266/03 : Kevin Mgwanga Gunme et al / Cameroon
Summary of Facts
1. The Complainants are 14 individuals who brought the communication on their behalf and on behalf
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of the people of Southern Cameroon against the Republic of Cameroon, a State Party to the African
Charter on Human and Peoples’ Rights.
2. The Complain[an]ts allege violations which can be traced to the period shortly after “La Republique
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du Cameroun” became independent on 1 January 1960. The Complainants state that Southern
Cameroon was a United Nations Trust Territory administered by the British, separately from the
Francophone part of the Republic of Cameroon, itself a French administered United Nations Trust
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Territory. Both became UN Trust Territories at the end of the 2 World War, on 13 December 1946
under the UN Trusteeship System.
3. The Complainants allege that during the 1961 UN plebiscite, Southern Cameroonians were
offered “two alternatives” , namely: a choice to join Nigeria or Cameroon. They voted for the later.
Subsequently, Southern Cameroon and La République du Cameroun, negotiated and adopted the
September 1961 Federal Constitution, at Foumban, leading to the formation of the Federal Republic of
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Cameroon on 1 October 1961. The Complainants allege further that the UN plebiscite ignored a third
alternative, namely the right to independence and statehood for Southern Cameroon.
4. The Complainants allege that the overwhelming majority of Southern Cameroonians preferred
independence to the two alternatives offered during the UN plebiscite. They favoured a prolonged
period of trusteeship to allow for further evaluation of a third alternative. They allege further that the
September 1961 Federal Constitution did not receive the endorsement of the Southern Cameroon
House of Assembly.
5. The Complainants allege that the violations suffered by the people of Southern Cameroon
emanate from the UN plebiscite of 11 February 1961 organised to determine the political future of
Southern Cameroon, and the failure by the Respondent State to abide by the 1961 Federal
Constitutional[sic].
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6. They allege that on 1 October 1961 La Republique du Cameroun, with the tacit approval of the
British government, drafted gendarmes, police and soldiers from the Francophone side into Southern
Cameroon, which amounted to “forceful annexation”of Southern Cameroon. They allege that, “[a]t no
time was sovereignty over Southern Cameroon transferred to a new Federal United Cameroons or any
other entity.” They argue that the failure to exercise the third alternative, impacted negatively on the
right of the people of Southern Cameroon to self determination.
7. The Complainants allege further that “notwithstanding the forceful annexation,” the people of
Southern Cameroon remained a separate and distinct people. Their official working language is
English, whereas the people in La Republique du Camerounare Francophones. The legal, educational
and cultural traditions of the two parts remained different, as was the character of local administration.
In spite of the foregoing, they allege further that the Respondent State manipulate [sic] demographic
data to deny the people of Southern Cameroon equal rights to representation in government. They
allege that the people of Southern Cameroon have been denied powerful positions within the
national/federal government. They claim that the September 1961 Federal Constitution was designed
to respect those differences.
8. The Complainants allege further that from the outset of unification in 1961, and the declaration of a
unitary state in 1972, Southern Cameroonians remain marginalised. They allege that Southern
Cameroon was allocated 20% instead of 22% of the seats in the Federal/National Assembly, as per
the population ratio, thus denying them equal representation. They allege that in 1961 West
Cameroon was allocated 20 representatives in the Federal Assembly instead of 26. Later when
representation to the Assembly was expanded to 180 representatives, West Cameroon was allocated
35 representatives, instead of 40 representatives. The Complainants allege further that the
Francophones occupy local administrative positions in Southern Cameroon, and abuse their positions