February 25, 2010
By Professor C Anyangwe
Nota: Some minds are probably not clear on what the African Commission decided in Communication 266, in part because of the length and wordiness of the ruling. Predictably, Republique du Cameroun itself, for dishonest self-serving political reasons deliberately misrepresents the ruling to its people, many of who seem indifferent to it or appear not to understand its import. What follows is an abridged version of the ruling. This synopsis and the comment appended at the end of it are intended to facilitate and further understanding of the matters in issue in the case and the decision that was arrived at. The text of the ruling, though abridged, is entirely in the words of the Commission itself. The headings in the text and the comment at the end are of course mine.
The Commission’s Decision on Admissibility
The admissibility of communications brought pursuant to Article 55 of the African Charter is governed by the conditions stipulated in Article 56 of the African Charter. This Article lays down seven (7) conditions, which must be fulfilled by a Complainant for a communication to be declared admissible. Of the seven conditions, the Respondent State claims that the Complainants have not fulfilled four, namely: Article 56(1), (2), (3) and (4). From the submissions of the Respondent State, there is an inference that Article 56(7) has not been fulfilled by the Complainant.
As to the condition that the Complaint must state the name(s) of its author(s):
The Respondent State submits that contrary to Article 56(1) of the African Charter, the victims of the alleged violations, indicated in the communication have not been identified. ... [T]he African Commission notes that the authors of the communication have been identified at page 1 of the communication and they are 14 in number. Their ages and professions have also been given as well as their addresses of service. Furthermore, the communication reveals that the authors of the communication are members of the Southern Cameroons National Council (SCNC) and the Southern Cameroons Peoples' Organization (SCAPO), organisations that were established principally to protect and advance the human and peoples' rights of Southern Cameroonians, including their right to self-determination. Article 56 (1) of the African Charter requires a communication to indicate its authors and not the victims of the violations. Thus the present communication cannot be declared inadmissible on the basis of Article 56(1). ...
Download SYNOPSIS OF RULING IN COMMUNICATION 266 IN THE COMMISSION'S OWN WORDSx
