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336/07 AFTRADEMOP & Global Welfare Association (on behalf of the Moko oh Indigenous Peoples of Cameroon) v Cameroon

ACHPR Decision

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Summary of the Complaint1
Articles alleged to have been violated6
Prayers of the Complainants6
The Procedure7
Reasons for strike out8
Decision of the Commission9

336/07 AFTRADEMOP & Global Welfare Association (on behalf of the Moko oh Indigenous Peoples of Cameroon) v Cameroon

ACHPR Decision

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Type of Document

Decision

Keywords

Inter-Tribal Disputes
Land Rights
Right to Property

Case Head Notes: The Complaint is submitted against the Republic of Cameroon (the Respondent State or Cameroon), State Party to the African Charter on Human and Peoples’ Rights (the African Charter). The Moko-oh are an agro-pastoral minority of Upper Moghamo, a clan in Batibo Sub-division of the North-west of Cameroon.

Country

Cameroon

Outcome: Struck Out

Year Decided: Feb 25, 2013

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 12: Right to Freedom of Movement
ACHPR 14: Right to Property
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 20 : Right to Self-Determination
ACHPR 20.1: Right to existence
ACHPR 20.2: Right to freedom for colonised or oppressed peoples
ACHPR 20.3: Right to the assistance of the State in liberation struggle for colonized/oppressed people
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 24: Right to a General Satisfactory Environment
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure

Feb 9, 2007 ~ Feb 25, 2013

Country Geolocation

Latitude: 7.369721999999999

Longitude: 12.354722

Country Geolocation (linked ACHPR Decision): Cameroon

Primary Documents

33607 AFTRADEMOP & Global Welfare Association (on behalf of the Moko oh Indigenous Peoples of Cameroon) v Cameroon.pdf
English
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African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Treaty

African Charter on Human and Peoples' Rights

rticle 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law. Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

4The 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 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups

Treaty

African Charter on Human and Peoples' Rights

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another. Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural

Treaty

African Charter on Human and Peoples' Rights

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.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.

Treaty

Rules of Procedure of the African Commission on Human and People's Rights

Rule 108 ProceedingsOnce a Communication has been 1. declared admissible, the Commission shall set a period of sixty (60) days for the Complainant to submit observations on the merits. These observations shall be transmitted to the State Party concerned for the submission of its observations within sixty (60) days

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- Treaty10
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- Countries (Geolocation) 1

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