Professional Documents
Culture Documents
Juli Complete Work
Juli Complete Work
By:
YOUR NAME
YOUR MATT
SUPERVISORS:
Dr. ……….
APRIL 2024
i
DECLARATION
Declaration by the Student
This project is my original work and has not been presented for a degree in any other University
YOUR NAME
MATT
This project has been submitted for examination with my approval as University Supervisor
Signature…………………... Date…………………….
DR. ,…………..
ii
DEDICATION
I dedicate to my family, most especially my beloved brother who stood by me through the entire
process of my academics financially, morally and even spiritually. Also, to my lovely child who
has been my inspiration throughout this challenging task. And to my super hero my biological
parents who never gave up on me.
iii
ACKNOWLEDGEMENTS
It is one thing to know the theory of a subject yet another to explore in real life and the
happenings on the ground. This project would not have been complete without the guidance of
DR. ………, my supervisor, who apart from going through the manuscript with a critical eye
became a constant source of inspiration. At every step, he reminded me of the need to improve
the document towards the direction of added perfection and to generate facts that can be relied
on. To him and the rest of the staff, I say thank you and may the good Lord reward you
bountifully. Also, I wish to acknowledge the help of my brother Mr. Tumbu Romeo Fossung
who assisted me in collecting data and typing the work, not forgetting all the efforts time and
money invest on me by ……………
Abstract
iv
This thesis examines the concept of human rights, their origin, development, and
contemporary issues related to their protection and promotion, with a particular
focus on the challenges and opportunities facing developing countries. The
research is based on both primary and secondary sources and includes an analysis
of international human rights law, the role of civil society, and the impact of
globalization on human rights
The thesis concludes that while progress has been made in the promotion and
protection of human rights, more needs to be done to address the challenges faced
by developing countries. It recommends the need for a coordinated effort by all
stakeholders to promote and protect human rights, including greater support for
civil society organizations and the strengthening of international human rights law.
v
Contents
DECLARATION.......................................................................................................................................2
DEDICATION...........................................................................................................................................3
ACKNOWLEDGEMENTS......................................................................................................................4
Abstract......................................................................................................................................................5
CHAPTER ONE........................................................................................................................................6
GENERAL INTRODUCTION.............................................................................................................6
1.1 BACKGROUND TO THE STUDY..........................................................................................6
1.2 STATEMENT OF THE PROBLEM......................................................................................10
1.3 RESEARCH QUESTIONS...........................................................................................................11
1.3.1 General Research Question....................................................................................................11
1.3.2 Specific Research Questions...................................................................................................11
1.4.2 Specific Objectives...................................................................................................................11
1.5 RESEARCH METHODOLOGY...........................................................................................12
1.6 LITERATURE REVIEW.......................................................................................................12
Gaps and Conclusion.............................................................................................................................14
1.7 SCOPE OF THE STUDY..............................................................................................................15
1.8 JUSTIFICATION........................................................................................................................15
1.11 DEFINITION OF KEY TERMS................................................................................................18
1.12 SYNOPSIS OF THE STUDY.....................................................................................................20
Conclusion............................................................................................................................................20
CHAPTER THREE.................................................................................................................................29
THE INSTITUTIONAL FRAME WORK OF HUMAN RIGHT IN CAMEROON..........................29
3.1 INTRODUCTION.........................................................................................................................29
3.2 THE CONSTITUTION OF CAMEROON AND HUMAN RIGHT..........................................31
3.2.1Cameroon. Penal Code (CPC)....................................................................................................32
3.3 THE CAMEROON LABOUR CODE..........................................................................................32
3.4 AFRICAN CHARTER..................................................................................................................33
3.5 The Universal Declaration of Human Rights (UDHR)...............................................................34
3.6 The International Covenant on Civil and Political Rights (ICCPR)..........................................34
3.7 The International Covenant on Economic, Social and Cultural Rights (ICESCR)..................36
3.8 HUMAN RIGHT INSTITUTIONS IN CAMEROON................................................................37
vi
CHAPTER 4............................................................................................................................................41
EFFECTIVENESS OF THE ENFORCEMENT OF HUMAN RIGHT IN CAMEROON................41
Introduction.........................................................................................................................................41
4.1 CAUSES OF HUMAN RIGHT ABUSES IN CAMEROON......................................................42
4.1.2 state response to human right abuses........................................................................................43
4.2 ACCESS TO THE JUDICIAL SYSTEM IN CAMEROON.......................................................45
4.3 The Establishment of The National Commission on Human Rights and Freedoms and The
Adoption of a National Action Plan on Human Rights.....................................................................46
4.3.1 Positive impacts of the NCHRF and the national action plan on human rights.................47
4.3.2 Negative impacts of the NCHRF and the national action plan on human rights...............47
CHAPTER FIVE.....................................................................................................................................49
POLICIES IMPLEMENTATION TO PROMOTE HUMAN RIGHTS IN CAMEROON...............49
5.1 POLICIES TO PROMOTE HUMAN RIGHT IN CAMEROON..............................................49
5.2 Legal Framework for Human right Strengthening.....................................................................50
5.3 REFORMS TO ALIGN EXISTING LAWS WITH INTERNATIONAL HUMAN RIGHT
STANDARDS.......................................................................................................................................52
5.4 ENHANCING ACCOUNTABILITY IN CAMEROON.............................................................53
5.5 TRAINING OFFICIALS IN HANDLE HUMAN RIGHT ABUSE CASE................................54
5.6 Conclusions........................................................................................................................................55
vii
CHAPTER ONE
GENERAL INTRODUCTION
This chapter seeks to unravel the background to the study, problem statement,
research questions, objectives, literature review, definition of key term,
justification of the study and Synopsis. This chapter mainly reviews the cause of
the work and the questions and problems the researcher seeks to answer.
The Global Alliance of National Human Rights Institutions (GANHRI), the United
Nations Development Program (UNDP) and the Office of the United Nations High
Commissioner for Human Rights (OHCHR) have developed a dedicated
partnership to support NHRIs, including assessing and strengthening the capacity
1
United nations development program 2016. http://web.undp.org>adr>cameroon
viii
of these institutions. UNDP Annual report (2022) 2. This illustrates the importance
of human right observations in the world. The above-mentioned organizations have
taken human right observations and promotion at the core of its activities for which
they support the National Human Rights Institution.
Cameroon’s human rights record has been a subject of international scrutiny due to
various reports of abuses and violations. The country, led by President Paul Biya
since 1982, has seen its political landscape dominated by the Cameroon People’s
Democratic Movement, amidst concerns over election irregularities (U.S.
Department of State, 2022)3.
Also, the security forces in Cameroon, including the national police, gendarmerie,
and the army, have been implicated in numerous human rights abuses. Reports of
unlawful or arbitrary killings, extrajudicial executions, enforced disappearances,
and torture have been documented (U.S. Department of State, 2022).
Coupled with the challenges Anglophone regions have been facing, with ongoing
conflict leading to significant human rights challenges. The crisis has resulted in
displacement, disruption of education, and severe abuses by both government
forces and armed separatist fighters (U.S. Department of State, 2021). Which all
keeps the country at a state of jeopardy relative to human right.
ix
basis for international advocacy and policy recommendations (U.S. Department of
State, 2021; U.S. Department of State, 2022)4.
National Human Rights Institutions (NHRIs) are central to strong national systems
for protection and promotion of human rights. These institutions, operating in a
variety of contexts, can be instrumental in supporting democratic governance,
preventing human rights violations and the escalation of conflicts, strengthening
the rule of law and advancing the rights of the most marginalized and vulnerable
groups. In a time like this, they called upon to play these demanding roles
effectively, NHRIs require solid capacities to safeguard their independence and
resilience to possible changes in governance infrastructures or political changes.
UNDP Annual Report (2022)5
Eight Global Principles for capacity assessments of NHRIs have been identified on
the basis of considerable experience and good practices developed over the years.
These principles encompass compliance with human rights norms and standards,
highlighting the values that underpin effective practices. The Global Principles and
the wealth of analysis contained therein strengthen capacity assessments and
development of NHRIs across the world. Cameroon tribune (2022)6
The constitution of any country is the first port of call for human rights protection.
The end of colonialism in Africa saw a wave of common consciousness towards
constitutional making among newly independent countries. This era of
constitutional explosion in many countries like in Cameroon incorporated human
4
U.S. Department of State. (2021). Cameroon. Retrieved from https://www.state.gov/reports/2020-country-
reports-on-human-rights-practices/cameroon/
5
United Nations. (2016). The role of National Human Rights Institutions in the Promotion and Protection of Human
Rights. Retrieved from https://www.ohchr.org/Documents/Issues/NHRIs/CapacityBuildingForum/UN%20Role%20of
%20NHRIs.pdf
6
Cameroon Tribune” Human rights Cameroon seeks international visibility. 2022” https://www.cameroon-
tribune.cm
x
rights provisions often in line with the Universal Declaration of Human Rights
1948. These provisions in some countries such as Botswana, Kenya, Ghana and
7
South Africa, were contained in a bill of rights. In Cameroon and most other
former French territories, these provisions were contained in the preamble of the
constitution.
Several amendments have gone by after 1961. In 19699, the constitution was
amended to "prolong the life of the federal assembly".
7
Orock, R. (2013). Nation-building and identity conflicts in Cameroon. Langaa RPCIG.
8
U.S. Department of State. (2021). Cameroon. Retrieved from https://www.state.gov/reports/2020-country-
reports-on-human-rights-practices/cameroon/
9
Researchgate”the state of human right protection in Cameroon: prospect and challenges”
https://www.researchgate.net/piblication/351097872
10
Cameroon constitution “https://en.wikipedia.org/wiki/constitution of Cameroon.
xi
With the rise of liberal thoughts and politics in the 1990s, pressure groups
especially from the English regions started demanding changes to Cameroon's
system of governance. Many preferring a return to the federal system of
government. On the 18 January 1996, a new constitution was enacted. Certainly, it
did not return to a federal system, rather, it established the Senate, and extended
the presidential term to 7 years.
This study seeks to investigate the systemic barriers to effective human rights
enforcement in Cameroon, evaluate the current mechanisms in place, and explore
the role of international bodies in supporting or hindering these efforts. The
11
Human Rights Watch. (2022). World Report 2022: Cameroon
12
Amnesty International. (2023). Human rights in Cameroon
13
U.S. Department of State. (2022). CAMEROON 2022 HUMAN RIGHTS REPORT.
xii
overarching goal is to provide actionable insights that could enhance the protection
and promotion of human rights in Cameroon.
xiii
To assess the institutional and legal framework that has been put in place
for the application of human rights instruments in Cameroon.
To investigate and suggest policies which can be put in place for the
promotion and protection of human right in Cameroon
More so, the research will adhere to ethical standards, ensuring confidentiality and
informed consent of all participants. Special care will be taken to protect the
identities of respondents, especially those who may be at risk due to their
participation in the study.
xiv
review examines existing research on the promotion and protection of human
rights in Cameroon.
Furthermore, Kamga15 analyzed the country's human rights record, revealing that
Cameroon has been marred by human rights abuses, such as arbitrary arrests and
detention, extrajudicial killings, and torture. According to Kamga, the Anglophone
crisis in Cameroon has contributed significantly to the deterioration of the human
rights situation in the country.
Similarly,16 the human rights situation in Cameroon, is worth noting the challenges
in protecting citizens' rights, including freedom of expression, assembly, and
association. They pointed out that the government often suppresses these rights and
uses excessive force to quell protests, thereby violating basic human rights.
Furthermore, the role of civil society organizations in promoting and protecting
11
human rights in Cameroon cannot be ignored. noted that civil society
organizations play a crucial role in advancing human rights by documenting abuses
14
Okereke, C., & Ardayfio-Schandorf, E. (2019). Human rights protection in Cameroon: An assessment of the
National Commission on Human Rights and Freedoms. African Journal of Political Science and International
Relations, 13(2), 22-36.
15
Kamga, R. G. (2020). The Human Rights Situation in Cameroon: A Critical Overview. Journal of Public Affairs &
Policy Review, 3(1), 1-12.
16
Fonkem, S. A., & Bekele, B. A. (2018). The human rights situation in Cameroon. In Human Rights: Global
Perspectives, Practices and Issues (pp. 1-28). Springer.
xv
and advocating for change. These organizations include the National Commission
on Human Rights and Freedoms, which is the government's official human rights
watchdog, and other non-governmental organizations such as the Cameroon
Human Rights Fellowship and Association for the Defense of Human Rights.
Despite the existing research on the promotion and protection of human rights in
Cameroon, gaps still exist. Firstly, there is a lack of studies that examine the
impact of human rights abuses on vulnerable populations in Cameroon, such as
women and children. Secondly, there is a need for more research to determine the
effectiveness of civil society organizations in promoting and protecting human
rights in the country. Thirdly, there is a paucity of research that examines the
experiences of victims of human rights abuses in seeking justice and the challenges
they face. Finally, existing literature tends to focus on the government's role in
promoting and protecting human rights, with limited attention given to the
responsibilities of the private sector in upholding human rights standards in their
operations in the country. These gaps highlight the need for more research to
address critical issues in the protection and promotion of human rights in
Cameroon.
xvi
1.7 SCOPE OF THE STUDY
Thematic Scope: The study will explore the various mechanisms and institutions
involved in the enforcement of human rights in Cameroon. It will assess the legal
framework, the role of civil society, and the effectiveness of international
cooperation in promoting and protecting human rights within the country.
Periodic Scope: The study will analyze developments from the year 2015 to the
present day (2023), providing a comprehensive overview of the progress and
challenges in human rights enforcement over a span of 8 years.
1.8 JUSTIFICATION
Secondly, the study will enhance the understanding of the role of civil society
organizations in promoting and protecting human rights in Cameroon. This is
important because civil society organizations can play a crucial role in holding the
government accountable for human rights violations and advocating for the rights
of marginalized and vulnerable populations. Moreso, the study will contribute to
raising awareness of the importance of human rights in Cameroon and beyond. By
xvii
highlighting the state of human rights in Cameroon, the research can contribute to
broader discussions on the importance of human rights and the need for
international cooperation to protect human rights globally. Ultimately, this research
is justified because it has the potential to make a significant contribution to the
promotion and protection of human rights in Cameroon.
1. Societal Impact: The study will shed light on the current state of human rights in
Cameroon, highlighting the challenges and progress made. It will provide a critical
analysis of the effectiveness of enforcement mechanisms, which is essential for
ensuring the protection of citizens’ rights and promoting social justice.
2. Policy Implications: Findings from the study could inform policymakers and
contribute to the development of more robust legal frameworks and policies that
better protect human rights. It can serve as a basis for reforming existing laws and
practices to align with international human rights standards.
4. Academic Contribution: The research will add to the body of knowledge in the
field of human rights and law. It will provide empirical data and analysis that can
be used by scholars, students, and practitioners interested in human rights
enforcement in Africa.
xviii
5. Advocacy and Awareness: By documenting and analyzing the enforcement of
human rights, the study will raise awareness about the importance of human rights
and the need for effective enforcement.
3. Resource Limitations: Financial, time, and logistical constraints may limit the
breadth and depth of the study, affecting the number of participants, the
geographical coverage, and the duration of the study.
xix
5. Dependence on Secondary Sources: The study may have to rely heavily on
secondary sources, which might not always provide the most current or
comprehensive view of the human rights situation.
Human Rights: Defined as the basic rights and freedoms that belong to every
person in the world, from birth until death. They apply regardless of where you are
from, what you believe or how you choose to live your life (United Nations,
1948)17.
Rule of Law: The principle that all people and institutions are subject to and
accountable to law that is fairly applied and enforced; the principle of government
by law (World Justice Project, n.d.)20.
Promotion: In the context of human rights, the term "promotion" refers to actions
taken or policies implemented to enhance the enjoyment of human rights and
ensure that they are respected, protected, and fulfilled. Promotion of human rights
involves creating an environment where individuals and groups can fully exercise
17
United Nations. (1948). Universal Declaration of Human Rights @ oxfordbibliographies.com
18
OHCHR. (n.d.). About law enforcement and human rights @ ohchr.org
19
Cambridge University Press. (n.d.). Cambridge Dictionary @tnchumanrightsguide.org
20
World Justice Project. (n.d.). Rule of Law Index @academic.oup.com
xx
their human rights without any discrimination or hindrance. It includes activities
such as awareness-raising, education, advocacy, and communication focused on
developing a human rights culture and values that will encourage people to respect
and protect human rights. Promotion of human rights also involves measures to
support marginalized or vulnerable groups to help them access their rights and to
eliminate any barriers to their enjoyment of those rights. Thus, the promotion of
human rights is a proactive approach that aims to raise awareness, prevent human
rights abuses, and ensure that human rights are respected and upheld in all spheres
of life.21
Protection: The UN's page on the definition of human rights includes a definition
of protection in the context of human rights. The page explains that protection
refers to measures taken by the state and society to ensure that people's human
rights are respected, protected, and fulfilled. This includes preventing and
responding to human rights abuses, such as discrimination, violence, and systemic
violations of human rights22
21
Harris, K., & Wyatt, T. (2019). Promotion. In The Wiley Blackwell Encyclopedia of Social Theory, edited by Bryan S.
Turner, 1–6. Wiley-Blackwell. https://doi.org/10.1002/9781118430873.est0095
22
United Nations. (2010). Human Rights: Definition of Terms. Retrieved from
https://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx
23
United Nations. (n.d.). Universal Declaration of Human Rights.@ un.org
xxi
1.12 SYNOPSIS OF THE STUDY
Chapter two deals with the concept of concept of human right in Cameroon.
Chapter three deals with the examination of the effectiveness and enforcement of
human right in Cameroon.
Chapter four deals with the examination of the institutional and legal frameworks
that have been put in place to ensure the application of human rights instruments in
Cameroon.
Chapter five deals with the policy recommendation for the protection of workers
against wrongful termination of contracts of employment in Cameroon.
Conclusion
The chapter notes that Cameroon has ratified several international human rights
treaties and that these treaties have been incorporated into national legal
frameworks. However, the effectiveness of these laws is limited by a lack of
enforcement mechanisms, inadequate implementation, and unequal access to
justice.
The chapter also highlights the important role that civil society organizations play
in the promotion and protection of human rights in Cameroon. However, these
organizations face significant challenges in their work, including restrictions on
their freedom of association, harassment and intimidation, and inadequate
resources.
xxii
Overall, the first chapter of the appraisal provides a foundation for the in-depth
analysis of the current state of human rights in Cameroon. It lays the groundwork
for the analysis of the effectiveness of the legal and institutional frameworks in
protecting human rights and identifies the challenges that need to be addressed.
CHAPTER TWO
1. Introduction:
Human rights are those inherent and inalienable rights enjoyed by everyone simply
by virtue of their humanity. Human rights can equally be understood from a
philosophical and pragmatic approach. Philosophically, human rights refer to moral
claims which people invoke by virtue of their humanity. 24 Pragmatically, human
rights are the manifestation of moral claims into divine positive law. 25 When steps
are taken and mechanisms are put in place, both legal and normative to safeguard
people from violation, then we talk of human rights protection. The responsibility
to protect human rights is a collective one, but more specifically, states have the
26
primary responsibility to protect human rights. In this chapter, we shall be
looking at; the historical evolution to human right protection in Cameroon, analyse
the present state of human rights and its available indicators and to investigate if
the state of human rights protection in Cameroon is improving, reducing or
stagnant. What accounts for it and what can be done.
24
F Viljoen, International human rights law in Africa (2012) at 1.
25
Viljoen (n1).
26
H Shue, “Basic rights” (2008) Essay in philosophy at 3.
xxiii
The constitution of any country is the first port of call for human rights protection.
The end of colonialism in Africa saw a wave of common consciousness towards
constitutional making among newly independent countries. 27 This era of
constitutional explosion in many countries like in Cameroon incorporated human
rights provisions often in line with the Universal Declaration of Human Rights
1948. These provisions in some countries such as Botswana, Kenya, Ghana and
South Africa, were contained in a bill of rights. 28 In Cameroon and most other
former French territories, these provisions were contained in the preamble of the
constitution.
The effects of human rights being provided in the preamble, has resulted in a weak
and unpredictable system of human right protection. This is still the case in
Cameroon, despite the recognition of the preamble as an integral part of the
constitution.29
27
CM Fombad, “Challenges to constitutionalism and constitutional rights in Africa and the enabling role of political
parties: lessons and perspectives from Southern Africa” (2007) American Journal of Comparative Law at1.
28
CM Fombad, ‘African bill of rights in a comparative perspective’ (2011) Journal of Legal studies History at 37.
29
Art. 65 of the 1996 constitution of Cameroon.
xxiv
The law is a frozen history,30 thus there is a need to go down memory lane, to
understand the events that animated the development of the constitution as a
foundational document for human rights protection in Cameroon.
Several amendments have gone by after 1961. In 1969, the constitution was
amended to "prolong the life of the federal assembly".32
With the rise of liberal thoughts and politics in the 1990s, pressure groups
especially from the English regions started demanding changes to Cameroon's
system of governance. Many preferring a return to the federal system of
government. On the 18 January 1996, a new constitution was enacted. Certainly, it
did not return to a federal system, rather, it established the Senate, 33 and extended
the presidential term to 7 years.34
30
CJ Friedrich, “The philosophy of law history perspective” (1958) American journal of jurisprudence at 154.
31
M Delancey and M Mokeba, Historical dictionary of the republic of Cameroon (1990) at 132.
32
E Enonchong, The constitution and governance in Cameroon (2020) at 21.
33
Article 14, 1996 constitution of Cameroon.
34
n11, article 6.
xxv
2.3The Present State of Human Rights in Cameroon
Presently, there is an increase in human rights violations in Cameroon. The reasons
for these increase falls on the backdrop of democratic deficiency characterised by
weak and questionable institutions, power confiscation, contentious laws, closed
civic space, the ongoing conflicts in the English-speaking regions and the North
with Boko Haram threats.
There has been a blatant disregard to international human rights and humanitarian
principles. Civilians have become the subject of attacks, maimed and slaughtered in
the streets, children conscripted into open militias, attack and burning down of
hospitals and schools as well as the killing of school children. 39 The ongoing
conflict has resulted in a full blown humanitarian crisis with over 711,056
35
E Lyombe, “The ‘anglophone problem’ in Cameroon: group identity, cultural and politics of nostalgia” (2003)
Journal of Third World Studies at 86.
36
Cameroon anglophone crisis at the cross road. International Crisis Group Report (2017) available at:
www.crisisgroup.org. (Accessed 10 April. 2024).
37
Cameroon’s anglophone crisis has reached a boiling point as security forces kill 17 protesters (2017) Quartz
Africa at 4.
38
Security tightens as anglophone separatists symbolically proclaim ‘independence.’. France 24, 01/10/2017.
Available at: www.france24.com . (accessed 12 March. 2024).
39
Human Rights Watch reports on attacks in Ngarbuh and Kumba, available at: www.hrw.org. (accessed 12 March.
2024).
xxvi
internally displaced persons and about 60,000 as refugees in Nigeria. 40 As the
conflict intensifies, there has been growing evidence of the security forces
perpetrating to extrajudicial killings, force disappearances, torture, arbitrary arrest
and detention, most often the detention is incommunicado, 41 arson and complete
destruction of villages.42 There have been reported cases of torture and ill-treatment
against those arrested and detained for alleged separatist ties43
In the Far North region of Cameroon, Boko Haram has conducted at least 120
attacks between July 2016 and June 2018. 44 Over 23 suicide bombings were
recorded, resulting in the death of more than 150 civilians and a similar 100 attacks
documented since January 2019 killing more than 100 civilians and leaving over
270,000 persons displaced.45
The efforts by the Cameroonian military to combat the Islamist group has not gone
without reports of human rights violations perpetrated by government forces.
Security forces have been guilty for torturing and killing suspected Boko Haram
supporters in detention facilities.46
Freedom of expression and assembly are greatly disrupted in Cameroon with the
authorities deliberately violating these rights in other to protect the ruling party and
the seating president. In January 2020, nearly 300 protesters of the opposition
Cameroon Renaissance Movement party were arbitrarily arrested during a peaceful
40
“Responding to the needs of IDPs and Cameroon refugees in Nigeria”, UNHCR Cameroon Situation Report
(2020) available at: www.unchr.org. (accessed 13 March 2024) .
41
“Cameroon: Routine Torture, incommunicado Detention”. Human Rights Watch Report, (2019) available at:
www.hrw.org. (accessed 23 March. 2024).
42
“Cameroon: The Anglophone Crisis, 206 Villages burnt in the North West and South West Regions”. Centre for
Human Rights and Democracy in Africa (CHRDA) Report. April 2019. available at: www.chrda.org. (accessed 22
March 2024).
43
n40.
44
“Increased Boko Haram attacks in Cameroon” Amnesty International Report (2018) available at:
www.amnesty.org. (accessed 23rd March 2024).
45
n44.
46
Cameroon human rights report (2017) available at: https://cm.usembassy.gov (accessed 9 April 2024).
xxvii
demonstration, among whom their leader Maurice Kamto, were charged by the
military court for hostility and insurrection against the homeland. 47 Also, journalist
aren’t left out. In 2019, Samuel Wazizi, a Cameroonian investigative journalist,
was arrested and detained by security forces during the Anglophone crisis. 48While
in custody, Wazizi was denied access to legal counsel and medical treatment and
was detained incommunicado49. In June 2020, the Cameroonian military announced
that Wazizi had died in custody on August 17, 2019, sparking widespread outrage
and condemnation50. Subsequent investigations suggested that Wazizi may have
been subjected to torture and ill-treatment resulting in his death 51.
3 Indicators
Freedom House produces reports annually on the state of political rights and civil
liberties in countries. It does this through a scale, from 1 (representing most free
countries) to 7 (least free countries). Countires are then classified as "Free", "Partly
Free", or "Not Free". Cameroon from 2015 to 2020 has been on a scale of 6 and
classified as “Not free” for five years in a row.52
50
BBC News. (2020, June 4). Samuel Wazizi: Cameroon denies army killed journalist. Retrieved from
https://www.bbc.com/news/world-africa-52913589
51
Amnesty International. (2020, June 22). Cameroon: Investigate death of journalist Samuel Wazizi in military
custody. Retrieved from https://www.amnesty.org/en/latest/news/2020/06/cameroon-investigate-death-
journalist-samuel-wazizi-military-custody/
52
Freedom in the world Report (2020) available at: www.freedomhouse.org. (accessed 15 March 2021).
xxviii
deterioration in participatory rights and inclusion in Cameroon. The indicators also
show that Cameroon is facing an increasing deterioration in security and the rule of
law. While there is an increasing improvement in light of human development and
economic opportunities.53
53
Mo Ibrahim Index report of African governance (2020) available at: www.https://mo.ibrahim.foundation/iiag.
(accessed 15 March 2024).
54
L Enonchong, “Applying international standards in enforcing the right to personal liberty in Cameroon: challenges
and prospects” (2016) Journal of African Law at 400.
xxix
Judicial assessment mechanisms should be enhanced to enable post
legislative reviews and challenge existing laws that infringe on the
protection of human rights.
Lastly, it is important to develop a culture of human rights and to prioritise
the protection of human rights.
2.5Conclusion
Clearly, Cameroon has taken only very cosmetic measures for human rights
protection. It has created institutions for itself but at the same time does not intend
for these institutions to be effective in carrying out their mandate. The provision of
human rights in the preamble, lack of political will, corruption, power confiscation,
poor enforcement in judicial mechanisms and the indispensable third term
syndrome challenges human rights protection in Cameroon. The state must take all
necessary steps to develop a culture of peace and strengthen its protection
mechanisms to ensure that the fundamental rights of its citizens are protected. To
this note we took a toll through the institutional framework of human rights in
Cameroon in the proceeding chapter.
CHAPTER THREE
xxx
1. The Constitution of Cameroon: This is the supreme law of the country, which
guarantees fundamental human rights and freedoms.55
3. The Ministry of Justice: This body is responsible for promoting and protecting
human rights in Cameroon. It oversees the legal framework that protects human
rights, enforces human rights laws, and ensures that justice is available to all
citizens.57
4. The Cameroon Bar Association: This is an organization that provides legal aid
and support to individuals whose human rights have been violated. It also promotes
public awareness of human rights and assists in training lawyers on human rights-
related matters.58
55
Republic of Cameroon. Constitution of Cameroon (1996). AVAILABLE at
https://www.constituteproject.org/constitution/Cameroon_1996.pdf last access on the 21/04/2024
56
National Commission on Human Rights and Freedoms. (n.d.). About us. Available at http://www.cndhl.cm/about-
us access on 21/04/2024
57
Ministry of Justice. (n.d.). Presentation. Retrieved from https://www.minjustice.gov.cm/en/presentation access
on 21/04/2024
58
Cameroon Bar Association. (n.d.). Presentation. Retrieved from https://www.barreaucameroun.org/index.php?
option=com_content&view=article&id=109&Itemid=135
Access on 21/04/2024
59
National Assembly of Cameroon. (n.d.). Presentation. Retrieved from
https://www.assemblee-nationale.cm/presentation access on 21/04/2024
xxxi
6. The Judiciary: This body ensures that human rights laws are upheld and
enforced in Cameroon. It includes the Constitutional Council, the Supreme Court,
and the Court of Appeal.60
60
United Nations Treaty Collection. (n.d.). Cameroon. Retrieved from
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&clang=_en lastly access
on 21/04/2024
61
United Nations Treaty Collection. (n.d.). Cameroon. Retrieved from
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&clang=_en access o
21/04/2024
xxxii
Moreover, the Constitution of Cameroon provides specific provisions that protect
human rights, such as the right to life, liberty, security, and equality before the law.
Article six highlights the right to the inviolability and integrity of the human
person, which prohibits any form of torture, cruel, or inhumane treatment.62
The Cameroon Penal Code defines various criminal offences and prescribes the
corresponding punishments for its commission. Among these are offenses that
62
Republic of Cameroon. Constitution of Cameroon (1996). Retrieved from
https://www.constituteproject.org/constitution/Cameroon_1996.pdf. Access on the 23/04/2024
xxxiii
violate human rights, including torture, extrajudicial killing, forced disappearances,
and economic crimes such as embezzlement of public funds.
The Penal Code also contains provisions that protect freedom of speech, the press,
and association, among others. It affirms the principles of presumption of
innocence until proven guilty, right to fair trial, and the necessity for adequate
evidence before conviction is made. It also clearly defines the rights of accused
persons.
In all, the penal code forms the legal backbone for the protection and preservation
of human rights in Cameroon. Its provisions shed light on the legal framework that
guides the criminal justice system and the avenues for seeking justice against
violations of human rights in the country.63
Nguiffo, S., & Amin, J. (2016) 64. examines the extent to which labor laws in
Cameroon are consistent with international human rights standards, including the
International Labour Organization (ILO) conventions and the Universal
Declaration of Human Rights. The authors argue that while the legal framework for
labor rights in Cameroon is relatively strong, there are significant gaps in
63
Republic of Cameroon. Penal Code (2016). Retrieved from https://www.icrc.org/eng/assets/files/other/icrc-002-
4101.pdf. Access on the 22/04/2024
64
Nguiffo, S., & Amin, J. (2016). Labor rights in Cameroon: https://www.iccr.org A human rights-based analysis.
African Human Rights Law Journal, 16(2), 470–491. Access on the 23/04/2024
xxxiv
enforcement and implementation, which result in widespread abuses of workers'
rights. The article provides a detailed analysis of the various labor laws in
Cameroon and their relationship to human rights, and it concludes with
recommendations for strengthening the legal framework and improving the
protection of workers' rights in practice.
xxxv
Takou, M. B. (2013)66 examines the extent to which the principles of the Universal
Declaration of Human Rights and other international human rights instruments
have been implemented in Cameroon. The author provides an overview of the
human rights situation in Cameroon, including the challenges related to
discrimination, freedom of expression, and the rights of marginalized groups such
as women and children. The article also analyzes the legal framework for human
rights in Cameroon, including the Constitution and other relevant laws and
policies. The author concludes that while Cameroon has made progress in
promoting and protecting human rights, there is still much work to be done to
ensure that all citizens can fully enjoy their human rights and freedoms.
66
Takou, M. B. (2013). Human rights in Cameroon: The implementation of the Universal Declaration of Human
Rights and human rights instruments. International Journal of Humanities and Social Science, 3(4), 134-145.
67
United Nations. (n.d.). International Covenant on Civil and Political Rights. Accessed on April 27 th, 2024, from
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
xxxvi
These rights are broadly referred to as personal integrity rights, primarily as they
are concerned with the protection of human dignity and the processes that ensure
political, judicial and administrative process that ensure the protection of human
dignity. The violation of these rights is a coercive activity on the part of the
government designed to induce compliance in others.69 Although the conception
and framing of human rights and state obligations reflects the universality,
indivisibility, interdependence and interrelatedness of these rights, the significance
of national particularities including cultural and historical backgrounds play an
important role in their realization. It was the necessity to make norms binding and
entrenched within the domestic constitutional order that translated the principles
embodied in the UN Charter and the UDHR into binding obligations under the
International Covenant on Civil and Political Rights.
68
Articles 2(3) and 14 are two of the most important domestic tools that can be used to mitigate the effect of the
violation of personal integrity rights.
69
Stephen C Poe and C Neal Tate, ‘Repression of Human Rights to Personal Integrity in the 1980’s; A Global
Analysis’ (1994) 88(4) American Political Science Review 853-872, 854.
70
Ngwemegne, J. (2019). The International Covenant on Civil and Political Rights and Cameroon: The advantages
and shortcomings of a dualist approach. African Human Rights Law Journal, 19(2), 423–442. Available at
International Covenant on Civil and Political Rights | OHCHR access on 26/04/2024
xxxvii
implementation of the ICCPR in Cameroon, the treaty provides an important
framework for promoting and protecting civil and political rights in the country.
71
United Nations. (n.d.). International Covenant on Civil and Political Rights. Accessed on April 27th, 2024, from
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
72
Sengupta, A. (2016). The International Covenant on Economic, Social and Cultural Rights: Content and
significance. Oxford Handbooks Online. Available at DOI: 10.1093/oxfordhb/9780199935307.013.22 last accesed
on 28/04/2024
xxxviii
It should be noted that, the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights
(ICESCR) are two international human rights treaties adopted by the United
Nations General Assembly in 1966. While both covenants recognize human rights,
there are differences in the types of rights and freedoms they protect.
The ICCPR focuses on civil and political rights, such as the right to life, liberty,
and security of the person, freedom of expression and religion, and the right to
participate in elections. The ICCPR also recognizes the rights of persons belonging
to minority groups, and the prohibition of torture, slavery, and arbitrary detention.
On the other hand, the ICESCR focuses on economic, social, and cultural rights
such as the right to work, education, healthcare, social security, and cultural life.
The ICESCR requires states parties to take steps to progressively realize these
rights, and recognizes the right of everyone to benefit from scientific progress and
the arts.
xxxix
and protecting human rights in Cameroon. The NCHRF investigates human rights
violations, monitors prisons and detention centers, and provides education and
training on human rights issues. However, the institution has been criticized for its
lack of independence, as it is appointed by the president and its recommendations
are often ignored. The promotion and protection of human rights is a crucial
element in ensuring social justice and peace in any society. Cameroon has
established several institutions to promote and protect human rights, with one of
the most notable being the National Commission on Human Rights and Freedoms
(NCHRF).
Another positive aspect of the NCHRF is its commitment to education and training
on human rights. The commission has organized several workshops and training
sessions on human rights issues for government officials, civil society
organizations, and the general public. This has helped to raise awareness on human
rights issues and promote human rights culture in Cameroon.
However, the effectiveness and independence of the NCHRF have been called into
question. The commission is appointed by the president and funded by the
government, which has led to concerns about its independence. Additionally, the
NCHRF's recommendations have often been ignored, and there have been cases of
xl
human rights abuse where the NCHRF has been unable to provide justice to
victims73.
Another challenge facing the NCHRF is the lack of resources. The commission is
often underfunded and understaffed, which has limited its capacity to fulfill its
mandate effectively. Additionally, the NCHRF has faced challenges in accessing
certain places and information needed to complete investigations 74.
73
The Cameroon National Human Rights and Freedoms Commission: Reality or Myth?" by George Awung and
Josephine Lehman-Funk. This article, published in the Journal of Third World Studies, provides an in-depth analysis
of the NCHRF's mandate, structure, and limitations.
74
National Human Rights Institutions: The African Commission's Guidelines and Their Implementation" by Rachel
Murray. This book chapter provides an overview of national human rights institutions in Africa, including the NCHRF
in Cameroon
75
The Independence and Effectiveness of National Human Rights Institutions in Africa" by Amnesty International.
This report provides an in-depth analysis of the challenges facing national human rights institutions in Africa,
including the NCHRF in Cameroon available at Amnesty International accessed on the 29/04/2024.
76
The Effectiveness of National Human Rights Institutions in Africa" by the United Nations Office of the High
Commissioner for Human Rights. This report provides an overview of national human rights institutions in Africa,
including the NCHRF in Cameroon.
xli
3. Ministry of Justice: The Ministry of Justice is responsible for prosecuting
human rights abuses, but the justice system in Cameroon has been criticized for its
lack of independence and corruption.
77
Cameroon: Human Rights Developments" by Human Rights Watch. This report provides an overview of human
rights abuses in Cameroon, including violations of freedom of expression, association, and assembly. Available at
Human Rights Watch | Defending Human Rights Worldwide (hrw.org) accessed on 29/04/2024
xlii
CHAPTER 4
There have been persistent reports of human rights abuses by state agents and
security forces, including extrajudicial killings, torture, and arbitrary detention.
Journalists, activists, and political opposition members have also been targeted for
their opinions or affiliation, leading to restrictions on freedom of expression,
assembly, and association.
Moreover, access to justice and legal redress remains a challenge for most
Cameroonians, particularly those from marginalized communities, due to the high
cost of legal services, backlog of cases, and corruption in the justice system. Many
victims of human rights abuses are unable to seek adequate compensation or
remedy, and those who attempt to do so may face further reprisals and
intimidation.
While there have been some positive developments, such as the establishment of
the National Commission on Human Rights and Freedoms and the adoption of a
national action plan on human rights, the effectiveness of these institutions and
measures remains to be seen.
xliii
justice system, ensuring accountability for human rights abuses, and promoting a
culture of respect for human rights across all sectors and levels of society. It also
requires a commitment from the government to engage in dialogue with civil
society, political opposition, and other stakeholders to address the root causes of
human rights violations and to create a conducive environment for the protection
and promotion of human rights.
78
Human Rights Watch. "Cameroon." Retrieved from https://www.hrw.org/africa/cameroon. Accessed on
06/05/2024
79
Amnesty International. "Cameroon 2020/2021." Retrieved from
https://www.amnesty.org/en/countries/africa/cameroon/report-cameroon. Accessed on 06/05/2024
xliv
4. Lack of access to justice: The high cost of legal services, coupled with a
backlog of cases, means that many Cameroonians do not have access to justice and
legal redress for human rights abuses.79
1. international treaties:
The state of Cameroon has ratified and signed many international treaties to
combat the abuses of human rights in Cameroon some of which are stated
below:
Ratification Date,
Signature Accession(a),
Treaty Date Succession(d) Date
xlv
CESCR - International Covenant on Economic, Social and
Cultural Rights 26 Jun 1984 (a)
CMW - International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their
Families 15-Dec-09
CRC - Convention on the Rights of the Child 25-Sep-90 10-Jan-93
CRC-OP-AC - Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in
armed conflict 5-Oct-01 3-Feb-13
3. Enacting laws: Cameroon has enacted laws such as the Penal Code, which
criminalizes human rights abuses such as torture, enforced disappearance, and
extrajudicial killings.
Despite these measures, human rights abuses continue to occur in Cameroon. Some
critics argue that the government has not done enough to effectively address the
root causes of human rights abuses. For instance, the NCHRF has been criticized
for being ineffective and lacking independence, while the government has been
xlvi
accused of using anti-terrorism laws to suppress political opposition and silence
critics.80
1. High cost of legal services: Legal fees in Cameroon can be expensive, making
it difficult for many people, particularly those from low-income households, to
afford legal services.
2. Inadequate legal aid: Cameroon does not have a well-developed legal aid
system, which means that many people do not have access to free and quality legal
services. A legal aid system provides free or low-cost legal services to individuals
who cannot afford private legal representation. Legal aid systems are typically
established by governments and are designed to ensure that all individuals have
access to justice, regardless of their financial circumstances.
Legal aid services may include legal advice, assistance with drafting legal
documents, representation in court, and support for alternative dispute resolution
processes. Legal aid may also be available for a variety of legal issues, such as
family law, housing law, and criminal law.
Many countries have established legal aid systems to address these issues. In some
countries, legal aid is provided by government-funded legal aid agencies, while in
80
United Nations. "Cameroon." Retrieved from
https://www.ohchr.org/EN/countries/AfricaRegion/Pages/CMIndex.aspx. Accessed on the 05/05/2024
81
World Justice Project. (2020). Rule of Law Index 2020: Cameroon. Retrieved from
https://worldjusticeproject.org/rule-of-law-index/cameroon/2020. Access on 06/05/2024
xlvii
others, legal aid is provided by private law firms and organizations that offer pro
bono services or reduced fees for low-income clients. legal aid systems are an
important component of a fair and accessible justice system. By providing legal
services to those who cannot afford them, legal aid helps to ensure that everyone
has equal access to justice and the protection of their legal rights.
Due to these challenges, many Cameroonians are unable to access justice and
obtain legal redress for human rights abuses and other legal issues. This lack of
access to justice undermines the rule of law and human rights, and hinders the
country's development81.
4.3.1 Positive impacts of the NCHRF and the national action plan on human
rights:
xlviii
1. Improved monitoring of human rights: The NCHRF is mandated to monitor
and investigate human rights violations in Cameroon, which has led to greater
awareness of human rights abuses and increased pressure on the government to
address these issues.82
3. Advancement of human rights issues: The NCHRF has advocated for the
promotion and protection of human rights in Cameroon, leading to some positive
developments, such as the decriminalization of homosexuality and the creation of a
national human rights education program.84
4.3.2 Negative impacts of the NCHRF and the national action plan on human
rights:
1. Limited effectiveness: The NCHRF has been criticized for its lack of
independence and limited effectiveness in addressing human rights abuses in
Cameroon.85
82
Cameroon National Commission on Human Rights and Freedoms. (n.d.). About. Retrieved from
https://www.cnhrc.org/about. Accessed on 06/07/2024
83
United Nations Development Program. (2018). National Action Plan for the Promotion and Protection of Human
Rights in Cameroon. Retrieved from
http://www.cm.undp.org/content/cameroon/en/home/library/democratic_governance/National-Action-Plan-for-
the-Promotion-and-Protection-of-Human-R.html.
84
Center for Human Rights and Democracy in Africa. (2019). Cameroon's National Human Rights Commission: An
analysis of its independence, effectiveness and challenges. Retrieved from
https://www.ihrda.org/2019/06/cameroons-national-human-rights-commission-an-analysis-of-its-independence-
effectiveness-and-challenges. accessed on
85
Human Rights Watch. (2021). Cameroon: Human rights concerns and the need for change. Retrieved from
https://www.hrw.org/news/2021/05/11/cameroon-human-rights-concerns-and-need-change
xlix
2. Limited implementation: The national action plan on human rights has yet to
be fully implemented, and some stakeholders have raised concerns about the pace
and quality of its implementation.86
3. Ongoing human rights abuses: Despite these efforts, human rights abuses
continue to occur in Cameroon, particularly in areas affected by conflict and
insecurity.
Overall, the establishment of the NCHRF and the adoption of a national action
plan on human rights represent important steps toward promoting and protecting
human rights in Cameroon. However, ongoing challenges and limitations highlight
the need for continued efforts to strengthen these institutions and address human
rights abuses in the country.
86
United Nations Development Programme. (2018). National Action Plan for the Promotion and Protection of
Human Rights in Cameroon. Retrieved from
http://www.cm.undp.org/content/cameroon/en/home/library/democratic_governance/National-Action-Plan-for-
the-Promotion-and-Protection-of-Human-R.html
l
CHAPTER FIVE
1. Strengthening the legal framework for human rights: The government can
adopt and enforce laws and policies that protect human rights, such as laws against
torture, discrimination, and arbitrary arrest and detention.
2. Reforming existing laws: Cameroon can reform existing laws that do not meet
international human rights standards, such as laws that criminalize homosexuality
or restrict freedom of expression. This would require reviewing and amending the
relevant laws to bring them in line with international human rights standards.
lii
capacity-building, and ensuring that judges are appointed based on merit and
qualifications rather than political considerations.
Strengthening the legal framework for human rights in Cameroon will require a
sustained commitment from the government, civil society organizations, and other
stakeholders to ensure that laws and policies are in line with international human
rights standards and are effectively implemented and enforced.
liii
detention, ensuring access to legal representation, and limiting the use of harsh
sentences.
The key reforms Cameroon can make to align existing laws with international
human rights standards involve protecting the rights of all its citizens and ensuring
that laws function to protect human rights, rather than restrict them. This will
require political will and a willingness to engage in open dialogue with civil
society and other stakeholders.
liv
5.4 ENHANCING ACCOUNTABILITY IN CAMEROON
There are several measures Cameroon can take to enhance accountability for
human rights abuses, including the following:
2. Respect for the rule of law: The respect for the rule of law is fundamental in
enhancing accountability for human rights abuses. Cameroon can demonstrate a
stronger commitment to the rule of law by ensuring that the courts are impartial,
adequately funded, and free from political influence.
3. Enhance the capacity of the Judicial system: The government should invest
and increase the capacity of its judicial systems to handle human rights abuse
cases. Courts, prosecutors, investigators, and law enforcement officers should
receive adequate resources, training, and staff to handle such cases.
lvi
4. Regular training programs: To ensure that officials remain up-to-date with
developments in human rights law, regular training programs should be
implemented. This will help ensure that officials keep their knowledge and skills
up-to-date and that they are better equipped to respond to emerging human rights
problems.
The above measures can help officials in Cameroon to handle human rights abuse
cases better. It is up to the government and the agencies responsible for such
training programs to make sure that these initiatives are implemented effectively.
5.6 Conclusions
It is essential to conclude that human rights are fundamental rights and freedoms
that are inherent to all human beings, regardless of their race, nationality, sex,
religion, or any other status. The protection and promotion of human rights are
indispensable to ensure the dignity of all individuals and maintain a just and
peaceful society.
Human rights are universal, inalienable, and indivisible, and they embody essential
values that include freedom, equality, and justice. They are protected by
lvii
international human rights laws and treaties, and it is the responsibility of states to
ensure their effective implementation and enforcement.
The violation of human rights is a significant challenge that affects individuals and
societies worldwide. Governments, civil society, and other actors have a crucial
role to play in promoting human rights, ensuring accountability for human rights
violations, and empowering individuals to claim their rights.
Effective human rights protection requires the full engagement and participation of
all, and the responsibility of protecting and upholding human rights rests with
everyone. The struggle for human rights is an ongoing process, and it requires a
collective effort of all stakeholders to ensure that these rights are respected,
protected, and provided for all individuals, regardless of their status or background.
lviii
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