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260/02 Bakweri Land Claims Committee v Cameroon

ACHPR Decision

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Summary of Facts1
Complaint1
Procedure2
Law2
Admissibility2
Holding8

260/02 Bakweri Land Claims Committee v Cameroon

ACHPR Decision

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Type of Document

Decision

Keywords

Admissibility
Civil and Political Rights
Damages and Compensation
Economic, Social and Cultural Development
Exhaustion of Local Remedies
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Functioning and Independence of the Judiciary
Internal Displacement
Land Expropriation
Land Rights
Provisional/interim measures
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property
Rights of Minority Communities

Case Head Notes: The complaint follows the Presidential Decree No. 94/125 of 14th July 1994 where the Government ofCameroon listed the Cameroon Development Corporation (CDC), which will allegedly result in thealienation, to private purchasers, of approximately 400 square miles (104,000 hectares) of lands in theFako division traditionally owned, occupied or used by the Bakweri. The Complainant alleges that thetransfer would extinguish the Bakweri title rights and interests in two-thirds of the minority group's total land area.

Country

Cameroon

Outcome: Ruled Inadmissible

Year Decided: Dec 7, 2004

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Rights Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Oct 8, 2002 ~ Dec 7, 2004

Country Geolocation

Latitude: 7.369721999999999

Longitude: 12.354722

Country Geolocation (linked ACHPR Decision): Cameroon

Primary Documents

260_02 Bakweri Land Claims Committee _ Cameroon.pdf
English
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149. 260_02 Bakweri Land Claims Committee _ Cameroon - PT.pdf
Portuguese
ML TOC
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African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force;

Treaty

African Charter on Human and Peoples' Rights

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights

Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources. Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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Communication 416/12 –Jean-Marie Atangana Mebara v. Cameroon

para 48

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