54 NORTHERN CAMEROONS
2. COUNTER-MEMORIAS LUBMITTEDBY THE GOVERNMENT
OFTHE UNITED KINGDOMOFGREAT BRITAINAND
NORTHERN IRELAND
Introduction
I.This Counter-Memorial is submitted to the Court in pursuance
of an Order of the Court dated 6 July 1961, the time specified in
that Order for its delivery having been extended by further Orders
made by the Court on z November 1961,25 Aprilxg62 and IOJuly
1962.
2. In its application to the Court, deposited on 30 May 1961,
and in its Memorial, the complaints made by the Government
of the Republic of Cameroon fail under two heads, namely com-
plaints as tothe discharge by the United Kingdom of its obligations
under the Trusteeship Agreement tothe inhabitants of the Northern
Cameroons and, secondly, as to the conduct of the second plebiscite
in the Northern Cameroons.
3. The Trusteeship Agreement referred to is the Trusteeship
Agreement for the Cameroons under United Kingdom Trusteeship
as approved by the General Assembly of the United Nations on
13 December 1946, and published in United Nations TreatySeries,
Volume 8,page 119,under Registration No. 119.(Fortheconvenience
of the Court, a copy of the Agreement is annexed to thiscounter-
Memorial as Annex 1.)
4. The first part of the Memorial of the Republic of Cameroon is
entitled "Legal Character of the Dispute" and it will, it is thought,
be convenient if, in Part 1, at the beginning of this Counter-
Memorial, the Government of the United Kingdom state their
submissions as to the jurisdiction of theurt.
5. Follouing the order of the Memorial, the allegations of the
Republic of Cameroon conceming the United Kingdom adminis-
tration ofthe Trust Temtory are answeredin Part II ofthis Counter-
Memorialand those relating to the course of the plebiscite operations
in Part III. The United Kingdom conclusions are stated in Part IV.
6. For the convenience of the Court, there are attached as
Annexes to this Counter-Memorial an account of the geographic,
ethnic and historical background of the Trust Territory (Annex II)
and a summary of the relevant features of British administration
under the international trusteeship system (Annex III). Also
attached are a copy ofthe Mandate (Annex IV), a number of General
Assembly and Trusteeship Council Resolutions (Annex V), a politi-
cal map of the territory of the Cameroons under British Adminis- COUNTER-MEAIORIAL OF THE UNITED KINGDObl
55
tration (Annex VI) and a physical map of the same territory
(Annex VII).
7. Part 1 of this Counter-Memorial raises, as a preliminary
objection under Article 62 of the Kules of Court, the contention
that the Court has no jurisdiction in this case. Nevertheless, the
British Government consider that it is undesirable that the serious
allegations made by the Repuhlic of Cameroon should remain on
the record unanswered and, for this renson, they have included
their answers on the merits inthe Counter-Memorial. These answers
are submitted to the Court without prejudice ta the preliminary
objection. NORTHERKCAUEROOKS
PART I
The Jurisdictionof the Court
A. PROVISIOKS OF THE STATUTE OF THE COURT, THE CHARTER
AKD THE TRUSTEESHIA PGREEMEST
8. Article 36 (1) of the Statute of the International Court of
Justice states that "The jurisdiction of the Court comprises al1
cases which the parties refer to it and al1matters specialiy provided
for in the Charter of the United Nations or in treaties and con-
ventions in force". The complaints of the Republic of Cameroon
do not come ~vithin the first two parts of the Article, and conse-
quently if the Court has jurisdiction to hear these complaints, that
jurisdiction can only arise if jurisdiction as to the matters of
complaint is specially provided for in a treaty or convention in
force.
9. The Government of the United Kingdom do not wish to
dispute that the Tmsteeship Agreement was a treaty or convention
within the meaning of this Article. It ceased to be in force onIJune
1961in relation to the Northern Cameroons', the application to the
Court having been made on 30 May 1961. The Governrnent of
the United Kingdom submit that the Trusteeship Agreement does
not, when properly construed, provide for the jurisdiction of the
Court in relation to the matters, the subject of complaint by the
Republic of Cameroon.
IO. Article75 of the Charter of the United Xations provides that,
"The United Xations shall establish under its authority an inter-
national tmsteeship system for the administration and supenrision
of such temtories as may be placed thereunder by subsequent
individual agreements". It foiiolvs that responsibility for the
administration and supervision of tmst territories rests with the
international trusteeship system created by the United Nations,
and ultimately with the United Nations.
II. Article 76 of the Charter states the basic objectives of the
trusteeship system and Article 77 provides for the placing under
the trusteeship system of territories "now held under mandate".
The United Kingdom held a mandate under Article 22 of the Cove-
nant of the League of Nations to administer the temtory of the
Cameroons which was subsequently placed under United Kingdom
trusteeship.
' Resolutio1608 (XV) adopted by the GeneralAssernbly on21 April1961
(Annex V (40))By the samresolutiotheAgreemen tusterrninatewithrespect
tothe Southern Carneroons inOctokr ,961. COUNTER-IlEhlORIAL OF THE UNITED KlSGDOhI 57
12. Article 79 of the Charter provides that, "The terms of tms-
teeship ...shall be agreed upon by the States directly concerned,
including the mandatory power in the case of territories held under
mandate by a Member of the United Nations, and shall be approved
as provided for in Articles 83 and 8j". The Republic of Cameroon
came into existence on I January 1960. It was not, therefore, a
State whose agreement to the terms of tmsteeship of 13 December
1946 \vas required by Article 79; nor was it a party to the Tmstee-
ship Agreement when that Agreement was made. The position of the
Republic of Cameroon in relation to the Trusteeship Agreement is
examined further in paragraphs 2 j to 29 below.
13. Article 85 of the Charter provides that, "The functions of
the United Nations witli regard to tiusteesliip agreements for al1
areas not designated as strategic', including the approval of the
terms of the tmsteeship agreements ... shall be exercised by the
General Assembly". and that "The Tmsteeship Council, operating
under the authonty of the General Assembly, shall assist the General
Assembly in carrying out these functions".
14. Pursuant to these Articles of the Charter, the United King-
dom, as the Alandatory Power, sought to place the Cameroons
under the international trusteeship system and, on 13 December
1946, the General Assembly approved the terms of trusteeship for
the Serritory.
15. From 13 December 1946 until I June 1961, when the Trus-
teeship Agreement was terminated in relation to the Northern
Cameroons (resolution 1608(SV), adopted by the General Assembly
on 21 April 1961 (Annex V (40)), the General Assembly had the
responsibility of securing that that territory was administered by
the United Kingdom as the administenng authority in accordance
with the terms of the Trusteeship Agreement and with the basic
objectives of the tmsteeship system as declared by Article 76 of
the Charter.
16. By Article 3 of the Trusteeship Agreement, the United
Kingdom undertook to administer the territory in such a manner
as to achieve the basic objectives of the international trusteeship
system and to coliaborate fully \\+th the General Assembly and the
Trusteeship Council in discharging aU their functions as defined
in Article 87.
17. By Article j of the Agreement, it was provided that, ipiter
alia, the United Kingdom-
(a) should have full powers of legislation, administration and
jurisdiction in the Terntory and should administer it in accord-
ance with its own laws as an integral part of its territory ~4th
' The area inquestionwas not deçignatedasstrategic, soArticle 83 does not
apply.9 SORTHERN CAMEROOSS
such modifications as might be required by local conditions
and subject to the provisions of the United Nations Charter
and of the Trusteeship Agreement; and
(b) should be entitled to constitute the Territory into a customs,
fiscal or administrative union or federation with adjacent
territories under its sovereignty or control, and to establish
common services between such territories and the Territory
where such measures are not inconsistent with the basic ob-
jectives of the international trusteeship system and with the
terms of the Trusteeship Agreement.
18. By Article 6 of the Agreement, it was provided that the
United Kingdom should promote the development of free political
institutions suited to the Territory and to this end should assure
to the inhabitants of the Territory a progressively increasing
share in the administrative and other services of the Temtory;
shodd develop the participation of the inhabitants of the Territory
in advisory and legislative bodies and in the government of the
Territory, both central and local, as might be appropriate to the
particular circumstances of the Territory and its people; and should
take al1 other appropriate measures with a view to the political
advancement of the inhabitants of the Territory in accordance
~4th Article 76 (b) of the Charter, and that in considering the
measures to be taken under this Article the United Kingdom should,
in the interests of the inhabitants, have special regard to the
provisions of Article5 (a) of the Agreement.
19. By Article 9 of the Agreement, the United Kingdom under-
took certain obligations to al1 Members of the United Nations
and their nationals, namely to take al1 necessary steps to ensure
equal treatment in social, economic, industrial and commercial
matters and to this end:
(a) to ensure the same rights to al1 nationals of hlembers of the
United Nations as to British nationals in respect of various
matters,
(b) not to discriminate on grounds of nationality against nationals
of any Member of the United Nations in relation to certain
matters, and
(c) to ensnre equal treatment in the administration of justice to
the nationals of al1Members of the United Nations.
zo. ArticleIOof the Agreement provided, interalia, that measures
taken to give effect to Articlg of the Agreement should be subject
always to the ovemding duty of the United Kingdom in accordance
with Article 76 of the Charter to promote the political, economic,
social and educational advancement of the inhabitants of the terri-
tory to carry out the other basic objectives of the international
tmsteeship system and to maintain peace, order and good govern-
ment. COUNTER-MEMORIAL OF THE UNITED KINGDOM
59
21. By Article 13 of the Agreement, the United Kingdom
further undertook certain obligations in respect of missionanes
who were nationals of the Members of the United Xations..
22. Article 19 of the Agreement provided that-
"If any dispute whatever should arise between the Administering
Authority and another Rlemberof the United Nations relating to
the interpretation or applicationf the provisions of this Agree-
ment, such dispute, if it cannot be settled by negotiation or other
means, shall be submitted to the International Court of Jus..."
B. THE EFFECT OF ARTICLE19 OF THE TRUSTEESHIP AGREEMENT
23. In the submission of the United Kingdom, this Article was
not intended to give toany Member of the United Nations the right
to indict before the International Court the United Kingdom as
administering authority of the Territory for failure to discharge
its obligations in relation to the inhabitants of the Territoryder
the Trusteeship Agreement made with the United Nations. Under
the Charter, it was the function of the General Assembly acting
through the Trusteeship Council to exercise the authority of the
United Nations in respect of the administration of the Territory
brought ulthin the international trusteeship system by the Trus-
teeship Agreement. In the submission of the United Kingdom,
Article 19 of the Trusteeship Agreement does not and was not
intended to give any Member of the United Nations the right,
except as regards obligations specifically undertaken in relation
to Member Statesand their nationals in the Agreement (seepara. 31
below), to question before the International Conrt the adminis-
tration of the territory, administration for which the United
Kingdom was directly answerable to the Trusteeship Counciland
to the General Assembly.
24. Further, the United Kingdom will in this C~unter~Memorial
show that the complaints made by the Republic of Cameroon
in their Application to this Court and in their Memonal have been
considered and rejected by the General Assembly.
25. If contrary to the contention of the United Kingdom the
view is held that, under Article 19 of the Trusteeship Agreement,
a Member of the United Nations can bnng before the International
Court complaints as to the conduct of the United Kingdom as
administering authority for which the United Kingdom is answer-
able to the General Assembly, the United Kingdom further submits
that the Republic of Cameroon, which only became a member of
the United Nations on 20 September 1960, is not a Member of the
United Nations entitled to do so.
26. The jurisdiction of the Conrtunder -4rticle 19 of the Trustee-
ship Agreement exists only in the event of a "dispute" arising
between the United Kingdom and another Member of the United60 NORTHERK CAMEROONS
Nations "relating to the interpretation or application of the pro-
visions" of the Agreement, and only if such dispute cannot be
settled by negotiation or other means. The Republic of Cameroon
in paragraph 3 of its Memorial States that "the first three com-
plaints" enunciated in its Application "are based upon the breach
of the Trusteeship Agreement" and that "the remainder put in
issue the Trusteeship Agreement and resolution 1473 (XIV) of
the General Assembly dated 12 December 1959" (Annex V (38)).
In paragraph 4 of the Memorial, the Republic seeks to rely upon
protests made in the Tmsteeship Council and elsewhere and upon
its Note of I May 1961 to the United Kingdom. The fact that this
Note referred to "complaints of a legal character" and enumerated
"points of law" as constituting the subject of the Republic's
"dispute" with the United Kingdom cannot, by itself, cause a dis-
pute to arise. Xor could the additional fact that the Xote of I May
1961 was answered by a Xote from the United Kingdom of 26 May
1961 give nse to a dispute relating to the interpretation or appli-
cation of the provisions of the Trusteeship Agreement. Nor did
the making of complaints alleged to be based on breach of that
Agreement constitute such a dispute. Even if there ivere dis-
agreement between the United Kingdom and a Memberof the United
Nations relating to the conduct of the tmsteeship and the dis-
agreement were a "dispute", Article 19 of the Srusteeship Agree-
ment would not entitle a Member of the United Nations to invoke
the jnrisdiction of the Court in order to "put in issue the Trusteeship
Agreement and resolution 1473 (XIV) of the General Assembly".
27. The Republic of Cameroon has not any right either on its
own account or on behalf of the inhabitants of the Northern
Cameroons to put in issue the Trusteeship Agreement and the reso-
lution of the General Assembly nor did the Republic acquire any
such right as a result of the Southern Cameroons joining the Re-
public on I October 1961.
28. The Republic of Cameroon seeks to attach importance to the
fact that the word "whatever" follows the words "any dispute"
in Article 19. They say that the jurisdiction of the Court is very
\vide. But wide though it may be;it depends upon the existence
of a dispute relating to the interpretation or application of the
provisions of the Agreement. In the submission of the United
Kingdom, there is not and has not been a dispute between the
United Kingdom and the Republic of Cameroon of the character
required in order to give the Court jurisdiction. The Republic in
paragraph I of its Memorial seeks to rely upon Article 36 (2) (a)
and (c) of the Statute of the Court. In the absence of a declaration
by the Republic of Cameroon accepting the jurisdiction of the Court
as compnlsory ipso facto and without special agreement, as required
by Article 36 (z), the references to Article 36 (2)(a) and (c) are COUNTER-ME31ORIAI. OF THE UNITED KINGD03.1 61
irrelevant and throw no light upon the construction to be placed
on Article 19 of the Agreement.
29. The Trusteeship Agreement was made between the United
Kingdom on the one hand and the United Nations on the other
hand '.The Republic of Cameroon was never a party to the Trus-
teeship Agreement and only enjoyed the benefits of membership
of the United Nations from zo September 1960.
30. If it be the case that the Republic of Cameroon on and after
20 September 1960 was entitletl to rely on Article 19 of the Agree-
ment, it is not in the submission of the United Kingdom entitled
to rely upon matters occurring during the currency of the Agree-
ment pnor to zo September 1960 to establis11a dispute before that
date with the United Kingdom for the purpose of giving the Court
jurisdiction. Nor, in the submission of the United Kingdom, in
the event of a dispute sufficient to comply with the requirement of
Article 19 arising after 20 September 1960, is the Republic of
Cameroon entitled to ask the Court to pronounce upon matters
which occurred before that date. By becoming a filember of the
United Nations, the Republic of Cameroon cannot avail itself of
Article 19 so as to give the Court jurisdiction to adjudicatc on
matters in relation to which it would have had no jurisdiction if the
application had been made before zo September 1960.
31. Further, in the submission of the United Kingdom, the object
of Article 19 of the Agreement was not to give any Member of the
United Xations the right to bring the United Kingdom before
the Court on account of the way in which it discharged its obliga-
tions in respect of the inhabitants of the territory under the
Agreement made with the United Nations for which the United
Kingdom was answerable to the General Assembly but to provide
a method for adjudication of disputes relating to the obliga-
tions specifically undertaken in relation to Member States and
their nationals in the Agrecment. The United Kingdom rccog-
nizes the width of the language of Article 19 but will contend
that from a consideration of the Charter and the Agreement it is
clear that Article 19was not intended to provide machinery whereby
a Member State coiild ask the Court to adjudicate upon the dis-
charge by the United Kingdom of its obligations in respect of the
' The Trustecship Agreement was registereex oflcihy the Secretariat ofthe
United Xations ani October 1947 under Registration Numbcr 118 (United Nations
Trcnty Series. VoR,p. 119).Article 4 of the Kegulatians adopted hy the General
Assembly to give cffect to Artic~oïof the Charter (resolution 97 (1)of Do-
cemher rg46) provides that registratiexoflcisohvll take place in the following
cases:
(a) Where the United Nations is a party to the treaty or agreement
(b) \\lierthe United Nations has ken authonzed hy the treaty or agreement
toeffect registration.
As the Truçteeçhip Agreement makes no referenceto registration, that can only
have beendone on the ùasis that the United Nations was a party to the Agreement.62 NORTHERN CAMEROONS
inhahitants of the territory under the Agreement made with the
United Nations and so to duplicate the responsibilities of the
General Assembly and Trusteeship Council.
32. The United Kingdom submit that to interpret Article 19
in the way contended for by the Republic of Cameroon so that the
Court can now hold an inquest upon the conduct of the United
Kingdom during the currency of the Trnsteeship Agreement u~ould
be to put an unreasonable interpretation not merely on Article 19
itself but upon the Trusteeship Agreement and Chapter XII of the
Charter. Under the Tmsteeship Agreement and the Charter, the
United Kingdom was to be accountable to the General Assembly,
whose duty it was to supervise the discharge of the obligations of
the United Kingdom in respect of the inhabitants of the country.
It was not, in the submission of the United Kingdom, intended
that individual Members should be entitled to indict the United
Kingdom before the Court with regard to the manner in which the
United Kingdom discharged its trust. The forumfor such complaints
was to be the United Nations, either the General Assembly or the
Trusteeship Council. Moreover it was intended, the United Kingdom
submits, that the United Nations in collaboration with the adminis-
tering authority should have the right and the duty to settle such
matters definitively. It was not, the United Kingdom submits, in-
tended that decisions of these organs should be subjected to judicial
review by the Court at the instance of individual illembers of the
United Nations, and particularly of a Member of the United
Nations who did not hecome a Member until long after the execution
of the Trusteeship Agreement. To maintain, therefore, that Ar-
ticle19 has such an effect as the Republic of Cameroon claims, is
to place an unreasonably wide constrnction upon Article 19 and
one that is untenable in the light of the Trusteeship Agreement
taken as a whole and of the Charter.
33. It was considerations such as these which led the British
Government to maintain, as they did in their Note of 26 illay1961
(see Annex 2 to Cameroon Memorial), the following:
(a) "But the dispute in this case does not appear to be between
them (the British Govemment) and the Cameroon Government,
but hetween the Cameroon Government and the United Nations
General Assembly '. In administering the CameroonsHer Malesty s
Govemment have throughout acted under the supervision of the
United Nations General Assemblyand in accordance with its direc-
tives. Thepolicies or practices with which the Cameroon Govem-
ment find fault have been endorsed by the United Nations and it
would not be proper for Her Majesty's Government to take,upon
themselves the submission to the International Court of a dispute
concerning them. Her hlajesty's Govemment's obligations as ad-
' That the Republic of Cameroon was in dispute with the United Nations was
admitted by its delegation in the Fourth Cornont13 Aprirg6r (AIC.4IS.R.
1141.p. 11:2nd to 4th lines on the page).64 XORTHERN CAklEROONS
"..it solely upon the basis oflaw that the GovernmentofCamer-
oon proposesto place itself"
and in paragraph 6 of which it is stated,
"The Govemment of Cameroonproposessimply to ask the Court
to state the law, and no more."
It appears from these passages in the Application and the Memorial
that the Republic of Cameroon is not seeking any decision from the
Court, but solely a statement of the law. It is, in effect, seeking
to obtain from the Court an Advisory Opinion with regard to the
execution of the Trusteeship Agreement which terminated the day
after the Republic filedits Application to the Court. In thesubmission
of the United Kingdom, Article 19ofthe Agreement was not intended
to and does nothave the effectof enabling the Republic of Cameroon
to obtain such an Opinion; and the Republic is not entitled to seek
such an Opinion under the guise of a declaratory judgment. The
late Judge Sir Hersch Lauterpacht stated in his book The Denelop
ment of International Law by the International Court ((1958)p. 250),
after referring to the fact that the Court has recognized that "there
are certain limits ... to the Court's duty to reply" to requests for
advisory opinions,
"The Court has exliibited a similar tendency in relation to the
question of its competence to render declaratory judgments-a
matter in a senseconnectedwith Advisory Opinionsinasmuch,unless
the rendering of declaratory judgments, i.e. judgments unrelated
to a concrete claim for redress in respect of an alleged particular
act,is kept within limits, the jurisdiction of the Court might be
used as a means for obtaining Advisory Opinions by -States (as
distinguished from requests by an authorized organ or specialized
agency of the United Nations). The Statute wisely makes no
provision for requests for Advisory Opinions,which are not binding,
by individual States..."
The Republic of Cameroon is not seeking any redress; it is seeking
to secure condemnation of the conduct of the United Kingdom in
relation to the Trusteeship Agreement over a long period of time,
and a period antecedent to its membership of the United Nations
and a period which terminated the day after the Republic filed
its Application to the Court. In the circumstances, in the submission
of the United Kingdom, the Court should refuse to hear the
Republic's claim and should reject it.
36. Further examination of the Application and the Memorial,
however, shows that, despite the statements to the contras.
quoteù above, no questions of law are involved, except possibly
on one point, and the Court is not heing asked to statethe law but
to pronounce almost entirely upon questions of fact. The complaints
of the Repiiblic of Cameroon are listed on page 19of its Application.
They are as foliows: COUSTER-JIE3IORIAL OF THE UNITED KISGDO3I 65
"(a) The Xorthern Cameroons have not, in spite of the text of
Article 5, paragraph (b), of the Trusteeship Agreement, been ad-
ministered as a separate temtory nithin an administrative union,
but as an integral part of Nigeria."
As to this, the manner in which the Northern Cameroons has been
administered is a question of fact. The effect of Article 5 of the
Agreement is a question of law, but it cannot seriously be argued
that the Agreement required administration as a separate temtory
when the Article expressly provides for its administration "as an
integral part" of the Administering Authority's territory.
"(b) Article 6 of the Tmsteeship Agreement laid down as ob-
jectives the development offreepolitical institutions, a progressively
increasing share for the inhabitants of the Territory in theninis-
trative services, their participation in advisory and legislative
bodies and in the govemment of the Territory. These objectives.
in the opinion ofthe KepublicofCameroon,have not been obtained."
Whether or not they have heen obtained is a question of fact. Even
if the opinion of the Republic was right, no question of the inter-
pretation or application of the Trusteeship Agreement (see Ar-
ticle 19 of the Agreement) is involved.
"(c) The Tmsteeship Agreement did not authorize the Admini-
stering Power to administer the Territory as two separate parts,
contrary to themle of unity, in accordance with two administrative
systems and following separate courses of political development."
The Trusteeship Agreement replaced the Mandate under which
the Northern and Southern Cameroons were two separate parts.
The Agreement did not, nor did the General Assembly or Tmstee-
ship Council after its conclusion, require the two parts to be joined,
to beadministeredtogether and to follow the same course ofpolitical
development.
"(d) The provisions of paragraph 7 of resolution 1473 relating
to the separation of the administration of the Northern Cameroons
from that of Nigeria have not been followed."
Whether or not the provisions of the resolntion have been foiiowed
is a question of fact. No question of the application or interpre-
tation of the Tmsteeship Agreement is involved.
"(e) The measures provided for in paragraph 6 of the same
mental functions and the effective democratization of the system-
of local govemment have not been implernented."
Whether they have or have not heen implemented is a question of
fact, not involving the interpretation or application of the Tmstee-
ship Agreement.
"(f) The conditions laid down by paragraph 4 of the resolution
for the drawing up of electoral lists were interpreted in a discrimi-66 NORTHERN CAnIEROONS
natory manner, by giving an improper interpretation to the qualifi-
cation of ordinary residence."
This too is a question of fact, not involving the interpretation or
application of the Trusteeship Agreement.
"(g) Practices, acts or omissionsof the local Trusteeship author-
ities during the period preceding the plebiscite and during the
elections themselves altered the normal course of the consultation
and involved consequencesin conflict with the Trusteeship Agree-
ment."
Whether they did so or not is a question of fact, not involving the
interpretation or application of the Trusteeship Agreement.
37. Article 32 (2)of the Rules of Court requires that the appli-
cation should as far as possible statethe precise nature of the claim
and give a succinct statement of facts and ground on nrhich the
claim is based, these facts and grounds being developed in the
Memorial to which the evidence will be annexed. In the sub-
mission of the United Kingdom, neither the Application nor the
Memorial of the Republic of Cameroon complies with this Rule.
The Court is asked to declare in hoth documents that the United
Kingdom "failed in certain obligations directly or indirectly flowing
therefrom [from the Trusteeship Agreement] on the various points
set out above". The "various points set out above" are presumably
those stated in the preceding paragraph,but neither the Application
nor the Memonal specify the "certain obligations" flowing from the
Agreement which it is alleged that the United Kingdom failed to
fulfü. For instance, the opinion of the Republic that the objectives
specified in Article6of the Agreement have not been attained, is no
evidence of the fact if it be the fact, and no ground for aiieging a
breach by the United Kingdom of the Agreement. Moreover, the
two annexes filed by the Republic do not constitute evidence in
support of any claim by the Republic.
38. In the submission of the United Kingdom, the Court is for
the reasons stated without jurisdiction in the present case and
should refuse to hear it. But rather than that they should remain
unanswered, the United Kingdom will answer as systematically
as possible, despite their vagueness, the allegations made by the
Republic of Cameroon in its Application and Memorial. COUSTER->lEi\IORI AFLTHE USITED KISGDO>I 67
PART II
The Legality of the United Kingdom Administration of the
Trust Territory
Introduction
39. Part II of the Memorial of the Republic of Cameroon in
effect makes thrce allegations against the United Kingdom in
respect of its administration of the Trust Territory:
(n)first, that the United Kingdom, in breach of the Trusteeship
Agreement, administered the Northern Cameroonsas an integral
part of Nigeria;
(6)secondly, that the United Kingdom, in breach of the Tmtee-
ship Agreement, divided the Trust Territory for administrative
purposes, into the Northern and Southern parts; and
(c) thirdly, although the precise nature of this allegation is not
clear from the Memorial, it is apparently suggested that the
United Kingdom failed to fulfil the objectives of the Trustee-
ship, as set out in Article 7Gof the Charter and in the Trustee-
ship Agreement itself.
A. ALLEGATION CONCERNING THE ADZIINISTRATIO NF THE
NORTHERN CAIIEROOSS AS AS ISTEGRAL PART OF NIGERIA
40. The first ailegation, namely that the admiiiistratioii of the
Northern Cameroons as an integral part of Nigeria constituted a
hreach of obligations undertaken by the United Kingdom in the
Trusteeship Agreement, ignores the plain words of paragraphs (a)
and (b) of Article5 of the Agreement which expressly require the
administration of the Trust Territory as anntegral part of United
Kingdom territory (such as Nigeria then was) and authorize it to
he constituted intoan administrative union withadjacent territories
under United Kingdom sovereignty or control (which in this case
could only mean the provinces of Nigeria)1.
41.The facts on which the British Govemment rely are fully
set out in Annexes II and III to this Counter-Memorial. From these
facts the foilowing conclusions about the nature of the territory
administered can be drawn:
(a) The shape and nature of the Temtory was such as to make
administration of the British Cameroons as an entity imprac-
ticahle.
(b) Administration of the Temtory as an entity would not, if
practicable, have been desirahle, since:
The full terfnArtic5(a) and (b) seoutin paragruph:~7:ofPart 1hcreof.
668 SORTHERK CAalEROONS
(i) The boundary of the former German protectorate was a
historical accident resulting from the trading dominance
acquired by the Germans in various parts of the territory
from 1880 onwards.
(ii) The German protectorate consisted of fragments of regions
which had once been entities in so far as they remained at
al1 constant in the fluctuating fortunes of tribal wars. In
particular, it included a small part of Adamawa and a
small part of Benue-the rest of these empires being
included in Xigeria and French Equatorial Africa.
(iii) Consequently, the boundaries of the Territory placed under
British administration cut across tribal areas and there
were rarely ethnic or religious ties between the various
groups of inhabitants in different areas nlthin the Terri-
tory. In particular, the peoples of the Northern Cameroons
had greater ethnic and religious affinities with theireigh-
bours in contiguous Nigeria than with the peoples of the
Southern Cameroons.
(iv) Economically, there was not the slightest prospect of the
Territory becoming a viable independent economic unit.
(c) For the reasons stated in subparagrapli (b) above, it was more
desirable that theXorthern Cameroons should be administered
together uith the Northern region of Xigeria.
The facts on which these concliisions are based show that it was in
accordance with the interests of the inhabitants and with the
objectives of the Trusteeship Agreement to administer the Northern
Cameroons as an integral part of Nigeria.
42. Xot only is it clear that this method of administration wns in
accordancc with the Trusteeship Agreement, but, as shown in
Annex III to this Counter-Memorial, the facts and circumstances
were nt al1 material times fnlly known to the Trusteeship Council
and the General Assembly, under whose supervision the Territory
\vasadministered. The situation \vaskno\i.n by the General Assembly
at thc time when the Trusteeship Agreement was approved, and
was fully investigated both by the Trusteeship Council itself and
by United Xations Visiting JIissions and by the Committee on
Administrative Unions.
43. At no time did the Trusteeship Council or the General
Assembly adopt any resolution taking the position that the manrier
in which the Northern Cameroons was administered by the United
Kingdom was incompatible with Article 5 of the Trusteeship
Agreement. Nor did the Trusteeship Council ever find it necessary
to avail itself of the opportunity given by subparagraph (c) of
General Assembly resolution 224 (III) (Annex V (5))to reqnest an
advisory opinion of the Court as to whether this form of adminis-
tration was within the scope of and compatible wlth the Charter of COUNTER-MEMORIAL OF THE UNITED KINGDOM
69
the United Nations and the Trusteeship Agreement. On the contrary,
supervision by the General Assembly and the Trusteeship Council
was exercised on the basis that the territory \vas so administered.
It is completely without foundation to suggest now that the
administration was in any way a breach of the Trusteeship Agree-
ment or of the United Nations Charter.
44. \trith respect to the second allegation, the Trusteeship Agree-
ment contains no express prohibition against the division of the
Cameroons into two parts for the purposes of administration. As
in the case of ali internationalagreements, the Trusteeship Agree-
ment is to be interpreted in the light of the surrounding circuin-
stances, the history of its conclusion and the subsequent practice
of the parties.
45. The facts set out in Annex II to this Counter-Nemorial
explain why it \vas neither practicable nor in the best interests of
the inhabitants to administer the tivo parts of the Territory as a
single entity. Certain of the conclusions to be dra~vn from those
facts have been set out in paragraph 41 above and these arc also
relevant to the present issue. In addition, there is thensider t'ion
that the physical character of the Territory made contact between
the northern and southern parts of it extremely difficult. The fact
is that the Trust Territory\\.as 'hot a country in the ordinary sense
of the term but a geographical expression" (see the report of the
Mandatory Power to the Permanent Mandates Commission for 1929
quoted in paragraph 7 of Annex III). Fnrthermore, it must be
borne in mind that the priiiciple on whicli the Territory was gov-
erned nns that of indirect rule, which sought to bring political and
social advancement to the inhabitants by working through existing
tribal institutions. Consequently, the preservation of the existing
tribal and religious affiliations referred to in paragraph41 above
assumed importance and led to considerahle differencesof political
organization as between the Xorthern Cameroons and the Southem
Cameroons.
46. Having regard to these facts it is, in the submission of the
British Government, clcar that the Trusteeship Agreement was
not intended to reqiiire the administration of the Territory as a
single unit. Once more, they rely on the fact that the division of
the Territory into the Xorthern Cameroons and the Southern
Cameroons was known to the General Assembly at the timc when
the Trusteeship -4greemcnt was approved and formed the basis
on which the Trusteeship Conncil and the General Assembly exer-
cised their supervision throughout the period of the trnsteeship.70 NORTIIERN CAMEROONS
47. It may, moreover, be rioted in particular that both General
Assembly resolution 1350(XIII) (Annex 1' (34))and General Assem-
bly resolution 1473 (XlV) (Annex V (38)).concerning the future of
the Trust Territory, recognized the division of the Temtory into
two parts and recommended separate plebiscites in each part.
Indeed, the General Assembly provided by resolution 1608 (XV)
(Annex V (40)) for the termination of the Trusteeship Agreement
for each part separately and at different timcs. The complaints of
the Republic of Cameroon imply that the General Assembly itself
approved of and committed breaches of the Trusteeship Agreement.
C.ALLECATIO SOSCERKISG FAILURE TO FULFIL THE
OBJECTIVE SF THE TRUSTEESHIP
48. The third allegation made in the lfemorial seems to be
that the United Kingdom, in its administration of the Trust
Territory, failed to achieve the basic objectives of the trusteeship.
This allegation is made in the vaguest terms and with virtually no
evidence to substantiate it. In the submission of the British Govern-
ment, it is disposed of by the facts set out in Annexes II and III
to this Counter-Alemorial. The method of administration adopted
from the beginning of British administration was specifically
designed to meet the needs of the Territory. In the geographic,
ethnic and historical context described in Annex II the United
Kingdom sought to govern on the basic principle of indirect rule.
The reasons for this are explained in Annex III, and can be summa-
rized by saying that the object \vas to educate the local inhabitants
"to manage their own affairs and to evolve from their own insti-
tutions a mode of government which shall conform to civilized
standards", rather than to impose alien institutions however
praiseworthy they might be. This form of government was approved
by the Permanent Mandates Commission. \$Then the Territory
became subject to the Trusteeship Agreement in 1946 this method
of government nras continued in the pattern of affairs resulting
from Nigeria's gradua1 evolution towards independence, but with
a full consciousness, as appears from Annex III, of the ultimately
separate and severable responsibility of the United Kingdom
towards the Trust Territory.
49. From I October 1960, when the Federation of Xigeria
became independent, until the termination of the trusteeship in
respect of the Northem Camerobns, that part of the Territory
was administered as an independent entity, although its existence
as a separate entity after the conclusion of the plebiscite was not
in fact contemplated, the choice before the people being either
union with the Federation of Nigeria or union with the Republic
of Cameroon. In this interim period, in circumstances radically
different from those envisaged by the Trusteeship Agreement, the COUXTEH-MEAlORIAL OF THE UNITED KINGDO>I 7f
United Kingdom sought (in the manner described in Annex III)
to implement General Assembly resolution 1352 (XIV) (Annex V
(35)) and to continue to fulfil its obligations under the Trusteeship
Agreement.
50. The basic objectives of the trusteeship system are contained
in Article76 of the United'iVations Charter. They are:
"(a) to further international peace and security;
(bj to promote the political,'cconomic, social, and ediicational
advancement of the inhabitants of the tmst territories, and their
progressive development towards self-governmentor independence
as may be appropriate to the particular circumstances of each
territory and its peoples and the freely expressed wishes of the
peoples concerned, and as may be provided by the term. of . eacli
trusteeship agreement;
(c) to encourage respect for human rights'and for fundamental
freedoms for ail,without distinction as to race, ses, language, or
religion, and to encourage recogiiition of the interdependence of
the peoplesof the world: and
(d) to ensure equal treatirient in social, economic,and commer-
cial matters forl1klembersof the United Nationsand their nation-
als. and also equal treatment for the latter in the administration
of justice, without prejudice to the attainment of the foregoing
objectives and subject to theprovisioiisof Article 80."
51. In fulfilment of the aims prescribed in Article 6 of the Trus-
teeship Agreement ',the Trust Territory in soine 44 years of British
administration, procecded on a course of politic4 and social evo-
lution which, overcoming formidable obstacles of every, kind,
ultimately allowed the two parts of the Territory to take their
place as integral parts of the independent sovereign States of the
Federation of Nigeria and the liederal Republic of Cameroon.
52. The burden of substantiating this general allegation is, there-
fore, a heavy one. It must also overcome the simple and fundamental
fact thnt the General Assembly and the Tmsteeship Council of
the Unite'd Nations.were at al1times in full possession of the facts
concerning United.Kingdom administration of the Territory. As
already indicated in paragraph 42 above, year by year, the British
Government as Administenng Authority reported on every aspect
of its administration to the Trusteeship Council. It provided each
year a detailed description and nnalysis, with abundant statistics,
of the development of the Territory. The Trusteeship Council was,
therefore, fully able to follow this development in aii its aspects
and to assist the General Assembly, in accordance with paragraph 2
of Article 85 of the Charter, in exercising its supervision over the
administration of the Trust ter rit or^ ..nce again, it mnst be
observed that at no time did the General Assembly or the Trustee-
ship Council record its opinion that the United Kingdom had failed
' ArticlGis fully surnrnarizedin paragrofhPart 1of ThisCountcr-Mernorial.to meet its obligations as Adrninistering Authonty in promoting the
aims and objectives of the trusteeship.
PART III
The Course of the PlebisciteOperations
Introduction
53. The allegations made by the Republic of Cameroon in its
Memorial are of a most serious character for one Government to
make against another Government and the burden of proving them
rests squarely on the Government of the Republic. They are pre-
sented in the Memorial without any attempt to support them with
exidence or even to suggest that evidence is available to support
them. Further, the Rlemorialdoes not specify what legal obligations
of the United Kingdom are alleged to have been broken in the con-
duct ofthe second Cameroonsplebisciteor howthey have beenbroken.
54. It is, therefore, submitted that the Memorialoes not make
out any case for the British Govemment to answer in so far as
it is based on the "Course of the Plebiscite Operations". Never-
theless, while in no way admitting the Republic's auegations either
in fact or in law, the British Government wish to offer the foilowing
comments on Part III of the Memorial.
55. The preparation and conduct of the plebiscite held in 1961
in both the Northern and Southem Cameroons were supervised
on behalf of the United Nations by the United Nations Plebiscite
Commissioner, Dr. Djalal Abdoh, and his staff. Dr. Abdoh, who
was appointed as United Nations Plebiscite Commissioner by secret
baiiot at the 794th meeting of the General Assembly on 13 March
1959,made a comprehensive report on the plebiscite contained in
document T/1556 which was placed before the Trusteeship Council
at its Eleventh Special Session in April1961, and was placed before
the General Assembly at its Fifteenth Session in April 1961, as
document Al4727 of IIApril 1961.That report.does not make and
does not support any allegation of breach by the United Kingdom
of the Trusteeship Agreement or of the United Nations Charter
in any way in connection with the plebiscite in the Northern Cam-
eroons. The British Govemment relies on the conclusions drawn
in that report and denies the auegations made in the Mernorial
of any misconduct or any breach of the Trusteeship Agreement
or of the Charter in connection with the plebiscite.
(a) Conduct of Registration.
56. The distinctions between qualifications for voting in the
Northern and Southern Cameroons flowedfrom the United Nations COUNTER-MEMORIAL OF THE UNITED KINGDOM 73
resolutions 1352 (XIV) (Annex V (35)) and 1473 (XIV) (Annex V
(38))cited in the Memorial. The criterion for voting in the Northern
Cameroons was the same in 1961 as for the 1959 plebiscite, but the
Mernorial does not seek to impugn the earlier plebiscite. The term
"ordinarily resident" was fully discussed in and explained to both
the Fourth Committee and the General Assembly itself hefore
resolution 1473 (XIV) was adopted unanimously in December 1959.
In any event, the distinction was not caused by "inadequacy of
action" in the Northern Cameroons, as may he inferentiaiiy alleged,
although the Memorial provides no evidence in support of any such
allegation.
57. In fact, the distinction can be largely traced to the dis-
~~
ngrwriicnr bct\rt:en Go\.eriimcnt and olq>osiiion in the Suutlivrii
C;inieruuns on the ~iii;~liricat~orifsor i.otiniiitlic 5uutltt:rn Cnm-
eroons, which becaAe apparent at the theenth session of the
General Assembly. Discussion in that territory failed subsequently
to produce agreement hetween the parties. There was no such
background of interna1 factional interests in the Northern Camer-
oons and consequently some distinction in the form of the quali-
fications was to be expected.
58. As the Memorial correctly States, in the Northern Cameroons
persons were registered who could satisfy the simple conditions set
out in Dr. Abdoh's report at paiagraph 375, but these conditions
in no ivay conflicted with the relevant General Assembly resolution
(No. 1473 (XIV), Annex V (38)).
59. The British Government deny the allegations that the regis-
tration was not carried out under the proper control of the United
Nations and that the representatives of the pro-Cameroon parties
were not permitted to follow its course. On thecontrary,theproper
conduct of registration under United Nations supervision is ex-
pressly affirmed by paragraph 379 of Dr. Abdoh's report which
reads as follows:
"The registration itself was well conducted over the whole of
the period. With the vigilance of Registration Officersand United
Nations Observers, and with the aid of the Registration Super-
visors, who were normally assigned to oversee the personnel in
three to five registration arens, most of such minor errors such as
omissionsof names and faulty serialisation of registration numbers
were corrected."
60. The British Government further deny that "electors likely
to vote for reunification with Cameroon were systematically left
off the registers" and the innuendo in the statement that this was
done by "the Chiefs faithful to Nigeria". In fact, registration of
voters in the Northern Cameroons was camed out by Assistant
Registration Officers recruited in the manner described in para-
graphs 368 and 369 of Dr. Abdoh's report which read as follows:74 NORTHER'I CAhIEROONS
tion areas of the Northern Cameroons, the Administration requiredtra-
a total of430Assistant Registration Officers. These oficials were
recruited from within the Trust Territory with the exception of
twenty-five students of the Xuman Teacher Training Collegewhich
is situated in Adamawa Province in the Northern Region, but it
is worthy of note that half their number were indigenous to the
Northern Cameroons. The Assistant liegistration Officerswere re-
cruited from the various educational establishments inside the
Territory including the staff and pupils of the Teacher Training
Colleges at Baissa and Rluhi, of the senior.primaiy schools, and
teachers from the various Native Authority and voluntary agency
schools.
369. Since it was the first time that women had been given the
rightto vote in the Xorthern Cameroons:the Administration made
every effort toecmit suitably qualified women to serve as Assistant
Registration Officersand thus ta lend encouragement to potential
women voters to come forward to register. A total of twenty-five
women served as registration officiaisin the various districts in the
Northern Cameroons. and United Nations Observers and Admini-
strationOfficiaisalike attested to their efficiencyand effectiveness."
61. It is not clear precisely what allegation is based on the increase
in the number of registered voters in &luhiand the two districts of
Dikwa. There was not, however, anything sinister in this increase
wliich was partly due to theregistration of yomen votcrs for the
first tirne, partly to increased interest in the active campaign
pursucd by the advocates of bath points of view in the plebiscite
and partly to natural causes.
(b) Distribution of Voting Papers.
62. The impartiality of the operation is doubted by reference
ta an aiiegation that agents in the pay of the Government of Nigeria
distributed voting papers. This is denicd and the inference is conse-
quently unsupportecl. Xo paid agents of the Nigerian Government
had any opportunity of distributing voters' cards. Tliese were
distributed by the Assistant Registration Officers, who were almost
entirely inhabitants of the Northern Cameroons (para. 368 of
Dr. Abdoh's report, op. cit.). This was in accordance witli para-
graph 7 of the Northern Cameroons Plebiscite (Registration)
Regulations 1960 (Annex XVII to the report of the United Xations
Plebiscite Commissioner), which laid down in detail how persons
were to be registered and cards issued. '
63. It is denied that persons wishing to protest to the United
Nations Observer at Mnbi urere prevented from doing sa for fear
of reprisals, or that the police interrogatedhose who did so. Neither
the United Nations Observer at Mubi nor any resident of Mubi
made any such complaint to the Administrator or his staff. The
United Nations Office in Rlubi, together with that of the Adminis-
trator, the Resident and the District Officer, were on an open site COUNTER-hlEAlORlAL OF THE UNITED KISGDO31 75
and were naturally closetogether in that they had al1been construct-
ed specially for the administration of the plebiscite. The police did
not interfere in any way with access by inhabitants of the Trust
Tcrritory to the United Nations Plebiscite Commissioner or the
observers. It is significant tliat no case in which they did so is cited.
(c)Psychological Climate.
64. The allegations made under this heading, without any
evidence in support, are gener'ally denied.
65. The allegation of an "unfavoiirable psycliological climate"
can best be considered by refcrence to the full comments on the
general political situation in paragraphs 523 to 533 of Dr. Abdoh's
report. Dr. Abdoh States that in matters to which he drew attention
he had the co-operation and understanding of the Administrator
and that measures taken as a result of allegations and complaints
went a long way to\\rards removing obstacles to the exercise of
political nghts by al1concerned.
66. Similarly, the report, paragraphs 452 to 457, treats in great
detail of the question of arrest, wliich answers in factual terms
the somewhat generalized allegations of arrest and imprisonment
which are denied.
67. Dr. Abdoh does not refer at al1to the visit of the Secretary-
General of the Cameroon Ministry of Foreign Affairs in the context
in which it is placed in the hfemorial, nor does he refer tothe aUegec1
arrest of more than 300 supporters of "reunification" returning from
Maroua.
68. The United Nations Observers were from time to time asked
to ascertain the facts in regard to alleged arrests. The results of
investigations are fully set out by Dr. Abdoli, and the pattern and
conclusion of one of these enquiries may be mentioned as an cx-
ample in rebuttal of the charges. On II November, Mallam Umaru
Rficika, President of the KFP (a party favouring union with the
Cameroon Republic), made an aUegation that the prison had been
filled with people because of their political associations.' He nras
asked for the prisoners' names, but was unable to provide any.
He then asked permission to visit the jail so that he could
find out \Vhothey were. He visited the jail and produced a list of
seven cases. Other names were added by another person bringing
the total to rz. Of these only seven cases of jm~risonnient could
possibly be considered to have arisen from offences having any
political connotation. These 'cases are listed in paragraph 455 of
Dr. Abdoh's report. Dr. Abdoh shows that the possibility of allowing
persons charged with offences to be represented hy counsel of their
choice was considered but ded out because no provision existed
for the appearance of defence -lavers in Native Court procedure.76 NORTHERS CAMEROONS
69. His report shows, further, that steps were taken by the
Administrator to meet his anxieties about cases arising in particular
urider section 393 of the Penal Code of Northern Nigeria.
70. Dr. Abdoh describes (para. 461) an investigation carried out
by the United Nations Liaison Officer at hfubi, together with the
Kesident and Mallam Yero, the representative of the Government
of Cameroon, into di prisoners at that time in Mubi jail. Maliam
Yero visited the jail to interview these prisoners and on the basis
of these interviews, a list was prepared showing that there were
only 15 cases of offences in connection with political meetings.
Dr. Abdoh adds:
"According to the report of the SeniorDistrict Officer,upon con-
clusion of the questioning MallarnYero expressed himselfas being
satisfiedthat the personsconcemed had been irnprisoned on reason-
able and legitimate grounds, and only requested that the four
prisoners awaiting trial should be brought before the Courts as soon
as possible. This, the Senior District Officerassured him,uld be
done. Mallam Yero also warned three of the prisoners he had seen
that since permits were required to hold political meetings, they
should have observed the law. He told thern that similar laws in
respect of public meetingsexisted in the Republic of Carneroonand
asked the three persons concerned to convey what he had said
to the other prisoners."
71. The 43(sic) persons referred to by the Cameroon Government
as being reported to the United Nations Observer at Mubi on
24 January were investigated by the Plebiscite Comrnissioner.
An analysis of these names and 16 other names suhmitted, making
a total of 58, showed that II names were duplicated, eight could
not be traced, IOwere releascd before the plebiscite, one was released
on bail before the plebiscite, seven had no political significance,
one appeal was dismissed and one allowed, four were awaiting appeal
and Ij did not appeal; at the time of the plebiscite 20 of these
persons were, in fact, in prison and of these seven were imprisoned
on convictions which had no political significance (para. 477).
72. The complaints of arrests came almost entirely from the
Madagali, Michika and Muhi districts of the Mubi Native Authority
where the parties favourahle to unification with the Cameroon
Republic had consistently shown themselves as contesting the
lawful authority of the newly constituted Native Authority and of
the Native Courts. The 35 persons reported on zg January 1961,
mentioned in the pamphlet as arrested are referred to in detail in
paragraphs 471 and 472 of the Plebiscite Commissioner's report.
Of these persons four were imprisoned and the remainder fined.
73. The Magistrate's judgrnent indicates that the incident arose
from persons making their way into a Native Court and interrupting
proceedings. These proceedings had to be suspended. The Magistrate
said that "the defence has produced nothing to weaken the prose- COUNTER-MEhiORIAL OF THE UNITED KINGDObl 77
cution evidence ...It is clear that the intention of this assembly
was to intimidate the native court by a show of force."
B. IRREGULARITIE AND LACK OF SAFEGUARD DURING
THE PLEBISCITE CAMPAIGN
(a) Alleged Discriminatory Measures.
74. These allegations are denied. In respect of freedom of speech,
Dr. Abdoh describes in his report how a directive nas issued by the
Administrator, requiring Native Authorities to grant a permit for
any public assembly unless they were satisfied that a breach of the
peace \vas likely to arise. Of the period after this directive was issued,
the United Nations Plebiscite Commissioner reports:
"486. Therecontinued to be a fewinstancesin whichpermits were
refused,sometimesforvalid reasons,e.g.to hold meetingson market
days in or near the market places. addition, a few permits were
refusedbecause the applications were either vague or contained
requests for meetings to be held on morethan one day. In those
cases where the reasons for refusal were different from those set
out in the proclamation, representations were made and, usually.
followingan investigation, the permiwere granted."
75. There was no discrimination against those favouring "re-
unification". Of the few permits refused, more related to applica-
tions by the XiiDP/KFP than to applications by the other parties,
but in most cases this was hecause, although the prescribed pro-
cedure was well known tothe applicants, they neglected to follow it.
76. No permission was reqnircd for meetings other than those
held in public places. There was no requirement of permission for
meetings in private places and no restriction on the number of
persons who could attend these meetings. Very many such meetings
took place and were attended by anything up to about zoo persons
at a time.
77. The allegations of discrimination in respect of political
publications can be refuted by reference to paragraphs 490 to 498
of Dr. Abdoh's report. In paragraph 491, he describes how, as a
result of a complaint by the NKDP, he agreed with the Adminis-
trator that only parties registered in the Northern Cameroons or
persons eligible to vote in the plebiscite would be entitled to dis-
tribute propaganda posters and leaflets. He adds that subsequently
al1 posters favouring union witb Nigeria were properly identified
with the name of the printers and the sponsors. In the case of some
posters favouring union with the Republic of Cameroon, this was
not so.
78. It is denied that documents had, under the law or in practice,
to be printed in Nigeria, and that material from the Republic of
Cameroon was refused admission. Thc only requirement under the
law was that posters should bear the name of the printer and the7S SORTIiERS CAJIEROOSS
pubiisher and that persons wishing to publisb matter of a poiitical
nature should notify the Adrninistrator and deposit with him copies
of the test. This law was not intended for purposes of ccnsorship,
and was never so regardecl. Dr. Abdoh says (at para. 497) "... no
charges of censorship aere ever made".
79. The Administrator personally advised officialsof the NI<DP/
KFP how they could comply with the law and in fact large numbers
of posters printed in the Kepublic of Cameroon did circulate in
the Territory. The ailegation that material from tlie Repuljlic of
Cameroon was forbidden may have arisen from the incident referred
to in paragraph 49s of the report of the United Nations Plebiscite
Commissioner. In this case, a poster publishcd by the NKI)P/KFP
and printed in the Republic of Cameroon, but not deposited with
the Administrator in advance, was withdrawn at the request of
the Administrator on the grouiids thnt it could be used to mislead
the population.
(O) Alleged Restrictions on Movement.
So. It is denied that movemcnt was improperly restricted as
alleged in the Rlemorial.
SI. It is true that under the la\\. as it stood at the begiiining of
the campaign, vehicles from the Kepublic of Cameroon were required
to carry third-party insurance and registration in the Trust Terri-
tory. No vehicle was, howe\rer, at any time during tlie plebiscite
campaign prevented from entering the Trust Territory because it
lacked these documents, with the single exception of one car that
had been involved in an accident.
82. Notwithstanding this, as soon as the Administrator's atten-
tion \vas drawn to the fact by Dr. Abdoh that the law might impede
the entry of vehicles, even though it had never been applied for
this purpose, hetook steps to promiilgate a law (described in para. 500
of the report of the Plebiscite Commissioner) \\.hich removed these
requirements, and to draw it to the attention of the partics.
83. On the general question of complaints made that movement
into and out of the Territory \vas restricted, the United Nations
Plebiscite Commissioner States in paragraphs SOI and 502 of his
report the following:
"501. ...The United Nations Liaison Officer in Mubi, for his
part, reported that he had passed through tlie frontier between
the Territory and the Republic along the road from Mubito Garoua
on at least six occasions and that he had visited the borderon,at
least four other occasions, and that he had not noted an? pol?ce
officers or othei authorities posted for the purpose of stopping
'vehicles. Xeither 1 nor United Nations officials wlio travel!ed
repeatedly on the road from hlubi to Garoua found a checkpoint
on the PITorthemCameroonsside of the border. COUNTER-ME>IORIAL OF THE UNITED KISGDOXI 79
502. With regard to the complaint made ...that persons from the
Republic of Cameroon were not freely admitted to the Northern
Cameroons, it should be iioted that a similar statement had pre-
viously been made by persons from within the Territory as well.
Thesecomplairits werebrought tomy attentionand that oftheUnited
Xations Liaisoii Officer in hfubi, and iio evidence was found tliat
the free movement of persons into and out of tlie Territory had
been impeded. In fact, during the period when these complaints
were investigated the Mayor of Garoua was moving freely about the
Territory, even prior to his accreditation as Liaison and Information
Officer fromtlie Republic at hfubi."
(c) Alleged Activc Participation of Authorities and Officiais in
Favour of Nigeria.
84. Ali allegations of intimidation which are directed in general
against British and Nigerian agents and officials, and in particular
at the Resident at Rlubi, are denied. In so far as they derive from
the position and influence of the Resident at Mubi, they are mis-
conceived in thcir purported factual foundation. The Resident was
not in charge of the Administration and was seconded to the
Northern Cameroons from Nigeria and paid from Northern Cam-
eroons funds. The allegation as to the future of officials in the
event of failurc can necessarily be refuted only by comparison
with treatment of officials who assisted in the south during the
plebiscite. Members of the Nigerian service seconded (in exactly
the same way as in the Northern Cameroons) to the Southern
Cameroons have been free to revert to the Nigerian service in spite
of the result of the plebiscite in that part of the territory.
85. In respect of the employment of officials generally, this is
dealt with in paragraphs 420 and 421 of the report of the Plebiscite
Commissioner as follows:
"420. As regards expatriate staff, it would, have heen in the
Administrator's view wholly impracticable to bring to the Territory
and to employ in its administration expatriate officials from tlie
United Kingdom or from British territories who were neither
acquainted with the problems of the area nor able to communicate
with the people in the local languages. It was for these reasons
that the Administering Authority decided to retain on a second-
ment buis from the Xorthem Region Government the services of
such numbers of officiais (British as well as Nigerians) as were
required for the administration of the Northern Cameroons. Their
numbers, although limited during the period when the Territory
was administered as a part of the Northern Region, had to be supple-
mented hy additional staff when the administration of the Northern
Cameroons was constituted as a separate unit with its own admin-
istration. Tliese officials, including the newly appointed Resident,
were also seconded to the Northern Cameroons from the Northem
Region Government.
421. It was inevitable that the links of the above officials with
the Northern Region Government, which most of them had served80 NORTHERNCAMEROONS
for someyears past, as wellas their ownsympathiestowards Nigeria.
would open the door to suspicion of partiality and become the
subject of bitter complaints from the parties which favoured union
with the Republic of Cameroon. However, no specificevidence of
impropriety was brought to light."
86. The allegation in respect of the Arabs of Bama is denied. A
fuU investigation was made into the charges at the time and they
were without foundation, and the Resident stated that the facts
alleged were incorrect.
87. The allegation in respect of discrimination in the withdrawal
of representatives is denied. An identical letter was addressed to the
representatives in the Territory of both Governments,inviting them
to withdraw on the date in question personalities from ontside the
Territory who had been advising the parties in the campaign. As
explained in the two letters, in addition to theficialrepresentatives
on each side, one pcrsonality and six press and radio represcntatives
were permitted to remain. Both Governments were treated equally
and each representativc was informed that an identical letter was
being sent to the other. Both sides complied with the letter and
neither made any complaint.
88. The Government of the Republic of Cameroon alleges that
three days before the plebiscite 700 armed police were brought in
to the Trust Territory from Xigeria to persuade the population that
unless they voted for Xigeria they were liable to be arrested, perse-
cuted and forcibly removed. It is denied that a "considerable
number of Xigerians" were permitted to enter to "increase the
psychological action undertaken" or for any purpose \vhatsoever.
Sg. The allegation as to the entry of 700 police is denied and is
totally unfounded, as is clcar from paragraph 436 of Dr. Abdoh's
report. A total of 15 police were brought into the Territory diiring
January 1961 to bring the establishment up to the agreed figure
of 172 for the whole Northem Cameroons. No other police were
brought in at all.
go. In view of the reference to "troops", it should perhaps be
mentioned that at no time were any army personnel present in the
Northern Cameroons, with the exception of the detachment of
IOI signals officcrs and men supplied by the Nigerian army at the
express reqiiest of the United Nations Plebiscite Commissioncr for
purposes of radio communication during the voting and counting
periods.These units had been present in a similar capacity during
the 1959 plebiscite; they performed no other duties than those of
communications and carricd no arms. COUSTER-MEhIORIAL OF THE UNITED KISGDODI 81
c. IRREGULAR~TI ENSD LACKOFSAFEGUARDS IN
THE COSDUCT OF THE PLEBISCITE
(a) Presiding Officers at PoUing Stations.
gr. The allegations in respect of these officials are completely
refuted by reference to paragraph 574 of Ilr. Abdoh's report, which
reads as follows:
"A total of 760 Presiding and Pollingficerswere recruited from
within the Northern Cameroons, with the exception of twenty-five
studerits from the Numan Teacher Training College in Adamawa
Province of the Northern region of Nigeria. Of the latter, some
were residents of the Northern Cameroons. Althoug1 had requested
the Administrator in so far as possible to recruit staff fromg
qualified persons in the Northern Cameroons, 1raised no objection
to the employinent oftlies25students because these men's previous
experience and their knowledge of the difficultMambilla plateau
could most usefully be employed during the polling period. The
Presiding and Polling Officerswere recmited from among senior ar?d
junior primary-scl~ool teachers, mission-school teachers aiid pupils
who had completed standard IV or above. Training courses were
held at eacti of the Returning Officers'headquarters, lasting over
periods of fromeiglit to nine days. These courses wcre begun 28
January and lasted until 6 February. During the training courses,
these officialswere instructed in the construction of polling stations.
the mechanics of polling, and their duties conceming the delivery
of ballot boxes to the counting centres and were issued written
instmctions."
(b) The Secrecy of the Ballot.
92. The auegations as to intimidation by means of defective
polling booths and police influence are denied. The polling stations
were constmcted to a standard design; their construction made it
impossible for anyone to see inside the polling booths; no police
were anywhere permittcd inside the polling stations. At a great
majority of poUing stations there were no police prescnt nt all; in
one or two cases whcre police were uscd nt the polling stations, such
police were Native Authority Police (i.e. h'orthern Cameroonians)
and not Tmst Territory Police (Le. Nigerian Police on loan to the
Trust Temtory Administration and under the authority of the
Administrator). It must be recalled that in the entirc Territoryof
the Northern Cameroons the total number of police at the time of
the plebiscite was 391 (167 Nigerian Police hired for service in the
Northern Cameroons, 45 in the Native Authority Police training
unit and 179 other Native Authority Police; the latter224 were
Northern Cameroonians). It woulcl, therefore, have been qiiite
impossible for these to have exercised a significant influence on
378 polling stations, even if they had been present to doSO.
93. Furthermore, the "system of two polling stations" in no way
prejudiced the fair conduct of the ballot.82 SORTHERN CAblEROOSS
94. Thereasonsfor votingon two days in the Northem Cameroons
are set out in paragraphs 554 to 556 of Dr. Abdoh's report. In
paragraph 556, he wntes:
"In order to enahle the largest possible number of inhabitants,
particularly the recently enfranchized women, to participate in the
l'lebiscite, and wishiug to avoid the introduction of polling staff
from outside the Tmst Territory, 1agreed to the extension of the
polling period from one to two days, provided that the Plebiscite
Administrator could assure me concerning the safety of the ballot
boxes during the night separating the two pollingdays. The assur-
aPlebiscite Administrator designatedn12rFebmary 1961 to be an the
additional Pollingay."
(c) Lack of Minutes of the Polling.
95. In respect of the allegation that the niles for the plebiscite
did not provide for minutes of proceedings in which grievances
could be entered, the Plebiscite Regulations, approved by the
United Nations Plebiscite Commissioner, were suhstantially similar
to tliose for the Sonthern Cameroons plebiscite and had been
studied by him together with the latter, with a view to obtaining
the largest possible degree of uniformity (para. j39 of his report).
Provision was made in them for complaints about the conduct of
the voting to he made in the form of voting petitions. Not a single
voting petition in respect of the North was received under these
Regulations (para. 59s of Dr. Abdoh's report).
96. The allegation that some of the ballot boxes arrived sealed
and that voters were not called upon to note that they were empty
hefore voting began is denied. Under the Regulations al1 polling
boxes had to be shown empty and open to the polling agents ap-
pointecl by the two parties before voting hegan. NO complaints
were received by the Plebiscite Aclministrator that tliis rvas not
done.
(d) Alleged Intervention by Pro-Nigerians.
97. The allegation that there was an ovenvhelming majority of
Nigerians and representatives of pro-Nigerian parties appointed
as staff of the polling stations is denied. The method of selecting
the Presiding and Polling Officers has been already described
above. The vast majonty of them were Cameroonians and they
were chosen by the Plebiscite Administrator's staff mainly from
teachers and pupiIs, on grounds of their competence to do the work.
The other staff at the polling stations were polling marshals and
female searchers, who were al1Cameroonians.
98. The Government of the Re~ublic of Cameroon alleges that
press representatives of the Republic were refused the right to
speak to anyone, or even to go into the booths to venfy that both
the ballot boxes were there. COUXTER-AlEhlORIAL OF THE UXITED KIKGDOAI
83
99. In order to maintain the secrecy of the poli, no one except
PlebisciteOfficiaisand United Nations Observers, and the poiüng
agentsappointed by the parties, were dowed to go into the booths.
The press representatives of the Republic of Cameroon were in fact
active members of the campaign force of the parties who advocated
union with the Republic and it isunderstood that they were deputies
in the Parliament of the Republic. The United Nations Plebiscite
Commissioner writes in paragraph 512 of his report:
"However, 1 agreed to the Administrator's suggestion that each
of the two Governments concemed be invited to designate six press
representatives tocorneto the Territory to witness the polling and
counting of the ballots. Accordingly, invitations were sent by the
Administrator to both Govemments and, so far as 1 am informed,
the Republic of Cameroon sent one representative to each of the
areas in which a counting centre was located. The Govemment of
the Federation of Nigeria, forits part,imited itself to sending a
few cinecameramenand photographers to the Territory."
(e) Aüeged Incidents and Victimization.
roo. It is denied that the black ballot hoxes were positioned so
as to favour Nigeria. In paragraph 582 of his report, the United
Nations Plebiscite Commissioner describes the siting of the ballot
hoxes as foilows:
"During their course of training. polling staff were instructed in
the constmction of polling stations and each was provided with a
annaxis between the borders of the Republic of Cameroonand then
Federation of Nigeria and that theballot boxes were placedin the
respectivedirections.In this way, a total ofpollingstations were
erected in the 246 registration areas of the Northem Cameroons
in locations which had previously been sited by the Returning
Officers. The polling staff wasalso provided with al1 necessary
equipment called for in Regulation 7, before being sent to their
stations."
No complaints were made about this arrangement.
ror. The incident at Za was dealt with in accordance with the
plebiscite regulations and the facts are that a report was received
at Mubi that the Za polling stations had closed down in accordance
with the regulations owing to a disturbance having occurred.
It was understood that the I'residing Officer had allowed both
poiüng agents to go into the booth unaccompanied and there was
an altercation with regard to some ballot papers which had not
been placed in either box and this had led to a disturbance and the
poiiing station had been damaged. A superior Police Officer and
three Trust Terntory Police proceeded to the station during the
night which was over 18 miles from the road and he was accompanied
by a Polling Supervisory Officer with instructions to reopen the
poil on 12 Fehruary. In view of the fact that there was a dispute
7S4 SORTHERN CA3IEROOSS
whether certain ballot papers had or had not been properly placed
in a box, the poll at this station \vas started afresh and was com-
pleted on 13 February in accordance with the Regulations. This
was the only incident of the kind inal1the poiiing stations.
102. The aiiegation of intimidation and arrests and the throwiiig
of stones is denied. No more than one or two persons were nrrested
as a result of disturbancesduring the days of poiiing. Dr. Abdoh
observes in paragraph 586 of his report that poiling on both days
"proceeded in an exemplary manner and without major incidents".
(fi Allegations that the Cnstody of the Ballot Boxes and their
Closing Did not Offer Guarantees of Safety.
103. The aiiegation that the security arrangements for the ballot
boxes were inadequate is denied. In paragraph 588 of his report,
the United Nations Plebiscite Commissioner states that he is satis-
fied that the provisions for the security of the ballot boxes were
completely adequate. Although there was no provision for the
Polling Agents representing the parties to spend the night on
the premises where the boxes were kept, they were entitledtoaffix
their own scals to the boxes, and, as tlie Plebiscite Commissioner
says in paragraph 589 of his report, in some cases they did sleep
outside the buildings where the boxes were stored. The account
given of the demonstration of the sealing process in the presence
of the Secretary-General of the Ministry of Foreign Affairs for the
Republic of Cameroon is inaccurate. The box mhirh waî success-
fdly opened by the Representative of the Cameroon Government
had not been properly tied and sealed, as he himself pointed out at
the time.
D. IRREGULARITIE ANSD LACK OF SAFEGUARD IN THE
COUNTIKG OF VOTES
(a) Transport and Supervision of Ballot Boxes.
104. The couuting of votes was completed in three days, which
penod was shorter than anticipated in al1 the circumstances. In
the Southern Cameroons, about which no complaint is made,
counting took four days.
105. The description in the Jlemorial of the manner in which
ballot boxes were collected and numbered is inaccurate. The
arrangements are described in Dr. Abdoh's report as foilows:
"..Only the Returning Officersand the United Nations observers
were in possessionof the codes and knew the number belonging to
a particular polling station. The Counting Agents, altliougli able at
al1times to satisfy,themselves of the accuracy of the count, could
not identify a particular polling station as such. During this proce-
dure the Counting Agents were located at a point close enough to
them to observe the coding operation by the Returning Officer
and the United Nations Observer, but not closeenough to be able COUSTER-IIEJIORIA OF THE UNITED KISGDO~I 85
to identify the code number with its polling station. Once the fore-
going operation was completed, the opening of ballot boxes, the
countingand al1other procedureswerefullywitnessedby the Count-
ing Agent" (para. 589: sce also para. 590).
(b) Counting.
106. The inferences suggested by reference to the natio~iality
of the poiüng officers are not admitted. If, however, the Poiiing
Officers or any of them had a predilection for union with Nigeria,
this in no way affectedtheir conduct of the counting operations.
Dr. Abdoh describes the choice of counting officersin paragraph 576
of his report as foUows:
"...those selected for this important function had for obvious
reasons to be selected from amongst non-Carneroonians. Also ex-
cluded by commonconsent were those officialswho were primarily
charged with the administration of the Territory. In the circum-
stances, the field of choice wasnarrowed to technical or contract
officersand their wives. In some instances priests and missionary
staff were selected to serve. At one counting centre, forsample,
the counting officers included a priest of the Roman Catliolic
Church, a n~irsingsister, two professional engineersand a doctor of.
medicine."
It may be noted that the same arrangements were made for the
selection of counting officers in the Southern Cameroons plebiscite.
107. For reasons of secrecy it was considered necessary that the
representatives of the parties should not be able to determine the
number of votes cast for their party at each polling station. How-
ever, the Counting Agents appointed hy the parties were able at
al1 times to satisfy tliemselvcs of the accuracy of the count, and
al1allegations to the contrary are denied.
(c) The Proclamation of the Results.
108. The United Kingdom repeats and relies on the facts set out
above to controvert the inferences sought to be drawn from the
method of publication of the results of the plebiscite.
109. The British Government thus submit that the allegations
in respect of the plebiscite are misconceived.
First,they are frequently based on facts which in the United
Kingdom submission are untrue.
Secondly, the inferences drawn from those facts which are ad-
mitted are not truly derived thcrefrom, and the inferences and
justifications raised by the United Kingdom present a fair descrip-
tion of the plebiscite.86 XORTHERN CAMEROOSS
110. The United Kingdom subrnits that the conduct of the plebis-
cite is most fairly summarized in Dr. Abdoh's report at para-
graphs 599 to 605.
III. In submitting that the conclusions sought to be drawn by
the Kepublic of Cameroon are incorrect, the British Government
rely on the conclusion of Dr. Abdoh in paragrapbs 601 and 602
of his report which include the foilowing passages:
"..although the majonty of the people of the Northem Camer-
oonsmay not have grasped the intricate and complex constitutional
implications of the two alternatives, they were aware, nevertheless,
that the decision they were called upon to make at the plebiscite
meant joining one or other of the two neighbouring countries ...
The plebiscite was efficiently organized and conducted by the
Administering Authonty in accordance with the legislation pro-
mulgated for the purpose. In spite of the defects and weaknesses
inherent in the situation prevailing in the Northem Cameroons,
1 am satisfied that the people had the opportunity to express their
wishes freely and secretly at the polls conceming the alternatives
offeredin the plebiscite."
PART IV
Conclusions
112. The British Govemment submit that the Court should hold
and declare-
(i)jthat, for the reasons stated in Part 1 of this Counter-Memorial,
the Court has no jurisdiction in this case;
(ii) that, if, contrary to the submission of the British Government,
the Court holds that it has jurisdiction, for the reaçons stated
in Parts II and III of this Counter-Rlemorial, the allegations
made by the Republic of Cameroon of breach of the obligations
of the United Kingdom nnder the Trusteeship Agreement are
without foundation.
(Signed)
Francis VALLAT,
Agent of the Govemment of the
United Kingdom ANNEXES TO THE COUNTER-.\lEhlORIAL 87
Annexes to the Counter-Memorial
Annex 1
Trusteeship Agreement for the Territory of the Cameroons under
United Kingdom Administration
(As Approved by theGeneralAssemblyof the United Nations
at New York on 13 December1946)
WHEREAS the Territory known as Cameroons under British JIandate
and hereinafter referred to as the Territory has been administered in
accordance with Article 22 of the Covenant of the League of Nations
under a Mandate conferred on His Britannic Majesty; and
Whereas Article 75 of the United Nations Charter signed at San
Francisco on 26 June 1945 provides for the establishment of an inter-
national trusteeship system for the administration and supervision of
such territories as may be placed thereunder by subsequent individual
agreements; and
Whereas under Article 77 of the said Charter the international trustee-
ship system may be applied to territories now held nnder Mandate; and
IVhereas His Majesty has indicated his desire to place the Territory
under the said international trusteeship system; and
. .
Wbereas, in accordance with Articles 75 and 77 of the said Chartef.
the placing of a territory under the international trusteeship syst1s
to be effected by means of a Trusteeship Agreement;
Now therefore the General Assembly of the United Nations hereby
resolves to approve the following terms of trusteeship for the Territory.
ARTICLE I
The Territory to which this Agreement applies comprises that part of
the Cameroons lying to the west of the boundary defined by the Franco-
British Declaration of IO July 1919,and more exactly defined in the
declaration made by the Govemor of the Colony and Protectorate of
Nigeria and the Governor of the Carneroons under French Mandate
Government in the United Kingdom and the French Government ofsty s
9 January 1931. This line may, however, he slightly modified hy mutual
agreement between His Majesty's Government in the United Kingdom
and the Government of the French Repuhlic where an examination of
the localities shows thatit is desirable in the interests of the inhabitants.
ARTICLE 2
His Majesty is hereby designated as Administenng Authofity for the
Temtory, the responsihility for the administration of which will be
undertaken by His Majesty's Government in the United Kingdom of
Great Britain and Nortbem Ireland.88 PIORTHERX CAMEROOPIS
The Administering Authority undertakes to administer the Territory
in such a manner as to achieve the basic objectives of the international
trusteeship system laid dowii in Article6of the United Nations Charter.
The Administering Authority further undertakes to coilaborate fully
with the General Assemblv of the United Nations and the truste es hi^
Council in the discharge of al1 their functions as defined in Article8j
of the United Xations Charter. and to facilitate anv periodic visits to
the Territory which they inay deem necessary, at &mes to be agreed
upon with the Administering Authority.
The Administering Authority shall be responsible (a) for the peace,
order, good government and defenceofthe Territory, and(b) for ensuring
that it shall play its part in the maintenance of international peace
aiid security.
ARTICLE5
For the above-mentioned purposcs and for al1purposes of this Agrce-
ment, as may be necessary, the Administering Authority:
(a) shall have full powers of legislation, administration and jurisdiction
in the Territorv and shall administer it in accordance with his own
laws as an intégral part of Iiis territory with such modification as
may be required by local conditions aiid subject to the provisions
of the United Xations Charter and of this Agreement;
IbJ sliall be entitled to constitute the Temtorv into a customs, fiscal
. , or administrative union or federatiou !ith adjacent territories
under Iiis sovercigntv or control, and to establish common services
hetween such territbries and the Territory where such measures
are not inconsistent with the basic objectives of the international
trusteeship system and with the terms of this Agreement;
(c) and shall be entitled to establish naval, military and air bases. to
erect fortifications. to station and employ his own forces in the
Territory and to take al1sucb other measures as are in his opinion
necessary for the defence of the Temtory and for ensuring that it
plays its part in the maintenance of international peace and security.
To thisend the Administering Authority may make use of volunteer
forces, facilities and assistance from the Territory in carrying out
the obligations towards the Security Council undertaken in tliis
regard by the Admitlistering Authority. as well as for local defence
and the maintenance of law and order within the Territory.
The Administering Authority shall promote the development of free
political institutions suited to the Temtory. To this end the Admin-
istering Authority shall assure to the inhabitants of the Territory a
progressively increasing share in the administrative and other services
of the Territory; shall develop the participation of the inhabitants of
the Territory in advisory and legislative bodies and in the government
of the Territory, both central and local, as may he appropriate to the AXNEXES TO THE COUXTER-3IElIORIAL 89
particular circumstances of the Territory and its people; and sliall take
aü other appropriate ineasures witli a view to the political advancement
of the inhabitants of the Territory in accordance with Article 76 (b)
of the United Nations Charter. In considering the measures to be taken
under this Article the Administering Authority shall. in the interests
of the inhabitants, have special regard to the provisions of Article (a)
of this Agreement.
The Administering Authority undertakes to apply in the Territory
the provisions of any international conventions and recommendations
already existing or hereafter drawn up by the United Nations or by
the specialized agencies referred to in Article 57 of the Charter, which
may be appropriate to the particular circumstances of the Territory
and which would conduce to the achievement of the basic objectives
of the international trusteeship system.
In framing laws relating to the holding or transfer of land and natural
resources, the Administering Authority shall take into consideration
native laws and customs, and shall respect the rights and safeguard
the interests, both present and future, of the native population. No
native land or natural resources inay be transferred except between
natives, save with the previous consent of the competent public author-
ity. No real rights over native land or natural resources in favour of
non-natives may be created escept with the same consent.
Subject to the provisions of ArticleIO of this Agreement, the Admin-
istering Authority shall take al1 necessary steps to ensure equal treat-
ment in social. economic, industrial and commercial matters for all
hfembers of the United Nations and their nationals and to this end:
In1 shall ensure the same riehts to al1 nationals of Members of the
. , United Nations as to hisown nationals in respect of entry into and
residence in the Territorv. freedom of transit and navigation,
including freedom of traniit and navigation by air, acquisition of
property both movnble and immovable, the protection of persons
and property, and the exercise of professions and trades;
(b) of any illember of the United Nations in matters relating t0 thels
grant of concessions for the development of the natural resources
of the Territory, and shall not grant concessions having the charac-
ter ofa general monopoly;
(c) iintiona1.iof al1>leinbers of rlic Unircd S;itiori~.tion of justice t0 the
The rights conferred by this Article on nationals of Members of the
United Nations apply equally to companies and associations controlled
bv such ~iationals and organized in accordance with the law of any
bfember of the United Nations.90 NORTHERN CAMEROOSS
ARTICLE 10
Measures taken to give effect to Article g of this Agreement shaii be
subject always to the overriding duty of the Administering Authority
in accordance with Article 76 of the United Nations Charter to promote
the political, economic, social and educational advancement of the
inhabitants of the Territory, to carry out the other basic objectives
of the international trusteeship system, and to maintain peace, order
and good government. The Administering Authority shall in particular
be free-
(a) to organize essential public services and works on such terms and
conditions as he thinks just;
(b) to create monopolies of a purely fiscal character in order to provide
the Territory with the fiscal resources which seem best suited to
local requirements, or otherwise to serve the interests of theinhab-
itants of the Territory;
(c) wtaiits of the Territory may require it, to establish or permit to
be estahlished, for specific purposes, other monopolies or nnder-
takings having in them an element of mouopoly, under conditions
of proper public control; provided that, in the selection of agencies
to carry out the pnrposes of this paragraph, other thari agencies
controlled by the Government or those in which the Government
participates, the Administering Authonty shall not discriminate
on grounds of nationality against Members of the United Nations
or their nationals.
ARTICLE II
Nothing in this Agreement shall entitle any Memher of the United
Nations to claim for itself or for its nationals, companics and asso-
ciations, the benefits of Article g of this Agreement in any respect in
which it does not give to the inhabitants, companies and associations
of the Territory equality of treatment with the nationals, companies
and associations of the State which it treats most favourably.
The Administering Authonty shall, as may be appropriate to the
circumstances of the Territory, continue and extend a general system of
elementary education designed to aholish illiteracy and to facilitate the
vocational and cultural advancement of the population, child and adult,
and shall similarly provide such facilities as may prove desirable and
practicable in the interests of the inhabitants for qualified students to
receive secondary and higher education, including professional training.
The Administering Authority shall ensure in the Territory complete
freedom of conscience and, so far as is consistent with the requirements
of public order and morality, freedom of religions teaching and the free
exercise of al1 forms of worship. Subject to the provisions of Article 8
of this Agreement and the local law, missionaries who are nationals of AXNEXES TO THE COUNTER->IE>lORIAL 9'
lllembers of the United Nations shall be free to enter the Territory and
to travel and reside therein, to acquire and possess property, to erect
religious buildings and to open schools and hospitals in the Territory.
The provisions of this Article shaU not, however, affect the right and
duty of the Administering Authority to exercise sucli control as he may
consider necessary for the maintenance of peace, order and good govern-
ment and for the educational advancement of the inhabitants of the
Territory, and to take ail measuresreqnired for such control.
Subject only to the requirements of public order, the Administering
Authority shall guarantee to the inhabitants of the Territory freedom
of speech, of the press, of assembly, and of petition.
The Administering Authority may arrange forthe CO-operationof the
Territory in any regional advisory commission, regional technical organ-
ization. or other voluntarv association of State.. a<. sueciaiized inter-
national bodies, public or Private, or other forms of international activity
not inconsistent with the United Nations Charter.
ARTICLE16
The Administering Authority shall make to the General Assembly
of the United Nations an annual report on the basis of a questionnaire
drawn up by the Trusteeship Council in accordance with Article 88 of
the United Nations Charter. Such reports shall include information
conceming the measures taken to give effect to suggestions and Tecorn-
mendations of the General Assemhly and the Tnisteeship Cou~icil.The
Administering Authority shall designate an accredited representative
to be present at the sessions of the Tnisteeship Council at which the
reports of the Administering Authority with regard to the Temtory
are considered.
ARTICLE 17
Nothing in this Agreement shall affect the right of the Administering
Authority to propose, at any future date, the amendment of this Agree-
ment for the purpose of designating the whole or part of the Territory
as a strategic area or for any other purpose not inconsistent with the
basic objectives of the international trusteeship system.
The terms of this Agreement shall not be altered or amended except
as provided in Article 79 and Articles 83 or 85, as the case may be. of
the United Nations Charter.
ARTICLE 19
If any dispute whatever should arise between the Administering
Authority and another Member of the United Nations relating to the
interpretation or application of the provisions of this Agreement,suchg2 SORTHERS CAhlEROOiVS
dispute, if it cannot be settled by negotiation or other means, shali be
submitted to the International Court of Justice provided for in Chapter
XIV of the United Nations Charter.
Annex Il
The Geographic, Ethnic and Historical Background
This Annex sets out briefly the geographic, ethnic and historical
background of the territory which comprised the Cameroons under
British administration. The form which that administration took and
the way in which the temtory developed can only be understood against
this background.
A. GEOGRAPHIB CACKGROUND
I.The territory which comprised the Cameroons under British man-
date and trusteeship was a strip of predominantly mountainous country
ou the eastern frontier of Nigeria,stretcliing inland for some 700 miles
from the Atlantic Ocean to Lake Chad with an average width of 50
miles, brokcn in the north by a gap of some 45 miles which contains
the valley of the River Benue and in which the territory of Nigeria
and of the Cameroons formerly under French trusteeship meet. The
area of the territory is shown on the map attached as Annex VI '.The
eastern part of Nigeria consists of ail extensive low-lying plain rising
in the east to the great elevated plateau which extends to the north-
west from the Congo Basin and of which the Cameroons which was
administered by the United Kingdom is tlie north-western ridge.
z.Geographically, the territory falls naturally into several areas (a
physical map ofthe territory is attnched as Annex VI1 l):
(a) the southernmost area (from the sea-coast to about 5.8' N.),
dominated by the Cameroons nfountain (13,350 ft.), consists of a
widc belt of broken, forested country containing most of the terri-
tory's cocoa plantations. The most northerly toivn of any size is
hlamfe (5.7"N.);
(b) north of this forest belt (from about 5.8" N. to about 7" N.) is an
area of grassy highlands suitable for cattle-grazing, notably the
Ramenda and Mambila plateaux, but also containing peaks rising
to over 8,000 ft. The northern part of the area is rugged, remote and
very sparsely populated; commiinications through it are difficult.
the direction of such river valleys as there are, for example the
Rivers Donga, Katsina Ala and Gamana, being generally east-west.
The line which divided the territory for administrative purposes
into the Northern and Southern Cameroons (see section C (iii)
below of this Annex) lay in the northem part of this area:
(c) north of these highlands (from about 7"N. to about II"N.) there is,
to the east, a long line of broken. rocky hills divided by the low-
lying valley of the River Benue, and. to the wesf, a plain. some
' Annex not reproduce dnthis edition. [Nole byRegislr~.] ANNEXES TO THE COUSTER-YEYORIAL 93
1,500 ft. above sea-level, partly covered with tropical orcliard
scrub which is also typical of the Northern Kegion of Nigeria. The
part of the area south of the Benue Kiver is very sparsely populated,
Jada (8.7"N.) being the only tobi.nof any size. The northern part
is much more densely populated;
(d) finally, in the north (from about II" N. to Lake Chad), the liills
give way to a flat landscape of sand and black cotton soi1and, in
the extreme north, marshlarid on the shores of Lake Chad.
B. ETHSIC B.\CKGROUSD
3. The ethnic structure of the territory formerly under British
trusteeship is highly comples, but the main tribal groups are as follows:
(a) The Kami-i entered Bornu (the medieval empire which extended
over a very large area south-west of Lake Chad) in the thirteenth
century and are still the ruling race in the area of Dikwa. The
Bornu area is coloured green on the inap at Annex VI '.
(6) The Shuwa Araus entered Uornu froin the east and are now mostly
settled in the extreme north of the territory.
(c) The Frdutzi, in the first half of the nineteenth century, dominated
the large Adamama and Benue area, of which the portions wliich
formed part of the Cameroons trust territory are coloured yellow
and browii on the mav at Aiinex VI. Still the principal tribe of the
Adamawa area, theyare mostly Aloslemsof Chesinni sect; their
lan~iiage is the linpua francn of Adama\va.
(d) TkeTikar and ~hamba group. The Tikar migrated southwards
under Dressure from the Chamba into the Bamenda. M'um aiid
~kambe area. the northernmost part of the former Southern Cam-
eroons. The area of the Southern Cameroons is coloured pink on
t~ ~ ~ ~ nt Annex VI. The Chamh;i were. in their turn. dribeii into
the same part of the southern ~ameroo& under the menace of :i
Fulani riiler. Thereafter. Fulani incursions devastated the iiorthern
part of the area and broke up the indigenous pagan tribes and
constant inter-tribal and internecine fighting led to a great con-
fusion of races and tribes there.
(e) Finally, there is a large heterogencoiis group of other grassland and
forest peoples of various origins. In the Northern Cameroons there
are still many primitive hill peoples uninfluenced by the Aloslem
culture of the people of the plains. In the Southern Cameroons, there
are large numbers of peoples of different kinds and origins, some
influencetl hy the Tikar and Chamba ciilture, but for tlie most part
the pictiire is of a tribal pattern complex in the highest degree.
the result of constant migrations aiid of interaction among small
groups of peoples.
4. The predominant religions of the former trust territory are Islam
in the Northern Cameroons (profcssed by the Fulani and the Kanun-
as it is hy the Fulani and the Hausa of X. Nigeria) and Christianity,
mhich is widespread in the Southem Cameroons, but there are also
numerous highly localized indigenous religions.
' Annex not reproduced in this edition[Nol6 by the Regirtry.]94 NORTHERN CAhIEROONS
5. Social organization is more formal and rigid among the Moslemsof
the Northern Cameroons, the central authority of the Emir (in Dikwa)
and the Lamido (in Adamawa) being recognized. Even the hiii pagan
communities of Adamawa are bonnd together in the organization of
the Emirate of Adamawa. In tlie grassland ares of the Southern Cam-
eroons, the Tikar and the Chamba and the peoples influenced by them
have weU-developed chieftaincies. Chieftaincy among the forest people
of this area isuch more informal. A particular feature of social organ-
ization in the Southern Cameroons were the various associations (some-
times inaccurately called "secret societies"), often functional in origin
(e.g. merely a dancing group) but frequently acquiring executive power.
C. HISTORICAB LACKGROUND
(i) The Pre-1914 Period.
Kingdom mandate and trusteeship was, until the territory became part
of the German protectorate of Kamerun towards the end of the nine-
teenth century, not the history of one nation. Included in the territory
were parts of larger areas which had been occupied by various peoples
each with its own history. In addition, the interest of the European
powers in tlie area in the nineteenth century moved only by gradua1
stages from the coast into the interior. It is possible, however, for
present purposes, to coiisider the history of the territory before 1914
as being, broadly speaking, the history of three areas: (a) the coastal
area; (b) the area dominated by the Fulani (the Benne and Adamawa
districts of the former trust territory); an(c) that part of the empire
of Bornu which was included in the mandated territory, namely the
Emirate of Dikwa.
(a) The CoastalArea.
7. The Cameroons estuary and thc neighbouring coast were discovered
towards the end of tlie fifteenth ceiitnry by Portuguese navigators. In
the seventeenth and eighteenth centuries, European trading stations
were established along the coast and the local chiefs took part in and
profited greatly from trade in ivory, rubber and other produce. By the
end of the eighteenth century, the coastal region had come politically
under British influence and the local chiefs looked to Britain for trade
and protection. Numerous anti-slavery treaties were concluded between
Great Britain and the local rulers. In 1844,a British Baptist mission was
established at Bimbia (on the mouth of the Cameroons, but not marked
on the map at Annex VI) and, in 1849, a British Consul and Agent was
appointed to regulate trade on the West African coast, including the
ports of the Cameroons. In 1858, Baptist missionaries, fleeing from the
Spanish island of Fernando Po. bought land from local chiefs and
established a settlement which they named Victoria in honour of the
Queen of England. In 1860, the first German trading station was estab-
lished on the Cameroons estnaqr.
8. The local rulers reqnested formal British protection on various
occasions and, in 1884, the British Consul was instructed to offerforma1
protection to certain of these mlers. However, Germany, whoseinterest
in the area was by now considerable, succeeded in concluding a treaty ANNEXES TO THE COUSTER-MEMORIAL 95
of protection with two of the most important miers just fivedays before
the British Consul arrived on the same mission. The British Consul
thereupon concluded treaties of protection with other local rulers. As
a result of diplomatic correspondence, however, an Arrangement was
agreed between Great Britain and Germany in April 1885 (British and
Foreign State Papers, Vol. 76, p. 77z), whereby Great Britain engaged
with the extension of Germanteriiifluence along the coast or in the interior
districts to the east of a line which followed the course of the Kio del
Rey (approximately ,845; E.). An exception was made with regard to
the settlement of Victoria which was, however, later ceded by Great
Uritain in retnrn for compensation. The question how far this arrange-
ment extended into the iuterior was expressly left undecided at this
stage. Germany accepted a similar engagement in respect of territory to
the west of the line thereby recognizing the predominant interest of
Great Britain in the Lower Niger and neighbouring area. A Protocol of
24 December 1885 (British ami Foreign State Papers, Vol. 76, p. 303).
between France and Germany determined the southern limits of the
German territory. Thereafter,the major part ofGerman efforts to develop
the Cameroons was devoted to this coastal area where extensive cocoa
plantations were successfully established.
(b) Adamawa und Benue.
9. The broad lines of the territory of the German Caineroons having
thus been settled in the coastal area in 18Sj, the next phase in the
liistory of the Cameroons is the opening up of the interior, with the three
interested European powers moving in from different directions. British
interest was expanding from the direction of the Lower Xiger. French
from the territory to the north and south-east and German from the
coastal area.
IO. During the first half of the nineteenth century, the Fulani had,
under their leader hlodibo Adama, come to dominate a large area
(Adamawa) north and south of the Benue River, forcing the ahoriginal
groups into the mountains and foothills to the south and establishing
their capital at Yola. The British moving north along the Benue River
established trading posts in the territory as early as 1889. In 1901,
the Lamido of Adamawa was driven from his capital after he had refused
at Gama, some 60miles to the east, but was finally defeated. His brother
was installed as Lamido. I
II. A treaty concluded on 19 BIarch 1906 (British and Foreign State
Papers, Vol. 99, p. 366), determined the boundaries between the British
and German spheres of influence in the area; treaties between France
and Germany delimited the respective spheres of influence of those
two countries. Thereafter, Adamawa was administered partly with
French Eqnatorial Africa, partly with British Nigeria and partly with
the German colony of the Kamernn. Yola, the former capital, became
a Nigerian provincial capital.
(c) Dikwa.
12. The Emirate of Dikwa (ofwhich the part which was under United
Kingdom trusteeship is coloured green on the map at Annex VI), was96 SORTHERX CA3IEROOSS
a smaU part of the vast and ancient Kanuri sultanate of Bornu which
at one time stretched from the Sahara in the north to Adamawa in the
south and, iii the west, almost as far as the present western boundary
of Nigeria. Fulani settlers and Sliuwa Arabs entered the territory in
the sixteenth and seveiiteenth centuries. The Bornu ultimately resisted
the attacks of the 1:ulani in the nineteenth century and remained in
po\veruntil the end of the century. ln 1900,French forcesfinally defeated
one Rabeli who, coniiiig from the Sudan, had managed, in 1893. to gain
control of the Uornu Empire. British, French and German expeditions
were thereafter active in the area. A German explorer reaclied Lake Chad
in 1900, but the British were in effective control of about three-quarters
of the Bornu territory and this area was included as part of the newly
proclaimecl (1900) Protectorate of Nigeria. The south-easterii part of
Bornu under German control, Dikwa, \vas inc!uded in the German
colony of the Kainemn. An Exchange of Notes of February rgog
(brrilishnnrl 1:oreig)Stnte Pnpers, Vol. 106, p. 782), definitively deter-
mined the boundary between British and German territory from Yola
to Lake Chad. An agreement of IIhfarch 1913determined the boundary
south of Yola to the Atlantic coast.
(ii)he 1gr4-1g??IJeriod.
13. 0ii the outbreak of !var with Germany in August 1914 offensive
action against the German colony of I<amemn was begun from British
Xigeria and from French territory. The colony was finally taken in 1916
when the maiil German force retreated into Spanish territory. By an
arrangement which came into effect on 18 April 1916 the Cameroons
\vas provisionally divided into British and French spheres. the British
sphere to include the Emirate of Dikma and a piece of territory on the
coast. On IO July 1919 a declaration was signed by Lord hlilner and
hlonsieur Simon, on behalf of Great Britain and France, makiiig certain
boundary adjustments and transferring certain territory. By Article
119 of thc Treaty of Peace with Germany signed at Versailles on 28
June rgrg. Germany renonnced in favour of the Priiicipal Allied and
Associated Powers al1 her rights over the Cameroons and the Powers
agreed that the Governments of Great Britain and l'rance should make
a joint recommenclation to the League of Nations as to the future of
the territory. The recommendation of the Governments \vas that a
mandate sliould be conferred on His Britannic hlajesty to administer
in accordaiice with Article 22 of the Covenant of the League that part
of the Cameroons lying to the west of the line agreed in the Milner-
on the President of fiance to administer the territory to the est ofd
that line.
(iii) The 1922-1946Period.
14. The terms of the Mandate conferred on His Britannic Majesty
were defined by the Council of the League of Nations in a document
dated 20 July 1922, to which the Milner-Simon declaration of IO July
1919 was annexed. A copy of the Mandate is attached as Aniiex IV.
The hlandatory Power was to be responsible, under Article 2 of the
Mandate, for the peace. order and good governmcnt of the territory. and
for the promotion to the utmost of the material and moral well-being
and the socialprogress ofits inhabitants. Forthis purpose, the hlandatory ANNEXES TO THE COUSTER-MENORIAL 97
Power was to have, under Article 9, full powers of administration and
legislation in the area subject to the Mandate. The area was to be ad-
ministered in accordance with the laws of the Mandatory as an integral
part of his territory and subject to the provisions of the Mandate.
Article 9 continued:
"The Mandatory shail therefore be at liberty to apply his laws
to the territorv subiect to the mandate. with such modifications
js may be r4uired' by local conditions, and to constitute the
territorv into a customs, fiscal or administrative union or federation
with tfie adjacent territories under his sovereignty or control,
provided always that the measures adopted to that end do iiot
infringe the provisions of this mandate."
15. From the st:rrt of British administration of the Cameroons under
the Mandate, the tcrritory was administered by His Britaniiic Majesty
through Iiis Government in Nigeria. Alsofrom the start, it wasrecognized
that the territory was iiot suitable for administration as one wliole.
The Protectorate of Nigeria was at that tiine divided into two groups
of provinces, the Northern and the Southern, and in the circuinstançes
it was found best to divide the territory of the Cameroons into a Northern
and a Southern part, each of which was addecl for administrative
purposes to the group of provinces to which it was most closely related
eeoerar>hicallv. The decision to administer the territorv in this wav
was based no; only on geographical considerations but alio on a varie+
of other factors deriving particularlv from the historical and ethnical
background of the territGry as described in this Annex.
16. The northern part of the mandated territory, the Northern
Cameroons, had formed part of the native Empires of Bornu and Adama-
wa, and it was administered throughout the period of the Mandate as
part of the two northern provinces of Nigeria of Bornu and Adamaiva.
The northern nrovinces were under a Lieutenant-Governor aiid each
had a Native lfuler and a Resideiit. The southern part of the mandated
territorv, the Southern Cameroons. was administered, until 1q3q, as
part of-Southern Nigeria, as a separate Cameroons province. In-Ïg39,
when the southern provinces ofNigeria weredivided into the eastern and
western provinces, the Southern Cameroons was joined for administra-
the period of the Mandate, the Southern Cameroons was administeredoughout
by a Resident at 13uea.who was in turn responsible to the Lieutenxnt-
Governor of the southern provinces of Kigeria until 1939 and of the
eastern province of Nigeria from 1939to the end of the Mandate.
17. Theboundary dividing the Northem from the Southern Cameroons
\vas the line indicated on the map at hnex VI, except that. prior to
1927, the Kentu District (1.165square miles), part of the area coloured
transfer to the Northern Cameroons was based on grounds of the tribal
affinities of the inhabitants of the district and of general administrative
convenience. Tlie Kentu District was difficult of access from the south,
being separated from the rest of the Southern Cameroons by a belt of
rugged and sparsely inhabited country.
16. The history of developments utthin the territory during the
period of British administration under the Mandate is described in detailg8 SORTHERN CAIIEROOSS
in the reports of the Mandatory Power to the Permanent Mandates
Commission, to which reference is made in Annes III, Section A.
Annex 111
Administration under the International Trusteeship System
I.The Mandate in respect of the Cameroons under British administra-
tion was replaced by the Trusteeship Agreement approved by the
General Assemblv of the United Nations on I? December 1046. In the
course of the ~li~cussioii..priur IO the appro~id of the :\b~eemciit, it
1~x3 in:~declcar 1,)the I<ritishrqrresrntniivcs on tlic 1;u~irtliCoiiiniittee
of rti*Gcncral hsscnil,l\. 11i:itthe form of iidrniiiistratiun iïtiich Iiad becn
adopted under the Mandate would be continued if the territory were
placed under British trusteeship. since it was, in the circumstances, in
the best iiiterests of the inhabitants of the territorv to do so. (See. for
example, the statement by Mr. Thomas in the officia1 ~ecord; of the
General Assemblv First Session, Second Part, Summarv Records of the
Fourth Committëe, Part II, pp. 118-119.)
2. In addition, the wap in which the territory had been administered
under the Mandate wa weUknown to the Membersof the United Nations
in 1946 and the reports of the llaiidatory Power to the Permanent
Mandates Commission and the reports of the Permanent Mandates
Commission itself were readily available to them. It was on this basis
that the Trusteeship Agreement was approved by the General Assembly.
Accordingly, paragraphs 3 to 8 of this part of this Annex show briefly
how the facts of the situation existine in 1046 and the reasons for it
were available to the General Assembl~ in théiecords of the Permanent
Mandates Commission to which, of course, the Members of the United
Nations had access: Part B (naras. o to 17) summarizes constitutional
<le\~clopmcntsduring tlii. perii~dof rriistccsliip; I1:.(;tlur:L'.ii'tu 25)
describes tlic ninnncr iii wliicltli~.trust rcrritory\\.ai:i~lniiiiistcr~b!.
coll:~tiorntionlirtir.,cen tlir I'nited Kinudoiii aiid the comi),,teiit oraaiis
of the United h'at&, and-part D (paras. 29 to 56) des&ibes the\ay
in which the future of the temtory was determined in accordance with
the recommendations of the General Assembly.
3. In accordance with the requirements of Article IO of the Mandate,
the British Government submitted a report annuaUy to the League of
Nations through its Permanent Mandates Commission.The Introductory
Note to the first such report, for1921, informed the Permanent Mandates
Commission that the territory was administered by His Britannic
Majesty through his Government in Nigeria and that the Protectorate
of Nigeria was divided for administrative purposes into two groups of
provinces, the northern and the southern. The Note continued (para. 3):
"In the circumstances, it has been found convenient similarly
to divide the territorv in the Cameroons which is now nnder the
administration of th: Nigerian Government into a Northern and
Southern half each of which has been added for administrative ASSEXES TO THE COUSTER-llEllORIAL 99
purposes to the group of provinces to which it geographiwlly
belongs and has been placed under the charge of the Lieutenant-
Governor wlio is resnonsihle~fo~ that "roun. \Vhereas. however. t.e ~ ~
area comprising the Nortliern portion of the Cameroons territory
under British administration has been aaain sub-divided into two
portions-of wliich the more northerlYWis administered by the
Kesident of the Nigeriaii Province of Bornu and the more southerly
by the Resident of the Nigerian Province of Yola-it lias bcen found
most convenient to treat the part of the Camerooiis which is
attached to the Southern Provinces as a separate provinci:il entity
and to post to the charge of it a Senior Resident assisted by a smaii
staff of Political Oficers."
4. The Mandates Commissioii in considering the report for 1922 at
its third session commcnted under the heading "Administrative Organ-
ization": "The same observatioiis as for British Togoland (mictatis
mutandis)". In its comments on the administrative organization of
British Togoland, the Commission had said (P.M.C. Tliird Session
Report-A. 46, 1923 (\'1)):
"The Commission fully recognizes that the incorporation of
Togoland with the Gold Coast is necessitated hy circumstances and
is in no way an iiifringement of the Mandate. It gives rise, however,
to a very serious difficulty as regards the work of the Cominission
which has to give its opinion on the administration of the territory
on the basis of the Annual Keport. In order to overcome this diffi-
culty the Commissionshould have at its disposal as much documen-
tary evidence as possible. It would therefore be glad if the next
report contained as clear and complete a statement as possible
regarding the organization of the administration of Togoland to-
gether with the pertinent Ordinances ofthe GoldCoast. In particular,
it would be glad to be informed regarding the powers ofthe various
Administrators and to know to what extent the natives are em-
ployed in public service."
5. At its fourth session, in 1923, the Mandates Commission made
similar observations regarding the administrative division of the terri-
tory which had been introduced and concluded that it was important
that the reports of the Mandatory Power should be drawn up in such a
way as to facilitatc the work of the Commission.
6. In the report oii its fifth session, the Commission returned to the
question of the administratioii of the mandated territory with the
Protectorate of Nigeria and commented as follows:
"In view of the geographical configuration of these two territories
and the etiinical composition of their populations the Commission
is fully prepared to admit that the measures adopted by the Man-
datory Power may be the best calculated foensuregoml administra-
tion and consequently the well-heing of the population. It desires
to add that these measures are more ex~resslv authorized bv the
terms ofthe Mandate provided that they d'onot'lead to any infRnge-
ment of the ceneral provisions thereof."
-
The Commission referred to the fact that the Mandatory Power had the
right nnder the terms of the Mandate to administer the territories con-
cerned "as integral portions of its territory". The Conimissioncontinued:
8100 SORTHERS CAJlEROOXS
"This does not mean that the countries concerned have become
integral portions of the neighbouring colonies as the wording of
certain passages in the reports on Togoland and the Cameroons
would appear to suggest. \\'hile the Commission desires to bring
this matter to the notice of the Council it does not exaggerate
its importance. As however the passages referred to might lead to
annexationist aims being attributed quite erroneously to the Man-
datory Powers it appears to the Commissiontliat their own interest
no less thaii that of the League of Xations requires that in future
any formula should be avoided which might give rise to doubts on
the subject in the minds of ill-informed or ill-intentioned persons."
7. In its report to the Mandates Commission for 1929, the Ifandatory
Power explained the position as follows (paras. 4 and 5) :
"It may be stated with confidence that no such tendency [a
tendency of the local administration to consider the mandated
territory as an iiitegral part of Nigeria and to lose sight of the vital
differences between Nigeria under the sovereignty of Great Britain
and the Cameroons, a territory under mandate] exists and that
both the Mandatory Power and the local administration are fully
aware of the vital differences which exist in the status of the two
territories. It is indeed a matter of some concern to the Mandatory
Power and to the local administration tliat allegations of tendencies
towards annexation of the Cameroons under British RIandate by
Niceria should be advanced when everv effort is made to observe
tht: coiiditioni of tli~ \l;in~l;<r~and tu ~icliiiiiiiir<:rtlic 1,-rritorsu
ai ro scciire IO III<:bcst :ICI\-,inr.irlit:\v.ll-t~ciii;iii<~l<.v~loliiii~iir
of tli,i)t.i,i,lIt iiiusr LIL~C:LIIIC J11:trtlw cov~riiiriz fit;tor 111 th^:
adminiStrjtioii of the Cameroonsunder BritisK~anda&isgeogra~hy.
The territory is a long narrow strip of country which is broken
in the middle and it contains a diversity of peoples. It is in fact
not a country, in the ordinary sense of the term, but a geographical
expression.
For this reason the territory is administered as an integral part
of Kigeria althougli it is not, and will not become, an integral part
of that country. Its size, situation and bipartite shape at present
preclude it from beiiig financially autonomous if the standard of
administratioii and development is to be maintained at a level
which would bc compatible with the due performance of the
obligations of trusteeship. The economic advantagcs which accrue
to such a territory as the Cameroons iinder British Mandate from
being administered as an integral part of its greater neighbour-
Nigeria-are indeed many and, by utilizing the resources of central
and departmental organizations of Nigeria, the mandatory Po\i.er
is able to offer advantages to the mandated area which it would be
impossible to offerto an areaunder an entirely separate organization."
8. In this way, the Government of the United Kiiigdom established,
to the satisfaction of the Permanent Mandates Commission and of the
Assembly of the League of Nations, the need for administering the Cam-
eroons in the manner which has been ~ ~ ~ ~ed~ Wi~hin this framework
tlie priiiiiplcoii irlii:li th,: nrliniiiiitr~t\\'asb;ist.cii..itlint of in,lirci:t
riili:. \i.Ii\i.;iirhc principle governing rlic~diiiiiii;rrntion of Si~:l.i3. ASSEXES TO THE COUh'TER->lEDlORIAL 101
Indirect rule involved the use of existing local political institutions
under the general authority and guidance of the government. The
object of this method of rule was to educate the local inhabitants "ta
manage their own affairs and to evolve from their own institutions a
mode of governement which shall cotiforrii to civilized standards"
l~ara. 214 of the Mandatorv Power's KeDort for 14241. But even in
&rrying out this policy the &agmeutary iiiture of thétékritory asserted
itself. The fifandatory Power commented:
"It need scarcely be said that the policy of indirect administration
can and must be applied in a variety of forms and degrees. The highly
organized state of Dikwa cannot be dealt with on the same lines
as the primitive hiil pagans who are still in a state of savagery. But
between these two estreines lie a iiumber of communities whose
administration calls for variety of treatment"(loc.cit.para. 218).
B. COKSTITUTION DAEVELOPDIENTS
g. The forni of administration of tlie Northern and Southern Camer-
oons was continued under the trusteeship, and for the same reasons. The
history of the political developments in the Northern Cameroons thus
continued to be linked closely to that of Nigeria.
IO.In 1947 a ne" Constitution for Nigeria took effect in replacement
of the esisting Constitution which had been promulgated in 1922. The
most significant new feature of the new constitution \vas its introduction
of a policy of regionalization, a policy which\vas to be the foundation
of subsequent Xigerian constitutions. Regional Houses of Assemhly
were established in Eastern, Western and Northern Nigeria witli a
special House of Chiefs for the Northern Region. The purpose of these
regional Houses of Assembly \vas to provide the link between the Central
Legislative Council and the Native Aiitlioritiesliich were in ch;lrge of
local goveriiment. blore than half theino of fimiembers of the Central
Legislative Council were eligible for elcction by the unofficial members
of the Regional Assemblies. The northern part of the Cameroons Trust
Territory \vas represented in the Northern Regional House of Assembly
and, in addition, the Emir of Uikwa was, as a first-class chieipso/acte
a member of the Xorthern Region House of Chiefs. The Southern
Cameroons was represented in tlie Eastern Region House of Assembly.
II. In 1949 a Commissioner of the Cameroons \vas appointed with
suecial res~onsibilities for administrationin the Southem Cameroons
jnd for tr;steeship affairs in the whole Territory. In subsequent years.
the Commissioner ap. .red at the Trusteeship Council to speak forthe
Territory.
The 1951ConstiltJion.
12. Extensive consultations took place in 1949 with a view to a
revision of the 1947 Constitution and the Tnist Temtory took a full
part, at al1 levels. in these consultations.1951 the new Constitiition
was introduced. At the centre there was to be a Council of hlinisters
and a House of Representatives, and in each of the three Regions
there ivere to be Houses of Assembly and, in the Northern and Western
Regions, Houses of Chiefs. The great majority of the members of the
House of Representatives and Houses of Assembly were elected, the102 XORTHERX CAMEROOSS
former by each of the Houses ofAssembly and the latter through electoral
colleges.There was equal representation for each Hegion on the Council
by a joint council of the Northem and West Regional Houses ofAssemblyl
male taxpayers took part in choosing the iiieiiibers of the electoral
colleges for theHouses of Assembly.
13. Under tlie 1951 Constitution, the Soutliern Cnmeroons sent rz
members to the new Eastern Housc of Assembly. One of the hlinisters
in the Council of Xlinisters of the Federation of Xigeria \vas also to be
selected froin inhabitants of the Southern Cameroons. Twenty-one
seats out of the total of gr in the Xorthern House of Assembly were
allotted to tlie provinces of which the Northern Cameroons formed part.
14. After the fint elections under the rgjr Constitution there tvere,
apart from the Southern Cameroons Minister in the central Council
of Afinisters,six members from the Southern Cameroons in the House of
Representatives aiid two from the Northern Cameroons. There were two
Southern Cameroons members in the Eastern Regional Executive
Council and 13 Soutliern Cameroons members in the Eastern House of
Assembly. There were three Northem Cameroons members in the Nor-
thern House of Assembly and one in the Northern House of Chiefs.
The 1954 Constitution.
15. In 1953 and rgjq intensive discussions were held as to a further
revision of the Nigerian Constitution and oii r October 1954 a new
Constitution came into effect. In implementation of the wisliesexpressed
by the representatives of the Cameroons, the northern part of the Trust
Territory continued to be administered as part of the Xorthern Region
of Xigeria. but the southern part of the Territory acquired the status of
a separate region within the new fully federal Constitution. The Southem
Cameroons thereafter had its omn Executive Council with officia1and
African elected members in eoual numbers and its own House of Assem-
1>1? ivitlnri ni.cr\\.liélniingnklorir!<iclcite<l ,\fricxi re1)rr+2nr.itivcc.
.\ ne\\. ~~ortf<ilf. r 'l'riistT<:iritoryaif,ii.3~crc.:itcdinrtif.\'ortlit,rn
l(,.ciuii Esc~iitivç Coiiiicilto he IiII\,;irenrescnt;iti\.uftlic iiurtlicrii
of the ~nist ~erritory. In April'r9ç5'a Consultative Committee
for the Northern Camcroons was formed to advise the Executive Council
of the Nortliern Region of Nigeria as to the particular interests of the
Northern Cameroons and to make recommendations to the Council.
The Committee Iiad 12 members and comprised those members of the
House of Chiefs, House of Representatives and House of Assembly
who represented the northern part of the Trust Territory together w!th
special members to serve areas not othenvise represented. At its meeting
in Xovember 1955 the Committee unanimously agreed that the part of
the Tmst Territory administered with the Northem Region should
remain part of the Northern Region and should in no circumstances be
amalgamated with the Southem Cameroons.
The1958Constitution.
16. A conference for the revision of the Nigerian Constitution was
held in the summer of 1957 .hanges were agreed which were ultimately
emhodied in a constitution which took effect in the following year. TheIO4 XORTHERX CAblEROOXS
conclusions as to the progress being made; it also made comments and
recommendations to help the Administering Authority in the future. To
read the reports of the Council Irom 1949onwards is to see the progress
made in the territory asthe Trusteeship Council saw it. Year aiter year
the Council was able to congratlilate the Administering Authority on the
progress being made, in particular in the field of political advancement.
'Theconstitutional development of Nigeria proceeded stead'ily stage by
stage and the particular needs of the Cameroons within the framework
of the Nigeria Constitution were conscientiously met under the watcliful
eye of the Trusteeship Council. From year to year, the Council advised
that this or that particular area of administration was deserving of
particular attention in the coming year. Thus, tlie Council and the
Administering Authority CO-operatedto bring the territory towards the
fulfilment of the objectives set iorth in Article 76 of the Charter of the
United Nations. Each year, the General Assembly of the United Nations
adopted the report of the Trusteeship Council recommending-to the
Trusteeship Council-that it should take into account the comments and
bly.estions made during the discussion of itsreport intheGenerd Assem-
21. The Trusteeship Council first discussed the Cameroons at its
Fourth Session in 1948.Its general conclusion on the political advance-
ment of the territory was as follows:
"The Council, concerned over the difficulty in pcrforming its
supervisory functions with respect to tlie Trust Territory, arising
from the fact that the Territory has been integrated for admini-
strative purposes into different administrative divisions and sub-
divisions oftlie British Protectorate of Nigeria ... recommends that,
pending a final solution of the question of these administrative
arrangements. the Administrative Authority reviewthesituation and
take steps or institute measures ...which willenable the Trusteeship
Council better to perform the duties and functions rested in it by
the Charter." (Trusteeship Council Report to the General Assembly,
Fourth Session, documeiit A/933, p. 8.)
22. The first Visiting Mission visited the trust territory on behalf of
the Trusteeship Council in 1949. Its report is included in the official
records of the Seventh Session of the Trusteeship Council as Supplement
No. z (T/798). The general observations of the Visiting Mission are as
follows:
"g~. On the general question of the administrative integration of
the Cameroons with Nigeria, the Missionappreciates the force of the
arguments on both sides. $\'ithout atteinpting to comment on or
evaluate the principle of this administrative association, which it
feels ought to be left to the Trusteeship Council, it found that the
sharp difference between the north and south, with its contrasting
culture, religion, race,language and general way of life, does not
fortify the argument of a total separation, from theadministrative
point of view, from the district with which they are now integrated.
92. The illissiondoes not view its dutyas including the evaluation
ofmerely theoreticalconsiderations, but considers that it isexpected
to report objectively on the basis of facts. Everything the Mission
has seen went to confirm the fact that, with the contrast between ANNEXES TO THE COUKTER-MEXORIAL Io5
the north, apart from the very numerous pagan population, and the
south of the Trust Territow, the north is nearer and more allied to
the Northern Province of gigeria in its religion, race, culture and
language. In the case of Adamawa it is impossible to draw the line
or to differentiate between the two since the same people live in
both reeions. headed bv the same chief. Therefore. the north ofthe
-
of the Tmst Territory."
23. The Trusteeship Council in its report on its Sixth and Seventh
Sessions adopted on ZI July 1950 (Report to General Assembly, Fifth
Session A11306)decided (p. 35):
"that the auestion of the administrative intemation with Nie"ria
.slt:~llc;nc~dcrc,l,:IIIIt11y1%cc:,ir!,rec~~~t~n~~.~i l~Ini~tilc~lt~~
IICO~IIV, IIUI\vit11thc JI.(.LI,.II>tilic cen~,r:tltiur<t1aIl01:idtiitnt-
strative unions in accordance with Gëneral Aisemblv resolution
326 (IV)" (Annex V (8)).
24. The Trusteeship Council had in its resolution 129 (VI) (Annex V
(46)) of 31 hlarch 1950 requested the Committee on Administrative
Unions-
"to continue the study of questions arising in connection with cus-
toms, fiscal and administrative unions of federations and common
services involving Trust Territories".
In its report annexed to the last-mentioned report of the Trusteeship
Council, the Committee on Administrative Unions discussed the ad~iijni-
strative union of relations between the Cameroons under British admini-
stration and Nigeria. The Corrimittee took note of the views of the first
Visiting Mission and of the Administering Authority and concluded
(para. 8 on p. 193 of the report referred to):
"The Committee ... notes the following facts:
(a) In view of the geographical configuration and the ethnical
composition of the population, it was the intention of the
United Kin~dom Government since the establishment of the
Mandate in-1922 to administer, and de facto and de jure it
administered, the Cameroons as part of the adjacent areas of
the Protectorate of Nigeria.
(b) The Permanent Mandates Commission stated 'that measure of
administrative incorporation adopted by the Mandatory Power
in accordance with the provisions of Article 9 of the Mandate
might be the best to ensure good administration and conse-
quently the well-being of the population'.
(c) The administrative integration thus established and constitu-
tionally deriving from the Nigeria (protectorate and Cameroons)
Order in Council, 1946, represents a complete amalgamation
with a common administrative, legislative and judicial system
and services.
(d) The full amalgamation of the Trust Territory in the adjacept
areas of the Protectorate of Nigeria with a common adminis- trative, executive,customs, fiscal,legislative and judicial system
and sevices has the character of a political union."
The Comrnittee then considered the situation in the Cameroons in the
light of paragraph I of General hsembly resolution 326 (IV) (Annex V
(8)). Its conclusions were as follows:
"(.). Notin~.,hat the cliaracter of the administrative arrangement-
w:ij ritic:red I)y tlie fragmentary iiatiirc of th<:I'erritory, tlic
corif.jiur;itionof llic 1;iiid.;ilid thé~rliiiicaitiiiititij . .tlic ~)cuplr.;
(2) Noting that according to Article 5 (a) of the Trusteeship
Agreement, the Administering Authority 'shallbavefull powers
of legislation, administration and jurisdiction in the territory
and shall administer it in c~ccordancewith "its" own laws asan
integral part of its territory with such modification as may be
required by local conditions and subject to the provisions of the
United Nations Charter, andof"the Trusteeship Agreement" ';
(3) of the operative part of General Assembly resolution 326 (IV) I
(Annex V (8)) are inapplicable, and feels that the existing
arrangements are not disndvantageous to the Territory, but
that they deserve nevertheless the constant attention of the
Council:
~.. Ex~.esses the houe that the Ad~ini~terin~ ~ ~huritv-
(a) Wiii inform the Council of any change which may be contem-
plated with regar. to the existinf: administrative arrange-
ments:
other data relatin- tÔtlie 'Sruit Territorv. .
(r, \\'IIIwitli rcg:ir(l Io iii:,trers perr.iining rli* .~iinliniitr.~ti\~e
arr:,ng?iiit.iir; .itfectiiig rlic 'l'riijt Tcrritory, ssni10utnke
iiito .i~coiiiittlie fréelyi:sprc;j<.<l\r.i;lof; Ili ~iili:ii>it.l"ili
The Tmsteeship Council at its Seventh Session in 1950 considered and
adopted the report ofthe CommitteeonAdministrative Unions, including
the conclusions referred to above.
zj. Asrequested by resolution 420 (S) (Annes V (jr)) ofthe Trusteeship
Council of 28 February 1952 the Committee on Administrative Unions
drew up a special report "containing a complete analysis of each of the
administrative unions to whicli a Trust Territory is a party" with
special reference to paragraph I of resolution 326 (IV) (Annes V (8))
of the General Assembly and to "the compatibility of the arrangements
already made with the provisions of the Charter of the United Xations
and the Tmsteeship Agreement, as well as with the interests of the Trust
Territorv concerned". The truste es hi^ Council ado~ted the report
at its 4&th meeting on 23 Jnly 1952. 'fhe conclusions if the reports so
far as it concerned the Cameroons under United Kingdom tmstee-hip
were as follows:
"...[The Committee] is of tlie opinion that the present adminis-
trative arrangements for the Cameroons, although prejudicing ASSEXES TO THE COUXTER-3IEAlORIAL IO7
nerhans the nroaressive develonment of the temitorv towards a
;eparâte indCpedent status, a;e nevertheless condicive to the
attainment of the objectives as set forth in Article 76 of the Charter
and are capable of accelerating the progressive development of the
territory towards self-governmentwithin the wider framework of
the political future of Nigeria;
z. 1s further of the o~inion that the Administerinz Authoritv
sli~,i~Icl~~~itiiitu nrry C,IIIits c~I~liq:itio~itis~idxrtl~cYlrust~~.4iip
:\grt.t:nicnt;~iirtlilt,1i1tt1III<:iccly isprci>:d i~ijlicsof tlic ~>~~uples
iiiriccor~l:incc\vit11.\rticlc 76 uf tlic Cti:trrcr. tliç opcrntisii of tlceed
II~CXIIIa~liiiiiii~rri untun itiiiitbe kclit iiiidci coiijrant rc\.ic\\.."
The (:uiiiriiittee un r\~l~~ii~iistrtiv Cnioiii \in3 aurh~rized tiy fiirtlicr
'I'riijtr.<.r-li~oiiiicil r<:soliitioiistu soiitiriue its-rerular çsniniii;itioii of
each administrative union.
26. At its Sixteenth Session, in July Iggj, the Trusteeship Council.
after consideration of a further renort from the Committee on Admiiiis-
trative Unions (T/L 592). adopted the following conclusions which were
transmitted in its report (A/n933) to the General Assenibly (p. 145):
"The Trusteeship Council, having regard to tlie geographical,
ethnical and cultural situation in the Cameroons under British
administration aricl takiiig note of the new arrangements which
were made after consiiltation with representatives of the people
of the Trust Territory. is of the opinion that these arrangements,
although they may prejudice the progressive developmeiit of the
trust territory towards a separate independent status as a whole,
nevertheless represent a ne\\. and important step towards the
attainment of the objectives as set forth in Article 76 of the Charter
and mark a significant advarice, especially forthe Soutliern Came-
roons, in tlie establishment of self-goreming institutions mithin
the wider framework of the Federation of Sigeria."
27. In subsequent reports, tliere is no evidence that tlie Trusteeship
Council did not consider the question of the form which the administra-
tion of the Cameroons under Uiiited Kingdom trusteeship \$!astaking to
be a closed question as regards its compatibility with the general obli-
gations of trusteeship.
28. In its report to the Fourteenth Session of the General Assembly
(A/41oo) adopted on 4 August 1959. the Trusteeship Couiicil began its
general description of the constitutional position in the Cameroons as
follows (para. z on p. 88) :
"The present Constitution of the Federation of Nigeria, which
by virtue of Article j of the Tnisteeship Agreement is also the
Constitution of the Trust Territory ..."
In its report to the Fifteenth Session of the General Assembly (r\/4404)
adopted on 30 ,lune 1960, the Trusteeship Council began its general
comments on political advancement with the follo\vingsentence (para. 2
0" P. 99):
"The Trust Territory has been administered in accordance with
the Trusteeship Agreement as an integral part of Nigeria."108 KORTHERX CA~~EROOKS
D. DETERMIXIX CHE FUTURE OF THE TRUSTTERHITORY
zg. At the 1957 Constitutional Conference, the British Colonial
Secretary said that before Nigeria became independent the people of
the north and south sectors of the Cameroons would have to say freely
wliat their wishes were as to their own future. Atthe 1958Constitutional
Conference, the British Government announced that independence
would be granted to the Federation of Nigeria on I October 1960 if
the Federal House of Representatives due to be elected at the end of
1959 so requested. The decision having been taken that the Federation
of Nigeria ivould become independent on I October 1960, the question
of the future of the Trust Territory became a matter of soiiie urgency.
Tlie United Xations Visiting Missiontothe Territory in 1958was charged
by the Trusteeship Council to iiiclude in its report its views on the
metliod of consultation which should be adopted for the people of the
territory to express their views concerning its future. The views of the
Mission were that. if no ae-eement emereed in the House of Assemblv
cIccti:diiJ:iriii-iry i~~~<)ioiiicirilicfiitUicorlicSuiitlicriiC;.iiit.r(oiii.
R pl~l11sciiiii~glilivnccci;:ir!.. In r-lnriototlic Surtl.viii C:iiiicro~nj.
the \Iiision rhoiiclir thnt the vie\i.i of tlicAi,c\icrc s~ clmr tliat nu
furtber consultatyon would he required.
30. Nevertheless, the General Assembly of the United Nations in its
resolution 1350 (XIII) (Annes V (34)) of 13 3Iarch 1959 recommended
that:
"The Administering Authority in pursuance of Article 76 b of
the Charter of the United Nations take steps in collaboration witli
the United Xations Plebiscite Commissioner to organize, under the
supervision of the United Nations, separate plebiscites in the north-
ern and southern Darts of the Cameroons under United Kingdom
administration, in *orderto ascertain the wishes of the inhabzants
of the Territory concerning their future."
31. The General Assembly recommended that the plebiscite should
take place about the middle of November 1959 and that the people
of the northern part of the territory should be asked:
"(a) Do you wish the Xorthern Cameroons to be part of the
Xorthern Region of Xigena when the Federation of Xigeria
becomes independent?or,
(b) Are yon in favour of deciding the future of the Northern
Cameroons at a later date?"
The General Assembly recommended further that the plehiscite should
be conducted on the basis of the electoral register then heing compiled
for the elections to the Nigerian Federal House of Representatives.
32. An Order of Her hlajesty in Council of 28 July 1959-the Nigeria
(Northern Cameroons Plebiscite) Order-made certain provisions in
relation to the plehiscite. The Order provided that every person whose
name was included in a register of voters prepared under regulations
made under Article 5 of the Nigeria (Electoral Provisions) Order, rgg8.
in respect of any area that constituted a District and who was entitled
unde; such regdations to vote for the purpose of returning a member
to the House of Representatives of the Federation of Nigeria, should be AXNEXES TO THE COUSTER-AIEAIORIAL 109
entitled (in that part of the area in which he was registered as being
entitled to vote) to cast a vote in favour of one or other of the alterna-
tives specified in the Order. In fact, 129,549 persons were registered as
electors for the Nigerian Federal House and tlierefore as those having
a right to vote in the plebiscite. In the Nortliern Region of Nigeria,
with which the Xorthern Cameroons was adniinistered,only male perçons
had the right to vote.
33. In accordancc with the Order, the Governor-General of Nigeria
appointed 7 November 1959 as the day for holding the plebiscite. The
preparations for the plebiscite aiid its actual carrying outare summed up
in the report of the United Xations Plebiscite Commissioner, Dr. Abdoh
(United Nations Document T/I~~I, dated 25 November 1959). 113.859
oftthe total number of persons registered in the federal electoral register
voted. 70.546 chose the second alternative; 42,788 favoured the first
62 per cent. of the total votes were cast in favour of the second alter-
native, i.e. a decision of the people to choose their future at a later date.
34. In his report of 25 Novemher 1951)~ the Plebiscite Commissioner
said that he was satisfied that the plebiscite w:~sorganized and con-
ducted by the Aclministering Authority witti eficiency and impartiality
in accordance with the lnws and regulationspromulgated forthe purpose
and that it \vas lield in an atmosphere of frecdom.
35. On 12 Decemher 1959 the General Assembly hy resolution 1473
(XIV) (Aiinex V (38))noted that the United Nations Plebiscite Commis-
sioner was satisfied that the plebiscite was conducted in a fair and
impartial manner. It recommeiided that the Administering Authority
in pursuance of Article 76 b of the Charter of the United Nations and
in consultation with the United Kations Plebiscite Commissionershould
organize under United Nations supervision a further plebiscite in the
Northern Cameroons during the period 30 September 1960to 31 March
1961, and that the two questions should bc:
"(a) Do you wish to achieve independenccby joining the independ-
ent Republic of the Cnmeroons?
(b) Do you wish to achieve independence by joining the independ-
ent Fetleration of Xigeria?"
The General Assembly recommended further that the plebiscite in the
Xorthern Cameroons be conducted on the basis of universal adult suf-
frage, al1those over the age of21 and ordinarily resident in the Xorthern
Cameroons being qualified to cote.
36. Tt should be noted that by resolution 1352 (XIV) (Annex V (35))
of 16 October 1959 the General Assembly had recommended that the
same questions should be put to the people of the Southern Cameroons.
37. Following the 1959 plebiscite in the Northern Cameroons, the
Government of the Northern Region of Nigeria immediately appointed
a committee to investigate the local government matters which the
United Nations Plebiscite Commissioner had commented on as bejng
a factor in the plebiscite result. The United Kingdom representatlve
reported to the May 1960 session of the Trusteeship Council that the
local government institutions in the Northerii Cameroons had already110 SORTHERS CAMEROONS
been reoreanized. so as to senarate them from the local eovernment
organizati& of tlie Northerk Region of Nigeria. Xativg Authority
Councils (to be com~osed of members elected from District Councils,
themselvès elected b; secret ballot) were to be set un and Ilistrict heads
appointed in consuifation with tke District Counçils and the Native
Autliority Council. In this \v:ty, the geographical constitution of the
Native Authoritieswas reorganized, and at the same time the Authorities
tliemselves were democratized. Elections by secret ballot based on adult
male suffrage were held as planned for the new District and Town
Councils in the middle of 1960.
38. Ne\rertheless, at tliat session of the Trnsteeship Council the
French representative, speaking on behalf of the Republic of Cameroon
(which became independent on I January 1960, but which had not yet
been admitted as a member of the United Xations), made cornplaints
regarding the slowness and inadequacy of the reforms introduced by
tlie United Kingdom Governmeiit.
39. On 31 May 1960,by resolution 2013 (XXVI) (Aniiex V (63)), tlie
Trusteeship Council requested tlie Adrniriisteriiig Autliority "to take
appropriate steps in consultation with the authorities concerned, to
ensure that the people of the Trust Territory are fully informed, before
tlie plebiscites, of the constitutional arrangements that would have to
be made, at the appropriatetime. for the implementation of the decisions
taken at the plebiscites".
40. The United Kingdom Government was at this time seeking to
clarify tlie meaning of the two questions to be put tothe people of both
sections of the territory. At constitutional disciissions held with repre-
sentatives of the Federation of Nigeria in London, in hlay 1960, the
Nieerian renresentatives had reiterated their offer that the Southern
of tliis offer \gere &el1kiown inthe t\;o parts of tlie ~&st Territory,
since they were, of course, the basis of the administration of the territory
at th:it time. The implications of either part of the territory joining
the Republic of Cameroon were less clear. but a series of discussions \vas
held between the President and Ilinisters of the Republic of Cameroon
and the Premier and other Ministers of the Southern Cameroons in order
to elucidate the implications of the choice of joining the Republic of
Cameroon. These discussions took place at intervals throughout 1960.
41. At a meeting in October 1960, both a resolution and an outline
of the draft proposa1 of a Constitution in the event of unification were
adopted and signed by tlie President and the Prime Minister of the
Republic and the Premier of the Southern Cameroons.
42. On 20 September 1960 the Republic of Cameroon haà become a
Member of the United Nations. On I October 1960 Nigeria became
independent and on 7 October 1960 became a Afember of the United
Nations.
43. On I October 1960.consequent upon the separation of tlie Xorth-
ern and Sonthem Cameroons from Xigeria. Orders in Council came into
effect establishing a Constitution for the Southern Cameroons and pro-
viding for the administration of the Northern Cameroons as a separate ASSEXES TO THE COUXTER->IEAlORIAL III
entity. Under the relevant Order in Council the Officeof Administrator
of the Xorthem Cameroons was established. This officer \vas whollv
independent of the Nigerian Governments and directly responsible &
the Secretary of State for the Colonies in London. At the same time.
the memberç from the Northern Cameroons who had up to that date
sat in the Federal Nigerian and Northern Region legislatures, ceased
so to sit. For the short periodring which the Northern Cameroons was
to remain a separüte entity, it \vould have been quite impossible to
recruit staff cither from the United Kingdom or elsewhere to carry
on tlie administration of the Trust l'crritory or to fulfil the many
specialized services which had been provided by departments of tlie
Northern Region and Federal Nigerian Governments. Arrangements
were thereforemade with these eovernments for the servicesof aoA.oo.i-
ate officers to be supplied to tge Administrator, but the officers were
responsible to the Administrator durinc the time thev were in the
X&thern Cameroons. Among the services so provided were police, but
the police contingent in the Northern Cameroons was for operational
purposes fully under the control of the t\dministrator. The administra-
tion of the police force was esamined in detail by the United Xations
Plebiscite Commissioner and his comments are contained in paragraphs
424 to 436 of his report. A budget \vas prepared for the Xorthern Camer-
oons which had not previously had a separate budget of its own and in
so far as revenues accruing to the territory were insufficient to meet
expenditure (including payments to Nigeria for the services mentioned
above) the deficiency \vas met by the United Kingdom Government
itself.
44. During October ~gGothe Sccret:iry of State for the Colonies
Iield discussions in London with the Government, the Opposition and
other representatives of the Southern Cameroons in which the principal
question discussed wns the implications of the choice for joining the
Cameroon Republic. The Secretary of State expressed, on behalf of
the British Government. tlie view that if the olebiscite went in favoiir
of the Cameroon R.epublic arrangements wokd have to be made for
the earlv termination of Trusteeship and the transfer of soverei-.ty to
the Republic.
45. In December 1960 the Premier of the Southern Cameroons again
met with the President of the Cameroon Republic and after this meeting
they issued a communiqué in which they endorsed the Secretary of
State's interpretation of the consequences of there being a majority in
favour of joining the Cameroon Republic, but deeply regretted that
representatives from the Northern Cameroons were not invited to take
part at the conference.
46. At the beeinnine of December 1060. the United Nations Plebis-
Sioner that They were satisfied that the terms on which the temtory
would join Nigeria were clearly set out. In regard tothe choice of joining
the Republic of the Cameroon, the British Ambassador in Iraound.+had
atternpted to obtain from the Government of the Republic clarification
of what the result of such a choice would be. but it had not then been
possible to amve at a precise iinderstanding of their views. The British112 SORTHERS CADIEROOSS
Government had, however, recently indicated to the President of the
Kepublic that it would be necessary, in the event of the choice favouring
joining the Kepublic of Cameroon, for the Government of that country
to take over functions of various staffs in the Northern Cameroons and
they had asked the President what should be said to the people of,the
territory about the readiness of his Government to appoint autliorities
and what date this might be done. They had expressed their willingness
to see discussions arrûnged between the President of the Kepublic and
representatives of the protagoriists of unification witli ,the Republic,
for the purpose of exploring further the terms on which unification
might be arranged.
47. The President of the Republic and the Premier of the Southern
Cameroons at tlieir meeting in October 1960 had said that tlrey hoped
that the Northerii Cameroons would be able to enter into a Federation
to be created in tlie event of the Southern Cameroons uniting with the
Kepublic of Cameroon. Tliey had further stated tliat. in the event of
the Southern and Northern Cameroons voting in favour of unification
with the Kepublic, those entrusted with the responsibilities of tlie
aHairs of the unified Cameroons would, by mutual agreement, specify
the manner in which the population of the Cameroons would be asked
to express their opinion on the Federal Constitution.
46. During this Period, registration for voting had beeii going on,
and the people were being enlightened as to tlie nature of the plebiscite
and as tothe choices before theni. In accordance with General Asscmhly
resolutiou 1473 (XIV) (Annes V (38))of 12 December 1959,and'1"ustee-
ship Council resolutiori 2013 (XXVI) (Annex V (63)) of 31 May 1960,
the plebiscite wns lield on II Fehruary 1961, in both the Nortliern and
Southern Cameroons and additioiially on 12 Fehruary 1961, in the
Northern Cameroons.
49. In the Southern Cameroons, 97,741 people voted for joining
Xigeria and 233,571 for tlie unioii with the Republic of Caineroon.
50. In the Xortbern Cameroons. 146,296 people voted in fa\roirr of
joining Nigeria and 97,659in favour ofjoining the Republic of Cameroon.
51. In his report (T/15j6 dated 3 April 1961) to the Trusteeship
Council. the United Xations Plebiscite Commissioner said in respect
of the Southern Cameroons:
"1 am satisfied tha~ ~~ ~ ~ ~leof the Southern Carneroons had
the opportunity to exPressrth& wishes freely and secretly at the
polls concerning the alternatives offered in the plebiscite..."
Later the report skited:
"While the mûjority of the people may not liave,g~sped the
detailed implications of the alternatives at the plebrsciJe, it can
confidently be said that they were aware that the decision they
were called upon to make meant joining one or the other of tlie two
neighbouring countries."
In regard to the Northern Cnmeroons, he said:
'...although the majority of the people of the Northern Camer-
oons may not havegrasped the intricate and complex constitutional
implications of the two alternatives,they were aware, nevertheless, ANNEXES TO THE COUNTER-MEMORIAL II3
that the decision they were called upon to make at the plebiscite
meant joiiiiiig one or other of the two neiglibouring countrie...
The plebiscite was efficiently organized and conducted by the
Administering Authority in accordance with the legislation pro-
mulgated for the purpose. In spite of the defects and weaknesses
inherent in the situation prevailing in the Northern Cameroons,
1 am satisfied that the people had the opportunity to express their
wislies freely and secretly at the polls concerning the alternatives
offered in the plebiscite."
52. At the end of Mdrch 1961 the Cameroon Government distributed
a White Paper, setting out their complaints in regard to the plebiscite.
In this, they renewed the complaints which had been made by the
French Delegation before the General Assembly in May 1~60. about the
lack of effective separation of the territory from Nigeria and criticized
'the predoininance of Nigerian officials, and in particular the presence
of the Resident in the Northern Cameroons. Thev com~iained about the
qualifications for voting, and of ill-treatment of~~or{ers of the Repub-
lic as well as complainin- in various ways about the coriduct of the poll.
53. On IO April 1961 the United Kingdom representative on the
Fourth Committee of the General Assembly wrote to the Chairman of
the Committee enclosing United Kingdom comments on the pamphlet
circulated by the Republic of Cameroon. On the same day, the Trustee-
ship Council by resolution zror (S-XI) (Annex V (65))took note of the
report of the United Nations Plebiscite Commissioner and forwarded
it to the General Assembly.
54. Notwithstanding these complaints by the Republic of Cameroon.
and after consideration of their validity. the Fourth Committee of the
General Assembly adopted a resolution (document A/4737) by 59 votes
to z with g abstentions, on zo April 1961. Further, on 21 April1y61, the
General Assembly passed by 64 votes to 23 with 13 abstentions rcsolu-
tion 1608 (XV) (Annex V (40)). This resolution endorsed the results
of the plebiscites; considered that the people of the two parts of the
tcrritory had frecly and secretly expressed their wishes with regard to
their respective futures in accordance with previous General Assembly
resolntions on the subject; and decided that the Trusteeship Agreement
of 13 December 1946 concerning the Cameroons under United Kingdom
administration should be terminated with respect to the Northern
Cameroons on r June 1961. ,
55. On I June 1961 the Northern Cameroons joined Nigeria as a
province in the Northern Region.
56. In regard to the Southerii Cameroons, the United Kingdom
Govemment had immediately afterthe plebiscite indicated to the Govern-
ment of the Republic of Cameroon its opinion that it was desirable
to carry fonvard as quickly as possible discussions in relation tQ
the arrangements for the unification of the Southern Cameroons and
the Republic. Numerous discussions were held bctween the time of the
plebiscite and the General Assembly's decision on the matter and the
date of I October 1961. which had been fixed by the General Assembly
as the date fortermiiiation of Trusteeship. As a result of these discussions
the former Trust Territory joined with the Republic of Cameroon in
a federalform of Government on I October 1961. SORTHERS CAMEROOSS
Annex 1V
Mandate conferred on His Britamic Majesty in respect
of the Cameroons
The Council of the League of Nations :
Whereas by Article 119 of the Treaty of Peace with Germany signed
at Versailles on 28 June 19x9, Germany renounced in favour of the
Principal Allied and Associated Powers al1 her rights over her oversea
possessions, including therein tlie Cameroons; and
Whereas the Princioal Allied and Associated Powers aereed that the
Governments of Fraice and Great Britain should make; joint recom-
mendation tothe Lea~u- of Nations as tothe future of the said territorv;
and
\\'hereas the Governments of France and Great Britain have made
a joint recommendation to the Council of the League of Xations that
a mandate to administer in accordance with Article 22 of the Covenant
of the Leaye of Xations that part of the Cameroons lying to the west of
the line agreed upon in theIleclaration ofIOJuly 1919 ,nnexed hereto,
referred to in Articl1,should be conferred upon His Britannic Majesty;
and
Whereas the Governments of France and Great Britain have proposed
that the mandate should be formulated in the following terms; and
Whereas His Britannic hlnjesty has agreed to accept the mandate in
respect of thesaid territory, aiid has undertaken to exercise it on belialf
of the League of Nations iii accordance with the following provisions:
Confirming the said mandate, defines its terms as follows:
The territory for which a mandate is conferred upon His Britannic
Majesty comprises that part of the Cameroons which lies to the west of
the line laid dom in the Declaration signeù onro July rgrg, of ~vhicha
copy is annexed hereto.
This liiie may, however, be slightly modified by mutual agreement
between His Britannic Afajesty's Govemment and the Government of
the French Republic where an examination of the localities shows that
itis undesirable, either in the interests of the inhabitants or by reason
of any inaccuracies in the map, hIoisel I : 300,000, annexed to the
Declaration, to adliere strictly to the line laid down therein.
The delimitation on tlie spotof this line shallbe carried out in accord-
ance with the provisions of the said Declaration.
The final report oftlie hlixed Commission shaU give the exact descrip-
tion of the boundary line as traced on the spot; maps signed by the
Commissioners shall be annexed to the report. This report with, ltS
annexes shall be drain ~ipin triplicate: one of these shall be deposite?
in the archives of the League of Nations, one shall be kept by His
Britannic Majesty's Go\rernment, and one by the Government of the
French Republic. ANNEXES TO THE COUNTER-DIEMORIAL II5
The Mandatory shall be responsible for the peace, order and good
government of the territory, and for the promotion to the utmost of the
material and moral well-being and the social progress of its inhabitants.
The Rlandatory shall not establish in the territory any military or
naval bases, nor erect any fortifications, nor organize any native military
force except for local police purposes aiid forthe defenceof the terntory.
ARTICLE 4
The Mandatory :
(1)shall provide for the eventual emancipation of al1slaves, and for as
speedy an elimination of ùomestic and other slavery as social condi-
tions will allow:
(2)shall suppress al1forms of slave trade;
. . . .
(3) shall prohibit al1 forms of forced or compulsory labour, except for
essentialpublicworks and services,and then onlyinreturnforadequate
remuneration;
(4) shall protect the natives from abuse and measures of frmd and force
hy the careful supervision of labour contracts and the recmiting of
labour;
(5) shall exercise a strict control over the traffic in arms and ammunition
and the sale of spirituous liquors.
In the framing of laws relating to the holding or transfer of land, the
Mandatory shall take into consideration native laws and customs, and
shallrespect the rights andsafeguardtheinterestsof thenative population.
No native land may be transferred, except between natives, without the
previous consent of,the public authonties, and no real rights over native
consent. favour of non-natives may be created except with the same
The Mandatory shall promulgate strict regulations against usury.
ARTICLE 6
The Mandatory shall secure to al1nationals of States Membersof the
League of Nations the same nghts asare enjoyed inthe territo~y by his
own nationalsin respect of entryinto and residence in the terr?tory, the
protection afforded to their person and property, and acquisition of
property, movable and immovable, and the exercise of their profession
or trade, subject only to the requirements of public order, and on condi-
tion of compliance with the lacal law.
Further, the Mandatory shall ensure to all nationals of States Members
of the League of Nations on the same footing as to his own nationals,
freedom of transit and navigation, and complete economic, commercial
and industnal equality; except that the Mandatory shall be free to
organize essential public works and serviceson such terms and conditions
as he thinks just.
9116 NORTHERN CAMEROONS
Concessions for the cIe\.elopmcntof the naturd resources of the tcrri-
ter!. slia11be gr;iiitecl by the .\lsndatory \vithout dijtin~tion on grounds
of natiun:ility between the nationals of a11States Xlembcrsof the I.eaguc
of Sations. hut on such coiidirions a\\,ilmsintain intact tliz :iiithority
of the lur:il Government.
Concessionshaving the character of a general monopoly shall not be
granted. This provision does not affect the right of the Mandatory
to create monopolies of a purely fiscal character in the interest of the
temtorv under mandateand in order to ~rovide the territorv with fiscal
rvsouric \i.tiicIi5ccnibejt suiteclto tlie local re<]uircnients,or. in ccrtain
cnsci, ro cnrry oiit thc dcvelupriieiit uf ii;itiir;~lr<.coiircescitlier dircctly
b\. tlic Statc or bva controlled Iricnct.. i>rovi<ledrhnt there shnll result
therefrom no .mofiopoly of the naturai ;esources for the benefit of the
Alandatory or his nationals, directly or indirectly, nor any preferential
advanta~e which shall be inconsistent with the economic. commercial
:ind iiidi;stri;<lc~lii:ilityIiereinbeforc gu;irnnteed.
The rights conferred by this article <?stcridequally to conipanies and
associations organized in accordance \i,itli the la\\,of any of the .\lembers
of the League of Sations. subject only to the rrqiiirements of puhlic order.
ancl on condition of compliance witli the local law.
The Mandatory shall ensure in the territory complete freedom of
conscience and the free exercise of al1forms of worship which are con-
sonant with public order and morality; missionaries who are nationals
of States hlembers of the League of Nations shall be free to enter the
territory and to travel and reside therein, toacquireandpossessproperty,
to erect religious buildings and to open schoolsthroughout the territory;
it being understood, however, that the Mandatory shall have the right
to exercisesuch control as may be necessary for the maintenance ofpublic
order and good goxlernment, and to take al1 measures required for such
control.
ARTICL8 E
The Mandatory shall apply to the territory any general international
conventions applicable to his contiguous territory.
ARTICL9 E
The Alandatory shall have full powers ofadministration and legislation
in the area subject to the mandate. This area shall be administered in
accordance with the laws of the Mandatory as an integral part of his
territory and subject to the above provisions.
The Rlandatory shall therefore be at liberty to apply his laws to the
territory subject to the mandate, with such modifications as may be
required by local conditions, and to constitute the territory into a
customs, fiscal, or administrative union or federation with the adjacent
territones under his sovereignty or control, provided always that the
measures adopted to that end do not infringe the provisions of this
mandate.
ARTICL O
The 31andatorv sliall make to tlie Counril of th,: 1.enfiof Sntions an
ariiiii:~lrrpurt to the satisfaction uf tlie Council This report shall contain ANNEXES TO THE COUNTER-AIEDIORIAL II7
full information concerning the measures taken to apply the provisions
of this mandate.
ARTICLE II
The consent of the Council of the League of Nations is required for
any modification of the terms of the present mandate.
The Mandatory agrees that, if any dispute whatever should arise
between the Mandatory and another Member of the League of Nations
relating to the interpretation or the application of the provisions of the
mandate, such dispute, if it cannot be settled by negotiation, shall be
submitted to the Permanent Court of International Justice provided
for by Article 14 of the Covenant of the League of Nations.
The present instrument shall be deposited in original in the archives of
the League of Nations. Certified copies shall be forwarded by the Secre-
tary-General of the League of Nations to al1 hlembers of the League.
Done at London, the twentieth day ofJuly one thousand nine hundred
and twenty-two.
Cameroons-Franco-British Declaration
The undersigned:
Viscount MILNER.Secretarv of State for the Colonies of the British
Empire,
M. Henw SIMON,Minister for the Colonies of the French Republic,
have agreed to determine the frontier, separating the territories of the.
Cameroons, placed respectively under the authority of their Govem-
ments, as it is traced on the map, Moisel I : 300,000, annexed to the
present Declaration', and defined in the description in three articles also
annexed hereto.
(Signed) MILNER
Henry SIMON.
London, IO July 1919.
DESCR~PTIO ONF THE FRANCO-BRITISFH KONTIER ~~ARKED ON MOISEL'S
MAP OF THE CAMBHOON SC,ALE 1 :300,000
ArticleI
The frontier will start from the meeting-point of the three old British,
French and German frontiers situated in Lake Chad in latitude13" oj'N.
and in approximately longitude 14"05' E. of Greenwich.
Thence the frontier will be determined as follows:
(1) A straight line to the mouth of the Ebeji;
'Annexed only to theoriginalsigneDeclaration11s SORTHERN CAhlEROOSS
(2) Thence the courseof the River Ebeji, which upstream is named the
Lewejil, Labejed, Ngalarem, Lebeit and Ngada respectively, to the
confluence of the Rivers Kalia and Lehaiit;
(3) Thence tlie course of the River Kalia, or Ame, toits confluencewith
tlie River Dorma, or Kutelaha;
(4) Thence the course of the latter, which upstream is named the
Amjumba, the village of \\'orna and its outskirts remaining to
France ;
(5) From thepoint wherethe River Ainjumba losesitself in a swamp, the
boundary will followthe medium line of thisswamp so as to rejoin
the watercourse, whichappears to be the continuation of the Amjum-
ba and which upstream is named Serahadja, Golnwa and Mudukwa
respectively, the village of Uagisa remaining to Great Britain;
(6) Thence this watercourse to its confluence with the RiverGatagule;
(7) of the Yedseram on the west and the basins of the Mudukwa andofn
the Benue on the east; thence this watershed to Mount hfulikia;
(8) Thence a line to the source of the Tsikakiri to be fixedon the ground
so as to leave the village of Dumo to France;
(9) Thence the course ofthe Tsikakiri to its confluencewith the MaoTiel
near the group of villages of Luga:
(IO) Thence the course of the Mao Tiel to its confluence with the River
Benue;
(II) Thence the course of the Benue upstream to its confluencewith the
Faro ;
(12) Thence the courseofthe Faro to the moutli ofitsarm, theMao Hesso,
situated about 4 kilometres south of Chikito;
(13) Thence the course of the MaoHesso to boundary pillar No. 6 on the
old British-German frontier;
(14) Thence a straight line ta the old boundary pillar No. 7;andthencea
straight line to the old boundary pillar No. 8;
(15) Thence a line south-westwards reaching the watershed between the
Benue on the north-west and the Faro on the south-east, ?hich it
follows to a point on the Hossere Banglang, about I kilometre
south of the source of the Mao Kordo;
(16) Thence a line to the confluence of the Mao Xgonga and the, Mao
Deo, to be fixed on the ground, so as to leave to France the village
of Laro as well as the road from Bare to Fort Lamy;
(17) Thence the course of the Mao Deo toits confluence with the ~iba;
(18) Tussa respectively, toits confluencewith a watercourse flowingfrom
the west and situated about 12 kilometres south-west to Kontscha:
(19) Thence a line running generally south-west to reach the summit of
the Dutschi-Djombi;
(20) Thence the watershed between the basins of the Taraba on the West
and the Mao Deo on the east to a point on the Tchape Hills. about
z kilometres north-west of the Tchape Pass (point 1541); ANSEXES TO THE COUSTER-JIEAfORIAL
119
(21) Thence a line tothe Gorulde Hills. so as to leave the road from Uare
to Fort Lamy about 2kilometres to the east;
(22) Thence successively the watershed between the Gamgam and the
Jim, the main watershed between the hasins of the Bcnue and the
Sanaga, and the waterslied between the Kokumhahun and the
Ardo (Ntuli) to Hossere Jadji;
(23) Thence a line to reach the source of the River Nafu;
(24) Thence the River Mafu to its coiifluence with the River hlabe;
(25) Thence the River Ilabe, or Nsang, upstream toits junction with the
tribal boundary between Bansso and Bamum;
(26) Thence a lirieto the confluenceof tlie Rivers AIpandand Xun, to be
fixed on the ground, so as to leave the country of Bansso to Great
Britain and tliat of Bamum to France;
(27) Thence the River Nun to its confluence witli the River Tantam;
(28) Thence the Tiver Tantam nnd its atiluent, which is fed by the River
Sefu;
(29) Thence the River Sefu toits source;
(30) Thence a liiie south-westwards, crossing the Iiupti, to reach near its
source east of point 1300the unnamed watercourse which flowsiiito
the Northem Mifibelow Bali-Hagain;
(31) Thence this watercourse to its confluence with the Northern Nifi,
leaving to France the village of Gascho, belonging to the small
country of Bameniam;
(32) Thence the Northern Mifiupstream to its confluencewith tlie River
Mogo,or Dosi;
(33) Thence the River >logo toits source;
(34) Thence a line south-westwards to the crest of the Bambuto kIoun-
tains and thence foilowing the watcrshed between the basinsof the
CrossRiver and hlungo on the west and the Sanaga and Wuri on the
east to Mount Kupe;
(35) Thence a line to the source of the River Bubu;
(36) Thence the River Bubu, which appears from the German mapto lose
itself and reappear asthe Ediminjo, which the frontier will follow
to its confluence with the Mungo;
(37) Thence the course of the Mungo to the point in its mouth where it
meets the parallel of latitude 4"2'30' N.;
(38) Thence this parallel of latitude westwards so as to reacli tlie coast
south of Tauben 1.;
(39) Tlience a line following the coast, passing south of Reilier I., to
Mokola Creek. thus leaving hlowe Lake to Great Britain;
(40) Thence a line followingthe eastem banks of the >lokola, Afbakwele,
Njubanan-Jau and Matumal Creeks. and cutting the mouths of the
Albossa-Bombe,Alikanje,Tende, Victoria and otherunnamed creeks
to the juiiction of the Matumal ancl Victoria Creeks;
(41) Thencc a line running 3j0 west oftrue south to the Atlantic Ocean.120 NORTHERN CAMEROONS
Article 2
(1) It is understood that at the time of the local delimitation of the
frontier, where the natural features to be followed are not indicated in
the above description, the commissioners of the two Govemments will,
as far as possible, but without changing the attribution of the villages
named in Article I, Laydown the frontier in accordance with natural
features (rivers, hills or watersheds).
The Boundary Commissioners shall be authorized to make such minor
modifications of the frontier Iine as may appear to them necessary in
order to avoid separating villages from their agricultural lands. Such
deviations shall be clearly marked on special maps and submitted for
the approval of the two Governments. Pending such approval, the
deviations shall be provisionally recognized and respected.
(2) As regards the roads mentioned in Article 1, only those which
are shown upon the annexed map1 shall be.taken into consideration
in the delimitation of the frontier.
(3) Where the frontier follows a waterway, the median line of the
watenvay shall be the boundary.
(4) It is understood that if the inhabitants living near the frontier
should. within a period of six mouths from the completion of the local
delimitation, express the intention to settle in the regions placed under
French authority, or, inversely, in the regions placed under British
authority, no obstacle will be placed in the way of their so doing, and
the shali be granted the necessary time to gather in standing crops,
andgenerally to remove al1the property of which they arethe legitimate
owners.
Article 3
(1) The map to which reference is made in the description of the
frontier is Moisel'smap of the Cameroons on the scale 1: 300,000.The
following sheets of this map have been used:
Sheet A 4. Chad; dated I December 1912.
Sheet B 4. Kussori; dated I August 1912.
Sheet B 3. Dikoa; dated I January 1913.
Sheet C 3. Mubi; dated 15 December 1912.
Sheet D 3. Gama; dated 15 May 1912.
Sheet E 3. Ngaundere; dated 15 October 1912.
Sheet E 2. Banjo; dated I January 1913.
Sheet F 2. Fumban; dated I May 1913.
Sheet F 1. Ossidinge; dated I January 19x2.
Sheet G I. Buea; dated I August 1911.
(2) A map of the Cameroons.scale 1:~,ooo,ooo,is attached to illustrate
the description of the above frontier'.
1Annexed only tothe original signed Declaration. ANNEXES TO THECOUNTER-MEYORIAL 121
Alinex V (1)
GENERAL ASSEMBLY RESOLUTIO6 N3 (1)
Approval of Trusteeship Agreements
TheGeneralAssembly appvovesseparately the followingeight Trustee-
ship Agreements:
I. The proposed Trusteeship Agreement for New Guinea submitted
by the Govemment of Australia (document A/153/Rev. 2).
2. The proposed Tmsteeship Agreement for Ruanda-Urundi sub-
mitted by the Govemment of Belgium (document A/15g/Rev. 2).
3. The proposed Tmsteeship Agreement for the Cameroons nnder
French mandate submitted by the Govemment of France (document
A/155/Rev. 2).
4. The proposed Tmsteeship Agreement for Togoland under French
mandate submitted by the Govemment of France (document A11541
Rev. 2).
51 The proposed Tmsteeship Agreement for Western Samoa sub-
mitted by the Government of New Zealand (document A/16o/Rev. 2).
6. The proposed Tmsteeship Agreement for Tanganyika submitted
by the Govemment of the United Kingdom (document A/15z/Rev. 2).
7. The proposed Tmsteeship Agreement for the Cameroons under
British mandate submitted by the Govemment of the United Kingdom
(document A/151/Rev. 2).
8. The proposed Trusteeship Agreement for Togoland under British
mandate submitted by the Govemment of the United Kingdom (docu-
ment A/15o/Rev. 2).
62nd plenary meeting13December1946.
Annez V (2)
GENERAL ASSEMBLY RESOLUTIO6 N4 (1)
Establishment of the Trusteeship Council
The General Assembly approved, on 13December 1946,in accordance
with Article 85 of the Charter, thems of the Trusteeship Agreements
for New Guinea, Ruanda-Urundi, Cameroons under French administra-
tion and Togoland under French administration. Western Samoa,
Tanganyika, Cameroons under British administration and Togoland
under British administration.
In these agreements, Australia, Belgium, France, New Zealand and
the United Kingdom have been designated as Administering Authorities.
The conditions necessary for the constitution of the Trusteeship
Council can thus be fulfilled.
In accordance with Article 86 a, Australia, Belgium, France. New
Zealand and the United Kingdom will be members of the Tmsteeship
Council. 122 SORTHERX CA>IEROOXS
By application of Article 86 b, China, the United States of America
and the Union of Soviet Socialist Republics, being such of the members
mentioned by name in Article 23 of the Charter as are not administering
Tiust Territories, \vil1also be members of the Trusteeship Council.
In accordance with Article 86 c it is necessary, inorder to ensure that
the total number of members of the Trusteeship Council is equally
divided between those llembers of the United Nations which administer
Trust Territories and those which do not. that two members should be
elôcted by the General Assembly.
Therefore,
The CeiteralAssembly,
I. Elecls Mexico and Iraq as members of the Trusteeship Council for
a term of three years;
2. Directs the Secretary-General to convoke the first session of the
Trusteeship Council not later than 15llarch 1947a .nd to draw up and
communicate to each member of the Council the provisional agenda
for that session at least 30 days in advance of the date of the session.
63vdplenary meeting,14 Decembev1946.
Annex V (3)
GENERAL ASSEMBLY RESOLUTIO1 N39(II)
Report of the Tmsteeship CouncilCovenng its First Session
The Ceneral Assembly
Takes noteof the report of the Trusteeship Council (document A/312)'
and
Resoluesthat al1 commentsz made by Mcmbers on the report during
' the discussion be transmitted to the Trusteeship Gouncil for considera-
tion in its future work.
104thple~mrymeeting, I NovemberIg47.
Annex V (4)
GESERAL ASSEYBLY RESOLUTIO2 N23 (III)
Report of the Trusteeship Council Coveringits Second and Third Sessions
The General Assembly
Takes note of the report of the Trusteeship Council covering its second
and third sessions (A/603)
Expresses its confidence that the Tmsteeship Council, in a spirit of
CO-operation, will effectively contribute to achieving the higli objectives
of the Trusteeship System;
1 See OfficialRecords of the Second Sess168GenerolAssembly, Suppl. YO.4.
2 Ibid.doc. Akz~.
3 See Officia1Records of the Tliird Seoftlrc GcnernlAsserrrbly, SuSO..4. ASSEXES TO THE COUNTER-31EAIORIAL 123
Recommendsthat the Trusteeship Council should consider at its nest
session the comments and suggestions made during the discussion of
the report at the third session of the General Assembly;
Reqereslsthe Secretary-Genec~l to prepare for the use of the Trustee-
shio Council an avvroA AateAdocument settine forth su"h comments
and suggestions.
rjyth $lenary meeting,18 Nouember 1948.
Arrnex V (j)
GENERAL ASSEMBLY RESOLUTIO N24 (III)
Administrative Unions AffectingTrust Tenitories
The Germa1Assembly,
Mindfnl that one of the basic objectives of the Trusteeship System
is to promote the political, economic, social and educational advance-
ment of the Tmst Tesritories, and tlieir progressive de\relopment towards
self-govemment os independence,
Noling that the Trusteeship Agreements for some of these Territories
authorize the Administerinr Aiit.,ritv concerned to constitute the
Territory into ii ciiitoiiij,riji.:or ;iilriiiiii;tr;iii\.é tinion ur f~.dcrnrioii
ivitli nrljnciit1%iritori<.iiinrli.it5i<i\.crcigntyor controi :ilid to rjt;tbiijii
coriinioii ser\.iit.; h~:r\i.<:eitihe I'rujt 'I'~rrif:III(~î11cIild]ii~c~riterri-
torit:s. \i.li<!rfi:iii:liiiie.i:ur<:iarc no1incuii,i,tcnt withhi31~UI,J~:LII\~CS
of ilic 'l'ru>tcc:l. .i5v;tcin:iii<\vit11ille ivriiii,ftlic '~'~u~IccsI- I~-~C-
ment,
Recognizing that, in certain circumst;inces, such unions may be in
the interests of the inhabitants of the Territory concemed,
Recalling that the General Assembly approved these Agreements
upon the assurance of the Administering Powers that they do iiot con-
sider the terms of the relevant articles iii the Tmsteeship Agreements
"as giving powers to the Administering Autliority to establish any form
of political association between the Trust Territories respectirely ad-
ministered hy them and adjacent territories which would involve
annexation of the Trust Territories in any sense or would have the
effect of,extinguishing their status as Trust Territories" ',
Hauing consideredthe observations of the Trusteeship Council, con-
tained in the report covering its second and third sessions (.4/603), on
the existing or proposed administrative unions between certain Trust
Territories and the adjacent territories uiider the sovereignty or control
of the Administering Authority.
Notes the observations of the Trusteeship Council on such adminis-
trative unions; and in particular;
Endorses the observation of the Trusteeship Council that an adminis-
trative union "must remain strictlv administrative in its nature andits
scope, and that its operation musi not have the effect of creating any
conditions which will obstruct the separate development of the Trust
' Çee OfliciaRecords of the SeconPar1 of the Ti~'ressioli of IGcneralAssembly.
Faurth Cornmittee, Part 1,p. 300.124 NORTHERS CAMEROONS
Temtory, in the fields of political, economic, social and educational
advancement, as a distinct entity";
Recommendsaccordingly that the Trusteeship Council should:
(a) Investigate these questions in al1their aspects with special reference
the terms of the Trusteeship Agreements and of the assurancesht of
given by the Administering Authorities in this connection;
(b) In the light of this investigation, recommend such safeguards as
the Council may deem necessary to preserve the distinct political
status of the Trust Territones and to enahle the Council effectively
to exercise supervisory functions over such Territories;
(c) Request, whenever appropriate, an advisory opinion of the Inter-
national Court of Justice as to whether such unions are within the
scope of and compatible with, the stipulations of the Charter and
the terms of the Trusteeship Agreements as approved by the General
Assembly ;
(d) Invite the Administering Authorities to make available to the
Council such information relating to administrative unions as will
facilitate the investigation by the Council referred to above;
(e) Report specifically to the next regular session of the General Assem-
hly on the results of the Councii's investigations and the action
taken by it.
160th filenary meeling,18 November1948.
GESERALASSEMBLY RESOLUTIO2 S26 (III)
Progressive Development of Tmst Temtories
The GeneralAssembly,
Recalling that the Trusteeship System is aimed at the progressive
development of Trust Temtories toward self-government or indepen-
dence,
Colisideringthat this development should be achieved at the earliest
ment or indevendence as soon as oossible.ies should attain self-goveru-
Noting the efforts of the Administering Authorities already made in
this direction,
Recallingthat Article 77 of the Charter contemplates the application
ofthe Trusteeship System, in accordance with the terms of that Article,
to the three t-.es of territories enumerated therein.
Renfirms that the supervisory authority over Trust Territones rests
with the United Nations;
Recommendsthat the Administering Authorities:
(a) Take al1measures to improve and promote the political, economic.
Territories;ducational advancement of the inhabitants of Trust ANNEXESTOTHECOUNTER-MEMORIAL '25
(b) Take al1 possible steps to accelerate the progressive development
towards self-government or independence of the Trust Temtories
they administer.
160thpleiiary meeting,18 November1948.
Annex V (7)
GENERAL ASSEMBLY RESOLUTIO3 N20 (IV)
Political Advancement ofTrust Temtones
TheGeneralAssembly,
Having considered the report' of the Tmsteeship Council covering
itsfourth and fifth sessions and the various decisions and recommenda-
tions made by it in the course of the discharge of its functions,
I. Takes note of the decisions taken by the Tmsteeship Council and
expresses its full support of the Council's recommendations to the
Administering Authorities for the adoption by the latter of measures
which would hasten the advancement of the Tmst Territories towards
self-government or independence, in accordance with the objectives
laid down in Article 76 b of the Charter;
z. Recommendsto the Trnsteeship Council that it should include in
its annual reports to the General Assembly information in a special
section dealing with the implementation hy the AdministeringAuthorities
of the Council's recommendations conceming the measures adopted
to grant the indigenous inhabitants of the Trust Temtories a larger
degree of self-goveniment through participation in the legislative, execu-
tive and judicial organs and procedures of the Tmst Temtories.
240thplenary meeting,15 November1949.
GENERAL ASSEMBLY RESOLUTIO3 N26 (IV)
Administrative Unions AfTectingTrust Territones
TheGeneralAssembly.
Having noled the action taken by the Tmsteeship Council in respect
of General Assembly resolution 224 (III)Z of 18 November 1948,
concerning administrative unions affecting Trust Territories,
Having consideredthe information on administrative unions received
by the Trnsteeship Council and transmitted by its resolution 109 (V)j
of 18July 1949 to the General Assembly,
Considering that the Trusteeship Council has not yet completed the
investigation, requested under the aforesaid resolution of the General
See Oficial Records of the Fourlh Session of the Gcnernl Assemq.y, Suppl. No.
Iutionsp.86.ial Records of the Third Session of the G~n~Part1. Reso-
' SeeOfficia1Records of the Fiflh Session of the Trusfeeship Council. Resalutions.
P.'5- 126 SORTHERS CAAIEROOSS
Assembly. with respect ta al1 the questions arising out of the said
administrative unions,
Noting that, although the Trusteeship Agreements authorize customs,
fiscal and administrative unions or federations. thev do not authorize
-
their status as Trust TerRtories,
ARimiina the view that measures of customs. fiscal or administra-
tive"unionkust not in any way hamper the free evolution of each Trust
Territory towards self-g-vernment or independence,
I. Recomtnendsto the Trusteeship Council to complete its investiga-
tion, paying particular attention to the following:
(a) The desirability of having the Administering Authorities inform
the Trusteeship Council beforehand when they propose to create
new administrative unions of Trust Territories with adjacent terri-
tories, or extend the scope of any esisting union or federation;
(b) The desirability, should it be impossible as a consequence of the
establishment of an administrative union to furnish clear and
precise separate financial, statistical and other data relating to a
Trust Territory. of the Administering Authority concerned accepting
such supervision hy the Tnisteeship Council over the unified ad-
ministration asthe Council mav consider necessary for the effective
discharge of its high responsibjlities under the Charter;
(c) each Trust Territory;stablishing a separate judicial organization in
(d) The desirability of establishiiig in each Trust Temtory a separate
legislative bodywith increasing powersand withheadquarters within
the Triist Territory, and of eliminating any type of legislative
action originating in any other legislative body with headquarters
in a Non-Self-Governiug -erritorv;
(e) The desirability of taking into accoiint, before any administrative,
custoiiis or fiscal union is established or extended in its nature or
scope, the freely espressed wishes of the inhabitants of the Trust
Territories concerned;
Kerb>n>iiendts11:ittlic Triisicesliip Couilcil conipletiti iiivcstig;iiion,
iiiac<.or<l;inie\vitI111cternis of Gencinl :\sscmblv reioliliion 224 (111)
aiid of the present resolution, and present a special report to the next
regular session of the General Assembly on the results of itsinvestiga-
tion and the action taken by it, with particular reference to any safe-
guards whicli the Council may consider it necessary ta request of the
Administering Authorities concemed, and that the Council continue
likewise to observe the devclopment of such unions and to report to
the General Assembly at its regular sessions.
240th 9lenary meeting,15 Noaember1949. ASSEXES TOTHECOUSTER-XEMORIAL 127
GESERAL ASSEMBLY RESOLUTIO4 N31 (V)
Report of the Trusteeship Council Covering its First Special Session,
its Second Special Session, and itsxth and Seventh Sessions
The GeneralAssembly
I.Takes note of the report' of the Trusteeship Council covering its
first special session. its second special session, and its sixth and seventh
sessions;
2.Expresses its confidencethat the Trusteeship Council, in a spirit of
CO-operation, will continue to contribute effectively to achieving the
higli objectives of the Trusteeship System;
3. Recommeiids that the Trusteeship Council consider at its next
session the comments and suggestions made during the discussion of
the report at the fifth session of the General Assembly.
316th plenary meeting,2December19jo.
GENERAL ASSEMBLY RESOLUTIO4 N33 (V)
Annual Reports of the Trusteeship Council
TheGenernlAssembly,
Considering that, under Article 85, paragraph z, of the Charter, the
Trusteeship Council, operating under the authority of the General As-
sembly, shall assist the General Assembly in carrying out its functions
with regard ta the International Trusteeship System,
Considering that, under Article 15, paragraph 2, of the Charter, the
General Assembly shall receive and consider the reports of the Trustee-
ship Council,
Considering furtlier that the present arrangement of the subject-
matter of the report of the Trusteeship Councilto the General Assembly,
which conforms strictly to the various functions of the Council, might
be improved so as to enable the General Assembly to form a clearer
understanding of conditions in the Trust Territories,
I. Recommendsthat the Trusteeship Council, accordingly, in its future
reports to the General Assembly:
(a) Present in separate sections al1 the relevant data esamined by
the Trusteeship Council concerning the political, economic. social
and educational conditions in each Trust Territom. so that each sec-
tion may provide the General Assembly witl; a comprehen~i\~e
account of such conditions in each of the above-mentioned fields;
(b) recommendations of the Council on the topic under review, as well
'See Official Recoofthe GeneralAssembly, fifth session, Sup4.. No.128 KORTHERN CAMEROOSS
as such relevant observations of its individual members as the Coun-
cil may consider useful;
(c) Give in each case in the appropriate section an account, of the
manner in which the Administering Authority has camed out
each recommendation of the General Assembly or of the Trustee-
ship Council;
(d) action taken by the Administering Authority and on the measures the
which, in its opinion,should be adopted in view ofthose conclusions;
(e) Include, wherever practicable, maps of the various Trust Territories;
2. Recommends also that the Trusteeship Council, in preparing its
future annual reports, take into consideration documents A/C.4/L.93
and A/C.4/L.g4, thetests of which will be of assistance in making clear
the strncture of the annual report of the Trusteeship Council which
the General Assembly hopes \riUbe adopted.
316thPlenary meeting.z December1950.
Annex V (II)
GENERAL ASSEMBLY RESOLUTIO4 N34 (V)
Organization and Methods of Functioning of Viçiting Missions
The General Assembly,
Considering that, nnder Article 85, paragraph I,of the Charter, the
functions of the United Kations with regard to Tmsteeship Agreements
for al1areas not designated as strategic shall be esercised by the General
Assembly,
Considering that, under Article 87 c of the Charter, the General
-4ssembly and, under its authority, the Trusteeship Council, may
provide for periodic visits to the respective Trust Territories at times
agreed upon with the Administering Authority,
Noting that visiting missions of the Trusteeship Council have .now
valuable reports to the Council,ories for the first time and have submitted
Noting that these missions were the first of their kind and that the
time during which they remained in each of the Trust Territories did
not permit them to make a thorough study of some of the problems
esisting in the Trust Territories,
Considering that, since it has been customary for the Tmsteeship
Council to study the possibility of improving the or.ganization.and
membership as well as the methods and functioning of visiting missions.
the commencement in 1951 of a second series of visits to the Trust
Territories presents an opportunity to review these matters again,
1. Recommendsaccordingly that the Trusteeship Councilshould under-
take another such review in order to ensure that the most effective use
will be made in future of thisimportant function of the General Assembly
and of the Council, taking into consideration for that purpose the obser-
vations and suggestions made during the discussion ofthismatter at the ANNEXES TOTHE COUNTER-MEMORIAL 129
fifth session of the General Assembly and taking into account the ad-
visability of:
(a) Arranging for visiting missions to remain long enough in each
Tmst Territory to be able adequately to fulfil their task;
(b) Reducing the number of Trust Territories to be visited by a single
visiting mission;
(c) Ensunng the greatest possible flexibility in the itinerary of each
visiting mission;
(d) Extending the duration ofvisitswithout diminishing theirfrequency;
(e) Continuing to include in the terms of reference of each visiting
mission the examination of specific problems;
(1) Continuing to include in the terms of reference of each visiting
mission the preliminary exainination on the spot, when called for, of
the petitions submitted to it, and of such other petitions as the
Trusteeship Council may deem appropriate;
(g) Selecting members of each visiting mission as much as possible from
among representatives who sit on the Trusteeship Council;
(h) Directing visiting missions to take advantage of every opportunity
to inform the indigenous inhabitants of the workings and operations
of the International Trusteeship System;
2. Reqtcests the Trusteeship Council to include the results of the
review in its next report to the General Assembly.
316th plcnary meeting,z Decemberrg50.
Annex V (rz)
GENERAL ASSEMBLY RESOLUTIO4 N43 (V)
Administrative Unions Affecting Trust Territories
TheGeneralAssembly
Decides to carry over the item relating to administrative unions
affecting Trust Territones for consideration at the next regular session of
the General Assembly.
320th plenary meeting,12 Decembn 1950.
GENERAL ASSEMBLY RESOI.UTION 553 (VI)
Organization and Methods of Functioning of Visiting Missions
TheGeneralAssembly,
Recallingthat in its resolution 434 (V)2oDecember 1950, it recom-
mended that the Trusteeship Council review the organization and func-
tioning of visiting missioiis to the Trust Territories, taking into account
in particular the advisability of reducing the number of Trust Territories
to be visited by a single visiting mission and of extending theration
of visits without diminishing their frequency, % ANNEXES TO THECOUNTER-MEMORIAL 131
with increased effectiveness-to achieving the high objectives of the
International Trusteeship System;
3. Recommendsthat the Trnsteeship Council consider at its next
sessions the comments and suggestions made during the discussion of
the report at the sixth session of the General Assembly. including the
valuable discussions in the Fourth Committee on various suecific
trusteeship problems, with a view to arriving nt a speedy solu&on of
those problems.
361stplenarymeeting, 18January 1952.
Annen V (~j)
GEXERAL ASSEMBLY RESOLUTION 563 (VI)
Administrative UnionsAffectingTrustTemturies
TheGeneralAssembly,
Haviltg by resolution 443 (V) of 12 December 1950 decided to carry
over the item relating to administrative unions affecting Trust Territories
for consideration at the sixth session ofthe General Assembly,
Recalliltgthat by its resolution zz4 (III) of 18 November 1948 the
General Assembly recommended that the Trusteeship Council should
investigate the question of administrative unions in al1 its aspects, and
that by its resolution 326 (IV) of 15 November 1949 it recommended
that the Trusteeship Council should complete its investigation,
Recallingfcrrtherthat by resolution 326 (IV) the General Assembly
noted that the Trusteeship Agreements do not authorize any form of
political association which would involve annexation of the Trust
Territories in any sense, or would have the effect of extinguishing their
status as Trust Territories. and affirmed the view that measures of
customs, fiscal or administrative union must not in any way hamper the
free evolution of each Trust Territory towards self-government or
independence,
Having examinedthe reports 'of the Trusteeship Council concerning
administrative uiiioiisandthe manner in which the Councilhas continned
to observe the development of such unions;
I. Notes that the Trusteeship Council has not as yet been able to
examine fully al1the aspects of administrative unions;
z. Notes firrtherthat some of the recommendations of the Council
have not yet been fully implemented;
3. Regireststhe Trusteeship Council, in order to enable the General
Assembly to arrive at conclusions concerning existing administrative
unions affecting Trust Territories, to, submit to the General Assembly
at its seventh regular session, a special report containing a complete
analysis of each of the administrative unions to which a Trust Territory
is a Party, and of the status of the Cameroons and Togoland under
French administration arising out of their membership in the French
Union, with special reference to:
185-215;sixth session, SuppI. N4,p.22.y, fifth sesSuppl. No.4.pp.180-r83.
10132 SORTHERNCA>IEROONS
(a) The considerations enumerated in paragraph Iof resolution 326 (IV)
- -the General A~s~mhlv.,.
(b) The compatibility of the arrangements already made with the
provisions of the Charter of the United Nations and the Trusteeship
Agreement;
4. Establishesa Cominittee on Administrative Unions,which shall meet
three weeks before the next regular session of the General Assembly,
composed of Belgium, Brazil, India and the United States of America,
to make a preliminary examination of the special report prepared by the
Trusteeship Council and to present its observations thereon to the
General Assembly at its seventh regular session.
361st plenary mee&i?ig 1,8 January 1952.
GEXERAL ASSEMBLY RESOLUTIO6 N49 (VII)
Administrative Unions Mecting Trust Temtories
Th~ ~-neralAs~e~ ~ ~ ,.
Recalling that the Trusteeship Agreements for the Trust Territories
concerned authorize the Administennir Authorities to establish customs,
fiscal or administrative unions or fedGations,
Recailing its resolution 224 (III) of 18 Novemher 1948 recommending
that the Trusteeship Council should investigate the question ofadminis-
trative unions in al1its aspects, and resolution 326 (IV) of 15 November
1949 recommending that the Trusteeship Council should complete the
investigation,
Recnlling,further, that in resolution 326 (IV)it noted thatthe Trustee-
ship Ag~eements do not authorize any form of political association
which would involve annexation of the Trust Tem~~ries in anv sense. or
\r.oiildhave the eHect of ïstingui;lting tlieir statiis ;ijTrust 'rerritones.
niid i1firmc.dtlie \.i<,nthat rnt2açuresof cusroois, fiscalor administrative
union must not in any way bamper the free evolution of each Trust
Territory toward self-government or independence,
Recalling its resolution 563 (VI) of 18 January 1952 requesting the
Trusteeship Council to submit to it, at its seventh session, a special
report containing a complete analysis of each of the administrative
unions to which a Trust Territory is a party, and of the status of the
Cameroons and Togoland under French administration arising out of
their membership in the French Union,
Recalling the studiesl on administrative unions undertaken by the
Trusteeship Council in 1949 and 1950, and in particular the important
analysis of administrative unions contained in resolution 293 (VII)
adopted by the Council on 17 July 1950,
Recnlling the regular annual reports adopted by the Trusteeship
Councilin 1951 and 1q52 on each ofthe Trust Territories participating ln
an administrative uniin,
See ORiciaRlecords oftheTrusteeshi$ Councilfift hessiona,nnex,agenda item
10.P.255, andOficinR lecords of theGeneral Assemblyf,ifthession Suppl. No.q,
annex. ANNEXES TO THE COUNTER-.\IEhlORIAI. I33
I. Takes liote of the special report' submitted by the Trusteeship
Council in compliance with General Assembly resolution 563 (VI) and
the observationsZmade thereon by the General Assembly Committee on
Administrative Unions;
z. Calls to the attention of the Administerine Authorities the obser-
vations and conclusions contained in the special ;eport ofthe Trusteeship
Council and the observations of the General Assemblv Committee on
Administrative Unions;
7. Reozceststhe Administerine Authorities to continue to transmit
pr&npt& to the Trusteeship coGcil information as complete as possible
concerning the operation of the administrative unions affecting Trust
Territories under their administration, indicating the benefits and
advantages derived bv the inhabitants of the Trust Territories from
adminisfrative unions;
4. Expresses the hope that the Administering Authorities concerned
will take into account the freely expressed wishes of the inhabitants
before establishing or extending the scope of administrative unions ;
5. Expresses the hope that the Administering Authorities coiicerned
will consult with the 'ïrusteeshi~ Council concernine unv c-ance i- or
extension of existing administrative unions, or concerning any proposal
to establish new administrative unions;
6. Requeststhe Trusteeship Councilto continue its regular examination
of each administrative union affectinrr a Trust Territorv, and to studv
these administrative unions, not only mith regard to théfour safeguardi
enumerated in Trusteeship Council resolution 293 (VII),but also with
rerrard to the interests of the inhabitants of the Territorv and the ternis
of-the Charter and the Trusteeship Agreements, as wéllas any other
matters which the Council may deem appropriate.
409th pleizaiy meeting,zo DecemberIg.52.
Annex V (17)
GENEIIAL ASSE~~LY RIISOLUTIO6 X54 (VII)
Report of the Trusteeship Council
The GeneralAssembly
1.Takes note of the report' of the Trusteeship Council covering its
fourth special session and itstenth and eleventh sessions;
2. Recommendsthat theTrusteeshipCounci1. in itsfuturedeliberations.
take into account the comments and suggestions made in the course of
the discussion of the report of the Council at the seventh session of the
General Assembly.
qoth ple~tarymeetilrg, 21 December1952.
' SeeOfici41 RecordO/ theGeneralAssembl.~seventhsessio n.uppl.No. 12.
Seedoc.Alzzii.
' SeeOfficialRecords of the GenerolAssernbly. seventh seSupl>l .o.4. and
doc.A/z15olAdd.i. NORTHERN CAhIEROOSS
Annex V (18)
GENERAL ASSEMBLY RESOI.UTION 742 (VIII)
Factors Which Should Be Taken into Account in Deciding Whether
a Temtory 1s or 1s not a Temtory Whose People Have not yet Attained
a Full Measure of Self-Government
TheGeneralAssembly,
Bearingin mind the principles embodied in the Declaration regarding
Non-Self-Goveming Territories and the objectives set forth in Chapter
XI of the Charter,
RecaUing the provisions of resolutions 567 (VI) and 648 (1111),
adopted by the General Assembly on 18January and IO December 19j2,
respectively, indicating the value of establishing a list of factors which
should be taken into account in deciding whether a Territory has or has
not attained a full measure of self-government,
Haaing regard to the competence of the General Assembly toconsider
the principles that should guide the United Nations and the Member
Natioiis and the Member States in the implementation of obligations
arising from Chapter XI of the Charter and to make recommendations
in connection with them.
Having examined the report1 of the Ad Hoc Committee on Factors
(Non-Self-Goveming Territories) set up by resolution 648 (VII),
1. Takes note of the conclusions of the report of the Ad Hoc Com-
mittee on Factors (Non-Self-Goveming Territories);
2. Approaes the list of factors as adopted by the Fourth Committee;
3. Recommendsthat the annexed list of factors should be used by the
General Assembly and the Administering hlembers as a guide in deter-
mining whether any Territory, due to changes in its constitutional status,
is oris no longer within the scope of Chapter XI of the Charter, in order
that, in view of the documentation provided under resolution 222 (III)
of 3 Xovember 1948,a decision may be taken by the General Assembly
on the continuation or cessation of the transmission of information
required by Chapter XI of the Charter;
upon in the light of the particular circumstances of that case and taking
into account the right of self-determination of peoples:
j. Considers that the validity of any form of association between a
Non-Self-Goveming Territory and a metropolitan or any other country
essentially depends on the freely expressed will of the people at the time
of the taking of the decision;
6. Considers that the manner in which Territories referred to in
Chapter XI of the Charter can become fully self-governing is primarily
through the attainment of independence, although it is recognized that
self-govemment can also be achieved by association with another State
or group of States if this is done freely and on the basis of absolute
equality ; ANNEXES TO THE COUNTER-MEMORIAL I35
7. Reafirms that the factors. while serving as a guide in determining
whether the obligations as set forth in Chapter XI of the Charter shall
exist, should in no way be interpreted as a hindrance to the attainment
of a fuii measure of self-government by a Non-Self-GoverningTemtos.;
8. Furthn reafirms that, for a Territory to be deemed self-goveming
in economic, social or educational affairs. it is essential that its people
shall have attained a full measure of self-government;
a. Instructs the Committee on Information from Non-Self-Governina
Te;ritories to study nny docunieiitlition tr;iiismittcd liercafter under
resulution2zz 1III) in tlicliyht oftlielist of f;ictorsnpl~ro\.edhytlic prescrit
resolution. and other relevant considerations which-mav ariie from each
concrete case of cessation of information;
IO. Recommendsthat the Committee on Information from Non-Self-
Govcriiing 'l'crritories taka tlic initi.itiv<: of prolic)?irixnio(lification<
at an!' tirnc to irnl>rij.e Iist of f;ictoi.iiiin\. i?cm iit:ics-oiiitlic
light Ofcircumstaices.
459th plenary meeting, 27 NovemberIg53.
ANNEX
Listof Factors
FACTORS IKDICATIVE OF THE ATTAINMEN OTF I'IDEPESDENCE OR OF
OTHERSEPARATE SYSTEMS OF SELF-GOVERIIUENT
First Part
FactorsIndicative o/ the Atlainment of Indepetidence
A. International Status.
I.I*tternationalrespotrsibility. Full international responsibility of
the Temtory for the acts inherent in the exercise of its external sover-
eignty and for the corresponding acts in the administration of its in-
ternal affairs.
2. Eligibility for membershipin the United Nations.
3.Genmalinternational relations.Power to enter into direct relatjons
of every kind with other governments and with internationalinstitutions
and to negotiate, sign and ratify international instuments.
4. National defence.Sovereign right to provide for its national defence.
B. Interna1Self-Government.
I.Formofgovernmenl.Complete freedom of the people ofthe Territory
to choose the form of government which they desire.
2. Territorialgouernmenl.Freedom from control or interference by the
government of another State in respect of the interna1 goveement
(legislature, executive, judiciary. and administration of the Temtory).
3. Economic, social and crclturaljurisdiction. Complete autonomy in
respect of economic, social and cultural affairs.136 SORTHERS CAMEROOSS
SecondPart
FactorsIndicative of the Attainment of OtherSeparateSystems of
Self-Government
A. General.
1.Opinion of the population. The opinion of the population of the
Territory, freely expressed by informed and democratic processes, as to
the status or change in status wliich they desire.
2. Freedomof choice.Freedom of choosing on the basis of the right of
self-determination of ~eA .es between several possibilities. including -
independence.
3. Voluntary limitation of sovereignty. Degree of evidence that the
attribute or attributes of sovereignty which are not individually exercised
wili be collectively exercised by the larger entity thus associated and the
freedom of the population of a Territory which has associated itself with
the metropolitan country to modify at any time this status through the
expression of their will by democratic means.
4.Geographicalconsiderations.Extent to which the relations of the
Non-Self-Governing Territory with the capital of the metropolitan
govcrnment may be affected by circurnstances arising outof tlieir respec-
tive geographical positions, such as separation by land, sea or other
natural obstacles; and extent to which the intcrests of boundary States
may be affected, bearing in mind the general principle of good-neigh-
bourliness referred to in Article 74 of the Charter.
5. Ethnic and cultnralconsiderations.Extent to which the ~opulations
are of diKi:rent rnce, I;irigiiagvor religioii or li;iv;< dibtiiit' iulrurul
licritagc. iiiteic;ts ur aspir.itioii,. rliitiiigui.iliing thcni froni tlsf~h.ol>leo
tlii: roiintr! \i.iih ivliictithev frcrlv :i:sori;irc tlicrnselvcs.
6. Political advancement. Political advancement of the population
sufficient to enable them to decide upon the future destin? of the Tern-
tory with due knowledge.
B. InternationalStalus.
1. Generalinternational relations.Degree or cxtent to which the Terri-
tory exercises the power to enter freely into direct relations of evcry kind
with other governments and with international institutions and to
negotiate, sign and ratify international instruments freely.Degree or
extent to wliich the metropolitan country is bound, through consti-
tutional provisions or legislative means, by the freely expressed wishes
of the Territory in negotiating, signing and ratilying international
conventions which may influence conditions in the Territory.
2. Change O/political status. The right of the metropolitan country or
the Territory ta change the political status of that Territory in the light
of the consideration whether that Territory is or is not subject to any
claim or litigation on the part of another State.
3. Eligibility for membershipin the United Nations.
C. Interna1self-government.
1. Territorial government. Nature and measure of control or inter-
ference, if any. by the government of another State in respect of the
interna1 government. for example, in respect of the lollowing: ASSEXES TO THE COUSTER-.\IE>IORlAL I37
LegisL~lure 'i'lieeii;lctiiitiit I:i\ilor tti~l'çrritory by a11indigenous
budy \i.lii:tlierfull?.electcd by frec :in(!deiiio:raiic procciseur la\i.liilly
i:oii.~tiriit~dia manncr rririviiig tlie fret consent of tlic popiilnrion;
Executive: The selection of mekbers of tlie executive brinch of the
government by the competent authority in the Territory receiving
consent of the indigenous population, whether that authority ishereditary
or elected. having regard also to the nature and measure of control, if
any, by an outside agency on that authority, whether directly or indi-
rectly exercised in the constitution and conduct of the executive branch
ofthe government;
Judiciary: The establishmeiit of courts of law and the selection of
judges.
2. Participation of thepopulation. Effective participation of the popu-
lation in the government of the Territory: (a) 1s there an adequate and
appropriate electoral and representative system? (b) 1s this electoral
system conducted without direct or indirect interference from a foreign
government?
3. Economic, social and cultuval jurisdiction. Degree of autonomy in
respect of economic, social and cultural affairs, as illustrated by the
degree of freedom from economic pressure as exercised, for example, by
a foreign minority group which. by virtue of the help ofa foreignPower.
has acquired a privileged economic status prejudicial to the general
economic interest of the people of the Territory; and by the degree of
freedom and lack of discrimination against the indigenous population
of the Territory in social legislation and social developments.
Third Part
Factors Indicative of the Free Associatiou of a Territory on Equal Basis
with II= nfetropolitan orOLherCountryas a!zInlegral Part of that Country
in any OtherForm
A. General.
I. Opinion O/ the poprclation.The opinion of the population of the
Territory, freely expressed by informed and democratic processes, as to
the statusor change in status ivhich they desire.
2. Freedom O/ choice.The freedom of the population of a Non-Self-
Governing Territory which has associated itself with the metropolitan
country asan integral part of that country or in any other form to modify
this status through the expressio~iof their will by democratic means.
3. Geographicalconsideratious.Estent to which the relations of the
Territorv with the ca~ital of the central government mav be affected bv
circumsfances arising out of their respective geographical positions,
such asseparation by land, sea or other natural obstacles. The right ofthe
metropolitan country or the Territory to change the political status of
that Territory in the light of the consideration whether that Temtory
is or is not subject to any claim or litigation on thepart ofanother State.
4. Ethnic and cultural considerations.Estent to which the population
are of different race, language or religion orhave a distinctcultural heri-
tage, interests or aspirations, distinguishing them from the peoples of
the coiintry ivith ivhich they freely associate themselves.138 SORTHERS CASIEROOSS
j. Political advancement. Political advancement of the population
sufficient to enable them to decide upon the future destiny of the Terri-
tory with due knowledge.
6. Constitutional considerations.Association by virtue of a treaty or
bilateral aereement affectine the status of the Territorv. takine into
nscount $11\rhetlicr the ion~ritutionr<lgiiarrlnl~~.~ cxrend cqusllv to tlic
as>oci;itcJ Territory, (ii,\vlictli~:rtlierc arc 11u\icrs iiic-rrtaiii iiiatt~.rs
ronstitiitioti;ill\~rrxbr\11to the 'Tcrritorvnr to tlir seritrnl autliorit\,. alid
(iii) whether there is provision for the participation of the ~errit&y on
a basis of equality in any changes in the constitutional system of the
State.
B. Status.
r. Legislative representation. Representation without discrimination
in the central lee-slative orea-s on the same basis as other inhabitants
and regions.
2. Participation of the population. Effective participation of the
population in the government ofthe Territory: (a) 1sthere an adequate
and appropriate electoral and representative system? (b) 1s this elec-
toral system conducted without direct or indirect interference from a
foreign government?'
3. Citizenship. Citizenship without discrimination on the same basis
as other inhabitants.
4. Governmentoflcials. Eligibility of officiais from the Territory to al1
public offices of the central authority, by appointment or election, on
the same basis as those from other parts of the country.
C. Infernal Constitutional Conditions.
I. Suffrage. Universal and equal suffrage, and free periodic elections,
characterized by an absence of undue influence over and coercion of the
voter or ofthe imposition of disabilities on particular political partiesZ
Far example, the following questions would he relevant:
(i) Has each adult inhahitant equal power (subjïct to spocial safeguards for
minorities) to determine the character of the government of the Territory?
(ii)and coercion of the voter and of the imposition of disabilities on particularver
political parties?
Same tests which can be used in the application of thiç factor are as follows:
(a) The existence of effective measureç to ensurethe democratic expression of
the will of the people;
(b) The existence of more than one political party in the Tenitary;
(c) The existence of a secret ballot;
(d) The existence of legal prohibitions on the exercise of undemocratic practices
in thecourse of elections:
(e) The existencefor the individual elector of a choice between candidates of
differing political parties:
If) The absence of "martial law" and similar measures at election times;
(iii)1scach individual free to express his political opinions. to suppoor oppose
any political party orcause,and to criticire the government of the day?
For example. the foiiowing tests would berelevant:
(a) The existence of effective measures to ensure the democratic expression of the
will of the people;
(b) The existence of more than one political party in the Territory; ANXEXES TO THE COUXTER-MEhlORIAL I39
2. Local righdsand statzas.In a unitary system equal rights and status
for the inhabitants and local bodies of the Territory as enjoyed by
inhabitants and local bodies of other parts of the country; in a federal
system an identical degree of self-government for the inhabitants and
local bodies of al1parts of the federation.
3. Local oficials. Appointment or election of officiaisin the Territory
on the same basis as those in other parts of the country.
4. Interna1 legislation. Local self-government of the same scope
and under the same conditions as enjoyed by other parts of the countr 1:
5. Economic, social and cultural jurisdiction. Degree of autonomy in
respect of economic. social and cultural affairs, as iilustrated by the
degree of freedom from economic pressure as exercised, for example, by
a foreign minority group which, by virtue of the help of a foreign Power,
has acquired a privileged economic status prejudicial to the general
economic interest of the people of the Territory; and by the degree of
freedom and lack of discrimination against the indigenous population
of the Territory in social legislation and social developments.
Avtnex V (19)
GEXERAL .L\SSEMBLY RESOLUTIO 752(VIII)
Attainment by the Tmst Temtories of the Objective of Self-Government
or Independence
TheGeneralAssembly,
Recalling its resolution 558 (VI) of 18 January 1952, by "hich it
invited the Administering Authority of each Trust Territory other than
Somaliland under Italian administration to include in each annual report
information conceming measures taken or contemplated tocvards self-
government or independence and, iuter alia, the estimated period of
time required for such measures and for the attainment of the ultimate
objective,
Having receivedfrom the Administering Authorities concerned annual
reports covering periods subsequent to 18 January 1952in respect of al1
except one of the Tnist Territories, namely the Territories of Western
Samoa, New Guinea, Kauni, Tanganyika, Ruanda-Unindi. Togoland
under British administration, Togoland under French administration and
the Cameroons under French administration,
Noting that the Administering Authorities have not provided in these
annual reports the information requested in resolution 558 (~.),. .
~otin~,-however, that the ~dministerin~ Authority of Western Samoa
has declared its intention1 to initiate in 1954 consultations among the
(c) The existence of a secret ballot:
(d) The existence of legal prohibitions on the exercise of undemacratic practices in
the courseof elections;
(e) The existence for the individual electar of a choice between candidates of
diferin".oolitical riarties:
(8) Freedomenof each individual to express his political opinions, to support or
oppose any political part" or cause. and to criticire the ~overnment of theday.
.. . - . . .
' See Officielecords otthe Gencral Ass~mbly, eighth session, Suppl. 4.p. 64. XORTHERSCA>lEROOSS
'40
representatives of the inhabitants leading to the establishment of a self-
goveming State.
1. Reafirms resolution 558 (VI) of 18January 1952;
z. Comnzends to the Administering Authorities of the other Trust
Territories the exarnple provided by the Administenng Authority of
Western Samoa in inviting the inhabitants themselves in 1954to lormn-
late proposals for the establishment of a self-governing State;
3. Regueslsthe Trusteeship Council to include in its next and succeed-
ing reports to the General Assembly a separate section dealing with the
implementation of resolution 558 (VI) and the present resolution,
specifying in particular the measure taken in respect of:
(a) Consultations with the inhabitants of each Trust Territory in regard
to the measures taken or contemplated towards self-government;
(6) The development in each Trust Territory of representative, execu-
tive and legislative organs and the extension of their powers;
(c) The development in each Trust Territory of universal adult suffrage
and direct elections;
(d) The training and appointment of indigenous persons in each Trust
Territory for positions of responsibility in the administration;
(e) The development of adequate public revenue; and stating in each
case its conclusions and recommendations in the light of resolution
558 (VI) and tlie present resolution.
471" tplenarymeeting,9 December1953.
Annex V (20)
GESERALASSEMBLY RESOLUTIO7 S56 (VIII)
Report of the Trusteeship Council
The GeneralAssembly,
I. Takes note of the report1 of the Trusteeship Council covering the
penod 4 December 1952to 21 July 1953;
z. Recommendsthat the Trusteeship Council.in itsfuture deliberations,
take into accoiint theco~nmentsand suggestions made in the course of
the discussion of the report of the Council at the eiglith session ofthe
General Asseinbly.
471~1plenary meeting,9 DecemberIgj3.
Annex V (21)
GESERALASSEXBLY RESOLUTIOS Xj7 (IX)
Report of the Trusteeship Council Coveringthe Period from 22 July 1953
to 16July 1954
The GeneralAssembly,
I. Takes note of the report of the Trusteeship Council covering the
period 22 July 1953to 16July 19j4;
1 Ofi~ial RecorO/ the Gcncval Asrernbly. eighth session, Supq.. So.
Ibid.ninthsessionSuppl. So.q. ASSEXES TO THE COUSTER-AlE,\fORIAL I4I
2. Recomnrends that the Council, in its future deliberations, take into
account the comments and suggestions made in the course of the discus-
sions of its report at the ninth session of the General Assembly.
512th filennrymeeting, 14December1954.
Annex V (22)
GENERAL ASSEMBLY RESOLUTION 858 (IX)
Attainment by the Trust Territories of the Objective of Self-Government
or Independence
TheGeneralAssembly,
Recalling its resolution 558 (VI) of 18 January 1952 by which it
invited the Administering Authority of each Trust Territory,other than
Somaliland under Italian administration, to include in each annual report
information concerning measures taken or contemplated towards self-
govcrnment or independence and, inter alia,the estimated period of
time requircd for such measures and for the attciinrnent of tlie ultimate
objective,
Recallinglurther its resolutio752 (VIII) ofgDecember 1953 by "hich
it requested the Trusteeship Council to include in its next and succeeding
reports to the General Assembly a separate section dealing with the
implementation of resolutions 558 (VI) and 752 (VIII), specifying the
vanous measures taken or contemplated towards self-government or
independence and stating in each case its conclusions and recommen-
dations in the light of these resolutions,
Considering that one of the most effective means ofassisting the peoples
of the Trust Territories to achieve the objectives setorth in Article76 6
of the Charter is to provide them with an opportunity to obtain experi-
ence in the work of government and administration by participation in
representative bodies with adequate powers to carry out suc11work,
I. Notes with s<rtis/actionthat, in response to the request of the
General Assembly, the Tmsteeship Council has included in its report
covering the period from zzJuly 1953 to16 Jiily1954 a separate Section'
dealing with the nttainment by the Trust Territories of the objective
of self-governmentor independence;
z. Notes, howeuer.that the Council has not formulated in this report
any conclusions or recommendations on the measures taken or confem-
plated towards self-government or independence;
3.Expresses the hope that the Council ivill include its conclusions and
recommendations on this auestion in its next and succeedine reports to
the General Assembly; '
4. Recommends tbat the Council instruct its visiting missions to give
special attention in their reports to the Council tothe question of attain-
ment by the Trust Territories of self-government or independence in
the light of resolutions 558 (VI) and 752 (VIII) and of the present
resolution;
' Official RecorO/ the General Assembly, ninth session. SupSo. 4,p. 279
CIreq.142 SORTHERN CAMEROONS
5. Recwnmendsto the Administenng Authorities that, asa means to
facilitate an approximate determination of the date on which the
populations of the Tmst Territories would be prepared for self-govern-
ment or independence, they should intensify their efforts to the utmost
to bring about the establishment of new representative organs of govem-
ment and administration in the Tmst Territories, with increasing
participation therein by indigenous elements of those Territories, or to
develop on the same basis organs of that type already in existence; that
they should ensure that the nature and powers of these organs reflect
the special status conferred on the Trust Territories by Chapter XII of
the Charter and by the Trusteeship Agreements; and that they should
hasten the attainment of the objectives set forth in Article 76of the
Charter.
512th plenary meeting,14 Decentber1954.
GEXERAL ASSEMBLY RESOLUTIO9 N46 (X)
Attainment by the Trust Territories of the Objective of Self-Govemment
or Independence
TheGeneralAsscmbly,
Recalling that, by its resolutions 558 (VI) of 18 January 1952, 752
(VIII) of 9 December 1953and 858 (IX) of 14December 1954,it invited
the Administering Authority of each Tmst Territory, other than Somali-
land under Italian administration, to include in each annual report
information concerning mesures taken or contemplated towards self-
government or independence, and estimates of the periods of time
required for such measures, and requested the Trusteeship Council to
include in each of its reports to the General Assembly a separate section
dealing with the subject and stating in each case its conclusions and re-
commendations.
Noting wilh regret the omission from the report ' of the Council
covering the period from 17 July 1954 to 22 July 1955 of the separate
section envisaged by the above-mentioned resolutions,
Noting furtherthat the Council, by its resolution 1254(XVI) of 19July
1955. decided to instruct each of its drafting committees on the annual
reports concerned, beginning from its seventeenth session, to prepare,in
the course of its regular functions and in the light of General Assembly
resolutions 752 (VIII) and 858 (IX), appropriate draft conclusions and
recommendations conceming the question of the attainment by the
Temtory of self-government or independence,
1.Draws the attention of the Tmsteeship Council to the importance
which the General Assembly continues to attach to the question of the
attainment hy the Trust Temtones of the objective of self-government
or independence;
2. Requeslsthe Council to ensure that the procedure devised by it for
dealing in future with this question will enable it to comply fully. with
the termsofthe relevant General Assembly resolutions and, accordingly.
' OpcialRecordsO/ the GcnerAssembly, tenth session. Suppl. 4o(Alz933). ANNEXES TO THECOUNTER-JIESIORIAL I43
to include in its next and succeeding reports to the Assembly a separate
section containing the information indicated in those resolutions and the
conclusions and recommendations of the Council thereon.
557th plennvymeeting,15 December1955.
Annex V (24)
GENERAL ASSEMBLY RESOLUTIO9 N48 (X)
Report of the Trusteeship Council Coveringthe Period from 17 July 1954
t022 Ju?~ 1955
The GeneralAssembly,
1.Takes note of the report' of the Trusteeship Council covering
the period from 17 July 1954 to 22 July 1955;
z. Recommendsthat the'rmsteeship Council,initsfuturedeliberations,
takeinto account the comments and suggestions made in the courseofthe
discussion of its report at the tenth session of the General Assembly.
jj7th plenavy meeting,15 DecemberIgj5.
Annex V (zj)
GENERAL ASSEMBLY RESOLUTIO1 N064 (XI)
Attainment of Self-Government or Independence by Trust Territories
The General Assembly,
Taking into account that, in accordance with the principles of the
Charter of the United Nations, one of the basic objectives of the Inter-
populations of Trust Territoriestowardsself-governmentor independence,
Taking into accountthat, under General Assembly resolution 289A (IV)
of 21 November 1949, the Trust Territory of Somaliland under Italian
administration is to attain complete independence by 1960, and that. in
accordance with Geiieral Assembly resolution 1044 (XI) of 13 December
1956, the Trust Territory of Togoland under British administration isto
attain independence in 1957 through union with an independent Gold
Coast.
~ecczllin~that the General Assembly, in its resolution 558 (VI) of
18 January 1952, invited the Administering Authority of each Trust
Territory to determine the period of time in-ivhich it ivas expected that
the Trust Temtory concerned should attain self-government or independ-
ence. and also taking into account that this question has been repeatedly
discussed at subsequent sessions of the General Assembly,
Noting that the Trusteeship Council, in its report to the eleventh
session of the General Assembly 2,drew the attention of the Assembly
OflicialRecorof IhCenevalAsrembly. tenth session. Suppl.4N(A/2933).
Ibid.eleventh sessioSuppl.So. 4(A13170).I44 SORTHERSCAIIEROOSS
to the fact that up to now the Administering Authorities have not fixed
such time-limits,
Attaching great impwtance ta the fixing of definite time-limits for the
termination of tmsteeship in Trust Territories and for the granting of
self-government or independence to the peoples of these Territones,
I. Recommendsthat the Administering Authorities take the necessary
measures ta ensure tliat the Tmst Ter1-itoriesof Tanganyika, the Cam-
eroons under Britisli administration, the Cameroons under French
administration, Togoland under French administration and Ruanda-
Umndi achieve self-government or independence at an early date:
z. Invites the Administering Authorities to estimate the period of
time required forthe attainment of self-government or independence by
al1 Trust Territories, in conformity with General Assembly resolution
558 (VI) of 18 January 1952 and the present resolution;
3. Invites the Administering Authorities to submit appropriate
information to the Trusteeship Council at its nineteenth and twentieth
sessions on the implementation of paragraphs I and 2 above;
4. Requeststhe Trusteeship Council to report to the General Assembly
at its twelfth session on the progress made in implementing the prrsent
resolution.
661st plenary meeting,26 February I957.
Annex V (26)
GEKERAL ASSEMBLY RESOLUTIO1 X066 (XI)
Report of the Trusteeship Council Coveringthe Period from 23 July 1955
t0 14 August 1956
TlteGeneralAssembly,
Hauing examined the report of the Trusteeship Council covenng the
period from 23 July 1955ta 14.4ugust 1956 ',
1. Takes noteof the report of the Trusteeship Council;
2. Recommendsthat the Trusteeship Council, in its future delibera-
tions, take into account the comments and suggestions made in the course
of the discussion of the report at the eleventh session of the General
Assembly.
661st plenary meeting,26 Febrnary 1957.
Annex V (27)
GENERAL ASSEXBLY RESOLUTIO1 X205 (XII)
Report of the Trusteeship Council Covering the Period from 15 August
1956 to 12 July 1957
TheGefreralAssembly,
Having examined the report of the Tmsteeship Council covering the
period from 15 August 1956 to 12 July 1957 2,
' Oficiol RecorofCheGentral Assembly, eleventh sen,ppl. No. 4 (A/3170).
Ibid.twelfth sessio.upplNo. 4 (Al3595and Corr.1). ANNEXES TO THECOUNTER-BIEJIORIAL I45
I. Takes note of the report of the Trusteeship Council;
z. Recommendsthat the Trusteeship Council,in its future deliberations.
take into account the comments and.suggestions made in the course of
the discussion of the report at the twelfth session of the General
Assembly.
729thfilenary meeting,13 December1957.
Annex V (28)
GENERAL ASSEMBLY RESOLUTION 1207 (XII)
Attainment of Self-Government or Independence by Trust Territories
The GeneralAssembly,
Consideringthat, in accordance with the provisions of Article 76 b of
the Charter of the United Xations, one of the basic objectives of the
International Trusteeship System is the progressive development of
the inhabitants of Trust Territories towards self-government or indepen-
dence,
Recalliftg that the General Assembly, in its resolution jj8 (VI) of
18 January 1952, invited the Administering Authority of each Trust
Territorj~, inter alia, to estimate the period of time in ivhich the Trust
Territories concerned would attain self-government or independenc-
Recalling also that the General Assembly, in its resolution 1064 (XI)
of 26 February 1957,recommended that the Administering Authorities
concerned take the necessary measures to ensure that the Trust Terri-
tories of Tanganyika, the Cameroons under British administration, the
Cameroons under French administration. Togoland under French adminis-
tration and Ruanda-Urundi achieve self-government or independence
at an early date, and further invited the Administenng Authorities
concerned to estimate the period of time required for the attainment of
self-government or independence by al1Trust Territones, in conformity
with General Assembly resolution jj8 (VI),
Having examined Part III of the report of the Trnsteeship Council '.
Noting with satisfactionthat the Trusteeship Councilhas recommended
that the Administenng Authorities indicate such successiveintermediate
. targets and dates on the political, economic, social and educational
development of the Trust Territories as will create the pre-conditions for
their attainment of self-governnient or independence,
Noting with disa$$ointment that the Administering Authorities
concerned have not yet submitted the estimates of the periods of time
required by theTrust Territories fortheattainment of the finalobjective
of trusteeship, namely, self-government or independence,
Consciousof the importance of estimating the time required for the
attainment by Trust Territories of sel[-government or independence,
I.Reafirms its resolutions 558 (VI) of 18January 19jz and 1064 (XI)
of26Febma1y rgj7 and once again invites the Administering Authorities
to implement the terms of those resolutions;
' Oficial Recoroffh GcnernlAsrembly, rwelfth session. Suppl.4N(A13595
and Corr. 1).14~ NORTHERS CAMEROONS
z. Requeststhe Trusteeship Council to report to the General Assembly,
at its thirteenth session, on th.vr-mess made in irn~lementine-.e Dresent
resolution.
729thPlenarymeeting, 13 December1957.
Annex V (29)
GENERAA LSSEMBLY RESOLUTIO 1N211 (XII)
Situation in the Trust Territones of the Cameroons under British Ad-
ministration and the Cameroons under French Administration '
TheGeneral.Assembly,
Haviizgstudied the chapters of the report of the Trusteeship Council
which relate to the Trnst Territories of the Cameroons under British
administration and the Cameroons under French administration
Noting continued tensions and disturbances in a certain area of the
Cameroons under French administration,
Noting the fact that the amnesty law envisaged hy the Administering
Authority has not yet been promulgated,
Taking note of the progress achieved in hoth Territories and of the
measures to that effect adopted by the Administering Authorities and
by the authorities of both Cameroons,
Havinglteardandconsideredthestatements ofthe petitioners from these
Territories in the course ofthe hearings granted by the Fourth Committee,
Bearing in mind that the Trnsteeship Council will, in the normal
course, send a visiting mission to the two Territories in 1956.
I.Takes noteof the pertinent chapters of the report of the Trusteeship
Council;
2. Sransmils the statements of the petitioners to the Trnsteeship
Council for further study;
3. Recommendsthat the ~rnsteeshi~ Council take into account the
observations and suggestions made during the dehate in the Fourth
Committee. when the Councilconsidersconditions in the Trust Temtones
of the ~ameroons under British administration and the Cameroons
under French administration at its twenty-first session;
4. ExPressesthehopethat,as a result of the application of appropriate
measures. in ~articular the earlv ~romul~ation of the amnestv law bv the
Administ'erini Authority. and'the renlnciation of the useof vioience
by ail political parties, it will be possible to achieve, in the Cameroons
under French administration. conditions conducive to the earlv restora-
tion of a normal situation in'the disturbed area, and to the fukherance
of democratic progress and political activities in the Territory;
Gcncrdl i\sseniblg altcr c.irisi<lcrstim rerarrof the FourthCcmniitrer,bFor
tlir text ufthe report. see OfiRtrmds of ~hrGvtrra.4rrcnlllyrwcllth rc;.jion.
annexes. agenda item 13, do=. A13779.
OficialRecofdsof theGen~rnlAssembly, twelfth session. Suppl. N4.(Ai3595
andCorr. 1)Part II. chapsIV and V. AKNEXES TO THE COUNTER-MEMORIAL I47
5. Isconfidentthat the appropriate steps to be taken by the Adminis-
tering Authorities will further facilitate the realization inboth Territories
of the final objectives of the TmsteeshipSystem, in accordance with the
free expression of the wishes of the populations concerned, taking into
account any alternative relative to their future status:
6. Requeststhe Trusteeship Councilto instruct itsnext visiting mission,
in 1958, to take into account the observations and suggestions made at
the twelfth session of the General Assembly during the examination of
the situation in the twoTerritories.
729th ple~inrymeeting,13 December1957.
A?znexV (30)
GEYERAL ASSEMBLY RESOI.UTION 1274 (XIII)
Attainment of Self-Government or Independence by Tnist Territories
The General Assembly,
Recalling its resolution 558 (VI) of 18 January 1952 and subsequent
resolutions on the same subject, inviting the Administering Authority
of each Trust Territory, inter alia, to estimate the period of time in
which it would attain self-government or independence, and recom-
mending that the Administering Authorities takethe necessary measures
for the attainment of this goal at an early date,
Having examined Part 1, Chapter V, of the report of the Trusteeship
Council ',
1.hTotesthat by the measures already taken or to be taken by some
Administering Authorities in consultation with the United Nations and
tration, theofCameroons under United Kin dom administration, theadminis-
Cameroons under French administration, gomaliland under Italian
administration and Western Samoa under New Zealand administration,
are expected to achieve in 1960the objective of the Trusteeship System
laid down in Article 76 b of the Charter of the United Nations;
2. Invites the Administering Authorities concerned to formulate, in
respect of the remaining Tmst Territones, early successive intermediate
targets and dates in the fields of political, economic, social and edu-
cational development of these Territories so as to create, as soon as
possible, the pre-conditions for the attainment of self-government or
independence ;
3. Reafirms its resolutions 558 (VI) of 18 January 1952, 1064 (XI) of
26 February 1957, 1207 (XII) of 13 December 1957 and other pertinent
resolutions on thesame subject, and once again urges the Administering
Authorities to implement the terms of those resolutions;
4. Requeststhe Trusteeship Council to report to the General Assembly
at its fourteenth session on the progress made in implementing the
present resolution.
782nd 9lenary meeting, 5 December1958.
OfFciaRecordsof theGeneralAsrembly,thirteenth seSuppl.No. 4 (AI3822).
Vol. 1.
II SORTHERS CAMEROOSS
Annex V (31)
GESERALASSEMBLY RESOLUTIOS 1280 (XIII)
Report of the Tmsteeship Council
TheGeneralAssembly,
Having examined the report of the Trusteeship Council covering the
work of its twenty-first and twenty-second sessions ',
1.Takes noteof the report ofthe Trusteeship Council;
z. Recommendsthat the Trusteeship Council,in itsfuture deliberations,
should take into account the comments and suggestions made during
the discussion of its report at the thirteenth session of the General
Assembly.
78znd plenary meeting, j DeCernDe1 r958.
Annex V (32)
GESERAI.ASSEMBLY RESOLUTIO1 N281 (XIII)
Resumption of the Thirteenth Session of the General Assembly to Con-
sider the Question of the Future of the Trust Territories of the Cameroons
under French Administration and the Cameroons under United King-
dom Administration
TheGeneral Assembly ,
Decides to resume its thirteenth session on 20 February 1959 to
consider exclusively the question of the future of the Trust Territories
of the Cameroons under French administration and the Cameroons under
United Kingdom administration.
782ndplenary meeting. j December1958.
Annex V (33)
GEXERAL ASSEMBLY RESOLUTIO1 S282 (XIII)
Question of the Future of the Trust Temtories of the Cameroons under
French Administration and the Cameroons under United Kingdom
Administration
TheGeneralAssembly,
Having considerad the memorandum dated 12 Novernber 1958 of the
Government of France conceming the future of the Cameroons under
French administration,
Noting the statement made by the representative of the United King-
dom of Great Britain and Northern Ireland3 to the Fourth Committee
'Oficiol Recordsof the Gcneral Aas~m6ly. thirteenth session, SuppSo. 4
(A13822).
' ~-1bida..nexes.agenda item r3.doc.A/C.+/3S8
'Ibid..Fmrth Committee, 8ojrdmeeting. ASSEXES TOTHECOUNTER-&lEZIORIAL I49
on 15 Sovember 1958 concerning the future of the Cameroons under
United Kingdom administration,
Nolilig the statements made by the representative of France, Prime
Afinister of the Cameroons under Frencli administration, to the Fourth
Committee on II November 1958 'and oii 14 Sovember 1958 and the
wishes expressed by the Legislative Assembly of the Cameroons in its
resolution of 24 October 1958,
Hauing heardthe petitioners on the conditions in the Trust Territories
of the Cameroons under French administration and the Cameroons
under United Kingdom administration j,
Recalling that a visiting mission of the Trusteeship Council is now in
the said Temtories, in pursunnce of Coiincil resolutions 1907 (XXII)
of 28 July 1958 and 1924 (S-IX) of 7 November 1958 adopted by the
Councilatits twenty-second sessionand nintli specialsession,respectively.
I. Notes the declarations of the Government of France' that the
Cameroons under French administration is to achieve independence
on I January 1960, thus fulfilling the objectives of the Tmsteeship
System;
2. Notes the statement made by the representative of the United
Kingdom of Great Britain and Xorthern Ireland that the Cameroons
under United Kingdom administration is expected to achieve in 1960
the objectives set forth in Article 76 b of the Charter of the United
Nations;
3. Requests the Trusteeship Council ta examine, as early as possible
during its twenty-third session,the reports of the United Nations Visiting
Mission to Trust Territories in West Africa, 1958, and to transmit the
same, with its observations and recommendations, to the General
Assembly not later than 20 February 1959, to enable the Assembly,
in consultation with the Administering Authorities, to take the necessary
measures in connection with the full nttainment of the objectivesof the
Tmsteeship System in the two Territories.
782nd pleiiary meeting; jLlecember1gj8.
GEKERAL ASSEJIBLY RESOLUTIO1 S350 (XIII)
The Future of the Trust Territory of the Cameroons under United
Kingdom Administration
The GeneralAssembly,
Recalling its resolution 1282 (XIII) of 5 December 1958 requesting
the Trusteeship Council to examine, as early as possible during the
twenty-third session, the reports of the United Nations Visiting Mission
'Official Rccmdsofthe GcrzcralAssembly, thirteenth sessFourthCommittee,
794th meeting.
Ibid.. 800th meeting.
Ibid.. 775th. 776th. 779th. 780th. 792th. 807th and 808th meetings.
' Ibid., thirteenth session, anneagenda item 13,doe. A/C.4/j88.
Ibid. Fourth Committee. 803rd meeting.I5O SORTHERS CAUEROOSS
to 'l'riist 'Tcrritoric; in \\'est :\frica. ii)5S. on rlic C;iiiicrooni iiiidcr
Frcrirh a(lministr;ition and the L'amcroon; uiidcr Cnited iiing<lom
adriiiriiitrntion, aiiil to tr;iiisiiiit thcni, \vitli its obser\,:itioris and reconi-
ineii<latir~ns.to the Gcnïral :\sicrnbly not 1arcr tti;in ?O Fcbriiary iqs<),
tu crinl>lcthe :\j;ciiibl!., iriconsultation iritli tlic :\driiiriistering :\utliori-
tic;, to tnk,: t1.c iicccjj;iry riieasiireiiiconiicctiuii wirti tlie 1111attain-
iiirritof tlie obit-ctiveî nf tlie 'îru~tcc.i.ii.S\.stciii.
Hauing examined, iri consultation with the Administering Authority,
the special report of the Trusteeship Council ', as well as the report of
the Visiting JIission oii the Cameroons under United Kingdom adminis-
tration
Noting the statements made iii the Fourth Committee by tlie repre-
sentatives of the Administering Authority, by the Premier of the
Southem Cameroons, by the Leader of the Opposition in tlie Southern
Cameroons House of Assembly, and by the hIinister for Northern
CameroonsAffairs in the Government of the iqorthern Kegionof Xigeria3,
I. Recommends that the Admini~t~rine Authoritv. in Dursuance of
Artirlc. 76 bof tlie Charter of tlic Liiiited S:itioiii, tikc sr&. in consiil-
t:itiori with 3 Unircd Sntions I'lrbisciti. Coiiiinijiioiii:r. to organiz~,
undcr rticsiinr7rvisionof the Ciiitcd Satioiis. if:i>:ir;itcnlebijcit~~~in the
northern and southern parts of the ~ameroons Lnder Ûnited Kingdom
administration, in order to ascertain the wishes of the iiihabitants of
the Territory concerning their future;
2. Recommendsfzivtherthat in the northern part of tlie Territory the
plebiscite should take place about tlie middle of November 1959, that
the people of the northern part of the Territory should be asked:
"(a) Do you wish the Northern Cameroons to be part of the
Northern Region of Nigeria wheu the Federation of Nigcria be-omes
independentTor
(b) Are you in favour of deciding the future of the Nortliern
Cameroons at a later date?"
andthat the plebiscite should be conducted on the basis of the electoral
register at present being com~iled for the elections to tlie Federal House
ofuRepreseitatives;
3. Recaçnmendsfurther that the plebiscite in the southern part of the
Temtory should be conducted during the next dry season between the
beginning of December 1959and the end of April 1960;
4. Decides that the two alternatives to be put to the people of the
southem part of the Territory and the qualifications for voting in the
plebiscite there should be considered by the General Assembly at its
fourteenth session;
5. Expressestheho ethat al1concerned in the Territory willendeûvour
to reach agreement gefore the opening of the fourteenth session of the
' Ofidal Re~ords oi lhc Cetrerol Asse>nblv. thirteenth session. annexes,.genda
item ï3, doc. ~/4094.' ,.
Ofiçial Records 01Ihe TIUIILCS~IC ~OU~ICItIr,enty-thirdsession. Suppl. So. z
(Tl1440). docs. T/r426 and Add. r.
' See Oflicial Recordsof IhcGcncral Assemoly, thirteenth sessionF.ourth Com-
mittee. 846th. 847th. 849th and 850th meetings. ASSEXES TO THE COUSTER-JIEYORIAL IjI
General Assembly on the alternatives to be put in the plebiscite in the
Southem Cameroons and the qualifications for voting in it;
6. Decides to appoint a United Nations Plebiscite Commissioner who
shall exercise, on behalf of tlie General Assembly, al1 tlie Iiecessary
powers and functions of supervision, and who shall be assisted by
observers and staff to be appointed by the Secretary-General in consul-
tation with him;
7. Requests the United Nations Plebiscite Commissioner to submit to
the Trusteeship Councila report in twoparts on the organization.conduct
and results of the plebiscites, the first part of the report, which shall
deal with the northern part of tlie Territory, to be submitted in time for
transmission to tlie General Assembly for consideration before the
end of its fourteenth session;
S. Reguests the Trusteeship Council to transmit ta it the reports of
the United Xations Plebiscite Commissioner, together with any
recommendations and observations it considers necessary.
794th$lelrarymeeting,13 Murch 19.59.
At ils 794thplenary meetitzg,on 13 Mnrch ryjy, theGerieralAssembly,
voiifzgby secret ballot. elecieMr. Djalal Abdoh (Iran) Uxitcd Nalio~ts
I'lebisciteCommissio~zer.
Aririex V (35)
GENEKAL ~\SSI~>!BI.Y ~<ESOLUTIOS13j2 (XIV)
The Future of the Trust Territory of the Cameroons under United King-
dom Administration: Organization of the Plebiscite in the Southern
Part of theTemtory
The GerteralAssembly.
Recallingits rcsolution 1350 (SIII) of 13 Xarch 1959 concerning the
future of the Trust Territory of the Cameroons under United Kingdom
administration, which espressed the hope that al1 concerned in the
Territory would ende;ivour to reach agreement before the opening of
the fourteenth session of the Cencral Assembly on the alternatives to
be put in the plebiscite in the Southern Cameroons and the qualifications
for voting in it,
hToting the statements made by the representativc of the Adminis-
tering Authonty, by the l'remier of the Southem Cameroons and by the
Leader of the Opposition in the Southern Cameroons House of Assembly
to the effect tbat no agreement was reached before the fourteenth
session of the General Assembly as to the altematives to be put in the
plebiscite and the qualifications for votinginit,andthat a postponement
of the plebiscite in the Soiithern Cameroons to a later date would help
to establish more favourable conditions for ascertaining the freely
expressed wishes of the population,
Noting the opiiiions espressed during the debate on this question at the
fourteenth session of the General Asscmbly ',
' OfliciRecovdsO/ the Genenil dsserdlfourteenth session, Fourth Cornmittee.
885th to Sggth and goist to gojrd nieetings.152 SORTHERSCAMEROOSS
Noting thestatements made bythe Premier of the Southern Cameroons
and by the Leader of the Opposition in the Southern Cameroons House
of Assembly at the 898th meeting of the Fourth Committee on 7 October
'959.
1. Decides that the arrangements for the plebiscite referred ta in
General Assembly resolution 1350 (XIII) shall begin on 30 September
1960, and that the plebiscite shall be concluded not later than Narch
1961 :
2. Recommends that the two questions to be put at the plebiscite
should be:
"(a) Do you wish to achieve independence by joining the inde-
pendent Federation of Xigeria?
(6) Do you wish to achieve independence by joining the inde-
pendent Republic of the Cameroons?";
3. Recommendsthat only persons born in the Southem Camer6ons or
one of whose parents was born in the Southern Cameroons should vote
in the plebiscite;
4. Recommends that the Adininistering Authority, in consultation
with the Government of the Southern Cameroons,takesteps to implement
the separation of the administration of the Southem Cameroons from
that of the Federation of Nigeria not later thanI October 1960.
829th Plenarymeeting,16 OcloberIgjg.
Annen V (36)
GENEUAL ASSEMRLY RESOLUTIO1 N409 (XII7)
Report of the Trusteeship Council
The GeneralAssembly,
Having examined the report of the Trusteeship Council covering the
period from 2 August 1958to 6 August 1959',
1.Takes noteof the report of the Trusteeship Council;
2. Recomme~tds that the Trusteeship Council,in its future deliberations,
should take into account the comments and suggestions made during the
discussion of itsreport at the fourteenth sessionof the General Assembly.
846thfilenary meeting,j Decemberrgjg.
GENERAL ASSEMBLY RESOLUTIO1 N113 (XIV)
Attainment of Self-Government or Independence by Trust Territories
The GeneralAssembly,
Consideringthat the basic objective of the International Trusteeship
System under the Charter of the United Nations is the progressive
development of the inhabitants of Trust Territories towards self-govern-
ment or independence,
' Offi~ialRecordso/lheCcncrolAssembiy, fourteenthsessionSo. 4(hlqroo). ASXEXES TO THECOUSTER->fEJIORlAL I53
Recalling its resolutions 558 (1'1)of 18 January 1952, 1064 (XI) of
of 5 December 1958, 1207 (XII) of 13 December 1957 and 1274 (XIII)
Notine with satisfaction tliat the dates for the attaininent of inde-
of ~o~oland under French administration, the Cameroons
under French administration and Somaliland under Italian adminis-
tration have already been set,
Noti~~gfurther that the time-table proposed by the Administering
Authority provides for the attainment of independence by Western
Samoa under New Zealand administration in the course of 1961, and
that processes leading to the termination of trusteeship over the Cam-
eroons under United Kingdom administration in 1961 have already
been set in motion,
Believing that the formulation of plans and targets in advance can
assist in the acceleration of the progress of the inhabitants of Tmst
Temtones towards independence,
Consideringthereforethat at thisstage it is both necessary and desirable
to foresee the course of developments leading to theattainment of inde-
pendence by the Trust Territories of Tanganyika and Ruanda-Urundi
in the near future,
Having examined Part 1, Chnpter V. of the report of the Trusteeship
Council ',
I. Reqneststhe Administering Authorities concerned to propose, after
consultation with the representatives of the inhabitants, for the consider-
ation of the General Assembly at its fifteenth session, time-tables and
targets for the attainment of independence by the Trust Territories of
Tanganyika and Ruanda-Urundi in the near future;
2. Invites the Administering Authorities concerned to formulate, in
respect of the remaining Trust Territones, early successive intermediate
targets and dates in the fields of political, economic, social and edu-
cational development so as to create, as soon as possible, favonrable
conditions forthe attainment of self-government or independence;
3. Requeststhe Trusteeship Couocil, in its examination of the annual
reports submitted by the Administering Authorities and in formulating
the terms of reference of the 1960visiting mission to Trust Territories in
Africa, to keep in view the provisions of the present resolution.
846th Plenary meeting, 5 December1959.
Annex V (38)
GENERAL ASSEMBLY RESOLUTIO1 X473 (XIV)
The Future of the Trust Temtory of the Cameroons under United King-
dom Administration: Organization of a Further Plebiscite in the North-
ern Part of the Temtory
TheGeneralAssembly,
Recalliltgits resolution 1350 (XIII) of 13 March 1959 conceriiing the
future of the Trust Territory of the Cameroons under United Kingdom
' OficioRecordsoftheGeneralAssembly, fourteenth session, Sup4 (AI4100). SORTHERS CAXEROOSS
'54
administration, which recommended that a plebiscite should take place
in the Xorthern Cameroons in November rgjg and requested the United
Nations Plebiscite Commissioner to submit to the Trusteeship Council
in time for consideration by the General Assembly at its fourteenth
session a report on the organization,conduct and results of tliis plebiscite,
Having examined tlie report of the United Nations Plebiscite Com-
missiouer l and the report of the Trusteeship Council thereon Z,
Noting from the report of the United Nations Plebiscite Commissioner
that the people of the Northcrn Cameroons have decided by a substantial
majority that they are in favour of deciding their future at a later date,
Noting further that the United Nations Plebiscite Commissioner is
satisfied that the plebiscite was conducted in a fairand impartialmanner,
Noting the statement made by the representative of the Administcring
Authority at the 968th meeting of the Fourth Committee on 5Ilecember
~gjq to the effect that urgent action is being taken to introduce reforms
in the system of local administration in the Northem Camerooiis,
Haviltg heardthe petitioner,
Consideringthat the estremely closedate of the elections tothe Legis-
lative .4ssembly of the Federation of Xigeria makes it impossible for
the General Assembly totake a decision with regard to the participation
or non-participation of the people of the Northern Cameroons in these
e~e~ ~ ~~~,
I. Ex$resses its high apprecialion of the work of the United Nations
Plebiscite Commissioiierand the United Nations staff under his direction;
2. Recommends tliat the Administering Authority, in piirsuance of
Article 76 b of the Charter of the United Nations and in consultation
with the United Nations I'lebiscite Commissioner, organize uiider
United Nations supervision a further plebiscite in the Northern Cam-
eroons, the arrangements for which sliall begin on 30 September 1960,
and that the plebiscite be concluded not later than hlarch 1961;
3. Decidesthat the two questions tobe put at this plebiscite should be:
"(a) Do you wish to achieve independence by joining the inde-
pendent Repnblic of the Cameroons?
(b) Do you wish to achieve independence by joining tlie inde-
pendent Federation of Nigeria?";
4. Recommends that the plebiscite be conducted on the basis of
universal adult suffrage, al1 those over the age of zr and ordinarily
resident in the Northern Cameroons being qualified to vote;
5. Requeslsthe United Nations Plehiscite Commissionerto report tothe
Trusteeship Council on the organization, conduct and results of this
plebiscite, in order that the Council may transmit its report to ,the
General Assembly togetlier with any recommendations and observations
it considers necessary:
6. Recommendsthat the necessary measures should be taken without
delay for the further decentralization of governmental functioiis and
docs.Al4314Rand Add.f I.eGerteralAsrernbly, fourteenth session. agenda itemqr,
Ibid.. docA/43i3. SORTHERNCAMEROOSS
156
ANNEX
FOR IN ARTICLE 73E OF THE CHARTER OF THE UNITEDNATIONS
Principle I
Chapter XI should be applicable to territories which werenthen known
to be of the colonial type. An obligation exists to transmit information
under Article 73 e of the Charter in respect of such territories whose
peoples have not yet attained a full measure of self-government.
Principle II
Chapter XI of the Charter embodiesthe concept ofNon-Self-Governing
Territories in a dynamic state of evolution and progress towards a
attain a full measure of self-government, the obligation ceases. Until this
cornes about, the obligation to transmit information under Article 73e
continues.
Principle III
The obligation to transmit information under Article 73eof theCharter
constitutes an international obligation and should be carried out with
due regard to the fulfilment of international law.
Principle ITl
Prima facie there is an obligation to transmit information in respect of
a territory which is geographically separate and is distinct ethnically
+nd/or culturally from the country administering it.
Principle V
Once it has been established that such a prima facie case of geograph-
ical and ethnical or cultural distinctness of a territory exists, other
elements may then be brought into consideration. These additional
elements may be, inter alia. of an administrative, political. juridical.
economic or historical nature. If they affect the relationship between the
metropolitan State and the territory concemed in a manner which
arbitrarily places the latter in a position or status of subordination,
they support the presumption that there is an obligation to transmit
information under Article 73 e of the Charter.
IJrincipleVI
A Xon-Self-Governing Territory can be said to have reached a full
measure of self-government by:
(a) Emergence as a sovereign independent State;
(b) Free association with an independent State; or
(c) Integration with an independent State.
Principle VII
(a) Free association should be the result of a free and voluntary choice
by the peoples of the territory concerned expressed through informed ASSEXES TO THE COUSTER-&IE!dORIAL Ij7
and democratic processes. It should he one which respects the individ-
uality and the cultural characteristics of the territory and its peoples,
and retains for the peoples of the territory which is associated with an
independent State the freedom to modify the status of that territory
through the expression of their will by deinocratic means and through
constitutional processes.
(b) The associated territory should have the right to determine its
intemal constitution without outside interference. in accordance with
terms of the iree association agreed upon.
Principle VI11
Integration with an independent State should be on the basis of
complete equality between the peoples of tlie erstwhile Xon-Self-
G~v~rnine Territorv and those of the indeoendent countrv with which
it ii inre~;nred. '1'1ipeop1c.iof bot11tcrritb;it:î sliuiilrlIi;i\tcqiinlst;trus
and riglits oi citi7,cnîhip :,nt1cqii.11gu;ir:intr~s of fiiiid;iniciital rifliti ancl
frtr~luiiis \i.itliui:III!<Ii;tiiirtioii in rlisrriiiiiiintitin; horli il.~uld Iiiivc
r.qii;~lriol,t.; ;aii(loyl>ortiiiiities ior rcprc.sciit:trioii:iiid eifc.:ti\.t:~):irlicil):i-
riun ar :,Il I~.\.clsin IIICCYI.L.II[I\.V I~,.ciil:iti:III~~i~dici:~oIr-nj 01
government.
Principle IX
Integration should have come about in the following circumstances:
(a) The integratingterritory should have attained an advanced stage of
self-government with free political institutions. so that its peoples
would have the capacity to make a responsible choice through in-
formed and democratic processes;
(b) The integration should be the result of the freely expressed wishes of
the territory's peoples acting with full knowledge of the change
in their status, their wishes having been expressed through iuformed
and democratic processes, impartially coiiducted and based on
universal adult suffrage. The United Nations could, when it deems
it necessary, supervise these processcs.
Priizciple X
The transmission of information in respect of Xon-Self-Governing
Territories under Article 73 e of the Charter is subject to such limitation
as security and constitutional considerations may require. This means
that the extent of the information may be limited in certain circumstances.
but the limitation in Article 73 ecannot relieve a llember State of the
obligations of Chapter XI. The "limitation" can relate only to the quan-
tum of information of economic, social and educational nature t~ be
transmitted.
Principle XI
The only constitutional considerations to which Article 73 e of the
Charter refers are those arising from constittitional relations of the
territory with the Administering Membcr. They refer to a situation !n
which the constitution ot the territory gives it self-government inIjS SORTHERS CAAIEROONS
econoniic, social and educational matters through freely elected insti-
tutions. Nevertheless, theresponsibility for transmitting information
under Article ?z e continues. unless these constitutional relations
preclude the G&ernment or parliament of the Administering Member
from receivinc statistical and other information oa technical nature
relating toec6nomic. social and educational conditions in the territory.
Principle XII
Security considerations have not been invoked in the past. Only
in verv exce~tional circumstances can information on economic. social
and educatioinai conditions have any security aspect. In other circum-
stances, therefore, there should be no necessity to limit the transmission
of information on securityrounds
Annez V (40)
GENERAA LSSEMRL YESOLUTIO 1608 (XV)
The Future of the Trust Territory of the Cameroons under United
Kingdom Administration
TheGeneralAssembly,
Recallingits resolution 1350 (>;III) of 13 Afarch 19jg concerning the
administration in which the General Assembly recommended, inler dia,
that the Administering Authority take steps, in consultation with the
United Nations Plebiscite Commissioner for the Cameroons under
United Kingdom adniinistration, to orgaiiize, under the supervision of
the United Xations. separate plebiscites in the northern and southern
parts of the Cameroons under United Kingdom administration, in order
to ascertain the wishes of the inhabitants of the Territory conceriiing
their future, and that the plebiscite in the Xorthern Cameroons be
Iieldabout the middle of November 1959on the basis of the two questions
set out in paragraphz ofthe said resolution,
Recalling its resoliition 1352 (XIV) of 16 October 1959 whereby it
decided. inter ~ilia,tliatplebiscite in the Souttiern Cameroons would
be held between 30 September 1960 and March 1961, on the basis of
the tmroquestions set forth in paragrapzof the said resolution,
Rccalling furlher its resolution 1473 (XIV) of rz December 1959 in
mhich the General Assembly, having considered tlie results of the
plebiscite in the northern part of the Cameroons under United Kingdom
administration, recommended the organization by the Administering
.4uthority. in consultation with the United Nations Plebiscite Com-
missioner, of a further plebiscite to be held in the Northern Cameroons
under United Nations supervision between 30September 1960and March
1961.on tlie basis of the two questions defined in paragraph 3 of the said
resolution,
Having examinedthe report of the United Nations Plebiscite Commis-
sioner concerning the two plebiscites held in the Northern and the South- ASNEXES TO THE COUNTER-AIE\IORIAL I59
ern Cameroons in February 1961 ' and the report of the Trusteeship
Council thereon,
Hauing heardthe petitioners,
1. Expresses ils highnpprecintionof the work of the United Nations
Plebiscite Commissioner for the Cameroons under United Kingdom
administration and his staff;
z.Endorsesthe results of the plebiscites that:
(a) The people of the Northern Cameroons have, by a substantial
majority, decided to achieveindependence byjoining the independent
Federation of Nigeria;
(b) The people of the Southern Cameroons have similarly decided to
achieve independence by joining the independent Republic of
Cameroon ;
3. Considersthal. the people of the two parts of the Trust Territory
Iiaving freely and secretly expressed their wishes with regard to their
respective futures in accordance with General Assembly resolutions 1352
(SI\') and 1473 (SI\' )he decisions made by them through democratic
processes under the supervision of the United Kations should be imme-
diately implemented;
4. Becides that. the plebiscites having been taken separately with
differing results, the Tnisteeship Agreement of 13 December 1946
conceriiing the Cameroons under United Kingdom administration shall
be terminated, in accordance with Article 76 b of the Charter of the
United Nations and in agreement with the Administering Authonty, in
the following manner:
(a) \Lrithrespect to the Northern Cameroons, on I June 1961, upon its
joining tlie Federation of Nigeria as a separate province of the
Xorthern Kegion of Nigeria;
(b) With respect to the Southern Cameroons, on I October 1961. upon
its joining tlie Republic of Cameroon;
5. Invites tlie Administering Authority, the Government of the
Southern Cameroons and the Republic of Cameroon to initiate urgent
discussions with a view to finalizing, beforeI October 1961, the arrange-
ments by which the agreed and declared policiesof the parties concemed
will be implemented.
994thplenary meeting, 21 April 1961.
GENERAL ASSEMBLY RESOLUTIO1 N610 (XV)
Reportof the TrusteeshipCouncil
TheGeneralAssembly,
Hauing receiuedthe report of the Trusteeship Council covering the
period from 7 August 1959 to 30 June 1960 ',
' Otjicial Recordofthe General ilssembly, fifteenth session, annexes, agenda
item 13.addendum. doc. A14727.
Ibid.azenda item n. doc.Al,.,6.
fbid.~;ppl.No. q (Al.+p4).160 SORTHERX CA31EROOSS
I. Takes note of the report of the Trusteeship Council;
2. Recommendsthat the AdministeringAuthorities take account of the
recommendations and observations contained in the report.
995th plenary meeting,21 APril 1961.
Annex V (42)
GENERAL ASSEMBLY RESOLUTIO1 X701 (XVI)
Report of the Trusteeship Council
The General Assembly,
Having receiued the report of the Trusteeship Council covering the
period from I July 1960 to 19July 1961 ',
1. Takes note of the report of the Trusteeship Council;
2. Recolnmendst'hat the Administering Authorities take account of the
recommendations and observations contained in the report;
3. Recommendsthat the Trusteeship Council should consider at its
twenty-eighth session the comments and suggestions which were made,
during the discussion of the report at the sixteenth session of the General
Assembly, regarding the remaining Territories under trusteeship, as
well as the Council's methods of work and procedure, in order to bring
them into accordance with the requirements of the new situation in the
field of the International Trusteeship System.
1083rd Plenary meeting,19 December1961.
Aibnex1:(43)
TRUSTEESHIC POUSCIL RESOI.UTIOS 81(IV)
Committee on Administrative Unions
The Trustecship Council, in order to give early effect to General
Assembly resolution 224 (III) of 18November 1948,
Resolues :
I.That a committee composed of the representatives of six members
of the Council to be appointed by the President shall be established
immediately to undertake forthwith preparatory work with the purpose
of facilitating the investigation by the Council of questions arising in
connection with customs, fiscal, or administrative unions or federations
and common services involving Tmst Territories;
2. That the committee shali:
(a) Draw up an outline of the various aspects of the problem, including
those aspects raised during the discussions of the Tmsteeship
Council and the Fourth Committee and plenary meetings of the
enable the Council to determine the compatibility of existing orwill
Ofi~ial RecovoftheGeneml Assembly,sixteentsession, SupNo. q (A14818). ANNEXES TO THE COUNTER-IIE%IORIAL 161
prouosed unions with the terms of the Charter and the truste es hi^
:\g":enienrs and tlicir eilecrs on ttic po1iric;il.ïconoiiiic. social ;in2
~.duc3rioii~i:lt~l\,anceineiitof ttie inli;iOit:~nts.oii tlie st:,tu; or poli-
tis:tl inrerrrit\.of tticl'ru;t Territriricj. ancloiitlieir séu>r;atçde\~lov-
ment as distinct entities:
information from such ottyersources as it Gay deem appropriate;
(c) Transmit to the Council by I Rlarch 1949 the documentation avail-
able at that date, and report to the Council not later than three
weeks before the opening of the fifth session.
Fozwthmeeting,27January 1949.
Annex V (44)
TRUSTEESHIC POUNCIL RESOLUTIO1 N08 (V)
Terms of Reference for the United Nations Visiting Mission ta Trust
Territories in West Africa
TheTrusteeshipCouncil,
Having appointeda Visiting Missioncomposed of Mr. Pierre R ckmans
of Belgiurn, Mr. Awni Khalidy of Iraq, Mr. Abelardo Ponce Sotelo of
hlexico and hlr. Beniamin Gerig of the United States of America,
assiitt.<lb!. nit,rnbcrs of the Iccrciarint :incl b!. siicli rcliresint:~ti\~csr>f
the local :idmiiiistr:itionj as tlie Missionni.iv <Ictcriniricnecvssar!..
Havin,. decidedthat the Visiting Missionshould depart on r ~ovember
1949 and visit the Trust Territories of the Cameroons under French
administration. the Cameroons under British administration, Togoland
under French administration and Togoland under British administration
in accordance with mles 84,89,94,96 and 95of the rules of procedure for
the Tmsteeship Council,
Directs the Visiting Mission to observe the developing political,
economic, social and educational conditions in the four above-rneritioned
Trust Territories, their progress towards self-government or indepeii-
dence, and the efforts of their respective Administering Authorities to
achieve this and other basic objectives of the International Trusteeship
System,
Directs the Visiting Mission to give attention, as may be appropriate
in the light of discussions in the Trusteeship Council and resolutions
adopted by the Council. to issues raised in connection with the annual
reports on the administration of the four Trust Territories concerned and
in petitions received by the Trusteeship Council relating tothose Trust
Temtories, and in particiilar the petitions relating to the Ewe problem
in Togoland under French administration and Togoland under British
administration and the petition from the Bakweri Land Committee
relating to the Cameroons under British administration,
Directsthe Visiting Missionto accept or receive petitions and. without
prejudice to its acting in accordance with rules 64 and 89 of the rules of AXNEXES TO THECOUXTER-llE3IORIAL 1~3
Decidesthat in order to safeguard the identity andstatus of the Trust
Territories, the Council should continue to study during its regular
esamination of conditions in TrustTerritories the effects of existing or
proposed administrative unions on the political, economic. social and
educational advancement of the inhabitants, on the status of the Trust
Territories as such and on thcir separate development as distinct entities.
Requests the Adrninisteriiig Authorities concerned to make the fullest
possible effortto furnish in tlieir annual reports separate records, statistics
and other information on each Trust Territory in order to safeguard
the effective esercise of the Council'ssupervisoryfunctions.
Twenty-second meeting,18 Jnly 1949 (Tl379).
TRUSTEESHIC POUXCIL RESOLUTIO1 N29 (VI)
Administrative Unions
The Trusteeshi Conncil, in order to give effect to General Assembly
résolution 326 (e ),
Resolues
I. That the Committee on Administrative Unions, duly completed,
sliall continue the study of questions arising in connection with customs,
fiscal and administrative unions or federations and common services
investigation in accordance with the terms of General Assembly resolu-ts
tions 224 (III) and 326 (IV;
2. That the Committee shall:
(a) Complete the documentation on this question, and to this end ap-
proach the Administering Authorities concemed for al1data which
the Committee may deem necessary and obtain al1otherinformation
from such other sources as it may deem appropriate;
(b) Submit a report to the Council on I July 1950 containing observa-
tions on thevarious aspects ofthe problem, including those as ects
raised during the discussions of the Trusteeship Council anf the
Fourth Committee and plenary meetings of the General Assembly.
Seuenty-fdnthmeeting,31 Mavch 1950 (T/jzg).
TRUSTEESHIC POUNCIL RESOLUTIO1 N68 (VI)
Question of the Administrative Relationship Between the Cameroons
under British Administration and Nigeria as Raisedin Certain Petitions
conceming the Cameroons under British Administration
Acting under Article 87 b of the Charter and in accordance with its
rules of procedure,
Having acce tedand examinedat its sixth session, in consultation with
the United Ili?gdom of Great Britain and Northern Ireland as the
12164 SORTHERN CA31EROONS
Administering Authority concemed, vrhichdesignated Brigadier Gibbons
as special representative, those parts of the following petitions which
raise the question ofthe administrative relationship between the Cam-
eroons under British Administration and Nigeria:
I. Petition from the Cameroons National Federation (T/Pet.4/16-517).
z. Petition from the Cameroons Irederal Union (T/Pet.q/61-5/66).
3. Petition from Mr. F. T. Tambe (T/Pet.q/q~),
4. Petition from the Douala Branch, Bakweri Land Committee
(T/.et.4/59),
5. Petition from Mr. F. E. Burnley (T/Pet.4/11-5/5),
Having laken note of the observations of the United Nations Visiting
Missionto West Africa on the question of the administrative relationship
of the Cameroons under British administration with Nigeria (T/461,
Part II, Chap. 1 (b)).
Having laken noteof the observations of the Administering Authority
(T/486, paras. zz to 26) as well as of the oral statement of the special
representative on this subject,
Having noledthe statement of the Administering Authority that the
constitution of Nigeria, including the Tmst Territory,is at present under
review,
The TrusteeshipCouncil
Decides to inform the petitioners that the question of the adminis-
trative relationship between the Cameroons nnder British administration
and Nigeria has been and wiii be examined in connection with its
examination of the annual reports of the Administering Authority on
the administration ofthe Territory:
Decides to irifom tlie petitioners of the decision of the Council at its
sisth session 'that the question of the Territory's administrative inte-
gration with Nigeria shall be considered in connection with the general
question of administrative unions;
Draws the attention of the ~etitioners to the recommendation on
I~,gisl:iti~eand escciitivc couriiils adopted I)!.the Couriiil :kt its sistli
ieiîiuii', tlitcxt 01\vhicli rc,:irlni fc)llou.s:
"i'licCoiincil rccomnicnd; tli:it. in tlii?adoption of the pr~je~ted
propujtilj for reforrii,diic attcn~ioii sliould hegiven to reprejciiration
iroiii tlic Trust f<:rritor\. ontlii\.;iriouj lenislnti!.~and t.xe\.iiti\.c
councils concerned withthe gorernment of fhe Trust Territory";
Invites the Secretary-General to inform the Administering Authority
and the petitioners of this resolution in accordance with rule 93 of the
rules of procedure for the Trusteeship Council and, in addition, to send
to the petitioners copies of such resolutions as tlie Council may subse-
quently adopt in connection with the general question of administrative
unions.
Eightiethmeeting, 3 April 1950 (T/570).
' See Oficinl Records ofIhe TrustceshCouncil ,ixthsession.66thmeeting
Ibid. ASSEXES TO THE COUSTER-lIEllORIAL 16
Annex TT(48)
Administrative Unions Affecting Trust Territories
The TrusteeshifiCouncil,
I. Having receivedGeneral Assembly resolution 326 (IV) ' of 15 No-
vemher 1949 recommending that the Trusteeship Council complete its
investigation of administrative unions affecting Trust Territories,
z. Having instrucled,by its resolution 129 (VI) of 31 March 1950the
Committee on Administrative Unions established by resolution Sr (IV) '
of 27 January 1949 to "continue the study of questions arising in con-
nection with customs, fiscal and administrative unions or federations
and common services involving Trust Territories", to "complete the
documentation on this question". and to "submit a report to the
Council",
3. Havingcomfileledits investigation of administrative unions affecting
Trust Temtories on the basis of the documentation prepared by the
.-~~i~ ~~~~~.
4. Transmits the report 'of the Committee on Administrative Unions
to the General Assembly in coiiformity with resolution 326 (IV);
5. Callstheattentionof the Assembly especiallyto the observations and
conclusions contained in the report with regard to paragraph I of
resolution 326 (IV) as applied to the administrative unions affecting
the Trust Territories of the Cameroons under British administration,
New Guinea, Ruanda-Urundi, and Tanganyika, as follows:
(a) \Vith respect to sub-paragraph (a) concerning "the desirability of
having the Administering Authorities inform the Trusteeship Council
heforehand when they propose to create new administrative unions of
Trust Territories ivith adjacent territones, or estend the scope of any
existing union or federation", the Council:
(i) Regarding Cameroons nnder British administration.
Expesses the hopetliat tlie Administering Authority concerned will
inform the Council of any change which may be contemplated with
regard to the existing administrativearrangements;
(ii) Regarding New Guinea,
Notes that the Government of Australia, although not recognizing
any obligation to consult tlie Trusteeship Council before establishjng
administrative unions, had in fact informed the Councilofits intention
to establish the administrative union and had in fact made certain
changes in the Papua-New Guinea Act, 1949,in response to the Coun-
cil's request and
' See Oficial Recordsoffha Fourth Scssion of IhcGcnernl Arrembly, Resolutionç.
1,.40.
See Oflinal RecordsofIheSixth Session of IheTvusteerhifi Council. SuXo.. 1,
P. 9.
See Oficinl Recordofthe FourlhSession of theTrusteeshifi CoiinSuppl. No. 1.
P 25.
' See Oficial Recordsof Ihe FiffhSessionofthe Gelteral Arsembly. Suppl. No.q,
p. 185.166 SORTHERN CAUEROOSS
Notesfurther the statement ofthe representative ofAustralia that no
extension of the existing administrativeunion \vas contemplated;
(iii) Regarding Ruanda-Urundi,
îakes noteofthe statement of the representative of Belgium tliat the
Governmeiit of Belgium does not intend to extend the scope of the
existing administrative union between Ruanda-Urundi and tlie
Belgiaii Congo;
(iv) Regarding Tanganyika,
Xotes that Part 1,section 3, of the East .4frica (High Commission)
Order-in-Coiincil.1947l, imits the duration of the East Africa Central
Legislative Assembly, its composition and functions, to a period of
four years, and that a11pravisions concerning the East Africa Central
Legislative Assembly shall cease to have effect on IJanuary 1952,
Draws attentionto the recommendation of the Trusteeship Council
regarding theEast Africa Inter-Territorial Organization adopted at the
third session, which reads as follows':
"Expresses the hope that the Administering Authority will
consult the Trusteeship Council before undertaking any extension
status of Tanganyika"; present arrangement which might affect the
Considers that the Administering Authority, in reviewing tlie
composition and functions of the East .4frica Central Legislative
Assembly, should take al1possible steps to ensure that the interests of
Tanganyika are adequately safeguarded;
(b) \f'ith respect to sub-paragraph (6) conceming "the desirability,
should it be impossible as a consequence of the establishment of an
administrative union to furnish clear and precise separate financial,
statistical and other data relating to Trust Territory, of the Adminis-
tering Authority concemed accepting such supervision by the Trusteeship
Council over the unified administration as the Council may consider
necessary for the effective discharge of its high responsibilities under the
Charter", the Council:
(i) Regarding Cameroons under British administration,
Expressesthehopethat the Administering Authority concerned will
continue to CO-operatefully with the Trusteeship Council in the
discharge of its reponsihilities, and, in particular, will furnish clear
and precise separate financial, statistical and other data relating to
the Trust Territory;
(ii)Kegarding Sew Guinea,
Takesnoteofthe statement ofthe representative of Australia that the
Govemment of Australia will continue to furnish separate financial,
statistical and other data for the Trust Territory as well as for the
unified administration as far as itertains to the Trust Territory,
Takesnoteof the fact that the Government of Australia had invited
the Visiting Mission to visit the headquarters of the central adminis-
tration of l'apua and New Guinea situated outside the Trust Territory.
and
' SeeOficia Record sfthe Thivd S~ssiolroftGerraroAsserdly Suppl. No.4.
P- 31- ANNEXES TO THE COUNTER-UEMORIAL 1~7
Takes note of the assurance of the representative of Australia that
the Government of Australia will continue to CO-operatefully with the
Council in the discharge of its responsibilities;
(iii) Regarding Ruanda-Urundi,
Agrees thatat present the Government of Relgium is furnishing clear
and precise separate financial, statistical and other data relating to the
Trust Territory of Ruanda-Urundi which the Trusteeship Council
considers necessary for the effective discharge of its responsibility
nnder the Charter;
(iv) Regarding Tanganyika,
Agrees that at present the Government of the United Kingdom is
furnishing clear and precise separate financial, statistical and other
data relating to the Territory of Tanganyika which the Trusteeship
Council considers necessary for the effective discharge of its responsi-
bility under the Charter;
(c) With respect to sub-paragraph (c),concerning "the desirability
of establishing a separate judicial organization in each Trust Territory",
the Council:
(i) Regarding Cameroons under British administration,
Is of the opinion that sub-paragraph (c) of paragraph I of the
operative part of General Assembly resolution 326 (IV) is inapplicable
and feels that the existing arrangements are not disadvantageous to
the Territory but that they deserve, nevertheless, the constant
attention of the Council;
(ii) Regarding New Guinea,
Considers that in view of the present circumstances in the Territory,
the present judicial system thcrein sufficiently safeguards the interests
of its inhabitants but is of the opinion that the matter should be kept
under review;
(iii) Regarding Ruanda-Urundi,
Notes that a separate judicial organization is established in the
Trust Territory of Ruanda-Urundi in relation to the Belgian Congo;
(iv) Regarding Tanganyika,
Notes that a separate judicial organization is established in the Trust
Territory of Tanganyika and that local appellate jurisdiction, and then
only under specific provisions, lies to the Court of Appeal for Eastern
Africa which has jurisdiction over Kenya, Uganda, Zanzibar and the
Trust Territory ;
(d) With respect to sub-paragraph (d), concerning "the desirability
of establishing in eacti Trust Territory a separate legislative body. with
increasing powers and with headquarters within the Trust Territory.
and of eliminating any type of legislative action originating in any
other legislative body with headquarters in a Non-Self-Goveming
Territory", the Council:
(i) Regarding Cameroons under British administration,
Is of theopinion that sub-paragraph (d) of ~aragraph I of the oper-
ative part of General Assembly resolution 326 (IV) is inapplicable, and
feels that the existing arrangements are not disadvantageous to the
Territory, but that they deserve nevertheless the constant attention
of the Council;166 SORTHERS CAhlEROOSS
(ii) Regarding Xew Guinea,
Arotes that the Papua and Xe\v Guinea Act, 1949, envisages the
establishment of a Legislative Council for the Territory of Papua and
New Guinea;
Notes that this Council has as yet not been constituted;
Notes the statement of tlie representativt of Australia that the
Government of Australia has carefully studied the question raised in
General Assembly rcsolution 326 (IV) concerning the dcsirability of
establishing in each Trust Territory a separate legislative body, but
has thus far come to no decision on this matter;
Recalls the recommendation of the Trusteeship Council at its fifth
session \%,hichreads ':
"The Council,noting the allocation of only three seats to unofficial
indigenous members in the joint legislature for the Trust Territory
and Papua, recommends that the Administering Authority should
(a) study the possibilitv of increasing the number of indigenous
members of the joint legislature; (b) study the possibility of estab-
lishing a separate legislature for the Trust Territory; and (c) give
increasingly greater participation in the Legislative Council to the
indigenous iiihabitants. leading to the eventual establishment
an indigenous majority."
D~amsatteittion to the recommendations of the Trusteeship Council
at itsseventh session which reads Z:
"The Council. notine the statement of the Administeriiiu Au-
tliuritv tli.irtlicconipositio~~ of t1.c 18iiiitlt-gi;lntiii~:ft8rtlicufriit
l'rriiti,r\.iiiilI':i[>inill hc fiirrlicr c~,~iiiiiie~ic,xpresjcs thc Ilopr:
tli:irtl.~X.liiiinistcriiic r\u~liorir\.ii.11i1:ik<.iiito ncsigiiiittlie rclc\.:iiit
recommendations of the ~rusteéshi~Council at its fiftli session on
this question, and requests it to inform the Council of the results
of this examination."
> ,il Reuardine Ruanda-~rundi. .
ï'akc.s?roi,of lhe lail tlint iio It.gi:l;itivt. bi\i.irlIi~~ndi~ii;irtcii
tlie R~.lgi;iiiC~ngo lias le~ijlative :iuiliority owr thc 'Trust Territory
of IZii;iiida-Grlindi;ind tliat the \'ic~-(;o\~t~rnnic.nt C-(~;tnc~lier:il's
which has advisory function and which in the future may be developed
into a legislative body. is located inside the Trust Territory;
(iv) Regarding Tanganyika.
Notes that a separate Legislative Councilexists in Tanganyika which,
subject to the Goverrior's right not to assent to any bills suhmitted
to him by the 1-egislative Couucil, has fulllegislative and budgetary
competence witliiii the Trust Territory, and
Notes that the East Africa Central Legislative Assembly, which is
located in Iienya, has powers oflegislation in respect ofcertain specified
matters listed in the Third Schedule of the East Africa (High Com-
mission) Order-in-Council. 1947, subject to tlie right of tlie High
Commissionnot to assent to any bills submitted toit by the Legislative
' SeeOficialRecords of the FourlhSessionof the Gerr~rnlArsernblySuppl.Xo. 4.
P.65.
See OficinlRecordsoftlie FilIlScssiortof IheGeneralAsrernbly,Supyl. So. q.
p."23. ANNEXES TO THE COUNTER-MERIORIAL 1~9
Assembly, such assent requiring the approval of al1three members of
the Hig- Commission including t-e Governor of Tangany-.a, and
Notes that the High Commission. with a similar riglit not to assent.
may "with the advice and consent of the Legislative Councils of the
territories ... make laws for the peace, order and good govemment of
the Territories";
Noting that the provision concerning the East Africa Legislative
Assembly shall cease to have effecton IJanuary 1952,
Suggeststhat the Administering Authority consider in that connec-
tion and from time to time thereafter whether the allocation of
legislative powers hetween the East Africa Legislative Assembly and
the Legislative Councilof Tanganyika isconducive tothe advancement
of the inhahitants of the Trust Territory and tothe attainment of the
objectives of the Trusteeship System;
(e) With respect to sub-paragraph (e). concerning "the desirability
of taking into account. before any administrative, customsor fiscalunion
is established or extended in its nature or scope, the freely expressed
wishes of the inhabitants of the Trust Territories concerned", the
Council:
(i) Regarding Cameroons under British administration,
Expresses Ilie hope that the Administering Aiithority will, with
regard to matters pertaining to the administrative arrangements
affecting the Trust Territory, continue totake into account the freely
expressed wislies of its inhahitants;
(ii) Regarding New Guinea,
Takes +roleof tlie statement of the representative of Australia that
there was no substantial opposition to the existing administrative
union and
hrotesthat no changes with regard to the administrative arrange-
ments affecting the Trust Territory of Ne\\, Guinea are contemplated
at this time;
(iii) Regarding Ruanda-Urundi,
Takes noteof the statementof the representative of Belgium tliat if
there were substantial opposition to the administrative union the
esisting arrangement would be reviewed;
(il,) Regarding Tanganyika,
approval, signified by resolution. of the legislative councils of the
territories and with the consent of the Secretary of State, by Orders
duly published, add to the list of common senrices or subjects set out
in the Order-in-Council, 1947p ,rovided that, if the High Commission
shall he satisfied that there h;is been substantial opposition, in the
Legislative Council of aiiy one or more of tlie territories, to the passing
of any such resolution, the High Commission shall not proceed to
inake any such Order, iintil a motion for such a resolution has again
been proposed and dehated in the Legislative Council or Councils
in question, nor, if the consent of a Secretary of State lias previously
been obtained, until such consent has again been obtained;
Takes note of the statement of the representative of the United
Kingdom that it was most nnlikely that any addition to the list of170 SORTHERX CAIIEROOSS
scheduled services would be made in the event ofsubstantial opposition
in the Legislative Council ofany of the territories; and
Notes the assurance of the representative of the United Kingdom
that the fullest consideration would be given to the wishes of the
people in this, as in other matters;
6. Is of the opinio?~that, in view of the fact that various proposais
concerning the administrativearrangements affecting the Trust Territory
of Togoland under British administration are iinder consideration, further
examination of tlie administrative union of Togoland under British
administration and the Gold Coast could not usefully be undertaken at
this time;
7. Considersthat, in order to assist the Council in the discharge of its
functions and to avoid the possibility of any administrative union oper-
ating in such a manner asto prejudice theattainment of the objectives of
the Tmsteeship System, the following safeguards are necessary, and
brings them to the attention ofthe Administering Authorities concerned:
(a) That the Administering Authoritiesfurnish clear and preciseseparate
participating in administrative unions;elating to Trust Territories
> , That the Administerine Anthoritv facilitate the access of visitinv
missions to such information on & administrative union as may bë
necessary to enable the mission to report fully on theTrust Territory
concernëd ;
(c) That the Administering Authorities continue to maintain the
boundaries, separate status, and identity of Trust Territories
participating in administrative unions;
(d) That the' Administering Authorities ensure, with regard to Tmst
Territories participating in administrative unions, that espenditures
on the administration, welfare, and development of any such Trust
Territory for a given year be not less than the total amount of
public revenue derived from the Temtory in that year;
S.Decides to establish a Standing Committee on Administrative
Unions which shall regularly examine the operation of administrative
unions and report to the Couucil at each session on any union in which
a Trust Territory under review participates.
Twenty-eighthmeeting,17July I950.
Annex V (49)
TRUSTEESHC IPOUSCIL RESOLUTIO 298 (VII)
Reports of the United Nations VisitingMission ta the Trust Territories in
West Africa
The TrtisteeshifiCoancil,
Takes de of thc reports 'of its Visiting llission of 1949to the Trust
Temtories in West Africa and the observations submitted thereon by
the Administering Authorities concerned;
'See T1461.T146z.T1463.Tl464andTl465
Sec T1522.T1638.Tl673and T/702. ASSEXESTOTHE COU'ITER-3IE3IORIAL I7'
Expresses its appreciation of the work accomplished by the Visiting
Alissionon its behalf;
Takes note of the conclusions formulated by the Visiting Mission and
included in its reports;
Draws attentionto the tact that, at its sixth and seventh sessions ',
in forrnulating its own concliisions and recomrnendations in the course
of its examination of aniiual reports on, as wellas of petitions and other
questions relating to, the Trust Territories concerned, the observations
and conclusions of its Visiting Mission and the observations of the Ad-
ministering Authorities concerned were taken into account;
Decidesthat it willcontinue to take these observations and conclusions
into account in future esaminations of matters relating to the Trust
Territories concerned; and
Invites 'the Administering Authorities concerned to give most careful
consideration to the conclusions of the L'isitingMissionas well asto the
comments made thereon by the members of the Trusteeship Council.
Twenty-ninthmeeting, 20 July 1950.
Annex V (50)
'~RUST~~I~SHIPCOUNCIL RESOLUTIO3 N43 (IX)
Organization and Methodsof Functioning of Visiting Missions
The Trusteeshi9Corrncil,
HauingconsideredGeneral Assembly resolution 434 (V)of z December
1950on the organization and methods of functioning of visiting missions,
Having consideredthe report ' of its Committee on L'isitingMissions,
Decides :
I. That in making arrangements for future visits to the Trust Terri-
tories it willbe guided by the principles set forth in the above-mentioned
General Assembly resolution and will takeinto account the observations
and suggestions made by the Committee on Visiting Alissions;
z. To include in its next report to the General Assembly an account
of the measures taken to this effect.
347th meeting,6Juiie 1951.
Annex V (51)
TRUSTEESHIC POUNCIL RESOLUTIO4 N20 (S)
Administrative Unions Affecting Trust Territories
TheTrusteeshifiCouncil.
Ila~~i~lru~kennoleof Gcner;il rlsseinbly reiolutionî6.j(\:I, of iS 1:iiiii-
;iry19y2 conicrning :itliiiinisrrati\iiiiit~siircting Tmst I'crritories.
' See Oficial RecordstheFifth SessiooftheGeneralAssenzbly. SuppSo. 4
Seedoc.TIL. i26/Rev.r. NORTHERNCAHEROOXS
172
I. Requests the Standing Comniittee on Administrative Unions ta
prepare, in addition to its regular reports, a draft report containing a
complete analysis of each of the administrative unions to which a Trust
Territory is a party and of the status of the Cameroons and Togoland
under French administrationansingout oftheir membership in the French
Union, with special reference to(a) the considerations enumerated in
paragraph I of resolution 326 (IV) of the General Assembly and (b)
the compatihility of the arrangements already made with the provisions
of the Charter of the United Nations and the Trusteeship Agreement as
well as with the interests of tlie inhabitants of the Trust Territory
concerned;
2. Authorizesthe Standing Committee to consult. whenever necessarv.
with the Administering ~uthorities concerned and ta secure from thcm
such additional information as may he necessary;
3. Requests the Standing Committee to submit the draft report
requested above to tlie Council at its eleventh session.
387th meeting, 28Ijebruaryrgj?.
Annex V (52)
TRUSTEESHIC POUXCIL KESOLUTIO4 27 (X)
Organization and Methodsof Functioning of Visiting hlissions
The TrusteeshifiCouncil,
Having cousideredthe report of the Committee on Visiting IIissions
(TIL.249) appointed by it to esamiiie General Assenihly resolution 553
(VI) concerning the organization and methods of functioning of vlsiting
missions, the special report of the United Xations I'isiting Mission to
Tmst Territories in East Africa. 1951 (T/gjr), and Economic and Social
Council resolution 385 E (XIII) concerning tlie iiomination and ap-
pointment of women as members of visiting missions,
Decides tliat in inaking arrangements for future visits ta the Trust
Territories itill take into account the principles set forth in the above-
mentioned General Assemhly and Economic and Social Council reso-
lutions and special report of the United Nations Visiting blission to
Trust Territories in East Africa. 1951, and the observations made
thereon by its Committee on Visitiiig hlissions.
409th meeting,27 March 19j2.
Annex V (53)
TRUSTEESHIC POUNCIL KESOLUTIO4 X65 (XI)
Terms of Reference of the United Nations Visiting Missionto Trust
Temtories in West Africa, 1952
The TrusteeshifiCouncil,
a second periodic visiting niission to Trust Terri-
composed of Mr. Roy A. Peacliey (Australia) as ANNEXES TO THE COUXTER-i\IEhlORIAL I73
Chairman, Mr. R-ert Scheyven (Belgium), hfr. H. K. Yang (China)
and hlr. Roberto E. Quiros (El Salvador), assisted by members of the
Secretariat and also by such members of the local administration as
may be appointed by the latter,
Recallingits resolution424(X) of 3hfarch 1952 by which in accordance
with General Assembly resolution 5jj (\'I) of18 January 1952 it re-
quested the Visiting Mission to investigate and submit a special report
on the Ewe aiid To-olaiid unification uroblem.
Recalling its decision' of 3r bIarch 1952 approving a time-table for
tlie Mission,
I. Decides that the Visiting Mission shall depart in August 1952 ,hat
it shall visit the Trust Territories of Togoland under British administra-
tion, Togoland under French administration, the Cameroons under
British administration and the Cameroons under French administration.
as provided for in the previous decisions2 of the Council;
2. Directstlie Visiting Mission to investigate and to report as fully as
possible on tlie steps taken in the four above-mentioned Trust Territories
towards the realization of the objectives set forth in Articl76 b of the
Charter, taking into account the terms of General Assembly resoliition321
(IV)of 15 November 1949;
3. Directsthe Visiting Xission to give attention. as may be appropriate
in the light of discussions in the Trusteeship Council and in the General
Assembly and of resolntions adopted by them, to issues raised in con-
nection with the annual reports on the administration of the four Trust
Territories concerned, in petitions received by the Trusteeship Council
relating to those Trust Territories, in the reports' of the first periodic
Visiting Mission to the Trust Territories in \Vest Africa and in tlie
observations ' of the Administering Authorities on those reports;
4.Directs the Visiting Mission to accept and receive petitions withoiit
~reiudice to its actin~ in accordance with the rules of urocedure and to
Invéstigate on tlie spGt, after consultation with the loch representative
of tlieAdininistering Authorities concerned, such of the petitioiis received
as, in its opiiiion, warrant special investition;
5.Directs the Visiting Mission to examine, in corisultatiori witli tlie
Administeriiig Authorities, the measures taken and to be taken in respect
of the provision of information about the United Nations to the peoples
of the Trust Territories under Council resolution 36 (III) of8 July 1948
and to undertake the duties enunierated in Council resolution 3rr (VIII)
of 7 February rggr on the same questions;
6. Reyt6eslsthe Visiting AIissionto transmit to the Council as soon as
practicable after the completion of its visits a report on ench of the
Territories visited containing its findings, with such observations,
conclusions and recommeiidations as it may wish to make.
4j37d meeting. 22 J11y 1952.
' SeeOfici01 ISecorO/lhe TrustecshCouncil t.nth session. 410th meeting.
Ibid.fourth sessio5th meeting,p. 57.
' Ibid.seventh session, Suppl. S2. SORTHERK CA31EROONS
Aitnex V (jq)
TRUSTEESHIC POUSCIL RESOLUTIO6 S45 (XII)
Administrative Unions AffectingTmst Temtories
The TrusteeshipCouncil,
Having consideredGeneral Assembly resolution 649 (VII) on the ad-
ministrative unions affecting Trust Territories,
Noting that the General Assembly, in this resolution:
(a) Calls to the attention of the Administering Authorities the
observations and concllisions contained in the special report' of the
Trusteeship Council and the observations of the General Assembly
Committee on Administrative Unions,
(b) Requeststhe Administering Authorities to continue to transmit
promptly to the Trusteeship Council information as complete as
ossibleconceming the operation of the administrative unionsaffecting
qrust Territories under their administration, indicating the benefits
nnd advantages derived by the inhabitants of the Tmst Territories
from administrative unions,
(c) Expressesthehopethat the Adininistering Authonties concerned
will take into account the freely expressed wishes of the inhabitants
before establishing or extending the scope of administrative unions,
Notiug further that the General Assembly expresses the hope that the
Administering Authorities concerned will consult with the Trusteeship
Council conceming any change in or extension of existing adminjstratjve
unjons, or concerning any proposal to establish neiv adniinistrative
unions,
Authorizes the Standing Committee on Administrative Unions to
continue its regular examination of eacli administrative union affecting
a Trust Territory, and to studythese administrative unionsnot only with
regard to the four safeguardsenumerated in Trusteeship Council resolu-
tion 293 (VII) but also with regard to the interests of the inhabitants
of the Territory and the terms of the Cliarter and the Trusteeship
Agreements, as wellasany other matters which it may deem appropriate.
477thmeetiltg,g Jdy 1953.
A1iiie.rV (jj)
TRUSTEESWC IPOUNCIL RESOLUTIO8 S67 (XII)
Reports of the United Nations VisitingMission to Trust Temtories in
West Afnca, 1952
The TrusteeshipCouncil,
Haviug examined at its thirteenth session the reports3 O£ the United
Xations Visiting Nission to Trust Terntories in West Africa, 1952, as
well as the observations thereon' submitted by the Administering
Authorities concemed,
SeeOficial RecordoftheGeneral Assernbly. sevesessionSuppl.Xo. 12.
Ibid.a,nexes,agenda item31, doc. A12217.
' See docs.Tlro68T,/1o6gT.liojio and T/io,q. ANSEXES TO THECOUSTEH-3IEDIORIAL '75
1. Takes noteof the reports and the observations of the Administering
Authorities;
2. Expressesils appreciationof the work accomplished by the Visiting
>lission on its behalf;
3. Draws alle~tlionlo thefacl that, at the thirteenth session, in formu-
lating its own conclusions and recommendations on conditions in the
Territories concerned, the Council took into account the observations
and conclusions of the Visiting blission and the observations of the
Administeriiig Authorities thereon;
4. Decides that it will continue to take these observations aiid con-
clusions into account in future examination of matters relating to the
Territories concerncd;
5. Invites the Administering Authorities concerned to give the most
careful consideration to the conclusions of the Visiting Mission as well
as to the comments made thereon by the members of the Trusteeship
Council;
6. Decides, in accordance with rule gg of its rules of procedure, that
the reports of the Visiting Mission, including its special report on the
Ewe and Togolaiid unification problem ',shall be printed together with
the relevant observations of the Adrninistering Authorities and the
present resolution;
7. Regiiesls the Secretary-General to make arrangements for the
printing ofthese documents at the earliest possible date.
jzrst meeting,zz March1954.
TRUSTEESHIC POUKCIL RESOLUTIO1 N253 (XVI)
Terms of Reference of the United Nations Visiting Missionto the Trust
Territories of the Cameroons under British Administration and the
Cameroons nnder French Administration, 1955
TheTrusteeshipCacncil,
Having decided to despatch a periodic Visiting hIission to the Trust
Territories of the Cameroons under British administration and the
Cameroons under French administration in r,"".
Having decided that the Visiting Mission should he composed of
Mr. Max H. Dorsinville (Haiti) as Chairman, Mr. Robert Scheyven
Belgium), 3lr. Hsi-kun Yang (China) and Mr. Edward W. Mulcahy
IUni.'d States of America) and assisted by members of the Secretariat
and alsoby such rnembers ofthe localadministration asmay beappointed
by the latter,
Having decidedthat the Visiting Missionshould depart on 15 October
1955,that it should visit the Cameroonsunder Frenchadministration and
the Cameroons under British administration in that order, and that the
duration of its visit should be approximately two months,
' Seedacs.Tl1034 and T/iojg.176 SORTHERSCAIIEROOSS
I.Direcls the Visiting hlission to investigate and report as fully as
possible on the steps taken in the two above-mentioned Tmst Territories
towards the realization of the objective setforth in Article 76 b of the
Charter, taking into account the terms of General Assembly resolution
321 (IV) of 15 November 1949;
z. Directs tlie Visiting Mission to give attention, as may be appro-
priate in the light of discussions in the Trusteeship Council and tlie
General Assembly, and of resolutions adopted by them, to issues raised
in connection with the annual reports on the administration of the two
Trust Territories concemed, in petitions received by the Trusteeship
Council relating to the Territories, in hearings in the General Assembly
of petitioners from the Trust Territory of the Cameroons under French
administration, in the reports of the previous periodic Visiting Missions
to the Territorieand in the observations ofthe Administering Authorities
on those reports;
3. Directsthe t7isiting Mission to receive petitions mithout prejudice
to itsacting in accordance with the rules of procedure of the Council and
to investigateon the spot, after consultation with the localrepresentative
of the Administering Authority concerned, such of the petitions received
as, in its opinion, warrant special investigation;
4. Directs the Visiting Mission to examine, in consultation with tlie
Administering Authorities, the measures taken or to be taken in respect
of the provision of information about the United Xations to the peoples
of the Trust Territoriesunder Trusteeship Council resolution 36 (III) ol
6 July 1946and General Assembly resolution 7j4 (VIII) of 9 Decembcr
1953, and to undertake the duties enumerated in Trusteeship Council
resolution 311 (VIII) of 7 February 1951on the same question;
5. Requeststhe Visiting llission to submit to the Council as soon as
practicable a report on each of the Territories visited containing its
findings with such observations, conclusions and recommendations as
it may wish to make.
634thmeeting,8 July rgjg.
Annex V (57)
TRUSTEESHIC POUNCIL RESOLUTIO1 N373(XVII)
Reports of the United Nations Visiting Missionto the Trust Territories
of the Cameroons under British Administration and the Cameroons
under French Administration, 1955
The TrusteeshipCouncil,
Hauiugexaminedat its seventeenth session the reports of the United
Nations Visiting Missiontothe Trust Territories of the Cameroons iinder
BritishAdministration and the Cameroonsunder French Administration,
1955 ',as well as the written observations submitted by the Government
of the United Kingdom of Great Britain and Northern Ireland on the ANKEXES TO THECOUNTER-3tEbIORIAL '77
report on the Cameroons uuder British administration and the oral
observations made by the representative of France on the report on the
Cameroons under French administration,
I. Takesnoteofthe reportsandof the observations ofthe Administering
Authorities concerned;
2. Expressesits a preciationof the work accomplished bythe Visiting
Missionon its behat;
3. Draws attentionto the fact that, at the seveuteenth session, in
formulating its own conclusions and recommendations on conditions
in the Territories concerned, the Council took into account the obser-
vations and conclusions of the Visiting Mission and the observations
of the Administering Authorities thereon;
4. Decidesthat it will continue to take these observations and con-
clusions into account in future examinations of matters relating to the
Trust Territories concerned :
5. Invites the Administering Authorities concerned to give the most
careful consideration tothe conclusions of the Visiting Rlissionas well as
to the comments made thereon by the members of the Trusteeship
Council;
6. Decides,in accordance with rule gg of its rules of procedure, that
the reports of the Visiting Mission, together with the written observa-
tions submitted by the Government of the United Kingdom and the
present resolution, shali be printed 1;
7. Requests the Secretary-General to make arrangements for the
printing of these documents at the earliest possible date.
699thmeeting,5 April1956.
TRUSTEESHIC POUNCIL RESOLUTIO1 N907 (XXII)
Terms of Reference of the United Nations Visiting Mission to Trust
Territories in WestAfnca, 1958
The TvecsteeshibCouncil.
Having decidedto dispatch a periodic visiting mission to the Trust
Territories of the Cameroons under British administration and the
Cameroons under French administration in 1958,
Hauing decidedthat the Visiting Mission should be composed of Mr.
Benjamin Gerig (United States of Amenca) as Chairman, Mr. Georges
Salomon (Haiti), Mr. Rikhi Jaipal (India) and Mr. W. G. Thorp (New
Zealand) and assisted by members of the Secretariat and also by such
members of the local administration as may be appointed by the latter,
Having decided that the Visiting Mission should depart in October
1958. that it should visit the Cameroons under British administration
' See OficiaRecordsO/theTrusteeship Councieventeenth session, SuppNo. 4.
This supplement alço includes the ivritten observations submby the French
Government, which were received after the cloofthe seventeenth session af the
Trusteeship Council.17s SORTHERS CAMEROOSS
and the Cameroons under French administration. and that the duration
of its visit should be ..~roximatelv two months.
Having taken note of the memorandum of the Govemment of the
United Kiugdom of Great Britain and Northern Ireland conceming the
future of the Cameroons under British administration ',
r. Directs tlie Visiting Mission to investigate and report as fully as
possible on the steps taken in thetwo ahove-mentioiied Trust Territories
towards the realization of the objectives set forth in Article 7b of the
Charter of the United Nations, taking into account the terms of General
Assembly resolution 321 (IV) of 15 November 1949and other relevant
General Assembly resolutions;
2.Directs the Visiting Mission to give attention, as may be appro-
priate in the light of discussions in the Tmsteeship Council and in the
General Assembly. and of resolutions adopted by them. to issues raised
in connection with the annual reports on the administration of the two
Tmst Territories concerned. in petitions received by the Trusteeship
Council relating. to the Territories, in hearings in the General Assembly
of petitioners from the Territories, in the reports of the previous periodic
visiting missioiis to the Territories and in the observations of the Ad-
ministering Authorities on those reports;
3. Directs the Visiting Rlissionto receive petitions, without prejudice
to itsacting in accordance with therules of procedure of the Council, and
to investigate on thespot. after consultationwith the local representative
of the Administering Authority concerned, such of the petitions received
as, in its opinion, warrant special investigation;
4.Reguests the Visiting Alissionto submit to tlie Council as soon as
practicable a report on each of the Territories visited containing its
finding with such observations, conclusions and recommendations as it
may wish to make;
5. Furtherrquests the Visiting Mission to include in its report on the
Cameroons under British administration its vie\vs on the method of
consultation which should be adopted when the time comes for the
people of that Territory to express their wishes concerning their future.
932nd meeting,28 July 1958.
Annex V (59)
TRUSTEESHIC POUNCIL RESOLUTIO1 N924(S-IX)
Terms of Reference of the United Nations Visiting Mission to Tmst
Temtones in West Afnca, 1958
The TrusteeshipCouncil,
Hauing decided to dispatch a periodic visiting mission to the Tmst
Temtories of the Cameroons under British administration and the
Cameroons under French administration in 1gj8,
Recalling its resolution 1907 (XXII) of 26 July 1958relating to the
terms of reference of the Visiting Mission,
1 Oficial Rccordof lhcTrusteeship CounciT,wenty-Second SessionAnnexes.
Agenda item 6.doc. T11393. ANXEXES TO THECOUNTER-XEMORIAL 179
Takingnoteof the resolution adopted bythe Legislative Assembly of the
Cameroons on 24 October 1958 ',
Taking note fuvther of théstatement by the representative of France,
Decides ta add the following paragraph to the terms of reference of
the United Nations Visiting Mission to Trust Territories in West Africa,
1958,as set forth in Council resolution 1907 (XXII) :
"6. Fwther requests the Visiting Mission ta set forth its views on
the procedure for organizing the consultation which will enable the
people of the Cameroons under French administration to express,
at the appropriate time, their wishes conceming their future and
concerning the termination of trusteesbip upon the attainment of
full national independence in 1960."
gcst meeting,7 November1958.
Annex V (60)
TRUSTEESHIC POUNCIL RESOLUTION 1926 (XXIII)
The Future of the Trust Territory of the Cameroons under United Kingdom
Administration
The Trusteesh+ Council,
Recalling its resolution 1907 (XXII) of 28 July 1958 by which the
United Nations Visiting lllission ta Trust Territories in West Africa, 1958,
was requested to include in its report on the Cameroons under United
Kingdom administration its views on the method of consultation which
should be adopted when the time came [or the people of that Territory
to express their wishes concerning their future,
Havilzg been requested by the General Assembly in its resolution 1282
(XIII) of 5 December 1958 to examine the reports of the Visiting lllission
on the Cameroons under French administration and the Cameroons under
United Kingdom administration, and to transmit the same, with its
observations and recommendations, ta the General Assembly not later
than zo February 1959 to enable the Assembly, in consultation with the
Administering Authorities, to take the necessary measures in connection
with the full attainment of the objectives of the Trusteeship System,
Having examined the report of the Visiting Mission onthe Cameroons
under United Kingdom administration 2and considered the statement of
the Administering Authority onit,
I. Exfilesses its a$fireciatioto the Visiting Mission for its report;
z.Takes note of the observations and conclusions of the Visiting
hlission in its report;
3. Considers that these conclusions will require further examination
by the General Assembly;
-
' See OfirinlR~rordcof theC~warnlAcc~n>hlu thirteenthsessionFourth Com-180 SORTHERX CAXEROOXS
4. Transmits to the General Assembly the report of the I'isiting
Ilission, the observations of the Administering Authority anclthe records
of the Council's discussionsin order that, alter due examination in the
light of these documents and of any further views that may be expressed
before it, the General Assembly may take such action as it deems appro-
priate, in accordance with Article 76 b of the Charter of the United
Nations.
y6znd meeting,16Febrzcaryr959.
Annex V (61)
TRUSTEESHIC POUNCIL RESOLUTIO2 N007 (S-X)
The Future ofthe Trust Territory of the Cameroonsunder United Kingdom
Administration: Report of the United Nations Plebiscite Commissioneron
the Plebiscite in the Northern Part of the Territory
The TrzcsteeshipCouncil.
Recallingthat it was requested by the General Assembly in resolution
1350 (XIII) of 13 3Iarch 1959 to transmit to the Assembly the report of
the United Nations Plebiscite Commissioner on the plehiscite conducted
in the Northern Cameroons in time for the report to be considered before
the end of the fourteenth session of the General Assembly, together with
any recommendations and observations it considered necessary,
Bearing in mind the need to facilitate urgent consideration of this
report by the General Assembly,
I.Takes note of the report of the United Nations Plebiscite Commis-
sioner ';
2. Expresses its warm appreciation of the work of the United Nations
Plebiscite Commissioner and his staff;
3.Fornards the report to the General Assembly for its consideration.
1042nd meeting, z December1959.
Annex V (62)
TRUSTEESHIC POUNCIL RESOLUTIO2 II008 (XXV)
Deferment of the Examination of the Annual Reports ofthe Administering
Authorities on Ruanda-Urundi and the Cameroons under United King-
dom Administration
The TrusteeshipCouncil,
Decides,in accordance with rule IO of its rules of procediire, to accede
to the request of the Administering Authorities concerned thatexamin-
ation of conditions in the Trust Territones of Ruanda-Urundi and the
Cameroons under United Kingdom administration should be deferred
until its twenty-sixth session.
1048thmeetiqzg, 4 Febrzrary1960.
'Tl1491 and Corr.iand hdd.r. Distributed also under the symbol A14314 and
agenda itemqr,addendum.s01Ihc G~nrralAssembly, fourteenth session, annexes, ANNEXES TO THE COUXTER-MEMORIAL 181
TRUSTEESHIC POUNCIL RESOLUTIO2 N013 (XXVI)
Future of the Trust Territory of the Cameroons under United Kingdom
Administration
The TrusteeshifiCouncil,
RecallingGeneral Assembly resolutions 1352(XIV) of 16October 1959
and 1473 (XIV) of 12 December 1959concerning the future of the Trust
Territory of the Cameroons under United Kingdom administration and
in particular the organization of forthcoming plebiscites in the southern
and northem parts of the Trust Territory on the basis of universal adult
suffrage,
Recalling fnrther the recommendations contained in the aforemen-
tioned resolutions of the General Assembly for the separation of the
administration of the southern andnorthem parts of the Trust Territory
from that of the Federation of Nigeria not later than I October 1960,
Noting the report of the Administering Authority on the process of
separation of the administration of the Southern Cameroons from that
of the Federation of Nigeria 'as well as the report of the Administering
Authority on the process of separation of the administration of the
Northern Cameroons from that of the Federation of Nigeria Z:
1. Requests the Administering Authority to take into account the
observations and suggestions made at the twenty-sixth session of the
Trusteeship Council in completing the separation of the administration
of the two parts of the Trust Territory from that of the Federation of
Nigeria not later thanI October 1960,ensuring inparticular theexistence,
from that date until the completion of the plebiscites in the Trust
Territory, of police forces wholly responsible to the authorities in the
Territory ;
2. Exfi~essesthe hope that steps will be taken to extend the principle
of universal adult suffrage to al1future elections in the Trust Territory:
3. Requeststhe Administering Authority to take appropriate steps, in
consultation with the authorities concerned, to ensure that the people of
the Trust Territory are fully informed, before the plebiscites, of the
constitutional arrangements that would have to be made, at the appro-
priate time, for the implementation of the decisions taken at the
plebiscites;
4. Decidesto transmit to the General Assembly at its fifteenth session
the records of the meetings at urhich the future of the Trust Territory
of the Cameroons under United Kingdom administration was discussed
during the twenty-sixth session of the Trusteeship Council.
1094thmeeting,31 May 1960.
1 Ofi~ial Recov01 the Tn<sleeship Count\i.enty-sixth session. annexes, agenda
item 3,doc. Tir526.
Ibid.agenda item 17,doc.T/rgjo. SORTHERN CAJIEROOSS
TRUSTEESHIC POUNCIL RESOLUTIO2 X057 (XXVI)
Tno l'etilions Containing Cumplaints of lncidents Connecled niih the
\'kit uf the Ciiited Salions Visiting Mission tu Trust Territories in \\'est
Mrica, igj8, to the Cameroons under Ciiited iiingdom Administration
The Trusteeship Conncil,
Having examined, in consultation with the United Kirigdom as the
Administering Anthority concerned, two petitions containing complaints
of incidents coiinected with the visit of the United Nations Visiting
Missionto Trust Territories in West Africa, 1958, tothe Trust Territory
of the Cameroons under United Kingdom administration ',
Draws the attenlio?tof the petitioners to the observations of the
Administering Autlionty.
rogSth meeting, 2 lune 1960.
Annex V (6j)
TRuSTEESHIP COUSCIL RESOLUTIO X101 (s-XI)
The Future ofthe Trust Territory of the Cameroonsunder United Kingdom
Administration: Report of the United Nations Plebiscite Commissioner
for the Cameroons nnder United Kingdom Administration on the Plebis-
citesinthe Southern and Northern Parts of the Temtory
The Trusteeshie Council,
Recallingthat it was requested bythe General Assembly in resolutions
1350 (XIII) of 13 alarch 1959. 1352 (XIV) of 16 October 1959 and 1473
(XIV) of 12 December 1959 that the report of the United Xations
Plebiscite Commissioneron the plehiscites conducted in the southem and
northempartsof the Cameroons under United Kingdom administration
be suhmitted tothe Trusteeship Council and transmitted by the Trustee-
ship Council to the General Assembly with any recommendations and
observations it considered necessary,
Beariiig in mind the need to facilitate urgent consideration of this
report by the General Assembly at its fifteenth session:
I. Takes note of the report of the United Nations Plebiscite Commis-
sioner
2. Expresses ils warm appreciation of the work of the United Nations
Plebiscite Commissioner and his staff;
3. Fornards the report to the General Assembly for its consideration.
1135th meeting, IO April 1961.
' See TlPET.4 and 5\32 33.TIOBS.4 and5/25, T/OBS.q/39. TIL.978.
' Tl1556. T11556lAppendixand Add.1 and z. Ako issued under the symbol
A14727. See OfficinRecordsof theGcncralAsrernbly,Mteenth session.annexes,
addendum to agendaitem 13.ANSEXES TO THE COUNTER-~IEMORIAL 183
Annex VI
MAP OF THE CAMEROONSUNDER UNITED
KINGDOM ADMINISTRATION (POLITICAL)
[Nol reproducedin this edition]
Annex VI1
MAP OF THE CAhIEROOSS USDER UNITED
KINGDOM ADMINISTRATIOS (PKYSICAL)
[Nol reprodricedin this edition]
Counter-Memorial submitted by the Government of the United Kingdom of Great Britain and Northern Ireland