46. The African Commission notes that the locus standi requirement is not restrictive so as to imply that
only victims may seize the African Commission. In fact, all that Article 56.1 demands is a disclosure of the
identity of the author of the communication, irrespective of him/her being the actual victim of the alleged
violation. This requirement is conveniently broad to allow submissions not only from aggrieved individuals
but also from other individuals or organisations (like NGOs) that can author such complaints and seize the
Commission of a human rights violation. The existence of direct interest (like being a victim) to bring the
matter before the Commission is not a requirement under the African Charter. The clear rationale here for
allowing a broad gateway for complaints under the Charter is the practical understanding, in Africa, that
victims may face various difficulties impairing them from approaching the African Commission. That
notwithstanding, in the present communication, the present complainants are themselves Bakweri, who
allege violation of their ownership of historical lands, and that the counsel himself and the BLCC has been
duly authorised, by a resolution of chiefs, to further the interests of the Bakweri, which fact has not been
denied by the Respondent State. The Commission adds that one may be represented, through express
consent or by the self-initiative of the author who speaks for him/her, irrespective of the fact that it is known
to the Commission that one is soundly capable of representing oneself. The Commission holds, thus, that
the present Complainant has locus standi and is entitled to bring this communication before the African
Commission.
47. To the objection that the Complainant failed to show a prima facie case [the Respondent State alleging
that the communication is unclear, interchangeably spoke of various matters, and is improper as it
remained deliberately imprecise about the illicit acts], the Complainant avers that it has provided precise
allegations of facts supported by relevant documents. The Commission examined the original complaint
and its supporting documents. Contrary to the Respondent State's objections, it is evident in the file that the
Complainant is indeed clearly alleging the alienation of the Bakweri Lands, which was triggered by the
Presidential Decree No. 94/125 of 14th July 1994 where the Government of Cameroon listed the Cameroon
Development Corporation (CDC) which is situate on Bakweri lands. It has alleged that this development will
in effect result in the alienation, to private purchasers, of approximately 400 square miles (104,000
hectares) of lands in the Fako division traditionally owned, occupied or used by the Bakweri. The
Complainant alleges that the transfer would extinguish the Bakweri (who are a particular ethnic group
whose status is never any where disputed by the Respondent State) title rights and interests in two-thirds of
the minority group's total land area in violation of Articles 7(1)(a), 14, 21, 22 of the African Charter. In
deciding to be seized of this matter at its 32 sup]nd[/sup] Ordinary Session held from 17th to 23rd October
2002 in Banjul, The Gambia the African Commission had found this presentation/narration of violation of
rights protected under the Charter to be sufficiently clear to be taken up by the Commission, and hence,
finds the present objection of the Respondent State untenable.
48. To the objection that the communication casts such suspicions and aspersions on the Cameroonian
judicial system and hence could be considered insulting per Article 56.3 of the African Charter, the African
Commission finds that there is nothing in the various submissions of the Complainant to warrant the
invocation of Article 56.3 of the African Charter so as to declare the complaint inadmissible on the grounds
of its being written in disparaging or insulting language. The Complainant can allege, among others, and as
it did with a view to be exempted from exhausting local remedies, that the president of the Republic wielded
extraordinary powers so as to influence the judiciary and that the judiciary is impartial and lacked
independence. This would be nothing but a mere allegation depicting, as it perceives it, the Complainant's
comprehension of the offices that it thought would not provide it with any remedies as the African
Commission would demand. Whether the allegations are true is another matter. At best, the Respondent
State may, if it so wishes, employ other means to acquaint the African Commission that the situation is
indeed otherwise. The African Commission notes, however, that such a rebuttal is not necessary for
purposes of examination under Article 56.3. Accordingly, thus, the African Commission finds the
Respondent State's objection per Article 56.3 of the African Charter unsustainable.
49. To the objection that the UN Sub-Commission has settled the matter and hence the African
Commission should not entertain the matter per Article 56.7 of the African Charter, the Complainant
responded saying that the Respondent State failed to distinguish complaints before the African
Commission that are pending before another international tribunal from those where the tribunal was seized
of the matter but declined to take action. It alleges that the African Commission has indeed addressed this
distinction in ACHPR Communication 40/90 Bob Ngozi Njoku/Egypt, which the UN Sub-Commission had
decided not to entertain. The African Commission had held that the rejection by the UN Sub-Commission
"does not boil down to a decision on the merits of the case and does not in any way indicate that the matter
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