Mbiankeu v. Cameroon - 389/10


Decision of the Commission on the Merits

For the above reasons, the Commission:

151. Finds that the Republic of Cameroon has violated the provisions of Articles 1, 14, 16 and 18 of the African Charter.

152. Further finds, and by implication, that the Republic of Cameroon has violated the right to adequate housing.

153. As such:

i. Requests the Republic of Cameroon to provide the Complainant with a plot of land of equal value and nature in accordance with the description made and within the period prescribed by the Commission above.

ii. Requests the Republic of Cameroon, failing a compensation in kind, to make the following payments to the Complainant:

– an amount of 50,692,185 CFA francs corresponding to the total cost price for buying the plot of land;

– an additional amount to be determined on the basis of the criteria stated by the Commission above and corresponding to the appreciated sales value of the plot of land on the date of this decision. 37

iii. Further requests, in addition, the Republic of Cameroon to pay the Complainant damages assessed as follows:

– compensation for material damage, the amount of which shall be determined by mutual agreement between the parties under the conditions stated in this decision;

– an amount of 15,391,460 CFA francs as financial compensation for the deprivation of enjoyment of the rights related to the right to property;

– an amount of 5,000,000 CFA francs for non-material damages suffered as a result of the frustration and uncertainty experienced since the time the land was expropriated.

iv. Further requests the Republic of Cameroon to report in writing, within one hundred and eighty (180) days of notification of this decision, on the measures taken to implement these recommendations.

Adopted on 6 May 2015 during the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 21 April to 7 May 2015 in Banjul, The Gambia