human rights and fundamental freedoms under general international law or under human
rights conventions. Lastly, the Complainants submitted that the denial of the right to appeal
is a violation of the right to a fair trial in accordance with article 7 of the African Charter on
Human and Peoples‟ Rights.
The Respondent State’s Submission on the Merits
39. During the hearing that took place during 30th Ordinary Session of the Committee that was
held in Khartoum, Sudan, the Respondent State submitted that some developments have
been recorded from the time of the submission of the case. These developments include:
The National Strategy on sexual violence has been updated in 2016; Sensitization was
carried out for more than 50,000 individuals including key actors; an instrumental normative
ACT 007/2016 which talks about female genetile mutilation (FGM) and Sexual harassment
(art 72) and domestic violence has been adopted in January 2017; forced marriage between
rapist and the victim has been prohibited; trainings have been organized for judges,
magistrates and national police; psychosocial support has been provided for victims.
40. The Respondent State further submitted that an action plan for the elimination of sexual
abuse, and trafficking, harmful tradition practices are now in place. Mechanisms are also
established with a view to providing shelters for victims of violence in 10 regions in form of
orphanages; education centres, training centres, rehabilitation centres. The Respondent
State also submitted that psychosocial support was given to the victim child in the current
communication as well as her family and the prosecutor have already appealed the case to
a higher court, hence, the case is pending before the court of appeal in Bambenda and the
hearing was scheduled to take place in January 2018. As the principle of subsidiarity defines
the relationship between the State and the ACERWC, it was the Respondent State‟s
submission that the ACERWC waits for the matter to be settled before the local court as it is
still pending. The Respondent State also informed the Committee that there have been
similar procedures that have been pending in various Courts in Cameroon. For instance in
2016 there were almost 264 judgements on cases that had to do with violence against
children, out of which 126 of them are now settled by courts of the required jurisdiction. On
this basis, the Respondent State argued that there is a mechanism to protect the child from
violence in Cameroon.
VII.
The Committee’s analysis on the merits of the alleged violations
i.
Alleged violation of article 1 on general measures of implementation
41. Article 1 (1) of the ACRWC provides „States Parties to the present Charter shall recognize
the rights, freedoms and duties enshrined in this Charter and shall undertake to the
necessary steps, in accordance with their Constitutional processes and with the provisions
of the present Charter, to adopt such legislative or other measures as may be necessary to
give effect to the provisions of this Charter‟.
42. This provision of the ACRWC obliges State Parties to the ACRWC first to recognise all the
rights, freedoms and duties enshrined under the Children‟s Charter. Upon recognition of the
rights, freedoms and duties enshrined under the Charter, State Parties to the ACRWC are
required to undertake all the necessary steps to adopt such legislative or other measures as
may be necessary to ensure implementation of provisions of Children‟s Charter.
43. As a State Party to the ACRWC, the Respondent State is obliged to take legislative and
other measures that enable to protect children from sexual abuses including rape. As the
Committee noted in the case Minority rights group international and Sos-esclaves on behalf
of Said Ould Salem and Yarg Ould Salem v The Government of the Republic of Mauritania,
the obligation „to take legislative measures‟ recognises actions to promote and protect the
rights of the child and needs a clear foundation in national legislation, as well as
accompanying policies and guidance that support its implementation. In relation to obligation
of „taking other measures‟, the Committee would like to reiterate that the focus should be on
administrative and judicial measures that State Parties are obliged to undertake with a view
to protect and promote children‟s rights.
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