83. The African Commission believes that this argument is an inference by the Respondent State that
the Complainants have not met the conditions laid down in Article 56.7 of the African Charter. Article
56.7 provides:
Communications … received by the African Commission shall be considered if they: (7) do not deal
with cases which have been settled by these States involved in accordance with the principles of the
Charter of the United Nations, or the Charter of the Organisation of African Unity or the provisions of
the present Charter.
84. Article 56.7 of the African Charter bars the African Commission from entertaining cases that have
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been settled by another international settlement procedure. The issue that the African Commission
needs to examine is whether the abovementioned complaint has been settled by some other
international settlement procedure.
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85. The African Commission has read the judgment of the ICJ in the Northern Cameroons case . In
that case the Government of the Republic of Cameroon asked the Court to declare whether, “in the
application of the Trusteeship Agreement for the Territory of the Cameroons under the British
Administration, the United Kingdom failed, with regard to the Northern Cameroons, to respect certain
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obligations flowing from that Agreement.”
86. It is the view of the African Commission that the matter before the ICJ was unrelated to the issues
before the African Commission. The African Commission states that for a matter to fall within the
scope of Article 56.7 of the African Charter it should have involved the same parties, the same issues,
raised by the complaint before the African Commission, and must have been settled by an
international or regional mechanism. The case before the ICJ was between the Republic of Cameroon
and the United Kingdom, and involved the interpretation and application of the Trusteeship treaty.
These facts clearly differ from the complaint before the Commission. As such the case falls outside the
scope of Article 56.7 of the African Charter.
87. For the reasons outlined herein above, the African Commission declares this communication
admissible.
Preliminary issue raised by the Respondent State regarding the jurisdiction of the African
Commission
88. Before dwelling on the substance of the allegations, the Commission wishes to dispose of some
preliminary legal issues raised by the Respondent State. The Respondent State questions the
Commission’s jurisdiction rationae temporis, and states the following:
“…the complaint by the Complainants contains an impressive number of cases of so called massive
violations of human rights which [are] alleged to have been carried out between 1961 and 2002. In this
regard, the State of Cameroon refuses to acknowledge in limine litis the jurisdiction rationae temporis
of the Commission with regard to acts before 18 December 1989, the date of entry into force of the
Charter.”
89. The Respondent State also challenged the notion, or the existence of a territory known as
“Southern Cameroon.” It states as follows:
“….it should be pointed out that in spite of the fact that the complainants refused to reveal their
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identities, they by no means ascertained to have been victims of violations imputed to the State of
Cameroon. And even when they act on behalf of a so called territory called Southern Cameroon. The
State of Cameroon will point out that no territory exists called as such in the Republic of Cameroon...”
90. The Respondent State, similarly, questions the existence of a “people” known as “Southern
Cameroonians” and as such states that, “…[s]upposing that there are a people of Southern
Cameroons, nevertheless, it would have to be proven that it is entitled to claim its self determination,
under the specific form of ‘separate statehood’.”
91. The Commission proposes to deal, firstly, with the question of its jurisdiction then the question
whether the people of“Southern Cameroon” exist as a “people” and whether the territory otherwise
referred to as “Southern Cameroon” does exist, and if it does, can its “people” exercise their
alleged “right to self-determination?”