A POST-WAR VISION FOR THE NEW SOUTHERN CAMEROONS CONFERENCE

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A POST-WAR VISION FOR THE NEW SOUTHERN CAMEROONS CONFERENCE:

Organizational Red Flags, Infiltration Risks and Institutional Safeguards.

_Fontem Neba, PhD

_Scholar, Critic & Political and Civil Rights Advocate_

Abstract

This paper examines the risks that could weaken a future All Southern Cameroons Conference and suggests ways to protect its independence and credibility. Drawing lessons from AAC I, AAC II and other liberation conferences, it identifies ten warning signs, including unclear representation, personal control, hidden funding, unauthorized talks and poor record-keeping. It also discusses possible signs of government infiltration while stressing that suspicion is not proof. The paper recommends clear rules for delegate selection, financial accountability, information security, leadership oversight and conflict resolution. These safeguards can help build trust, unity and strong institutions for Southern Cameroons’ post-war political and developmental future.

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 Introduction

 We have earlier said that a new All Southern Cameroons Conference, if convened, should be understood as more than another political gathering. It will provide an important opportunity for Southern Cameroonians to develop a cohesive political, organizational and developmental framework for the post-war era. After years of conflict, communities will need to learn, or relearn, how to coordinate their interests, work together, establish rules for collective action, identify the consequences of the war, and develop immediate, medium- and long-term responses to political, economic, social and humanitarian challenges. The Conference could also provide a legitimate mechanism for determining how Southern Cameroonians engage with the Government of Cameroon and other external actors.

 We have also previously noted that the experience of AAC I and AAC II demonstrates both the possibilities and vulnerabilities of territory-wide political organization. AAC I brought representatives from the thirteen divisions together in Buea in 1993, while AAC II followed in Bamenda in 1994. Contemporary historical records document both the breadth of representation and the difficulties surrounding the conferences and their relationship with government. The lesson for a future Conference is therefore not merely that Southern Cameroonians can unite, but that *unity must be protected by institutions, procedures and accountability.*

 However, the Conference must also recognize that uncertainty, fragmentation and competing claims to representation can weaken collective political organization. Some Southern Cameroonians believe that previous initiatives were obstructed, divided or subjected to government influence. Such claims should be approached with circumspection. The appropriate response is therefore not suspicion of every participant, but the construction of institutions in which manipulation becomes difficult and allegations can be independently verified.

 This is especially important because the presence of Southern Cameroonians in government does not, by itself, demonstrate that the underlying political, economic and developmental aspirations of the population have been achieved. We must not confuse appointments and administrative positions with broad improvements in roads, employment, industries, hospitals, housing, education, infrastructure and living standards. A future Conference should therefore concentrate on collective institutional capacity rather than individual access to government.

 The Conference Must Protect Its Own Institutional Integrity

 The greatest danger may not be an obvious attempt to destroy the Conference. It may be a series of seemingly minor organizational weaknesses that gradually produce confusion, mistrust, factionalism and loss of institutional authority. Historical accounts of AAC I show that organizers faced difficulties securing an appropriate venue, while AAC II was convened partly to assess the consequences of the suspension of the constitutional reform process and the performance of the Standing Committee.  These experiences underline the importance of designing institutional safeguards before political pressure arises.

The following ten organizational red flags should therefore be treated as matters requiring attention. None is, by itself, proof of government infiltration. Their importance lies in the pattern they may reveal and in the institutional weaknesses they expose.

 1. Unclear or Manipulated Representation

 The first major red flag is uncertainty about who actually represents a division or constituency. If delegates are selected privately by a small group, if established procedures are repeatedly changed, or if prominent individuals are allowed to appoint themselves as representatives, the Conference becomes vulnerable to capture.

 Representation should originate from clearly identified constituencies. There should be transparent procedures for selecting delegates, documenting their mandates and replacing them when necessary. The question should always be: *Who does this person represent, who selected them, and what authority have they been given?*

2. Excessive Personality Politics

 A second red flag appears when the Conference begins revolving around personalities rather than institutions. If one individual becomes indispensable, controls information, dominates meetings, appoints committees, *speaks externally without authorization* or presents personal views as Conference positions, institutional independence is already weakening.

 Leadership should therefore be temporary, accountable and replaceable. No individual should possess authority simply because of age, wealth, political history, government experience or international connections. *The Conference should be stronger than its leaders.*

3. Sudden Attempts to Change the Agenda

 Another warning sign is the unexplained alteration of the Conference’s agreed agenda shortly before or during major deliberations. A Conference established through broad consultations should not suddenly abandon the issues that communities mandated delegates to discuss.

 Agenda changes should require transparent procedures and recorded justification. Emergency matters may arise, but they should not become a mechanism for a small group to introduce predetermined political outcomes without adequate consultation.

 4. Pressure to Avoid Documentation

 Institutions become vulnerable when important decisions are deliberately kept off the record. A demand that meetings should not produce minutes, mandates, voting records, financial reports or written agreements should be treated seriously.

 Transparency does not mean exposing sensitive personal information. It means maintaining sufficient institutional records to establish what was decided, by whom, under what authority and through what procedure. Without documentation, competing individuals can later claim that the Conference authorized almost anything.

 5. Unexplained Financial Dependence

 Financial vulnerability is another significant red flag. A Conference dependent upon one wealthy individual, one political organization, one foreign sponsor or an undisclosed source of funding may eventually find its independence compromised.

 The institution should establish transparent financial rules from the beginning. Contributions should be recorded, significant donors disclosed where appropriate, expenditures audited and conflicts of interest declared. Financial support should never automatically confer political authority.

6. Private Negotiations on Behalf of the Conference

 A particularly serious organizational weakness occurs when individuals begin negotiating with government or other external actors without a clearly defined mandate.

 Dialogue with government is not inherently problematic. Indeed, a credible political institution should have the capacity for peaceful engagement. The danger arises when private conversations are presented afterwards as agreements of the Conference or as commitments binding its constituencies.

 All external negotiations should therefore be conducted by authorized representatives under written mandates, with reporting requirements and procedures for accepting or rejecting proposals.

7. Deliberate Division Along Regional or Social Lines

 Another red flag is the systematic attempt to turn legitimate differences between divisions, communities, generations or social groups into permanent political hostility.

 The thirteen-division framework is valuable precisely because it can provide a structure in which different communities retain their identities while participating in one institution. AAC I itself was documented as representing all thirteen divisions, making territorial representation an established historical reference point. 

 Disagreement should therefore be expected and legitimate. What should be resisted institutionally is the transformation of disagreement into permanent exclusion, intimidation or competing claims that some Divisions are dominant. However, we must avoid accepting tasks we don’t understand or cannot execute just because we want to create a balance. Southern Cameroonians must learn to turn down requests they cannot handle.

8. Sudden Delegation Expansion Without Verification

 A further red flag is unexplained growth in the number of delegates, observers or organizational representatives without corresponding verification procedures.

 Large participation can strengthen legitimacy, but unverified participation can create confusion about voting rights and institutional authority. *The Conference should distinguish delegates, observers, advisers, technical experts and invited guests.* Each category should have clearly defined rights.

9. Attempts to Weaken the Preparatory Commission or Secretariat

 If a Preparatory Commission is created to establish procedures, its independence must be protected. Attempts by individuals or organizations to bypass the Commission, alter its membership without due process or prevent it from publishing accreditation rules should receive careful scrutiny.

 The same principle applies to the Permanent Secretariat. Administrative personnel should maintain institutional records and procedures irrespective of which political faction controls the leadership at a particular moment.

10. Pressure for Immediate Decisions Without Adequate Consultation

 The final red flag is pressure to make major irreversible decisions before delegates have had sufficient opportunity to consult their constituencies.

 Urgency can be legitimate during political crises, but urgency can also be exploited to prevent careful deliberation. Major decisions should have defined thresholds, written proposals, opportunities for amendment and clear voting procedures. The Conference should never confuse speed with legitimacy.

SIGNS THAT MAY INDICATE POSSIBLE GOVERNMENT INFILTRATION

 Government infiltration is a serious allegation and should never be inferred merely from someone’s political position, geographic origin, government employment, disagreement with the majority, or participation in dialogue. A Southern Cameroonian who works in government is not automatically an agent of government influence. Likewise, disagreement with Conference policy is not evidence of infiltration.

 The following are therefore *indicators requiring verification*, rather than proof of infiltration.

1. Repeated Attempts to Obtain Unauthorized Access

 If an individual repeatedly seeks access to confidential preparatory documents, delegate lists, internal correspondence or sensitive deliberations without a legitimate institutional role, the matter should be investigated through ordinary access-control procedures.

 The appropriate response is not accusation. Access should be limited according to role, sensitive material should be distributed on a need-to-know basis, and unusual requests should be documented and reviewed.

2. Persistent Efforts to Identify or Expose Participants

 Another concern would be systematic attempts to obtain information that could expose participants to unnecessary political, legal or personal risks. Such activity should be distinguished from legitimate administrative registration.

 The Conference should collect only information genuinely necessary for accreditation and administration, protect personal data, and establish clear rules governing who may access participant information.

3. Attempts to Manufacture Internal Distrust

 A possible warning sign is a recurring pattern of unverified allegations designed to turn delegates against one another. This might include claims that particular divisions have secretly reached agreements, that certain leaders have betrayed the Conference, or that particular groups are preparing to abandon the institution, without credible evidence.

 The proper response should be verification rather than retaliation. An independent ethics or dispute-resolution mechanism should examine serious allegations before they become political weapons.

4. Pressure to Abandon Institutional Safeguards

 Particular attention should be given to attempts to persuade the Conference to remove transparent accreditation, financial controls, voting procedures, conflict-of-interest rules or reporting requirements.

 Such safeguards protect everyone, including participants who may be wrongly suspected. Their removal would make genuine infiltration and ordinary political manipulation harder to distinguish.

5. Unexplained Relationships Between Internal Decisions and External Government Actions

 A pattern in which confidential internal discussions are repeatedly followed by government actions that appear unusually well informed may warrant an institutional security review.

 However, correlation is not proof. Information can leak through many ordinary channels. The correct response is to examine document access, communication procedures and information-handling practices rather than immediately identifying a supposed culprit.

6. Attempts to Create a Parallel Chain of Authority

 A further warning sign would be the emergence of an unofficial structure claiming to give instructions to delegates independently of the Conference’s constitutionally established leadership.

 The Conference should make its decision-making hierarchy explicit from the beginning. No individual, government office, political party, traditional authority, diaspora organization or external institution should be able to issue binding instructions to delegates unless the Conference’s rules expressly provide for such authority.

7. Persistent Efforts to Provoke Premature Collapse

 If particular actors consistently push the Conference toward walkouts, expulsions, procedural breakdowns or irreversible confrontation whenever disagreement arises, the pattern should be examined objectively.

 Again, disagreement itself is not evidence of infiltration. A healthy institution will contain genuine critics. The relevant question is whether a recurring pattern of conduct is undermining established procedures without a legitimate institutional purpose.

How the Conference Should Respond

 The best response to infiltration risk is not paranoia. It is *institutional resilience*. A strong institution makes infiltration less consequential because no individual possesses enough unchecked authority to capture the organization.

a) The Conference should establish an independent Ethics, Compliance and Institutional Integrity Committee. Its members should have clearly defined terms, conflict-of-interest rules and authority to investigate credible complaints. It should report to the Conference rather than to individual leaders.

b) The Conference should establish a documented accreditation system. Delegates should be verified against mandates issued by their constituencies, while observers and advisers should be clearly distinguished from voting delegates.

c) Sensitive information should be protected through ordinary organizational security practices. Access should be based on institutional role, important records should be preserved, and confidential information should not be circulated unnecessarily.

d) Allegations should be handled through evidence and due process. A person should not be expelled, publicly denounced or deprived of participation merely because another delegate suspects them of being an agent. False accusations can destroy trust just as effectively as genuine infiltration.

e) Financial independence should be treated as political independence. The Conference should maintain audited accounts, publish appropriate financial reports and prevent undisclosed financial relationships from influencing institutional decisions.

f) External engagement should be centralized through a transparent mandate. Government dialogue, international engagement and communication with political organizations should be conducted by designated representatives whose authority is documented and whose actions are reported back to the institution.

g) The Conference should establish succession mechanisms before the first major crisis occurs. If a leader resigns, accepts government office, becomes unavailable or loses the confidence of the institution, another properly authorized person should be able to assume the role without destabilizing the entire organization.

h) The Conference should institutionalize disagreement. Delegates should be able to challenge decisions without being branded enemies of the people. Minority reports, recorded dissent, appeals and reconsideration procedures can prevent political disagreement from becoming organizational warfare.

Preparing for the Post-War Era

 The deeper purpose of these safeguards is not simply to protect a conference from government interference. It is to prepare Southern Cameroonians for the responsibilities of political and institutional life after war.

 The war has created enormous challenges that cannot be solved through political declarations alone. Communities will need to consider reconstruction, displaced populations, destroyed infrastructure, education, health services, employment, agriculture, industry, housing, local government, security, reconciliation, public finance and the restoration of social trust.

 These problems require planning across divisions and generations. They also require mechanisms for negotiating with government and other actors while maintaining a clear mandate from the people represented.

 A Conference that cannot maintain its own records, manage disagreement, protect finances, verify representation and survive leadership changes will struggle to manage the far more complex responsibilities of reconstruction and political transition.

 The Conference should therefore be viewed as a school of institutional democracy. Its procedures should demonstrate the kind of political culture it hopes to create: accountability instead of personality worship, evidence instead of rumor, representation instead of self-appointment, consultation instead of unilateralism, and peaceful disagreement instead of fragmentation.

Conclusion

 A new Southern Cameroons Conference could become an important instrument for political coordination, post-war planning and institutional renewal, but its success will depend less upon the prominence of those who attend than upon the quality of the institutions they establish. The historical experience of AAC I and AAC II shows the importance of representation, mandate and continuity, while the broader comparative experience of liberation conferences demonstrates that unity must be organized rather than merely proclaimed.

 The key lesson here is therefore vigilance without paranoia. Organizational red flags should be identified early, possible infiltration should be investigated through evidence and due process, and institutional safeguards should make individual manipulation difficult. No person should be above the rules, but no person should be condemned without evidence. If Southern Cameroonians can build a Conference capable of surviving disagreement, leadership changes, external pressure and political uncertainty, they will have begun constructing something more valuable than a single gathering: an enduring institution capable of coordinating their collective political and developmental future.

The Legal and Political Imperatives of an All Southern Cameroons Conference: A Rejoinder

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The Legal and Political Imperatives of an All Southern Cameroons Conference: A Rejoinder

By McFarlane Njoh, J.D.

Introduction

Dr. Fontem Neba has provided a thoughtful analysis of the political trajectories of the former British Southern Cameroons and of the lessons that may be drawn from the All Anglophone Conferences of 1993 and 1994. His proposal for a new All Southern Cameroons Conference deserves serious consideration not merely as another political initiative, but as an opportunity to reconnect the political question with principles of law, human rights, representation, and collective political agency.

The central questions are therefore twofold: what is the legal justification for such a Conference, and why is it politically important now? The purpose of the Conference should not be to predetermine the constitutional future of the Southern Cameroons. Its legitimacy would instead derive from its capacity to create a lawful, representative, inclusive, and deliberative forum in which competing political visions may be articulated, examined, and debated by those whose political future is directly implicated.

The legal foundation for such a Conference is not found in a single provision expressly creating a right to convene an “All Southern Cameroons Conference.” Rather, it emerges from the cumulative protection of freedom of expression, association, peaceful assembly, political participation, and peoples’ rights under the African Charter on Human and Peoples’ Rights. Articles 9, 10, 11, and 13 protect the civic and political space necessary for collective deliberation, while Articles 19 and 20 provide the broader framework governing equality, peoples’ rights, and self-determination.

The Legal Foundation

Article 9 of the African Charter protects the right to receive information and to express and disseminate opinions within the law. Article 10 protects freedom of association. Article 11 guarantees the right to assemble freely with others, subject only to restrictions prescribed by law and necessary in a democratic society. Article 13 recognizes every citizen’s right to participate freely in the government of his or her country, either directly or through freely chosen representatives.

These rights are mutually reinforcing. Political participation is impossible without the ability to exchange ideas. Political association provides organizational structure to those ideas. Peaceful assembly creates the space within which collective concerns may be articulated and debated. The proposed Conference can therefore be understood as an exercise in political association and collective deliberation. Its creation would not, by itself, determine the territory’s constitutional status, nor would it require participants to endorse a particular political outcome. Rather, it would create a structured mechanism through which competing constitutional visions may be considered through dialogue rather than coercion.

This distinction is fundamental. The right to deliberate concerning collective political futures is distinct from any asserted right to impose a predetermined political settlement. A Conference that facilitates participation, representation, and discussion does not answer the constitutional question in advance; it establishes conditions in which that question may be addressed peacefully and democratically.

The jurisprudence of the African Commission on Human and Peoples’ Rights supports this understanding. In Sir Dawda K. Jawara v. The Gambia, Communications Nos. 147/95 and 149/96, the Commission held that measures restricting political participation, freedom of association, assembly, and expression violated multiple provisions of the Charter. The decision reflects a broader principle: meaningful political life requires the preservation of civic space within which citizens may organize, associate, deliberate, and articulate political preferences. The protection of these rights is not merely individual; it is essential to democratic governance itself.

Similarly, in Constitutional Rights Project v. Nigeria, the Commission emphasized that the freedoms of expression, association, and participation are indispensable components of democratic society. The Charter protects not only individual speech but the institutional and collective mechanisms through which public participation occurs.

Deliberative Self-Determination and Democratic Legitimacy

The individual rights protected under Articles 9 through 13 must also be read alongside the African Charter’s distinctive recognition of peoples’ rights.

Article 19 affirms that all peoples are equal and enjoy the same respect and rights. Article 20 recognizes the right of all peoples to existence and self-determination, including the right freely to determine their political status and to pursue their economic and social development according to policies of their own choosing.

These provisions require careful interpretation. Article 20 does not, by itself, resolve the constitutional status of the Southern Cameroons. Nor should it be invoked as though international law has already answered the questions that remain politically contested. Its importance lies elsewhere. It confirms that questions concerning collective political status, governance, and institutional design fall within the sphere of protected human rights discourse.

Contemporary understandings of self-determination increasingly recognize that the concept possesses a participatory dimension. Self-determination is not limited to claims of statehood, secession, federation, or confederation. It also encompasses the ability of a people collectively to deliberate concerning the political institutions through which they are governed.

On this understanding, the significance of an All Southern Cameroons Conference lies not in any predetermined outcome but in the democratic process itself. Its legitimacy derives from its capacity to facilitate informed, representative, and peaceful deliberation concerning competing constitutional alternatives. Whether participants favour federalism, confederal arrangements, enhanced autonomy, independence, or another constitutional model, the Conference provides a venue through which those alternatives may be debated through democratic engagement rather than political exclusion.

Human Rights, Participation, and Civic Space

Where substantial populations maintain longstanding grievances concerning representation, institutional arrangements, cultural and linguistic rights, equality, and participation in public affairs, those concerns implicate questions of rights and institutional accountability. The human-rights framework therefore strengthens the case for representative mechanisms through which grievances may be articulated peacefully.

The jurisprudence of the African Court on Human and Peoples’ Rights is instructive.

In Ingabire Victoire Umuhoza v. Rwanda, the Court reaffirmed the importance of political expression and emphasized that restrictions upon political speech must satisfy requirements of necessity and proportionality. Political expression occupies a privileged position in democratic society because it facilitates public debate concerning matters of collective concern.

Likewise, in Lohé Issa Konaté v. Burkina Faso, the Court held that restrictions on freedom of expression must be proportionate to a legitimate objective and necessary in a democratic society. The judgment underscores a broader principle applicable beyond the specific facts of the case: limitations upon civic participation require careful justification and cannot be imposed simply because political views are controversial or inconvenient.

These authorities do not concern a Southern Cameroons Conference. Their significance lies in the principles they establish. Political expression, peaceful organization, and participation in public affairs enjoy Charter protection, and restrictions upon those activities must conform to recognized human-rights standards.

The African Commission’s decision in SERAC and CESR v. Nigeria further reinforces the proposition that states bear responsibilities not merely to refrain from violating rights but to create conditions within which rights can meaningfully be exercised. Civic participation requires more than formal guarantees; it requires institutions and spaces within which dialogue may occur.

An All Southern Cameroons Conference can therefore be viewed as a mechanism of peaceful democratic engagement rather than as inherently confrontational political activity. Its value lies not only in what it may ultimately decide, but in providing a structured forum within which citizens may deliberate without violence, intimidation, or pressure to reach predetermined conclusions.

Representation and Legitimacy

The legitimacy of any Conference must derive from the people it claims to represent and from the procedures through which representation is established.

This makes Dr. Fontem’s proposal for representation through the thirteen divisions particularly significant. A credible institution cannot simply assemble prominent individuals and assume that prominence constitutes democratic legitimacy. Legitimacy requires identifiable constituencies, transparent procedures, and accountable representation.

The thirteen-division framework provides a territorial foundation for participation while avoiding the tendency to reduce Southern Cameroons politics to a binary North West-South West contest. Traditional authorities, women, youth, civil-society organizations, professionals, political movements, religious communities, business interests, and the diaspora should all have meaningful avenues of participation.

The objective should be representation without capture and inclusion without surrendering institutional authority to personalities.

The broader African democratic framework supports these principles. The African Charter on Democracy, Elections and Governance commits States Parties to democracy, constitutionalism, popular participation, political pluralism, dialogue, and inclusive governance. These principles strengthen the normative case for a representative Conference capable of facilitating broad-based political engagement.

Government Authorization and the Exercise of Rights

Government approval should not be confused with the source of the underlying rights to expression, association, and assembly.

At the same time, the African Charter does not create an unlimited right to assemble under any circumstances. Article 10 recognizes that freedom of association may be regulated by law. Article 11 similarly permits restrictions prescribed by law and justified by legitimate public interests.

The proper legal distinction is therefore between regulation of the exercise of a right and denial of the right itself.

The proposed Conference should operate peacefully, transparently, and consistently with applicable domestic law and the rights of others. Its legitimacy should not depend entirely upon governmental endorsement. Conversely, organizers should not assume that the existence of protected rights eliminates ordinary legal obligations relating to organization, security, or public order.

The relevant legal question is whether regulatory measures facilitate the orderly exercise of rights or effectively extinguish them. Human-rights jurisprudence consistently favours the former and scrutinizes the latter.

The Conference May Be Convened Electronically

There is no compelling reason why a Conference must physically assemble in a single location to possess institutional legitimacy.

Contemporary legal systems increasingly recognize electronic communications, electronic records, electronic signatures, and digitally authenticated consent as legally significant means of conducting transactions, documenting decisions, and preserving evidence.

Cameroon has incorporated these principles into its domestic legal framework through Law No. 2010/021 of 21 December 2010 regulating electronic commerce and Law No. 2010/013 of 21 December 2010 governing electronic communications. Those enactments recognize the legal significance of electronic communications and electronic records.

These statutes do not specifically regulate political conferences or constitutional assemblies. Nevertheless, they reflect a broader legislative recognition that electronic communications, electronic authentication, and digital records may generate legally recognizable effects. By analogy, they support the procedural validity of electronically conducted institutional processes, provided reliable mechanisms exist for participation, authentication, voting, record integrity, and consent.

Accordingly, notices, accreditation documents, mandates, agendas, minutes, resolutions, and voting records may be generated, transmitted, authenticated, and preserved electronically, subject to applicable legal requirements.

Secure electronic participation would allow delegates from the thirteen divisions, the diaspora, and other constituencies to participate without incurring the financial, logistical, and security burdens associated with a single physical gathering.

The critical issue is not whether delegates occupy the same room. The decisive question is whether the institutional framework reliably establishes identity, representation, quorum, participation, voting procedures, consent, and record integrity.

An electronically convened Conference should therefore include:

  • authenticated delegate registration;
  • reliable identity verification;
  • transparent voting mechanisms;
  • verified quorum procedures;
  • authenticated minutes and resolutions; and
  • secure archival preservation of records.

Electronic participation does not itself confer authority upon the Conference or transform its resolutions into binding legal instruments. The authority of any resolution derives from the Conference’s constitutive mandate, the powers delegated to representatives, the procedures adopted by participants, and the legal consequences assigned to those decisions.

Electronic form creates a means of governance; it does not create political legitimacy. Legitimacy must still arise from representation, procedure, accountability, and consent.

A Neutral Forum for Competing Constitutional Visions

The Conference’s greatest political value may lie in its capacity to provide a neutral institutional forum within which competing constitutional perspectives may coexist.

Proponents of federalism should be able to advocate federal arrangements. Advocates of confederal models should be free to advance their proposals. Proponents of independence should be equally free to argue their position. Other constitutional alternatives should likewise receive a hearing.

Participants need not agree on the destination before agreeing on the necessity of dialogue.

The Conference should therefore function as a mechanism for deliberation rather than an instrument for manufacturing consensus. Such an approach is fully consistent with the African Charter’s protections of expression, association, assembly, and participation, as well as with the broader African commitment to political pluralism, tolerance, and democratic engagement.

From Political Mobilization to Institutional Legitimacy*

Perhaps the most important lesson of the AAC experience, and one that underlies Dr. Fontem’s thesis, is that political mobilization alone is insufficient without durable institutions.

A Conference should establish procedures for representation, decision-making, accountability, succession, consultation, and review. No individual or organization should possess ownership of the collective political project.

Government appointments should not create political constituencies. Organizational changes in political strategy should not permit any single group to redefine the mandate of the broader community. Individuals are temporary custodians of political mandates; the mandate itself belongs to the people.

Institutionalization transforms political competition from a contest for personal supremacy into competition through ideas, arguments, and accountable representation. It also provides resilience against the inevitable changes in personalities and political circumstances.

The African Court Dimension

The African Court on Human and Peoples’ Rights provides an additional interpretive framework for understanding the rights implicated by the proposed Conference.

Cameroon deposited its instrument of ratification of the Protocol establishing the African Court on 17 August 2015. However, ratification of the Protocol is legally distinct from the declaration contemplated by Article 34(6) accepting the Court’s competence to receive applications directly from individuals and qualifying non-governmental organizations.

Cameroon has ratified the Protocol but has not deposited an Article 34(6) declaration. Consequently, the procedural avenues available for direct individual litigation before the Court remain limited.

This distinction is important and should not be blurred. Nevertheless, the Court’s jurisprudence remains highly persuasive in interpreting Charter rights. Decisions such as Ingabire Victoire Umuhoza v. Rwanda, Lohé Issa Konaté v. Burkina Faso, and APDH v. Côte d’Ivoire provide valuable guidance concerning freedom of expression, political participation, democratic governance, and civic space.

Conclusion

An All Southern Cameroons Conference is legally defensible and politically significant as a mechanism for peaceful association, participation, representation, and collective deliberation.

Its legal foundation lies in the African Charter’s protections of freedom of expression, association, peaceful assembly, and political participation, complemented by the Charter’s recognition of peoples’ rights and self-determination. Properly understood, self-determination includes not merely the right to advocate particular constitutional outcomes but also the right of a people collectively to deliberate concerning those outcomes.

Whether conducted physically, electronically, or through a hybrid model, a properly constituted Conference can provide a lawful and credible institutional framework for democratic engagement, provided that its procedures ensure representation, authentication, transparency, accountability, and procedural integrity.

Ultimately, the Conference’s greatest value may not lie in any specific constitutional conclusion. Its significance lies in creating a peaceful, inclusive, representative, and durable institutional space in which competing constitutional visions may be debated, political grievances articulated, and collective political agency exercised through transparent and accountable democratic processes.

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McFarlane Njoh is a lawyer, social justice advocate and legal and political analyst


Footnotes

  1. African Charter on Human and Peoples’ Rights, adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, arts. 9, 10, 11, 13, 19 and 20.
  2. African Charter, art. 9.
  3. African Charter, art. 10.
  4. African Charter, art. 11.
  5. African Charter, art. 13.
  6. Sir Dawda K. Jawara v. The Gambia, Communications Nos. 147/95 and 149/96 (African Commission on Human and Peoples’ Rights, 11 May 2000), finding violations of, inter alia, Articles 9, 10, 11 and 20 of the African Charter.
  7. Ibid.
  8. Constitutional Rights Project, Civil Liberties Organisation and Media Rights Agenda v. Nigeria, Communications Nos. 140/94, 141/94 and 145/95 (African Commission on Human and Peoples’ Rights).
  9. African Charter, arts. 19 and 20.
  10. African Charter, art. 20(1).
  11. The African Commission has consistently interpreted the Charter as protecting both individual and collective dimensions of political participation and self-determination. See generally Katangese Peoples’ Congress v. Zaire, Communication No. 75/92 (African Commission on Human and Peoples’ Rights).
  12. African Charter, art. 13.
  13. Ingabire Victoire Umuhoza v. Rwanda, Application No. 003/2014, African Court on Human and Peoples’ Rights, Judgment of 24 November 2017, holding that restrictions on political expression must satisfy requirements of legality, necessity and proportionality.
  14. Ibid.
  15. Lohé Issa Konaté v. Burkina Faso, Application No. 004/2013, African Court on Human and Peoples’ Rights, Judgment of 5 December 2014.
  16. Ibid.
  17. Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights v. Nigeria, Communication No. 155/96 (African Commission on Human and Peoples’ Rights).
  18. African Charter on Democracy, Elections and Governance, adopted 30 January 2007, arts. 2, 3 and 27.
  19. Ibid., arts. 2 and 3.
  20. Ibid., art. 27.
  21. African Charter, arts. 10 and 11.
  22. Law No. 2010/021 of 21 December 2010 Regulating Electronic Commerce in Cameroon, particularly arts. 9 and 10.
  23. Law No. 2010/013 of 21 December 2010 Governing Electronic Communications in Cameroon.
  24. Law No. 2010/021, arts. 9–10.
  25. African Charter, arts. 9, 10, 11 and 13.
  26. Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, adopted 9 June 1998, art. 34(6).
  27. The Republic of Cameroon deposited its instrument of ratification of the Protocol on 17 August 2015. The African Court’s official records indicate that Cameroon has ratified the Protocol but has not made the declaration contemplated by Article 34(6) permitting direct access by individuals and qualifying NGOs.
  28. Protocol Establishing the African Court, art. 34(6).
  29. Actions pour la Protection des Droits de l’Homme (APDH) v. Côte d’Ivoire, Application No. 001/2014, African Court on Human and Peoples’ Rights, Judgment of 18 November 2016.
  30. See generally Jawara v. The Gambia; Ingabire Victoire Umuhoza v. Rwanda; Lohé Issa Konaté v. Burkina Faso; and APDH v. Côte d’Ivoire.
  31. See Antonio Cassese, Self-Determination of Peoples: A Legal Reappraisal (Cambridge University Press, 1995); James Crawford, The Creation of States in International Law, 2nd ed. (Oxford University Press, 2006). These authorities distinguish between the principle of self-determination and the separate question of whether a particular people possess a legal entitlement to external self-determination in the form of statehood or secession.