Southern Cameroons vs. La Republique du Cameroun – The Ruling of the African Commission on Human Rights

Dibussi Tande

“The Commission, however, finds also that the Respondent State violated various rights protected by the African Charter in respect of Southern Cameroonians. It urges the Respondent State to address the grievances expressed by the Southern Cameroonians through its democratic institutions." African Commission on Human Peoples' Rights

In a communiqué read on state-run media on October 1, 2009 – the 48th anniversary of the (re)unification of Southern Cameroons and the Republic of Cameroun – Issa Tchiroma Bakary, Cameroon’s Minister of Communications, informed the public that the African Commission on  Human and Peoples' Rights had ruled on the case filed by  SCAPO and the SCNC. He stated that  “In its final decision, the commission has rejected all the secessionist claims made by the representatives of SCNC and SCAPO. The commission has also rejected allegations that the Anglophone community is victim of violence and discrimination.”

Not surprisingly, the Minister did not make public actual text of the ruling which was not as clear-cut as the communiqué claimed, and contained a litany of violations committed by the Cameroonian state against the former British Southern Cameroons. As the Commission unequivocally states in its ruling, “The Commission, however, finds also that the Respondent State violated various rights protected by the African Charter in respect of Southern Cameroonians”. Specifically, the Commission found that “the Republic of Cameroon has violated Articles 1, 2, 4, 5, 6, 7(1), 11, 19 and 26 of the Charter.”

Pyrrhic Victory?
A detailed reading of the 41-page ruling shows that the victory which the government of Cameroon has been celebrating since October 1 is actually a stinging rebuke of the Cameroon’s executive and judiciary, along with its military and Para-military forces who are clearly indicted in the mistreatment of citizens of the former British Southern Cameroons.  Even on the issue of “secession”, which is the most significant victory for Cameroon, the Cameroonian state was forced to concede, for the first time ever, that there are indeed situations under which Southern Cameroons could legitimately and legally secede from the union. This is without doubt, the most significant victory scored by SCAPO and the SCNC, especially since no one ever expected the commission to sanction the break-up of an African state. One doesn’t need a crystal ball to realize that this declaration by will come back to haunt Cameroonian authorities down the road.

Before we look at each of the violations of which the Republic of Cameroon is accused of, here is an overview of the Commission’s take on three key issues; Southern Cameroonians as a distinct people, the annexation of Southern Cameroons by “la Republique”, and Southern Cameroons’ right to self determination.

Are Southern Cameroonians a “Distinct People”?
In their complaint, the SCAPO and SCNC argued that the “unlawful and forced annexation and colonial occupation” of Southern Cameroon by the Respondent State constituted a violation of Article 20 of the Charter.”, and claimed that Southern Cameroonians are entitled to exercise the rights to self determination under Article 20 of the Charter as a separate and distinct people from the people of “La Republic du Cameroon.””

The Republic of Cameroon, however argued that the people of Southern Cameroons could not be considered a distinct people

“because the specificities of former Southern Cameroons stem solely from the heritage of British administration and the legacy of Anglo-Saxon culture. No ethno-anthropological argument can be put forward to determine the existence of a people of Southern Cameroons, the Southern part being of the large Sawa cultural area, the northern part being part of the Grass fields’ cultural area. Since 1961, although some specificities had been preserved on more than one aspect, there had been remarkable rapprochement at the administrative and legal levels. The ‘separate and distinct people’ thesis is no longer valid today.”

The Commission rejected the Cameroon’s argument and insisted that:

“the people of Southern Cameroon can legitimately claim to be a “people.” Besides the individual rights due to Southern Cameroon, they have a distinct identity which attracts certain collective rights… the Commission finds that “the people of Southern Cameroon” qualify to be referred to as a “people” because they manifest numerous characteristics and affinities, which include a common history, linguistic tradition, territorial connection, and political outlook. More importantly they identify themselves as a people with a separate and distinct identity. Identity is an innate characteristic within a people. It is up to other external people to recognise such existence, but not to deny it.”

The Annexation of Southern Cameroons
The Commission refused to rule on SCAPO’s claim that La Republique du Cameroun had “forcefully and unlawfully annexed” Southern Cameroons and “… established its colonial rule there, complete with its structures, and its administrative, military and police personnel, applying a system and operating in a language alien to the Southern Cameroon, … and continues to exercise a colonial sovereignty over Southern Cameroon to this day.”

This refusal “to adjudicate on the legality of those events” was not due to the alleged “Baselessness of the SCAPO claim as the government of Cameroon now claims but solely because the commission found itself incompetent  “due to limitation imposed on its jurisdiction rationae temporis” – limitations that are outlined in great detail in the commission’s ruling.

The Right to Self Determination
On this key issue of the SCAPO case, the Republic Cameroon was forced to go against its long-standing “one and indivisible” stance, and conceded that there were indeed conditions that would legitimately force Southern Cameroons to leave the union:

“[t]he self determination of the “people” of Southern Cameroon… would be understandable where there are tangible evidence of massive violations of human rights, and where there is evidence
ascertaining the refusal of the nationals of Southern Cameroon, the right to take part in the management of public affairs of the State of Cameroon. There is no such proof..."

A significant concession, if ever there was one, which the commission did not fail to notice, pointing out that “In their submission, the Respondent State implicitly accepted that self determination may be exercisable by the Complainants on condition that they establish cases of massive violations of human rights, or denial of participation in public affairs.”

In the end, though, the commission rejected self determination through secession arguing that the violations of Articles 1, 2, 4, 5, 6, 7, 11, 19 and 26 of the Charter committed by the Republic of Cameroon had not yet met the threshold for secession.

Nonetheless, this key victory by the Republic of Cameroon was put in check by a stinging rebuke from the Commission:

“The Commission, however, finds also that the Respondent State violated various rights protected by the African Charter in respect of Southern Cameroonians. It urges the Respondent State to address the grievances expressed by the Southern Cameroonians through its democratic institutions.

The 1993 Buea and 1994 Bamenda Anglophone conferences raised constitutional and human rights issues which have been a matter of concern to a sizable section of the Southern Cameroonian population for quite a long time. The demand for these rights has led to civil unrest, demonstrations, arrests, detention, and the deaths of various people, which culminated in the demand for secession.”

Recommendations

The Commission concluded by once again poking the Republic of Cameroon with a series of recommendations that asked it to clean up its act towards Cameroon’s English language community.
The African Commission therefore recommends as follows;

That the Respondent State

1. Abolishes all discriminatory practices against people of Northwest and Southwest Cameroon, including equal usage of the English language in business transactions;
2. Stops the transfer of accused persons from the Anglophone provinces for trial in the Francophone provinces;
3. Ensures that every person facing criminal charges be tried under the language he/she understands. In the alternative, the Respondent State must ensure that interpreters are employed in Courts to avoid jeopardising the rights of accused persons;
4. Locates national projects, equitably throughout the country, including Northwest and Southwest Cameroon, in accordance with economic viability as well as regional balance;
5. Pays compensation to companies in Northwest and Southwest Cameroon, which suffered as a result of discriminatory treatment by banks;
6. Enters into constructive dialogue with the Complainants, and in particular, SCNC and SCAPO to resolve the constitutional issues, as well as grievances which could threaten national unity; and
7. Reforms the Higher Judicial Council, by ensuring that it is composed of personalities other than the President of the Republic, the Minister for Justice and other members of the Executive Branch.

To the Complainants, and SCNC and SCAPO in particular,

1. to transform into political parties,
2. to abandon secessionism and engage in constructive dialogue with the Respondent State on the Constitutional issues and grievances.

The African Commission places its good offices at the disposal of the parties tomediate an amicable  solution and to ensure the effective implementation of the above recommendations.

The African Commission requests the Parties to report on the implementation of the aforesaid recommendations within 180 days of the adoption of this decision by the AU Assembly.

Comments

[dango tumma]

WHAT IS ACHPR? JUST LIKE THE OAU/AU JUST A
CORRUPTION CAMP WHERE THE FRENCH AND THE AFRICANS FREINDS TEAM TO CURRUPT AND
STEAL RESOURCES FROM AFRICANS. WHAT CASES HAVE THE ACHPR OR AU SOLVE IN THEIR HISTORY? THIS ACHPR OR AU IS INCOMPETENT TO HAND THE SOUTHERN CAMEROONS INDEPENDENCE STRUGGLE. THE UN SHOULD BE THE RIGHT OFFICE, WHY BECAUSE IT WAS THE UN THAT ASKED FOR THE 1961 INDEPENDENCE BY JOINING WITH LA REPUBLIQUE DU CAMEROUN(CAMEROUN) SOO WHY GO TO ANY OTHER ORGANISATION RATHER THAN THE UN? AND IF THE UN CANT CALL FOR A REFERANDUM TO DETERMIN THE WISH OF 7M SOUTHERN CAMEROONIANS. THEN THE SCAPO/SCNC SHOULD START THINKING OF A GUERRILA WAR. AFTER ALL IT WAS CAMEROUN WHO STARTED THE MILITARY CONFRONTATION BY FORCING ITS MILITARY INTO SOUTHERN CAMEROONS IN 1961, THE TREMS OF THE PLEBESCITE NEVER CALLED FOR CAMEROUN TO RUSH ITS ARMY AND GERDAMES AND STATION THEM THERE, THEREBY RENDERING FREE MOVEMENT OF PEOPLE AND GOODS IMPOSSIBLE, CURTAILING CIVIL RIGHTS ,ARRESTING AND TORTURING THE CITIZENS, WITHOUT CAMEROUNS MILITARY PRESENCE, SOUTHERN CAMEROONS WOULD HAVE RESULTED TO A CIVIL AND INDEPENDENT AUTO-DETERMINATION IN DEVELOPMENT AND ECONOMIC REBUILDING.

[larry]

And how come we had to first hear about this ruling from La Republique and not from SCAPO or the SCNC? I am hoping mad at this act of "criminal negligence". Time for "Regime change" within the Southern Cameroons nationalist movement?

[SJ]

Issa Tchiroma has just declared over CRTV and Camerounese Tribune that it is snowing heavily in Yaounde and Douala ... and he absolutely believes by it. Do you believe it too Larry?

[VA Boy]

La republique, the 180 days are rapidly running out...

[VA Boy]

keep making propaganda instead of talking

[Alain Dipoko, Yabassi Boy.]

Mr. Tande Dibussi, thank you for your wonderful paper. As promised, I shall not comment on it now. I have reserved my commentaries till November the 10th. As of now, i am preparing a rebuff. Once more thank you sir. You are agreat son of your country.

[Toivi]

whats interesting there is the fact that the court makes reference of Southern Cameroons as a people with its own separate identity, meaning, no matter the legal abstraction masking its judgment, we remain an independent people with a common destiny. Is it not slomo who once said WATER AND PARAFIN CAN NEVER MIX EVEN IF BOILED AT 1000°C
GOD SAVE SOUTHERN CAMEROONS

[J. S Dinga]

It would be nice to get human beings, sons and daughters of Southern Cameroons, to use their heads and minds constructively and come up with positive suggestions to take advantage of the present ruling and put forward meaningful ideas (not the type of insolent and unhelpful vitriols we are accustomed to). Surely it is not by insulting Issa Tchiroma or suggesting a new government to replace SCAPO or SCNC that is the way forward. Southern Cameroons can do better than that and deserves better. If people have no useful contributions to make, it would be prudent to make room for those that can do so. Our identity won this case, not because of annoying vexatious utterances, but because of cool, level-headed logic and arguments put forth by persons who love Souothern Cameroons. Such persons deserve our support, not our recriminations or insolent vituperatioons directed not at the source of oour problem, but at each other.

[Mjj]

I commend the SCNC, SCAPO and the Peoples of Southern Cameroon for winning this case. The African Commission on Human Rights is wise enough to give room (180 days) to allow for negotiations with the respondent state (LRC). Southern Cameroonians have an International Identity which LRC has over the years tried to erase or hide. I hope LRC will be humble enough to come to the negotiating table to address their criminal violations on the State of Southern Cameroon immediately. Southern Cameroonians are determined and ready to see that this issue is resolved once and for all. Southern Cameroon State is FREE at this moment to invite the international Community to witness it's declaration of independence if LRC does not clean its act.

[dango tumma]

THOSE WHO HAVE EYES MUST SEE, THOSE WHO HAVE EARS MUST HEAR, GIVE ME LIBERTY OR GIVE ME DEATH. IKNOW CAMEROUN(FRENCH) WILL BE THINKING OF WHICH SOUTHERN CAMEROONS CHIEFS, FONS, CITIZENS LIKE THE YANG, ACHU, ETC NJEUMA. WHO WILL BE BRIBE
TO TURN OVER SCNC/SCAPO CITIZENS IN THEIR TOWN TO BE KILLED, SOO DONT BE FOOLISH ENOUGH TO SLEEP SCAPO/SCNC, THE
END OF THE ROPE IS . THAT, CAMEROUN MUST PULL ITS MILITARY, GERDAMES, POLICE, ADMINISTRATION COMPLETELY FROM ALL OF SOUTHERN CAMEROONS, SINCE THE 1961 PLEBESCITE VOTE NEVER AUTHORIZED CAMEROUN TO RUSH ITS MILITARY AND ADMINISTRATION AND STATION THEM THERE FOR 47 YRS KILLING, RAPING, ARRESTING, JAILING, IMPOVERISHING, INTEIMIDATION, SABOTAGING THE ECONOMY AND COMMITING GENOCIDE AGAINST US, SCNC/SCAPO. LISTEN TO ME I AM YOUR PROPHET, WHEN MANDELA WAS ASKED BY THE APARTHEID GOVERNMENT, TO NEGOTIATE WITH THEM SOO HE COILD BE RELEASE FROM JAIL, HE SAID ONLY FREE MEN ENTER INTO NEGOTIATION, SCNC/SCAPO MUST NEVER ENTER INTO NEGOTIATION, WITH CAMEROON
UNTILL SOUTHERN CAMEROONS IS COMPLETELY FREE. THE UN SECURITY COUNCIL MUST BE
PRESENT IN ANY MEANINGFUL SAY. AS AN OBSERVER.

[dango tumma]

MR DIBUSSI
A CORRECTION ITS UNIFICATION AND NOT
REUNIFICATION, SOUTHERN CAMEROONS AND CAMEROUN HAVE NEVER IN HISTORY BEEN ONE COUNTRY, SOO DONT BUY THAT THEIR SPIN
KAMERUN WHICH WAS A GERMAN TERRITORY
NEVER A COLONY COMPRISES OF TOGO, SOUTHERN CAMEROONS, CAMEROUN, TCHAD AND GABON, THE SEMANTIC WORD KAMERUN RYME JUST LIKE CAMEROUN SOO, THE FRENCH CAMEROUNIANS THINKS IT THE SAME COUNTRY AS KAMERUN. WRONG IT WAS NOT
SOO ITS UNIFICATION. AND ITS INDEPENDENCE NOT SECESSION THAT SOUTHERN CAMEROONS IS FIGHTING, LITORRAL, GAROUA CAN SECEDE NOT SOUTHERN CAMEROONS ITS NEVER BEEN A PROVINCE OF CAMEROUN TILL CAMEROUN RUSHED ITS ARMY AND ANNEXED IT IN 1961 JUST AFTER THE PLEBISCITE RESULTS.TILL THIS DAY.

[Mbeseha]

British Cameroonians,do not be fooled for a second time. You may remember La Republique bought his own Southern Cameroonians to interplead and claim that they were negotiating with them. They will try it again. Yang is not going to forego his position silently. Neither will his likes in the government and employment of the enemy. We either do it now or never!!

[Kongnyuy Emmanuel Jumbam]

It is time for all Southern Caameroonians to speak with one voice on a concerted agenda.Southern Cameroons have won the case it should be fast in implementation.To be wise it should leave outweakness,rally behind leaders who are now ready for a full Southern Cameroons soveriegnty, so we meet in BUEA.

[michael njei]

Brothers and sisters of southern Kameroon, it is time for us to wake up. It is time to maintain our dignity. In the hands of the Germans and the British,we were a unique people till the french came in.I pray that all our Chiefs,Fons and top politicians of southern Kameroon start meeeting together and came out with an agenda for us.
From Los Angeles, we're ready to support.

[BILLY]

THE ONLY WAY TO BE COMPLETELY INDEPENDENT IS FOR ALL SONS AND DAUGHTERS TO REFUSE PARTICIPATION IN ALL FORMS AND SHAPES UNTILL FRENCH CAMEROUN ACCEPT OUR INDEPENDENCE.THAT'S A MORE DIFFICULT BUT EFFECTIVE SOLUTION.SO LONG WE ARE SEEN TO PARTICIPATE AND ACCEPT THEIR RULE AND LAW,IT TAKE AGES FOR ANYTHING TO BE ACHIEVED.

[Gabriel Manje]

The best way to have any negotiation with LRC is to invite them to neutral grounds with witnesses from the UN and AU. Do not let them handpick whom to negotiate with. We know who the leaders of SCNC and SCAPO are so no sycophant should show his or her ugly head in any of these talks. We all witnessed how the heretic Ahidjo pitted Muna against Foncha/Jua, handpicked our representatives and deprived us of any free and fair elections and how we lost our rights and property. If our leaders don’t start acting immediately we should know what to expect. The LRC can stage manage a fight between the factions, declare a state of emergency, arrest the leaders as they have already done, trump up charges . WE all read from the SCNC that they are secretly arming francophones with a stake in our country so know what direction LRC is going and nothing should surprise you.

[Dango tumma]

ARE WE SUPPOSE TO JUST STAND BY AND WAIT FOR THE CAMEROUN TRIBAL GOVT OF PAUL AND CHANTAL BIYA TO START THE RWANDA
SCENARIO ALL OVER? AT LEAST IF THE VICTIMS OF RWANDA WERE SECRETLY ARMED, THEY WOULD HAVE DEFENDED THEMSELVES, THATS THE CHOICE SOUTHERN CAMEROONIANS MUST MAKE , AND THE TIME IS NOW.

[dango tumma]

micaheal njie
your answer is above, unity is voluntary
not by force, southern cameroonians voted for independence, to join in a fderal states, not to became a province or region of french cameroun and
these 2 countries had never been one else
there wont be a call for unification in the first place, german kameroun is nor cameroun. your history from the french is call brainwash history.

[harrison]

Hello
I am harrison nojang a good looking male i am humble and cool
above all i am loving and only i have gone through your profile
treuly it is quite intresting to me i will like to have a good relationship
with you so kindly get incontact but i am deaf and i am from cameroon .
with me through this address

[fritz]

Issa Tchiroma Bakary is an odiot who has betray even his own househood just for money as i can say.Where is his political party. what make a man is not his physical appearance but his heart. Issa Tchiroma Bakary you are a very bad and wicket man.You should fight for our formal president your own brother to be bring back home for state placement to in peace.fool

[mimbah sharon mbakwa]

The struggle has taken a long time.We need it now.It is a just case in international scene.We are all committed into and pray for GOD to restore this beautiful state of Ambazonia from jealous regime from La Republic du cameroun.

[mimbah sharon mbakwa]

We are glad that we need our independence now.We love the leadership and their commitement for our struggle.We will never relent our effort behind our struggle.GOD has taken care of it, that is why we have reached this level which is near completion.All the evidence that we have plus UN recognitions of Ambazonia,AU's BANJUL verdict for constructive dialogue with British cameroonians(scnc)and other facts not mention which we all know against La Republic du cameroun are enough reasons for all British cameroonians to take courrage and rally in the beautiful capital of Ambazonia(BUEA),this will call for international concern for immediate restoration of our statehood.GOD BLESS AMBAZONIAN PEOPLE - AMEN!