PART A: Background to the African Regional Human Rights System The complainants in this case alleged, principally, a violation of their right to self-determination under Article 20 of the Charter arising from the failure of the Cameroonian State to address their appeals for autonomy, including the 1994 referendum in which Southern Cameroonians overwhelmingly supported separation.36 However, the Commission held that it could not ‘envisage, condone or encourage secession, as a form of self-determination for the Southern Cameroons’ as this would ‘jeopardise the territorial integrity of the Republic of Cameroon’.37 The Commission upheld the test established in the case of Katanga People’s Congress v. Democratic Republic of Congo, that in order for violations to constitute the basis for the exercise of the right to self-determination under Article 20 of the Charter, there must be: [Co]ncrete evidence of violations of human rights to the point that the territorial integrity of the State Party should be called to question, coupled with the denial of the people, their right to participate in the government as guaranteed by Article 13(1).38 The Commission also clarified that that ‘secession is not recognised as a variant of the right to self-determination within the context of the African Charter’ and that ‘various forms of governance or self-determination such as federalism, local government, unitarism, confederacy and self-government can be exercised only subject to conformity with State sovereignty and territorial integrity of a State party.’ In this case, the Commission found no violation of Article 13, which, combined with the absence of proof of ‘massive violations of human rights’, led the Commission to conclude that there had been no violation of Article 20 of the Charter.39 III. The African Commission on Human and Peoples’ Rights The African Commission, established under Article 30 of the Charter, has been able to hear cases since 1987 and, until the entry into force of the Protocol establishing the African Court on Human and Peoples’ Rights in January 2004, was the only mechanism for the implementation of the African Charter.40 1. Membership and Functioning Article 30 of the African Charter establishes the African Commission as an independent expert body comprised of eleven ‘African personalities of the highest 36 37 38 39 40 Ibid., paras. 184-186. Ibid., para. 190. ACHPR, Katangese Peoples’ Congress v. Zaire, Comm. No. 75/92, 16th Ordinary Session (22 March 1995), para. 6. ACHPR, Kevin Mgwanga et. al. v. Cameroon, Comm. No. 266/03, para. 200. See African Charter, supra note 9, Article 30; First Activity Report of the ACHPR, (April 1988) ACHPR/ RPT/1st, para. 4; see also, African Human Rights Court Protocol, supra note 22. 25