman by shamelesslytelling the old man that oPa, you canstill haveanotherchild'. During the sameshooting spree,Aloysius Abouam of the departmentof education was also gruesomelymurderedby anothergendarme'sgunshotbehindhis head.The cruelty of the gendarmeswent 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 becausehe 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 laughedand said'if he dies,you candeliver of our relationsprotested;the gendarmes anotherone'. 'Al1 along' Mrs Shinyuycontinued'they were beatinghim to accept that he killed a gendarme,but he was refusingsayingthat he was a herbalistwho helpsto savelives, and he could not be the samepersonwho would kill someone'. Shetold Ulrike Kobacha Germanjournalistwho hasproduceda 105documentaryon the humanrightsabuseson British SouthernCameroonians.

A WesternWashingtonUniversity Cameroonspecialiststated in one report that selectiveharassment continuedagainstmembersof the SDF and SCNC (All English speaking)andthat in the last l8 months(2002)a numberof casesof womenaffiliated with political organizationsin Cameroonwho 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 MedicalFoundationconcluded:"In the presentstudyof 27 Cameroonianwomen receivingtreatmentat the Medical Foundationin London,25 havebeenrapedby agentsof the CameroonianStateand/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 supportersof the Social DemocraticFront (SDF), nine (15 percent)were affiliated with the SouthernCameroonNationalCouncil(SCNC), 13 percentwere membersof otherparties,andonly eightpercentwerenot politically active(MFCVT 26 Jun2002,

7.r). AmnestyInternationalin severalreportshascastigatedthe Cameroongovernmentof systematictargeting of English speakingCameroonians.Casesof (Anglophone) deathsin custodyamongthis groupof prisonersincludethe following: EmmanuelKonseh,who was reportedto havebeenseverelybeatenand stabbedwith a bayonet, died on 28 March 1997 while being transferred to Bamenda; SamuelTita, aged38, died on 1 May 1997apparentlyas a resultof lack of food and medical care while held at the Gendarmerie Legion in Bamenda; Pa Mathias Gwei who had becomecritically ill after having been tortured was reportedlydeniedadequatemedicaltreatmentand died on25 May 1997,a few hours 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 September1998. 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 independencefor the Anglophone provinces. At year's end, none of these detaineeshad been brought before a judge or charged with a crime.

Therewereno knowndevelopments, nor areany likely to be, in the May 2000caseof Mamfe residents Joseph Enow, Joseph Tafong, Chief Assam, and Mathias Takunchung,who disappearedafter security officials searchedtheir homes. The familiesof the four Mamferesidentshaveallegedthat they wereexecuted,andthat 30 otherpersonsdisappeared undersimilarcircumstances in 2000. On October I in Kumbo, a gendarmeshot into a crowd of approximately400 killing 3 and injuring 16 persons,after a SCNCanniversary unarmeddemonstrators, celebrationbecameviolent (see Section2.b.). No action was taken againstthe responsiblegendarmeby year'send. Becauseof the presenceof two Anglophonebrothers,Eric Chia andEffician Chiathe DoualaOperationalCommandarrestedand killed with acid nine personswho were suspected of stealinga gascanisterin the BepandaDistrict of Douala. On May 26,2000 at leastsix peopleweretargetedand shotdeadin Bamendaduring the launchingof the SocialDemocraticFront. Another report concludesthat 'In this predominantlyFrench-speakingcountry, Anglophonessuffer discriminationfrom both Stateand societyand disproportionate humanrights abusesincluding arbitrarydetention.During the 1990s,radio stations controlledby or supportiveof the govemmentrepeatedly"incited ethnic animosity againstAnglophones."Public -sectordiscriminationandtheir under-representation in public institutionshas led many English-speakers to supportclaims for greaterselfdeterminationfor the AnglophoneNorthwestand Southwestprovinces Theseincidencesmight be a microcosm,but understanding the plight of the over 6.5 million peopleof the former UN trust territory of The British SouthernCameroons andtheir clamourfor an independent statehoodcanbetterbe explainedby suchgross injusticesand violationsof the individual civil and political rights of the peoplein a mannerthat hasled thousandsof peopleto an early grave,maimedand handicapped 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 subSaharanAfrica. EbenezerAkwangaa nativeof SouthernCameroonswas arrestedin 1997along side dozenof his fellow countrymenandwomenfor speakingout againstthe unspeakable human rights abusesand targeting of English speakingCameroonians.He was humiliated,tortured and tried in a midnight military tribunal and sentencedto 15 years.He was rescuedfrom prison in 2003 and has recountedhis ordealin a book 'Smiling throughhardship'.His sufferingand tribulationshas cometo representthe hopeof a new dawnfor the over 6.5 million peopleof the formerUN trustterritoryof British SouthernCameroons. Ebenezer Ahuanga: Tortured and allowedto die - Tale of a sarvivor "Despitethat I got to the gendarmebrigadeat night; the placewas unusuallyfull of gendarmes.They had tightenedthe handcuffson my handsto the point that I was

bleeding.My legsequallyhadbeenchainedtogether.I wasbundledon the floor anda bucket full of stenchwas pouredon me. It was as if I had been lying beneatha urinary. I was beatenon the solesof my feet. The gendarmesusedbatons,my legs stretchedout and two of the officers stoodon both sidesof my knee: one usedhis right leg to pin down my left kneewhile the otherperformedthe sameact on my left 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 guessit was a mixture of both. I knew at this juncture {hat they were on a mission to kill me and rcalizedtime was the only thing that separatedme with death. Though still bleeding from the booth squashedbeneathmy chin, the gendarmesbeat me up until I passedout. When I regain consciousness, I can't tell how long after, I found myself in an extremely narrow cell and seatedbesidesme was Julius Ngu Ndi and the daughterof another activist..Juliuswas so frightenedwith my state,blood spilledall over my body and I was stinkinglike someonefrom 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 someoneout of sucha situationalive.. I was so weakto think, or reflecton anythingbecauseI hadpassedout a lot of blood. 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 pretendedto be an angelin the 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 questioningme. I found it very diffrcult to go throughsomeof the questions.I was being called 'Mr. Ambazonia'.This is referring to one of the appellationsof The SouthemCameroons. 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 becamethe next god and that they had the power of life and deathover me and that every momentI called the namegod, I will only increasemy torture. It was a very frighteninghour to listen to suchtales.At one moment,I becametensedand angry graduallypushingmy pain to my sub-conscious mine. I was interrogatedfor close to two hours. It was not really an interrogationper se but like a mockery showdownwherepeopletook turnsto abuseme. After thesetwo hoursof mockery,I was takenback into the cell totally nakedand how I survivedthis period could only be attributedto somepowersabovehumancomprehension. At about8.15,only with our under-wears,handcuffed,we were dumpedinto a truck and driven to the Kumbo gendarmeriestation.At Kumbo we were takenout of the truck, chainedand dumped into anothercell. I thoughtat one momentthat this may be my last destinationbut little did I know that our Himalayawas still far off. At about 10 am, after their guard of honourand military proceduresone gendarmeapproached me and said it was 'le momentdu cafe'. Translatedin English'time for coffee',I thoughtthat we wereto be servedbreakfastbut little did I know that we were the real coffee.We were brought out and sat on the floor and faced the brigade commanderwho said he was a very lucky man to havesucha big delegationin front of him that he had orderedhis boys 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 nearby room ... 'patron'...he came out with two batons.The assistantcommander 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...pass6alatabac..., 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 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 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...pass6a la tabac..., 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 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 me by pouring water on my body. All theseincidencestook closeto 5 hours.At about 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 becausethere 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

Unknownvictim shotto deathduring peacefulprotest

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 11:30pmon 30 Sept.,2001and detainedat The BrigadeTerre and The GendarmerieLegionin 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 of the complaintof the peopleof the SouthernCameroonsis that the rightsrecognizedto peoplesunderthe African Charteron HumanandPeoples'Rights have,for the peopleof the SouthernCameroons, beensuppressed by Republiquedu Cameroun(theRespondent State)throughdominationandcolonizationin violationof the Chaner;andthat Republiquedu Camerounis guilty of a seriesof gross,massive, continuingand reliably attestedhumanrights violationsin respectof namedcitizens andgroupsof citizensof the SouthernCameroons. 2. The Commissionis requestedto find Republiquedu Cameroun(the Respondent State) guilty of these violations; to reaffirm the inherent, unquestionableand inalienableright of the peopleof the SouthernCameroonsto self-determination, and thus to the enjoymentof all the rights recognizedto peoplesunderthe Charter;to reaffirm the right of the people of the SouthernCameroonsto live in peaceand securityasa freepeople;to call on Statespartiesto the Charterto assistthe peopleof the SouthernCameroonsin their liberationstruggleagainstthe foreigndominationof Republiquedu Cameroun;to call on Republiquedu Cameroun(Respondent State)to end its continuingviolation of the humanrights of individual SouthemCameroons citizens; and to find that victims of human rights violations by Republiquedu Camerounareentitledto adequate compensation. 3. The facts are recountedin some detail and the law elaboratelyenunciated. Reasonableminds would immediatelyobservethat the presentcommunicationis hugely distinguishableboth on the facts and in law from self-determination matters that the Commissionhashithertoconsidered. suchasKatanga.Sir DawdaJawara.and Casamance.

PART I. THE F'ACTS The territory of the SouthernCameroons 4. The SouthemCameroonshas a surfacearea of 43,000 sq. km and a current populationof about6 million people.It is thus demographicallybigger than at least 60 UN and 18AU MemberStates,andspatiallybiggerthanat least30 UN and 12AU Member States.Locatedin the 'armpit' of Africa, it is sandwichedbetweenNigeria andRepubliquedu Camerounlike a wedgebetweenWestAfrica andwhat in effectis still FrenchEquatorialAfrica. It has frontiersto the west and north with Nigeria, to the eastwith Republiquedu Cameroun,andto the southwith the EquatorialGuinean Islandof Bioko. The bordersarewell attestedby internationalboundarytreaties. 5. The naturalresourcesof the SouthernCameroonsincludeoil, gas,timber, coffee, cocoa,tea,bananas,oil palm, rubber,wildlife, fish, medicinalplants,waterfallsand a wide varietyof fruit andagriculturalproduce. 80 yearsof British Connection wasoriginally British from 6. The territorylater identifiedasthe SouthernCameroons 1858-1887.It was ceded to Germanyand subsequentlyincorporatedinto the contiguousGermanprotectorateof Kamerun,which had been acquiredearlier in 1884. 7. A l9l3 Anglo-GermanTreatyrespectingthe settlementof the frontier betweenthe British territory of Nigeria and the Germanterritory of Kamerunfrom Lake Chadto the sea.That territorially groundedtreaty has remainedthe instrumentdefining the internationalboundarybetweenNigeria and the SouthemCameroons.Moreover,a 1954 British Order in Council (Definition of BoundariesProclamation)definedthe boundarybetweenthe EasternRegionof Nigeriaandthe SouthernCameroons. 8. The sameterritorythat hadbeencededin 1887by Britain to Germanywascaptured by British forcesin SeptemberI9l4 soonafter the outbreakof World War I. It later becameknown as the British Cameroons,consistingof two separateparts, the andtheNorthernCameroons. SouthemCameroons 9. Germanyheld on to its original Kamerunprotectorateuntil 1916 when Angloof theterritory andit becameknown Frenchforcescapturedit. Francetook possession ceasedto exerciseany territorial In 1916 therefore, Germany French Cameroun. as authority(sovereignty)over Kamerun.The utter defeatof Germanyentailedthe loss of its colonialterritory.UnderArticles 118 and ll9 of the 1919VersaillesTreaties Germany renouncedand relinquishedall rights in and title to all its overseas possessions, includingher Kamerunterritory. 10. An Anglo-Frenchtreaty of 1916 (the Milner-Simon Declaration)defined the internationalboundarybetweenthe British Cameroonsand FrenchCameroun.This territorialdelimitationwasconfirmedby the Leagueof Nationsin 1922whenthe two territories were separatelyplaced under the Mandates System. The territorial

alignmentwas further confirmedby the Anglo-FrenchTreaty of 9 January1931, of Nigeriaandthe Governorof FrenchCameroun. signedby the Govemor-General wasthusunderBritish rule from 1858to 1887,andthen 11. The SouthernCameroons left from 1915to 1961,a totalperiodof nearly80 years.Thatlong Britishconnection an indelible mark on the territory, bequeathingto it an Anglo-Saxonheritage.The territory'sofficial languageis English.Its educational,legal,administrative,political, govemanceandinstitutionalcultureandvaluesystemsareall English-derived. Internationaltutelage 12. The SouthemCameroonswas under intemationaltutelagewith the statusof a Tenitory of the Leagueof Nationsfrom class'B' territory,first asa British-Mandated United Nations Trust Territory from 1922-1945,and then as a British-administered 1946to 1961. 13. UnderArticle 22 of the Treatiesof Versaillesthe MandatoryPoweracceptedand undertook to apply "the principle that the well-being and developmentof [the inhabitantsof the territoriesconcerned]form a sacredtrust of civilization."At the end of World War II the international mandatessystem was transmutedto the intemationaltrusteeshipsystemunderchaptersXII andXIII of the UN Charter. 14. By Article 73 of that Charterthe AdministeringPower"recognizethe principle that the interestsof the inhabitantsof [tenitorieswhosepeopleshavenot yet attained a measureof self-govemment]are paramount,and accept as a sacredtrust the obligationto promoteto the utmost, within the systemof internationalpeaceand securityestablishedby the presentCharter,the wellbeingof the inhabitantsof those tenitories." One of the basic objectivesof the internationaltrusteeshipsystem,as statedin Article 76 b of the Charter,is "to promotethe political,economic,social,and educationaladvancementof the inhabitants of the trust territories, and their progressivedevelopmenttowards self-governmentor independenceas may be of eachterritory and its peoplesand the appropriateto the particularcircumstances freely expressedwishesof the peoplesconcerned,and as may be providedby the termsof eachtrusteeshipagreement." 15. Up to 1960,the SouthernCameroonsthough under intemationaltutelagewas by Britain aspart of her contiguouscolonialterritory of Nigeria.But its administered UN distinct identity and personality,separatefrom Nigeria, remainedunassailable. Resolution 224 (IX) of 18 November 1948 protectedthe Trust Territory from annexationby any colonial-mindedneighbour. While acknowledgingthat the TrusteeshipAgreementmakesallowancefor 'administrativeunion', the Resolution providesthat "Such a union must remain strictly administrativein its nattne and scope,andits operationmustnot havethe effectof creatingany conditionswhich will obstructthe separatedevelopmentof the Trust Territory, in the fields of political, economic,socialandeducationaladvancement, asa distinctentity."

Self-Government 16. In 1954the SouthernCameroonsbecamea self-governingregion within Nigeria and gradually assertedits distinct identity and its aspirationto statehoodthrough increasedpolitical andinstitutionalautonomy. 17.In 1958the British Governmentstatedat the UN that the SouthernCameroons was expectedto achievein 1960the objectivesset forth in Article 76b of the UN Charter.Sincethe So'uthernCameroonshad alreadyattainedself-govemmentstatus four yearsearlier in1954, the objectiveto be attainedin 1960could only havebeen full independence. GeneralAssemblyResolution1282 (X^lll) of 5 December1958 took note of the British statement.The peopleof the SouthernCameroonstherefore legitimatelyexpectedto be grantedfull independence in 1960giventhat their country hadbeenself-governing since1954. 18. Basic self-governmentinstitutionswere in place: a Governmentheadedby the Premieras Leaderof Governmentbusiness;a bicameralparliamentconsistingof a Houseof Assemblyand a Houseof Chiefs; an Official Oppositionin parliament;a Judiciaryheadedby a Chief Justice;a Civil Service;anda police force.The systemin place was a democratic and accountable dispensation; a Westminster-type parliamentarydemocracy.In 1959whenthe term of office of the incumbentPremier came to an end peacefulfree, fair and transparentelectionswere organized.The oppositionwon and therewas an orderlytransferof powerto the in-comingPremier. Consistentlywith the parliamentarysystemof governmentthe out-going Premier becameLeaderof the Oppositionin parliament. 19. On I October 1960 the SouthemCameroonswas separatedfrom Nigeria. The SouthernCameroonsConstitutionOrder in Council came into force. By 1960 the SouthernCameroonshad attaineda full measureof self-government. Indeed,from I October1960up to 30 September1961it was a full self-governing territoryfully responsiblefor all its internal affairs, exceptfor defenseover which matter,along with foreignaffairs,Britain continuedto exercisejurisdiction. 20. Quite apartfrom the fact that the territory had internationalpersonalityby virtue of its statusas an intemationaltrust territory,the SouthemCameroonswas a statein the processof being born and was known by the sovereignnameof Governmentof the SouthernCameroons.Its sovereigntywas in abeyancewaiting to emergeat the momentof its expectedindependence. French Camerounachievesindependence asRepubliquedu Cameroun 21. On 1 January1960,the contiguoustenitory of FrenchCameroun,also a classB trust territory,achievedindependence from France,the chronicon-goinganarchyand terrorismtherenotwithstanding. The Frenchhad decidedthat 1960wasto be the year of independence' for its African colonies. 22.FrcnchCamerounachievedindependence underthe nameandstyleof Republique du Camerounwith Mr. Ahmadou Ahidjo as its President.It was admitted to membershipof the UnitedNationson20 September1960.

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 languagein which it is expressed.Accordingly, for the avoidanceof confusion,that country(the RespondentStatein this matter)shall,throughoutthese proceedingsbe referredto by its official denomination'Republiquedu Cameroun' exceptwherethe contextdictatesotherwise. Plebisciterecommendedby UN 24. On 13 March 1959 the GeneralAssemblyadoptedResolution1350 (XIID recofilmendinga plebiscitein the SouthemCameroonsinsteadof the granting of independence right away.This wasfollowedby anotherGeneralAssemblyresolution, 1352 (XIV) of 16 October1959,orderinga plebisciteto be held in the Southern Cameroons "not laterthanMarch 1961". The peopleof the SouthernCameroons were 'achieving to pronounce themselveson independence'by the two dead-end alternativesof Joining' Nigeriaor Republiquedu Cameroun. tWe are not annexationistsn 25. In 1959someperceptiveminds in the Trusteeship Councilexpressed concems that after attainingindependence on 1 January1960Republiquedu Camerouncould try to annexthe SouthernCameroons. The Premierof FrenchCameroun,Mr. Ahidjo, denied any such intention or the possibility of any such action on the part of independent Republiquedu Cameroun.At the 849thmeetingof the FourthCommittee of the [IN, Mr. Ahidjo took the floor and gave the UN the solemnassurancethat Republique du Cameroun is not annexationist.He declared: "'We are not annexationists. ... If our brothersof the British zonewish to unite with independent Cameroun,we are ready to discussthe matter with them, but we will do so on a footingof equality." 26. In June 1960 he told the 'Agence PresseCamerounaise': "I have said and repeated,in the nameof the Govemment[of Republiquedu Cameroun],that we do not haveany annexationist design." 27.ln July the sameyearhe againreassured the internationalcommunitythroughthe 'oFor same press: us, there can be no question of annexationof the Southern Cameroons. We haveenvisageda flexible form of union,a federalform." 28. Later eventswere to showthat he took the UN. the intemationalcommunitvand the SouthernCameroons for a ride. Plebisciteprocesssetin motion 29. On 31 March 1960the Trusteeship CounciladoptedResolution2013 (XXVD requestingthe UK Government"to take appropriatesteps,in consultationwith the authoritiesconcerned,to ensurethat the peopleof the Territory are fully informed, beforethe plebiscite,of the constitutionalarangementsthat would haveto be made, at the appropriatetime, for the implementationof the decisionstaken at the plebiscite."

30. Resolution2013 saddledthe UK Governmentwith a duty to ascertainfrom both Nigeria and Republique du Camerounthe terms and conditions under which the SouthernCameroonsmight be expectedto Join' either of them. After making the ascertainmentBritain was duty bound to inform the people of the Southern Cameroons,well beforethe plebiscite,of the conditionsof Joining' offeredby each of the two concernedStates. 31. Given the artful dilatorinessof the UK Governmenton this issuethe Southern Cameroonsenteredinto directtalks with Republiquedu Cameroun.Severalroundsof talks were held betweenAugust and December1960. Thesetalks resultedin an Agreement(expressedin the form of Joint Declarationsand Joint Communiqu6s) signedby Mr. JN FonchaandMr. AhmadouAhidjo, the respectivepolitical leadersof the two countries,andpublished. 32.ln the meantimealso,in early October1960,the British Secretaryof Statefor the Coloniesheld talks in London with a delegationof SouthernCameroonsMinisters and membersof the Opposition.The aims of the talks included elucidatingthe meaning of the phrase 'to achieve independenceby joining Republique du Cameroun'. 33. The Secretaryof Stateput forwardthe following interpretationas consistentwith the plebiscite alternative of Joining' Republiquedu Cameroun:"the Southem Cameroonsand the CamerounRepublicwould unite in a FederalUnited Cameroon Republic.The arrangements [for the union] would be workedout after the plebiscite by a conferenceconsistingof representativedelegationsof equal statusfrom the Republicand the SouthernCameroons. The UnitedNationsand the United Kingdom would alsobe associated with this conference." 34. Both the SouthernCameroonsand Republiquedu Camerounagreedto this interpretation. Pre-Plebiscite Agreement 35. The signed and publishedAgreementbetweenthe SouthernCameroonsand Republiquedu Camerounprovidedthat in the event of the plebiscitevote going in favour of "achieving independenceby joining" Republique du Cameroun,the following would be the broadtermsof the Joining': The SouthernCameroonsand Republiquedu Camerounwould unite to createa FederalStateto be calledthe 'FederalUnitedCameroonRepublic',outsidethe British Commonwealthandthe FrenchCommunity; The componentstatesof the Federationwould be the SouthernCameroonsand Republiquedu Cameroun,legallyequalin status; Each federatedstate would continue to conduct its affairs consistentlywith its colonially inherited state-culture,with only a limited number of subject matters concededto the Union govemment;

Nationalsof the federatedstateswould enjoyFederalCameroonnationality; The Federationwould havea bicameralParliamentconsistingof a FederalSenateand a FederalNationalAssembly;andfederallawswill only be enactedin sucha way that no measurescontraryto the interestsof one statewill be imposedupon it by the majority. TheAgreementalsostipulatedasfollows: Constitutionalarangementswould be worked out after the plebiscite by a post delegationsof equalstatusfrom the plebisciteconferencecomprisingrepresentative with the United andRepubliquedu Cameroun,in association SouthernCameroons KingdomGovemmentandthe UnitedNations; The post-plebisciteconferencewould have as its goal the fixing of time limits and conditionsfor the transferof sovereigntypowersto an organizationrepresentingthe futurefederation; Those entrustedwith the affairs of the united Cameroonwould put the would-be federal constitutionto the people of the SouthernCameroonsand Republiquedu Camerounto pronouncethem on it; and until constitutionalarrangementswere workedout, the UnitedKingdomwould continueto fulfill her responsibilityunderthe Agreementregardingthe SouthemCameroons. Trusteeship 36. On December24, 1960,Republiquedu Camerounsent a Note Verbaleto the British Govemmentreiteratingits commitmentto this Agreementandreconfirmingits "on the basisof a Federation". desirefor unionwith the SouthernCameroons 37. The Agreementbetweenthe SouthernCameroonsand Republiquedu Cameroun therein was madeavailableto the UN and the UK Government.The representations 'The Two Alternatives',a booklet preparedby the containedwere reproducedin published and widely circulated in the Southem United Kingdom Government, Cameroonsin pursuanceof Resolution2013 with a view to informing the Southern Cameroonselectorateof the constitutionalimplicationsof the altemativesofferedin 'was the interpretation of the in'The TwoAlternatives theplebiscite.Also reproduced 'altemative' of put the British forward by Republique du Cameroun Joining' Secretaryof State for the Colonies and concurredwith by both the Southern CameroonsGovernmentand Republiquedu Cameroun.The bookletwas widely used campaigns. duringthe plebisciteenlightenment by joining Republiquedu Cameroun"was 38. The phrase"to achieveindependence thereforeclearly understoodby all concerned(the UN, the UK Govemment,the SouthernCameroonsGovernment,andthe Republiquedu CamerounGovernment)to andthen form, on the meanthat the SouthernCameroonswould attainindependence footing of legal equality, a federalunion with Republiquedu Cameroununder an agreedfederalconstitution. limited plebiscitetook place in the 39. On 1l February1961 the UN-supervised political statusto enablethe people plebiscite on The votewasa SouthemCameroons. to national progressfrom full measureof self-govemment of the SouthernCameroons 'by joining' independence in favour of achieving The vote went independence, Republiquedu CamerounratherthanNigeria.

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... decidedto achieve independenceby joining the independentRepublic of Cameroun"; ! Consideredthat "the decision made by them through a democratic processunder the 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,on 1 October 1961,upon itsjoining the Republic of Cameroun";and ! 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 necessitatedby the need to facilitate the retum of a part of the territory of Republique 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.

MP in the SouthernCameroonsparliamentwas 53. In l962Mr. ZachariahAbendong brutally murderedin the vicinity of Kekem in Republiquedu Cameroun.In the same gendarmemurderedin cold blood two SouthemCameroons year a Camerounese youthsarbitrarilydetainedby the verygendarmesinthe SouthernCameroons town of of thesemurdersand the Bota. Therewas neverany inquiry into the circumstances soldierswho carriedout thoseextra-judicialkillings wereneverbroughtto book. Onsetof the armed occupationof the SouthernCameroons 54. On 25 September1961the British Queenissueda proclamationdeclaringthat the British Government"shall as from the first day of October 1961 ceaseto be responsiblefor the administration of the Southern Cameroons."The British Govemmentthen beganto withdraw its personnelfrom the territory, culminatingin the departureof its troopson September30th 1961.The territory was left defenseless as it had no military force of its own. Republiquedu Camerounmovedin its military Those of the Governmentof the SouthernCameroons. forceswithout the concurrence forcesoccupiedthe territory and haveremainedin occupationsincethen, a situation from belligerentoccupation. indistinguishable 55. On 1 October1961the British Governmentandthe UN washedtheir handsoff the SouthernCameroons,leaving the political statusof the territory and the fate of its peoplein limbo. The British Govemmentdeclaredthat "the SouthernCameroonsand its inhabitants were expendable."(Declassified Secret Files on the Southern P.R.O.,London)The auitudeof the LIN is all the moresurprisingwhenit Cameroons, is recalledthat the World Body had drafted constitutionsfor the Ethiopia/Eritrea federationandalsofor what is now the DemocraticRepublicof Congo. 56. On that same day a de facto CameroonFederationcame into existence. Sovereignty over the Southem Cameroons that had supposedly achieved independence on that day was neverhandedover to the Governmentof the Southern Cameroons(which would thenhavehandedit to a legitimatefederalgovernment)but apparentlyto Mr. Ahidjo, Presidentof Republiquedu Cameroun,and the selfdeclaredheadof a yet-to-be-formed federalgovernment. Revealingprovisionsof de facto federalconstitution 57. The 'Federal Constitution' unilaterally drafted and enactedby Republiquedu Camerouncontainedsome revealingprovisions.The Presidentof Republiquedu Cameroungavehimself absolutepowersunderArticle 50 to rule by decreeduringthe first six monthsof the federation.Article 54 madeprovision for the compositionof federalparliamentarians in proportionto the numberof inhabitantsof eachFederated Statein the ratio of oneparliamentarian to 80,000inhabitants.The constitutionput the population of the SouthernCameroonsat 800, 000 and that of Republiquedu Camerounat 3, 200, 000, thus yielding 10 parliamentariansfor the Southern Cameroonsand 40 for Republiquedu Cameroun,in the FederalNational Assembly. This inconsequential'representation'was designedto ensure that the Southern Cameroons influencedneitherlegislationnor policy in the federation 58. Article 56 enactedthat "on I October1961the Governmentof the Republicof 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 andresearchcentre(first known by the Cameroun,deceptivelynameddocumentation acronym DIRDOC then later SEDOC and finally CND), were extendedto the SouthernCameroonstogetherwith infamoustorture units called 'Brigade Mobile Mixtes' (BMM). These structurestortured or disappearedpersonswho dared to opposethe political statusquo. Among the SouthernCameroonianvictims of these structuresis Mr. Mukong who miraculouslysurvived twelve years of gruesome detentionandtortureandwasable,in his bookPrisoner WithoutA Crime,to recordin graphicdetailfor posteritythe frighteningmodusoperandiof theseoutfits. 67. As early as December 196l another ordinance extendedto the Southem Cameroonsthe systemof civilian-targetedmilitary tribunalsexisting in Republique of the peopleof the tenitory. A permanent du Cameroun,much to the consternation Like thosein military tribunalwas setup in Buea,capitalof the SouthernCameroons. Republiquedu Camerounit was composedof a civilian magistrateand two army officers,citizensof Republiquedu Cameroun.It hadjurisdictionto try civiliansfor an array of ill-defined offencesunderthe subversionordinanceand other decrees,such as subversiveactivities,offencesagainststate security,possessionof fire-armsor ammunition,contemptof the President,ridiculing public authority, inciting hatred againstthe Govemment,disseminationof false news, and any offenceof whatever (a naturein an areasubjectto a stateof emergencyor otherexceptionalcircumstances committed stateof emergencyhad early beendeclaredover the SouthernCameroons) evenby civilians. 68. High profile casesof SouthernCameroonianstried in Buea or Yaoundd(in Republiquedu Cameroun)include the officer of police, InspectorNdifor; the 143 Bakossipeoplearrestedin Tombelin 1966;the journalistsMartin Yai, J.F Dweller, Martin Che, Peter Etah Oben; and the publisher SN Tita. In a CameroonTimes publicationof February1970the journalistsexpressedthe generalsentimentsof the peopleof the SouthernCameroonswhenthey observedthat the Camerounese forces in the SouthernCameroonswere by their conductindistinguishablefrom colonial forcesof occupation. 69. The stateof emergencyprovidedandcontinuesto providethe 'legal' basisfor the military forces of Republiquedu Camerounto subjectthe people of the Southem Cameroonsto all kinds of abuse,terror and harassment. Takentogether,the active the state of emergency, the ubiquity of the 'force armee et enforcementof gendarmerie',the indiscriminateapplicationof the subversionordinance,and the activitiesof the military tribunalsand the secretpolice had the effect of unleashinga veritablereign of terror in the SouthemCameroons. The'ratissage'(cordonand searchoperation) 70. A typical methodof abuse,tortureand otherinhumanand degradingtreatmentis the 'ratissage'(or'caler-caler',in the languageof thoseforeignforces).A methodof psychologicalwarfareusedby the Frenchto enforcetheir colonial rule in Vietnam, Algeria and French Cameroun,the 'ratissage'is a cordon and searchoperation, encirclementand dragnet maneuvers,periodically carried out by military forces againstthe population.

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 resistanceto Republique du Camerounoccupationwould be futile. 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 'commissariatde police' or 'brigade de la gendarmerie'for 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 necessitatea fundamental changeof the constitution of Republique du Cameroun,but 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 SouthemCameroonshad only a small and token presencein all the three branchesof government,executive,legislative,judicial and thereforecould not take or influenceanypolicy decision; ! The military and police havealwaysbeenentirely Frenchin training and language andhavealwaysbeena Republiquedu Camerouninstitution; ! Mr. Ahidjo, Presidentof Republiquedu Camerounand the self-appointedfederal Presidentcarvedthe federationinto six administrativeregions,each headedby an 'Inspecteur federal d'administration' nativeof Republiquedu Cameroun,along the 'constitutionally'established two constituentfederatedstates,eachheadedby a Prime Minister. The Southern Cameroons was decreed an administrative region. Taxonomicallythis meantit was concurrentlya federatedstate(self-governing)and an administrative region (under Republique du Cameroun tutelage, for the 'Inspecteur ' was alwaysa citizen of Republiquedu Camerounappointedby Ahidjo anddirectlyanswerable to him; andhis office wasdeemedto be superordinateto that of the Prime Minister of the Southern Cameroons).Ahidjo thus created an administrativesystemthat basicallyignoredthe underlyingprinciple of federalism. He did this to keepup the fiction that the SouthernCameroons was indeedpart of the territoryof Republiquedu Cameroun; ! Ahidjo gnawedinto such powers as the SouthemCameroonshad and basically powers,thus making it dependenton federalsubsidies deprivedit of revenue-raising grudgingly and erratically allocated. The Southern CameroonsPrime Minister deploredthis systemof ad ftoc subsidiesand wonderedaloud how a state could developby itself accordingto its prioritiesif it cannotknow how muchrevenueit has at its disposal. ! Ahidjo arrogatedto himselfthe powerto appointanddismissthe PrimeMinisterand Ministersof the Governmentof the SouthernCameroons notwithstandingthe fact that the stateoperateda parliamentarysystemof govemment. ! The SouthemCameroonswasorderedto switchover from left to right handdriving. The unit of moneyin the SouthernCameroonshad all alongbeenthe pound.In 1962 it was abolished.The franc CFA in usein Republiquedu Camerounwas over-valued in relationto the poundandthenextendedto the SouthernCameroonswith disastrous consequences for the SouthemCameroonsGovemmentand for individualswho had savings. ! In 1966Ahidjo, a consunmatemanipulator,deceitfullymanoeuvered the political parties in the SouthernCameroonsand decreeda one-partystate,thereby ending multiparty politics in the SouthernCameroons.The strangleholdof Republiquedu Camerounoverthe SouthernCameroons wasnow virtually complete. ! Republiquedu Camerounalso set about destroyingthe economicbase of the SouthernCameroons.Bananas,exportedto Britain underCommonwealthpreference tariffs, were a major sourceof incomefor the SouthemCameroonsGovernment.By bringingthe SouthemCameroonseconomywithin the customszurangement of what is in effect still French EquatorialAfrica the preferentialtariffs were ended.The Frenchpreferredto buy bananasfrom French-ownedcompaniesin Republiquedu

"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 SouthernCameroonsare appointed,if at all, asa matterof grace,andthento subordinate positionsasassistants or deputiesto nationals of Republiquedu Cameroun.Moreover, key ministries ('ministeresde souverainete ) and officesare,as a matterof policy, out of boundsto nationals of the Southem Cameroons.These include the republicanpresidency, secretarygeneralat the presidency,the commanderof the armed forces, directorgeneralof 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,and ambassadorship to Nigeria, France,Britain, United Statesand the UnitedNations. Uncheckedpowersconferredon Camerounese 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'(laterrenamed'gouverneurs) andto the 'prefets'in the Napoleonstyle prefect systemhe had imposedin the SouthemCameroons.They were given absoluteanduncheckedpowerswithin their administrativeareas,includingthe power to torture,to detainindefinitely,to confiscateproperty,to control the movementof personsand goods,to censorthe press,and to disperseany assembly,prohibit any meeting,and disbandatty association.The 'gouverneur' and 'prefef continueto exercisethesearbitrarypowersto this day,uncheckedby law or morality. 82. In 1966Ahidjo resolvedto Balkanizethe SouthemCameroonsand to fuse the areasthus cut up into contiguousregionsin Republiquedu Cameroun.The objective was to procurethe completeextinguishmentof the SouthemCameroonsboth as a political and as a unitary territorial unit. Somehowa SouthernCameroons journalist, 'Cameroon Mr. EmmanuelEpie, got wind of the plan and publishedthe story in the Mirror'. The PrimeMinister andpeopleof the SouthemCameroons werefurious.The Govemmentof the SouthemCameroonsissueda pressstatementstatingthat sucha move would be completelyunacceptable. Ahidjo quickly deniedany plansto absorb the SouthernCameroons into Republiquedu Cameroun. The Tombelpogrom 83. In Republiquedu Cameroun,an insurgencygroup (variouslyreferredto as '/es maquisards','les terroristes'or'lo rebellion) operatingsincethe 1950shad been fighting the French colonial authoritiesand later the Ahidjo govemment,in that country.In December1966,shortlybeforeChristmas,somemembersof the terrorist group,nativesof the Bamileketribe, crossedthe borderinto the SouthernCameroons andkilled four Bakossivillagersin Tombelfor no apparentreason. The Bakossiventedtheir angeron residentBamileketribesmen.(Thesewere among thousandsof refugeesfleeing relentlessrepressionin their native Republiquedu Cameroun,and who had soughtasylum in the safetyof the SouthernCameroonsand weregivensanctuaryin Bamenda,Kumba,Tiko, TombelandVictoria asmigrants.) 84. The Bakossiretaliationresultedin two or three casualtiesand the destructionof some property.A civilized governmentwould 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

status.But Ahidjo choseto makehis 'referendum'a generalaffair. The ploy was an insurancecoverto makesurethat evenif the peopleof the SouthernCameroonswere to vote 'no' that vote was going to be overwhelmedby the crudemajoritarian'yes' vote of the peopleof Republiquedu Camerounwho had all alongnursedthe ambition to absorbthe peopleof the SouthernCameroons. 91. In any event,throughouthis despoticrule 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.In view of the fact that the result of the so-calledreferendumwas a foregoneconclusionandthat the formal annexationof the SouthernCameroons would in fact alreadyhave been accomplishedby the time of the 'referendum',the said 'referendum' could have been no more than a gimmick for the benefit of the intemationalcommunity. 92. Ahidjo's speechin effect amountedto a decreesackingthe Governmentof the SouthernCameroons andthe overthrowof the federalgovernment.MinistersandMPs simply packed their personalbelongingsand scamperedaway in fright. Neither parliamentin the SouthernCameroonsnor the federal assemblydared to resume sitting in orderto debateAhidjo's speechor to disposeof any pendingbusinessor to formally dissolve.Ahidjo would later boastthat he had carriedout 'une revolution'. Sincethe de facto federationwas declaredendedit was doubtfulwhat entity Ahidjo wasPresidentof. 93. Ahidjo and his confederatessecretlydrafted a constitutionand had it secretly typed by Ahidjo's tribesman,OusmaneMey. The French law Professor,Maurice Duverger, was then fetched from Paris to review the document.The political leadershipof the SouthernCameroonswas not eveninformedof what was going on. Therewasnot eventhe pretenceof a public debateon that document.Before'voting' day on May 20th the generalityof the peoplehad not evenseenlessstill studiedthe contentsof that document.Yet the long-windy referendumquestionaskedpeople whether they approvedof his unitary constitution instituting what he called 'la republiqueunie du Cameroun'. 94. In a well-choreographedexercise, including 'motions of support' usually generatedby the Camerounesepresidencyand ministry of internal affairs (the ministry responsiblefor organizing 'elections' and fixing their results), Ahidjo claimeda 99.999%approvalof his coup. Takencompletelyunawares,the Southern Cameroonswas unable to come up with a response,dismissingthe exerciseas a charade, sayingthechoicewasbetween'oui' and'yes'. 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 presidentialismthat existsin Republiquedu Camerounto this day.In his 'constitution'of 2 Jwrc1972he officially annexedthe SouthernCameroons to Republiquedu Cameroun.He then embarkedon a processof systematicallydismantlingthe political and economicinstitutionsof the SouthernCameroons,plundering its natural resourcesand under-developingthe 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 accessto almostall the SouthernCameroonscommunitiesalongthe borderwith Nigeria areaccessibleonly from Nigeria andmanyof thosecommunities haveaccessonly to Nigerian educationaland healthfacilitates,and usethe Nigerian curency in commercialactivities. ! The SouthernCameroonsis purposefully isolated from the rest of the world physically(lack of roadsandreliabletelecommunication network)andin international relations. The SouthemCameroonscannotenter into any relationsof any kind whetherwith statesor non -state entities.It lacks locus standi before the ICJ to challengethe colonialstatusimposedon it by Republiquedu Cameroun. ! Overthe yearsfinancialandotherestablishments setup by the Governmentof the Southern Cameroonsas well as private businessesby Southern Cameroons businessmenhave all been purposefully and systematicallysnuffed out: the DevelopmentAgencywas destroyed;the CameroonsBank (CAMBANK) wasmoved to Republiquedu Cameroun,lootedand then closeddown; the MarketingBoardwas looted and its financial reservesof over 78 billion cfa francs (approx. USD160 million) misappropriated with impunity; the Electricity Corporation(POWERCAM) was closeddown, its assetsconfiscatedand the hydro-electricityinstallationsin the tenitory demolished;the CameroonsTimber 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 Republiquedu Camerounand then were deliberately starved of credit and squeezedout; agro-industrial establishments suchas SantaCoffeeEstate,ObangFarm Settlement,and Wum Area DevelopmentAuthority 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 ! Republiquedu Camerounhascontrivedto grabSouthernCameroon'sonly surviving industry,the CameroonsDevelopmentCorporation(CDC), underthe thin disguiseof privatization.This move has in effect dashedthe legitimate expectationsof the indigenousowners of the land occupied by the CDC to eventual recover their ancestrallands. ! Althoughoil and gascomefrom the SouthernCameroonsno oil storagefacility has beenconstructedin the territory.Refinedpetroleumproductis takenfrom the refinery at Victoria by tankersto Republiquedu Camerounand from therea little quantityis then broughtback to the SouthernCameroonsfor retail saleat priceshigher than in Republiquedu Cameroun.All oil revenuesgo directlyto Republiquedu Cameroun.In fact the oil businessis considereda presidentialpreserveanda secret,andis managed like the privatepropertyof the Presidentof Republiquedu Cameroun.By and large citizensof the SouthemCameroonsarenot allowedaccessto this industry,especially accessto key andstrategicpositions. ! Foreigninvestorsintendingto investin the SouthemCameroonshavealwaysbeen coercedto investin Republiquedu Camerouninstead.For example,the oil company

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. It has no constitutional bill of rights. It has nevsr had an independentjudiciary. 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, cultural groups and individual politicians addressedpetitions to the Yaound6 regime 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

denominationhad officially not beenin use since I October1961.That law by Biya alsoconfirmedthe formal colonizationof the SouthemCameroons. The Constitution of Republiquedu Camerounprovides in article I that "The united republic of Cameroun shall be denominatedRepublique du Cameroun." The Southern Cameroonsis nowherementionedthroughoutthe Constitution.Englishis a language Republiquedu Camerounhasmerely 'adopted'as beingof the samevalueas French its actualofficial language Noticeon the eventuil restorationof the independence and statehoodof the SouthernCameroons 99. The responsefrom SouthernCameroonians was swift. Fon Gorji Dinka,Barristerat-Law, of Lincoln's Inn, publisheda pamphletcalled The New Social Order. The booklet detailedthe illegalities Republiquedu Camerounhas been guilty of since l961andpointedout that no valid constitutionalor other legal basisexistseitherfor the associationof the two formertrust territoriesor for the assumptionby Republique du Camerounof jurisdiction over the SouthernCameroons.It informed that the SouthemCameroonsshall never acceptcolonial rule, be it Black. It advisedthe Yaound6Governmentthat if Republiquedu Cameroundesiredto associatewith the SouthernCameroonsthen the two countrieshad to fully agreeon the termsof such association.It arguedthat the formal revival of Republiquedu Camerounipsojure entailedthe formalrevival of the SouthemCameroonsaswell. 100. Banister Dinka cautionedthat if Republiquedu Camerouncontinuedto turn a deaf ear;the SouthernCameroonsshall be left with no otheroption than to proclaim its separateindependence underthe nameand style of 'Republic of Ambazonia'to avoid any confusionbetweenthe former British-administered UN Trust Territory of the SouthernCameroonswith the southem province or region of Republic du Cameroun. 101. BarristerDinka was immediatelyarrested,held in solitary confinement,then transferredto the dreadedBMM, put through the motion of a trial by a military tribunal,andthenplacedunderhousearrestfrom wherehe managedto escapeabroad andstill lives in exile in Europeto this day.

Continuingrevolt 102. Throughoutthe 1980sthe peopleof the SouthernCameroons,as individualsor as groups, continued to revolt against what was now openly characterizedas annexationby Republiquedu Cameroun. 103.The revolts,especiallyby parentsandschoolchildrenfrom primaryto University level, intensified when Biya decreedthe abolition of the General Certificate of Education(GCE) examinationand thus the English-based educationalsystemin the SouthemCameroons,and substitutedfor it the Frencheducationaland examsystem. 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 complicity of the Yaound6regime;all the more so as on the day in questionmasked military personnelof the powerin questionwerealreadyat the sitewith scientificand medicalequipment.Accordingto this versionthe remoteness of Nyos with not evena dirt road or other means of communicationand the Govemment attitude that the haplessvillagerswereexpendable madeit an idealtestingsite. 110. The Nyos gaskilled humansand animalsinstantlyon contactbut did not affect the vegetation.No commissionof inquiry was ever set up to look into what really happenedat Nyos. Scientists,local and foreignheld a scientificforum in Yaound6to determinescientificallythe natureand origin of the Lake Nyos gas. After days of work the scientistscouldnot agreeon a theoryandthe meetingendedinconclusively. 111. Meanwhile,aid (includingmoney)from relief agenciesand donorsintendedfor villagersof adjoiningvillageswho had to flee whennewsof the disasterspread,was plunderedin Yaound6.Only a trickle reachedthe intendedpersons.Speakingfor the Yaound6regime, its interior minister Mr. Menguemesaid that those unfortunate peopleweretoo primitive to makegooduseof the aid destinedfor them.To this day the Nyos victims remainabandoned to their fate.No commissionof inquiry was ever setup to investigatethe widespreaddiversionof relief aid by governmentofficials. The butcheryand maimingin Bamenda ll2. By 1989the choicesfacing the peopleof the SouthernCameroonsto recover their dignity and self-worthas a sovereignpeoplewere limited: a generalrevolt with the likelihoodof a bloody suppression; a war of nationalliberationentailinga central leadershipanda war effort; or defianceof the ban on the formationof political parties and createa political party to unite the peoplepolitically and fight for the peaceful decolonizationof the land. ll3. The choicefell on the third option and this led to the emergenceof the Social DemocraticFront (SDF) political party in Bamendain May 1990. Republiquedu Camerounmoved an entire baffalionof its troops into the city of Bamendawith a missionto forcibly preventthe launchingof the party. 114. On the day of the launchthe soldiersshot and killed six peopleand seriously woundedscoresof others.In other parts of the SouthernCameroonsseveralarrests were made and at the University of Yaound6SouthernCameroonsstudentswere 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 contestedthe presidentialelectionsin Republiquedu Camerounand, accordingto well-informedand dependablesources,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 proceededto arrestkey SDF officials, 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 Camerounesemilitary, 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 independenceand 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 independenceand 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

darkness,severelytorturedand held in solitary confinementat a military facility for 14 monthsbeforebeingreleasedin the faceof sustainedpressurefrom especiallythe Diasporaaswell asfrom the internationalcommunity. SouthemCameroons Biya's attemptat brainwashingthe peopleof the SouthernCameroons 122. Acutely aware of the separateidentity of the SouthemCameroonsand that Republique du Camerounremains a foreign land in relation to the Southern andattempted Mr. Biya went to Buea,capitalof the SouthernCameroons Cameroons, to get the peopleto identifr themselveswith the peopleof Republiquedu Cameroun. He told the rentedcrowd to repeatafter him: "I am a Camerounian,I was bom a andI will die a Camerounian." Camerounian 123. This was an attempt to redef,rnethe identity of the people of the Southern andto re-writetheir history. Cameroons l24.It speaksvolumesthat Mr. Biya neverrepeatedthis sameexerciseanywherein Republiquedu Cameroun.He did not becausethe people of that country are Remindingthem that they are would have been redundant,if not Camerounians. nonsensical.

No let-up in killing, maiming and torture 125. Meanwhile the abuse,abduction,detention,torture, maiming and killing of citizens of the SouthernCameroonscontinuedwithout respite. For example,in November1992Republiquedu Cameroungendarmeofficersfor dayson endtortured a young businessexecutiveCheNgwa Ghandiuntil he died; on Thursday25 March 1993 Republiquedu Camerounsoldiersopenedautomaticmachinegun fire on a in Bamendakilling threeand woundingtwenty. On groupof peacefuldemonstrators the 18th and 25th of March the same year, in the course of peaceful political 46 citizensof the SouthernCameroonswere abducted,torturedand demonstrations left with severeinjuries. Around the sametime Mr. Umaru's three children were in Bamenda. disappeared 126.OnMonday23 December1992,the BamendaHigh Courtorderedin RulingNo. HCB/CRI\{/92that 173personsdetainedand torturedat the secretpolice tortureunit known as BMM be released.In contempt of the court's decision the Yaound6 Governmentdisobeyedthe court order. It orderedthe detaineesto be moved to Yaound6.On December27 the 173 men and women were moved under the most inhumaneanddegradingconditionsof transportationimaginableto Yaound6to stand trial beforea Republiquedu Camerounmilitary tribunal in a languagethey did not andundera law to which they werea completestranger. understand 127. ln 1995, Paddy Mbawa, a well-known SouthernCameroonsjournalist was abducted,taken to the city of Douala in Republiquedu Camerounwhere he was put throughthe motion of a 'trial' beforebeing severelytorturedand subsequently jailed for a year.

128. In 2001 there were at least 2 Southem Cameroons citizens among the nine people who were disappearedby the military in Douala in what becameknown as the 'Bepanda Nine'. In the same year Republique du Cameroun soldiers murdered 4 youths in the Southem Cameroons town of Kumbo during a peaceful celebration marking the 40th anniversaryof Southem Cameroonsindependence.In 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 du Camerounfor their belief in the self-determinationand independenceof 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 Southem Cameroons,99yo voted for independence.During the signature referendum exercise a number of individuals were either arrested and well tortured or disappeared.Among them are Abel Apong and Chrispus KeenebieEchikwa who were 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 degree(what the Camerounesepressitself calls 'intercogation musclee).Eighty-seven 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 Camerounesemilitary 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 of a construction company. 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 detaineesas prisonersofconscience.

142. Many of the accuseddied of torture beforethe pretendedtrial was over. The others received pre-determinedlong sentences.The continuing torture of these persons and the very deplorable conditions under which they are deliberately subjectedis indistinguishablefrom 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 decapitatethe SCNCleadership 143.In 2002the entirehome-based SCNCleadershipwasarrestedfor organizingand leading celebrationsto mark I Octoberas the independence day of the Southern Cameroons.They were detained,torturedand humiliatedand subsequently charged with disobeyingthe orders of the 'prefet'and the ogouverneur'. The Bamenda Magistrates'Courtfoundthat the accusedwereguilty of no wrongdoingandacquitted them.But, actingon ordersfrom the Yaound6regimethey werepromptlyre-arrested within the courtpremisesandtakenbackto prison.Followinga successfulapplication for habeascorpus,the BamendaHigh Courtorderedthe releaseof the applicants. Onceagainthe Yaound6Govemmentrefusedto obeythe courtorder. 144. This sparkeda wave of popularrevoltsin the territory promptingthe releaseof the detainees.But not before the detaineeshad been so severelytortured that the elderly oneshad to seekmedicaltreatmentabroad.A few monthslater, the highly respectedand loved SCNC leader,Dr Martin Luma, succumbedto the ill-treatment inflicted on him and that had aggravatedhis frail conditionas an elderlyperson.He expireda few monthslater. 145.In Kumbo and Bamendathe military openedfire at peacefulmarchersandkilled threeand woundingseveralothers.The SCNC leadershipcontinuesto suffer arrests anddetentions,harassmento humiliationandvariousformsof ill treatment. 146. As recentlyas August 2004 the pressin Republiquedu Camerounreporteda conspiracyby top military and govemmentofficials from PresidentBiya's tribe to assassinate His EminenceChristianCardinalTumi. The reportindicatedthat Biya was awareof the plot. It speaksvolumesthat therehasbeenno reactionfrom Mr. Biya or his govemmenteitherdenyingthe pressreportsor institutingan inquiry to investigate the claim. The well-respectedCardinal is from the SouthemCameroonsand is a knowncritic of the Yaound6regime. Forty yearsof unremitting bloodyrepression 147. More than forty yearsof patientdeputationand petitioningby the peopleof the SouthernCameroons to the colonialGovernmentof Republiquedu Camerounseeking a consensualdecolonizationof the SouthemCameroonshas met with more and intensifiedmilitarizationof the tenitory, abductions,arbitraryarrestsand 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 reasonableprospectswhatsoeverfor consensualdecolonization.

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"to eradicateall forms of colonialismfrom Africa" and their conviction that 'ofreedom,equality, justice and dignity are essential of the legitimateaspirationsof the African peoples." objectivesfor the achievement 157.The ban on colonialismis thus not only on White rule over colonizedlandsthat exist acrossthe oceansoverseas,but includes Black on Black colonization.The Southern Cameroonscase shows how an African colonially minded State has colonizedits less fortunateneighbour,notwithstandingthe fact that the colonizing by State was itself yesterdaya colonial territory and had achievedindependence assertingthe right to self-determination. 158.The factssetout in detailin PartI showa violation of the following humanrights underthe African Charteron HumanandPeoples'Rights: (a) Peoples'rights: equalityof all peoplesandfreedomfrom domination(art. 19),the right to existenceand to self determination(Nt.20 (l)), the right to freely disposeof wealth and naturalresources(art.2l (l)), the right to economic,social and cultural (art.22(1)),theright to peaceandsecurity(art.23 (l)), andthe right to a development generalsatisfactoryenvironment(art. 24); (b) Individual rights: the right to enjoy guaranteedrights 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 the right to freedomof association disseminate opinions(art.9(1X2)), right to freedomof assembly(art.11),the right to freedomof movement(art.l2 (1X2)),andtheright to education (art.17(1). Peoples'RightsViolated 159. The people of the former United Nations Trust Territory of the Southern Cameroonsunder British administrationconstitutea people within the meaningof intemationaland humanrights law. They are so referredin relevantUN resolutions plebiscite and other variousdocumentsregardingthe territory. A self-determination mandatedand supervisedby the UnitedNationswasheld in the SouthemCameroons. The UN in its decolonizationlaboursresortsto that processonly when it is satisfied territoryconstitutea peoplein the internationallaw that the inhabitantsof a dependent senseof the word. had internationalpersonalityby virtue of its statusasa 160.The SouthernCameroons territory underinternationaltutelage.Following its independence anddefacto federal associationwith Republiquedu Cameroun,the SouthemCameroonsbecamea halfsovereignstate and a qualified subject of internationallaw. It has a distinct and separateidentity. Its intemational borders are well defined by the following tenitorially groundedtreaties:the Anglo-GermanTreaty of 1913,the Anglo-French (Milne-Simon)Declaration of 1919,andtheAnglo-French Treatyof 9 January1931.

161. Given the territory's internationalpersonalityand its separateand 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 SouthernCameroonsattainedindependenceon 1 October 1961. 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,a people who, immediatelyprior to October 1961,had attained 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 SouthernCameroonsincludes the armedoccupationof the territory for over forty yearsalready;the total control of its economyandresources;the impositionof a foreignadministration;the imposition of foreign administrators;the imposition of an alien law and legal system;the impositionof an alienlanguagein the schoolsandpublic administration;the abolition of the SouthernCameroonsparliamentand government;the confiscationof all means of expressionfrom the people;and the imposition of direct rule by the colonizing State. 169. One consequenceof this domination is that the people of the Southem Cameroons havesufferedretrogression in status.Previouslyself-governingandon the samefootingof legalequalitywith the peopleof Republiquedu Cameroun,the people of the SouthernCameroonshavebecomea dependentpeople;a ward of Republique du Cameroun,an inferior anddetrimentalstatus. l7l.ltis well to recallthat the British Cameroons andFrenchCamerounhadthe same statusof a class 'B' trust territory; that British SouthemCameroonsbecameselfgoverningin 1954 and FrenchCamerounin 1958;that FrenchCamerounachieved independenceon 1 January 1960 under the name and style of 'Republique du Cameroun'and British SouthernCameroonsachievedindependence on 1 October 1961as the SouthernCameroons;that the separateidentitiesof 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 peoplesandterritories. 171.Article 19declares the legal'equalityof all peoples'.It placesan absolutebanon 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 andassumeda colonialsovereigntyoverthe SouthernCameroons. 172. The presentimposedde facto political inequality betweenthe people of the SouthernCameroonsand the people of Republiquedu Camerounis the result of dominationof the former by the latter.Republiquedu Camerouncannotthen set up the effectsof its colonial dominationof the SouthernCameroonsas the basisfor the conclusioneither that the SouthernCameroonsis part of its territory or that the SouthemCameroonsdoesnot exist as a political unit or otherwise.The maxim of the law is ex turpi cousonon oritur actio. 173.The dominationby the peopleof Republiquedu Cameroonviolatesthe collective right of the peopleof the SouthernCameroonsto govemthem selves,asthey seefit, to run their own affairs,to enjoythe samerespectas any otherpeople,andto control their own destiny.It violatestheir collectiveand individual rights to maintainand develop their distinct identity and characteristic,including the right to identify themselves asa sovereignpeople.

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 even a declaredintention to associate,not 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 by the latter people;by pleading somepolitical grounds;or by pleading '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 assistanceof the Statesparties to 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 extinguishmentof the peopleof the SouthemCameroonsas a people, their separateand distinct identity as a peoplewith their distinctiveworld-view and state-culture inheritedfrom the British, andtheir territory asan independent country. 183. It has plotted to fuse into contiguousregionsof Republiquedu Camerounthe territoriesof the SouthemCameroonsit has dismembered. It has also contemplated populationtransferfrom Republiquedu Camerounto the SouthemCameroonsso as to overwhelmthe lattdr'spopulation.It hasinitiatedand encouraged land grabbingin the SouthernCameroons by citizensof Republiquedu Cameroun. 184. Thesedesignsare aimed at making the peopleof the SouthemCameroonsa linguisticor culturalminority within Republiquedu Camerounso as to providesome substanceto the remarkablefalsehoodbeing peddledby Republiquedu Cameroun that the SouthemCameroonsissue is a domesticproblem of a minority within Republiquedu Camerounseekingto secede. 185.The unremittingandtotal dominationby the peopleof Republiquedu Cameroun partakesof political and cultural genocide.It is one thing for a peopleto dominate another.It is quite anotherthing altogethernot only to dominatethembut alsoto seek to ensuretheir completeextinguishment asa people. 186. Today the SouthemCameroonslies in ruins, fragmented,underdeveloped, and under the complete political, economic and military control of Republiquedu Cameroun.Its people are physically and psychologicallybruised,traumatizedand bannedfrom holding any meetingto discussmattersthat affect them as a people. Abduction,torture, disappearance, arbitrarydetentionsand extrajudicialkillings are their daily lot merelyfor complaining. 187. Republiquedu Camerounhas imposed in the SouthernCameroonsforeign administrators, a foreign administrativesystem,an alien language,and an alien legal system.Since 1972the SouthernCameroonshas no govemment,no parliamentand notjudiciary. All meansof expressionhavebeenconfiscatedfrom the peopleandthey arenot permittedto meetasa peopleandexpressthemselvesassuch. 188.This colonialconditionis the SouthemCameroons realitv. 2. The colonizationof the peopleof the SouthernCameroonsby Republiquedu Camerounin violation of the right of the peopleof the SouthernCameroonsto existenceas a peopleand of their right to selfdetermination(Article 20 (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 necessarilyguaranteehuman rights. Selfdeterminationis thusto a peoplewhat freedomis to the individual. 190.The self-determination peoplesis a pre-conditionfor the respectof of dependent question humanrights.Therecanbe no of individualhumanrightswhenit comesto a

people under subjugation, domination and exploitation. Colonialism, be it White or Black, atteststo this. 191. Article 20 (1) guaranteesto 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 inalienable right to self-determination and independence.They further have the right freely to determine their political status and to pursue their economic and social development. The variant of self-determination that the people of the Southern Cameroons seek is the restoration of their independence and statehood forcibly suppressedby Republique du Cameroun. 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 day; a separatepeople with no substantialethnic connection; a separatepeople with a separatevision; a separatepeople with a separateway of life; a separatepeople with

no common or similar cultural heritage; and a separatepeople with a separate aspiration. 198.The SouthemCameroonsis legally not a part of Republiquedu Cameroun.That countrydid not attain independence with the SouthernCameroonscomprisedwithin its territories. Nor did the two countries become conjoint and then achieve independence as a singleState.The intemationaltutelageagreements did not require joined. the two countriesto be And Republiquedu Camerounwas not granted independence on conditionthat it colonizedthe SouthernCameroons. 199.The avermentby Republiquedu Camerounthat the SouthernCameroonsis part 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 takeadvantageof his own baseconduct.The restorationof the unlawfully suppressed self-determinationof the Southern Cameroonsimpinges on no legal right of Republiquedu Cameroun 200. The Southern Cameroonsis currently under the colonial sovereignty of Republiquedu Cameroun.The assumptionof thatjurisdiction is impermissibleunder internationallaw. There is not one single instrumentof internationallaw or valid instrumentof its own municipal law that Republiquedu Camerouncan plead in justification of its colonizationand dominationof the SouthernCameroons.Thereis absolutelyno counton which Republiquedu Camerouncanshowwhy it hasassumed colonial sovereigntyover the SouthernCameroonsand is forcibly preventingthe peopleof the territory from exercisingsovereigntyovertheir God-givenland. 201, h would be pathetic and absurdto suggestthat the people of the Southern Cameroonssurrenderedtheir self-determination to Republiquedu Cameroun.First, self-determination is inalienable.Secondly,sinceto surrenderself-determination is in effect to ceaseto exist, no advantagecould possiblybe enjoyedby ceasingto exist! Thereis nothing in exchangefor which a people,acting as a people,can decideto ceaseto exist, that is to say,to lose their self-determination. Self-determination is a power. continuousexerciseof 202.lt is thus contradictoryto arguethat a peoplecan self-determine themselvesout of self determination.Yet this is preciselythe absurdityRepubliquedu Camerounis trying to sustain.The issuebeforethe Commissionis thereforeone of decolonization of the SouthemCameroonsfrom the foreign and colonial dominationof Republique du Cameroun. 203. The facts narratedin Part I show that the SouthernCameroonswas under intemationaltutelageand, like the FrenchCameroun,a classB Trust Tenitory. By 1960 it was fully self-governing,exceptfor mattersof defenseand foreign affairs which still restedwith the British Govemment.It had a nationalconstitutionand state political and economic institutions. It was called by the sovereign name of Governmentof the SouthernCameroons.It voted to achieve independenceand, 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 expansionistambitionsand is today a dependentterritory underthe forcible colonial sovereigntyof Republiquedu Cameroun. 205. The SouthernCameroonsis now within a structure.which technically and juridicallyis colonialism. and statehoodof the independence 206. The restorationof the forcibly suppressed has nothing to do with the secessionrhetoric of Southem Cameroons'therefore misinformedor biasedcommentators,or commentatorsaccustomedto the easeof ratherthanto the challengingtaskof thoughtful resortingto sweepinggeneralizations analysis. 207.|t is germaneto examinein this connectiontwo competingthesis,one holding the othermaintainingthat that the SouthernCameroons did not achieveindependence, it did. It shouldbe said from the outsetthat given the currentstatusof the Southern Cameroonsas a territory underthe colonial sovereigntyof Republiquedu Cameroun the right of the people of the territory to self-determinationis unaffectedby the questionwhetheror not the territory achievedindependence from Britain. This does not howevermeanthat an inquiry,albeitbrief, into the two thesesis unimportant. plebisciteheldon 11February1961.The 208.Thestartingpoint is theUN-supervised UN-framed plebiscite question was: do you wish "to achieve independenceby joining" Nigeria or Republique du Cameroon?The people voted o'to achieve independence"by 'joining' Republiquedu Camerounin the senseof forming a federal union with that country. UN Resolution1608 of April 1961 endorsedthe resultsof the plebisciteanddecidedthat the Trusteeshipoverthe SouthemCameroons with Article 76b of the UN Charter,on I October shallbe terminated,in accordance 196I,' upon'(notby)joiningRepublique du Cameroun. had been 209. Either the terminationof the trusteeshipsignified that independence jurisdiction sinceassumed achievedor that it had not. In eithercasethe unwarranted by Republiquedu Cameroun overthe peopleandterritoryof the SouthemCameroons and to an unlawful amountsto a nullification of the plebiscitevote for independence This is a violation of the inalienableright of the suppressionof self-determination. peopleof the SouthernCameroons to self-determination. Thethesisthat theSouthernCameroonsneverachievedindependence 210. Thereis someevidencethat the SouthemCameroons, despitethe overwhelming may not actuallyhaveachievedindependence. UN vote in favourof its independence, First, the UN failed to ensurethat the processof the decolonizationof the Southern completion.Resolution1608requiredBritain, Cameroons wasbroughtto a successful andRepubliquedu Camerounto finalize, the Governmentof the SouthernCameroons before 1 October1961,the terms of the agreedfederalunion betweenthe Southem Cameroonsand Republiquedu Cameroun.The Unorderedfinalization never took place. 211. On 1 September196l while the SouthernCameroonswas yet a UN Trust Territory underUK administration,Republiquedu Camerounpresumedto exercise jurisdiction over the SouthernCameroonsby assumingconstituentpowersover the

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 SouthemCameroonsin 1961. 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'oconformementa la resolutionde 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 representeda simple expansionof the territorial sphereof validity of Republique 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 Camerounsimply continuednotwithstandingthe terminationof the Trusteeshipover the SouthemCameroonsand the de facto Cameroonfederation.If Republiquedu Camerounsimply continuedit meansthat the de facto situationthat obtainedon 1 October1961amountedto the absorptionof the SouthernCameroonsby Republique du Cameroun. 223. Andif the absorptiontheoryis acceptedthe inescapable legalinferencewould be that the UN neverin fact decolonizedthe SouthernCameroonsbut merelyfacilitated its transferfrom a predecessor colonialistto a successor colonialistin violation of its to Colonial own Charterand its 1960Declarationon the Grantingof Independence Countriesand Peoples(Resolution1514(XV)). The UN would thenhaveactedas an agency perpetuatingrather than eliminating colonialism. The plebiscite in the SouthemCameroonsmandatedand supervisedby the World Body would then have beenan exercisein internationalfraud. 224. The internationaltrusteeshipsystem was establishednot to facilitate the perpetuationof colonialismbut to ensureits progressiveelimination.The obligation of the UK Governmentwas to lead the SouthernCameroonsto self-govemmentor independence and not to transferit to a successorcolonialist.Self-determination is aimedat removingcolonialpowers,not at creatingnew ones. 225.The UN hasalsomaintaineda conspiratorialsilenceon the SouthernCameroons situation,unable or unwilling to statethe political statusinto which the Southern Cameroonsemergedupon 'joining' Republiquedu Cameroun.In the official UN publication, Basic Facts About the United Nations, 'Cameroonsunder British Administration' is listed as one of nine "dependentterritories that have become integratedor associatedwith independentstates since the adoption of the 1960 Declaration."In respectof eightof the nine listeddependent territoriesthereis a clear indicationas to which of the following five political statuscategorieseachemerged into: 'free association','returned', 'joined to form a federation','nationallyunited', or 'integrated'.But in the caseof the SouthernCameroons,there is no indication whatsoeveras to the political statusinto which it emergedupon 'joining' Republique du Cameroun. 226. The SouthernCameroonsalsoappearson the list of 'Trust Territoriesthat have achievedself-determination'. But onceagain,andunlike in the caseof the otherTrust Territories on the list, the UN is non-committal,saying only that the Southem Cameroons'Joined theRepublicof Cameroon." 227.But wasthereevera'joining'? The UN appearsto suggesttherewas.Yet it has beenunwilling or unableto saythe modalitiesand natureof that 'joining' and what valid legalinstrumentthereis that affeststo the Joining'. 228. Even if there was a joining (the point is not being conceded),such a joining couldnot havebeena dead-end;but rathera moratoriumon the ultimatepolitical goal of the SouthernCameroons.The British Govemmentin fact spokeof Republiquedu Camerounacting 'foster parent' to the SouthemCameroonsand commentators from Republiquedu Camerounsometimesrefer to the SouthemCameroonsas a ward or pupil of Republiquedu Cameroun.

229.From that perspectivethe act of self-determinationof 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 independenceby the territory. 230. Be that as itmay, as a successorcolonialist 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 Cameroonsfrom assertingits independence.On 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 measuresto give effect to the rights and freedomsin the Charter. 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 and did achieveindependence by that vote. Resolution1608endorsed the independencevote and set I October as the effective date of independence consequent uponthe terminationof the trusteeshipon that samedate. 237. Given the plebiscitary formula 'to achieve independenceby joining', the plebiscitevote decidedtwo mattersat the sametime, the 'independence'of the SouthernCameroonsand Joining' Republiquedu Cameroun.However,the issueof Joining' was subsidiaryand conditional; for, in terms of Resolution 1608 the trusteeshipagreementwas to be terminatedwith respectto the SouthernCameroons upon, and not by, it joining the Republic of Cameroun.Moreover,the plebiscite questionas frameddid not suggestthat independence andjoining had to take place simultaneously. 238. A defacto federationdid comeinto existencein October1961,the component statesof which were the SouthernCameroonsand Republiquedu Cameroun.The federationis itself evidencethat the SouthemCameroonsdid achieveindependence sincelegally a dependentterritory and an independentstatecannotform a federation given that a federationis foundeduponthe principle of juridical equalityin statusas betweenthe componentstates. 239. Moreover,althoughthe Cameroonfederationwas a meredefaclo situation,that producedcertainlegal effects:the emergenceof a new factualsituationnevertheless state and subject of internationallaw; the existenceof a basic nonn, a new constitution (different in form, nature and content) that was neither the 1960 Constitutionof the SouthemCameroonsnor the 1960Constitutionof Republiquedu Cameroun;the creationof new state institutions;the extinction of Republiquedu Camerounas a subjectof internationallaw; the simultaneousbirth and extinctionof the SouthernCameroonsasa full internationalperson;the adoptionof a new namefor the SouthemCameroonsas 'West Cameroon'and for Republiquedu Camerounas 'EastCameroun'. 240. Significantly,following the coming into existenceof the de facto federation, diplomaticmissionsin Yaound6were re-accreditedto the new State.Republiquedu Camerounhad alreadybeencollectivelyrecognizedby its admissionto membership of the UN. If the defacto federationwas merely the continuationof Republiquedu Cameroun,enlargedand under a new n€lme,there would have been no reason whatsoeverfor a renewedrecognitionof that stateon the part of the intemational community.The idea of that statebeing unnecessarilyrecognizeda secondtime in lessthantwo yearsis completelyunconvincing. 241. Nor is it convincingto arguethat it was not the federal State,but territorial changesin Republique du Cameroun or the changesin the internal political organizationof Republiquedu Cameroun,which were recognized.The argumentis unconvincingbecausesuchchangesleavethe personalityofthe stateunaffected,and so do not call for recognition.Even if specific political conditionsrenderedsuch recognitionnecessary,the recognitionwould be accordedto the new government emergingout of an internaltransformation, andnot to a new State.

242. The intention and conviction of the SouthernCameroonsand Republiquedu Camerounto createa new state is clearly attestedby the publishedpre-plebiscite documentssignedby the two sides,the Note Verbaleby Republiquedu Cameroun confirmingthe same,the 'constitution'of the defacto federation,andrepresentations madeat the LIN. It would be indeeda veritabletour deforce to interpretall these documentsas speakingmerelyof fusingthe SouthemCameroonsinto Republiquedu Cameroun. 243. The SouthernCameroonswas not a non-descriptterritory whether legally, geographically, historicallyor politically. Therewasno extensionof the legalorderof Republiquedu Camerounto the SouthernCameroons. Thetwo statesmaintainedtheir respectivelegal orders,subject,of courseto an overarchingfederallegal order. A federalsocietyinvolvesa dovetailingratherthana supercessionoflegal orders. 244. The defacto federation,describedas a bilingual bi-jural State,was a defocto new State,which was not identicalwith eitherof the two componentstatesthereof. All the informationavailablegoesto showthat the SouthernCameroons would never havealloweditself to be annexedandthat it contemplated nothingshortof a union of legal equality.The federation,albeit defacto, was thereforeremotefrom annexation, although that is what Republiquedu Camerounwanted and hoped to achieve. Annexationby Republiquedu Camerouncamein 1972througha Germano-Austriantype Anschluss. 245. If thenthe SouthernCameroons did achieveindependence that independence has sincebeenunlawfully suppressed by Republiquedu Camerounin violationof the two principles of self-determinationand of the equality of all peoples.Independence entails at the minimum self-govemment.Even the 'independence'within ola communaute francaise'offeredby Francein 1958/59to its Africancolonialterritories entailedat leasta modicumof self-government. Thereis todaynot evena vestigeof the self-government enjoyedby the SouthernCameroons from 1954196I andnothingthat evidencesthe independence the SouthemCameroonsachieved on I October1961. 246. Moreover,the territorial integrity of the SouthernCameroonsas a political unit has been impaired. ln 1972 the SouthernCameroonswas offrcially annexedby Republique du Cameroun. Its independenceand statehoodhave been totally suppressed. It is today under the forcible colonial sovereigntyof Republiquedu Camerounand the two parts into which it has been cut up are administeredas provincesof that country. dependent 247. The SouthernCameroons hasthus sufferedretrogression in political status;from a self-governingand independentcountryto a non-self-governing tenitory. It enjoys not evena modicumof local self-government. 248. The situationthat obtains in the SouthemCameroonsis indubitably one of colonizationandthe struggleof the peopleof the SouthemCameroonsis patentlyan anti-colonialstruggle. 249. It follows from the abovethat in whateverway one choosesto look at the SouthernCameroonssituationthe unyieldingconclusionis that the inalienableright

to self-determination of the peopleof the SouthernCameroonshas beenviolatedby Republiquedu Camerouneitheron the sufficientgroundthat it is exercisingcolonial sovereigntyover the SouthernCameroonsas successor colonialistor on the sufficient groundthat it hasunlawfully suppressed the self determinationand independence of the SouthemCameroons. 250. Republiquedu Camerounhas always been a foreign land in relation to the SouthernCameroons. The fact that it exercisescolonialsovereigntyover the Southem Cameroonschangesnothing in this respect.Being a country under the forcible colonial sovereigntyof Republiquedu Camerounand thereforeipsofacto a colonial territory, the SouthernCameroonshas a separateand distinct territory and identity from that of the Stateunderthe colonial yoke of which it is languishing.For, under contemporaryinternationallaw the tenitory of a colonizing state is distinct and differentfrom that of the colonizedtenitory. The peopleof the SouthemCameroons thus have'theright to the assistance of Statespartiesto the African Charterin their liberation struggle against foreign domination,the dominationby Republiquedu Cameroun(Art. 20 (3). 251. Too cleverby half, Republiquedu Camerounhasthoughtup a coupleof rusefor deflectinginternationalscrutinyof its colonizationofthe SouthemCameroons. 252. First, it alwaysusesoCameroun' in a polysemoussenseso as to obfuscatethe identity of the separatetenitory of ex-British SouthernCameroonsand thus to give the uninformedobserverthe impressionof a unitary territory known as 'Cameroun' translatableas 'Cameroon'and variouslystyled'Republiquedu Cameroun'or 'l'Etat du Cameroun'; and, moreover, suggestingthat the SouthernCameroonsis the southernpart of Republiquedu Cameroun. 253. In ordernot to allow a perpetuationof this fraud andthe continuingdeceptionof the world, thereshallbe adoptedin the comingmonthsa new namefor the tenitory of the SouthernCameroons.Therewill be full consultationamongall the anti-colonial forces in the SouthemCameroonsand the new name will be adoptedwith the concurrence of the peopleof the SouthernCameroons. 254. Secondly,Republiquedu Camerounhabituallyconjuresthe secessionbogy. It doesso in a hopelesseffort to demonizea meta-juridicalphenomenon,awareof the misinformed view in some quarters that international law prohibits secession. Wheneverit conjuresthe secession bogy Republiquedu Camerounis in fact trying to psychologicallyprey on the reader'smind. 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 eventuallyinternationallaw and States,includingAfrican States, merelyacknowledgeasa matterof realism. Historically,stateformationand transformationhave occurred,and will continueto occur,througha processof fusion or fission. Intemationallaw is thereforenot that silly asto positthat secession is absolutelyimpermissible.

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 independencebut 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 subsequentoverthrow 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 independenceand secondarily a vote on joining. By common agreement in writing, the two sides understood the word '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

law, as well as its identity as a self-governingpolitical, legal,cultural,historical,and unitaryterritory,all remainedintact. 264.\Nhatis more,the frontierline betweenthe SouthemCameroons andRepublique du Camerounhas always been a de jure internationalboundary:Since there was merely a de facto federationthe inherited colonial boundary between the two federatedstateswas a meredefacto intemal boundary. ''Federal 265. Further, since Republic of Cameroon' and 'United Republic of Cameroon'were not bonafide and enduringconstitutionalstatestructuresenjoying, as distinct from Republiquedu Cameroun,internationalpersonality,but merely the contraptionsdesignedto whitewashthe colonizationof the SouthernCameroons, intemationalboundarybetweenthe two countriesnever legally acquiredan internal character.The revival in 1984of 'Republiquedu Cameroun'ipsojure confirmedas an internationalfrontier the hithertodefacto internalboundarybetweenthe Southern Cameroons andRepubliquedu Cameroun. 266. The confirmationof the intemationalcharacterof that boundaryline is further evidencedby the maintenanceof the pre-independence military, police and customs barriersalongthe frontierline. 267. Furthernore,by voting againstUN Resolution1608 approvingthe plebiscite resultsand terminatingthe trusteeshipover the SouthernCameroons,Republiquedu Camerountherebycontinuedthe internationalboundarybetweenthe two countriesas unchangedin character. 268. The SouthernCameroonshasthus neverbeenpart of Republiquedu Cameroun, historically or legally, and whetherbefore or after I October 1961. The Southem Cameroons is not legally apart of Republiquedu Camerounjust aslegally Eritreawas 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 statehoodand independence of the SouthemCameroonsoperateswithin the inheritedcolonialboundariesof the SouthemCameroons asthey stoodon the date of its achievement of independence on I October1961,consistentlywith the principle uti possidetisjuris. 270. Independenceof the SouthernCameroonsfrom the colonial domination of Republiquedu Cameroundoesnot impingeon any properinterest,legal or political, of the latter.The inheritedcolonially definedfrontiersof that State,as they stoodon the dateof its independence on I January1960are in no way affected.The tenitorial integrity of that country, consistentlywith the principle uti possidetisjuris and the 1964OAU Resolutionon BorderDisputes,is in no way infringed. 27l.Therc is no claim by the SouthernCameroons to anyof the peopleswho 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 spatialconfigurationof

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 secessionof territory from Republique du Cameroun. 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 SouthemCameroonsby cession.It 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 SouthemCameroonsis underthe colonial bondage of Republiquedu Cameroun,the exceptionalsituationof the territory (as eloquently particularly borne out by the facts in Part I) makesreasonsfor its independence compelling. procedurein the tenitory not only misfiredbut 279.First, the UN self-determination also was unlawfully suppressedby Republiquedu Cameroun.That resultedin a seriousmiscarriageof justice and the commissionof a great historical injustice againstthe peopleof the SouthernCameroons. 280. Secondly,the peopleof the SouthernCameroonsare legitimatelyclaimingtheir territory,which hasbeenannexedby Republiquedu Cameroun. Thirdly, there is in the SouthernCameroons,since October 1961, extreme and prospectsfor unremittingpersecutionby Republiquedu Camerounwith no reasonable peacefulchange.Thereis continuingsystematicoppressionanddominationaswell as a seriesof grossandconsistentviolationsof humanrightsby that State. 281. Fourthly, the federation,albeit a de facto one, was unilaterally ended by Republiquedu Cameroun.Fifthly, internal self-determinationis absolutelybeyond reach for the people of the SouthernCameroonsas they are powerlessto freely determinetheir internalpolitical status. 282. Sixth, the independenceof the people of the Southem Cameroonswas unlawfully suppressedby Republiquedu Cameroun.Seven, the people of the Southern Cameroonscame under the colonial domination of Republique du Camerounby way of an unjustifiablehistoricalevent,to wit, annexation.Eight, the assumptionof sovereigntyoverthe SouthernCameroonsby Republiquedu Cameroun is, to saythe least,legallysuspect. 283. Nine, even if there was a 'marriage' betweenthe SouthernCameroonsand Republiquedu Cameroun,it was a shotgun 'marriage' in which the Southem Cameroonshas continuedto be raped and thoroughly abusedin other ways. The 'marriage'is a putativemarriageandthereforenull andvoid ab initio. 284. Ten, individual humanrights abusescommittedby Republiquedu Camerounin the territory of the Southern Cameroons are gross, massive, extensive and unremitting.This is reliably affestedby victims; the press;local humanrightsNGOs; reputableinternationalhumanrights NGOs such as Amnesty Intemational,Human RightsWatchand Article XIX; US StateDepartmentreports,and Documentationof the UN Commissionon HumanRights,especiallyReportsof the SpecialRapporteur on Torture, Reports of the Working Group on Enforced of Involuntary Disappearances, andReportsof the SpecialRapporteuron SummaryExecutions. 285. As a matterof statepolicy Republiquedu Camerounpractices,encourages and condoneskillings 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 the caseof spoliation the dispossessedpeople have the right to the lawful recovery of 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 as well as in dependentpeoples. 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. 291. The people of the Southern Cameroonshave been dispossessedof 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

built purposelyfor them, completewith schoolsfor their childrenand teachersfrom France. 294. The debilitatingpoverty and underdevelopment in the SouthernCameroonsis it was officially annexedby it is as if the territory stood still when such that Republiquedu Camerounin1972. 4. Violation of the right of the peopleof the SouthernCameroonsto economic, socialand cultural development(Article 22 (l)) 295.Therearemanywaysin which Republiquedu Camerounhasviolatedthe right of the peopleof the SouthernCameroonsto economic,socialand cultural development guaranteed by Article 22 (l) of the Charter.Republiquedu Camerounhasunlawfully suppressed the self-determination and independence of the people of the Southern The It hasassumeda colonialsovereigntyover the SouthemCameroons. Cameroons. peoplearethusdeprivedof their self-worth,pride andidentity. 296. Moreover,the colonialdominationof the peopleof the SouthemCameroonsnot only violatestheir right to existenceas a peoplebut alsounderminesthe enjoymentof other rights such as the right to dignity inherent in a human being, the right to freedomof associationand the right to freedomof expression.For, the peopleof the SouthemCameroons arenot allowedto meetasa peopleor to expressthemselvesasa people.They are deniedany meansby and throughwhich to meaningfullyexpress anddeveloptheir socialandculturalidentityanddistinctiveness. 297. The peopleof the SouthernCameroonsare under the colonial oppressionand dominationof Republiquedu Cameroun.They sufferdiscriminationby that very fact becauseinherentin colonial dominationis the assumptionthat the peopledominated are not on the samefooting of legal equalitywith the peopledominating.The factual subordinatestatusimposedon the peopleof the SouthernCameroonsas a dependent peopledeprivesthemof their self-worthandof their ability to improveuponand give expressionto their talents.Accessto basicresourcessuch as food, health,housing, employmentandgoodeducationis dangerously compromised. 298. The systematicplunder of the resourcesof the Southem Cameroons,the destructionof its economic and social infrastructure,the abolition of its state institutions,the bastardization of its laws and legal system,andthe adulterationof its educationalsystemareotherwaysin which Republiquedu Camerounhasviolatedthe right of the people of the SouthemCameroonsto economic,social and cultural development. 299. Thesevariousactionstakenby Republiquedu Camerounagainstthe peopleof the SouthernCameroonsare inimical to the exerciseof the right to their economic, socialand cultural developmentwith due regardto their freedomand identity and in the equalenjoymentof the commonheritageof mankind. 300. AdditionallyRepubliquedu Camerounis in violation of Article 22 (I) becauseit has failed oto ensurethe exercise' of the right of the people of the Southem Cameroons to economic,socialand culturaldevelopment. Having assumeda colonial sovereigntyover the SouthernCameroonsand thereby subjectedit to the inferior

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 SouthernCameroonshave shown considerablerestrainin their dealingwith La Republiquedu Cameroun,even in the face of overwhelmingforce, shearoppressionand affogance.We havedemonstrated 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 electionsto his oppositionrival. The periodof transitionwas equallypeacefuland demonstrated democraticmaturitynew to the continent.Even after the democraticprocesswas abortedby the British betrayal,our peoplecontinuedin their peacefulandnon-violentquestfor change.The result of this peacefulmeansof changewas the destructionof our institutions, assassination of our leaderswho refusedto play by the rules of the occupier,the institutionof fear to bendthe othersand a slow processof the destruction,pillaging and complete annexationof our land. The world has been made to know that "Cameroonis a peacefulcountry". This peacehasbeenso, simply becauseonly one sidein the conflict is armed.Only one sidecanpull the trigger,imposeits will by the use of force. We were educatedto be peacefuland respectothersnot baseon their origin but the contentof their character.We were educatedto respectthe will of the people.This educationhas made any instructionto changeour approachdifferent Almost five decadesafter our betrayaland subjugation,our peopledescendedones more on the streetin a peacefulattemptto force the return to legality. Despitethe 'dogs of war' that were amassedin our territory, our peoplewere peacefulin their demandfor change.They preferredthe ballot ratherthan the bullet. We groundedthe 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 areaanddisarmedanddisplacedour peoplein the military. Il'e havepetitionedbut our petitionshavenot beenrespondedto. Wehavebeggedbut we havesimplybeenshunned.Wehaveappealedin vain!

Our betrayaland subsequent subjugationis like a cancerthat must be extricated.It's rotted us all. We cover in cornerslike pitiful crooks.We have pretendedits over, someof us wantedit that way, we haveclosedour eyesandminds,shunnedit- but it will neverbeenover. We have hidden away but now we feel pain and frustration, evenrage.We area woundedpeople!

Theforce of Argumerttis very compellingwhenit has the opportunityto explainitself to theright quarters. Evil and lies dominatesonly after subjugatingtruth and the force of argument,and will neverlistento theseexceptwhenforcedto. Thosewith the forceof argumentand truth on their sidewill neverhavetheir day in a court of law by matchingtheir ideals to the methodsof their oppressors. 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 Stateshassucceeded, Britain surrendered to the inevitablein devolutionof powers. SomenaiVesectionof the internationalCommunityhaveadvicethat we keepbegging the occupier,that our freedomwill be offeredto us on a platterof gold and so nobody shoulddisturbthe statusquo; that*weshouldallow the machineof oppressionto take its timb, chuming up death'ffid destruction in our territory. That ones, the Intemationalcommunity,the United Nationsand the treacherousand RacistUnited Kingdom will realizetheir blunderand plight of our people.But the UnitedNations and Internationalcommunityhave 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 rewardsusuallydo 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,leadershipto defendits peoplefrom aggression. The SCYL believesin the arm resistanceof a violent occupation.The SCYL believesit is not only a right but alsoa duty for it to call on our peopleto arm themselvesagainst the barbaric brutality of the French tele-guidedsystem.The SCYL will pursue diplomacyandthe armsstruggleuntil 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

Professor Anyangwe,Carlson(2004). Humanandpeople'sRight Sir NigelRodley(1999).Reportof thespecialRapporteur on Torture VariousAmnestyInternational Countryby CountryReportson "Cameroon" (A weeklypublication) The PostNewspaper The SCYLwebsite,hftp://www.scyffortreedom.org TheSCYLHumanRightsReport(1999) You MustFight(ADVDDocumentary on The SouthernCameroons) by German Freelance Journalist, UlrikeKorbach Pictures on Victoria Seasideon http ://www. tr avelp od.com/n avel photo/modernnomad

o

The MedicalFoundationfor the Careof Victims of Torture(MFCVT).

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