160. The Respondent State did not however respond specifically to the allegations concerning the
relocation of major economic projects and enterprises from Southern Cameroon. It explained the
reason for relocating the seaport to Douala from Limbe, otherwise known as Victoria. It argues that,
Douala being the gateway into Cameroon, the government needed to monitor the movement of
persons and good for evident security reasons and efficient customs control.
161. Every State has an obligation under international law to preserve the integrity of its entire
territory. The maintenance of security and movements of persons and goods on the territory is part of
that obligation. The argument by the Respondent State that it could not guarantee the security of
persons and goods at Limbe, unless it moved the port, is tantamount to acknowledging that it had no
control of Limbe. The Commission believes that the security and customs authorities could have
effectively monitored the movement of persons and goods, even if the seaport had continued to be at
Limbe.
162. The Commission states that the relocation of business enterprises and location of economic
projects to Francophone Cameroon, which generated negative effects on the economic life of
Southern Cameroon constituted violation of Article 19 of the Charter.
Alleged violation of Article 20
163. The Complainants state that the “alleged unlawful and forced annexation and colonial
occupation” of Southern Cameroon by the Respondent State constituted a violation of Article 20 of the
Charter. They claim that Southern Cameroonians are entitled to exercise the rights to self
determination under Article 20 of the Charter as a separate and distinct people from the people of “La
Republique du Cameroon.” Article 20 stipulates that:
1. All peoples shall have the right to existence. They shall have the unquestionable and inalienable
right to self determination. They shall freely determine their political status and shall pursue their
economic and social development according to the policy they have freely chosen.
2. Colonised or oppressed peoples shall have the right to free themselves from the bonds of
domination by resorting to any means recognised by the international community.
3. All peoples shall have the right to the assistance of the states parties to the present Charter in their
liberation struggle against foreign domination, be it political, economic or cultural.
164. The Complainants submit that the UN plebiscite was premised on certain conditions, including
the convening of a conference of equal representative delegations from the Republic of Cameroon
and Southern Cameroon to work out the conditions for the transfer of sovereign powers to the future
federation. It is further submitted that such arrangements should have been approved by the separate
parliaments of the Republic of Cameroon and Southern Cameroon before sovereignty was transferred
to a single entity representing both sides. The Complainants submit that the results of the plebiscite
were never submitted to the parliament of the Southern Cameroon for approval.
165. The Respondent State did not respond to the allegations concerning “unlawful annexation and
colonialism.” It submitted instead that the issues are incapable of adjudication by the Commission on
account of its lack of jurisdiction.
166. The Respondent State contested further the claim that Southern Cameroonians are a “separate
and distinct people” . The Commission shall examine this issue.
167. The Complainants reiterate that their “separate and distinct” identity is based on the British
administration over Southern Cameroon. They submit that they speak the English language, and apply
the common law legal tradition, as opposed to the Francophone zone, where French is spoken and
the civil law system is applicable.
168. The Respondent State submitted that it does not dispute the basic historical facts concerning
the Trust administration, but denies that Southern Cameroonians exist as a “people.” It states the
following;
“[t]he complainants raise in order to shore up this assertion the use of the English language (working
language), the specificity of the legal system, of the educational system, of the system of government,
traditional cultures. In fact, the specificities of former Southern Cameroons stem solely from the
heritage of British administration and the legacy of Anglo-Saxon culture. No ethno-anthropological
argument can be put forward to determine the existence of a people of Southern Cameroons, the