Southern Cameroons and The United Nations Organisation

TABLE OF CONTENTS

DEDICATION

ACKNOWLEDGEMENTS

ABSTRACT

TABLE OF CONTENTS

1 INTRODUCTION
1.1 Research question/ hypothesis
1.2 Backgroundtothe study
1.3 Relevance of the research
1.4 Scope of the research

2 CHAPTER TWO: SITUATING THE SOUTHERN CAMEROONS
2.1 Historical Facts
2.2 Termination of the Trusteeship Agreement over Southern Cameroons
2.2.1 UN Charter and Resolutions Provisions
2.3 No THIRD OPTION?

3 CHAPTER THREE: SOUTHERN CAMEROONS TRANSITION FROM 1954 TO 1972
3.1 The plebiscite in Southern Cameroons
3.2 CONDUCTOFTHE CAMEROUN REPUBLIC AFTER THE PLEBISCITE
3.3 The TERMINATION PROCESS CONTRASTED WITH OTHER TRUST TERRITORIES

4 CHAPTER FOUR: FROM LA REPUBLIQUE DU CAMEROUN IN I960, TO LA REPUBLIQUE DU CAMEROUN IN 1984
4.1 From Federal Republic in 1961 to United Republic in 1972
4.2 Southern Cameroons identity erased in 1984
4.3 End of UN Trusteeship Council 1994

5 CHAPTERFIVE: LEGALITY OF THE TRANSITION OF SOUTHERN CAMEROONS TO INDEPENDENCE OR SELF-GOVERNMENT
5.1 Legal justification for UN actions on Southern Cameroons
5.2 Principle of uti possidetis and the Republic Of Cameroon after the 1961 joining
5.3 The way forward

6 CHAPTER SIX: FINDINGS, RECOMMENDATIONS AND CONCLUSION
6.1 Findings
6.1.1 Failure of the transition from trusteeship to Independence or Self-Government
6.1.2 Southern Cameroons as a 'People' under International law
6.2 Recommendations
6.2.1 Referral to the International Court of Justice (ICJ)
6.2.2 Internal SelfDetermination
6.2.2.1 Confederation
6.2.2.2 Federation
6.2.3 External self-determination
6.3 Conclusion

Word count: 10,720

BIBLIOGRAPHY
Table of case law
Table of Leg islation
Table of InternationalTreaties
Table of UNGA Resolutions
Table ofTrusteeship Council Resolutions
Table of UN Publications
Table Academic Books
Table ofJournalArticles
OtherSources

APPENDICES
Appendix 1: Map of Kamerun between 1901 -1916
Appendix 2: Map of Kamerun 1918
Appendix 3: Cameroon before and after the 1961 plebiscite
Appendix 4: Southern Cameroons in present day Republic of Cameroon
Appendix 5: The British handing over from the Southern Cameroons to the President of the Republic ofCameroun on the 30/09/1961

ACKNOWLEDGEMENTS

My unreserved thanks to my Sponsors: the Chevening Scholarships, the UK government’s global scholarship programme, funded by the Foreign and Commonwealth Office (FCO) and partner organisations. In fact, I pleasantly found myself being paid to research on the legal setting of my Country. My supervisor, Dr Irene Couzigou; my Course coordinator, Dr Matyas Bodig, Lecturers: Prof John Paterson, Dr Mark Osayomwanbo Igiehon, Dr Catherine Ng and the entire staff and administration of the School of Law made studying in faraway Aberdeen, less stressful.

My lovely wife, Adeline and my beautiful kids: Angel, Allen, Edwin and Rodney stayed in touch and encouraged me all the way. Thank you! My professional Colleagues, most especially Chief Taku Charles, members of the Fako Lawyers Association (FAKLA) and the Common Law Lawyers in Cameroon kept a close watch as I moved on in this new world of knowledge and I hope I have met half of their expectations.

My stay in Europe was made fun filled, stress free and enviable by Mr. & Mrs. Athanase Fonkwe, Mr & Mrs Labella Luca, Mr & Mrs Akabateh William, Mr. & Mrs. Dufe Divine, Mr. & Mrs. Njodzeka Divine, Mr. & Mrs. Ajong Magnus, Mr. & Mrs. Binfon Ernest and my dear nephew and ever available guide, Ajong Ginneh Leku.

Without the blessings of Nkem Efifuentlancha Khumbah and Ankwetta Fontem, I will not be where I am today.

It is difficult and impossible to cite all the names of those who have supported me through this endeavor in one way or the other, but you must know I sincerely appreciate your input and assistance. Thanks a million!

God bless you all.

University of Aberdeen, Scotland United Kingdom

ABSTRACT

This dissertation takes a critical look at a particular aspect of the decolonisation of the former Trust Territory of Southern Cameroons. It focuses on the role of the United Nations Organisation (UNO) in the application of article 76 b of the UN Charter and United Nations General Assembly (UNGA) Resolution 1608 XV of April 21 1961 on the Future of The Trust Territory ofthe Cameroons under the United Kingdom Administration.

The introduction identifies the legal question and formulates the thesis statement in arguing that the Trusteeship Council of the UNO, failed to supervise the proper transition of the Territory from a Trusteeship Province into an Independent or Self-Governing State as per Art 76(b) of the UN Charter by failing to ensure compliance with Resolution 1608 XV (5). It then goes on to provide the background to this study which gives insights to the number of petitions/complaints before the UNO and other International fora by the peoples of Southern Cameroons prior to and after the 1961 UN organized plebiscite, the number of movements and Organisations fighting for self­determination and the abundance of literature on the question in the territory. It also gives the relevance of the research: identifying the problem, making recommendations for a possible rectification of the error and identifying the scope of the work.

In chapter two, the study briefly looks at some historical facts relating to the territory from 1884 to 1914 under German colonial rule, the partitioning of the territory after World War 1 between the United Kingdom (UK) and France under the League of Nations and the Trusteeship under the UNO from 1945 to 1961. It further examines the termination of the trusteeship agreement with a look at the UN Charter and resolutions, questioning why there was no option for independence accorded the people of the territory.

Chapter three deals with the transition of the territory from 1954 when it gained quasi-regional autonomy, through the Federation with the independent Republic of Cameroon from 1961 to 1972 when the two became a unitary state. The conduct of the Cameroun Republic after the plebiscite is equally examined and the termination of the trusteeship over Southern Cameroons contrasted with what transpired in other trust territories in the chapter.

Chapter four reveals how the former trust territory of French Cameroons that gained independence on the 1st day of January I960 as ‘La Republique du Cameroun’ regained the same name and state symbols in 1984 with the peoples and territory of Southern Cameroons now part of the State. This act it is argued was a logical obliteration of the identity of the Southern Cameroons.

Chapter five raises legal justification for UN actions and procedure in the territory. It then examines the principle of uti possidetis and the Republic of Cameroon after the 1961 joining with the view that the Country is presently sitting on a questionable legal foundation.

Chapter six comes up with the findings that the decolonisation process failed and that the peoples of Southern Cameroons can be classified as a ‘people’ under international law entitled to the right to self-determination. It proceeds to provide recommendations which include a referral to the International Court of Justice (ICJ), openings for internal self-determination (Confederation or Federation) and a referendum for external self-determination.

The chapter concludes that the UNO failed to lead the peoples of Southern Cameroons to independence and or self-government.

1 INTRODUCTION

1.1 Research question/hypothesis

This work argues that The Trusteeship Council of the United Nations Organisation (UNO), failed to supervise the proper transition of the Trust Territory of Southern Cameroons from a Trusteeship Province into an Independent or Self-Governing State as per Art 76(b)¹ of the UN Charter by failing to ensure compliance with Resolution 1608 XV (5) on ‘The Future of The Trust Territory of the Cameroons under the United Kingdom Administration'.²

1.2 Background to the study

This dissertation has been occasioned by the discontent displayed by persons of the former Trust Territory of Southern Cameroons, immediately after the publication of the plebiscite results by the UN, and their petitions to the world body and legal challenges before various international fora.

The peoples of the Trust Territory of Southern Cameroons now the South West and North West Regions of Cameroon are of the opinion that, the Trusteeship Council and the UN failed in their duties in leading them to self-government or independence as ordained in Art 76b of the UN Charter³, and also, by not supervising and ensuring the implementation of paragraph 5 of resolution 1608(XV).⁴

In the window open for petitions after the 1961 plebiscite, a number of Southern Cameroonians appeared before the 4th Committee of the UN between March 7 and April 21 1961 and several points were raised against the results and propriety of the plebiscite.⁵ The Committee heard from imminent personalities representing various political, cultural and religious groupings like; Merss E.M.L Endeley, Rev. S. Ando Seh, M. N M’Bile and Chief Martin of the Bakweri Molongo. Chief Martin specifically raised the following concerns before the Committee: that,

(a) The Republic of Cameroun had failed to make known the conditions under which the Southern Cameroons will join it.
(b) Its constitution was not a federal one and
(c) No arrangements had been made for the protection of the fundamental rights and interests of minority groups.⁶

The Republic of Cameroon was thereby, being faulted for failing to honor a pre-plebiscite agreement where they had agreed to make known the conditions ofjoining, as was the case of the Northern Cameroons who were tojoin ‘...the Federation of Nigeria as a separate province in the Northern Region of Nigeria.’⁷

Rather than honor the pre-plebiscite agreement, President Ahmadou Ahidjo on August 11, 1961, proposed an amendment of the Constitution of the Republic of Cameroon of March 4 I960 to accommodate its “reunited territory” of the Southern Cameroons on the premise that the plebiscite results in the Southern Cameroons and UN General Assembly (UNGA) resolution 1608(XV) permitted the Republic of Cameroun to take any measures it deemed appropriate to modify its institutions to accommodate the reunited section of its territory.⁸

On September 1 1961, the Republic of Cameroun enacted Law No.61-24 modifying its Constitution of 04/03/1960 to incorporate its reunited territory.⁹ On September 30 1961, the UK transferred sovereignty over the Southern Cameroons to the Republic of Cameroon instead of the elected government of the Southern Cameroons on the critical date of October 1,1961 retained for the effective implementation of the UN resolution (paragraph 5) of resolution 1608(XV).¹⁰

This act and the questions posed before the fulfillment of the expressed right of independence and joining of the Trust Territory to the Republic of Cameroun, have remained unanswered necessitating academic writings and legal challenges as to the role of the United Nations in this ill- fated situation.

In 2003, two Organisations; the Southern Cameroons National Council (SCNC) and the Southern Cameroons Peoples Organisation (SCAPO) together with 14 individuals on behalf of themselves and the People of Southern Cameroons filed Communication 266/2003¹¹ against La Republique du Cameroun before the African Commission on Human and Peoples Rights (ACHPR), Banjul­Gambia. This communication was principally based on the alleged breach of Art 20 of the African Charter on Human and Peoples Rights by the Respondent State on their rights to self-determination for which the Commission ruled in 2009.¹²

The issue of the non-respect of the right to self-determination of the peoples of Southern Cameroons was equally raised before the UN Human Rights Committee in Communication 1134/2002: Fongum Gorji-Dinka V Cameroon¹³ decided on the 17/03/2005.

Also, in a note smuggled out of the Kodengui maximum prison in Yaounde in the year 2000, Mr Akwanga Derek Ebenezer, Chairperson of the Southern Cameroons Youth League (SCYL), serving a 20 year term on various offenses including secession, wrote;

We struggle...when Francophones called us "Biafrans", when we are told that anglophones are inferior to Francophones and thus can never be allowed to ascend to the presidency in the Cameroons, when we witnessed storm-trooping nightriding gendarmes arrest and beat an anglophone for being a member of the Southern Cameroons National Council (the SCNC), Southern Cameroons Youth League (the SCYL), Southern Cameroons Restoration Movement (SCARM), Ambazonia, the Free West Cameroon Movement or the Southern Cameroons Common Font for Action (SOCAFA).¹⁴

It has been stated¹⁵ that, the Southern Cameroons problem has been the preoccupation of many scholars, and it is still complicated by contradictory discourses and outright misrepresentation.¹⁶

1.3 Relevance of the research

The following: the plethora of movements¹⁷ seeking self-determination for the peoples of Southern Cameroons, the continuous arrests and detention¹⁸ of their members, the consistency in complaints/petitions since 1961 and the abundance of literature on the topic have prompted this research on how the UN managed the termination of the trusteeship agreement in this former Trust Territory. The findings and recommendations of the research will help in advising for an acceptable solution to the issues raised.

1.4 Scope of the research

This dissertation shall focus on how the transition from Trusteeship to self-government or independence as provided for in Article 76(b) of the UN Charter was managed by the UN in the case of the Trust Territory of Southern Cameroons with a close look at what obtained in other Trust Territories; and in particular, in the British Trust Territory of Togoland.

The similarity between these two trust territories lies in the fact that they were both carved out of former German Colonial Territories, which territories were divided between the British and French and they were both placed under the administering authority of the UK. Both territories saw their trusteeship agreements terminated through UN organized plebiscites, for the British Togoland in 1956 and for Southern Cameroons in 1961.¹⁹ 2 CHAPTER TWO: SITUATING THE SOUTHERN CAMEROONS

2.1 Historical Facts

For a better understanding of this work, we need to briefly trace the history of Cameroon from 1884 under German rule through 1918-1945 under the League of Nations Mandate to the period 1945-1961 when the UN took over and ended the Trusteeship in the Territory.

The present day map of the Republic of Cameroon²⁰ was shaped on the 1st day of October 1961 when the former British Trust Territory of Southern Cameroons gained independence by joining the already independent State of the Republic of Cameroun to form the Federal Republic of Cameroon.²¹

Upon the partition of Africa, Kamerun²² was proclaimed a German protectorate on July 4 1884.²³ After the defeat of Germany in World War 1, Kamerun was unevenly partitioned²⁴ between the victorious powers France and the United Kingdom (UK) in 1918 and placed under the Mandate of the League of Nations.²⁵ France ceded part of its own territory (Nue Kamerun and Duckbill)²⁶ which had been acquired by the Germans in 1911 to Chad, Central African Republic, the Republic of Congo, Gabon and what remained was called French Cameroun.

The UNGA, in Resolution 1514 (XV)²⁷ of 14/12/1960, declared the granting of independence to colonial Countries and Peoples, a fundamental right. In Resolution 1541(XV)²⁸ ofthe 15/12/1960, it outlined ‘Principles which should guide Members in determining whether or not an obligation exists to transmit the information called for under Article 73e of the Charter.’²⁹ Principle VI of the Resolution states;

A Non-Self-Governing Territory can be said to have reached a full measure of self-government

by:

(a) Emergence as a sovereign independent State;
(b) Free association with an independent State; or
(c) Integration with an independent State.³⁰

It is on the basis of these principles that the February 11 1961 UN sponsored plebiscite was organized in the Southern Cameroons on the two questions that are contained in resolution 1352(XIV)³¹ ofthe 16/10/1959.

(a) Do you wish to achieve independence byjoining the independent Federation of Nigeria?
(b) Do you wish to achieve independence by joining the independent Republic of the Cameroons?³²

From the report of the UN Plebiscite Commissioner, 94% of registered voters duly cast their votes of which 97.741voted in favor of ajoining with Nigeria while 233,571 voted for ajoining with the Republic of Cameroun.³³

Was the Trusteeship Agreement over the Southern Cameroons terminated on the sole act or premise of the vote (plebiscite) of the 11th day of February 1961 and the ensuing results?

2.2 Termination of the Trusteeship Agreement over Southern Cameroons

The UNO Charter³⁴ came into force in 1945³⁵, it established six organs³⁶ which included a Trusteeship Council. The Trusteeship Council functioned under an International Trusteeship System regulated in Article 75 of the Charter³⁷ which provides that:

‘The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as Trust Territories’.

The Trust Territories which were former Mandated Territories under the failed League of Nations included: Tanganyika, Ruanda Urundi, Western Samoa, New Guinea, Nauru, Somaliland, special Pacific Islands, French and British Togoland and the French and British Cameroons.³⁸ The Administering Authority entered into agreement with the United Nations with regards to each trust territory.³⁹

For the Trust Territory of British Cameroons, the Trusteeship Agreement was approved by the UNGA on December 13 1946 for the Government of the United Kingdom of Great Britain and Northern Ireland (UK) as Administering Authority.⁴⁰ Allegedly for administrative convenience, the UK, divided the territory into two parts: Northern and Southern Cameroons. Relying on Article 5(b) of the Trusteeship Agreement,⁴¹ the Northern and Southern Cameroons were then administered from Nigeria.

2.2.1 UN Charter and Resolutions Provisions

The objective of the trusteeship system as spelled out in Article 76 (b) of the Charter⁴² is;

To promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self­government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;⁴³

The functions of the United Nations with regard to trusteeship agreements and the transition of the Trust Territories to self-government or independence were to be operated by the Trusteeship Council under the authority of the General Assembly.⁴⁴

By Resolution 1608(XV) of 21/04/1961, the UNGA prescribed how and when the trusteeship agreement over Southern Cameroons was to be terminated.⁴⁵ By paragraph 4 of the Resolution, the Agreement was to be terminated October 1 1961 with the Territory joining the independent Republic of Cameroon.⁴⁶ Going by paragraph 5, the Administering Authority, the Government of Southern Cameroons and the Government of the Republic of Cameroun were to ‘... initiate urgent discussions with a view to finalizing, before 1 October 1961, the arrangements by which the agreed and declared policies of the parties concerned will be implemented.’⁴⁷ What this presupposes is that, three actions were to be satisfied for the Trusteeship Agreement to be terminated;

1) Tripartite Arrangements to agree, finalize and declare the policies of the parties relating to howthejoining will be implemented.
2) Independence on 1 October 1961 and
3) Joining with the Republic of Cameroun on 1 October 1961.

Considering the reports and activities of the Committee of the Trusteeship Council between April 21st 1961 and October 1st 1961, it may be argued that, although a union by ‘joining’ with the Republic of Cameroun was effected, there is no record of the finalized “agreed and declared policies” by which thejoining was to be realized. A publication ofthe agreed and declared policies by which thejoining was to be effected required compliance with the UN registration regime.⁴⁸ In order to ascertain the proper implementation of the UN resolutions an appropriate framework was required to lay down a proper contextual legal definition of‘joining’. This was neither done by the UN nor the parties leaving the status of the people of Southern Cameroons in the union unsettled.

With no documented record establishing that the Administering Authority, the Government of Southern Cameroons and the Government of the Republic of Cameroun ever met between the 21/04/1961 and the 1/10/1961 to define the terms of thejoining as mandated by the UN resolution 1608(XV), this paper finds that, among the three requirements for the implementation of resolution 1608 (XV) only the ill-defined “joining” occurred giving room for the ongoing legal challenges.

Moreover, the Union Jack was lowered on the Territory on the 30 September 1961⁴⁹ in front of the President of the Republic of Cameroon. The transfer of sovereignty over the Southern Cameroons in this manner, on this date and in this occasion purportedly in implementation of UN resolution 1608 (XV) is subject to significant controversy.

The issue of the endorsement of a pre-political arrangement by the parties before the independence and thejoining was lengthily discussed in the Twenty-seventh Session of the Trusteeship Council holding June 1 to July 19,1961,⁵⁰ Addressing the Council on the situation of Southern Cameroons, Sir Hugh Foot representing the UK,’... reminded the Council that the current situation with respect to the Cameroons was governed by General Assembly Resolution 1608, operative paragraph 5... that, discussions were under way.’⁵¹

Upon getting this information, the Delegate of Australia, Mr. Hood . expressed the opinion that questions concerning General Assembly recommendations in respect of political arrangements should more properly be discussed in the General Assembly and not in the Trusteeship Council. ’⁵² It was then decided that the working paper prepared by the secretariat on the conditions in the Cameroons be included in the Council’s report to the General Assembly.⁵³

Between this session (June 1 to July 19 1961) of the Trusteeship Council and the transfer of sovereignty over the Southern Cameroons to the Republic of Cameroon by the UK on 30/09/1961and the ‘joining’ by the Southern Cameroons and the Republic of Cameroon on 1/10/1961, the next session of the UNGA was the sixteenth ordinary session.⁵⁴

The first part of this ordinary session ran from 19 September to December 20 1961.⁵⁵ Between the 19th of September that the session opened and the 1st of October when Southern Cameroons joined the Republic of Cameroun, only one resolution was adopted on the 27th of September admitting Sierra Leone as a member of the UN.

The report of the Trusteeship Council which was presented on the 19th of December 1961 at the 1158th meeting had this under item 4, dealing with Southern Cameroons:

... [h]ad not discussed at length conditions in the Cameroons under United Kingdom administration at its last session since a General Assembly resolution had provided for the termination of the trusteeship agreement whereby Northern Cameroons was to join the Federation of Nigeria on June 1961, as a separate province while Southern Cameroons was tojoin the Republic of Cameroun on October 1, 1961.⁵⁶

It turned out that, the question of the compliance with the obligations contained in paragraph 5 of Resolution 1608(XV) was never mentioned, nor was it ever fully debated before any of the organs of the United Nations before the Southern Cameroons joined the independent Republic of Cameroun on 1/10/1961.

It also falls to question, whether the Trusteeship Council dutifully discharged her obligations towards the Trust Territory of Southern Cameroons as per Article 76(b) of the UN Charter as read with the General Assembly Resolutions⁵⁷ on the subject.

By referring the operative arm in paragraph 5 of resolution 1608(XV)⁵⁸ to the General Assembly, it can be argued that, the Trusteeship Council abdicated her functions in respect of a very fundamental aspect of the transition of Southern Cameroons to self-government or independence. This must be so because the arrangements were deemed ‘urgent’ and to be ‘finalized’ before 1 October 1961.⁵⁹

It should be recalled that, Resolution 1608 (XV) was applicable to the British Trust Territories of Northern and Southern Cameroons. As for the Northern Cameroons, it specifically provided that, the trusteeship agreement will be terminated on 1/06/1961, ‘...upon its joining the Federal Republic of Nigeria as a separate province of the Northern Region of Nigeria. ’⁶⁰ The status of their ‘joining’ was therefore, clearly defined before the plebiscite. Also, joining with Nigeria for the Southern Cameroons had been defined in these terms; ‘.. .as part of the Federation with the status of a full self-governing region in an independent Nigeria’.⁶¹

The status of the ‘joining’ by Southern Cameroons as defined in paragraph 5 of resolution 1608(XV), was never finalized as resolved by the UNO thereby creating a deficiency in the accomplishment of her functions. This paper finds that this deficiency occasioned a material breach of peremptory norms and in particular erga omnes obligations towards the Southern Cameroons, the breach which occasions appropriate redress by the international community as a whole⁶²

2.3 No third option?

As we have seen in the course of this work, the people of Southern Cameroons were only given the option of eitherjoining Nigeria or Cameroun Republic in their Decolonisation process.⁶³

In a confidential memo dated 07/10/1960 from Mr. CB Eastwood on his return to London after a visit to the Southern Cameroons to Sir John Martin of the Colonial office, he wrote;

... the Southern Cameroons would, of course, be a small and weak state, but with a population of at least 800.000, and perhaps nearly 1.000.000 it would be no smaller and weaker than some of the other states in Africa. Paterson, the Financial Secretary, thinks that it would just be able to balance its Recurrent Budget.⁶⁴

He supported an outright independence for the Southern Cameroons and wished the government of the UK took it up.⁶⁵

The mindset of the UN regarding the granting of independence to non-self-governing territories was conveyed in resolution 1514 (XV) of 14/12/1960 where the grant was never to be affected by, ‘... [inadequacy of political, economic, social or educational preparedness...,⁶⁶

The UNGA and the Trusteeship Council by their activities placed a lot of importance on the attainment by the Trust Territories of the ultimate objective of the International Trusteeship System, self-government or independence.⁶⁷ In this regard, the UNGA adopted resolution 1413 (XIV)⁶⁸ requesting the setting of time-limits for the achievement by Trust Territories of self­government or independence.⁶⁹

[...]

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¹ UN Charter, 1945,Art76b.

² UNGA Resolution 1608 (XV) of 21/04/1961

³ Note 1

⁴ UNGA Resolution 1608 (XV) of 21/04/1961

⁵ International Organisation, Volume 15, Issue 03, June 1961,p 474

⁶ International Organisation, Volume 15, Issue 03, June 1961,p 476

⁷ GA Resolution 1608(XV) of 21 April 1961.

⁸ Patrice Ndedi Penda ; ‘Le Pouvoir aux Deux Visages, Ahmadou Ahidjo La terreur et la posterite ;in Cameroun : Les grandes figures de 1’Independence : Discours prononce devant l’assemblee nationale le 11 aout 1961 Pp44-45 He reasoned that bringing back the seperated part of its territory would not affect the identity of independent Cameroon before international institutions (La Republique Independent du Cameroun ne Change pas de nature au regard des institutions internationales, en retrouvant ses territoires separes)

⁹ Pierre Fabien Nkot: Usages Politiques du Droit en Afrique: Cas du Cameroun, Bruyant Belgique 2005 p 35

¹⁰ Transfer of sovereignty by the UK to the Republic of Cameroon and departure from the the Tiko Airport. Appendix 5

¹¹ Communication 266/03 Kevin Mgwanga Gumne et al/ Cameroon. Found at; http://www.achpr.org/communications/decision/266.03/ last accessed on the 10/08/2016.

¹² Ibid.

¹³ Communication 1134/2002: Fongum Gorji-Dinka V Cameroon, para 2.1. Found at; http://iuris.0hchr.0rg/Search/Details/l 174 last accessed 10/08/2016

¹⁴ Shiyghan Stephen Shemlom , ‘Prison Notes: Letters from the Gallows ofLa Republique du Cameroun’200, Found at; http://www.humanrights.de/doc it/archiv/cameroon/cam.htm last accessed 10/08/2016

¹⁵ Francis B. Nyamnjoh & Nicodemus Fru Awasom in John Percival, ‘The 1961 Cameroon Plebiscite: Choice Or Betrayal’,2008Langaa RPCIG p.6

¹⁶ John Percival, ‘The 1961 Cameroon Plebiscite: Choice Or Betrayal’,2008 Langaa RPCIG

¹⁷ Shiyghan Stephen Shemlom , ‘Prison Notes: Letters from the Gallows of La Republique du Cameroun’200, Found at: http://www.humanrights.de/doc it/archiv/cameroon/cam.htm last accessed 5/07/2016.

¹⁸ Communication 266/03 : (n. 11)

¹⁹ Rhona K.M. Smith, International Human Rights, 6th Edition, p 295

²⁰ Map on appendix 4

²¹ The Constitution of the Federal Republic of Cameroon, Promulgated into law 1/09/1961, S.l

²² Map on appendix 2

²³ Anyopeuh Simon Munzu,’ Cameroon's search for a Uniform Legal System: The example of Criminal Justice’1989, African Journal of International and Comparative Law, Vol. 1, p 47.

²⁴ Map on appendix 3

²⁵ Covenant of the League of Nations 1920, Art 22.

²⁶ Carlson Anyangwe, ‘Imperialistic Politics in Cameroun. Resistance & the Inception of the Restoration of the Statehood of Southern Cameroons’ Langaa RPCIG, p. 20.

²⁷ UNGA Resolution 1514 (XV) of 14/12/1960

²⁸ Ibid.

²⁹ Ibid.

³⁰ UNGA Resolution 1541 (XV) of 15/12/1960, Principle VI

³¹ UNGA Resolution 1352(XIV) ofthe 16 October 1959

³² UNGA Resolution 1352(XIV) ofthe 16 October 1959 Art 2

³³ International Trusteeship System, Article 76; http://legal.un.org/repertorv/art76/english/rep supp3 vol3- art76 e.pdf. last accessed 10/08/2016

³⁴ United Nations Charter, 1945.

³⁵ Benedetto Conforti, The Law and Practice of the United Nations, 3rd Edition Vol.42 p 6.

³⁶ United Nations Charter 1945, Art 7.

³⁷ Ibid, Art 7 5.

³⁸ H. Duncan Hall, ‘The Trusteeship System’1947British Yearbook of International Law, 33.

³⁹ United Nations Charter 1945, Art 75.

⁴⁰ Treaty Series No. 20 (1947) Cameroons Under United Kingdom Trusteeship, His Majesty’s Stationary Office, London.

⁴¹ Treaty Series No. 20 (1947) Cameroons Under United Kingdom Trusteeship, His Majesty’s Stationary Office, London.

⁴² UN Charter 1945, Art 76(b).

⁴³ Ibid.

⁴⁴ UN Charter 1945,Art85.

⁴⁵ UNGA Resolution 1608 (XV) of 21 April 1961

⁴⁶ Ibid.

⁴⁷ Ibid, Art 5.

⁴⁸ UN Charter article 102

⁴⁹ See picture and notes on appendix 5

⁵⁰ Trusteeship Council, Annual Reports [Autumn, 1961] International Organisation, Vol.l5,No. 4p696

⁵¹ Trusteeship Council, Annual Reports [Autumn, 1961] International Organisation, Vol.l5,No. 4p696

⁵² Ibid.

⁵³ Ibid.

⁵⁴ International Organisation, Volume 16, Issue 01, December 1962, p 141.

⁵⁵ Ibid.

⁵⁶ Ibid..

⁵⁷ UNGA Resolutions 1514(XV) of 14/12/1960, 1541(XV) 15/12/1960 and 1608(XV) Of 21/04/1961.

⁵⁸ UNGA Resolution 1608 (XV) of 21/04/1961

⁵⁹ Ibid.

⁶⁰ Ibid, para 4(a).

⁶¹ International Organisation, Volume 13, Issue 01, December 1959, p 117

⁶² James Crawford, ’The Creation of States in International Law’,2006Oxford University Press 2nd Edn pplOl - 104.

⁶³ UNGA Resolution 1352(XIV) of the 16 October 1959

⁶⁴ Carlson Anyangwe, ‘Betrayal of Too Trusting a People. The UN, the UK and the Trust Territory of the Southern Cameroons’, p 189

⁶⁵ Ibid.

⁶⁶ UNGA Resolution 1514 (XV) of 14/12/1960, paragraph 2.

⁶⁷ Repertory of Practice of the United Nations Organs, Supplement No. 3 (1959-1966) Vol.3 International Trusteeship System, Article 76 p 119.

⁶⁸ UNGA Resolution 1413 (XIV) Attainment of self-government or independence by Trust Territories of 5/12/1959

⁶⁹ Note 66