Acts of harassment faced by members of the Mbororo Social and Cultural Development Association (MBOSCUDA)

Judicial harassment/

Impunityof assassination attempt

Cameroon

June7, 2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Cameroon.

Brief description of the situation:

The Observatory has been informed by reliablesources about acts of harassment faced by members of the Mbororo Social andCultural Development Association (MBOSCUDA), an organisation defending therights of Mbororo pastoralists in North-Western Cameroon since 1992 following acomplaint filed by Mr. Baba Ahmadou Danpullo, a billionaire businessman, cattlerancher and tea plantation owner[1].

According to the information received, on May 10,2013, Mr. Musa Usman Ndamba, National Vice-President of MBOSCUDA, wassummoned to appear before the Court of First Instance in Bamenda, North WesternCameroon, following a complaint brought by Mr. Baba Ahmadou Danpullo for“propagating false information liable to injure public authorities”, “being aparty in a judicial proceeding on oath and making false declarations”, “makinga false report against Baba Ahmadou Danpullo liable to lead to his prosecution”and “injuring the reputation of Baba Ahmadou Danpullo by imputation ofunprovable facts”, offenses punishable by a prison sentence and a fine.

At the hearing, Mr. Ndamba refuted all the allegationsand pleaded not guilty. Mr. Ndamba was bailed, pending another hearingscheduled for May 27, 2013. On that day, as the landowner failed to appear incourt, the matter was adjourned to June 28, 2013, and the judge warned that hewould award costs against the landowner should he fail again to attend court.

This case of judicial harassment seems torelate to another criminal case on the assassination attempt of Mr. JeidohDuni, MBOSCUDA Para Legal Officer, on July 1, 2012. On July 18, 19 and 20,2012, five MBOSCUDA members, Mr. Jeidoh Duni, Mr. Adamou Isa, ExecutiveMember, Mr. Sali Haman, Regional President of the Littoral Branch, Mr. DahiruBeloumi, Local Councillor and member, and Mr. Njawga Duni,Veterinary Nurse and member, appeared as witnesses in an investigation into theattempted murder of Mr. Jeidoh Duni in order to identify the suspects of theassassination attempt as well as the person who hired them. MBOSCUDA membersmaintained that those who shot and injured Mr. Duni were hired killers anddemanded full justice in this case. Of the five suspects who were arrestedthree weeks after the incident, three confessed to the crime and one even wentso far as mentioning landowner Baba Ahmadou Danpullo as being the ‘sponsor’ ofthe attack. However, all the suspects were released soon after they were handedover to the Gendarme authorities of the North-West Legion. Despite theconfessions including phone records, and assurances from Government authoritiesthat justice will be done, the case file has still not been forwarded to thecourts and no one has been charged for the attempt on Mr. Duni’s life.

In an apparent act of retaliation againsttheir testimony, on April 23, 2013, the five MBOSCUDA members were summoned andappeared before the Bafoussam Military Tribunal[2]and were charged with “assault”, “defamation” and of “possession of fire-arms”at the time of the arrest of the suspects on July 18, 2012. They were then toldto go and wait to be called for a hearing. The irony is that Mr. Duni was inhospital seriously ill of his injuries on this date and the suspects in hisattack were arrested by the government rapid intervention anti-crime brigade(BIR) officers.

On April 23, 2013, the five were forced togo into hiding as they feared to be arrested due to suspicions of undueinfluence by the landowner on the gendarmes handling the case and the militaryjudicial authorities.

The Observatory expresses its deep concernabout those acts of harassment, and fears that they have increased afterMBOSCUDA and its members submitted in early May 2013 a report in the frameworkof the United Nations Human Rights Council Universal Periodic Review (UPR) ofCameroon in Geneva, outlining the various obstacles faced by the Mbororocommunity[3].

Furthermore, this incident of judicialharassment is far from being isolated. Other Mbororo leaders are presentlyundergoing judicial harassment in courts in Wum and Foumban as a result oftheir activism, including Messrs. Lamido Roufai Dahirou, Ahmadou Ahidjo, Elhadj Seiniand Ms. Hawaou Nana, prominent MBOSCUDA members and community leaders, as well as Messrs. SuleBuba Dicko and Useini Amadu, both of whom are leaders of the AkuCultural and Development Association (ACUDA). The afore-mentioned are beingprosecuted since February 18, 2013 for alleged “illegal fundraising” within theframework of a workshop on minorities and elections organised by ACUDA onFebruary 16, 2013, in Wum, North-West Cameroon. This workshop was authorised bythe authorities and attended by over 400 participants, includingrepresentatives of the authorities, members of Parliament, community leadersand politicians[4]. The next hearing isscheduled for June 13, 2013.

Actions requested:

Pleasewrite to the authorities of Cameroon and ask them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Messrs. Musa UsmanNdamba, Jeidoh Duni, Adamou Isa, Sali Haman, Dahiru Beloumi, Njawga Duni,Lamido Roufai Dahirou, Ahmadou Ahidjo, Elhadj Seini, Sule Buba Dicko and UseiniAmadu and Ms. Hawaou Nana, as well as of all MBOSCUDA and ACUDA members and all human rights defenders in Cameroon;

ii. Put an end to all actsof harassment, including at the judicial level, against Messrs. Musa UsmanNdamba, Jeidoh Duni, Adamou Isa, Sali Haman, Dahiru Beloumi, Njawga Duni,Lamido Roufai Dahirou, Ahmadou Ahidjo, Elhadj Seini, Sule Buba Dicko and UseiniAmadu and Ms. Hawaou Nana, as well as against all MBOSCUDA and ACUDA members and all human rights defenders in Cameroon;

iii. Fully implement therecommendation of the Inter-Ministerial Commission of Investigation (The JaniCommission) on the abuses by the landowner mentioned above, ordered by thePresident of Cameroon and submitted to the Office of the Prime Minister since2004, for action[5];

iv. Conform in anycircumstances with the provisions of the Declaration on Human Rights Defenders,adopted on December 9, 1998 by the United Nations General Assembly, inparticular:

- article 1, which statesthat “everyone has the right, individually or in association with others, topromote the protection and realization of human rights and fundamental freedomsat the national and international levels”,

- and article 12.2 whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”;

v. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights instruments ratified by Cameroon and article 45of the Constitution of the Republic of Cameroon, whereby “duly approved orratified treaties and international agreements shall, following their publication,override national laws, provided the other party implements the said treaty oragreement”.

Addresses:

• His Excellency Mr. Paul Biya, President of the Republic, Presidency of the Republic, Palais de l’Unité, 1000 Yaoundé, Cameroon, Fax +237 22 22 08 70
• H.E. Mr. Philémon Yang, Prime Minister and Chief Head of Government, Primature du Cameroun, 1000 Yaoundé‚ Cameroon. Fax: +237 22 23 57 65. Email: spm@spm.gov.cm
• Mr. Laurent Esso, Minister of Justice, Ministry of Justice, 1000 Yaoundé‚ Cameroon, Fax: + 237 22 23 00 05
• Mr. René Emmanuel SADI, Minister of Territorial Administration, Fax: + 237 22 22 37 35
• Dr. Chemuta Divine Banda, Chairman of the National Commission on Human Rights and Freedoms, Fax: +237 22 22 60 82, E-mail: cndhl@iccnet.cm / cdbanda26@yahoo.fr
• Ms. Enonchong Annet, Protection Officer of the National Commission on Human Rights and Freedoms, Email: annet_mbeng@yahoo.com
• H.E. Mr. Anatole Fabien Marie Nkou, Ambassador, Permanent Mission of the Republic of Cameroon to the United Nations Office in Geneva, Avenue de France 23, 1202 Geneva, Switzerland. Fax: + 41 22 736 21 65, Email: mission.cameroun@bluewin.ch
• S.E. M. EVINA ABE’E Daniel, Ambassador of Cameroon to Belgium & the European Union, Embassy of the Republic of Cameroon in Brussels, 131 av. Brugmann, 1190 (Forest), Belgium, Fax: + 32 2 344 57 35; Email: ambassade.cameroun@skynet.be; embassy@cameroon.be

Pleasealso write to diplomatic representations of Cameroon in your respective countries.

***

Paris-Geneva,June 7, 2013

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, an OMCT and FIDH venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and fax OMCT: + 4122 809 49 39 / 41 22 809 49 29

· Tel and fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80

[1] The Mbororo ethnic group is particularly numerous in the North-West Region of Cameroon. Their main source ofincome is raising cattle. In 1986, Mr. Baba Ahmadou Danpullo, a billionairebusinessman, cattle rancher and tea plantation owner and a member of theCentral Committee of the ruling Cameroon People’s Democratic Movement (CPDM)Party, established two cattle ranches in the Boyo and Menchum Divisions of theNorth-West Region. He allegedly forced both Mbororo pastoralists and farmingcommunities from their lands without compensation, which made him the largestsingle private landowner in the Region. Since then, the landowner, who is saidto have close links with the authorities, has been involved in land disputeswith Mbororo pastoralists. In 1992, MBOSCUDA was established to protect Mborororights and promote their development. Since then, MBOSCUDA members have beenharassed and threatened. MBOSCUDA has consultative status with the United Nations ECOSOC and theAfrican Commission on Human and Peoples’ Rights.

[2] In Cameroon, anycrime that involves fire-arms comes under the jurisdiction of the militarytribunal.

[3] See the report on http://www.upr-info.org/IMG/pdf/js1_upr_cmr_s16_2013_jointsubmission1_e.pdf

[4] The workshop was arestitution for a national workshop to promote the participation of Mbororoindigenous minority community in upcoming local elections. It was fundedthrough donations of members of ACUDA and local elites. The national workshopwas funded by Minority Rights Group International.

[5] The commission was created by the Minister of Justice throughMinisterial Decision No. 164 of 2nd July 2003, modified by Decision No. 230 of 13August 2003, to investigate human rights abuses by Mr. Danpulo against theMbororo including arbitrary arrests, trumped charges, imprisonment, torture,expropriation of lands, interference with Mbororo community leadership, etc.Recommendations of the Commission include that the authorities retrace andwhere necessary re-demarcate the legal boundaries of ELBA Ranch in accordancewith Land Certificate No. 140/Menchum of 1st December 1989, with a surface areaof 4,726 hectares; that the authorities retrace and where necessaryre-demarcate the legal boundaries of the Land Grant measuring 1,335 hectaresallocated to Baba Ahmadou Danpullo for transhumance; that Baba Ahmadou Danpulloliberates illegally occupied lands; that Baba Ahmadou Danpulo pays compensationto those who were displaced by ELBA Ranch; that the authorities identify thevarious Mbororo communities in the North-West capable of being led bytraditional rulers designated in conformity with the law; that the authoritiestake measures with regards to the illegal and irregular functioning of NdawaraAlkali Court. For more information, please see: http://justice-dignity.net/wp-content/themes/green-stimulus/Jani_Commission_Report.pdf