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have committed a long list of human rights abuses and violations. On
the all-important question of self-determination for the people of the
Southern Cameroons (that is, the right to decolonisation from
annexation and colonial occupation by Cameroun Republic), the
Commission failed to rise to the occasion. The expectation kindled by
the case turned out to be an evanescent hope.
The Commission characterised the Southern Cameroons long
struggle for decolonisation and full control over its territory as
‘engaging in secession’. It declared that ‘secession’ is not a variant of
self-determination recognised under the Charter (paragraph 192, 202).
The ruling that the basic population of the Southern Cameroons
constitutes a ‘people’ clearly has implications for the rights which
attach to that term under international law. One such right is that of
self-determination. The Commission further declared that the
Southern Cameroons is part of Cameroun Republic and that its claim to
independence would violate the territorial integrity of that country. The
Commission did not say how the Southern Cameroons could
mysteriously be part of the territory of the French-speaking state of
Cameroun Republic which achieved independence from France on
1 January 1960 without the Southern British Cameroons within its
boundaries before or at independence. How could the UN’s purported
‘decolonisation’ of British-administered Southern Cameroons in 1961
have possibly taken place within the French-speaking independent
state of Cameroun Republic which itself was a UN trust territory
separate and distinct from the Southern Cameroons? It is sometimes
claimed that the Southern Cameroons ‘joined’ Cameroun Republic in
October 1961. But a ‘joining’ of peoples or of territories cannot be
informal. It is always formal, underpinned by an agreement concluded
between the parties, which in this case is lacking.
The salient facts in Gumne were these. The date of the
independence of the Southern British Cameroons was set by the United
Nations for 1 October 1961 to coincide with the date of termination of
United Nations trusteeship of the territory.48 The achievement of that
independence was unlawfully suppressed by Cameroun Republic. On
the same day of termination of trusteeship, the departing British
colonial authorities unlawfully handed the instruments of power, not to
the functional government of the Southern Cameroons as required by
international law (UN Declaration on the Granting of Independence,
1960) but inexplicably to the French-speaking foreign state of
Cameroun Republic, which then assumed an illegitimate oppressive
power over the Southern Cameroons as successor colonialist. The result
of these two events (Cameroun Republic’s unlawful suppression of the
independence of the Southern British Cameroons and the British
transfer of the Southern British Cameroons to the sovereignty of
Cameroun Republic) was re-colonisation of the Southern British
Cameroons rather than decolonisation of the territory. This
colonisation by the adjacent French-speaking state of Cameroun
48
UN General Assembly ‘The Future of the Trust Territory of the Cameroons Under
United Kingdom Administration’ A/RES/1608) 21 April 1961.