submitted under the terms of Article 55 of the Charter has been declared admissible, the
Commission « examines it in the light of all the information which the complainant and the Respondent
State concerned have submitted in writing, and it renders its observations on the subject ».
72. It appears from the case file that parties have made their conclusions on the merits of the case
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since 30 March 2005, and that the information provided by the Parties to the Communication and
added to the case file is sufficient to allow a ruling on the merits of the case.
Submissions of the complainants on the merit
73. The complainants are requesting the African Commission to declare the State of Cameroon in
violation of the relevant provisions of the African Charter and in particular of Articles
1, 2, 4, 7 and 14 of the said Charter and, in consequence, to declare the State of Cameroon bound to
pay compensation for the prejudices sustained by the victims of the post electoral events of 1992.
74. The Commission is consequently obliged to examine the alleged violations on the basis of the
facts and the law.
On the violation of Article 1 of the African Charter
75. Under the terms of Article 1 of the African Charter, « the OAU Member States, Parties to the
present Charter, recognize the rights, responsibilities and freedoms enunciated in this Charter and
undertake to adopt legislative and other measures for their application ».
Arguments of the complainants pertaining to the violation of Article 1 of the African Charter
76. From the point of view of the violation of Article 1, the complainants contend:
i. That the African Charter sets out in its Article 1 a general obligation on the protection of rights. In this
context, like « the majority of the human rights treaties, besides requiring the States Parties to abstain
from all violation or unauthorized restriction of the rights it proclaims, compels them to take positive
measures to guarantee the widest possible protection of the individuals under their jurisdiction ».
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ii. That if the recognition referred to by Article 1 of the Charter « bestows them universality , to the
guaranteed rights, the taking of appropriate measures allows them to assume real effectiveness ».
That the Commission has had the opportunity to underscore this aspect during the examination of a
case on the activities of a petroleum consortium in Southern Nigeria by re-affirming that the African
Charter was creating a certain number of obligations for the States Parties which include, in
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particular, « the responsibility of respecting, protecting, promoting and implementing » the rights
which it sets out before specifying that « the Governments have a responsibility to protect their
citizens, not only by adopting appropriate legislation and by applying them effectively, but also by
protecting the said citizens from harmful activities which can be perpetrated by private parties. This
responsibility requires positive action on their part ».
iii. That the interpretation by the Commission of Article 1 of the African Charter can be compared with
that of the United Nations Human Rights Commission on Article 2 of the International Convention on
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Civil and Political Rights ([ICCPR]) , interpretation in which the [HRC] affirms that the provision
contained in Article 2 embraced an obligation of « absolute character » with « effect immediate
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» requiring the States Parties to « take legislative, judicial, administrative, educational and other
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appropriate measures to fulfill their obligations »
iv. That the Commission had to judge that the refusal or the negligence of the
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Authorities of a State Party to protect journalists and human rights activists against
repeated attacks (harassment, arbitrary arrests, assassination, torture) by the security forces
and unidentified groups, constitutes (d) a violation of the said Charter even if this State or its
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officers are (were) not the direct perpetrators of this violation».