Cameroon National Commission of Human Rights and Freedoms Investigate Human Rights Abuses in some Mining Sites in East Region of Cameroon.

A team headed by the Cameroon National Commission on Human Rights and Freedoms’ (CNCHRF) has carried out an?investigation to?assess the situation of human right concerns in some mining and quarry sites in Bertuoa, Batouri, and Bétare-Oya in the East Region of Cameroon. The visit took effect from June 20-25, 2022. Team leaders were Commissioners, Aimé-Parfait Bikoro and Dieudonné Djibomadom. The mission was in line with respect to Article 6 paragraph 2 and Article 7 paragraph 5 of Law?No. 2019 / 014 of July 2019 that reads, ‘the National Commission on Human Rights and Freedoms is an independent institution for consultation, monitoring, evaluation, dialogue, concerted action, promotion and protection in the domain of human rights.’ The Commission was first enshrined by Presidential Decree No 90-1459, then promulgated into law No. 2004/016, November 8th 1990 and sanction by a decree, of July 22, 2004. Amongst other duties, the Commission receives denunciations of human rights violations, conducts inquiries and inspects penitentiary establishments, popularizes human rights instruments, liaises with Non Governmental Organistions (NGOs) and proposes measures to the authorities in area of human rights.

The delegation left Yaounde on June 20, 2022 and arrived Bertoua at 10 pm. It was made-up of members of the Project to Improve the Conditions of Execising Freedoms in Cameroon (PICEF), Action for Governance over Natural Resources (AGNR), focal points of various Ministerial Departments. Representatives of other NGOs notably, Forêts et Développement Rural (FODER) and Organisation Nationale des Droits de l’Homme (ONDH) joint the delegation in Bertoua on June 21, 2022. It should be recalled that AGNR was innolved?because of the policy statement crafted from the findings of the project entitled: Money Trail-Cameroon Equitable Mining, Id: NL-KVK-27 108436-A-05294-09 CM. The project was executed from September 01, 2020 to?February 28, 2021.?It benefited the financial assistance of Oxfam Novib and executed by Centre Régional pour le Développement Endogéne et Communautaire (CRADEC), ANGR in some mining sites at Ngoura and Betaré-Oya. The project was aimed to assess the human right abuses in mining sites and advocate for the publication of the text of application of 2016 Mining Code. It complemented from an advocacy perspective, the?project, ‘Strengthening Budgetary Governance for the Provision of Basic Services while respecting the Preservation of the Environment’, financed by the Delegation of the European Union , within the framework of Cameroon-European Union Cooperation.?We found out that companies and state operatives have been criticized for their complicity in the risk of human rights abuses of people and indigenous people. Chinese businesses do not act with due deligence to avoid infringing on the rights of workers and to address any negative impacts of mining on the population. Cameroon states authorities have resigned their responsibility in protecting the rights of mine workers in particular and community members where mining takes place in general. Because corporate bodies have failed to respect the rights of others and the state failed in protecting these rights, victims of abuse by multinational corporations routinely face insurmountable obstacles to remedy as they have no other place to turn for help.

Before leaving Yaounde, we identified the target population to work with, namely; the Governor, Regional Delegates, economic operators in the mining sector, traditional authorities, women leaders, and some members of Civil Society Organisations (CSOs) based in the localities. On June 21, 2022, at 10: 00 am the delegation visited the Governor of the East Region since 2015, Grégoire Mvongo. On hand to receive the delegation was the Chief of Administrative Division in-Charge of Regional Developpement at the Governor’s Office, Felicien Oscar Fotem. Commissioners, Aimé-Parfait Bikoro introduced the team’s mission and formed a caucus that met with the Governor in camaraderie.?The restrained team joint the other members of the investigation team for pre-conference session after discussions with the Governor. During the plenary session, we agreed to adopt a non directive approach with the assumption that community members have the ability to think and act on their own. We also identified working documents, the 2016 Mining Code, the Kimberly Process, the 2019 Financial Law, the Decentralization Code, Afriacn Mining Vision (AMV) as well as the Ruggie Framework.

?We equally planned to establish a link between business and human rights especially in the domain on economic, social and cultural rights since mining companies have been criticized for their complicity in the human rights abuses of people and indigenous populations. With this background, we identified issues related to specific points of conflict concerning human rights where mining companies find themselves involved, specifically: the use of security companies to protect operations; the rights of indigenous people in the areas of mining operations; issues of conflict revolving around labor rights, especially the rights to organize; issues of pariah states; and issues of conflict between sub-jurisdictions and national jurisdiction, and to?a large?extent the environmental degradation caused by?mining companies. At the end of the session the delegation was split into two. The first delegation was headed by Commissioner Aimé-Parfait Bikoro en-route to Batouri and the second was piloted by Dieudonné Djibomadom to Bétare-Oya. The visit to Ngoura was earlier cancelled. It was resolved that each delegation should take along an interpreter of Chinese language. The East Regional Delegate of Secondary Education was given the assignment. He provided a secondary school teacher, Nkolo Abena to accompany the Batouri delegation. The two spinster groups picked up a rendezvous to meet on June 24, 2022 at Bertoua.

On June 22, 2022 as our mission to Batouri took us to Kembéllé Mining Camp. ?At Kambéllé, we came across Chinese operators who practice semi-mechanized artisanal mining through the use of mechanical shovels and loaders, gravel washing machines and chemicals like mercury.?In short, we were face to face with a good number of issues where human rights abuses are committed and the use of security operatives to protect operations. Grapevine sources spoke of the same security officers collecting 5000FCFA per family to permit minors at washing points. On our way to Kembéllé, there was an artificial toll gate that allows access to Moto bikes into Kambéllé at the cost of 500 FCFA. We recorded the negative impact on the physical environment, soil and subsoil related issues. Chinese operators cause soil and land degradation, deforestation, modification of the subsoil fertility through earthwork and excavation.

???????????Other activities carried out by these companies include development of drive ways, and spills from maintenance of machines that cause the destruction of wildlife habitats and aquatic fauna. It was found out that mining activity usually involves a change of or modification of the water course, like Mbil River, which causes a decrease in fresh water availability, turbidity, and stagnant water in open pits. The Mbil River is completely dead. These open pits filled with water usually traps for domestic animals and even wildlife. Human life is also endangered. It is estimated that 8 persons in Batouri area die every year trapped in open pits. Farmland is also lost in the process causing famine and disease.?Pumping of water to the gold washing tables and out of opened pits during exaction also impact negatively the water resource in Kambéllé as ‘the waters thus contaminated with mercury and other chemical substances have contributed to the gradual?and complete devitalisation of the Mbil River.’ Another mining activity in the area is the accumulation of mine tailings. Infiltration of water with these tailings usually reacts with remobilized minerals in them resulting in the formation of acid water and arsenide release. This arsenide and acid water are very dangerous as it may enter drinkable water course leading to serious health problems to the local inhabitants.?

We recorded noise and air pollution through earthwork, movement of machines and vehicles, and energy power supply affect the air quality in Batouri area. In Kambéllé both artisanal and small scale gold mining affect the quality of air via dust and fumes rock crushing machines. The destruction of wildlife habitats and aquatic fauna is caused by oil spills and chemicals released in the camp.?Those we talked to, confirmed that there is a decrease in the number of fisheries in water bodies.?Abandoned sites and open pits are breeding grounds for mosquitoes causing high prevalent rate of malaria and other water-borne diseases like diarrhea, typhoid, pneumonia and amoeba. There is also a recurrent of early pregnancy as prostitution is rife in the area. There is acute shortage of social infrastructures such as schools and hospitals in the area. The proliferation of gold mining activities in the area attracts a certain category of people, namely children and women. The most active population, youths between 15 and 30 are also actively engaged in mining as the old and the dotard watch by. It should also be mentioned that in the process of exploitation, the companies acquire large areas of forest land through the complicity of owners of research permits that leads to population displacement. Turbidity and poor quality of water resources expose people in the area with precarious jobs that would require some managerial strategies including control and monitoring of deforestation.?Access to remedy victim of mining related accidents is restrained. The modalities through which miners are remunerated are diverse. Labour is paid either on a daily, weekly, monthly base or as a percentage of what is produced. The pay for labor ranges from 3000 unskilled to 10000 FCFA skilled per day.?Once they fall sick, they are laid-off, where they go home to practice auto medication at their expense. A toll gate for bikes?is erected between Batouri and Kambelle. Each bike has to pay 500FCFA .

Accordingly, the SONAMINES, which was created by a Presidential Degree No. 2020/149 of 14 DEC. 2020, has taken over all operations executed by the Support Framework for the Promotion of Artisanal Mining in French acronym (CAPAM). ?A member of Civil Company and founding member of Association Camerounaise pour la Promotion de la Gestion de la Ressource en eau et des Systémes Aquacoles (ADESA) Thaddee Narcisses Essang described the juxtaposition of functions between SONAMINES and CAPAM, ‘comme le serpent qui fait le mue.' Our greatest difficulty was how to meet with economic operators carrying out Semi-Mechanized Mining at the Kambéllé mining sites.?We met Chinese doing unskilled work like welding and cooking. We were inquisitive to find out from the one we met in the kitchen whether a Cameroonian cannot be recruited to clean plates or welter irons. He referred us to his boss. When we requested the contact of the boss, he pointed to a figure across the artificial lake created by their activities that looked like a fugitive.

By Livinus Njume Esambe (PhD)