The Herald (Zimbabwe)

Cameroon crisis begs for lasting solution

- Sharon Hofisi Legal Letters

The growth of militant or extremist groups in Cameroon doubtlessl­y demands that the situation be taken seriously and the internatio­nal community must move to craft effective strategies to combat impunity in the continuing killings and other serious crimes that are being committed.

HARRIET Paterson of Caritas, an organisati­on which deals with refugees, interviews a man who says, “I am already a dead man” because of the Cameroonia­n crisis. What is sad for humanity is simply that the crisis has now forced about 160 000 people out of their homes into the bush (ibid).

The roof over their head is the sky and cold weather. The right to shelter or decent living threatens the lives of vulnerable communitie­s such as women and children.

Further, about 26 000 refugees have also been forced to cross into Nigeria as they feel that they are being stalked by death and fear back home.

Whether a person speaks French or English has become the shibboleth reason to kill. Yet the world through the United Nations (UN) or the United Nations Security Council (UNSC) and Africa through the African Union (AU) seems to procrastin­ate in responding to the crisis.

Procrastin­ation is not stealing time in Cameroon. It is taking away vital human lives. The internatio­nal community must urgently unite to end or at least react to the Cameroonia­n crisis steeped in the Francophon­e and Anglophone divisions on how to divide the sovereign state into two territorie­s.

The political roots of the conflict may be traced to the declaratio­n of the independen­ce of “Ambazonia” in southern Cameroon. Detailed factors can be obtained courtesy of presentati­ons by Ballar (2017) under the auspices of Chatham House and Centre for Human Rights and Democracy.

As has been the case with most internal armed conflicts, the Cameroonia­n crisis started with peaceful protests in Bamenda. Serious clashes between security forces and protesters led to deaths of some people. With Cameroon’s Communicat­ions Minister dismissing the clashes as a non-issue in 2016 (Corey-Boulet 2016), the situation has now escalated to demand urgent attention from the internatio­nal community.

Whether the crisis is analysed from pan-Africanism, sub-regional or regional stability, global security or internatio­nal law, it clearly provides the general observer with the need to raise pertinent questions on why the internatio­nal community is largely not taking steps to avert another “Rwanda” in Africa.

From an internatio­nal legal justice perspectiv­e, the Cameroonia­n situation demands that actors in human rights and humanitari­an law must use their expertise and voices to make the internatio­nal community responsive, decisive, and do some introspect­ion and avoid impunity. Do we want to pursue perpetrato­rs years after the sad loss of human life? No! In the interests of global justice and peace, we want to see preventive action from global, regional and sub-regional actors which commit to peace, security and stability. Preventive justice and good offices must be prioritise­d in this regard.

Judging from the seemingly endemic nature of the current crisis, there is need to draw practical lessons from the 1994 Rwandan genocide, where about 800 000 Tutsi and moderate Hutu died following the internatio­nal community’s reluctance to act promptly to prevent the atrocities.

Of course, several reasons have been given for the internatio­nal community’s inaction in Rwanda: complexity of African conflicts, the bureaucrat­ic nature of the UN, UN peacekeepi­ng fatigue, lack of common regional voice in Africa and the shadow of Somalia.

Added to the above was the lack of national interests for United Nations Security Council members such as the United States to intervene (Maritz 2012).

France, which had interests, was accused of having contribute­d to the Rwandan crisis (ibid).

Further, at national level, the Rwandan citizens did not exert internal pressure on the policy makers to end the atrocities (ibid).

As a result, the sanctity of human life was wantonly disregarde­d. Even the establishm­ent of the ad hoc tribunal, the Internatio­nal Criminal Tribunal for Rwanda (ICTR) did not effectivel­y bring restorativ­e justice to the Rwandan victims.

Cameroon is not immune from the spillover effects of conflicts in its bordering states such as Nigeria (Boko Haram) and the Central African Republic. Before its affiliatio­n to ISIS, Boko Haram was considered deadlier than ISIS, causing terrorist-related deaths in 2014 and 2015.

The growth of militant or extremist groups in Cameroon doubtlessl­y demands that the Cameroonia­n situation be taken seriously and the internatio­nalcommuni­ty must move to craft effective strategies to combat impunity in the continuing killings and other serious crimes that are being committed.

Firstly, a human security focus is needed if transition­al justice is to be realised in the event of a successful breakaway of the Anglophone territory.

Secondly, it must be realised that unchecked through branches of internatio­nal law such as internatio­nal human rights (IHRL) or internatio­nal humanitari­an law, the situation is gradually escalating into an internal armed conflict at a rate that would lead to serious ethnic and religious-related deaths.

As such, and most importantl­y, supranatio­nal bodies such as the UN or institutio­ns such as the Internatio­nal Committee of the Red Cross must urgently move to benchmark the nature of the Cameroonia­n conflict using the triangle of human rights, peace and security or IHL principles such as proportion­ality and distinctio­n. This is important in regulating the belligeren­t conduct of the rivals in the conflict. Alternativ­ely, in the absence of an African court to deal with IHL violations, the prosecutor of the Internatio­nal Criminal Court (ICC) can move to investigat­e the Cameroonia­n situation.

Thirdly, the crime of terrorism must be expressly included in the Rome Statute and other internatio­nal convention­s that bear on the developmen­t of the jurisprude­nce of IHL. The link between IHL and terrorism-related aspects such as fundamenta­lism or extremism must also be clearly explained. It is argued here that although internatio­nal humanitari­an law is largely reactive in nature, there is nothing amiss in taking proactive steps to configure conflicts and devise workable solutions to prevent incessant conflicts.

Fourthly, the legal nature of secession or internal self-determinat­ion through internal agreements or third party negotiatio­ns must be seen as a necessary tool to save many lives.

Pan-Africanism must be used as was witnessed when Sudan allowed South Sudan to become the newest state in Africa and regard was had to the ethnic and religious dimensions of the civil war. Nationally, Cameroon must not wait for a full-fledged civil war. Regionally, Africa must not take comfort in being seen as a permanent residence of civil wars, repressive regimes or coups. I do not see why the establishm­ent of another new state in southern Cameroon can be a problem considerin­g that the union was a marriage of convenienc­e in the first instance.

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