Cameroon Government urge to abide to International Judgments

By Yemti Harry Ndienla

The government of Cameroon has been urged to abide to international judgments and particularly that of Banjul, in the matter between the government of Cameroon and the BLCC (The Bakweri Land Claims Committee). The statement is contained in a communique from BLCC – Europe, signed by its president, Louis Egbe Mbua, on 19^th August 2008.

It should be recalled that in September 2002, the BLCC filed a complaint under Articles 55, 56 and 58 of the African Charter on Human and Peoples' Rights concerning the violation of the land rights of the indigenous people of the Fako division. In its complaint, the BLCC had called on the commission to recommend, among other things, that the government of Cameroon affirm the lands occupied by the Cameroon Development Corporation (CDC) are private property; that the Bakweri be fully involved in any CDC privatization negotiations; and that ground rents owed to the Bakweri dating back to 1947 be paid to a Bakweri Land Trust Fund.

In its response, the Government of Cameroon argued that the BLCC case be thrown out. It said that the BLCC has no right (locus standi) to speak on behalf of the Bakweri; that the BLCC case was imprecise and unclear and that the BLCC's case was insulting because it had cast suspicions and aspersions on the Cameroonian judicial system. The Government of Cameroon further argued that the U.N. Sub-Commission has already settled the case brought before the African Commission and that the BLCC did not exhaust local remedies as all the actions the BLCC took certainly do not correspond to remedies mentioned by the African Charter.

However, after examining the written and oral submissions of both parties, the commission ruled that the BLCC has the right to speak on behalf of the Bakweri. The commission ruled that the BLCC had the locus standi and is entitled to bring its case before the African Commission because "the counsel himself and the BLCC has been duly authorized, by a resolution of chiefs, to further the interests of the Bakweri, which fact has not been denied by the Respondent State."

The commission also concluded that the government's argument had no historical or legal basis and rejected the government's call that the case be thrown out for insulting the Cameroon judiciary.
The commission's findings were again at odds with the government's position that the U.N. had already resolved the matter, and concluded that the "BLCC had presented compelling evidence with regards to the lack of independence of the Cameroon judiciary." As a result, the commission was reluctant to deliver a ruling, even though the BLCC had presented a strong case on behalf of the people of Fako. It referred the matter to mediation, as the next phase, and recommended that the BLCC and the Government of Cameroon "settle the matter amicably."

But it's rather unfortunate that while the government of Cameroon is yet to abide to the Banjul judgment, the Cameroon Development Corporation (CDC), in conspiracy with some government officials, are allegedly distributing parts of the said land illegally. Reason why the BLCC communique further launched a fervent warning to any person acquiring land from the CDC. “Any person acquiring land from the CDC is doing so at their own personal risk because what La Republique du Cameroun is doing is a criminal act; and we will treat it as such. We do not want another Bakassi in Cameroon: created by the intransigent government”.

“Let us be clear here: The CDC or the government of La Republique du Cameroun do not own one inch of the purported land in accordance with African traditional, universal ancestral, national and international law in concomitance with conventional wisdom” states the communique copied amongst others; Le President De La Republique du Cameroun; The President African Union, Addis ababa; The United Nations Secretary General, New York; The General Manager, Cameroon Development Corporation, Limbe, Cameroon and The Secretary General of BLCC, Buea, Cameroon.

While expressing BLCCs continuous interest in settling the matter peacefully, “the government de La Republique du Cameroun and her accomplice, the CDC, should abide to the Banjul Judgment that clearly states that they should not expropriate the CDC Lands which belong to the Bakweris of Fako Division, South-West Cameroon. Furthermore, the CDC has not paid their rents for the past 61 years when these lands were leased to them in 1947 by the Bakwerilands Committee. We will be asking them to pay up in the nearest future or face eviction: this applies to the “owners” of Tole Tea Estate and other violators”.

In support of BLCC - Europe, Lyombe Eko, of BLCC – USA, intimated “Working together, we are certain to win the just struggle to restore Bakweri land which were expropriated by colonial administrations and their post-colonial successors to its rightful owners, the natives. It is only a question of time”.

While congratulating BLCC-Europe, for keeping the spirit of the committee burning, the secretary general Mola Njoh Litumbe, intimated “serving our people, against a ruthless colonialist regime that not only does not respect its own Land Law, but ignores the decisions of international tribunals except those favourable to it is, from my personal experience, a tedious uphill enterprise that requires faith, courage and determination”.

It should be noted that BLCC – Europe was re-organized recently with the following as Board of Directors; Vice President: Iya Enanga Rosemary Ekosso, Secretary General: Mola John Janjo ( J.J.) Williams Jnr and Mola Val Ndeley Molulu, as special advicer