Update :The Uncompleted Decolonization of the UN trust territory of Br Cameroons

By Mola NJOH LITUMBE,
Senior Cameroonian Citizen, Politician & Opinion Leader

The UN Trusteeship Council executed a trust Agreement on 13 December 1946 with Britain over a clearly defined territory known as Br. Cameroons that was located between Nigeria and another UN trust territory then known as French Cameroun that gained sovereign independence on January 1, 1960. By the terms of the Trusteeship Agreement, Britain undertook to lead the territory of Br Cameroons and its inhabitants ultimately to self-government or independence, in accordance with Art 76b of the UN Charter.
2. On December 12, 1960 the UN passed the landmark Res. 1514(XV) which enjoined member states that were administering non-self-governing territories to unconditionally transfer all powers to the inhabitants of those territories, that inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence, and that any attempt at partial or total disruption of the national unity or territorial integrity of a non-self-governing territory was incompatible with the purposes and principles of the Charter of the United Nations.
3. Three days later, on December 15, 1960 the UN passed Res. 1541(XV) which stated that short of gaining outright independence, a non-self-governing territory could be deemed to have attained independence (viz. reached a full measure of self-government) by either (i) freely associating with an independent state or (ii) integrating with an independent state. Thus, the concept of attaining independence by joining was defined, and the terms for doing so clearly spelt out in the relevant Resolution 1541(XV), Principles VII, VIII and IX.
4. While the granting of outright sovereignty to colonial peoples was the direct route to attaining self-determination, independence by joining may be regarded as the alternate route to attaining sovereignty. The non-self-governing territory gains its independence in so doing, so Res. 1541(XV) spells out clearly the rights and obligations of the parties in such a political matrimony. The non-self-governing territory is usually the weaker partner in such a venture, so both parties assume the rights and obligations prescribed in the Resolution in much the same way as two persons who desire to enter into wedlock are bound by the terms prescribed by law. In the case of two countries that desire to unite, it is implied that they do so in conformity with the laid down conditions prescribed first by the UN Charter Art. 102 and with UN Res. 1541(XV). The idea of the sovereign state treating the joining partner as unequal is contrary to Res. 1541(XV) and the principle laid down in Res. 1514(XV) of December 12, 1960 which states emphatically that “the subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the United Nations Charter, and is an impediment to the promotion of world peace and co-operation …” The goal of taking the alternate route is still independence, and that is why UN Res. 1541(XV) prescribes the methodology of gaining independence by joining, and the assumed rights and obligations of the parties in such a political enterprise.
5. It must be emphasized that in these discussions, we are dealing with the United Nations Organization, the foremost international body that has a written Constitution or Charter to which all its members are subject. LRC became a member of the UN on 20 September 1960 while Nigeria followed suit on 7 October 1960. Britain became a member as far back as 24 October 1945. As the balkanization of Br Cameroons occurred in 1961, Nigeria, LRC and Britain were subject to the mandatory provisions of UN Charter Art. 102. It is therefore safe to say that any act of a UN member state that contravenes the Articles of the Charter is unconstitutional and therefore inadmissible.
6. The governing provision of the Charter as regards a member state of the UN that seeks to enter into Agreement with another territory, is Art. 102, which states thus:
“Art. 102 (1) 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 [of the UN] and published by it.
(2) 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.”
It will be observed that there are no exceptions for the non-compliance with the above Charter Article.
7. Taking the case of the UN trust territory of Br Cameroons, the territory was denied, rightly or wrongly, sovereign independence. A UN supervised plebiscite was conducted on 11/12 February 1961 to ascertain the democratic option of the inhabitants as to whether they wished to join either Nigeria or La Republique du Cameroun (LRC) (not both). It is very strange to note that the votes for the one trust territory were not tallied to determine the democratic option of the inhabitants, but a portion of the trust territory was ceded to Nigeria while the other part was ceded to La Republique du Cameroun. Apart from there being no Agreements governing the terms of these so-called unions as prescribed by UN Charter Art. 102, we find the perplexing situation by which one of the parties (LRC) cites Nigeria before the ICJ (an organ of the UN) claiming title over Bakassi that is located in the territory of Br Cameroons, without first tendering proof that subsequent to its (LRC’s) independence on January 1, 1960 it entered into a Union Treaty with the territory in which Bakassi is located, to justify its alleged claim of title over Bakassi. In the result, judgment for LRC over Bakassi was obtained by default. It amounted to using the ICJ as a smokescreen for a flagrant and blatant infringement of Art. 102 of the UN Charter. The whole enterprise was consequently unconstitutional and an abuse of process.
8. It is therefore important that the ICJ should pronounce on whether or not the UN trust territory of Br. Cameroons or any part thereof, attained independence at all in accordance with Art. 76b of the UN Charter, or must be deemed to have so done, pursuant to General Assembly Res. 1541(XV). To this end, the Secretary-General of the United Nations is respectfully invited, on examining the merits of this case, to request the President of the Trusteeship Council to convene a meeting of Council, to consider the serious complaint that in the light of unfolding evidence, the UN trust territory of Br Cameroons did not actually attain independence, so that the Trusteeship Council which has locus, refers the matter to the ICJ for an advisory opinion.
9. In the alternative, the UN Secretary-General, acting on his own motion, should commence discreet consultations with Nigeria and La Republique du Cameroun, and explain to both that they should endeavour to comply with the terms of joining prescribed by the UN Charter Art. 102, by negotiating under UN auspices, directly with the inhabitants of the territory of Br Cameroons as prescribed by UN General Assembly Res. 1608(XV), and file a copy of any Agreement(s) reached at the UN secretariat, otherwise their claim to governance over portions of Br Cameroons territory offends the statutory provisions of Art. 102 of the UN Charter which, as UN Secretary-General, he is sworn to uphold and defend. Failing that, Nigeria and LRC who annexed portions of Br Cameroons, should be persuaded to have their claims of sovereignty over Br Cameroons tested at the ICJ where they both have locus. The Secretary-General of the UN has a role to play, first because an Article of the Charter is infringed, and second because of the non-compliance with UN General Assembly 1608(XV) of April 21, 1961.
10. If the above recommendations are favourably considered, this would accord with the principle of Preventive Diplomacy, for the UN should not wait until more blood is shed before intervening. A gathering political storm in the West/Central African sub-region would then have been diffused.