95.
With regards to the ratione temporis condition covered by articles 638 and 659 of the
Charter, the Commission does not observe any challenges in determining its jurisdiction
on the matter. Indeed, the alleged violations started in 2016, while the State of Cameroon
ratified the Charter in 1989.
96.
The jurisprudence mentioned above specifies that the prayers submitted by Complainants
should be compatible with the objectives and principles enshrined in the African Union
Constitutive Act. In this regard, pursuant to Article 3(b), the objective of the Union shall
be to "defend the sovereignty, territorial integrity and independence of its Member States".
97.
However, among the prayers, the Complainants
appeal to the Commission to issue
Provisional Measures requesting the government of la-Republique du Cameroun to pull
out its heavy military presence and close down its nUll1;er,ous military outposts strewn all
over the territory of the former UN Trust Territory of th~ Southern Cameroons.
98.
The challenge with the aforementioned
prayer lies in the very spirit of the request. The
analysis of the same would lead to the interpretation that the Republique du Cameroun
and the UN Trust Territory of the Southern Cameroons are two different sovereign States,
in which case, one is subject to milita~~ occupation. In this regard, the prayer questions the
unity, territorial integrity and the sovef.fe:lgnty of the country, as the Complaints' request
challenges the independence of the Repiiblique of Cameroun.
99.
Therefore, the Commission finds that~e'prayer
contravenes article 3(b) of the Constitutive
Act, which as a consequence, is not- in harmony with Article 56(2) of the Charter as it
pertains to the compatibility with t~~ Constitutive Act, In conclusion, the Commission
finds that the conditions of Article 56;(2)
have not been satisfied .
.,'.:-'>
,
Disparaging
or insulting
language
(Article 56 (3))
100. Article 56 (3) requires that Communications
'are not written in disparaging or insulting
language directed against the State concerned and its institutions or to the Organization of
African Unity" ..
.
.
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101. In the view of thEtCoinInission, as identified in its jurisprudence, article 56 (3) is governed
by two main principles. Firstly, in its analysis, the Commission ought toc;-,pa'm~¢"llib""
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aforementioned Article with the Complaint's freedom to clearly express their 'gr' vances. <'o~
Secondly a comparison needs to be drawn on the basis of the threshold set by the ~
Commission in-its jurisprudence, with regards to what constitutes disparagl.·n.g la{lgUage.) ~ J'
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Article 63
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1. The present Charter shall be open to signature, ratification or adherence of the member states of the 0fgqnization
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of African Unity.
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2. The instruments of ratification or adherence to the present Charter shall be deposited with the Secretary General of
the Organization of African Unity,
3, Thepresent Charter shall come into force three months after the reception by the Secretary General of the
instruments of ratification or adherence of a simple majority of the member states of the Organi.zation of African Unity.
9 Article 65
For each of the States that will ratify or ad/Jere to the present Charter after its coming into force, the Charter shall take
effect three months after the date of the deposit by that State of its instrument of ratification or adherence
8
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16