The Anglophone Cameroon Predicament

Appendix I - Constitutional Position of the Southern Cameroons in the Event of It Electing to Become Part of the Republic of Cameroon

172 Appendices Appendix I Constitutional Position of the Southern Cameroons in the Event of It Electing to Become Part of the Republic of Cameroon Communiqué Considering that in the application of the Republic at the 14th session of the United Nations a plebiscite is to be organised in February 1961 to allow the people of the Southern Cameroons under British Trusteeship and the people of Northern Cameroons under British Trusteeship to declare whether they wish to join the Federation of Nigeria or to be united with the Cameroon Republic. Considering that in the event of the result of this plebiscite being in favour of Reunification, the application of this reunification on a federal basis allowing for the particular conditions of each group, could not be automatic, but gradual, Considering that the representatives of the Cameroon Republic and of the government party of the Southern Cameroons vigorously reaffirm the desire of their people to be reunited in one nation, Considering that the political heads have already met twice to examine the broad outlines of the constitution of the two Federated states, they have, at the conclusion of their third meeting of the 10, 11, 12 and 13th October, 1960, decided to adopt the broad outlines of the constitution which they will adopt in the event of the plebiscite vote being favourable to them. Joint Declaration The representatives of the Cameroon republic and the Government party of the Southern Cameroons under British trusteeship met for the third time to continue their discussions on the projected constitution which would govern the reunified Cameroon. At the conclusion of these talks, Hon J.N. Foncha , Prime Minister of the Southern Cameroons, His Excellency, M. Ahmadou Ahidjo, President of the 173 Cameroon Republic, and M. Charles Assale, Prime Minister and Head of the Cameroon government, STATE: 1. That they wish to use every available means to bring to a successful conclusion the task of national reunification which they have set themselves; 2. That in no case will the United Cameroon be a part either of the French Community or the British Commonwealth; 3. That they wish to create a Federal State whose institutions could be broadly outlined as follows: The Federal United Cameroon Republic will be a democratic state. It will have its motto, its anthem and its flag. The nationals of the Federated States will enjoy Cameroonian nationality. The Federated state in the first stage will have the power to deal with matters listed below as a minimum: Public freedoms Nationality National defence Foreign affairs Higher education Immigration and emigration Federal budget Posts and telecommunications A list of powers which would fall within the competence of the federal government in the second stage will be set out in the constitution. The federal authorities will be composed of: A federal Executive headed by the President of the Republic, Chief of the Federal State, Federal legislature consisting of a federal legislative Assembly and a Federal Senate. Certain federal laws will only be enacted in such a way that no measures contrary to the interest of one state will be imposed upon it by the majority (system of second reading with a qualified majority). In the event of a conflict of laws between the Federal State and the Federated States, the federal law will prevail. In non-federal matters, the Authorities of each of the Federated States will be ruled by a Government and will have a Legislative Assembly. 174 A Federal Court of justice will have as its purpose to unify judicial systems and to act as the Highest Court of Appeal of the Federal State. Federal Services will be established to carry out federal Administration. Legislation (or systems of legislation in force) will remain valid until the enactment of federal legislation. 4. The federation will be created by the Cameroon Republic and the Southern Cameroons under British Trusteeship. The two parties hope that the Northern Cameroons under British Trusteeship will also enter into this federation, either as a separate state, or as part of the Cameroons at present under British Trusteeship. 5. In the event of the Southern and Northern Cameroons voting in favour of reunification, those entrusted with the responsibility of the affairs of the Unified Cameroons would, through mutual agreement, specify the manner in which the populations of the Cameroons would be asked to express their opinion on the Federal Constitution. Joint Communiqué The representatives of the government party of the Southern...