As has been discussed in many posts, for the last several years the government of Cameroon has been engaged in armed conflict with the minority of Cameroonians whose principal European language is English (the Anglophones). In the course of that conflict, the government allegedly has committed many human rights violations.
This record and the objections against these acts were voiced by many other governments during Cameroon’s recent Universal Periodic Review by the U.N. Human Rights Council, which is the body within the U.N. system made up of 47 States responsible for the promotion and protection of all human rights around the globe. These Council members are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly [purportedly] takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard. (Emphasis added.)
Despite Cameroon’s dismal human rights record, on October 12, 2018, the U.N. General Assembly elected Cameroon to be a member of the Council for a three-year term beginning January 1, 2019.
Amnesty International Human Rights Watch and other rights groups objected to the election of Cameroon and certain other countries. “Elevating states with records of gross human rights violations and abuses is a tremendous setback,” said Amnesty International USA’s advocacy director, Daniel Balson. “It puts them on the world stage, and moreover, it empowers them to fundamentally undermine notions of human rights that are accepted internationally.
In this context, Human Rights Watch raised “serious concerns about human rights in . . . Cameroon, . . . . [where] government security forces and armed separatists have committed grave abuses against residents of the country’s Anglophone region. The region has been rocked by protests and violent clashes rooted in longstanding political grievances of the Anglophone minority. While the government has taken some positive steps in recent months, including signing the Safe Schools Declaration, violence and abuses in the Anglophone region continue.”
The Council elections of Cameroon and four other African states (Burkina Faso, Eritrea, Somalia and Togo) are partially attributable to the Council’s allocation of 13 of the 47 seats to African states; and to three of the African members having terms ending on December 31, 2018 and being ineligible for re-election after having served two consecutive terms (Cote d’Ivoire, Ethiopia and Kenya). The other African members are Angola, Democratic Republic of the Congo, Egypt, Nigeria, Rwanda, Senegal, South Africa and Tunisia.
This year Cameroon’s human rights record is the subject of its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. This post reviews basic information about the Council and its UPR process. Future posts will look at the pre-hearing papers for Cameroon’s current UPR and then its UPR hearing and then finally the results of the UPR.
The Council since 2006 has been an important arm of the United Nations in recognizing and helping to enforce international human rights norms in the world.
The Council is made up of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.
The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The seats are allocated on the following geographical basis:
African States: 13 seats
Asia-Pacific States: 13 seats
Latin American and Caribbean States: 8 seats
Western European and other States: 7 seats
Eastern European States: 6 seats
The current African members are Angola, Burundi, Côte d’Ivoire (Ivory Coast), Democratic Republic of the Congo, Egypt, Ethiopia, Kenya, Nigeria, Rwanda, Senegal, South Africa, Togo and Tunisia.
One of the ways the Council seeks to encourage universal compliance with international human rights standards is its UPR of individual U.N. member states. The UPR is universal in that all 193 U.N. members and all human rights norms are reviewed and it is periodic because it done every four years. Such reviews are to be “based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.” This is to be done with “a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned.”
The UPR process involves (a) the state’s submission of a report to the Council; (b) submission of written questions and recommendations to the state from other states and stakeholders (human rights NGO’s, etc.); (c) the U.N. High Commissioner for Human Rights’ summary of U.N. information about the country; (d) questions submitted to the country in advance by the Working Group; (e) the hearing by the Council, (f) the preparation of a draft report on the state by a Council working group, (g) the state’s comments on that report, (h) another hearing before the Council and (i) the Council’s adoption of the final report on the outcome of the UPR.
The UPRs are conducted by the Council’s 47 members acting as an UPR Working Group. In addition, any other U.N. Member State can take part in the review.
Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly. For Cameroon’s third UPR the Troika members are United Kingdom of Great Britain and Northern Ireland, Iraq and South Africa.
The UPR Hearing
The May 16 hearing lasted three and a half hours, during which the state under review was given 70 minutes to present its report, as well as answer questions made by other states and present concluding remarks. The remaining 140 minutes were allocated to states participating in the review to ask questions, make comments and recommendations to the state under review.
The second stage of the process will take place during the Council’s 39th period of sessions in September 2018, at which time the final report will be presented by the Troika.
Disputes over the Western Sahara, a former Spanish colony, have followed its 1975 annexation by Morocco in opposition to competing claims by the Polisario Front. In 1991 the U.N. brokered a cease-fire and established a peacekeeping monitoring mission and to help prepare a referendum on the territory’s future that has never taken place. So far the parties have been unable to agree upon how to decide on self-determination. Morocco wants an autonomy plan under Moroccan sovereignty while Polisario wants a U.N.-backed referendum including on the question of independence. Below is a map of the Western Sahara.
On April 28, 2017, the U.N. Security Council unanimously adopted Resolution 2351 extending the mandate of the U.N. Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2018 and calling on the parties to that conflict to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, in order to facilitate a just, lasting and mutually acceptable political solution.
Other provisions of the resolution called on the parties to cooperate fully with the operations of MINURSO, to take the necessary steps to ensure unhindered movement for U.N. and associated personnel in carrying out their mandate, to demonstrate the political will to work in an atmosphere propitious for dialogue in order to resume negotiations, to implement the relevant Security Council resolutions, to resume cooperation with the Office of the U.N. High Commissioner for Refugees, to ensure that the humanitarian needs of refugees were adequately addressed. It also supported an increase in the ratio of medical personnel within the current uniformed authorization, as requested in the Secretary-General’s most recent report to address MINURSO’s severely overstretched medical capacity. Yet another part of the resolution noted that both sides had withdrawn troops from the Guerguerat area of the territory, a vast swath of desert bordering the Atlantic Ocean that has been contested since 1975.
In support of the resolution, U.S. Deputy Permanent Representative to the United Nations, Ambassador Michele Sisson, emphasized hat peacekeeping missions should support political solutions, said that postponing the [referendum] had been the key to allowing MINURSO to close out the 2016 chapter in the territory. The U.S. was pleased with the mandate renewal, which helped in returning the Council’s attention where it belonged — supporting a political process to resolve the situation on the ground. Emphasizing that the situation must change, she said the Council must look at the “big picture” in Western Sahara, including the absence of any political process for many years, she said. The resolution demonstrated the importance of the parties working with the U.N. to return to the table. The Mission must be able to hire the right staff in order to be as effective as possible, and to adjust components that were not working, as well as they should. The U.S. would watch closely to see what happened on the ground, she said.
Also speaking in support of the resolution were the other Security Council members: Uruguay, Sweden, Senegal, Ethiopia, China, France, United Kingdom, Italy, Bolivia, Japan, Ukraine and the Russian Federation.
Although the resolution was passed unanimously, France, a permanent Council member, backs Morocco, its former colony, while Polisario has been supported by some non-permanent council members and by South Africa.
Afterwards Morocco’s foreign ministry said the kingdom was satisfied with the resolution and hoped for a “real process” toward a solution, which it said should be on its autonomy initiative. Morocco also called for neighboring Mauritania and Algeria, the latter of which backs Polisario and maintains tense relations with Morocco, to be involved in negotiations. Algeria, on the other hand, called the resolution a victory for the Sahrawi cause that put the process “back on track.”
Morocco recently has made at least two diplomatic moves that may be related to enhancing its position in such negotiations.
First, on January 31, 2017, the African Union (AU) at its Summit, 39 to 9, approved Morocco’s request for readmission after having left the AU in 1984 in response to a majority of its members recognizing the disputed territory in the Western Sahara.
Morocco’s King Mohammed VI in his speech at this year’s AU Summit emphasized “how indispensable Africa is to Morocco and how indispensable Morocco is to Africa.” As evidence he mentioned that “since 2000, Morocco has [signed] nearly a thousand agreements with African countries, in various fields of cooperation,” including providing scholarships for Africans to attend Moroccan universities, launching the African Atlantic Gas Pipeline, creating a regional electricity market, constructing fertilizer production plants, creating the Adaptation of African Agriculture program to respond to climate change. These actions, he asserted, demonstrated Morocco’s “commitment to the development and prosperity of African citizens, [who] have the means and the genius; [so that] together, we can fulfill the aspirations of our peoples.”
This readmission, say analysts, also enhances Morocco’s status in upcoming negotiations over the Western Sahara although the King did not mention this in his speech. Instead, he made a modest allusion to this conflict when he said, “We know that we do not have unanimous backing from this prestigious assembly. Far be it from us to spark off a sterile debate! We have absolutely no intention of causing division, as some would like to insinuate!”
The other diplomatic move that can be seen as an attempt to soften resistance towards Morocco’s position in negotiations over the Western Sahara was its re-establishment of diplomatic relations with Cuba, as discussed in a prior post.