Elvis Brown Luma Mukuna

Cases
Location of case in SG report
2020-021-003
Relevant SG report
Year of the report
2020
Country Geolocation

Latitude: 7.36972199999999

Longitude: 12.354722

Country Geolocation (linked Cases)
Cameroon
From Region
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

lawyer of civil society organization Organic Farming for Gorillas Cameroon (OFFGO) who had published information about abuses and disputes linked to land and business operations in Cameroon, in particular by the Baba Ahmadou Group

Type of rights defended
  • Land rights/environment
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

On 29 May 2019, special procedures mandate holders expressed concern about a defamation campaign against the civil society organization Organic Farming for Gorillas Cameroon (OFFGO). On 18 September 2019, special procedures mandate holders sent a follow-up communication addressing a violent attack on OFFGO’s offices (CMR 5/2019).

Engagement with UN body
  • UN Special Procedures: thematic
Dates of engagement
29 May 2019; 18 September 2019
Type of attempted engagement
  • UN raised case of person/organization
Dates of mentioned reprisals
19 June 2019; 21 March 2020; 27 March 2020
Location of mentioned reprisals
Tudig village
Reprisal information

following the May 2019 action by special procedures mandate holders on their case, Mr. Luma Mukuma and Mr. Awazi faced serious security risks and had to go into hiding for periods of time. In one of the incidents, on 21 March 2020 Mr. Luma Mukuma was reportedly subject to an attempted kidnapping in Bamenda and on 27 March 2020, he and his brother in-law were attacked by unidentified armed men. On 18 September 2019, special procedures mandate holders sent a follow-up communication addressing a violent attack on OFFGO’s offices (CMR 5/2019). They noted that on 19 June 2019, a grenade attack reportedly took place in Tudig village by unidentified armed actors in a military truck allegedly targeting OFFGO’s offices and its staff. It was further reported to OHCHR that on 17 February 2020, Mr. Capelle applied for a visa to travel to Cameroon and, on the same evening, Mr. Awazi reportedly received text messages and a call the next day threatening to kill him if he continued to associate with Mr. Capelle.

Types of reprisals suffered
  • Physical attack: Attempted kidnapping
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
Unclear
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
4
In which SG report was this case followed up on? 0
2021
Follow up information provided in SG report 0
  1. The case of civil society organization Organic Farming for Gorillas Cameroon (OFFGO) was included in the 2020 report of the Secretary-General103 on allegations of reprisals following a communication by special procedures (CMR 3/2019).104 Allegations included the expulsion from the country of Mr. Jan Joris Capelle, a Belgian national and co-founder of the organization, threats against traditional chief, Mr. Prince Vincent Awazi, and death threats and attacks against Mr. Elvis Brown Luma Mukuna, the organization’s lawyer, and his relatives (CMR 5/2019).
  2. According to information received by OHCHR, on 26 June 2020, men in military outfits raided OFFGO’s offices located in Tudig’s Chiefdom Palace, destroying equipment and confiscating documents. As of May 2021, the motive of the raid remains unknown and confiscated documents have not been returned. The case of Mr. Brown Luma Mukuma was documented in the report of the Special Rapporteur on the situation of human rights defenders in 2021 to the Human Rights Council on death threats and killings of human rights defenders (A/HRC/46/35, para. 76), which noted continued threats and physical attacks against his relatives, including as a warning against him to stop his human rights activities.
  3. Further, Mr. Brown Luma Mukuma and Mr. Capelle received numerous death threats via telephone between October and December 2020 following their public submission to the Special Rapporteur.105 A group of individuals in civilian clothes reportedly monitored Mr. Brown Luma Mukuma’s house during the holidays in December 2020. These and other incidents have regularly been reported to the National Commission on Human Rights of Cameroon.
Followup Trends 0
Deterioration/further reprisals
Date of follow up 0
24 December 2020
Did the government respond? 0
No
Was this case followed up by a UN body? 0
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 1
2022
Follow up information provided in SG report 1
  1. The case of civil society organization Organic Farming for Gorillas Cameroon (OFFGO) was included in the 2020 and 2021 reports of the Secretary-General on allegations of reprisals following a communication by special procedures mandate holders (CMR 3/2019). Reprisals have allegedly included the expulsion from the country of Mr. Jan Joris Capelle, a Belgian national and co-founder of the organization, threats against traditional chief, Mr. Prince Vincent Awazi, and death threats and attacks against Mr. Elvis Brown Luma Mukuna, the organization’s lawyer, and his relatives (CMR 5/2019). Incidents have regularly been reported to the National Commission on Human Rights of Cameroon. In her 2021 thematic report, the Special Rapporteur on the situation of human rights defenders noted the continued threats and physical attacks against Mr. Luma Mukuma and his relatives (A/HRC/46/35, para. 76).
  2. On 20 April 2022, special procedures mandate holders addressed allegations of continued threats against Mr. Capelle and Mr. Luma Mukuna and a kidnaping attempt by six unidentified armed individuals against Mr. Luma Mukuna on 6 November 2021 (CMR 4/2022). In January and February 2022, following the killing of a prominent lawyer and head of the law firm where Mr. Luma Mukuma works, he reportedly received threats in person and on his phone, including death threats. Unidentified individuals reportedly told him that “he will be next” and urged him to “stop working with Mr. Capelle” and “interacting with the United Nations”. According to information received by OHCHR, the recent death threats and kidnapping attempt and the alleged lack of investigation by relevant authorities, coupled with the history of violence against Mr. Capelle, Mr. Luma Mukuna and Mr. Awazi, inflict fear and serious concern about the risk of further reprisals against them for their ongoing engagement with the United Nations.
Followup Trends 1
Deterioration/further reprisals
Date of follow up 1
20 April 2022
Did the government respond? 1
No
Was this case followed up by a UN body? 1
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 2
2023
Follow up information provided in SG report 2
  1. The case of civil society organization Organic Farming for Gorillas Cameroon (OFFGO) has been included since 2020 in the Secretary-General reports on allegations of reprisals following a communication by special procedures mandate holders (CMR 3/2019). Special procedures mandate holders 36 have addressed, on several occasions allegations, alleged reprisals against OFFGO members, including the expulsion from the country of Mr. Jan Joris Capelle, a Belgian national and co-founder of the organization, threats against Mr. (Prince) Vincent Awazi, a traditional chief; and death threats and attacks against Mr. Elvis Brown Luma Mukuna, the lawyer of OFFGO, and his relatives. In her 2021 report, the Special Rapporteur on the situation of human rights defenders addressed the case of Mr. Luma Mukuna and his relatives.
  2. On 10 October 2022, the Government responded to mandate-holders (CMR 4/2022), providing information related to the inquiries by the General Prosecutor of the North-West region on the situation of Mr. Luma Mukuna and the legal proceedings involving Mr. Capelle. In her 2023 report to the Human Rights Council, the Special Rapporteur on the situation of human rights defenders noted OFFGO’s case, highlighting the important support of the diplomatic community in the country. According to information received by the OHCHR, on 12 July 2022, Mr. Capelle received two summons to appear before the Court of Mbengwi on 5 and 22 October 2022. However, when he submitted his visa application on 18 August 2022 to the embassy of Cameroon in Belgium, the request was denied. Due to the situation, the Court in Mbengwi postponed the case to February and March 2023. As of 30 April, Mr. Capelle had not been able to obtain a visa to travel to Cameroon to honour the court summons. Mr. Capelle and Mr. Luma Mukuna and his relatives continued to receive threatening messages and calls during the period. On 1 February 2023, Mr. Luma Mukuna reportedly received a call from an unidentified individual with death threats and a warning that his house was under surveillance and that there were instructions to kidnap a close relative. Mr. Luma Mukuna reported the incident to the police on the same day. Due to the ongoing security risks, Mr. Luma Mukuna and his family have temporarily relocated to a safer location.
Followup Trends 2
Deterioration/further reprisals
Date of follow up 2
2021
Did the government respond? 2
No
Was this case followed up by a UN body? 2
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 3
2024
Follow up information provided in SG report 3
  1. The case of civil society organization Organic Farming for Gorillas Cameroon (OFFGO) has been included since 2020 in the Secretary-General’s reports45 on allegations of reprisals following a communication by special procedures mandate holders. 46 Alleged reprisals against OFFGO members have included the expulsion of Mr. Jan Joris Capelle, a Belgian national and co-founder of the organization, from Cameroon in 2019; threats against Mr. (Prince) Vincent Awazi, a traditional chief; and death threats, surveillance and attacks against Mr. Elvis Brown Luma Mukuna, the lawyer of OFFGO, and his relatives. Mandate holders47 have addressed the allegations, to which the Government has responded. 48
  2. According to information received by OHCHR, on 23 June 2023, the Examining Magistrate at the High Court of Momo (Mbengwi) issued a “no case ruling” in the preliminary inquiry into Mr. Capelle’s case and consequently closed the case.49 Mr. Elvis Brown, legal counsel of Mr. Capelle, received the Service Order with the no case ruling dated 30 June on 8 September, which did not allow for an appeal within the 48 hours following the date of service of the ruling, as established by law.
  3. On 5 July 2024, the Government responded to the note verbale sent in connection to the present report noting that Mr. Brown and Mr. Capelle had never been intimidated in any way. The Government stated further that Mr. Brown had not been able to demonstrate the surveillance he allegedly been put under due to the legal assistance he had provided to Mr. Capelle neither the implication of the public authorities in the alleged surveillance. The Government noted that, despite the lack of a complaint by Mr. Brown before the competent judicial authorities, the Prosecutor General had initiated ex officio an investigation into the alleged surveillance and intimidation against him.
Followup Trends 3
Stayed same
Did the government respond? 3
Yes