His Excellency Paul Biya President of the Republic of Cameroon Fax No. 00237 2235765 12 August 2010 Re:
Eviction of over 1200 people in Bois des Singes District in Cameroon
Dear President Biya, The Centre on Housing Rights and Evictions (COHRE) is an international human rights nongovernmental organisation based in Geneva Switzerland. COHRE has consultative status with the United Nations and observer status with the African Commission on Human and Peoples’ Rights and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions. COHRE is gravely concerned about reports in Cameroon about ongoing government-driven forced evictions and housing demolitions. These recent violations of international human rights are taking place in the Bois des Singes district and have affected approximately 1,200 people so far. As a State Party to the International Covenant on Economic, Social and Cultural Rights (CESCR), Cameroon is legally obliged to respect, protect and fulfill the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1). COHRE would like to remind the Cameroon Government that under Article 11(1) of this Covenant, evictions may only be carried out in the most exceptional circumstances and after all feasible alternatives to eviction have been explored in genuine consultation with the affected communities. Evictions can only be carried out when appropriate procedural protections, identified by the UN Committee on Economic, Social and Cultural Rights, have been afforded which include an opportunity for genuine consultation with those affected, adequate, reasonable notice prior to date of eviction and provision of legal remedies. Governments are also under an obligation to ensure that no one is rendered homeless or vulnerable to the violation of other human rights as a consequence of eviction. Adequate alternative housing and compensation for all losses must be made available to those affected prior to eviction, regardless of whether they rent, own, occupy or lease the land or housing in question.
Forced evictions also contravene Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which provides for the right to the protection of the law against arbitrary or unlawful interference with a person’s privacy, family or home. Cameroon is also party to the ICCPR. The African Commission on Human and Peoples’ Rights has also affirmed in the case of SERAC v Nigeria, that forced evictions contravene the African Charter on Human and Peoples’ Rights to which Cameroon is also a party, in particular, Articles 14 and 16 on the right to property and the right to health, respectively, and Article 18(1) on the State’s duty to protect the family. COHRE urges Cameroon to immediately cease further forced evictions and housing demolitions occurring or threatened in the country and take urgent measures to guarantee adequate alternate dwellings for those already evicted. Cameroon should engage in meaningful and participatory dialogue with the communities affected in accordance with the principles of human rights, investigate the use of excessive force by the police force during the current expulsion and make full reparations to those persons affected by the eviction and demolition. Requests for further information or electronic replies should be sent to cohre@cohreafrica.org. Sincerely,
Salih Booker Executive Director Centre on Housing Rights and Evictions CC Hon. Ephraim Inoni Prime Minister Fax No. 00237 2235765 Cameroon Hon. Clobert Tchatat The Minister of Urban Development and Housing Fax No. 00237 2229489 Cameroon