290/04 Open Society Justice Initiative (on behalf of
Pius Njawe Noumeni) / Cameroon
Summary of Facts
1. The complaint is lodged by the NGO, Open Society Justice Initiative, on behalf of a Cameroonian citizen,
Pius Njawe Noumeni, against the Government of Cameroon, a state Party to the African Charter.
2. The communication was submitted in accordance with Article 55 of the African Charter and the
Complainant alleges that in November 1999 the Messager Group based in Douala, Cameroon, and headed
by Mr Pius Njawe began operating a radio station in Douala whilst an illegal decision banning the operation
of private radio stations was in place.
3. The Complainant maintains that following the formal liberalisation of air waves in April 2000, the
Messager Group submitted an application with the Ministry of Communications of Cameroon for a license
to operate a radio station. After the six (6) months period required under the law, the Ministry of
Communication did not respond favorably to the request arguing that the application was still being
considered.
4. The Complainant, moreover maintains that the Ministry of Communications of Cameroon was in the habit
of processing applications for operational licenses in an arbitrary, illegal and discriminatory manner and had
on many occasions refused to grant statutory license to operators of radio stations, and on the contrary
resorting to the practice of informally issuing temporary authorization to operate on some frequencies,
which did not provide any legal cover to the operators of radio stations but only placed them in a situation of
uncertainty since the informal authorisation could at any given time be withdrawn. In addition, the
complainant maintains that by refusing to process applications for operating licenses or providing reasons
for refusal to grant licenses, the Ministry of Communications tends to ban, in an arbitrary, discriminatory
and politically motivated manner existing operators from continuing to operate.
5. Taking into consideration that the Ministry of Communications did not respond within the legally
prescribed period to the Messager Group's request and in view of the practice of arbitrarily refusing to grant
operating licenses for stations, the complainant further maintains that the Messager [Group] announced in
mid-May 2003 that it will begin broadcasting programs on Radio Freedom FM on 24th May 2003. But on
23rd May 2003, even before Freedom FM began broadcasting, the Ministry of Communications took the
decision to ban the broadcasting of the said programs and the police and the army sealed the premises of
the radio station.
6. In September 2003, the Messager took the matter to court requesting for a break of the seals. After five
(5) months of consecutive adjournments, the Court of First Instance of Douala decided that the matter
came under the competence of the Administrative Court and took 3 months to deliver a written judgment
which should have enabled the Messager [Group] to appeal. Whilst the Court of Appeal should be
considering this appeal, equipment worth $110,000 continue to daily depreciate because of inadequate
storage conditions.
7. As the procedure in the civil court followed its course, the Ministry of Communications took Mr Pius
Njawe and the Messager Group to court for having 'set up and operated' without a license a radio
broadcasting company.
Complaint
8. The Complainant maintains that the facts stated above constitute a violation by Cameroon of Articles 1,
2, 9, 14 of the African Charter and consequently request the African Commission to consider as such and
request Cameroon to pay adequate compensation to the victims for multiple violations of their rights and
freedoms.
9. The Complainant moreover, requests the African Commission, in accordance with Article 111 of its Rules
of Procedure to request Cameroon to adopt provisional measures with a view to:
1. immediately lifting the ban affecting the programs of Freedom FM and authorise it to operate whilst
awaiting the outcome of the African Commission's decision on the complaint;
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