ABSTRACT

This research seeks to examine the right to self-determination in Cameroon by so doing emphasis have been laid on the case of Southern Cameroon by tracing the origin of the quest for self-determination by the Southern Cameroonians. Despite all efforts made by the Southern Cameroonians for their right to self-determination to be recognized, the international community seems to give a deaf ear to this call. The overall purpose of this study is to examine the extent to which the Southern Cameroonians have the right to self-determination. This research or this study adopt a doctrinal approach methodology which is in line with Orthodox legal research. Findings therefore reveals that the quest for self-determination by the Southern Cameroonians is still to gain an international recognition though it is strongly argued that the divide between the Anglophone and francophone Cameroonians was a colonial creation. Conclusively this researcher argues that a return to the 1961 federal constitution will go a long way to address the Anglophone problem in Cameroon and thus put an end to the persistent call by Southern Cameroonians for the recognition of their right to self-determination.It is therefore recommended that the structure of the country should be built on the 1961 Federal Constitution and the country should return to a two state federation as conceived in the Foumban Constitutional Conference.

1.1 Introduction

Self-determination is an indispensable ideology of modern day society and political systems. Its importance has promoted scholars, legal researchers and politicians into examining the rationale behind the concept, its exhibition and implementations. The concept of self-determination found its way into international relations as a consequence of the Westphalia Treaty,1648. it grew in popularity with the French and American Revolutions of the 18th century. By 1945, it became a cardinal principle of the United Nations, enshrined into article 1(2) and 55 of the UN Charter as a core principle of the UN but with a rather political overtone. It later assumed a force of law with the coming into force of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) whose common article 1 uphold the right to self-determination. Hence, this work canters principally on the analysis of the standard account on self-determination, with particular emphasis on secession and the Southern Cameroon independence claim

1.2 Background to the study

The right of people to self-determination is a cardinal principle in modern International Law. It is commonly referred to as jus-cogens[1] rule, binding, as such, on the United Nations as authoritative interpretation of the charters norms. The right to self-determination was first expressed in the 1860’s and spread rapidly thereafter. During and after World War One the principle was encouraged by both Vladimir Lenin[2] and United States president Woodrow Wilson in his 14points[3]

During World War Two the principle was included in the Atlantic Charter[4] signed on 14th August 1941 by Franklin D.Rosevelt President of the U.S.A and Winston Churchill prime minister of the United Kingdom. The right to self-determination was recognized as an international legal right after it was explicitly listed as a right in the U.N Charter. Chapter one, Article one, part two states that the purpose of the UN charter is “to develop friendly relations among nations based on respect for the principle of equal rights and self- determination of peoples and to take appropriate measures to strengthen Universal peace’’. Essentially, the right to self-determination is the right of a people to determine its own destiny. In particular, the principle allows a people to choose its own political status and to determine its own form of economic, cultural and social development.

The right to self-determination is one of the most contentious and complex issues in international law. In spite of the contentiousness, the right to self-determination plays a vital role today in the new world. This concept has undergone hibernation from a political or moral principle to becoming a right on its own. The complexity of the right to self-determination can be seen from its implementation which is almost not attainable. It becomes more of rhetoric than practice. Analyzing the right to self-determination is like opening a veritable Pandora’s Box, because in all the nooks and crannies of this planet there are calls, for the right to self-determination[5]

There are two types of Self-determination; we have internal and external self-determination. Internal self-determination is the right of the people of a state to govern themselves without outside interference. External self-determination on the other hand is the right of people to determine their own political status and to be free of Alien domination, including formation of their own independent states. In another interpretation, the right to self-determination means what is called internal self-determination which is the right of people to freely choose their own political, economic, and social system. This is the right of peoples to self-determination once they have achieved statehood or state-like formation. The right to self-determination is enshrined in the UN Charter, universal declaration of human rights, the African Charter on Human and People’s Rights , and the preamble of Cameroon’s constitution[6].This right of self-determination as an International Human Right is the subject matter of our analysis.

1.3 Statement of the Problem

The right to self-determination is one of the most important, yet contentious, principles of international law. It has served as a powerful slogan and a vital justification for the independence of many peoples, most significantly the independence of colonial peoples. In fact, the colonial context is what comes to mind when the right to self-determination is brought up. This right has equally served as a foundation or pretext for state intervention and aggression. At the same time, it is conversely used as a shield against intervention or even mere critique from other states. The right to self-determination is an international human right which enable peoples to choose their form of development and freedom yet there still exist several states clamoring for their right to self-determination and international recognition but the UN seems to do nothing about enforcing this right. We have states like the Catalonia’s in Spain, the southern Cameroonians in the Republic of Cameroon, the Kurds and so on

1.4 Research Questions

The questions I will be answering in this research are:

1. How is the right to self-determination protected in international law?
2. How is the right to self-determination enforced?
3. To what extend do southern Cameroon have the right to self-determination?
4. What are the policy recommendations that can be made on the southern Cameroon claim for self-determination?

1.5 Objectives of the Study

The aim(s) of this research are twofold, the general and specific.

1.5.1 GENERAL OBJECTIVES OF THE STUDY

This study seeks to examine the implementation of the right to self-determination in international law by paying particular attention to the Cameroon case (Southern Cameroon). To do so, we shall review both International and Regional legal instruments.

1.5.2 SPECIFIC OBJECTIVES OF THE RESEARCH

• To examine how the right to self-determination is protected in international law.
• To access the enforceability of the right to self-determination.
• To analyse the extent to which southern Cameroon has a right to self-determination.
• To propose policy recommendations on the southern Cameroon question on self-determination.

[1]  Jus Cogens rules refers to certain fundamental,overriding principles of international law, from which no derogation is ever permitted

[2] Vladimir Lenin was a Russian Communist revolutionary and a political theorist, He served as head of government of Soviet Russia from 1917-1924 and of the Soviet Union from 1922 – 1924

[3] Jörg Fisch, A History of the Self-Determination of Peoples. The Domestication of an Illusion. Cambridge University Press, 19th December 2015, Page 11.8.

[4] The Atlantic charter was a policy statement issued during World War two on 14 August 1941, which defined the Allied goals for post World War

[5] Agbor Nkongho Felix, Do southern Cameroonians have the right to self-determination, see generally www.camweb

[6] Law No.96/6 of 18th January 1996 to amend the constitution of 2nd June 1972as revised by Law No.2008/001 of 14th April 2008.