HUMAN RIGHTS COMMITTEE EXAMINES THE REPORT OF CAMEROON
The Human Rights Committee this morning concluded the review of the fifth periodic report of Cameroon on measures taken to implement the provisions of the International Covenant on Civil and Political Rights.
Presenting the report, Anatole Fabien Nkou, Permanent Representative of Cameroon to the United Nations Office at Geneva, said that the amendments to the Criminal Code aimed to better protect physical integrity of women and children; better sanction female genital mutilation, breast ironing, sexual harassment, trafficking in persons, early and forced marriages; and address impunity for torture. In addition, laws in the area of freedom of expression, terrorism, and the jurisdiction of military courts in prosecuting war crimes, crimes against humanity and genocide had been adopted. In 2014, Cameroon had set up an inter-ministerial ad hoc committee to deal with refugee emergencies, whereas the National Commission for the Promotion of Bilingualism and Multiculturalism had been established in 2017. Cameroon had adopted the National Gender Policy, National Plan of Action for the Elimination of the Worst Forms of Child Labour, National Strategy for the Fight Against Gender-Based Violence, and the National Plan of Action to Eliminate Female Genital Mutilation. To respond to multiple security challenges posed by Boko Haram, Cameroon had joined the Global Strategy for the Fight against Terrorism and adopted anti-terrorism measures, at the core of which was the respect for fundamental rights.
In the discussion, Committee Experts noted that excessive delays in the implementation of the Committee’s views indicated a lack of desire on the part of the Government, and that the Law Against Cyber Crimes and the Anti-Terrorism Act of 2014 were not fully in line with the provisions of the Covenant. Experts highlighted the pervasive corruption, noting that bribes often had to be paid to access basic services, such as drinking water, sanitation, electricity or healthcare, and that corruption charges were being used for political purposes. Other concerns included the widespread use of torture, extrajudicial killings, mob justice, discrimination and harmful practices against women particularly in customary law, criminalization of abortion and lack of access to sexual and reproductive services for women, the crisis in the English-speaking regions of the country, criminalisation of homosexual intercourse, human trafficking and smuggling, the death penalty, excessive length of judicial proceedings, prison overcrowding, independence of the judiciary, jurisdiction of military courts, electoral process, rights of indigenous peoples, harassment of journalists and political opponents, and the situation of refugees in northern Cameroon.
In his concluding remarks, Mr. Nkou said there was a rich exchange of views and a high-quality discussion. Cameroon would always be available to the Committee, he said and thanked the Experts for the interest they had shown in his country.
Yuji Iwasawa, Committee Chairperson, welcomed the reforms to the Criminal Code, and reiterated Experts’ concerns including on the corruption, harmful practices against women, discrimination based on sexual orientation and gender identity, jurisdiction of military courts, freedom of expression, assembly and association, and intimidation and harassment of journalists and political opponents.
The delegation of Cameroon consisted of representatives of the Ministry of Justice, Ministry of Foreign Affairs, Ministry of Defence, Ministry of Territorial Administration and Decentralisation, and the Permanent Mission of Cameroon to the United Nations Office at Geneva.
The Committee will next meet in public on Wednesday, 25 October at 3 p.m., to begin the consideration of the fifth periodic report of Romania (CCPR/C/ROU/5).
Report
The fifth periodic report of Cameroon can be read here: CCPR/C/CMR/5.
Presentation of the Report
ANATOLE FABIEN NKOU, Permanent Representative of Cameroon to the United Nations Office at Geneva, explained that the fifth periodic report of Cameroon covered the period between 2010 and 2013, adding that the delegation would provide more recent information if needed. The report had been drafted in a participatory manner, with contributions from the public administration and civil society. The Government had adopted in 2015 a national action plan for the promotion of human rights, taking into consideration major concerns. The Government had undertaken legislative, institutional and judicial reform in order to strengthen the protection of human rights. Cameroon had ratified the Convention on the Rights of the Child, the 1999 decree of the African Union for the Prevention and Fight against Terrorism, and the African Union Convention on Displaced Persons in Africa. In July 2016, the Government had adopted amendments to the Criminal Code to better protect the physical integrity of women and children, and to better sanction female genital mutilation, the ironing of breasts, sexual harassment, trafficking in persons, early and forced marriages, and impunity for torture.
The Government had also adopted laws in the area of freedom of expression, terrorism, and the jurisdiction of military justice in prosecuting war crimes, crimes against humanity and genocide. As for the institutional aspect, an inter-ministerial ad hoc committee had been set up in 2014 to deal with refugee emergencies, whereas the National Commission for the Promotion of Bilingualism and Multiculturalism had been established in 2017. The Government had also adopted the National Gender Policy, the National Plan of Action for the Elimination of the Worst Forms of Child Labour, the National Strategy for the Fight Against Gender-Based Violence, and the National Plan of Action to Eliminate Female Genital Mutilation.
Cameroon had recently found itself in an increasingly challenging security context, characterised by the fight against terrorism, the precarious humanitarian situation, and a social crisis in some parts of the country. Since 2013 the country had faced threats by the terrorist group Boko Haram, whose attacks had led to the death of some 2,000 persons, and to the use of children as human bombs, soldiers and sexual objects. That context had led to a massive influx of displaced persons. In order to respond to those multiple challenges, the Government had taken a number of measures, such as joining the Global Strategy for the Fight against Terrorism. Nevertheless, respect for fundamental rights remained at the core of those actions. The Government had undertaken human rights training for security forces and had applied judiciary, administrative and disciplinary measures against those security forces members who had committed abuses of human rights. That had led to new challenges in the management of the prison population, which had increased significantly. The Government was working to increase the accommodation space in the central prison of Maroua.
With respect to refugee protection, Cameroon was hosting more than 345,000 refugees as of 31 August 2017 and it had adopted a plan for the management of refugees in 2016. As for the social crisis, teachers’ and lawyers’ trade unions had expressed in 2016 grievances regarding the expression in English in the north-west and south-west of the country. A separatist faction had even spoke about the partition of the country. Accordingly, security forces had had to react to the violence and vandalism carried out during the demonstrations of 22 November and 8 December 2016. On 1 October 2017, armed groups had carried out attacks on State institutions in the name of independence of the mentioned regions. The Government had opened investigations into those events. In conclusion, Mr. Nkou said the Government had also given particular attention to issues such as violence against women and early marriage.
Questions by Committee Experts
Experts raised the issue of the legal and institutional framework for the protection of human rights, namely Cameroon’s inter-ministerial committee that was tasked to deal with the Committee’s concluding observations and views on individual communications. There were excessive delays in the implementation of the Committee’s views which indicated a lack of desire on the part of the Government to implement the Committee’s views.
It also appeared that in recent years certain acts had been adopted, such as the Law against Cyber Crimes and the Anti-Terrorism Act of 2014, which were not fully in line with the Covenant provisions.
Since 2015, Cameroon had gone down 15 places in the global ranking of corruption. It was a fact that corruption was becoming more widespread and even systemic, thus endangering the protection of human rights. Often bribes had to be paid to benefit from some basic services, such as accessing water, sanitation, electricity, healthcare and documents. Accusations of corruption were often politicised, and according to Amnesty International, dozens of former Government officials had been imprisoned on charges of corruption.
Torture remained quite widespread and Experts feared that there were not enough inquiries and independent oversight mechanisms to look into allegations of torture. Experts had an impression that the efforts made by the Government to deal with torture had not been sufficient and had not curbed the use of torture. According to Amnesty International, there were reports of persons being tortured in detention between March 2013 and March 2017, as well as reports of secret torture chambers. What was the delegation’s comment on those allegations?
It seemed that the National Commission on Human Rights and Freedoms was not seen by the general public as completely independent. What measures had the State party taken to uphold its independence? What kind of complaints were filed by the Commission and what were the means of inquiry at its disposal? Was the Commission able to send cases to courts?
Did the new legislation criminalise marital rape? Did the Government plan to adopt additional measures to stamp out harmful practices against women? In some regions, the dowry was higher if the girl had undergone female genital mutilation. Did the State party have the number of complaints filed for various forms of violence against women? Sometimes victims were afraid of stigma so they did not file complaints. In addition to shelters, what other practical measures had been taken to ensure that women who had suffered from violence could be reintegrated in society?
As for gender equality, there were concerns about discrimination in the civil law, namely the rights of spouses, the rights in divorce cases, and adultery. The criminalisation of adultery was discriminatory to women. Would there be an attempt to repeal that legal provision? Was the law requiring the husband’s authorisation so that his wife could work outside the home still in place?
There were also concerns about discrimination against women in customary law. Had the State party ensured that customary law was in line with the Covenant? The proportion of women working in the informal sector without formal social protection was larger than the proportion of men. There was a small number of women in leading positions in the civil administration.
There had been allegations of extrajudicial killings by security forces in the context of the fight against Boko Haram. In addition, some 15 men had been arrested and tortured in secret detention facilities. Allegations had also been received about 131 enforced disappearances. As part of the crisis in the English-speaking regions, some 30 people had reportedly died.
Mob justice was apparently the result of a lack of trust in institutions and there had been no prosecutions of lynching. What efforts had been made to end the phenomenon of mob justice?
As for measures taken to abolish polygamy and to determine the minimum age for marriage for boys and girls, what was the result of relevant consultations? Were women aware of the fact that polygamy was a form of discrimination against them? The minimum marriage age for boys was 18, while for girls it was 16. When would the marriage age be made the same for girls and boys?
What was the outcome of measures taken to make elections accessible for persons with disabilities? How much had the State party spent between 2011 and 2016 for persons with disabilities? What was the number of persons with disabilities in Cameroon? Were all persons with disabilities aware of the programmes and measures designed for them? When would Cameroon ratify the Convention on the Rights of Persons with Disabilities?
Experts drew attention to the criminalisation of homosexual intercourse, noting that it was not up to the State party to decide whether or not to respect the minimum of the Covenant provisions. There were reports that lesbian, gay, bisexual, transgender and intersex persons were held in pre-trial detention for a very long time. How were the principles of pre-trial detention safeguarded for homosexual persons? Homosexual detainees were more vulnerable than other imprisoned persons, given the widespread negative views of homosexuality in Cameroon. What measures had been foreseen to raise the society’s awareness about the damage caused by violence against the lesbian, gay, bisexual, transgender and intersex community?
Some provisions of the legislation on human trafficking and smuggling were not in line with the Covenant provisions. Experts underlined the importance of coordinating efforts to fight trafficking, as well as cooperation with civil society. Did the State party plan to have a mechanism for the collection of disaggregated data on trafficking? There were reports of massive expulsions of hundreds of undocumented migrants. What efforts had been made to document victims of human trafficking? Were there plans to train law enforcement personnel on victim protection? Did the Government plan to enhance the protection of victims in terms of legal aid and psychological support?
Experts raised questions on the investigations and prosecutions carried out and the sentences handed down in relation to the serious human rights violations committed by members of the security forces against civilians during the violent demonstrations of February 2008, in which over 200 people had reportedly lost their lives. What was the compensation awarded to victims or their relatives?
What was the updated number of persons on death row since 2012? Could the delegation confirm that there had not been any executions since 1997? What were the crimes that could incur the death penalty in Cameroon? What was the regime applied to persons condemned to death? Did the State party plan to ratify the Second
Optional Protocol to the Covenant?
Speaking of abortion and access to sexual and reproductive services for women, Experts reminded of the problem of maternal mortality. What measures had the State party taken to reduce the rate of maternal mortality, as a result of unsafe abortions? How would the State party deal with fatal foetus impairment? Was there information about family planning available, and was affordable and adequate healthcare for pregnant women available?
Replies by the Delegation
The delegation explained that 17 deaths had occurred in the events in the English-speaking regions of Cameroon. Not all had been killed by police bullets; some had died in the stampede. The Government had not been able to corroborate the information gathered by Amnesty International about 131 disappearances as a result of security forces’ operations against Boko Haram. The Government had found 41 persons out of the missing 131 persons in prisons.
All those guilty of torture would be punished. There were no exemptions to punishment. In 2015, there were 21 cases in which persons had been found guilty of violations. Civil society organizations had visited 41 prisons. The Government would not have allowed those visits had it had something to hide.
Abortion remained criminalised in Cameroon, but certain circumstances allowed for abortion, such as serious foetal damage. Reproductive health services were a part of a multi-sectoral plan to reduce the rate of maternal mortality. The Government planned to improve the skills of medical staff. Since 2012, 10 midwife schools had been set up, and an additional 5,500 medical staff had received training on reproductive health. In 2014, the use of contraceptives stood at 34.6 per cent, but the Government planned to increase that figure. Six adolescent health clinics had been opened in 2016. The Government had also been fighting against clandestine health facilities.
Providing support to the victims of human trafficking was still a challenge. It required greater capacity and the Government benefited from the support provided by certain civil society organizations. Reparations to victims became available following sentencing by courts. Responding to the question about the lack of training to police officers to identify victims of human trafficking, the delegation said that relevant training was provided in association with French civil society. Cameroon did not have a law on the protection of victims of human trafficking. That was an area in which the Government needed to make more effort.
As for the inequalities between women and men in conjugal relations, Cameroon had ratified the Convention on the Elimination of All Forms of Discrimination against Women and it was striving to build the capacity of judges in direct implementation of the provisions of the Convention. Polygamy was accepted in Cameroon’s law, but Cameroonian women did not need to have their husband’s permission to practice their profession. The Supreme Court had looked into the application of customary law for quite some time. As a result of the crisis in the country, not only women were working in the informal sector; that was a widespread phenomenon and not the result of discrimination. With respect to the low representation of women in decision-making posts, the Government had advocated for an increase. The 30 per cent quota on female representation in political parties had been exceeded.
The current legislation on the criminalisation of rape did not prevent either spouse from lodging a complaint. Shelters were in place for victims of domestic violence. According to the Criminal Code, any person fearing abuse could receive protection orders. Female genital mutilation was criminalised through the latest reform of the Criminal Code, and a public awareness raising campaign was underway, in cooperation with community leaders.
Various Government bodies dealt with corruption, such as anti-corruption units in all Ministries. As for the allegations of the political use of corruption, the delegation noted that all allegations had to be investigated. Under the 2016 reform of the Criminal Code, persons lodging complaints of corruption were protected.
Cameroon had recently signed a tripartite agreement with Nigeria and the United Nations High Commissioner for Refugees on the voluntary repatriation of refugees, which was being implemented in a satisfactory manner.
Despite the criminalisation of homosexuality in Cameroon, the Government had undertaken efforts to protect the privacy of those persons. There were no plans to decriminalise same-sex relations.
With regards to the views the Committee had adopted with respect to individual communications, Cameroon had implemented two out of the eight views. The negotiations took some time as the Government and parties did not agree on the amount of compensation to be paid.
The programme of accessible elections for persons with disabilities was a very enriching experience for Cameroon, and it would be implemented in the next elections.
The National Commission on Human Rights and Freedoms was one of the few A status commissions in Africa. The Government was trying to make its mandate as broad as possible. The budget afforded to it was sufficient to make it operational. The fact that members of the Commission were appointed by the President was not a stumbling block in the discharge of its functions.
The 2016 reform of the Criminal Code criminalised any marriage under the age of 18.
The delegation explained that a colonel had been charged with holding persons in unofficial places of custody, and noted that the arrests and detention of a large number of persons in the context of the fight against Boko Haram lead to prison overcrowding, and that the colonel had therefore been forced to find additional places of detention. Regrettably, some persons had been found deceased in those facilities, and the Government had immediately begun investigations. Some 25 out of 60 persons held in those unofficial places of detention had been found dead due to poisoning. The colonel and two gendarmes had been immediately removed from their functions. The court was currently deliberating this case, a delegate said and added that there were plenty of examples of disciplinary decisions made against forces of law and order.
Turning to the issue of mob justice, the delegation clarified that such cases were investigated in line with the Criminal Code and there was no impunity for such acts. Cameroon was governed by the rule of law.
The Cameroonian law contained provisions on the crime of trafficking in persons and the crime of slavery – the definitions included the element of coercion and were fully compatible with the two Palermo protocols on trafficking in persons and on smuggling of migrants.
Cameroon had not passed any anti-terrorism law that contradicted the principles of human rights. Its approach was based on criminal law and it tried to follow the principle of the proportionality of the punishment and the crime. The country faced hostage taking and armed conflict with terrorists since 2013, thus military courts had been given the jurisdiction over such crimes. They respected the principle of a fair trial and persons charged with terrorism had the right to appeal. The Maroua military court in the north of Cameroon handled some 95 per cent of terrorism cases.
In many court cases, judges had referred to the Covenant provisions. There was an interpretation of international treaties, to enable the verification of the compatibility of domestic laws with international provisions. Customary law was still widespread in northern regions of the country in matters of marriage and inheritance. The judicial personnel underwent human rights training every year.
Turning to the questions on the ratification of the Second Optional Protocol to the Covenant, the delegation reminded that for decades, Cameroon maintained a de facto moratorium on the death penalty. The death penalty remained on the books for the most heinous crimes, and there were no plans to ratify the Second Optional Protocol in the near future. Cameroon had accepted in principle to ratify the Convention on the Rights of Persons with Disability.
The 2014 National Gender Policy aimed to provide women with better access to high-quality medical services, in particular reproductive healthcare. The Government was looking to strengthen urgent care for all pregnant women. Therapeutic abortion was not criminalised and abortion was allowed when woman’s health was in danger and in case of rape.
Second Round of Questions by Experts
Experts inquired which heinous crimes and attacks warranted the death penalty in Cameroon and asked whether there had been any death penalty convictions.
The Committee had previously raised concerns about the guarantees set out in the Code of Criminal Procedure to ensure that no person was subjected to arbitrary detention, an Expert remarked and asked whether disciplinary measures taken against police officers had a positive impact on the respect of the rights of detainees. When would the commission for granting the compensation for arbitrary detention become operational, and what was its composition? Experts also raised concern about the situation in northern Cameroon and the arrest of persons suspected of belonging to Boko Haram.
What measures were being taken to ensure the effective compliance with the Code of
Criminal Procedure and to reduce the excessive length of judicial proceedings? Had reforms been undertaken to inform the accused of their rights? Experts asked for updated data on the number of persons in pre-trial detention, the number of persons serving sentences, prison occupancy rate, and the number of persons deprived of liberty who were kept in psychiatric hospitals or in institutions for persons with physical or mental disabilities.
Experts inquired about the situation of refugees in the far north of Cameroon, namely Nigerians fleeing Boko Haram, and the unfounded accusations brought against them.
Turning to the situation in prisons, Experts raised concerns about overcrowding, violence and riots, and that, according to Amnesty International reports, six persons died every month in State prisons. Could the delegation comment on this situation and explain measures taken to investigate the matter? Experts were also concerned about the lack of separation of persons in pre-trial detention and convicted criminals, and asked whether visits were allowed to all prisons, even in the north of the country? It seemed that communication between detainees and their relatives was often not allowed.
Cameroon had ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Had the national torture prevention mechanism been established?
Experts raised concern about the lack of impartiality of the judiciary and the interference of the executive branch in judicial matters. What mechanism was in place to guarantee the independence of the judiciary and which were the criteria for the appointment of judges? What was the outcome of the compensation claim for the arbitrary detention of Michel Thierry Atangana?
The jurisdiction of military courts had been enlarged, contrary to the Committee’s recommendations, Experts remarked and stressed that civilians exercising their freedom of expression should not be tried in military courts.
The delegation was asked about the human trafficking task forces in different regions of the country, their staffing and funding, and to provide the statistics and data on the number of prosecutions and convictions for human trafficking.
Concerning the denouncement of lesbian, gay, bisexual, transgender and intersex persons, the Expert asked who could denounce and the system in place to ensure that denouncements were not based on rumours and gossip.
As for the participation in political and public life, Experts raised the issue of the impartiality of the executive branch in the electoral process. What mechanisms were in place to ensure that elections were transparent and fair, and what steps had been taken to ensure the independence of Election Cameroon, the electoral institution, from the executive, including its financial independence?
What measures were in place to protect the rights of indigenous peoples, such as the Baka, the Bakola, the Bedzang and the Mbororo (pygmies), especially with respect to their access to land and resources?
Turning to the demonstrations of English speakers in October 2017, Experts inquired about the barriers to access to political representation and the restrictions on freedom of expression, peaceful assembly and association for the Anglophones in Cameroon.
Experts asked about investigations into the harassment of journalists and political opponents and about the guarantees of non-reprisals for the human rights defenders returning to Cameroon. The suspension of access to the Internet was a matter of concern, while a ten-year retention period for metadata stipulated by the Cyber Criminality Law raised concerns about issues of privacy.
It seemed that the negative attitudes towards the northern part of Cameroon could negatively impact the delivery of basic services and thus human rights of the people living in those regions, Experts observed.
Replies by the Delegation
In response to those questions, the delegation noted that the demonstrations in the English-speaking north-west and south-west regions of Cameroon could not be called “peaceful”. Initially, the Government had thought that the demonstrations had been organised by trade unions, namely lawyers, and had responded in good faith. However, the strike had turned into a political campaign; it had been joined by the teachers’ trade union and artisanal firearms had been fired. An armed uprising would counter the constitutional order of the country, stressed the delegation. Subsequently, students in those regions had also gone on strike asking for the payment of student grants and the extension of the deadline for university enrolment. In February 2017, the security forces had found hidden arms. The crisis had turned violent with rebels attacking local security officers, State institutions and symbols, and calling for the secession of the English-speaking regions. It was not possible to speak of “peaceful” demonstrations in such circumstances.
The majority of persons arrested on terrorism charges in the north of the country were of Nigerian nationality and spoke the Kanuri language, but they were not abandoned by the Government of Cameroon.
Turning to prison overcrowding, the delegation explained that occupancy varied from region to region, and that in some regions, there was spare capacity in prisons. Prison overcrowding was a multifaceted problem that also concerned the management of court proceedings. The Government had undertaken refurbishment and the building of new prisons, and had taken efforts to connect prisons to water distribution system, improve the provision of healthcare services, and increase the budgetary allocation for food provision. The fight against terrorism had led to the tripling of the prison population, which was why the Government had taken further measures to increase the capacity and living conditions in prisons. The separation of persons held in custody and convicted persons required more resources to renovate and expand the existing prisons.
A multi-stakeholder debate to deal with the national mechanism for the prevention of torture in the most effective and economically sustainable way had been organized. Information about the prosecuted cases of torture was available in the State party’s submission, a delegate said and reiterated that Cameroon pursued a zero tolerance policy for all acts of torture by law enforcement forces.
With respect to the imprisonment as a result of the non-payment of rent, it was explained that it was the refusal to leave the leased building that was punished and not the failure to pay the rent.
Turning to the independence of the judiciary, the delegation reminded that Cameroon drew on common and civil law traditions, and as such there was no place to interpret interference of the executive branch in the judicial powers. Judges could be dismissed if they were seen as not performing their duties appropriately.
There were some difficulties in setting up the human trafficking task force units, but mechanisms were in place through which cases of human trafficking could be reported. As for the question concerning the compliance with the Code of Criminal Procedure, a delegate stressed that Cameroon had to tackle the problem of legal backlog in a holistic manner, and that there were various orders dealing with the excessive duration of legal proceedings and long periods of pre-trial detention.
There were no plans to decriminalise abortion because it was considered an attack on the right to life, and incest could not be included as a legal ground for abortion.
With respect to reprisals against human rights defenders, they would be able to talk to the Government soon.
Concluding remarks
ANATOLE FABIEN NKOU, Permanent Representative of Cameroon to the United Nations Office at Geneva, said there was a rich exchange of views and a high-quality discussion. Cameroon would always be available to the Committee, he said and thanked the Experts for the interest they had shown in his country.
YUJI IWASAWA, Committee Chairperson, welcomed the reforms to the Criminal Code, and voiced concerns about the corruption, implementation of the Committee’s views on individual communications, discrimination and harmful practices against women, discrimination based on sexual orientation and gender identity, criminalisation of same-sex relations, extrajudicial executions, mob justice, human rights violations committed by security forces during demonstrations, prison conditions and non-separation of suspects and convicted persons, independence of the judiciary, jurisdiction of military courts, freedom of expression, assembly and association, intimidation and harassment of journalists and political opponents, and free and fair elections.
For use of the information media; not an official record
CT/17/38E