success, the mere fact that there is doubt as to their effectiveness
author of a communication from the obligation to exhaust them.
does not absolve the
83.
The State submits furthermore that the authors express strong suspicions about the ability
of Cameroonian courts to provide a useful remedy for the alleged victims; which clearly
implies that the remedies do not work.
84.
The Defendant State avers that the State has already demonstrated the absence of climate
of terror alleged against public authorities, whom are doing their utmost to fulfil their
obligation to guarantee the security of persons and property and to multiply the acts of
decongesting the social climate. In addition; the States .~s~erts
that':ithas
been addressing
<,1 ~;
tv~fl~,!
the several complaints lodged by parents regarding dis~timination aflschools.
(;k",
85.
The State submits, with regard to Article 56(7) of the Charter, that the central claim of the
present Communication around which the other allega,Rons oLdghts violationsare built is
the right to self-determination.
In that regard; it is"~lleged ~th,at the Commission has
deliberated on the matter several times.
86.
The State recalls Communication
No. 266/03,5 in which it is stated that the African
Commission on Human and Peoples! 'Rights cannot be invoked by a complainant
to
threaten the sovereignty and territorial int'egrity of a State Party (para 191). In that regard,
the State avers that this matter, which is 'based on the issue of self-determination
has
already been settled by the Commission;
"
The Commission's
87.
Analysis
i
on Admissibillry
The present matter is brought under Artic~e?5 of the Charter, and as such, needs to satisfy
the seven (7) cumulative conditions of Artfc':le 56 of the Charter on the Admissibility of
Communica tions.
Indication
of authors
Ij~;,
(Article 56 (1))
' "+;;\M.
,
'
88.
Article:'56 (1) state~}tPat Communications
should 'indicate their authors even if the latter
requestanonymity'. As recorded in the Complainant's submissions and the procedure, the
authors have been duly identified.
89,
The Respondent State argues that "it is difficult to establish the link between the applicants,
all of whom are established on foreign territory, and the alleged- populations of Southern
Cameroons,
and to determine whether they have received a mandateo",ff.9m~ these
populations to act on their behalf'. However, the Charter demands a 9(er%4ftd~a'ti;9'W,pf
authors, while it is silent on the need for a mandate. In addition, in '~He~seof M~a~i;:African Association et all Mauritania>, the Commission held that "Article 56.1 demands?
\
Communication No. 266/03 : Kevin Mgwanga Gunme et ai/Cameroon,
https;llwww.achQLQ[gLs.as..sl.onsLd.e_sctQJ1s1l~
654/91-61/91-96/93-98/93-164/97_196/97-210/98:
Malawi Africa
Association, Amnesty International, Ms Sarr Diop, Union interafricaine
5
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14