Subcommittee on International Human Rights Committee on Feb. 16th, 2021

[The Chair, Liberal, Peter Fonseca]

Welcome, everybody. It's great to see everyone after our break week last week.

This is a lucky number, I think. Number 10 is always a good lucky number. That's the meeting we are conducting today, pursuant to the motion on October 27, 2020.

We're proceeding with two briefings. The first will deal with southern Cameroon. The second will deal with Ethiopia.

Members, as we get into the questioning of the witnesses, when it gets down to about 30 seconds or so left of your time, I'll just flash the card so you're aware that you have about 30 seconds left to conclude.

For those who have not used this platform—such as our witnesses—at the bottom of your screen you'll see a globe. On that globe you're able to choose interpretation in English or French.

On that note, I am going to welcome our witnesses. From the USC Gould School of Law's international human rights clinic, we have Hannah Garry, who is the director there. From the National Democratic Institute for International Affairs, we have the senior associate and regional director for central and west Africa programs, Christopher Fomunyoh. From the Oasis Network for Community Transformation, we have the chair of the Cameroon working group, Efi Tembon. He's the executive director.

Witnesses, you'll have five minutes to provide your opening remarks and then we will go to members for questions.

We'll start with Ms. Hannah Garry.

You have five minutes, Ms. Garry.

[Professor Hannah Garry, Director, USC Gould School of Law International Human Rights Clinic]

Thank you so much.

Good evening, honourable members of the subcommittee. It really is a privilege to brief you all on the current situation in Cameroon. I really appreciate this opportunity.

As mentioned, I am the clinical director of law and founding director of the USC Gould School of Law’s international human rights clinic. I engage students in legal representation and advocacy for upholding fundamental human rights for all. In addition, I teach in the areas of international criminal law and transitional justice. I have been a legal officer and deputy chef de cabinet at the Yugoslav and Rwandan tribunals, visiting professor at the International Criminal Court, amici counsel in the Afghanistan hearing at the ICC, and a senior legal adviser to the Cambodia tribunal.

Relevant to this briefing, since the end of 2017 the USC clinic has been calling attention to the unfolding crisis in the anglophone regions of Cameroon, making detailed factual and legal submissions documenting serious violations of international human rights law to officials at international and regional bodies. In addition, the clinic has been briefing the U.S. Congress and the departments of state and treasury on the crisis. Currently, the clinic is preparing a detailed report documenting ongoing abuses against the civilian anglophone population, including through in-depth interviews with dozens of refugees, with a view to assist any future investigations of perpetrators.

What is the current situation in Cameroon? In the northwest and southwest regions, it is nothing short of an atrocity situation. It consists of widespread and systematic crimes against humanity against the civilian population and serious violations of international humanitarian law, or the laws of war, against civilians as protected persons, amounting to war crimes. Some non-governmental organizations are now warning of an impending genocide.

The current armed crisis began in 2016, when security forces cracked down with a violent use of force against widespread peaceful protests organized by anglophone lawyers and teachers against discriminatory policies in the legal system and schools. Now, after four years of escalating civil unrest between government forces and non-state armed groups, Cameroon faces a humanitarian catastrophe, exacerbated by the COVID pandemic.

More than 200 villages have been burnt to the ground. There have been widespread killings, currently estimated on the ground to be around 5,000 to 6,000; forced disappearances; arbitrary detention; torture; rape and other acts of sexual violence; and more than 700,000 civilians forcibly displaced from their homes, with over 60,000 refugees across the border in Nigeria and tens of thousands elsewhere. It is estimated that 81% of children in the anglophone regions, more than 800,000, have been unable to attend school since 2017. For the past two years, Cameroon has topped the list of most-neglected crises as published by the Norwegian Refugee Council, with around three million in need of humanitarian assistance.

What must be done? First, the violence must stop. For too long, over four years now, the international community has stood by or taken insufficient action while an atrocity situation has unfolded before our eyes. It is imperative that we do so to prevent an escalation to genocide. Second, there must be accountability for the abuses already perpetrated.

We in the clinic respectfully request the Canadian government to work together with African Union states and relevant western governments, such as the United States, the U.K. and EU member states, particularly France, to address the situation in Cameroon as follows.

First, issue strong resolutions, such as the recent U.S. Senate Resolution 684 of January 1, 2021, condemning the ongoing serious human rights abuses and calling for targeted Global Magnitsky sanctions against perpetrators on both sides of the conflict to signal that the international community is watching.

Second, implement targeted Magnitsky sanctions in coordination with other governments in order to encourage a ceasefire and discussions towards a peaceful resolution to the conflict.

Third, consider acting as a neutral third-party mediator, perhaps as part of a coalition of states, to facilitate inclusive dialogue between the parties for ending the conflict.

Fourth, support efforts towards establishing a fact-finding commission of inquiry through the UN or the AU to investigate the atrocities.

Finally, work to end impunity for atrocity crimes that have been perpetrated thus far through judicial proceedings, whether through support for a case against Cameroon before the International Court of Justice or investigation of perpetrators by a national, regional or international criminal jurisdiction, such as the International Criminal Court.

In conclusion, we urge Canada to play a leading role in intervening in the Cameroon situation as a member of the Commonwealth that has provided humanitarian and security aid to the country. Achieving peace and justice in Cameroon is critical, not only because of the numerous victims of atrocity crimes but also for promoting regional stability, stopping refugee flows and facilitating effective counterterrorism efforts.

Thank you for your attention. I look forward to your questions.

[The Chair, Liberal, Peter Fonseca]

Thank you, Ms. Garry.

Now we'll move to Mr. Fomunyoh.

[Dr. Christopher Fomunyoh, Senior Associate and Regional Director for Central and West Africa Programs, National Democratic Institute for International Affairs]

Mr. Chair and distinguished members of the subcommittee, thank you for this opportunity to testify before you regarding the ongoing armed conflict in Cameroon and the possible contribution that Canada could make towards ending the conflict while tackling the real and legitimate grievances of anglophones.

I'll be making my opening statement in English, but I would be happy to answer questions in English or French, as needed.

I just want to connect to the presentation by Professor Garry and update with regard to the number of children who are now out of school. The number as of today has gone up from 800,000 kids to 1.1 million kids.

Because she spoke about the status report, I'll go straight to the causes. The root causes of this crisis can be summarized in the botched reunification on October 1, 1961, of the former British Southern Cameroons with the Republic of Cameroun to form the Federal Republic of Cameroon. Over the years, this has been aggravated. In fact, during the past 60 years by a bad-faith effort by the francophone-led central government to assimilate the anglophone minority into the francophone majority. Since October 1, 1961, Cameroon has known only two presidents, both francophones and strong proponents of a highly centralized Jacobin system of government.

Hence, the frustration and disaffection of anglophones has grown for decades, driven in large part by government actions, including, first, the May 1972 abolition of the Federal Republic of Cameroon and adoption of the United Republic of Cameroon. Second is the February 1984 reversion of the country's name from the United Republic of Cameroon to the Republic of Cameroon, which coincides with the territory that obtained independence from France on January 1, 1960. Third is the October 1992 first competitive presidential election in Cameroon's history, with a contested outcome in which an anglophone was declared the runner-up whereas he and many of his supporters felt that he had won the race. Fourth, the April 2008 constitutional amendment undid presidential term limits and allowed the current President Paul Biya to serve as president for life.

What are my major concerns today? I have three.

I would like to draw the committee's attention to those concerns. One is the government's inclination to use the military and brute force to resolve the otherwise genuine, legitimate political grievances of anglophones. Two is the continuous poisoning of minds and furtherance of disaffection and polarization because of the killings and atrocities currently being perpetrated in former British Southern Cameroons. Three is the lukewarm attitude of the international community, beyond a few declarations and now Senate Resolution 684 of the United States, adopted on January 1, 2021.

I have recommendations.

Honourable Chairman, members of the committee, Canada is in a unique position to contribute to an end to the armed conflict and the search for a negotiated solution that addresses the root causes. Canada has a proud history of managing cultural diversity and heritage, and peacemaking. Canada is the only country that, like Cameroon, sits on both the Commonwealth of Nations and the Francophonie. It has mutually respectful relationships across Africa and with European countries that it could leverage and galvanize to help end the killings and atrocities being committed today in Cameroon.

I therefore submit the following recommendations for your consideration.

First, call for an immediate ceasefire and cessation of hostilities, and a public commitment by the Government of Cameroon and non-state actors to negotiations with third party facilitation.

Second, use your good offices to engage France so she can leverage her privileged position with the Government of Cameroon to get them to commit to peace negotiations to bring an end to the conflict and address its root causes.

Third is to adopt targeted sanctions against the perpetrators of mass killings, torture and other atrocities in the ongoing conflict.

Fourth is to use Canada's position on multilateral organizations such as the World Bank, the International Monetary Fund, the African Development Bank and even NATO to ensure that resources granted to Cameroon for development purposes are not diverted to execute a war against a people whose only crime is to be a minority with a distinct history and genuine political grievances.

Thank you for your time and attention.

[The Chair, Liberal, Peter Fonseca]

Thank you, Mr. Fomunyoh.

Now we'll move to Mr. Tembon for five minutes.

Go ahead, sir. Thank you.

[Efi Tembon, Executive Director, Chair Cameroon Working Group, Oasis Network for Community Transformation]

Honourable members of Parliament, I'm so grateful for the opportunity to be able to share in this hearing and to be able to share what's going on in Southern Cameroons.

A civil protest movement in Southern Cameroons against systemic oppression, and what most Southern Cameroonians consider recolonization, transformed into a major crisis in 2016. Rather than engage in peaceful dialogue, the Cameroon government cut the Internet and used disproportionate force and helicopter gunships against peaceful protesters, resulting in several deaths. As the protests continued, the killing also continued. Southern Cameroonians formed armed groups and started to fight back. The Cameroon president declared war.

This transformed into a lot of chaos and mass killings and a lot of crime going on. It has resulted in thousands of deaths, as my colleagues have already said. Hundreds of thousands of people are internally displaced. There are about 100,000 refugees in neighbouring countries, and children who have not gone to school for the last four years.

When we look at this conflict, some analysts have described it as Rwanda in slow motion due to the mass killings, extrajudicial and summary executions, and rampant human rights abuses. There is overwhelming evidence of ongoing systemic atrocities carried out on the population of Southern Cameroons. These atrocities amount to war crimes and crimes against humanity.

The “responsibility to protect” was coined in the International Commission on Intervention and State Sovereignty report that was set up by the Canadian government in December of 2001. The work of the committee was to make sure that the international community never again fails to stop genocide, war crimes, ethnic cleansing and crimes against humanity. Unfortunately, western governments so far have put economic values above human rights in their dealings with the Biya government in Cameroon and are playing bystander to genocide, war crimes and crimes against humanity. By doing nothing, these countries are fully supporting these atrocities.

Canada can be an exception. There is an urgency for the international community to live up to its responsibility to protect, to help facilitate negotiations, to resolve the root causes of the conflict, to carry out an international investigation and to refer perpetrators of these atrocities to the International Criminal Court.

We request that this committee and the Canadian government invoke the doctrine of responsibility to protect in Southern Cameroons and call for international mediation to resolve the root causes of the conflict and self-determination for Southern Cameroons.

We ask this committee and the Canadian government to ask the Commonwealth to expel Cameroon from the body and call for international sanctions against Cameroon's leaders and all those who are carrying out atrocities in Southern Cameroons, and to refer the case to the International Criminal Court to hold perpetrators of these crimes accountable.

Thank you very much.

[The Chair, Liberal, Peter Fonseca]

Mr. Tembon, thank you very much.

Thank you to all our witnesses for your opening statements.

I am just going to reiterate to the members that in about 25 minutes or so, we will have an e-vote. As soon as we hear it, we'll suspend. We'll all vote as quickly as we possibly can, and I ask that you come right back onto the platform so that.... I don't even know if we have to go off the platform. Is that right, Clerk?

We just stay on and vote, and then as soon as we're all done, we can restart the meeting. It will eat into some of our time, but I'll add that on to the end.

We're going to start our questioning with Ms. Anita Vandenbeld from the Liberals, for seven minutes.

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

Thank you very much.

I want to thank our witnesses for being here this evening on what is a very significant issue, but one that we don't hear about much in the media.

I'm particularly interested in what you were saying about Canada's unique position in terms of multilateral partners and being able to lead, particularly on impunity. When I hear the word “genocide”—one of the witnesses said we're in a position now where we could prevent a genocide—one of the keys to that is rule of law and impunity. I would like to hear from the witnesses about what specifically Canada could do, but also what we could do in partnership with other multilateral partners to ensure that we end impunity.

You could go in the order you spoke in. That would be good.

[Prof. Hannah Garry]

Canada, as a member state of the International Criminal Court, is in a particularly good position to potentially support any efforts made by the prosecutor's office towards investigation. Now, as you may know, Cameroon is not a member state of the International Criminal Court. However, because there are so many refugees fleeing across the border into Nigeria, there could be a jurisdictional nexus there on the basis of territory, and already the prosecutor is investigating in Nigeria with regard to other circumstances and alleged crimes. There is potentially the possibility for the prosecutor to look into things proprio motu. There may also be the possibility for Canada to refer the situation to the International Criminal Court as a states party.

In terms of multilateral efforts, I would strongly encourage Canada—I know you're not on the Security Council at the moment—to use your influence to negociate with those sitting on the Security Council to call for an open official discussion. There was an arria in 2019, but something more needs to be done and statements need to be made by the Security Council to notice the situation, address it and call it what it is.

[Dr. Christopher Fomunyoh]

If I may add in response to Honourable Anita's question, one of the challenges with the conflict in Cameroon is that we don't have access to the most updated information. Once in a while there's a massive atrocity, like the massacre in Ngarbuh or the massacre of schoolchildren in Kumba, and everyone cries out, but lives are being lost on a daily basis.

One of the things that Canada can do is to lead the calls for an official international fact-finding mission that would be able to go into the conflict areas and collect the data that are required to let the world know how many lives have been lost, how many people are in the bushes, how many people have been affected and how many people are in detention, so that we can have specific data to work with. Without such a high-level fact-finding mission, there's right now a lot of propaganda on social media. No one owns up to the atrocities that are committed unless there's proof the party has been identified with a specific act of massacre or a specific violation of human rights. A fact-finding mission would be a good place to start, and from there we would be able to identify the perpetrators and work to bring them to justice.

Because of the very polarized nature of this conflict, it's going to be incredibly difficult for justice to be meted out by parties who are themselves parties to the conflict. That's why there's a very strong emphasis on finding ways to bring the perpetrators of the massacres before an international jurisdiction and to work with other countries to make that possible. I think even though Cameroon is a signatory but hasn't ratified the Rome convention, the actions of the other member states that are being impacted by this conflict could facilitate an investigation by the ICC and jurisdiction being taken up by that institution. That would help us deal with the issues of impunity.

It's also important to see sanctions as one way of crippling impunity, because once targeted sanctions are meted out against the perpetrators, it sends a very strong signal that the world is watching and that impunity will no longer be accepted.

[Efi Tembon]

I will also add to what my colleagues have said. Canada can work alongside other countries. There's been some movement within the U.S. with the Senate resolution. There are some initiatives also going on in Germany. If Canada can join these efforts that would really help, because Cameroon has decided to just not care about resolution, but I think there's a need for some more pressure to happen to bring the Cameroon leaders around a negotiation table where they can discuss and settle the root causes of the conflict.

There also needs to be a ceasefire. If we can work together alongside other countries to bring a ceasefire, that would help.

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

Thank you.

I wanted to ask about the schoolchildren and the impact on gender and on girls, but—

[The Chair, Liberal, Peter Fonseca]

You have about 20 seconds.

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

—I don't think any of you will have a chance to answer, so if in the future rounds you have a chance, that would be helpful.

[The Chair, Liberal, Peter Fonseca]

Thank you.

Now we're moving to the Conservatives with Mr. Kenny Chiu for seven minutes.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Thank you, Mr. Chair.

Thank you, witnesses, for coming to the subcommittee to update us on the situation in Cameroon.

I have a question, and I would like to hear from each of you, starting with Mr. Tembon, then Mr. Fomunyoh and then Ms. Garry.

COVID-19 has pretty much stopped the world in many areas. I'd like to hear from you on the situation in Cameroon vis-à-vis the COVID-19 impact and whether it's stopped some of the conflicts or has actually created even worse situations for the civilians there.

[Efi Tembon]

I think COVID has created a very difficult situation for the people, because the government takes advantage of that to clamp down and take away the rights of the people. Most of the people in those regions are living in the bushes in those villages where houses have been destroyed. They don't have access to information, even information about COVID and how to prevent it, because they are living in bushes in the forest. It makes it a bit difficult for the people in those communities. Some are living in very crowded areas, so when you talk about social distancing, you don't have that going on, especially in Southern Cameroons.

[Dr. Christopher Fomunyoh]

Honourable members, you may be aware of the fact that, in 2020, the UN Secretary-General issued a statement calling for a global ceasefire because of COVID-19 and that the UN Security Council passed resolution 2532, asking countries and warring factions around the globe to embrace the ceasefire because of COVID-19. Obviously, their resolution didn't have any meaning in Cameroon, and some of the worst massacres that we saw occurred in 2020 right in the midst of the COVID-19 pandemic.

The concern now, the urgency now, is that, as Africa braces itself for the second wave of COVID-19, if nothing is done to bring about a ceasefire right now, the crisis is only going to be aggravated by the exposure that ordinary citizens have to the COVID-19 pandemic, with very little or no access to medical facilities, especially in the conflict areas.

[Prof. Hannah Garry]

I don't have a whole lot to add to my colleagues other than to note that, with the arbitrary detentions and other abuses that have been exacerbated because of the pandemic and COVID and, obviously, as Mr. Tembon stated, with the forced displacement and folks living in the bush and in very close quarters, it has made circumstances very difficult.

I would also note that, with regard to trials and fair trials, we are seeing that the COVID pandemic has been used as a pretext to deny folks due process.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Thank you.

All of you mentioned earlier that the government has committed atrocities and has taken advantage of COVID, for example, to further instigate the worst massacres, etc., but according to the information provided to us, the atrocities were committed on both sides—by the separatists as well. Exerting international pressure, applying Magnitsky sanctions and all that can only be applicable, mostly, to a regime, to the government itself.

Are there any suggestions you have for things that Canada can do to prevent both sides, especially the separatist side, from taking up arms and from hurting the civilian population?

Ms. Garry, let's reverse the order, then.

[Prof. Hannah Garry]

Our position in the clinic is that, with regard to alleged atrocities on the ground, it is important to investigate and look at both sides. Indeed, there are alleged war crimes and crimes against humanity with regard to armed, non-state actor, separatist groups as well.

In terms of applying pressure, I think the Magnitsky sanctions are one way to go about this. In addition to looking at alleged government perpetrators, Magnitsky sanctions can be imposed, not just on government but also on non-state actors.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Thank you.

Mr. Fomunyoh.

[Dr. Christopher Fomunyoh]

I would just add to that I think everyone who calls for thorough investigations, especially an international fact-finding mission, is open to having atrocities by whichever party is culpable or responsible identified. There's always the danger to try to rationalize. Also, while both sides have committed atrocities, there's a pattern of atrocities that are committed by uniformed officers and atrocities that are committed by the non-state actors, who, for the most part, are very involved in crimes such as kidnappings for ransom and sometimes the targeting of individuals whom they see as supporters of the state. There's a lot of work to be done, but for that work to be done, a high-level fact-finding mission would have to operate in a very non-partisan way and bring to the fore all of those who are guilty of those atrocities.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Thank you.

Mr. Tembon.

[Efi Tembon]

While on both sides there have been atrocities committed by armed groups—some horrible atrocities—the government has committed the worst kinds of atrocities you can imagine. From the facts we have gathered, it's horrible to see what they have done. I support the idea to fight to get a fact-finding mission on the ground. That will help us see what's going on in the Southern Cameroons. It's difficult to put an equivalent between both sides because the government is armed and supported by the international community. Armed groups are hiding in their communities, trying to defend themselves, and then through defending themselves, they commit some really horrible crimes, too. I would suggest that a fact-finding mission go into the Southern Cameroons to bring out the truth.