The Centre for Human Rights and Democracy in Africa (CHRDA) is taking verdicts delivered in the February 14, 2020 Ngarbuh massacre trial, in which at least 21 civilians — including 13 children and a pregnant woman — were killed in Donga Mantung Division, North West Region of Cameroon.
While the convictions imposed against certain perpetrators constitute a rare judicial recognition of serious violations of human rights in Cameroon, the outcome of the trial remains largely insufficient in terms of the demands of full responsibility and genuine justice.
The Ngarbuh massacre constitutes grave violations of international human rights law and international humanitarian law, including the right to life guaranteed by Article 6 of the International Covenant on Civil and Political Rights (IPCP) and Article 4 of the African Charter of Human Rights.
The man and the people
As a state party to these instruments, Cameroon has a legal obligation to conduct prompt, independent, impartial and effective investigations and to ensure proportional sanctions for all responsible, at all levels.
However, the procedures have failed to establish the complete structure of responsibilities. Fundamental questions related to hierarchical responsibility, operational authorization and the possible involvement of senior officials remain unanswered. Responsibility limited to a limited number of direct authors risks institutionalizing impunity rather than fighting it.
The refusal to admit essential evidence — including documents required to fully identify victims — and minimal participation for victims’ families have tainted the credibility of the lawsuit. Hearing in front of the Yaoundé Military Court, away from the affected community, has further weakened transparency and accessibility of justice.
The sentences imposed — including imprisonment sentences of 8 years and 5 years against two security officers — appear clearly disproportionate to the seriousness of the crimes. One of the convicts who has already served his sentence and is about to be released soon, these decisions may send a signal of indulgence in the face of serious human rights violations.
According to the available information, 17 militants suspected to be involved in the killings are still on the run. The lack of effective prosecution against those who planned, ordered or supervised the operation leaves the chain of responsibility dangerously incomplete.
CHRDA also expresses deep concern over non-respect for victims’ rights to truth, justice and adequate reparations. There is no transparent evidence that substantial repairs will be granted, including compensation, rehabilitation, official recognition and guarantees of non-repetition. In international law, effective remedy requires much more than partial condemnation; it requires full repair.
CHRDA calls accordingly:
- The Government of Cameroon to engage in independent investigations on hierarchical responsibilities and to ensure accountability at all levels;
- The African Commission on Human and Peoples’ Rights and the United Nations Special Procedures to ensure strict follow-up of subsequent measures;
- International partners to make victim-centered justice a priority in their cooperation with Cameroon;
- The establishment of a transparent and adequately financed mechanism for reparations for the benefit of victims and affected communities.
A lasting peace and genuine national reconciliation in Cameroon cannot be built on partial justice. Accountability must extend to the entire decision-making chain.
The Ngarbuh verdicts should not mark the end of justice, but the beginning of a deeper, credible process of accountability.
Barrister Nkongho Felix Agbor “Agbor Balla”
President, Centre for Human Rights and Democracy in Africa (CHRDA)