There is no violation of African Charter and Other

relevant treaty, by refusing to register NUGAL.

The right to freedom of association has been provided

under art. 10 of african charter and art. 22 of ICCPR,

but this right is not absolute one.

Article 10, of African Charter and Article 22 of ICCPR

grantee the right to form an association, within the law.

Moreover, Article 27(2) of African Charter and Article

22(2) of the ICCPR, permits the exercise of this right, in

the interests of public morality, public order and

common interest.

Accordingly Article 10 of african Charter does not

protect association which does not abide by law and

which are against public morality and public order.

The right to sexual orientation is nowhere expressly

provided as human rights either under the African

Charter, ICCPR or any other relevant treaties.

Treaty bodies and courts have no mandate to create new

law on behalf of the state parties

Moreover, there is no international consensus

regarding same-sex right. In Africa, it is an abomination

immoral, unatural and evil culture.1

In his address to the UN, Assembly AU Chairperson,

president Robert Mugabe stated that we African reject

attempts to prescribe new rights that are contrary to our

values, norms, traditions and beliefs; we are not

homosexuals2

1
As above (Mugabe)&http://www.independent.co.uk/news/world/africa/the-7-worst-things-gambias-president-
yahya-jammeh-has-ever-said-about-gay-people-9977170.html(accessed 24 August 2016).
2
http://www.news24.com/Africa/Zimbabwe/Homosexuality-contrary-to-our-values-Mugabe-tells-UN-20150929
(accessed 24 August 2016).
The Respondent have its own sovereignity authority to

determine the marigin of appreciation of its own public

morality as state is in a better possition than

international communities to know the vital forces

within their territory.3

NUGALs objective is contrary to cultural and religious

values, morals and norms of the people of the

respondent. About 93% of population of respondents

supports the criminalization of same-sex relations.4

Its objective is criminal and immoral under Sections

246 of COOAK. And pursuant to section 17(2) (a) of

companies and societies Act, The companies and

societies Registry, shall refuse to register a local society

where any of the objects of the Society is or is likely to

3
Handyside v UK(7 December 1976) Ser A 24, para 48 &Siracussa Principles, para 27.
4
Fact, para 8
be used for any unlawful purpose or any purpose

incompatible with good order or morality of Kuntakinte

Accordingly these restrictions are imposed by law for

general interest of the public morality and it is

necessery and proportional.5

Moreover, the Respondents obligation as provided

under art. 17(3), 18(2) and 29(7) of the African Charter

is to promote possitive African cultural values

recognized by its community.6 As I have addressed

earlier, same-sex relation is considered evil, unnatural

and immoral by African community.

Moreover, the right to freedom association under art.

10 of African Charter, should be interpreted as

established by the African commission in Constitutional

5
Siracusa Principles para 27 & 28.
6
African Charter,Arts 17(3), 18(2)& 29(7).
Rights Project v Nigeria case, in a culturally sensitive

way, considering the moral values of the people of the

respondent state.7

In its jurisprudence, HRC in Ms. Juliet Joslin. v New

Zealand, case held that in light of the right to marry

under Article 23 (2) of the ICCPR, it does not find that,

by mere refusal to provide for marriage between

homosexual couples, the State party had violated the

rights of the individuals under Articles 17, 23, and 26 of

the ICCPR.8

This is not unique feature of RoK but there are many

countries in the world that follows the same positions

towards the indecent nature of homosexuality.

7
Constitutional Rights Project and Another v Nigeria (2000) AHRLR 235 (ACHPR 1999) para 26.
8
. Ms. Juliet Joslin et al. v New Zealand, Communication No. 902/1999, U.N. Doc. A/57/40 at 214 (2002)
Thus, Respondents laws that criminalise homosexual

acts and its promotion are in line with respondent states

obligation under the African Charter.

Moreover, Gay and lesbian is even not an issue for

the Kuntakinte:

For the the last six years no one has been convicted under

section 246 of COOAK, in (2010-2015). Moreover, 93% of

Kuntakintes population support the criminalisation of same-

sex relations.9 This indicates that gay and lesbian is not an

issue for the RoK.

Thus, the respondent submits that by refusing to register

NUGAL it has not violated the latters right to freedom of

association provided under African Charter and other relevant

treaties.

9
. Fact Para 8
 3. There is no violation of African Charter and

other relevant Treaties in respect of Trokosi

Custom

Respondent is mindful that, trokosi is harmful cultural

practice, accordingly it has shown its commitment to

realise the womens human right by ratifying several

human rights instruments.10

These instruments obligate the Respondent to abolish

harmful cultural practices that has adverse effects on the

human rights of the women.11The Respondent is

persistentily working towards fulfilling these

obligations.

In instant case, trokosi is practiced as a religeous in the

Bamileke region of RoK.

10
Fact, para 8.
11
African Charter,Arts 5 & 18(3); African Childrens Charter, Arts 1 & 2;African Womens ProtocolArts 2 & 5.
To abolish this practice, it has been taking necessary

steps including legislative and administrative meausres

as required by the law.12

In this regard, it has ratified wide ranges of

international human rights conventions that specifically

address the issue, incorporated them into the

Constitution and made justifiable to ensure their

domestic implementation.13 Certainly, these positive

measures have indispensable role in eradicating trokosi.

In addition, it is engaging with traditional leaders in the

Bamileke region. This has resulted in decline of the

practice over the last decades.14

12
African Charter & African Childrens Charter,Arts 1 & CESCR,Art 2(1).
13
Fact, para 7 &9.
14
Fact, para 5.
Though legislative measure has great impact, as

established by the Joint General Comment of CEDAW

& CRC Committee, engaging with stakeholders and

traditional leaders in a highly interconnected and

traditional community is the most effective means of

abolishing cultural practices like trokosi.15

Moreover, Trokosi is a long established bleif and

practiced over many generations. Changing this long

held and deep-rooted practice takes time and huge

resource.

Also, as established in General Comment No 3, on

ICSECR, based on its contexts and resource capacities,

15
Joint General Comment of CEDAW & CRC (CEDAW/C/GC/31-CRC/C/GC/18), para 76 & 80(f).
the Respondent is entitled to decide for itself the most

appropriate means.16

Thus, the legislative and administrative measures taken

are appropriate to abolish trokosi and these qualify its

core minimum obligation under articles 1 of the African

Charter and other relevant treaties.17

Therefore, the respondent humbly submits that it does

not violated the African Charter and other relevant

treaties concerning trokosi practice in the Bamileke

region.

16
General Comment No 3, Committee on SECR, para 4.
17
CESCR, Art 2(1) &General Comment No 3, Committee on SECR, para 10.
Prayer for relief

For the foregoing reasons, the respondent respectfully requests the

honourable court:

1. To declare that the African Court has no jurisdiction over the

Respondent and that the case is inadmissible.

2. To declare the RoK, has not violated the African Charter and other

relevant treaties with respect to circumstances leading to and the

conditions under which the suspected members of Young Panthers

group detained and the Respondents act is in line with its obligations

under the Charter;

3. To declare that, the Rok has not violated the African Charter and

other relevant treaties by refusal to register NUGAL as the restriction

is in accordance Articles 10 and 27(2) of the African Charter and 22

of ICCPR.

4. To declare that the Rok has not violated the African Charter and

other relevant treaties in respect of trokosi as it is taking the necessary

measures within its capacities to abolish the practice.