individual”. Article 18 serves as a break by referring to the family. Articles 19-24 make specific
reference to “all peoples.”
175. It continues:
“Given such specificity, it is surprising that the African Charter fails to define “peoples” unless it was
trusted that its meaning could be discerned from the prevailing international instruments and norms.
Two conclusions can be drawn from this. One, that the African Charter seeks to make provision for
group or collective rights, that is, that set of rights that can conceivably be enjoyed only in a collective
24
manner like the right to self determination or independence or sovereignty…”.
176. The Commission deduces from the foregoing discourse that peoples’ rights are equally
important as are individual rights. They deserve, and must be given protection. The minimum that can
be said of peoples’ rights is that, each member of the group carries with him/her the individual rights
into the group, on top of what the group enjoys in its collectivity, i.e. common rights which benefit the
community such as the right to development, peace, security, a healthy environment, selfdetermination and the right to equitable share of their resources.
177. It is in the light of the above that the Commission shall examine the allegations against the
Respondent State, concerning the violations of the collective rights cited hereinabove.
178. The Commission states that after thorough analysis of the arguments and literature, it finds that
the people of Southern Cameroon can legitimately claim to be a “people”. Besides the individual rights
due to Southern Cameroon[ians], they have a distinct identity which attracts certain collective rights.
The UNESCO Group of Experts report referred to hereinabove, states that for a collective of
individuals to constitute a “people” they need to manifest some, or all the identified attributes. The
Commission agrees with the Respondent State that a “people” may manifest ethno-anthropological
attributes. Ethno- anthropological attributes may be added to the characteristics of a “people”. Such
attributes are necessary only when determining indigenology of a “people”[quote], but cannot be used
as the only determinant factor to accord or deny the enjoyment or protection of peoples’ rights.
Was [sic] it the intention of the State Parties to rely on ethno-anthropological roots only to determine
[quote]“peoples’ rights,” they would have said so in the African Charter? As it is, the African Charter
guarantees equal protection to people on the continent, including other racial groups whose ethnoanthropological roots are not African.
179. Based on that reasoning, the Commission finds that “the people of Southern Cameroon” qualify
to be referred to as a“people” because they manifest numerous characteristics and affinities, which
include a common history, linguistic tradition, territorial connection and political outlook. More
importantly they identify themselves as a people with a separate and distinct identity. Identity is an
innate characteristic within a people. It is up to other external people to recognise such existence, but
not to deny it.
180. The Respondent State might not recognise such innate characteristics. That shall not resolve
the question of self-identification of Southern Cameroonians. It might actually postpone the solution to
the problems in Southern Cameroon, including those already highlighted hereinabove. The
Respondent State acknowledges that there have been problems created regularly by the secessionist
SCNC and SCAPO, in that part of its territory, which calls itself the “Southern Cameroon”.
181. The Commission is aware that post-colonial Africa has witnessed numerous cases of
domination of one group of people over others, either on the basis of race, religion, or ethnicity,
without such domination constituting colonialism in the classical sense. Civil wars and internal conflicts
on the continent are testimony to that fact. It is incumbent on State Parties, therefore, whenever faced
with allegations of the nature contained in the present communication, to address them rather than
ignore them under the guise of sovereignty and territorial integrity. Mechanisms such as the African
Commission were established to resolve disputes in an amicable and peaceful manner. If such
mechanisms are utilised in good faith, they can spare the continent valuable human and material
resources, otherwise lost due to conflicts fighting against ethnic, religious domination or economic
marginalisation.
182. The Commission shall address the question, whether the people of Southern Cameroon are
entitled to the right to self-determination. In so doing it shall contextualise the question by dealing, not
with the 1961 UN Plebsicite, or the 1972 Unification, but rather the events of 1993 and 1994 on the