Wakilii

AFTRADEMOP and Another v Cameroon (Communication 336 of 2007)

African Commission on Human and Peoples' Rights · [2013] ACHPR 119 · 2013 Communication Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter, struck out for lack of diligent prosecution after admissibility decision
Decision
Communication struck out — complainants failed to prosecute after admissibility decision

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission on Human and Peoples' Rights struck out Communication 336/2007 for lack of diligent prosecution. After declaring the communication admissible at its 50th Ordinary Session, the Commission gave complainants sixty days to submit observations on the merits. Despite multiple reminders and a final one-month extension with warning of strike-out, complainants failed to submit any observations or correspondence. The Commission concluded this constituted lack of diligent prosecution and struck out the communication.

Outcome

Communication struck out — complainants failed to prosecute after admissibility decision

Facts

AFTRADEMOP and Global Welfare Association filed a communication on behalf of the Moko-oh Indigenous Peoples of Cameroon alleging historical oppression, land dispossession, and ongoing violations by the Bali-Nyonga tribe and Cameroonian authorities. The complainants alleged violations dating from the colonial period through independence, including forced displacement, destruction of villages, denial of land rights, suspension of their association, attacks on members, and failure of authorities to provide remedies. They alleged violations of multiple articles of the African Charter. The communication was received in February 2007, declared admissible at the Commission's 50th Ordinary Session in November 2011, and complainants were given until February 2012 to submit observations on the merits. No submissions were received despite a final reminder in August 2012 warning of strike-out.

Issues

  1. Whether the complainants failed to diligently prosecute their communication after it was declared admissible.
  2. Whether the Commission should strike out the communication for failure to submit observations on the merits within the prescribed time.

Orders

  • Communication struck out for lack of diligent prosecution.
  • Both parties to be notified of the decision.

Rules and key headnotes

Administrative Law — African Commission Procedure — Diligent Prosecution — Strike Out for Failure to Submit Merits
Where a communication has been declared admissible and the complainant fails to submit observations on the merits within the prescribed sixty-day period, and fails to respond to subsequent reminders including a final warning of strike-out, the African Commission on Human and Peoples' Rights will strike out the communication for lack of diligent prosecution.

Legislation cited (1)

  • African Charter on Human and Peoples' Rights Articles 3, 4, 5, 10, 11, 12, 14, 19, 20(1), 20(2), 20(3), 21, 24

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

AFTRADEMOP and Another v Cameroon (Communication 336 of 2007) [2013] ACHPR 119 (18 October 2013)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.