Suspension of internet in NW & SW:

Law suit against mobile phone operators is inevitable

By Chief Charles Taku, Saturday, January 21, 2017

MTN Cameroon CEO, PhilisiweSibiya

I listened to the interview in which an MTN official in South Africa attempted to explain and justify the contractual basis on which it terminated or suspended indefinitely internet services in the Southern Cameroons. The problem is that the so-called national security threat clause alleged by Republique du Cameroun to request the cooperation of MTN in its ongoing criminal actions that have led to loss of life in the occupied territory pertains to a situation where a state of public emergency is legally justified and declared.

                Even in such circumstances, MTN would have been required sufficient guarantees of the non-derogation of certain International Treaty protected human rights like the right to life as a condition to acceding the impugned request. There is in this situation, no legal or constitutional authority to justify the actions of the MTN in acceding to a request that has facilitated the commission of crimes against humanity or a widespread and systemic basis without such guarantees.

                Apart from their contract with the government of Cameroun, their operations are regulated by international treaties which as a state party, Cameroun must respect. The collective nature of the impugned crimes is a violation of international law. There ought to have been an arbitration clause in the MTN contract with Cameroun which MTN would have invoked to protect their clients, ensure that its involvement doesn’t go beyond their contractual obligations and are within international law.

                The fact that their actions are facilitating the perpetration of crimes which they acknowledged in the interview and with its knowledge is a source of great concern. There is no indication that it has taken measures to protest these violations to Cameroun. MTN should have protested and/or insisted that Cameroun notifies the International Telecommunication Union of its actions and get assurances that the intended actions to abate the so-called national security threats were neither disproportionate or abused to commit international crimes.

                It would appear such guarantees were neither sought and obtained prior to MTN taking action that have facilitated the perpetration of international crimes against Southern Cameroonians. The responsibility of the MTN is thus not based on the alleged compliance with the contract it has with Republique du Cameroun, but its inability to obtain verifiable guarantees that the purported national security clause was not used to perpetrate egregious violations and crimes of a collective and grave nature.

MECHANISMS FOR REDRESS

                Now, very urgent complaints should be filed against the telephone operators jointly with La Republique du Cameroun for conspiracy and complicity in the crimes against humanity and genocide in the Southern Cameroons to the International Telecommunication Union in Geneva for the breach of the International Telecommunications Regulations (ITRs) Treaty which La Republique ratified 18/4/95.

                La Republique is a state party of the International Communications Union since 1960. The same complaints must also be filed as criminal complaints in the respective countries where the telephone operators are domiciled and at all international criminal and human rights courts or commissions. Class actions should be contemplated in the USA Courts against these telephone operators and La Republique and potentially in the countries in which they are domiciled.

The crimes are:

1) Crimes against humanity of murder and complicity and /or conspiracy to murder, torture, complicity and /or conspiracy in torture, collective punishment and conspiracy and or complicity in collective punishment, acts of terror, complicity and or conspiracy in the perpetration of the acts of terror, rape as a crime against humanity, indignities and other inhumane acts against a civilian population on discriminatory grounds due to their Southern Cameroons nationality.

2) Genocide and violation of article 9 of the genocide convention 1949.

3) The use of the military tribunal process to try civilians in violation of international law.

4) The massive arrest, abductions and deportation of Southern Cameroonians to concentration camps, military and paramilitary institutions in la Republique du Cameroun.

5) Cruel, inhuman and degrading treatment.

                The telephone operators with the exception of CAMTEL have willingly and substantially contributed to the perpetration of these crimes by La Republique du Cameroun by facilitating the collective punishment and the perpetration of the underlying crimes against the population of the Southern Cameroons and in the absence of military necessity in times of war duly declared pursuant to the laws and customs of war, a civilian population clamoring for respect of international law, an end of military occupation and the respect of international protected civil and political rights and civil liberties, human dignity and security of persons and sanctity of human life within their territory.

                All Cameroonians worldwide should extend our protest actions to filing complaints well supported by evidence.