MOLA'S EXPLANATION OF WAY FORWARD MAKES TOTAL SENSE

From: Njoh Litumbe
Sent: 02 December 2016 22:07
To: fred.kemah@hotmail.co.uk
Subject: The Impasse in Cameroon
 
Dear Mola Fred

I think your proposal for all stakeholders in the current impasse to meet in a neutral place such as in London, is a positive forward step..

The tribunal of the African Union also said so in 2009, by inviting both the complainants of Southern Cameroons and the respondent La Republique du Cameroun, to engage in "Constructive Dialogue" under the auspices of the African Commission, to see if the parties could resolve their political differences amicably.  The complainants accepted, but the respondent state has tacitly refused.

So long as LRC refuses to accept the fact that their country gained independence on 1st Jan 1960, when its territorial boundaries were frozen,  and upon being admitted to membership of the UN on 20 Sept 1960, it became bound by the UN Constitution (Charter) which emphatically lays down in Art. 102 the procedure for a member state of the UN to legally join another territory, I fear to predict that the outcome of the proposed conference might end up in disarray. Both French Cameroun and British Cameroons were two distinct UN trust territories of the same classification.  That is why one got its independence before the other..

The law establishing the "Federal Republic of Cameroon" which allegedly created a Federal union between the 2 Cameroon parties, was debated and passed unilaterally and exclusively by the Parliament of La Republique du Cameroun, and was promulgated on 1 Sept 1961 by its President, Alhadji  Amadou Ahidjo.  At the material time, Southern Cameroons was still a UN trust territory until midnight of 30 Sept 1961, firmly under British colonial administration, and  was governed by its own colonial type constitution known as the Southern Cameroons Order-in-Council 1960 that was passed by the British Parliament on 1st Oct 1960.  That Constitution reserved powers over the portfolios of Defence and Foreign Relations to the Colonial office in London.

Dr Foncha's meeting in Foumban with Ahidjo in July 1961 was a clear violation of the Constitution of Southern Cameroons. It is therefore clear to see that the LRC Law No. 24/61 creating "La Republique Federale du Cameroun," and promulgated on 1st Sept 1961, had no application whatsoever to the People and territory of Southern Cameroons.   Premier Foncha had no constitutional authority to negotiate with a foreign head of state over matters pertaining to the sovereignty of Southern Cameroons.  The meeting in Foumban was therefore an open violation of the Constitution under which Dr Foncha was designated Premier by HM Government, to which he swore allegiance.  The change of LRC's name to La Republique Federale du Cameroon in the Parliament of La Republique du Cameroun amounted to no more than a change of name of the same country of La Republique du Cameroun.

There was therefore no legal union between the 2 Cameroon parties, as mandatorily required by the UN Charter Art 102.  The solution to this, as also recommended by the African Union Commission whose jurisdiction was accepted by both Cameroon parties, is to have a round table conference, as equal partners, and draw up a Constitution acceptable to both parties, and file a copy at the UN Secretariat in compliance with Art. 102 of the UN Charter.  Should the parties fail to reach common Agreement, they should then peacefully go their separate ways. 

 LRC's current proposals to end the strike begs the question and betrays its misguided  annexationist belief that Southern Cameroons is an integral part of its territory, contrary to UN General Assembly Res. 1608(XV) of 21 Apr 1961 which fixed the date of 1st  Oct 1961 as the date of independence of Southern Cameroons which, as an independent state, could then negotiate and join LRC in a Federal Union of 2 states equal in status.

I would be happy to host a meeting of Southern Cameroons political stakeholders to see how best we could agree on common ground against LRC.  The latter state has no experience in true federalism or a smooth transition of power, but prefers to annex Southern Cameroons and rule it in typical Sadam Husein/Kuwaiti fashion which necessitated a global war to drive Iraq from Kuwaiti terriktory. If the parties fail to reach a consensus, they should, peacefully, go their separate ways.

Once a reasonable number of Southern Cameroonians have signed the ongoing Signature Referendum by the end of this month, Southern Cameroonians (Ambazonians) would then re-constitute their suppressed Government and apply for membership of the United Nations.

In the meantime, the strike of the learned men, teachers, etc. should be massively intensified and supported until LRC accepts that Southern Cameroons has always been a separate country and has no intention of being re-colonized, annexed or assimilated as second class citizens into La Republique du Cameroun.

God bless you, brother.

Mola

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