October 2020

Monthly News Update: Southern Cameroons – October 2020

By: Kristoffer Burck, Junior Research Associate, PILPG-NL

This post collects updates from the past month concerning relevant developments in Southern Cameroons. The information is drawn from local and international online sources.

SCHOOLS IN SOUTHERN CAMEROONS

Attack on School | Bilingual School in Anglophone Region Attacked 

A bilingual school in Kumba town in the anglophone South-West Region of Cameroon was attacked by armed men on Saturday, October 24th. Different accounts report between four and ten deaths and dozens of wounded students. News outlets report also that the attackers arrived on motorbikes, wearing civilian clothes and carrying firearms and machetes. Witnesses describe indiscriminate attacks on students in classrooms. Among the victims are children as young as nine years old. [October 24th 2020]

Attack on School | Disagreement between Government and Separatists regarding responsibility for the attack

Different separatist groups have declared that the military is responsible for the attack on a school in the South-West region. Prominent actors, like Ayuk Tabe and the Southern Cameroon Civil Society Consortium, have alleged that the government forces conducted the killings at a bilingual school, labelling the attack a “genocide”. 

The Cameroonian Minister for Communications alleges that the Amazonian separatists conducted the attacks. In the same statement, he dismisses claims that the government forces might have been responsible. 

There are contradicting witness reports and no definitive evidence to support allegations of either side has been presented yet. [October 25th 2020]

Reopening of Schools | Government Officials Declare Schools are Opened

According to government officials, some schools in the anglophone North-West and South-West regions of Cameroon reopened on October 9th. A majority of schools have been closed for four years as a result of the ongoing conflict. Some anglophone activists backed reopening, while other factions remained reluctant to support the move, citing concerns about influence of the Cameroonian government on curricula. [October 9th 2020] 

Reopening of Schools | Teachers Refuse to Return

Attempts to reopen schools in the anglophone regions are met with resistance by teachers. More than 3.000 primary and secondary school teachers did not report to their schools in the first week, citing security concerns. The Cameroonian government offered the military transportation to schools, a move teachers have described as insufficient. [October 11th 2020]

POLITICAL OPPOSITION IN SOUTHERN CAMEROON

Opposition |  OHCHR Experts Call for Release of Opposition Figures 

High level experts of OHCHR express concern for the detention of opposition figures following protests in September. The press release from October 12th calls for the immediate end to detention of approximately 200 protesters. It further calls for an independent investigation into human rights abuses, allegations of forced disappearances, and ill-treatment of protesters. The experts specifically request the end of enforced house arrest of the opposition leader Maurice Kamto. [October 12th 2020]

Opposition | Opposition Leader Urges Supporters to Continue Resistance

In a rare statement, opposition leader Maurice Kamto addresses his supporters and proclaims that the resistance towards the current government will continue. As he is currently placed under effective house arrest, Kamto voices his optimism that he will win ongoing legal disputes on the illegality of his detention. [October 22th 2020]

October 2020

Monthly News Updates: Domestic Prosecution of International Crimes - October 2020

By: Alexandrah Bakker, Junior Research Associate, PILPG-NL 

This month saw prosecutions initiated in several states for international crimes. Most of these cases are in the early stages. However, the Bosnian state court convicted a former Serb Army commander for aiding genocide. 

EUROPE

Bosnia and Herzegovina | Bosnian state court convicts former Bosnian Serb Army battalion commander for assisting in genocide

The Bosnian state court sentenced Srecko Acimovic, former commander of the Bosnian Serb Army, to nine years in prison.  The court found that Acimovic knowingly assisted in detaining and killing over 800 Bosniak men from Srebrenica in July 1995,. [October 16, 2020] 

Bosnia and Herzegovina | Former Bosnian Serb reservist police officer on trial for crimes against humanity, pleads not guilty  

Predrag Bastah, a former officer in the Public Security Station in Vlasenica,  pled not guilty during his trial before the Bosnian state court for the killing of 37 Bosniak civilians.  Bastah is already serving a 22-year sentence for war crimes. [October 15, 2020]

France | Reports of French court’s willingness to try Rwandan doctor or genocide and crimes against humanity

Reports suggest that Eugène Rwamucyo, accused of being a member of the war committee that planned the genocide of Tutsis in southern Rwanda, will face charges of genocide and crimes against humanity before the French Cour d’Assises.  In 2007, Rwandan courts sentenced Rwamucyo in absentia to life in prison for his participation in the 1994 genocide, but the French courts refused to extradite him. [October 15, 2020]

Germany | NGOs file criminal complaint against the Syrian government for chemical weapons attacks

The Open Society Justice Initiative, the Syrian Center for Media and Freedom of Expression and the Syrian Archive filed a criminal complaint with the Office of the German Federal Prosecutor for the use of chemical weapons in Syria.  The complaint specifically relates to attacks using sarin in Ghouta in 2013 and in Khan Shaykhun in 2017. [October 7, 2020] 

THE AMERICAS

Ecuador | Confederation of Indigenous Nationalities of Ecuador files lawsuit against President Moreno for crimes against humanity

The Confederation of Indigenous Nationalities of Ecuador filed a the lawsuit accusing Ecuadorian President Moreno and other officials (including the Defense Minister) of crimes against humanity allegedly committed during the October 2019 protests. [October 13, 2020]

Internet Shutdowns and the Legality of Limiting the Right to Information

By: Diana Tuon Sposito, Junior Research Associate, PILPG-NL

The right to information is one of the rights protected under the scope of the fundamental human right to freedom of expression.  Respecting this right is essential for the enjoyment of several other rights, including cultural, social, and economic rights. However, people’s right to information may face a threat of violation when state authorities arbitrarily shut down the Internet, which happens more frequently than imagined. In this sense, this article analyzes the lawfulness of limiting the right to information in the cases of the worldwide phenomenon of Internet shutdowns.

The Right to Information

Under international human rights law, the fundamental human right to freedom of expression includes the right to have an opinion, which is the only unrestrictable right, as well as the right of freedom to seek, impart and receive information and ideas at any form.

As provided by Article 19 of the International Covenant on Civil and Political Rights (ICCPR), the right to freedom of expression can only be limited if based on one of two grounds: either to respect the rights or reputations of others; or to protect national security, public order, or public health and morals. However, even if falling under one of these two situations, for a restriction to be lawful, it needs to pass in the limitation test.

According to the General Comment 34 of the Human Rights Committee, the basic principles that regulate a lawful restriction are (1) legality, which requires the restriction to be prescribed by law; (2) legitimate aim, meaning that it needs to fall under a legitimate public interest; (3) necessity and proportionality ; and, finally, (4) the limitation has to be an exceptional measure.

The Limitation Test

Moreover, claiming a threat to national security or public safety so to legally shut down the Internet does not suffice. State parties to the ICCPR cannot invoke such grounds to suppress public information when it would not harm national security. 

Furthermore, The Human Rights Council (HRC) has manifested that access to information is critical in times of crisis, and that state authorities need to make exceptional efforts to protect journalists’ work to impart information. The HRC has also claimed that broad restrictions on access to the Internet cannot be based on the grounds of public order or national security.

In that sense, a limitations test has been established to assess the legality of a restriction to the rights protected by freedom of expression. For a restriction of the right to information to be considered legal, it must satisfy two conditions. First, the restriction must be extremely necessary, and the only possible manner to achieve protection for the situation that generated the need. Second, the  restriction has to be proportionate and the least intrusive option possible, with regard to considering the form of expression and the objective it wants to achieve.

Internet Shutdown

Internet shutdowns are intentional blockings or interruptions of Internet access or Internet-based communications for a specific population, location, or mode of access. In this way, the Internet becomes inaccessible or unavailable, either nationally or locally. This usually occurs in an attempt by a government to control the flow of information within a specific locality.

In 2019, 1,706 days of Internet access were disrupted by 213 Internet shutdowns across 13 states. The most common reason for Internet shutdowns that year was protests. Other common justifications are public safety, national security, and disrupting fake news.

During the COVID-19 pandemic, for instance, states like India, Bangladesh, and Myanmar have shut down the Internet as a measure to control the flow of information during the pandemic. According to ARTICLE 19, this was an attempt to diminish criticism of decisions taken during this period, hide corruption, extend the deadline for response, and a non-prioritization from governments to inform and be transparent. 

However, in most states that adopted internet restrictions as a way of dealing with the pandemic, the restrictions were not lawful since these measures were neither properly based on any of the grounds allowed, nor passed the limitation test. Considering the relevance of this pandemic, blocking the Internet refrained people from having access to updates on health measures, working remotely, or even communicating with family members. This means that the measures had a direct impact on the people’s right to information, and also stopped the media from informing its audience.

Moreover, it was not necessary nor proportionate, since there are less intrusive measures to deal with the pandemic, such as improving health facilities and giving information about precaution, which could have also been made available through the Internet.

Conclusion

Not only during the COVID-19 pandemic but in all circumstances, international law does not allow for unlimited restrictions on the right to information. In this sense, internet access providers or governments cannot block, slow down, or discriminate internet traffic associated with particular content as a way of restricting the user’s right to information indiscriminately.

Any restriction to the right to information needs a justification under one of the two grounds provided by Article 19, as well as passing the limitation test.. In most cases, internet shutdowns constitute a violation of the right to freedom of expression since they unlawfully restrict people’s right to receive, as well as the media’s right to impart, information of any kind.

August 2020

August 2020 - Human Rights Courts and Committees Updates

By: Diana Sposito & Mohammed Nazeeruddin Khan, Junior Research Associates, PILPG-NL

This month, several updates happened throughout the 16 human rights courts and committees. This article summarizes and highlights the most relevant news updates. 

INTERNATIONAL

Human Rights Council | Threat to Peace and Stability in South Sudan

The Human Rights Council, through the Commission on South Sudan, expressed grave concern over the escalating violence in 6 of its 10 states countrywide. The violence has seen large scale destruction and the displacement of nearly 80,000 civilians. The Commission informed that Sexual and Gender Based Violence was central to the violence, and starvation was rampant. The commission urged the parties to implement the peace agreement. [August 14th, 2020]

Committee on the Rights of Persons With Disabilities | UN Experts Launch Guidelines on Access to Justice for People with Disabilities

The UN Special Rapporteur for the rights of people with disabilities, the Committee on the Rights of Persons with Disabilities (CRPD), and the UN Secretary General’s Special Envoy for the rights of people with disabilities jointly launched the International Principles and Guidelines on Access to Justice for Persons with Disabilities. The guidelines outline 10 principles and are the first-ever practical handbook for states and other stakeholders. It aims to increase the accessibility of justice mechanisms for disabled people and is considered an important contribution to international human rights law. [August 28th, 2017]

Human Rights Committee | Underfunding is a Threat to Committees’ Work

Chairpersons of the 10 UN human rights treaty bodies, which monitor the implementation of international human rights treaties, called on states to properly support their work, warning that the current underfunding is set to affect upcoming review meetings from September onwards. The UN is facing a budget crisis, and, according to the chairpersons, this is a major threat to the Committees’ work. They noted that there is currently no guaranteed funding available to support the treaty bodies’ meetings from September onwards. [August 4th, 2020]

Committee on the Elimination of Discrimination Against Women | CEDAW calls Bosnia and Herzegovina to Recognize Sexual Violence Survivors’ Rights 

The Committee on the Elimination of Discrimnation Against Women (CEDAW) recognized that survivors of sexual violence in armed conflict have long been neglected in Bosnia and Herzegovina. Thus, the Committee urged the government to take immediate action to provide adequate social and economic support, after 25 years of impunity. It also concluded that conflict-related sexual violence investigations in the country had been ineffective and that proceedings were slow and the compensation was insufficient for the victims. [August 19th, 2020]

Committee on Enforced Disappearances | Statement on the International Day of the Victims of Enforced Disappearances

To mark the International Day of the Victims of Enforced Disappearances on 30 August, the UN Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances issued a statement claiming that states must continue to search for victims of enforced disappearances even during the COVID-19 pandemic. According to the Committee, the situation is all the more worrying as the searches and investigations into enforced disappearances are frequently being put on hold because of the restrictions introduced as a result of the pandemic. [August 27th, 2020]

AFRICA

African Commission on Human and People’s Rights | Concern over Oil Spill and Environmental Pollution in Mauritius

The African Commission showed grave concern over the oil spill in the Indian Ocean on the reef near Pointe d’Esny on the southeast coast of the Mauritian island. The spill allegedly occurred when the Japanese bulk carrier, the MV Wakashio, ran aground around July 25 and began to leak tons of diesel and oil into the ocean. It further gave several recommendations to concerned stakeholders and commended the Government of Mauritius for proclaiming an environmental emergency. [August 14th, 2020]

THE AMERICAS

Inter-American Court of Human Rights | Argentina is Responsible for Violating Right to Appeal

In the Judgment in the Case of Valle Ambrosio et al. V. Argentina, the Inter-American Court of Human Rights found the state of Argentina responsible for the violation of the right to appeal the ruling before a higher court, to the detriment of César Ramón del Valle Ambrosio and Carlos Eduardo Dominguez Linares. [August 5th, 2020]

Inter-American Court of Human Rights | Ecuador is Responsible for Sexual Violence Committed in a State School

The State of Ecuador was found responsible for sexual violence committed by state agents to an adolescent girl in the case Guzmán Albarracín y Otras vs. Ecuador. The act was committed in a state educational institution by the school director, which led to the suicide of the victim. This was the first case in which the Court looks at sexual violence against girls in state schools. [August 14th, 2020]

Inter-American Commission of Human Rights | IACHR Calls on the United States to Implement Structural Reforms in the Institutional Systems of Security and Justice 

In the framework of the protests against racial discrimination, the Inter-American Commission on Human Rights (IACHR) calls on the United States to make progress with structural reforms in its security and justice systems. The IACHR urges the State to make said reforms a central axis of transformation in eradicating institutional racism present in the actions of law enforcement authorities, as well as in the operation of the justice system, which has a disproportionate impact on the detriment of Afro-descendant persons. [August 8th, 2020]

Inter-American Commission of Human Rights | Joint Statement on the Necessity to Strengthen Environmental Protection During COVID-19 Pandemic

The United Nations Special Rapporteur on human rights and the environment and the Special Rapporteur for Economic, Social, Cultural, and Environmental Rights from the OAS’ Inter-American Commission for Human Rights issued a joint statement to highlight challenges related to the COVID-19 pandemic and the global environmental crisis. Instead of seeing Governments improve environmental safeguards in response to the pandemic, several regressions have been observed, with consequences on the enjoyment of the right to a healthy environment in the region. [August 13th, 2020]

EUROPE

European Court of Human Rights | Interim Measures in Aleksey Navalnyy case

The Grand Chamber of the ECtHR ruled to grant Aleksey Navalnyy an interim measure to allow his doctors and family to have access to him and evaluate if he is fit to be transported to Germany for treatment. The interim measure was granted under Rule 39 of the Rules of Court,Mr. Navalnyy’s family asked that he be transferred to the Charité hospital in Berlin for treatment. [August 24th, 2020]

August 2020

August 2020 - Southern Cameroon Updates

By: Editimfon Ikpat, Junior Research Associate, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROON. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES. 

United States demands investigation in killing of humanitarian worker 

Following the murder of Pastor Tanjoh Christopher Fon, a humanitarian aid worker with the Community Initiative for Sustainable Development by unknown armed separatist group, the United States embassy in Cameroon, has called for the investigation into the death of Pastor Tanjoh Christopher Fon. [August 11th, 2020]

American Bar Association urges UN to end Anglophone crisis

The American Bar Association at its last annual meeting, passed a resolution urging the United States, the United Nations and other states to facilitate dialogues between the Cameroonian government and separatist leaders in order to bring an end to the ongoing Anglophone crisis. [August 11th, 2020]

Anglophone refugees in Nigeria refuse visit of South West Governor

Anglophone refugees residing in Cross-River state of Nigeria, have refused the proposed visit of the Cameroonian South-West Governor – Bernard Okalia Bilai –  and have warned that such visit will be met with “stiff resistance” by the refugees. [August 10th, 2020]

Assessment of humanitarian situation by Swiss delegation

The Swiss delegation from the Embassy of Switzerland in Cameroon, visited Buea on a mission to evaluate the humanitarian situation and the needs of individuals resident in the region. Despite the visit, no “partnership” of any kind was discussed or signed between the delegation and the Buea authorities. [August 5th, 2020]