October 6-8, 2014 | Mission of PGA to Yaoundé, Cameroon

From 6 to 8 October, PGA conducted a field mission in Yaoundé, Cameroon, in the framework of the PGA Campaign for the Universality and Effectiveness of the Rome Statute system (Campaign for the Rome Statute of the ICC) to generate political will for the fight against impunity through the ratification of the Rome Statute of the International Criminal Court (ICC). In addition, the PGA delegation also succeeded in advancing the position of PGA in support of the ICC and of genuine national investigations prosecutions of international atrocities (principle of complementarity).

The PGA delegation consisted of Hon. Peter William Mandio, Chair of the Communication with the Commonwealth of the National Assembly of Cameroon, Sen. Raynell Andreychuk (Canada), Dr. David Donat Cattin, Secretary-General of PGA and Ms. Maïa Trujillo, Senior Program Officer for International Law and Human Rights, PGA. The delegation met with several Parliamentarians (majority and opposition), high-level government officials, stakeholders and relevant actors in Cameroon who agreed on the importance of the fight against impunity and the respect of human rights and the Rule of Law.

Background

Cameroon did not sign the Rome Statute and the Final Act of the Rome Conference, although a Cameroonian delegation attended such a conference and played an important and constructive role in the preparatory works of the conference. Cameroon was even one of the first signatories of the Statute on 17 July 1998. However, Cameroon is now one of the few sub-Saharan African countries that has not yet ratified the Rome Statute (33 out of 49[1]). This absence of Cameroon in the ICC system affects not only the universality of the Rome Statute in the region, but also undermines the cooperation network that can ensure the operation of an efficient ICC.

The ICC process has been stalled since 2001, without any real progress to account for since then:  In December 2000, a presidential decree established an inter-ministerial committee to prepare a draft ratification bill and consider ICC implementing legislation. On 30 June 2001, the Committee transmitted a draft bill of ratification to the President and to the Speaker of the Parliament. In 2007 and 2008, local sources revealed that a draft bill on ratification had been prepared by the Ministry of Foreign Affairs and the Government had committed to transmit it to the Parliament (no concrete timeline was put forward).

The main obstacle is lack of political will, as PGA member, Mr. Mbiam, MP declared at the ICC debate held in Ljubljana on March 17, 2008, at the African Caribbean and Pacific (ACP)-EU Joint Parliamentary Assembly (JPA) that there are no concrete obstacles justifying the delay of the ratification (for more information on our work wit the ACP JPA please click here: https://www.pgaction.org/ilhr/rome-statute/acp-eu-jpa.html).

In light of all the above, and as a direct follow-up of the Abidjan meeting of the PGA Working Group on the fight against impunity in Francophone African countries, PGA decided to send a delegation to meet with relevant stakeholders in order to encourage the government to take the relevant measures to end impunity through the ratification of the Rome Statute while building domestic multi-party support and parliamentary consensus for the adoption of a ratification bill. The mission took place at the margins of the 60^th Commonwealth Parliamentary Conference and in a difficult context for Cameroon surrounded by difficult country situations such as the Central African Republic crisis and periodic incursions of the Nigerian group Boko Haram into its territory.

Consultations

On Monday 6 October, the PGA delegation wet with Me. Sama Francis Asanga, President of the Cameroon Bar Council and his staff, as well as with the President of the National Commission of Human Rights and Freedom, Dr. Chemuta Divine Banda, who both expressed their full support for the ratification of the Rome Statute, the latter having already issued favourable recommendations in that sense to the attention of the government in the Past.

The delegation met with several parliamentarians from various political parties, in particular the Speaker of the National Assembly, H.E. Hon. Djibril Cavayé Yeguie, who emphasised the efforts of his country in support of the Rule of Law and committed to send a delegation to participate actively in the 8th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law to be held on 4-5 December in the Parliament of Morocco. The PGA delegation also met with Mr. Joshua Nambanji Osih, Deputy Chair of the main opposition party SDF (Front Social Démocratique) and noted his concerns on the perceptions of partiality surrounding the Court in Africa.

The Secretary General of the Ministry of External Relations, H.E. Mr. Pierre Moukoko Mbonjo, received the delegation of PGA on behalf of the Minister of External Relations, accompanied by the Directors of UN and Legal Affairs of the Ministry. They reminded the important role played by Cameroon during the 1998 Conference in Rome and that it was one of the first countries to sign the Rome Statute. They clearly stated that to ensure an international based order, the law should be applied equally, irrespective of the official capacity of the accused. In that sense, they praised the role the Court has played in Africa. They confirmed Cameroon’s will to ratify the Rome Statute, which started in 2000 with the putting in place of a drafting committee, but explained that it was a complex process involving many actors. However, they EXPLAINED that while Cameroon is working towards ratification, it is also incorporating some of the principles of the Rome Statute (e.g. the crime of genocide) into their new penal code, which should be transmitted to Parliament shortly. This is of particular importance given the national proceedings currently taking place in Cameroon against persons affiliated to Boko Haram, who have been arrested in Cameroon’s territory. They reaffirmed their commitment to the respect of fair trial proceedings for individuals belonging to terrorist-insurgency groups such as Boko Haram. PGA welcome this information and explained that the ratification of the Rome Statute would be in line with the efforts of Cameroon to respect human rights, which has led to the ratification of major international conventions on human rights and human dignity and most recently, in 2009, the Optional Protocol to the UN Convention on against Torture and in 2007 the Convention for the Protection of All Persons from Enforced Disappearance, which both contain elements of crimes under the jurisdiction of the ICC. In addition, the delegation reminded that the ICC is not a "human rights Court" and does not deal with violations of human rights, given the serious threshold for crimes against humanity, war crimes and genocide.

During its encounter with a chief legal advisor to the President of the Republic of Cameroon, H.E. Mr. Paul Biya, the PGA delegation was reassured that current reform of the Penal Code seeks to incorporate important international standards, including some of the crimes falling under the jurisdiction of the Court. The chief legal advisor confirmed the current ratification process continues to be under way, the draft ratification bill being still under examination at the Ministry of Foreign Affairs and to be sent to the Presidency in due course. The Chief Legal Advisor however reminded the PGA Delegation of the difficult situation that Cameroon is currently facing at its borders with thousands of refugees from the Central African Republic and Nigeria, the latter being the result of the systematic attacks from Boko Haram which requires a coordinated reaction from the neighbouring States.

The delegation also exchanged with representatives of the civil society who stated that Africa needs the Court as some of the most serious crimes of international concern are still committed in Africa. They committed to support national efforts towards ratification, while encouraging the Court to continue to reinforce its independence against any undue external pressure.

Finally, the PGA delegation met with the diplomatic community in Cameroon. The dfelegation was received by Ms. Allison Marriott, Deputy High Commissioner of the United Kingdom in the Republic of Cameroon and Mr. Arrey Ntui, Head of the Political Section of the Embassy of the United Kindgom. They confirmed the support of the UK to the ratification and implementation of the Rome Statute in Cameroon, which is particularly relevant due to Boko Haram’s recent attacks in the North of Cameroon. In addition, Mr. Serge Graziani, cooperation officer at the French Embassy also expressed France’s support to the ratification of the Rome Statute and highlighted the grave security threats to Cameroon today. Last but not least, the delegation met with the Head of Ddelegation of the European Union, H.E. Ambassador, H.E. Amb. Françoise Collet, to find ways of collaboration and to discuss strategies to reinforce Cameroon’s commitment to end impunity and to promote the prompt ratification of the Rome Statute by Cameroon, which would be a positive sign in support of the Court considering the attacks it has been under recently. The EU delegation praised PGA members’ efforts to create ownership around this issue in Cameroon within Parliament and the administration, in particular with the Presidency, which would comfort the leadership role of Cameroon as a solid democracy in the region. The EU delegation confirmed its support to this priority for international justice, to which Cameroon committed by ratifying the Revised Cotonou Agreement.

As a follow-up to this quite fruitful mission, PGA will continue to work with its member in Cameroon to create political support and multi-part support to ratification, notably through the sensitization of the relevant stakeholders (Parliamentarians but also with the support of other actors, governmental authorities, security sector, civil society and public opinion) and the empowerment of Lawmakers to take up such an important issue.

Conclusion

The mission was somehow successful as most of the actors, notably from the government the PGA delegation met with gave their commitment to promote a swift ratification of the Rome Statute. PGA will thus need to keep on working with all stakeholders to follow-up on those commitments and to build the ground for Cameroon to ratify promptly the Rome Statute.