recanting the contents of her earlier statement – i.e., that her niece had not been raped on
the pretext of having been confused when sending the earlier text or „she will be sent up
there‟.
16. The Complainants allege that Mr. Gaby also received summons on the charge of aiding and
abetting an act of criminal defamation which was based on the suspicion that he was the
author of the text message, or that it was sent on his suggestion guiding Tebid Ruthda in
seeking justice for the victim, as the advocate for the victim.
17. The Complainants allege that the actions of the Police and the Examining Magistrate
coupled with the prosecution of Ms Tebid Ruthda and Mr. Ambo Gaby for defamation
manifests a refusal by the agents of the Republic of Cameroon to investigate and prosecute
the perpetrator, Mr. Angwah Jephter Mbah, who is suspected of raping TFA.
III.
THE COMPLAINT
18. The Complainants allege that, as a result of the above facts, and due to the failure by the
Respondent State to investigate the crime of rape committed against TFA, the Republic of
Cameroon is in violation of Articles 4 and 37 of the UN Convention on the Rights of the Child;
Articles 1, 2, 5, 7 and 18 (3) of the African Charter on Human and Peoples‟ Rights; Articles 2
(1), 3, 4 (1), 4 (2), 5, 8, and 25 of the Protocol to the African Charter on Human and Peoples‟
Rights on the Rights of Women in Africa; Articles 2, 3 and 5(a) of the Convention on the
Elimination of all Forms of Discrimination against Women, Articles 2, 12 and 13 of the
Convention Against Torture, Inhuman and Degrading Treatment or Punishment; and Articles
2(1) , 2(3) and 7 of the International Covenant on Civil and Political Rights, articles 2, 5 and 8
of the Universal Declaration of Human Rights. The Complainants also allege that Article 1 (1)
State obligation, Article 3 (non-discrimination) and Article 16 (Protection against Child Abuse
and Torture) of the African Charter on the Rights and Welfare of the Child have been violated
by the Republic of Cameroon.
THE AFRICAN COMMITTEE’S ANALYSIS ON DECISION OF ADMISSIBILITY
IV.
19. The Committee notes that the current Communication is submitted pursuant to Article 44 of
the ACRWC which allows the Committee to receive and consider complaints from „any
person, group or non-governmental organization recognized by the Organization of the
African Unity, Member States, or the United Nations on matters covered by [the Charter]‟‟.
The Complainants, therefore, have submitted that they have the competence to submit the
communication as recognized non-governmental organizations. The Complainants also
stated that the communication is directed against a State Party to the African Children‟s
Charter, as the Respondent State ratified the ACRWC on the 5th of September of 1997, and
within whose jurisdictions the alleged violations of the rights enshrined in the Charter have
allegedly been committed.
20. The Committee also notes that The Institute for Human Right and Development in Africa
and Finders Group Initiative are duly registered in the Gambia and Cameroon respectively
with physical addresses of Institute for Human Rights and Development in Africa, 949
Brusubi Layout, AU Coastal Highway, Banjul, The Gambia; and Finders Group Initiative,
Bamenda, Cameroon respectively. Moreover, it is also noted that the Communication is
submitted on matters covered under the ACRWC. Therefore, the Committee is of the view
that the Complainants have the capacity to submit a communication in accordance with
Article 44 of the ACRWC.
21. Moreover, the Committee notes that pursuant to Section II of the Revised Communication
Guidelines, the admissibility of a communication submitted pursuant to Article 44 is subject to
conditions relating to authorship, form and content. Hence, the Committee analysed whether
these requirements are met as discussed below.
i.
Requirement as to Authorship
22. Section II (1) of the Revised Communications Guidelines provides a communication may be
presented „by any intergovernmental or non-governmental organization legally recognised in
either one or more of the Member States of the African Union, a State Party to the African
Children‟s Charter or the United Nations.‟ The Complainants have submitted the
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