9 June 2020
His Excellency Mr. Paul Biya
President of the Republic of Cameroon
Presidency of the Republic, Palais de l’Unité
1000 Yaoundé
Republic of Cameroon
Email: cellcom@prc.cm; contact@presidenceducameroun.com
His Excellency Mr. Joseph Dion Nguté
Prime Minister and Head of Government
Primature de Cameroun
1000 Yaoundé
Republic of Cameroon
Email: spm@spm.gov.cm
Your Excellencies,
Re: Dismissal of human rights defender Mr. Felix Agbor Nkongho from University of Buea
We are a group of lawyers, academics, and non-governmental organizations from Canada writing to share our dismay and concern over the dismissal of human rights lawyer Mr. Felix Agbor Nkongho (also known as Agbor-Balla) on or about 6 May 2020 from his position as a lecturer at the University of Buea. We are writing to respectfully request the immediate reinstatement of Mr. Agbor Nkongho to his position as lecturer at the Faculty of Law and Political Science of the University of Buea, with all attendant rights and privileges.
This dismissal and its implications for Mr. Agbor Nkongho’s safety and academic freedom raise concerns for freedom of expression in Cameroon, given the history of harassment and retaliation to which Mr. Agbor Nkongho has been subjected in the context of widely reported human rights violations in the Northwest and Southwest regions of the country. These concerns are rendered more serious in light of Mr. Agbor Nkongho’s role as a human rights defender and prominent civil society leader, including his advocacy for international human rights in Cameroon at the UN Human Rights Council in Geneva in 2018 and 2019.
Mr. Agbor Nkongho was arbitrarily relieved of his teaching duties following a letter sent by Mr. Jacques Fame Ndongo, Minister of State, Minister of Higher Education, to Mr. Horace Manga, Vice-Chancellor of the University of Buea on 20 April 2020, ordering the University of Buea to take measures against Mr. Agbor Nkongho for infringing on the “apolitical character of the university.” It is our understanding that these developments were the result of a written examination in which Mr. Agbor Nkongho and his two co-lecturers asked their students to engage in scholarly discussion of the Anglophone crisis. The university launched disciplinary procedures against Mr. Agbor Nkongho and summoned him before a disciplinary panel for “non-compliance of professional obligations” without adequate notice, which led to his immediate dismissal without opportunity for a full and fair hearing. The disciplinary panel reportedly proceeded in absentia, and it appeared that a decision to dismiss Mr. Agbor Nkongho had already been taken prior to the hearing date. The university launched no such procedures against his co-lecturers.
It is our respectful view that Mr. Agbor Nkongho’s dismissal is contrary to Cameroon’s commitment to human rights and fundamental freedoms as enshrined in regional and international human rights treaties to which it is a party.
We are concerned about the systematic harassment of Mr. Agbor Nkongho and the restriction of his freedom of expression and civil liberties. His dismissal appears to be a form of retaliation against him for his peaceful exercise of academic freedom. We respectfully remind your government of the provisions of the 1998 United Nations (UN) Declaration on Human Rights Defenders which requires Cameroon to ensure that everyone “has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms” and to ensure the protection of human rights defenders against any “retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action” as a consequence of their legitimate exercise of their internationally-protected rights.[1]
It is our respectful view that Mr. Agbor Nkongho’s dismissal is part of a pattern of intimidation and aggression towards him for his human rights advocacy. On January 17 2017, after participating in a peaceful protest for the protection of the rights of the Anglophone minority, Mr. Agbor Nkongho was arbitrarily arrested and detained on charges of “terrorism,” “civil unrest,” “treason,” and “jeopardising the peace and unity of the Republic of Cameroon” by the Military Tribunal of Yaoundé. While all charges were ultimately dropped and Mr. Agbor Nkongho was released through Presidential Decree, he spent eight months in prison. In the most recent incident, the disciplinary procedures launched against Mr. Agbor Nkongho were based on academic work that engaged in discussion of Anglophone rights. As such, this dismissal raises serious concerns for similar retaliation and the escalation of unlawful reprisals in the future.
We join other human rights advocates and experts in our condemnation of Mr. Agbor Nkongho’s dismissal as a form of unlawful reprisal against him. Mr. Agbor Nkongho’s dismissal has been characterized as “censorship” by Human Rights Watch[2] and has been condemned by the Human Rights Foundation,[3] the Observatory for the International Federation for Human Rights[4] and the Scholars at Risk Network[5]. We also remind you of the appeal made to the Cameroonian government on 28 April 2020 by several UN Special Rapporteurs and Working Groups to strongly condemn all retaliation against human rights defenders such as Mr. Agbor Nkongho.[6]
We urge you to make a public statement to the Government of the Republic of Cameroon, the University of Buea and to the international community declaring that all human rights defenders, including Mr. Agbor Nkongho, have the right to academic freedom and freedom of expression. We also urge you to call on Mr. Jacques Fame Ndongo, Minister of Higher Education, and Mr. Horace Manga, Vice-Chancellor of the University of Buea, to:
- Order the immediate reinstatement of Mr. Felix Agbor Nkongho (also known as Agbor-Balla) in his full capacities as lecturer at the University of Buea, Faculty of Law and Political Science.
We further urge you to:
- Ensure that the rights of peaceful human rights defenders are respected, protected, and fulfilled in all circumstances, without any hindrance or fear of reprisals;
- Guarantee in all circumstances the freedom of expression of all human rights defenders and human rights organisations in Cameroon and take action to ensure that no individual or organisation faces reprisals for their legitimate human rights activities;
- Uphold and implement in all circumstances the provisions of the UN Declaration on Human Rights Defenders, in particular its Articles 1, 6 and 12.2;
- Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with all international human rights treaties ratified by Cameroon.
We stand ready to provide any additional information or support that you may require. We would appreciate your early reply to this letter.
Yours sincerely,
David Robinson
Executive Director / Directeur général
Canadian Association of University Teachers
Association canadienne des professeures et professeurs d’université
Ottawa, Ontario, Canada
James L. Turk
Director, Centre for Free Expression
Faculty of Communications and Design, Ryerson University
Toronto, Ontario, Canada
John Packer
Director, Human Rights Research and Education Centre, University of Ottawa,
Neuberger-Jesin Professor of International Conflict Resolution, University of Ottawa Faculty of Law
Ottawa, Ontario, Canada
Catherine Morris
Executive Director, Lawyers Rights Watch Canada
Vancouver, BC, Canada
Yonah Diamond, Legal Counsel
Raoul Wallenberg Centre for Human Rights
Montreal, Quebec, Canada
This letter is also endorsed by the following individuals:
Dr. Nicholas David, Emeritus Professor of Archaeology, University of Calgary
Calgary, Alberta, Canada
Ms. Eleanor Dennis, BCL/LLB Candidate, Faculty of Law, McGill University
Montreal, Quebec, Canada
Ms. Pearl Eliadis, human rights lawyer and Adjunct Professor, Faculty of Law, McGill University and Max Bell School of Public Policy
Montreal, Quebec, Canada
Prof. Robert G.W. Lapper, Q.C., David & Dorothy Lam Chair in Law and Public Policy, Faculty of Law and Faculty of Human and Social Development, University of Victoria
Victoria, BC, Canada
Mr. Vitus Ngaanuma, LLM Candidate, Faculty of Law, University of Calgary
Calgary, Alberta, Canada
Prof. Chris W. J. Roberts, Political Science, Faculty of Arts, University of Calgary
Calgary, Alberta, Canada
Prof. Nandini Ramanujam, McGill University Faculty of Law, Executive Director and Director of Programs, McGill Centre for Human Rights and Legal Pluralism
Montreal, Quebec, Canada
Dr. Meredith Terretta, Gordon F. Henderson Chair in Human Rights, Professor, University of Ottawa
Ottawa, Ontario, Canada
Prof. Brian S. Silverman, J. R. S. Prichard and Ann Wilson Chair in Management, Rotman School of Management, University of Toronto
Toronto, Ontario, Canada
Ms. Iffat Rahman, Representative, African Bar Association
Toronto, Ontario, Canada
The Global Campaign for Peace & Justice in Cameroon / L’Action mondiale pour la paix et la justice au Cameroun
Toronto, Ontario, Canada
Copied to:
Mr. Jacques Fame Ndongo
Minister of State, Minister of Higher Education
BO Pox 1457
Yaoundé
Republic of Cameroon
Email: celcom@minesup.gov.cm
Mr. Laurent Esso
Minister of State, Minister of Justice and Keeper of the Seals
Ministry of Justice
PO Box 466
Yaoundé
Republic of Cameroon
Email: hkembo@yahoo.com
Mr. Ferdinand Ngoh Ngoh
Minister of State, Secretary General
PO Box 100
Yaoundé
Republic of Cameroon
Email: cellcom@prc.cm
Mr. Paul Atanga Nji
Minister of Territorial Administration
PO Box 13799
Yaoundé
Republic of Cameroon
Email: pnpg@camnet.cm
Mr. Horace Manga
Vice-Chancellor of the University of Buea
South West Region
Buea
Republic of Cameroon
Email: service.vc@ubuea.cm
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
Email : mission.cameroun@bluewin.ch
Mr. Salomon Azoh-Mbi Anu’a-Gheyle
High Commissioner, High Commission for the Republic of Cameroon in Canada
170 Clemow Avenue
Ottawa, Ontario
Canada
K1S 2B4
Email: cameroun@rogers.com
Mr. Richard Bale
High Commissioner, High Commission of Canada in Cameroon
PO Box 572
Yaoundé
Republic of Cameroon
Email: yunde@international.gc.ca
Hon. Mr. François-Philippe Champagne
Minister of Foreign Affairs, Canada
House of Commons Office
Ottawa, Ontario
Canada
K1A 0A6
Email: francois-philippe.champagne@parl.gc.ca
Mr. Ignazio Cassis
Federal Councillor, Federal Department of Foreign Affairs
Bundeshaus West
2002 Berne
Switzerland
Email: kommunikation@eda.admin.ch
Ms. Michelle Bachelet
United Nations High Commissioner for Human Rights
Palais des Nations
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland
Email: ccpr@ohchr.org
Ms. Mary Lawlor
Special Rapporteur on the Situation of Human Rights Defenders
Palais des Nations
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland
Email: defenders@ohchr.org; urgent-action@ohchr.org
Mr. Diego García-Sayán
Special Rapporteur on the Independence of Judges and Lawyers
Palais des Nations
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland
Email: srindependencejl@ohchr.org
Mr. David Kaye
Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression
Palais des Nations
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland
Email: freedex@ohchr.org
Dr. Fernand de Varennes RP
Special Rapporteur on Minority Issues
Office of the High Commissioner for Human Rights
Palais des Nations
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland
Email: minorityissues@ohchr.org
African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District Western Region
PO Box 673
Banjul
The Gambia
Email: au-Banjul@africa-union.org
References:
[1] UN General Assembly, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: resolution, 8 March 1999, A/RES/53/144, see, particularly Article 12, available at: http://www.refworld.org/docid/3b00f54c14.htmal. The Declaration, while not in itself a binding instrument, is based on human rights standards enshrined in other international instruments that are legally binding, including the ICCPR. The Declaration was adopted by consensus of the General Assembly and thus represents a unanimous commitment by States to its implementation.
[2] Lewis Mudge, No Room for Debate in Cameroon Classrooms: Education Minister Censors Discussion of Anglophone Crisis, Human Rights Watch, 1 May 2020, available at: https://www.hrw.org/news/2020/05/01/no-room-debate-cameroon-classrooms.
[3] Cameroon Pressures University To Fire Anglophone-Rights Advocate and Lecturer, Human Rights Foundation, 13 May 2020, available at: https://hrf.org/press_posts/cameroon-pressures-university-to-fire-anglophone-rights-advocate-and-lecturer/
[4] Cameroon: Harassment against human rights lawyer Felix Agbor Nkongho, FIDH, 14 May 2020, https://www.fidh.org/en/issues/human-rights-defenders/cameroon-harassment-against-human-rights-lawyer-felix-agbor-nkongho.
[5] Scholars at Risk Network, 20 April 2020, https://www.scholarsatrisk.org/report/2020-04-20-university-of-buea/.
[6] UN OHCHR, Cameroon must protect human rights defenders – UN experts, 28 April 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25835&LangID=E.
