UN Human Rights Council calls on Cameroon Government to immediately release Ambazonia leaders, Ayuk Tabe and others
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Opinions adopted by the Working Group on Arbitrary Detention at its ninety-fourth session, 29 August–2 September 2022
In November 2022, the United Nations Working group on Arbitrary Detention published on their website opinion No. 59/2022 concerning Julius AyukTabe, Wilfred Fombang Tassang, Ngala Nfor Nfor, Blaise Sevidzem Berinyuy, Elias Ebai Eyambe, Fidelis Ndeh-Che, Egbe Ntui Ogork, Cornelius Njikimbi Kwanga, Henry Tata Kimeng and Cheh Augustine Awasum (Cameroon and Nigeria)
In accordance with its methods of work, 1 on 13 April 2022 the Working Group transmitted to the Governments of Cameroon and Nigeria a communication concerning Julius AyukTabe, Wilfred Fombang Tassang, Ngala Nfor Nfor, Blaise Sevidzem Berinyuy, Elias Ebai Eyambe, Fidelis Ndeh-Che, Egbe Ntui Ogork, Cornelius Njikimbi Kwanga, Henry Tata Kimeng and Cheh Augustine Awasum. Neither Government replied to the communication. Both States are parties to the International Covenant on Civil and Political Rights.
According to the source, the 10 above-mentioned individuals have denounced their Cameroonian nationality and affirmed that of the North-West and South-West regions of Cameroon, including before an open military tribunal. The source notes that four of these individuals are refugees and six are registered asylum-seekers in Nigeria, as confirmed by UNHCR in Nigeria and the National Commission for Refugees, Migrants and Internally Displaced Persons of Abuja. In addition, Mr. AyukTabe, Mr. Ndeh-Che, Mr. Ogork, Mr. Kwanga, Mr. Kimeng and Mr. Awasum are reportedly lawful permanent residents of Nigeria. According to the source, the 10 individuals are active human rights defenders and activists, advocating for the rights to self-determination and restoration of the statehood of the territory and people of the North-West and South-West regions of Cameroon. In this regard, the source points to General Assembly resolutions 1352 (XIV) of 16 October 1959, 1514 (XV) of 14 December 1960 and 1608 (XV) of 21 April 1961, as well as articles 76 (b) and 102 of the Charter of the United Nations
The Working Group would like to express its concern over the deplorable conditions in which the 10 individuals were held, both in Cameroon and Nigeria, and over the denial of medical assistance. While in the custody of Cameroonian authorities, the individuals were also subjected to degrading and invasive searches and denied meaningful contact with the family. The Working Group feels obliged to remind the two Governments that, in accordance with article 10 of the Covenant, all persons deprived of their liberty must be treated with humanity and with respect to the inherent dignity of the human person, and that denial of medical assistance constitutes a violation of the Nelson Mandela Rules, in particular rules 24, 25, 27 and 30, and principle 19 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
Moreover, the Working Group is particularly disturbed over the uncontested allegations that, when held in the Secretariat of State for Defence facilities in Cameroon, the metallic doors of their cell were welded and painted with carbide and lead paint and occasionally sprayed with organophosphates while the 10 individuals were locked inside. This appears prima facie to be a violation of article 10 of the Covenant, and the Working Group refers the case to the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes for appropriate action.
The Working Group on Arbitrary Detention was established in resolution 1991/42 of the Commission on Human Rights. In its resolution 1997/50, the Commission extended and clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251 and Human Rights Council decision 1/102, the Council assumed the mandate of the Commission. The Council most recently extended the mandate of the Working Group for a three-year period in its resolution 42/22.
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Berinyuy Cajetan is the founder and publisher of Human Rights and Legal Research Centre (HRLRC) since 2017. He has intensive experience in strategic communications for Civil Society Organizations, campaign and advocacy, and social issues. He has an intensive experiencing in human rights monitoring, documentation and reporting.
