Open Society Justice Initiative v Cameroon (Communication 290 of 2004)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission closed the file after the parties reached an amicable settlement. The Government of Cameroon dropped criminal charges against the Freedom FM director, released the radio's equipment, committed to grant a provisional authorization to broadcast, and agreed to process the license application fairly. The parties agreed to settle compensation issues through further negotiations.
Outcome
Matter settled amicably between the parties; communication discontinued and file closed
Facts
In November 1999, the Messager Group headed by Pius Njawe began operating a radio station in Douala, Cameroon. Following liberalization of airwaves in April 2000, the Group applied for a broadcasting license but the Ministry of Communications did not respond within the statutory six-month period. In May 2003, the Messager announced it would begin broadcasting on Radio Freedom FM. On 23 May 2003, before broadcasting commenced, the Ministry banned the programs and police sealed the radio premises. The Messager sought judicial relief to break the seals, but the matter was delayed through procedural adjournments. Equipment worth $110,000 depreciated in storage. The Ministry also prosecuted Mr. Njawe for operating without a license. The complainant alleged the Ministry processed license applications arbitrarily and discriminatorily, issuing only informal temporary authorizations that provided no legal certainty.
Issues
- Whether Cameroon violated articles 1, 2, 9, and 14 of the African Charter by refusing to process radio broadcasting license applications and banning Freedom FM from operating.
- Whether provisional measures should be granted to lift the ban on Freedom FM and break the seal on its premises pending the Commission's decision.
Orders
- Communication discontinued at the request of the complainant.
- File closed.
- Parties requested to forward written copy of the amicable settlement to the Secretariat for inclusion in the file.
Legislation cited (6)
- African Charter on Human and Peoples' Rights art.1
- African Charter on Human and Peoples' Rights art.2
- African Charter on Human and Peoples' Rights art.9
- African Charter on Human and Peoples' Rights art.14
- African Charter on Human and Peoples' Rights art.55
- African Commission Rules of Procedure art.111
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.