mgwanga gunme v cameroon communication 266 of 2003 2009 achpr 99 27 may 2009

mgwanga gunme v cameroon communication 266 of 2003 2009 achpr 99 27 may 2009

The Commission found that the people of Southern Cameroon qualify as a 'people' under the Charter and are entitled to collective rights, but the right to self-determination does not include secession absent massive human rights violations and denial of participation in public affairs. Cameroon violated several Charter rights, including non-discrimination, right to life, prohibition of torture, liberty and security, fair trial, assembly, and judicial independence, but did not violate the right to self-determination, development, or education as alleged. The Commission recommended abolition of discriminatory practices, compensation, judicial reform, and constructive dialogue.

Citation
mgwanga gunme v cameroon communication 266 of 2003 2009 achpr 99 27 may 2009
Parties
Complainants: Kevin Mgwanga Gunme et al; Respondent State: Republic of Cameroon
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
27 May 2009
Procedural Posture
Communication (human Rights Complaint) / Decision on Merits After Admissibility and Full Submissions
Outcome
Partial finding of violations; recommendations issued.
Legal Topics
Discrimination, Right to Self Determination, Right to Fair Trial, Right to Life, Right to Liberty and Security, Right to Assembly, Judicial Independence, Collective Rights, Language Rights
Source Language
English
Human Rights Law International Law Constitutional Law Discrimination Right to Self Determination Right to Fair Trial Right to Life Right to Liberty and Security +4 more

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Parties

Kevin Mgwanga Gunme et al

Complainants

Republic of Cameroon

Respondent State

Procedural Posture

Communication (human Rights Complaint) / Decision on Merits After Admissibility and Full Submissions

Legal Issues

  1. 1 Whether Cameroon violated the rights of Southern Cameroonians under the African Charter on Human and Peoples' Rights, including discrimination, fair trial, right to life, liberty, assembly, and collective rights such as self-determination and development; Whether the people of Southern Cameroon qualify as a 'people' under the Charter; Whether the right to self-determination includes a right to secession in this context; Whether the judiciary in Cameroon is independent as required by the Charter.

Ratio Decidendi

The Commission found that the people of Southern Cameroon qualify as a 'people' under the Charter and are entitled to collective rights, but the right to self-determination does not include secession absent massive human rights violations and denial of participation in public affairs. Cameroon violated several Charter rights, including non-discrimination, right to life, prohibition of torture, liberty and security, fair trial, assembly, and judicial independence, but did not violate the right to self-determination, development, or education as alleged. The Commission recommended abolition of discriminatory practices, compensation, judicial reform, and constructive dialogue.

Court Disposition

Partial finding of violations; recommendations issued.

Orders

  • Abolish all discriminatory practices against people of Northwest and Southwest Cameroon, including equal usage of English in business.
  • Stop transfer of accused persons from Anglophone to Francophone provinces for trial.