5. Pays compensation to companies in Northwest and Southwest Cameroon, which suffered as a
result of discriminatory treatment by banks;
6. Enters into constructive dialogue with the Complainants, and in particular, SCNC and SCAPO to
resolve the constitutional issues, as well as grievances which could threaten national unity; and
7. Reforms the Higher Judicial Council, by ensuring that it is composed of personalities other than
the President of the Republic, the Minister for Justice and other members of the Executive
Branch.
2. To the Complainants, and SCNC and SCAPO in particular,
1. to transform into political parties,
2. to abandon secessionism and engage in constructive dialogue with the Respondent State on
the Constitutional issues and grievances.
3. The African Commission places its good offices at the disposal of the parties to mediate an
amicable solution and to ensure the effective implementation of the above recommendations.
4. The African Commission requests the Parties to report on the implementation of the aforesaid
recommendations within 180 days of the adoption of this decision by the AU Assembly.
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Done in Banjul, The Gambia at the 45 Ordinary Session, 13 - 27 May 2009.
Footnotes
1. The use of the term “Southern Cameroon” in this communication is not intended to confer any legal status or
recognition. The words“Southern Cameroon” describe the territory of the Respondent State where violations are
alleged to have occurred. Unless otherwise expressly stated, the terms, ”Southern
Cameroonians,” “Anglophones,” or “Francophones” describe the people said to occupy the two parts of the
st
Republic of Cameroon, which were prior to 1 January 1961 either English or French administered UN Trust
territories respectively.
2. Consolidated Communications 54/91, 61/91, 98/93, 164/97 & 196/97, 210/98 – Malawi African Association,
Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l’Homme and RADDHO, Collectif des
Veuves et Ayants Droit, Association Mauritanienne des Droits de l’Homme/Mauritania.
3. Communication 2/88 – Iheanyichukwu A. Ihebereme/United States of America
4. Communication 1/88 – Frederick Korvah/Liberia
5. Communication 97/93 (2) – John K. Modise/Botswana.
6. Communication 15/88 – Mpaka-Nsusu Andre Alphonse/Zaire.
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7. Cameroon v United Kingdom – judgement of 2 December 1963.
8. Ibid.
9. The issue whether or not a Complainant needs to be a victim in order to submit a communication before the
Commission is addressed, in para 62 hereinabove, when discussing Article 56.1 of the African Charter.
10. , See Paragraph 91 of the decision.
11. The SCNC (Southern Cameroons National Council) and the SCAPO (Southern Cameroons Peoples’
Organisation) are two political organisations defending the rights of the people of Southern Cameroons, including
their right to self-determination.
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12. 14 Annual Activity Report, 2000-2001.
13. The principle was stated in Communication 101/93; Civil Liberties Organization (In respect of the
Nigerian Bar Association)/Nigeria, where the Commission discussed the effect of the claw back clause
in Article 10, on the right to freedom of association and stated the following; "[f]reedom of association is
enunciated as an individual right and is first and foremost a duty of the State to abstain from interfering with the
free formation of association. There must always be a general capacity for citizens to join, without State
interference, in association in order to attain various ends. In regulating the use of this right, the competent
authorities should not enact provisions which would limit the exercise of this freedom. The competent
authorities should not override constitutional provisions or undermine rights guaranteed by the
constitution and international human rights standards". (emphasis added)
14. See para 27.
15. See the decision of the Commission on communications 54/91, 61/91, 98/93, 164/97 to 196/97 and
210/98 Malawi African Association, Amnesty International, Ms. Sarr Diop, UIDH and RADDHO, Collectif des
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veuves et ayants-droits, and Association mauritanienne des droits de l’homme v. Mauritania, 13 Annual Activity
Report, § 97.
16. § 2(g).
17. Communication 211/98 Legal Resources Foundation/Zambia, at para 70.