By Dr. Zuhmboshi Eric
In this present struggle for our freedom
and independence, we should be very careful and articulate in the way we use
legal words and concepts in order not to create the wrong impression. I say so
because I have heard and read many write-ups on Facebook where Southern
Cameroonians are voicing that they want “Secession” from La Republique du
Cameroun.
In
reality, do we really want “secession” or “separation”? In normal discourse
these words are used synonymously. However in politico-legal discourse, they
are different with different implication and application. Which of these
concepts is applicable in the Southern Cameroons situation?
The
aim of this short write-up is to explain these two concepts, secession and
separation, and determine the one which is applicable in our context.
Contextually,
what Southern Cameroonians are asking for is a mere Separation from L R.C, not
Secession!
As
a matter of fact, secession does not in any way apply here and if we keep
forcing the word into our context, it might create a negative impression which
could be counter-productive to our struggle. In this guise, most Southern Cameroonians
are separatists and not secessionists – even our SCNC brothers.
In
international law, secession is the detachment of a territory that was part of
another at the date of independence. For example, what the Biafrans were trying
to do in Nigeria was secession because at the time Nigeria had her independence
on October 1, 1960 the territory of Biafra was an integral part of Nigeria.
The
most recent example is Southern Sudan which seceded from Sudan
Contrariwise,
separation is the detachment of a territory that was not part of a country at
the time the country had her independence. In this case, Southern Cameroons was
never a part of French Cameroun when the latter granted independence on January
1, 1960. Consequently, the detachment of Southern Cameroons from La Republique
du Cameroun is not "secession" but a mere act of separation.
If
we keep using the word secession in our context, it will create the impression
that we were once part of French Cameroun at the time it had independence in
1960 – an idea which is historically untrue and misleading!
Interestingly,
the act of separation is permissible under the African Union Constitutive Act
(Charter) of which La Republique du Cameroun is a signatory. The A.U. Charter
accepts separation because no people can consciously form a union with another
country to assume the status of slaves or sub-humans.
In
international law and diplomacy, nations form unions in order to better their
conditions of existence. If what brings two or more nations together cannot
longer sustain them, they have the right to either re-negotiate the terms of
their union or separate indefinitely – which is different from secession. They
came together willingly; so they can separate willingly!
In
the case of Southern Cameroons, our fore-fathers voted overwhelmingly on
February 11th, 1961 to have their independence by joining French Cameroon under
the guise of forming a federal association with the latter. In fact in June
1960, President Ahidjo reiterated that French Cameroon had no intention to
annex British Southern Cameroons. In his interview in “Agence Press
Camerounaise” he said: “I have said and repeated, in the name of the Government
[of République du Cameroun], that we do not have any annexationist design”. In
July, the same year, he stated more firmly in the same press that “For us,
there can be no question of annexation of the Southern Cameroons. We have
envisaged a flexible form of union, a federal form.”
Conclusively,
it was on the basis of Ahidjo’s assurance that he will not annex Southern
Cameroons that we formed a federal union with French Cameroun on the 1st of
October, 1961 although no union treaty was signed to this effect. Truly, what
brought us into this union was a federation and since it was destroyed in 1972
under the pretext of an illegal referendum, La République du Cameroun has no
locus standi to force Southern Cameroons to stay in the association since what
brought them together is no longer in force.
Southern
Cameroonians, therefore, have the legal right to separate from La République du
Cameroun as per the A.U Charter which permits the separation of countries and
also the U.N. Resolution 1541 of 15th of December, 1960.
We
shall overcome because he who is with us is great than him who is in them!
No comments:
Post a Comment