Authorities claim that Agbor Balla was dismissed on grounds that he breached university guidelines when he set an exam question on the socio-political situation in Cameroon’s North West and South West Regions.

But Lawyers' Rights Watch Canada jointly with the Raoul Wallenberg Centre for Human Rights, Human Rights Research and Education Centre, Centre for Free Expression among others say it is their respectful view that Agbor Nkongho’s dismissal is contrary to Cameroon’s commitment to human rights and fundamental freedoms as enshrined in regional and international human rights treaties to which it is a party.

The group of lawyers, academics, and non-governmental organizations from Canada tell President Paul Biya and Prime Minister Dion Ngute Joseph that they are dismayed and concerned over the dismissal of human rights lawyer Mr. Felix Agbor Nkongho (also known as Agbor-Balla) on 6 May 2020 from his position as a lecturer at the University of Buea.

“We are writing to respectfully request the immediate reinstatement of Mr. Agbor Nkongho to his position as lecturer at the Faculty of Law and Political Science of the University of Buea, with all attendant rights and privileges,” write the group.

They hold that the dismissal and its implications for Agbor Nkongho’s safety and academic freedom raise concerns for freedom of expression in Cameroon, given the history of harassment and retaliation to which Agbor Nkongho has been subjected in the context of “widely reported human rights violations” in the Northwest and Southwest regions of the country. They add that these concerns are rendered more serious in light of Agbor Nkongho’s role as a human rights defender and prominent civil society leader, including his advocacy for international human rights in Cameroon at the UN Human Rights Council in Geneva in 2018 and 2019.  

The Canadian lawyers, academics and rights advocates understand that Agbor Nkongho’s dismissal was the result of a written examination in which he and his two co-lecturers asked their students to engage in scholarly discussion of the Anglophone crisis. They say the University of Buea launched disciplinary proceedings against Agbor Nkongho and summoned him before a disciplinary panel for “non-compliance of professional obligations” without adequate notice, which led to his immediate dismissal without opportunity for a full and fair hearing.

“The disciplinary panel reportedly proceeded in absentia, and it appeared that a decision to dismiss Mr. Agbor Nkongho had already been taken prior to the hearing date. The university launched no such procedures against his co-lecturers,” they tell President Biya.

They are concerned about “the systematic harassment of Agbor Nkongho and the restriction of his freedom of expression and civil liberties. His dismissal appears to be a form of retaliation against him for his peaceful exercise of academic freedom.”

They remind government of the provisions of the 1998 United Nations (UN) Declaration on Human Rights Defenders which requires Cameroon to ensure that everyone “has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms” and to ensure the protection of human rights defenders against any “retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action” as a consequence of their legitimate exercise of their internationally-protected rights.

The letter dated June 9, 2020 reads in part: “It is our respectful view that Mr. Agbor Nkongho’s dismissal is part of a pattern of intimidation and aggression towards him for his human rights advocacy. On January 17, 2017, after participating in a peaceful protest for the protection of the rights of the Anglophone minority, Mr. Agbor Nkongho was arbitrarily arrested and detained on charges of “terrorism,” “civil unrest,” “treason,” and “jeopardising the peace and unity of the Republic of Cameroon” by the Military Tribunal of Yaoundé.

“While all charges were ultimately dropped and Mr. Agbor Nkongho was released through Presidential Decree, he spent eight months in prison. In the most recent incident, the disciplinary procedures launched against Mr. Agbor Nkongho were based on academic work that engaged in discussion of Anglophone rights. As such, this dismissal raises serious concerns for similar retaliation and the escalation of unlawful reprisals in the future.

“We join other human rights advocates and experts in our condemnation of Mr. Agbor Nkongho’s dismissal as a form of unlawful reprisal against him. Mr. Agbor Nkongho’s dismissal has been characterized as “censorship” by Human Rights Watch and has been condemned by the Human Rights Foundation, the Observatory for the International Federation for Human Rights and the Scholars at Risk Network.  We also remind you of the appeal made to the Cameroonian government on 28 April 2020 by several UN Special Rapporteurs and Working Groups to strongly condemn all retaliation against human rights defenders such as Mr. Agbor Nkongho.

“We urge you to make a public statement to the Government of the Republic of Cameroon, the University of Buea and to the international community declaring that all human rights defenders, including Mr. Agbor Nkongho, have the right to academic freedom and freedom of expression. We also urge you to call on Mr. Jacques Fame Ndongo, Minister of Higher Education, and Mr. Horace Manga, Vice-Chancellor of the University of Buea, to:

“Order the immediate reinstatement of Mr. Felix Agbor Nkongho (also known as Agbor-Balla) in his full capacities as lecturer at the University of Buea, Faculty of Law and Political Science.

“We further urge you to: Ensure that the rights of peaceful human rights defenders are respected, protected, and fulfilled in all circumstances, without any hindrance or fear of reprisals;

“Guarantee in all circumstances the freedom of expression of all human rights defenders and human rights organisations in Cameroon and take action to ensure that no individual or organisation faces reprisals for their legitimate human rights activities;

“Uphold and implement in all circumstances the provisions of the UN Declaration on Human Rights Defenders, in particular its Articles 1, 6 and 12.2;

“Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with all international human rights treaties ratified by Cameroon.”

The authors of the letter say they stand ready to provide any additional information or support that government may require. The correspondence is signed by:

David Robinson, Executive Director / Directeur général of the Canadian Association of University Teachers (Association canadienne des professeures et professeurs d'université) Ottawa, Ontario, Canada; 

James L. Turk, Director, Centre for Free Expression, Faculty of  ommunications and Design, Ryerson University, Toronto, Ontario, Canada;

John Packer, Director, Human Rights Research and Education Centre, University of Ottawa – Neuberger-Jesin Professor of International Conflict Resolution, University of Ottawa Faculty of Law, Ottawa, Ontario, Canada;

Catherine Morris, Executive Director, Lawyers Rights Watch Canada Vancouver, BC, Canada and Yonah Diamond, Legal Counsel, Raoul Wallenberg Centre for Human Rights Montreal, Quebec, Canada.

The letter is endorsed by eleven prominent lawyers, academics and civil society advocates. Copies of the letter were dispatched to several government departmental heads including the Minister of State Secretary General at the Presidency of the Republic Ferdinand Ngoh Ngoh, the Minister of State in charge of Justice Laurent Esso, the Minister of State in charge of High Education Jacques Fame Ndongo, the Minister of Territorial Administration Paul Atanga Nji, the Vice-Chancellor of the University of Buea Ngomo Horace Manga and several diplomatic officials.