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.
79. Pursuant to article 46 of the African Children‟s Chareter, the Committee undersores that it
has a mandate to draw inspiration form other internaional human rights treateis and
instruments adopted by the United Nations and by African Countires. According to this
mandate the Committee draws inspiration for the above-emtioned instrumetns in interprating
the charter in consideraing Comuncaitons inlcuding the case at hand. However, the
Committee does not have a mandate to find violations of other insturments aside from the
Charter.
80. Alleged vioaltions of the right to fair trial and the right to remedy have been merged and dealt
with under article 1 of the Charter, as part of the duty of the State to undertake to the
necessary steps, in accordance with its Constitutional processes to implement the provisions
of the Charter.
VIII.
The Committee’s analysis on request for Compensation
81. The Applicants in their submissions requested the Committee to order the Respondent State
to pay monetary compensation for TFA in the sum of 50 million CFA for the pain, suffering
and harm to her dignity, including physical, mental and emotional trauma. The Committee
draws inspiration from and recognizes the positive trend of ordering a determined amount of
monetary reparation to victims of human rights violations by various treaty bodies. 30 In this
regard the Committee shares the view of the African Court on Human and Peoples‟ Rights in
that „Any violaton of an interantioanl obligation that has caused harm entails the obligation to
provide adequte reparation‟.31 The Committee further notes that rape causes a deep and
long lasting phycological, mental and physical damange, that attracts reparation in the form
of moneraty compensation, among others.
82. The Committee notes that monetary compensation for non-pecuniary damage is assessed
by looking in to the various circumstances of a given violation and not through a
„mathematical formula‟.32 In the present case, TFA was only 10 years old when she was
raped multiple times. She will be impacted by the physical and mental trauma of being raped
at such a tender age for the rest of her life. TFA did not get justice for the harm she
sustained and the painstaking process of seeking domestic remedy added to her suffering.
Taking in to account these circumstances, the Committee deems the sum of 50 million CFA
to be a fair amount of compensation for the non-pecuniary harm suffered by TFA.
IX.
Decision of the African Committee of Experts on the Rights and Welfare of the
Child
83. For the reasons given above,the ACERWC finds the Respondent State in violation of its
obligations under article 1 (obligation of states parties), article 3 (non-discrimination) and
Article 16 (protection against child abuse and torture) of the ACRWC.
84. The African Committee of Experts on the Rights and Welfare of the Child therefore
recommends for the Government of Republic of Cameroon to:
a) Immediately ensure that the perpetrator of rape against TFA is prosecuted and
punished for violating TFA‟s right to be free from inhuman and degrading treatment
and ensure effective remedy for TFA;
b) Pay a sum of 50 million CFA to TFA as a compensation for the non-pecuniary
damage she sufferesd as a result of the above-mentioned vioaltions;
c) Enact and implement a legislation eliminating all forms of violence, including sexual
violence against children;
30
See; ACHPR decisions on Equality now and EWLA against Ethiopia, Egyptian Initiative for Personal Rights and INTERIGHTS
v Egypt, and the IACtHR case of García Lucero et al. v. Chile.
31
Rev Christofer R. Mitikila v United Republic of Tanzania African Court on Human and Peoples’ Rights para 27
32
Equality now and EWLA against Ethiopia Para 158 ACHPR.
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