Complaint with the African Commission on Human and Peoples Rights - Communication n° 266/2003:

On 9 January 2003, the Southern Cameroons National Council (SCNC) and the Southern Cameroons Peoples Organisation (SCAPO) filed a complaint with the African Commission on Human and Peoples' Rights against the Republic of Cameroun (registered as Communication n° 266/2003 Re: Kevin Ngwane Ngumne and Co., acting on their behalf and on behalf of SCNC/SCAPO and the Southern Cameroons versus the State of Cameroon). Among other allegations, the complainants alleged that the Republic of Cameroun is illegally occupying the territory of Southern Cameroons. The Complainants alleged that the Republic of Cameroon has violated 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[2]. The SCNC and SCAPO ultimately seek the independence of the territory of Southern Cameroons[3]. In a decision reached at its 45th Ordinary Session on May 27, 2009[4], the African Commission on Human and Peoples' Rights found that the Republic of Cameroun has violated Articles 1, 2, 4, 5, 6, 7(1), 10, 11, 19 and 26 of the Charter. The Human Rights Commission determined that Articles 12, 13, 17(1), 20, 21, 22, 23(1) and 24 have not been violated.

The Human Rights Commission further recognized that under the African Charter and broad international law, Southern Cameroons meets the definition of a "people" under international law "because they manifest numerous characteristics and affinities, which include a common history, linguistic tradition, territorial connection, and political outlook". The Human Rights Commission declared itself incompetent rationae temporis, to rule on allegations that occurred prior to 18 December 1989, date on which the African Charter came into force for the Respondent State (Republic of Cameroun). Hence, the Human Rights Commission declared itself incompetent to rule on the complainants' allegations with respect to events that occurred from the 1961 United Nations plebiscite to 1972 when the Federal and Union Constitutions were adopted to form the United Republic of Cameroon during which the Complainants claim the Respondent State (Republic of Cameroun) "...established its colonial rule there, complete with its structures, and its administrative, military and police personnel, applying a system and operating in a language alien to the Southern Cameroon." The Human Rights Commission stated, however that, if the Complainants can establish that any violation committed before 18 December 1989 continued thereafter, then the Commission shall have competence to examine it.

The Human Rights Commission addressed the question, whether the people of Southern Cameroons are entitled to the right to self determination contextualizing the question by dealing, not with the 1961 UN Plebiscite, or the 1972 Unification, but rather the events of 1993 and 1994 on the constitutional demands vis-à-vis the claim for the right to self determination of the Southern Cameroonian people. The Human Rights Commission stated that to invoke Self Determination as prescribed by Article 20 of the African Charter, the Complainant must satisfy the Commission that the two conditions under Article 20(2), namely oppression and domination have been met. Based on events that occurred after December 18, 1989 the Human Rights Commission noted that the Complainants have not demonstrated if these conditions have been met to warrant invoking the right to self determination. The Human Rights Commission also noted that in their submission, the Respondent State (Republic of Cameroun) implicitly accepted that self determination may be exercisable by the Complainants on condition that they establish cases of massive violations of human rights, or denial of participation in public affairs.

The Human Rights Commission noted that autonomy within a sovereign state is acceptable, in the context of self government, confederacy, or federation, while preserving the territorial integrity of a State party, can be exercised under the African Charter.

The Human Rights Commission recommended that the Respondent State (Republic of Cameroun) should among other things enter into constructive dialogue with the Complainants, and in particular, SCNC and SCAPO to resolve the constitutional issues, as well as grievances.