Open Letter from CEO of Herakles Farms in Response to Report On ...

Once more, we are obliged to ask where the legal luminaries in Cameroon went to when Minister Louis
Paul Motaze was bribed and blindfolded to put his sign to this ludicrous piece of convention which even
seeks to override the laws of the land.
Why would the private sector be the ones to decide “reasonable restrictions” of local peoples’ access
rights to their villages, houses, farms, and which are inside the production area)? Is this consistent with
Cameroon Constitution?
3.3 Incidental Rights
(b) The Parties agree that all trials and paths across the Production Area used immemorially by the local
population shall remain open to free use by the public, subject to such reasonable restrictions as
Investor shall, in conformity with applicable Law, impose (i) in the interest of the safety and security
of the property and assets of Project Participants, and (ii) to assure that such use does not materially
interfere with any Investor Activities.
Can a contract with a private company override the laws laid down by Parliament? An investor seeks to
conform to the laws of the land not write out its own laws in the form of an Establishment convention.
They cannot insist that in the matter of conflict, the Terms of the convention shall take precedence on all
other laws.
22.2 Construction and Interpretation
This Convention (including its formation and any questions regarding the existence, validity or
termination of this Convention) and the rights, obligations and duties of the Parties under this Convention
shall be construed and interpreted in accordance with Law and by such rules and principles of
international law as may be applicable, particularly with regard to an investment by nationals of one
country in another country. However, in the event of a conflict between this Convention and any Law,
except for the Constitution of Cameroon, as in effect as of the date hereof, the rights, obligations and
duties of a Party shall be deemed to be those set forth in this Convention and each Party shall have
such remedies as are provided for in this Convention with respect thereto including the remedies set forth
in this Article 22.
In fact, this is just too much. I will like to limit my rejoinder to Bruce’s epistle. Yet, it is necessary to
have underscored the points above, which are not even known by the local population and the peoples of
Cameroon. Upon request, I am ready to ship out this abusive Establishment Convention to any institution,
organization and persons interested in appraising the brewing conflict over Herakles Farms in Cameroon.
This will enable people to understand and appreciate the modesty of the report from Oakland Institute.
I wish to add my voice to the dozens of petitions which are sitting on the President of the Republic’s
table, to appeal to him to eject Herakle Farms, its agents and assigns from Cameroon. Failure to do this,
President Biya and his entire government shall be held responsible for this genocide which is in
preparation in Cameroon. President Biya should start by firing Chief Mbile from CONAC. Such a corrupt
individual cannot be allowed to sit with people who are supposed to be incorruptible. Let full judicial
investigations begin on this HF issue and necessary steps taken to arrest the intended bleeding of
Cameroon and Cameroonians to transfuse the anemic Herakles Farms. God Bless Cameroon.
*Christopher FON ACHOBANG is a Rights Consultant based in the South West Region of Cameroon
and has paid dozens of trips to the concession area, listening to local populations. He can be reached at
Tel 237 9936 5954 and email: foncachobang@yahoo.co.uk