Mr Mukefor,
Two months after the plebiscite vote, on 21 April 1961, the UN General Assembly adopted Resolution 1608 (XV) to give effect to the intention expressed by the people of the Southern Cameroons at the plebiscite.
The Draft Resolution was proposed by India (IYA JAIPAL and Chrishna MENON)
Chairman 14th General Assembly: Lambertin Dinar (Indonesia)
Chairman of the Southern Cameroons item 13 and 41: Adnan PACHASI (Iraq)
Vice–Chairman: Miss Silvia Shelton Villalien (Cuba)
Djabal Abdo (Iran), Plebiscite Commissioner (seating with consultative status).
Take note that the vote was in three stages:
· Round 1: Termination of the trusteeship agreement for the Southern Cameroons .
· Round 2: Independence and its date.
· Round 3: The Treaty and form of union between the Southern Cameroons and La République du Cameroun.
The chairman opened the Debate by putting to vote the entire Resolution 1608 as drafted by the team chaired by M. Stravoulopos; and it was accepted by acclamation. The chairman then put to vote the Rounds with the following results:-
· Round 1: 50 YES votes, 6 NO votes, 12 abstentions;
· Round 2: 50 YES votes, 6 NO votes, 12 abstentions;
· Round 3: Union in the form of a United Federal Republic of Cameroons [Cameroons in the plural (2 Cameroons: La République du Cameroun and the Southern Cameroons )]: 50 YES votes, 21 NO votes, 6 abstentions, as specified in Article B.
On April 21, 1961, the UN General Assembly adopted Resolution 1608 (XV) to give effect to the intention expressed by the people of the Southern Cameroons at the plebiscite. Cameroun, through its Foreign Affairs Minister, Mr. Charles Okala, made a vain vociferous and pathetic protest against the taking of a vote on the independence of the Southern Cameroons and then voted against Resolution 1608. It speaks volumes that the overwhelming UN vote on the independence of the Southern Cameroons did not go down well with Cameroun.
UN Resolution 1608 (XV) of 21 April 1961 required that a “TREATY of UNION” between the Governments of the Federation of Nigeria and of the Northern Cameroons with the United Kingdom as Administering Authority of the Northern Cameroons Trust Territory be worked out before 6 June 1961; and between the Governments of La Republique du Cameroun and of the Southern Cameroons with the United Kingdom as Administering Authority of the Southern Cameroons Trust Territory before 1st October 1961.
The UN Charter demands that all international treaties and agreements entered into by UN member states be duly registered copies deposited at the Secretariat of the Secretary-General of the United Nations Organization in application of Article 102 (1) of the Charter of the United Nations.
Article 102 (1) reads:
“Every Treaty and every international agreement entered into by any member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.”
Article 102 (2) reads:
“No party to any such Treaty or International Agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations”.
The conference to draft the Treaty of Union was to take place with the assistance of Britain, the Southern Cameroons, La République du Cameroun and three experts in Constitutional and Administrative law. This Treaty of Union could legally validate the YES vote retroactively. According to the Law on Treaties (that is their legal system), the draft constitution must be approved by both parliaments of La République du Cameroun and the Southern Cameroons by a Vote of Acceptance after first and second readings to the House by the Speaker; readings during which probable questions on the sensitive points would be asked and answered as well as the psychological, semantics and syntaxes in the draft. If it is rejected, the work on these points must be done again satisfactorily. If it is accepted, it can be debated on its legal implications. After the debate, it can be ratified, meaning that it is good. Then a length of time is set for reflection on it; then after that time, it can be signed, making it internationally binding in international law.
The treaties were to protect the interests of both the Northern Cameroons and the Federation of Nigeria on the one hand, and the Southern Cameroons and La Republique on the other. The Northern Cameroons Territorial Assembly and the Parliament of the Federation of Nigeria would have ratified the worked out Treaty on the one hand, and by the Southern Cameroons Territorial Assembly and the Parliament of La Republique on the other.
"After several presentations, the validation of the plebiscite results in the Southern Cameroons was put to vote. Before the voting proper, Charles Okala, the Foreign Affairs Minister from the Republic of Cameroon called on all Francophone countries to boycott the session because he feared that the UN resolution to put the matter to vote was another British attempt to rob Cameroon of part of its land. Despite the absence of the Francophone states, the plebiscite results in the Southern Cameroons were declared valid by a UN voteof 26 for, 6 against and 33 abstentions.
With the resolution adopted,the General Assembly went ahead to endorse the results of the Southern Cameroons plebiscite."
ETHNIC TENSIONS DURING THE 1961 PLEBISCITE AND REUNIFICATION IN THE SOUTHERN CAMEROONS
Joseph LON NFI
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From: dbtmamfe@hotmail.com
Date: Mon, 24 Feb 2014 14:30:57 +0000
Subject: RE: [cameroon_politics] Urgent: The Argument of FORCE [1 Attachment]
[Attachment(s) from Dennis Tambe included below]ETHNIC TENSIONS DURING THE 1961 PLEBISCITE AND REUNIFICATION IN THE SOUTHERN CAMEROONS
Joseph LON NFI
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From: presidentayah@gmail.com
Date: Mon, 24 Feb 2014 14:06:27 +0100
Subject: [cameroon_politics] Urgent: The Argument of FORCE
OPEN DOOR TO VIOLENCE
BY AYAH Paul ABINE
Cameroon Radio Television – CRTV – in its programme “Cameroon Calling” of February 23, 2014, interviewed a number of persons about the high-sounding nothing christened “50th Anniversary of Reunification”. Among them was Dr Simon Munzu. Munzu, inter alia, dismissed as unworkable Mola Njoh Litumbe’s contention that there is no legal “reunification” between la Republique du Cameroun and Southern Cameroons; and that there is need for dialogue, leading to the signing of an instrument of joining. The ground of Dr Munzu’s stance is that the United Nations did endorse the plebiscite and that it cannot come back on what it has done. He was categorical that the United Nations will not even entertain the issue.
With much respect, one would opine that Munzu made a political pronouncement akin to a layman’s assertion rather than a statement of law. Even as law is essentially argumentative, it would be unfair not to suppose that Munzu, for incomprehensible reasons, overlooked basic notions of the law. With his leave, we propose to draw the learned man of law’s attention to some basic facts and law.
We all know that relevancy is the cardinal canon in every legal disputation. And so do we talk about the fact in issue; facts relevant to the fact in issue; and facts relevant to facts relevant to the fact in issue. In sum, it is elementary law that relevancy does not stretch with infinite elasticity. Munzu may therefore wish to agree with us that the conduct of the plebiscite has never been an issue relevant to the fact in issue that the joining of la Republique to Cameroun by Southern Cameroun is not evidenced in writing. Panels of eminent scholars have so found over the years, thereby endorsing our stance, among us Mola Njoh Litumbe, that there is no legal instrument (document) showing that the two countries have ever been one. The President of la Republique du Cameroun does not hold to the contrary.
Intellectual honesty demands then that Munzu who holds himself out as being more knowledgeable than all of us, including the members of the various panels, (perhaps more president than the President of la Republique du Cameroun), and who consequently holds a contrary view, should name the relevant document, or even just refer us to it. That, in all honesty, is the legal means of proof or disproof. No-one needs to be a fellow in law to din this into Dr Munzu’s head.
If the learned doctor’s trump card is the worthless document called “Cameroon Federal Constitution”, Munzu knows, or at least is presumed to know, that the said document was enacted by the National Assembly of la Republique du Cameroun in April, 1961 – some six months prior to the purported reunification on October 1, 1961. Neither in the context of time nor space did the National Assembly of la Republique du Cameroun have jurisdiction over Southern Cameroons. It is elementary law that, as long as that foreign instrument, namely, “Cameroon Federal Constitution”, was not ratified by the Southern Cameroons House of Assembly, (and perhaps the House of chiefs), prior to the date of the so-called reunification, the said document does not have any binding effect on Southern Cameroons.
Even if any legal instrument there ever was that evidenced the joining, that did not dispense with the legal duty imposed by Article 102 of the United Nations Charter on the member state that la Republique to Cameroun had been since September 1960 to deposit the instrument with the United Nations as evidence of variation in the international boundaries of that member state as of its date of independence. It may not be insulting to say that there is nothing inscrutable about that contention; at least not for a person of Munzu’s erudition.
Granted by the widest and wildest stretch of imagination that there was joining as per the process laid down by the United Nations, on what ground does Munzu base his categorical assertion that the United Nations can never undo what it has done? Munzu knows, or ought to know, that Kosovo was part of Yugoslavia that was a member state of the United Nations. Similarly were East Timor, Eritrea, and South Sudan yesterday parts of member states of the United Nations. Yet did the same United Nations carve out those new states. If Southern Cameroons is a case sui generis, intellectual honesty here again burdens Munzu with proof of the fact that Southern Cameroons is a special case. Millions of Southern Cameroonians expect Munzu to unburden himself so as to dissipate rightful suspicion. That seems important and imperative because not too many ordinary Southern Cameroonians may understand what appears to be a subtle message from him.
Indeed, Southern Cameroonians of a reasonable station in life do find Munzu’s subtlety bare of ambiguity. They know that for his learning and relations with the United Nations, Munzu is possessed of all the facts. He surely is not wrong in his assertions relative to the conduct of international business by that world body. It is common knowledge that only violence compelled the United Nations to create the new nations out of its member states. Munzu therefore advises that our slogan of “the force of argument…” can never set the United Nations in motion. To explain in superfluity, Munzu is categorical that the only language the United Nations understands is violence. And that, after all, is enshrined in the charter of the world body!
--
Communications & Public Relations,
People's Action Party, PAP
National Working Secretariat,
Buea, South West Region,
Cameroon.
Motto: Work - Peace - Justice
Tel: (00237) 78 35 80 29 / 94 99 87 43
*E-mail: papcameroon@yahoo.com, presidentayah@gmail.com
*Official Website: www.paprc2011.com OR www.ayahpaul.net
*Facebook Page: *www.facebook.com/#!/profile.php?id=100001912645245
--------------
"I profoundly believe all Cameroonians will some day speak the same
language, sing the same songs, dance to the same rhythm, dine and wine at
the same table. When the rich shall cater for the poor and the strong shall
help the weak, the law shall be supreme, justice and peace shall forever
reign, if we are honest and believe we can get there. God bless
Cameroon."Hon. AYAH Paul ABINE, Cameroon 2011 Presidential Candidate and PAP National Secretary General.
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