4.
That the survival of Cameroon in peace and harmony depends upon the attainment of this
objective towards which all patriotic Cameroonians, Francophones as well as Anglophones,
should relentlessly work.”
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15. Subsequent to the 1993 Buea Declaration, it is alleged that between 29 April and 1 May 1994,
the Second Anglophone Conference convened in Bamenda adopted the Bamenda Proclamation,
which stated, inter alia, that:
“….one year since the Anglophone constitutional proposals were officially submitted, the government
had not reacted to them;
that all efforts to generate the interest and understanding of the Francophone officials and
Francophone public generally in the Anglophone constitutional proposals had been greeted with
responses ranging from indifference through apathy to hostility…”
IN THE LIGHT OF THE FOREGOING the Anglophone people of Cameroon…; reiterated the
Resolution taken at its first session in April 1993… It stated further in paragraph 6 of the Proclamation
that; “6. Should the Government either persist in its refusal to engage in meaningful constitutional talks
or fail to engage in such talks within a reasonable time, the Anglophone Council shall inform the
Anglophone people by all suitable means. It shall, thereupon, proclaim the revival of the independence
and sovereignty of the Anglophone territory of Southern Cameroon and take all measures necessary
to secure, defend and preserve the independence, sovereignty and integrity of the said territory.”
(emphasis added)
16. The Complainants allege that the failure by the Respondent State to address the concerns of the
Southern Cameroon people for a new constitution, coupled with the adoption of the 1995 December
Constitution by the National Assembly of La Republique du Cameroun without public debate, meant
that the door was being finally closed on any future constitutional links between the Southern
Cameroon and La Republique du Cameroun. Henceforth, the Complainants decided to conduct a
signature referendum, in view of “the hostile atmosphere created by the occupying power… which
would not want to allow any form of consultation which might reveal the true suppressed aspirations of
the people of Southern Cameroons.”
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17. The Complainants aver that between 1 and 30 September 1995, the Southern Cameroons
National Council (SCNC) conducted a signature referendum which revealed that 99% of Southern
Cameroonians favour full independence by peaceful separation from the Respondent State.
18. Besides their claim for statehood, the Complainants allege further that human rights of various
individuals have been systematically violated by the Respondent State. The Complainants compiled
eye witness accounts and field investigations relating to arbitrary arrests, detentions, torture,
punishment, maiming and killings of persons who have advocated for the self determination of
Southern Cameroon.
Complaint
19. The Complainants allege that;
1. Articles 2, 3, 4, 5, 6, 7.1, 9, 10, 11, 12, 13, 17.1, 19, 20, 21, 22, 23.1, 24 of the African Charter
have been violated.
2. the Republic of Cameroon has violated its general duty under in Article 26 of the African Charter
to guarantee the independence of the judiciary.
Procedure
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20. The complaint was received at the Secretariat of the African Commission on 9 January 2003.
21. On 10 January 2003, the Secretariat acknowledged receipt of the complaint.
22. On 19 January 2003, the Secretariat wrote another letter to the Complainants requesting for
further information relating to the communication.