Legal Instruments Protecting Human Rights in Cameroon

Legal Instruments Protecting Human Rights in Cameroon

Ndille Ndille Njume¹*, Barrister Ekongwese E.N. Ransome²

¹Department of Peace Studies & Humanitarian Action, Heritage Higher Institute of Peace and Development Studies, Yaoundé – Cameroon

²Ngwafor And Partners Law Firm, Yaoundé – Cameroon

*Corresponding author

DOI: https://dx.doi.org/10.47772/IJRISS.2025.9020307

Received: 05 February 2025; Accepted: 18 February 2025; Published: 20 March 2025

ABSTRACT

Across the globe, citizens are increasingly expressing a desire for improved living standards, with human rights violations frequently catalysing various civil disobedience movements. This widespread yearning has compelled governments to respond to this global trend through a range of institutional and legal initiatives. It can be argued that, in contemporary society, many nations have enshrined human rights within their legal frameworks. This study seeks to investigate the legal tools that safeguard human rights in Cameroon. It adopts a qualitative research methodology, utilizing a doctrinal approach to analyse existing laws on the protection of human rights. The theoretical foundation of this work is grounded in John Locke’s social contract theory, which asserts that governments derive their legitimacy from the consent of the governed. According to Locke, the primary purpose of government is to protect fundamental rights and promote the collective welfare of society. This theory provides a rationale for state actions aimed at safeguarding human rights, which are manifested through legal mechanisms as discussed throughout this paper. The research highlights a total of eight national and nine international legal instruments that the state of Cameroon employs to safeguard human rights. These instruments range from the preamble of the 1996 Constitution to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. To enhance the human rights framework within Cameroon, this paper puts forth several recommendations. These include proposed amendments aimed at clarifying ambiguous provisions found in the preamble of the Constitution concerning human rights, as well as a comprehensive review of the anti-terrorism legislation to prevent its potential misuse against political opponents and activists.

Keywords: Cameroon Law, Human Rights, Human Rights Protection

RESUME

Partout dans le monde, les citoyens expriment de plus en plus leur désir d’améliorer leur niveau de vie, et les violations des droits de l’homme catalysent fréquemment divers mouvements de désobéissance civile. Ce désir généralisé a contraint les gouvernements à répondre à cette tendance mondiale par une série d’initiatives institutionnelles et juridiques. On peut affirmer que, dans la société contemporaine, de nombreux pays ont inscrit les droits de l’homme dans leurs cadres juridiques. Cette étude vise à examiner les structures juridiques qui protègent les droits de l’homme au Cameroun. Elle adopte une méthodologie de recherche qualitative, utilisant une approche doctrinale pour analyser les lois existantes sur la protection des droits de l’homme. Le fondement théorique de ce travail est ancré dans la théorie du contrat social de John Locke, qui affirme que les gouvernements tirent leur légitimité du consentement des gouvernés. Selon Locke, l’objectif principal du gouvernement est de protéger les droits fondamentaux et de promouvoir le bien-être collectif de la société. Cette théorie fournit une justification aux actions de l’État visant à protéger les droits de l’homme, qui se manifestent par des mécanismes juridiques tels que décrits tout au long de cet article. La recherche met en évidence un total de huit instruments juridiques nationaux et neuf instruments juridiques internationaux que l’État du Cameroun utilise pour protéger les droits de l’homme. Ces instruments vont du préambule de la Constitution de 1996 à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants. Pour améliorer le cadre des droits de l’homme au Cameroun, ce document propose plusieurs recommandations. Il s’agit notamment de propositions d’amendements visant à clarifier les dispositions ambiguës figurant dans le préambule de la Constitution concernant les droits de l’homme, ainsi que d’une révision complète de la législation antiterroriste pour empêcher son utilisation abusive potentielle contre les opposants politiques et les militants.

Mots Clés : Droits de l’homme, Loi Camerounaise, Protection de droits de l’homme

INTRODUCTION

Background Of the Legal Protection of Human Rights

The idea of human rights is that there are certain rights attached to the individual which should not be taken away from him except in circumstances considered reasonable and allowed by law. Human rights are those rights which the international community recognizes as belonging to all individuals by the very fact of their humanity. These rights combined with traditional legal system seek to protect the essential rights of its subject.[1] The most banal statement on the concept of human rights is that it is the modern name for what has been traditionally known as natural rights. These rights may be defined as moral rights which every human being everywhere at all times ought to have simply because of the fact that, in compared to other beings, he is rational and moral.[2] The fountainhead of natural rights is the concept of natural law. According to the Greek and Roman philosophers of the Stoic school, who first formulated it, natural law was universal because it applied, not only to citizens of certain states but rather to everybody everywhere in the metropolis.[3]

As an international concern, Human rights issues are among the most widely debated in the world today. This is because the question of Human Rights is fundamental to mankind.[4] For a long time they have remained an issue strictly within national jurisdiction,[5] that is until the end of the 1940’s, when they became internationalized.[6] This process of internationalization, as Azinge points out, is traceable to some international instruments which recognize the need to promote and preserve human rights for the ultimate attainment of world peace.[7] In this respect, the United Nations has been able to consolidate the principle that human rights are a matter of international concern and that international community is entitled to discuss and to protect human rights [8] through the 1948 Universal Declaration of human rights.[9] In the African context, the OAU Charter was the first regional instrument that dealt with the protection of human rights in the continent. However, it contained very little references to the concepts of human rights[10] and made reference to the protection of human rights as well as general statements regarding the welfare and wellbeing of Africans.[11] The OAU was pre-occupied with more pressing issues such as unity, noninterference in internal affairs and liberation. [12]

Human Rights Protection is a global concern which took centre stage in 1948 with the Universal Declaration of Human Rights,[13] its violation has triggered major conflicts worldwide,[14] many factors affect the implementation of human rights, however, legal protection is particularly important for the modern paradigm of human rights not only for the judicial enforcement of these rights as legal entitlement, but also to sustain the efficacy and credibility of all other mechanisms and processes relevant to their implementation. States have made it an obligation to safeguard these rights by enacting laws to this effect.

The Office of the High Commissioner for Human Rights, the leading United Nations entity in the field of human rights, with a unique mandate to promote and protect it defines human rights as rights we have simply because we exist as human beings. These rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, colour, religion, language, or any other status. They range from the most fundamental – the right to life – to those that make life worth living, such as the rights to food, education, work, health, and liberty. ^[15]  In a nutshell, human rights have a sole purpose to ensure the wellbeing of mankind. Hugo Grotus, a human rights scholar defines it as those moral claims human beings invoke in the society in which they find themselves; they are those values and attributes that human beings possess by virtue of their humanity.^[16]

Several mechanisms have been put in place both internationally and nationally to ensure the respect of these rights, in Cameroon for instance, human rights are protected nationally through legal instruments such as the Preamble of the Cameroon Constitution of January 18th, 1996, the penal code, criminal procedure and electoral code, amongst others, not forgetting international legal instruments. It should be noted that these laws contain elements that question the purpose of human rights protection. This paper sheds light on how Cameroonian Laws protects the human rights of its citizens using national and international legal instruments, and equally exposes some of the loopholes in this legal framework that enable human rights violation in the country.

THEORETICAL FRAMEWORK

Natural Rights Theory

According to Ellen Frankel Paul, Fred D. Miller, Jr and Jeffrey Paul, Natural rights theory holds that individuals have certain rights–such as the rights to life, liberty, and property–in virtue of their human nature rather than on account of prevailing laws or conventions. The idea of natural rights reaches far back in the history of philosophy and legal thought. Arguably, it was already recognized in nascent form by ancient Greek thinkers such as Aristotle in the fourth century B.C., who argued that citizens who are equal by nature have the same natural right (that is, just claim) to political office (Politics III.16.1287a8–14). During the Middle Ages the concept of natural rights began to emerge in a more recognizably modern form. Medieval canon lawyers, philosophers, and theologians entered into heated debate over the status of individual property rights, with some contending that the right to property was natural and others that it was merely conventional.[17]

In the early modern era, theories of natural rights were advanced by seminal thinkers, including Hugo Grotius, Thomas Hobbes, and Samuel Pufendorf. The most influential of these was the English philosopher John Locke, especially in his Second Treatise of Government published in the late seventeenth century. Locke contended that prior to the political state there had existed a state of nature, in which human beings possessed rights to “life, liberty, and estate.” “The State of Nature has a Law of Nature to govern it,” he wrote, “which obliges every one: And Reason, which is that Law, teaches all Mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his Life, Health, Liberty, or Possessions.” The implications of natural rights theory extend to the development of legal frameworks that enshrine these rights within national constitutions and laws.[18]

Social Contract Theory

Several competing bases have been asserted for universal human rights^[19] such as the Social Contract Theory by Jean Jacques Rousseau which at its most basic level, states that human beings give up certain rights they have in a state of nature in order to obtain the securities and rights provided by civilization.^[20] Another proponent of the social contract theory is John Locke, who posits that government exists only by the consent of the people in order to protect basic rights and promote the common good of society.^[21] Thomas Hobbes further adds that human beings give up their freedoms to avoid living in the state of nature which is characterised by fierce competition, through a social contract, they come to a collective understanding that it is in everyone’s interest to enforce rules that ensure safety and security for everyone, even the weakest.^[22]

In a nutshell, these rights mentioned above are surrendered to governments, who in return sign a contract with the populace in the form of a constitution in contemporary times, in which are enshrined, protection of basic rights such as the right to live, work, own property, just to name a few. In the Cameroonian context, the preamble of its 1996 Constitution (social contract) with amendments through 2008, makes provision for the protection of these rights, which is consolidated through a series of legal endeavours.

LITERATURE REVIEW

Several scholars have endeavoured to document the legal frameworks that govern human rights protection in Africa and Cameroon in particular. Jacob Abiodun Dada, in his paper titled “Impediments to Human Rights Protection in Nigeria,”[23] analyses the various and complex obstacles that hinder the effective enjoyment of human rights in Nigeria. These obstacles include constitutional, social, and political factors. His work provides a critical assessment of the human rights situation in Nigeria; however, it does not delve deeply into the domestic legal provisions that ensure such protections.

On the other hand, Ayuk Nkwa Pascal, in “The Legal Framework for The Protection of Liberty in Cameroon,” [24] delineates both international and domestic legal instruments that safeguard liberties and human rights. This includes references to the penal code, criminal procedure code, laws governing freedom of association and expression, as well as the preamble of the 1996 constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights. However, he neglects to mention essential instruments such as the Universal Declaration of Human Rights, the Protocol to the African Charter on the Rights of Women in Africa, the Cameroon Labour Code, the Electoral Code, the Law on Consumer Protection, and the Convention on the Rights of the Child, among others. Furthermore, Ayuk Nkwa’s efforts are insufficient as they overlook significant deficiencies in human rights protection within Cameroon.

It is crucial to acknowledge the contributions of Benjamin Mekinde Tonga, Pefela Gildas Nyugha, and Ndille Ndille in their works titled “The State of Human Rights Protection in Cameroon” [25]and “An Overview of Human Rights Protection and Promotion in Cameroon by Key Institutions.”[26] While these scholars briefly address legal provisions, they place greater emphasis on the roles played by institutions such as non-governmental organizations (NGOs), courts, and government ministries in safeguarding human rights.

Dominique Junior Zambo Zambo in “Protection des droits fondamentaux et droit à la jurisdiction constitutionnelle au Cameroun: continuity et ruptures’’ is of the opinion that in Cameroon, as human rights become more recognized, it’s important to focus on how people can access justice and protect their rights. He explains that access to justice helps ensure that individuals can claim their rights, which are protected by the Constitution. However, he poses concerns about how well these rights are defended in practice, particularly by regular judges. His efforts primarily illuminate the deficiencies inherent in our justice system regarding its capacity to safeguard human rights.

This paper adopts a methodology that addresses the gaps identified in the previous works of the aforementioned authors. It does so through an exhaustive examination of both international and national legal frameworks that safeguard human rights, as well as the legal mechanisms that obstruct their effective implementation. The analysis presented herein is grounded exclusively in legal texts, deliberately omitting case studies from its scope. This absence of empirical examples may present an opportunity for future researchers to explore and fill this gap in subsequent scholarly endeavours. By bridging these identified voids, this work aims to contribute significantly to the discourse surrounding human rights protection and its challenges within legal contexts.

METHODOLOGY

The methodology applied here is qualitative, using a doctrinal method. Qualitative research involves collecting and analysing non-numerical data (e.g., text, video, or audio) to understand concepts, opinions, or experiences. It can be used to gather in-depth insights into a problem or generate new ideas for research.[27] Doctrinal research on the other hand involves analysing existing legal principles, doctrines, statutes, and case laws to develop a comprehensive understanding of a legal issue.[28] This methodology is used to easily outline and clarify the legal provisions for human rights protection in Cameroon, facilitated by the availability of data. The work relies heavily on secondary sources, such as legal texts, text books, journal articles, reports and online sources.

Legal Framework for The Protection of Human Rights in Cameroon

National Legal Instruments

These are laws enacted by the state of Cameroon to protect human rights within its jurisdiction. These instruments serve as the legal framework through which the principles of international human rights are implemented at the national level.

Law No. 96/06 Of 18 January 1996 on The Cameroon Constitution

After a short period of “liberal constitutionalism from colonial times”[29] which ended with several years of authoritarian rule, the 1990s brought reforms that helped restore liberal constitutionalism. This led to a greater emphasis on fundamental rights that had been limited during the previous strict government. Although these rights were mentioned in various laws and agreements that Cameroon had accepted, they did not have constitutional importance because their declaration was not included in the Constitution of June 2, 1972.[30] However, the constitutional law passed on January 18, 1996 changed this by giving constitutional importance to the preamble in Article 65.[31] The preamble contains 25 sections which are an embodiment of the universal declaration of human rights, ranging from the right to live, to the right to education, with emphasis on state obligation to ensure the respect and application of these rights, for instance, under section 15 of the Preamble to Cameroon’s Constitution, the “freedom of religion and worship shall be guaranteed.”[32] Also, the preamble also stipulates that “every person has a right to life, to physical and moral integrity and to humane treatment in all circumstances. Under no circumstances shall any person be subjected to torture, to cruel, inhumane or degrading treatment.” Article 65 of the 1996 constitution reads; “The Preamble shall be part and parcel of this Constitution.” [33] This implies that the human rights contained in the preamble are binding and any violation of its stipulations warrant legal prosecution.

Law No 2016/007 Of 12 July 2016 Relating to The Penal Code

The Cameroon penal code was first instituted in 1965, with amendments through 2016. The penal code of 2016 protects several categories of rights,[34] sections 275, 276, 277, 293, 296, 302, 305, 318 and 320 condemn murder, capital murder, torture, rape, slavery, defamation, sexual harassment and theft respectively. Consistent with these principles, Section 277-1 of the Penal Code of Cameroon provides for imprisonment of up to 20 years for individuals who mutilate “the genital organ of a person, by any means whatsoever.”[35] Imprisonment can increase to life in prison if “the offender habitually carries out the practice or does so for commercial purposes” [36]or if the mutilation “leads to the death of the victim.[37] “Further, under Section 350 of the Penal Code, if the crimes are committed against a person under fifteen years old, the prison sentence is also increased to life imprisonment or death.[38] Under Section 356 of Cameroon’s Penal Code:

-whoever compels anyone to marry shall be punished with imprisonment for from 5 – 10 years with a fine of from 25,000 – 1,000, fcfa

-where the victim is under the age of 18, the punishment may not be less than 2 years imprisonment, whatever the mitigating circumstances.

-whoever gives in marriage a boy or a girl under 18 shall be punished as under the last two foregoing subsections.[39]

All of these are in conformity with the Universal Declaration of Human Rights, specifically articles 3, 5, 4, 12 and 17.[40]

Law N° 2005 of 27 July 2005 on the Criminal Procedure Code

Criminal procedure codes form the basis of criminal law, they contain information on how different types of crime are punished and the rights of the accused in criminal proceedings.[41] The Cameroon Criminal Procedure Code of July 2005[42] lays down procedural rules in criminal proceedings, starting from criminal investigation (searches and seizures, interrogations and questioning), to pretrial rights (right to a speedy and public trial, by an impartial jury of the State, and to be informed of the nature and cause of the accusation), trial rights (right to be heard, presumption of innocence, right to counsel) and post-trial rights (right to appeal). The Criminal procedure code has been designed to protect human rights in criminal proceedings as it aligns with article 8 (access to justice), 10 (right to a fair trial) and 11 (presumption of innocence) of the Universal Declaration of Human Rights. Part I (Section 8) of the Criminal Procedure Code substantiates this by stating; “Any person suspected of ‘- having committed an offence shall be presumed innocent until his guilt has been legally established in the course of a trial where he shall be given all necessary guarantees for his defence.” [43] Section 1 (d) of the very code says that: “the Criminal Procedure Code stipulates the rules which deal particularly with the rights of the parties”.[44]

Law No. 92/007 of 14 August 1992 on the Labour Code

Labour codes govern labour relations between wage-earners and employers as well as between employers and apprentices under their supervision, it also spells out the rights and obligations of both parties.[45] Section 2 (1) of the 1992 Labour code notes that “the right to work shall be recognised as a basic right of each citizen”. [46] The state is mandated to take all necessary steps to assist its citizens to secure employment. The Labour Code also condemns forced labour in section 2 (3) by stating that “forced or compulsory labour shall be forbidden” [47] and consolidates article 23 (right to work) of the Universal Declaration of Human Rights in section 2 (2) when it reads “work shall be a national duty incumbent on every able-bodied adult citizen” [48] In a nutshell, the labour code reflects the values of article 23 of the Universal Declaration of Human Rights. Sasohi Sataki, Deputy Director of the International Labour Organisation once said “Human rights are labour rights; it is our duty to protect and support them if we are to achieve the goal of social justice”.[49]  In a case where a worker sees his rights abused, the labour code makes provision for recourse to be sought at the labour inspector’s chambers , commonly known as a “labour court”, where concerned can either seek amicable solutions, or refer the matter to a competent court.

Law No. 2012/001 Of 19 April Relating to The Electoral Code

An electoral code can be defined as a set of guidelines to be observed by political parties, candidates, voters and other key electoral stakeholders with the aim of promoting conditions that are conducive to free and fair elections.[50] In the General provisions of the Cameroon Electoral Code of 19 April 2012, precisely in section (1), it notes that “elections shall be by universal suffrage and by equal and secret ballot”. [51] By so doing, this law protects human rights pertaining to electoral issues, it respects the provisions of article 21 of the Universal Declaration of Human Rights on right to partake in public affairs, particularly sub section 3 which reads “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secrete vote or by equivalent free voting procedures.” [52] The Electoral code in section 132 empowers the constitutional council for instance, to hear matters pertaining to electoral disputes, its aim is to protect the rights of political actors, who for some reason might not satisfied with the manner in which elections are conducted, an endeavour aimed at legitimising the electoral process.

Law No. 90/53 Of 19 December 1990 Relating to Freedom of Association

The right to freedom of association involves the right of individuals to interact and organize among themselves to collectively express, promote, pursue and defend common interests. Freedom of association is a human right backed by article 20 of the Universal Declaration of Human Rights which states that “Everyone has the right to freedom of peaceful assembly and association” and “No one may be compelled to belong to an association.” The 1990 Law on Freedom of Association [53] states that “citizens have the right to set up associations and to be or not to be a member of an association, as such, this law encompasses an individual’s right to form associations, and to join or leave groups voluntarily.

Law No. 90/52 of 19^th December 1990 Relating to Freedom of Mass Communication, Promulgated to Guarantee the Right to Freedom of Expression

Mass media in Cameroon is governed by Law No 90/52 of 19^th December 1990 relating to freedom of mass communication which was promulgated in 1990 to guaranty the right to freedom of expression.[54] Before its promulgation, the state-owned Cameroon Radio Television (CRTV) had the monopoly over information in the country,[55] with the advent of this law and its liberalisation, Cameroon has witnessed a rapid growth in the mass media sector, one can say here that the degree of freedom of expression in the country has improved because people can now express their views and have a means through which such views can be expressed.

Law No. 2011/012 of May 6 2011 on Consumer Protection

Law No. 2011/012 of May 6 ,2011 on Consumer Protection in Cameroon prohibits unfair commercial practices, clauses that limit consumer rights, and emphasizes the responsibility of suppliers and service providers to ensure the safety and quality of products and services offered to consumers.[56] By ensuring that consumers are served safe and quality products, this law respects article 25 of the Universal declaration of human rights which states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including foods, clothing, housing and medical care”.[57]

Law No 2010-12 Of 21 December Relating to Cybersecurity and Cybercriminality in Cameroon

This law governs the security framework of digital communication, it defines and punishes offences related to the use of information and communication technologies in Cameroon. Accordingly, the law seeks to protect basic human rights, in particular the right to human dignity, honour and respect of privacy [58] as mentioned in section 1 (c) of its general provisions. Section 26 of this law outrightly condemns content that infringes on human privacy, a provision which is in conformity with articles 12 of the Universal Declaration of Human Rights.

International Legal Instruments

Cameroon has committed to respecting international human rights by being a signatory to both continental and international human rights conventions by virtue of being a member of the African Union and United Nations. It should be noted that article 45 of the 1996 constitution with amendment through 2008 makes these conventions / treaties legally binding as they override national laws, article 45 of the 1996 Constitution states that “Duly approved or ratified treaties and international agreements shall, following the publication, override national laws, provided the other party implements the said treaty or agreement.”[59] The following paragraphs examine international human rights conventions ratified by the state of Cameroon.

The African Charter on Human and Peoples’ Rights (ACHPR) of June 27, 1981

Cameroon ratified the African Charter on Human and Peoples’ Rights on January 20, 1989.[60] It is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. Some rights recognised in the charter include the right to freedom from discrimination (Article 2 and 18 (3), equality (Article 3), life and personal integrity (Article 4), dignity (Article 5), freedom from slavery (Article 5), freedom from cruel, inhuman or degrading treatment or punishment (Article 5), rights to due process concerning arrest and detention (Article 6), the right to a fair trial (Article 7 and 25), freedom of religion (Article 8), freedom of information and expression (Article 9), freedom of association (Article 10), freedom of assembly (Article 11), freedom of movement (Article 12), freedom to political participation (Article 13), the right to property (Article 14), and the right to resist (Article 20). The peculiarity of charter is in its condemnation of colonialism and apartheid in the preamble section. [61]

The Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol) of July 11, 2003

The Protocol guarantees extensive rights to women, including the right to take part in the political processes, to social and political equality with men, improved autonomy in their reproductive health decisions, and an end to harmful traditional practices such as female genital mutilation, among others.[62] The protocol conforms with articles 1 and 2 of the Universal Declaration of Human Rights, with a mandate to promote equality and eliminate any form of gender-based discrimination. It should be noted that Cameroon ratified this protocol in July 2006.

The African Charter on the Rights and Welfare of the Child (ACRWC) of July 11, 1990

The African Charter on the Rights and Welfare of the Child (ACRWC/the Charter) was adopted by the Organisation of African Unity on 11 July 1990 and came into force on 29 November 1999. The Charter is a regional human rights instrument addressing issues of particular interest and importance to children in Africa.[63] This treaty was ratified by Cameroon on September 5, 1997.[64] Some of the human rights covered by this treaty include child education, protection of children from violence, children’s health and well-being, all of which are align with the provisions of the universal declaration of human rights.

The Universal Declaration of Human Rights (UDHR) of December 10, 1948

The Universal Declaration of Human Rights (UDHR) is an international document comprised of 30 articles, adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings, such as the right to life, liberty, and security of person, freedom of expression, and the right to participate in government.[65] The declaration set out, for the first time, fundamental human rights to be universally protected. As such it became a foundational instrument of the modern international human rights system.[66]  It is like a global road map for freedom and equality – protecting the rights of every individual, everywhere. It was the first time countries agreed on the freedoms and rights that deserve universal protection in order for every individual to live their lives freely, equ­­ally and in dignity. Cameroon has incorporated the 1948 Universal Declaration of Human Rights into legal system, since she achieved independence and asserted its sovereignty at the international level,[67] its successive constitutions have proclaimed its people’s commitment to human rights as set out in this declaration, as such, she has committed to upholding international human rights principles.

The International Covenant on Civil and Political Rights (ICCPR) of December 16, 1966

The International Covenant on Civil and Political Rights (ICCPR) elaborates further the civil and political rights and freedoms listed in the Universal Declaration of Human Rights,[68] it is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.[69] It was adopted by the United Nations General Assembly in December 16, 1966 and ratified by Cameroon on June 24, 1984.[70]

International Covenant on Economic, Social, and Cultural Rights (ICESCR) of December 16, 1966

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the UN General Assembly in 1966.[71] The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set.[72] It promotes the right to work, education, health, adequate living standards, and participation in cultural life. It should be noted that Cameroon ratified this treaty on June 27, 1984.[73]

The Convention on the Rights of the Child (CRC) of November 20, 1989

The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.[74] The Convention outlines in 41 articles the human rights to be respected and protected for every child under the age of eighteen years. In article 1, it defines the child as “every human being below the age of eighteen years”, unless the national law considers majority attained at an earlier age.[75] By ratifying this treaty on 11 January 1993,[76] Cameroon is compelled to prioritize children’s welfare and put in place policies that promote their rights and development.

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of December 18, 1979

CEDAW is often described as the international bill of rights for women, and is one of the key international agreements that guides the work of UN Women in achieving gender equality and empowering all women and girls.[77] It is the only human rights treaty which affirms the reproductive rights of women,[78] repels customary practices such as female genital mutilation, gender-based violence, all forms of gender motivated discrimination, just to name a few. This treaty was ratified by Cameroon on August 23, 1994,[79] marking her commitment to bettering the condition of women in the country.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) of December 10, 1984

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.[80] It requires member states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids member states to transport people to any country where there is reason to believe they will be tortured. Cameroon’s ratification on 19 December, 1986, [81] signifies its commitment to preventing torture and ill-treatment, while ensuring the punishment of those responsible for such actions.

Each of these international agreements is vital for promoting and safeguarding human rights in Cameroon by harmonizing domestic legislation with international norms and ensuring accountability for individual rights across various aspects of life.

LEGAL INSTRUMENTS HINDERING HUMAN RIGHTS PROTECTION IN CAMEROON

Although the law makes provision for the protection of human rights, its protection is legally hindered by constitutional provisions, presidential decrees and behavioural tenets of some individuals, who either violate human rights either due to ignorance or bad fate. Human Rights violations occur when “actions by state or non-state actors abuse, ignore, or deny basic human rights laid out in the Universal Declaration of Human Rights (UDHR) This includes civil, political, cultural, social, and economic rights.” [82] The following paragraphs outline provisions violating human rights in Cameroon.

Law No. 2014/28 of 23 December 2014 of the suppression of Acts of Terrorism

On 23 December 2014, an anti-terror law, Law n° 2014/028, was promulgated.  Amnesty International’s analysis of the law indicates that it restricts basic rights protected in Cameroon’s Constitution and international human rights law.[83] as it is used in repelling peaceful manifestations under the pretext of causing insurrections. The articles of this law initially condemn acts which endanger human life, acts of mass intimidation, disruption of public services, insurrection, illegal supply or use of chemical weapons, illegal use or supply artillery and kidnappings [84] but on several counts it has applied to apprehend members of civil society for exercising their civil rights. [85] According to the US State of Department’s 2019 Cameroon country report on terrorism, “Cameroon continued to use the anti-terrorism law enacted in 2014 to suppress criticism and freedom of expression by arresting journalists and activists in connection with the ongoing crisis in the Anglophone regions.” [86]

Restrictions of “Locus Standi” by the Constitutional Council

The Cameroon Constitution of 1996 with amendment through 2008 limits the seizure of the Constitutional Council to the “President of the Republic, the presidents of the two parliamentary chambers, 1/3 of the members of each of the Houses (60 and 34 members respectively for the National Assembly and the Senate) and the presidents of the regional executives when the interests of their regions are at stake.”[87] This implies that the common man cannot bring matters before this institution when his constitutional human rights are abused, this is a major challenge to human rights protection. On July 16^, 2018, Global Cameroon seized the Constitutional Council against the Ministry of Post and Telecommunication and the State of Cameroon for depriving denizens of the Northwest and Southwest Region of their fundamental right of freedom of expression by halting internet connections in both regions. This petition was dismissed by the Constitutional Council for lack of locus standi (Global Cameroon was deemed unqualified to bring matters before the Council).[88]

The notion of separation of powers: compromise on the power of the judiciary by the executive

The Constitution of Cameroon compromises judicial independence in article 37 (3) by stating that “The President of the Republic shall guarantee the independence of judicial power. He shall appoint members of the bench and of the legal department.” [89] This implies that the President of the Republic can equally dismiss members of the judicial core as he deems, [90] this is a contradictory as the same document makes provision for an independent judiciary in article 37 (2) by saying that “Judicial power shall be exercised by the Supreme Court, Courts of Appeal and Tribunals. The Judicial Power shall be independent of the executive and legislative powers.” This dependency on the executive weakens the strength of the judiciary to objectively adjudicate on human rights violations.

Vague nature of human rights provisions in the preamble of the constitution

Human rights provisions in the preamble of the constitution do not categorically outline the sanctions for violation like the penal code. As such, it does not compel citizens to respect them and also fails, in some provision, to outline the state’s obligation to ensure these human rights, for example, preamble 15 says that “freedom of religion and worship shall be guaranteed”, by who? [91]

Flaws in the electoral code

The electoral code of Cameroon in sections 116 (3), 86, and 87,[92] makes provision for the holding of presidential elections via a single round, a convening of the electorate by the president of the republic and granting of 15 days for electoral campaigns. These provisions have been criticised by civil society organisations such as Socialist International [93] (especially 86 & 87), for not ensuring a level playing field to mostly members opposition by arguing that 15 days is insufficient to cover the national territory for electoral campaigns. This is seen as an impediment to efficient participation in public affairs, thus violating article 21 of the Universal Declaration of Human Rights. The Nigerian constitution empowers its Independent National Electoral Commission (INEC) with the ability to convene the electorate, ^[94] some scholars are of the opinion that Cameroon should emulate this principle as they consider elections to be within Elections Cameroon (ELECAM) jurisdiction and should not be influenced directly by the president.

Lack of a will to respect human rights

Some state institutions and personnel have on countless times outrightly violated human rights through depriving citizens of basic facilities,[95] unlawful arrests.[96] and torture. [97] This demonstration of bad fate by keeps compromising provisions laid by national laws and illustrates a pervasive lack of will among state personnel in Cameroon to respect human rights, sometimes characterized by complicity in violence against journalists.[98]

Questionable autonomy of the Cameroon Human Rights Commission

Human Rights Institutions like the Cameroon Human Rights Commission, created in 1990, fall short due to their inability to prosecute human rights violators. Their role is limited to an advisory and watchdog capacity, also, the President of the Republic appoints the Members, and the amount of the monthly remuneration of the Chairperson, Vice-Chairperson, Commissioners, and Permanent Secretary, as well as the nature of their benefits, are determined by decree of the President of the Republic.[99] As such, they are obliged to toe a pro government line as failure to do so might warrant a dismissal. This is a serious impediment to the protection of human rights in Cameroon, especially in cases where violations are committed by the executive arm of government.

RECOMMENDATIONS

To enhance human rights protections in Cameroon, several recommendations can be made such as;

-amendments to clarify vague provisions in the Constitution’s preamble regarding human rights as this would provide clearer guidelines for interpretation and enforcement;

-the anti-terrorism law should be revised to prevent misuse against political opponents and activists;

-additionally, locus standi restrictions should be lifted to allow greater access to justice for individuals seeking redress for human rights violations;

-a comprehensive review of the Electoral Code is also necessary to ensure transparency and fairness in elections.

-Human rights violators should be severely punished without fear of favour and in accordance with the regulations in force in a bid to lure vectors of bad fate to toe the line. This will equally go a long in curbing impunity widely observed in the country.

By implementing these recommendations, Cameroon can move towards a more robust framework for protecting human rights that aligns with both its constitutional commitments and international obligations.

CONLUSION

In examining the legal instruments that protect human rights in Cameroon, it is evident that while there are several frameworks in place, including the preamble of the Constitution, the Penal Code, the Criminal Procedure Code, the Electoral Code, and various laws concerning freedom of press, association, consumer protection and cybercrime, significant challenges remain. The African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, the Covenant on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination Against Women and others examined above also provide an international legal framework that Cameroon is obliged to adhere to. However, these protections are often undermined by laws such as the anti-terrorism law, which can be used to suppress dissent; locus standi protocols in seizing the Constitutional Council that limit access to justice; a flawed Electoral Code that hampers fair electoral processes, vague provisions in the Constitution’s preamble regarding human rights, concerns over the Human Rights Commission’s effectiveness in advocating for human rights and a judiciary that is unable to objectively adjudicate on human rights issues due to its dependence on the executive. Cameroon’s ratification of treaties signifies a commitment to uphold human rights standards. Nonetheless, domestic laws frequently conflict with these international obligations due to poor implementation and lack of political will.

REFERENCES

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22. Law N° 2010/012 Of 21 December 2010 Relating to Cybersecurity and Cybercriminality in Cameroon, https://cyrilla.org/pt/entity/oem17trmwp?page=1
23. Law No 2005 of 27 July 2005 on the Criminal Procedure Code, https://sherloc.unodc.org/cld/uploads/res/document/criminal-procedre-code_html/Cameroon_Criminalpdf
24. Law No 2016/007 of July 12 2016 relating to the Penal Code
25. Law No. 2011/012 of May 6 ,2011 on Consumer Protection in Cameroon, https://cyrilla.org/en/entity/bj10mc4fod?file=1717397208038htm8zoqgt2t.pdf&page=1
26. LII Legal Information Institute, “Penal”, Cornell University, https://www.law.cornell.edu/wex/penal
27. Kamto, « Dynamique constitutionnelle du Cameroun indépendant… », Revue juridique africaine, Puf, 1995, p. II.
28. Maegan Nation. “Locke’s Social Contract: Is It Legitimate?”. CLA Journal 7 (2019) pp. 85-95, https://uca.edu/cahss/files/2020/07/Nation-CLA-2019.pdf
29. Mangu AMB, ‘‘The changing Human Rights Landscape in Africa: Organization of African Unity, African Union, New Partnership for Africa’s Development and the African Court’’ 2005 Netherlands Quarterly of Human Rights pp 379 381.
30. Ndille Ndille Njume, Pefela Gildas Nyugha, “An Overview of Human Rights Protection and Promotion in Cameroon by Key Institutions.” International Journal for Research and Innovation in Social Sciences (February 2025)
31. Nico Halle, “Mass Media in Cameroon”, Nico Halle & Co Law Firm (December 2020), https://www.hallelaw.com/mass-media-in-cameroon/
32. Nymanjoh, Francis B, “Mass media and democratisation in Cameroon in the early 1990s”. Research Gate (January 2011), available online at https://www.researchgate.net/publication/297699828_Mass_media_and_democratisation_in_Cameroon_in_the_early_1990s
33. Philippine Commission on Women, “What is CEDAW”, https://pcw.gov.ph/convention-on-the-elimination-of-all-forms-of-discrimination/#:~:text=The%20CEDAW%20is%20the%20only,the%20 nationality%20of%20their%20children
34. Presidency of the Republic. “Décret N°2021/110 du 19 février 2021 portant nomination des Membres de la Commission des Droits de l’Homme du Cameroun”. https://www.prc.cm/fr/actualites/actes/decrets/4937-decret-n-2021-110-du-19-fevrier-2021-portant-nomination-des-membres-de-la-commission-des-droits-de-l-homme-du-cameroun
35. Pritha Bhandari, ‘’What Is Qualitative Research?  Methods & Examples”. Scribbr (June 19, 2020), available online at https://www.scribbr.com/methodology/qualitative-research/
36. Relief Web, “Cameroon: Access to justice for children” (July 2015), https://reliefweb.int/report/cameroon/cameroon-access-justice-children#:~:text=Cameroon%20signed%20the%20CRC%20on,it%20on%2011%20January%201993.
37. Right to Education Initiative, “International Covenant on Economic, Social and Cultural Rights”, https://www.right-to-education.org/fr/resource/international-covenant-economic-social-and-cultural-rights
38. Satoshi Sasaki,” Opening remarks at the event marking International Human Rights Day in New Delhi”, International Labour Organisation (December 2023), https://www.ilo.org/resource/statement/human-rights-are-labour-rights-it-our-duty-protect-and-support-them-if-we
39. Save the Children, “What is the UNCRC?” https://www.savethechildren.org.uk/what-we-do/childrens-rights/united-nations-convention-of-the-rights-of-the-child
40. Section 2 (1) of Law No. 2012/001 of 19 April 2012 relating to the Electoral Code of Cameroon
41. Section 2 (1) of Law No. 92/007 of 14 August relating to the Labour Code of Cameroon, http://images.policy.mofcom.gov.cn/flaw/201005/1817d96b-8243-4b9f-b146-8fb546448fe2.pdf
42. Section 2 (2) of Law No. 92/007 of 14 August relating to the Labour Code of Cameroon, http://images.policy.mofcom.gov.cn/flaw/201005/1817d96b-8243-4b9f-b146-8fb546448fe2.pdf
43. Section 2 (3) of Law No. 92/007 of 14 August relating to the Labour Code of Cameroon, http://images.policy.mofcom.gov.cn/flaw/201005/1817d96b-8243-4b9f-b146-8fb546448fe2.pdf
44. See a copy of the International Covenant on Economic, Social, and Cultural Rights of 1966, https://treaties.un.org/doc/treaties/1976/01/19760103%2009-57%20pm/ch_iv_03.pdf
45. See article 21 of the Universal Declaration of Human Rights
46. See article 25 of the universal declaration of human rights
47. See Article 37 (3) of the 1996 Constitution with amendment through 2008, https://www.constituteproject.org/constitution/Cameroon_2008
48. See article 45 of the 1996 Constitution with amendment through 2008, https://www.constituteproject.org/constitution/Cameroon_2008
49. See article 47 (2) of the 1996 constitution with amendments through 2008, https://www.constituteproject.org/constitution/Cameroon_2008
50. See Article 65 of the 1996 Constitution with amendment through 2008
51. See Law 90/53 of December 1990 with amendment through 2021 relating to freedom of association
52. See preamble 15 of the 1996 Constitution with amendment through 2008,
53. See the annual report of the constitutional council for the year 2018, page 31, https://constitutional-council.com/publication/#
54. See universal declaration of human rights, https://www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/
55. Socialist International, ‘’Cameroon: electoral code does not address democratic concerns’’ (may 2012), https://www.socialistinternational.org/news/press-releases/cameroon-electoral-code-does-not-address-democratic-concerns-1013/
56. Status of Human Rights in Cameroon for the 44th Session of the Universal Periodic Review, European Centre for Law and Justice (ECLJ), https://upr-info.org/sites/default/files/country-document/2023-11/ECLJ_UPR44_CMR_E_Main.pdf
57. The Election Commission of Nepal, “ELECTION CODE OF CONDUCT”, International IDEA (2015) https://www.idea.int/sites/default/files/tools/2015%20The%20Election%20Code%20of%20Conduct%2C%20First%20Amended%202016.pdf
58. O. Umuzurike. “Introduction to international Law”. Spectrum Law Publishing, Ibadan, 1995 p.141
59. UN Treaty Body Database, “Ratification Status for Cameroon”, OHCRH, https://tbinternet.ohchr.org/layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=30&Lang=EN
60. UN WOMEN (2016), “Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) for Youth”, https://www.unwomen.org/en/digital-library/publications/2016/12/cedaw-for-youth#:~:text=CEDAW%20is%20often%20described%20as,young%20woman%20and%20young%20man.
61. United Nations Human Rights Office of the High Commissioner, “what are human rights”, https://www.ohchr.org/en/what-are-human-rights
62. United Nations Treaty Collection, “ International Covenant on Economic, Social and Cultural Rights”, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&clang=_en
63. US State of Department, “Country Reports on Terrorism 2019: Cameroon”, https://www.state.gov/reports/country-reports-on-terrorism-2019/cameroon/#:~:text=Cameroon%20continued%20to%20use%20the,crisis%20in%20the%20Anglophone%20regions

FOOTNOTES

[1] U.O. Umuzurike. “Introduction to international Law”. Spectrum Law Publishing, Ibadan, 1995 p.141

[2] G Ezejiofor. “The Development of the Concept of Human Rights: Definition and Philosophical Foundation” in A. Obilade, C. Nwankwo and A. Tunde – Olowu (eds) Text for Human Rights Teaching in school. Constitutional Rights Project, Lagos, 1999, p.23

[3] Ibid p.1

[4] Azinge E, ‘‘Millstone Decision on Human Rights’’ in (ed) A U. Kalu & Y Osinbayo Perspective on Human Rights Vol 12 1992, p197.

[5] The Magna Carta 1215 in England, The French Declaration of 1789

[6] Human rights emerged as a subject of concern within the international law jurisdiction after the end of second war.

[7] Azinge E (n 4 above), p 200; Internationalization of human rights through modern treaties founded its origin in the United Nations

   Charter (See the Preamble and Article 1 (3) of the Charter), see also Umozurike OU “The African Charter on Human and Peoples’

   Rights” in 77 AJIL 1983, pp 902, 912.

[8] Azinge (n 4 above) p 200.

[9] For more examples, see M Killander ‘‘The African human rights systems and others regional system: A comparison’’

   in (ed) Viljoen F The African Human Rights System/ 5 Judiciary Watch Report (2006), p 177

[10] Mangu AMB ‘‘The changing Human Rights Landscape in Africa: Organization of African Unity, African Union, New Partnership for Africa’s Development and the African Court’’ 2005 Netherlands Quarterly of Human Rights pp 379 381.

[11] Ankumah E A, The African Commission on Human and Peoples’Rights (1996) p 4; the OAU Charter did not proclaim

   individual rights for African people.

[12] OAU Consitutive Act, Preamble Article 2.

[13] Universal Declaration of Human Rights, available online at https://www.un.org/en/about-us/universal-declaration-of-human-rights#:~:text=Drafted%20by%20representatives%20with%20different,all%20peoples%20and%20all%20nations.

[14] “Human rights are powerful tools that address the root causes of conflict”, Volker Türk, UN High Commissioner for Human Rights, available online at

https://www.ohchr.org/en/statements-and-speeches/2023/11/human-rights-are-powerful-tools-address-root-causes-conflict-turk

[15] United Nations Human Rights Office of the High Commissioner, “what are human rights”, https://www.ohchr.org/en/what-are-human-rights

[16] Jeremy Seth Greddert, “Hugo Grotius and the Modern Theology of Freedom: Transcending Natural Rights”. New York, Routledge, 2017, p.3.

[17] Ellen Frankel Paul, Fred D. Miller, Jr and Jeffrey Paul, “Natural Rights Liberalism from Lock to Nozick”. Cambridge University Press (06 July 2010), available online at https://www.cambridge.org/core/books/abs/natural-rights-liberalism-from-locke-to-nozick/introduction/611FB58FC3621A6875975FD1D3FB38BA

[18] Ibid.

[19] Andrew Heard. “Human Rights: Chimeras in Sheep’s Clothing?”. Simon Fraser University (1997), https://www.sfu.ca/~aheard/intro.html

[20] Jean Jacques Rousseau. “The Social Contract (1762)”, available at http://www.constitution.org/jjr/socon.htm; http://www.iep.utm.edu/soc-cont/, Internet Encyclopaedia of Philosophy

[21] Maegan Nation. “Locke’s Social Contract: Is It Legitimate?”. CLA Journal 7 (2019) pp. 85-95, https://uca.edu/cahss/files/2020/07/Nation-CLA-2019.pdf

[22] BC Open Text Books, “Ethical Systems”, https://opentextbc.ca/ethicsinlawenforcement/chapter/social-contract-theory/#:~:text=For%20Hobbes%2C%20the%20solution%20is,for%20everyone%2C%20even%20the%20weakest.

[23]  Jacob Abiodun Dada, “Impediments to Human Rights Protection in Nigeria”. Annual Survey of International and Comparative Law (2012), volume 18| issue 1, available online at: https://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1158&context=annlsurvey

[24] AYUK NKWA PASCAL, “The Legal Framework for the Protection of Liberty in Cameroon”. SSRN (13 May 2022), available online at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4092700

[25] Benjamin Mekinde Tonga, “The state of Human Rights Protection in Cameroon; Prospects and Challenges”. Research Gate (April 2021), available online at https://www.researchgate.net/publication/351097872_The_state_of_Human_Rights_Protection_in_Cameroon_Prospects_and_Challenges

[26] Ndille Ndille Njume, Pefela Gildas Nyugha, “An Overview of Human Rights Protection and Promotion in Cameroon by Key Institutions.” International Journal for Research and Innovation in Social Sciences (February 2025)

[27] Pritha Bhandari, ‘’What Is Qualitative Research? | Methods & Examples”. Scribbr (June 19, 2020), available online at https://www.scribbr.com/methodology/qualitative-research/

[28] Aishwarya Agrawal, “Doctrinal and Non-Doctrinal Legal Research”. LawBhoomi (November 16, 2024), available online at https://lawbhoomi.com/doctrinal-and-non-doctrinal-legal-research/

[29] M. Kamto, « Dynamique constitutionnelle du Cameroun indépendant… », Revue juridique africaine, Puf, 1995, p. II.

[30] D. Olinga « L’aménagement des droits et libertés dans la constitution camerounaise révisée », RUDH, 1996, pp. 166-s.

[31] Article 65 makes the preamble part and parcel of the Constitution

[32] See section 15 of the preamble of the 1996 constitution with amendment through 2008

[33] See Article 65 of the 1996 Constitution with amendment through 2008

[34] Law No 2016/007 of July 12 2016 relating to the Penal Code

[35] Community Centre for Integrated Development, Female Genital mutilation in Cameroon 13

(2021), https://comuceid.org/wp-content/uploads/2021/05/FGM.pdf.

[36] Status of Human Rights in Cameroon for the 44th Session of the Universal Periodic Review, European Centre for Law and Justice (ECLJ), https://upr-info.org/sites/default/files/country-document/2023-11/ECLJ_UPR44_CMR_E_Main.pdf

[37] Ibid.

[38] Ibid.

[39] Jude Njikem, “Imagining A Future Free of Child Marriage in Cameroon”, ICRW (Oct. 28, 2016), https://www.icrw.org/what-will-a-future-free-of-child-marriage-look-like-for-girls-incameroon/#:~: text=The%20new%20Penal%20Code%2C%20under,1%2C000%2C000%20(USD%20%2445%2 D%241%2C700).

[40] See universal declaration of human rights, https://www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/

[41] , ‘’Criminal Code and Criminal Procedure Code: interpretation of basic concepts”. Dostupny Advokat (August 2024), available online at https://dostupnyadvokat.cz/en/blog/criminal-code-and-criminal-procedure-code

[42] Law No 2005 of 27 July 2005 on the Criminal Procedure Code, available online at https://sherloc.unodc.org/cld/uploads/res/document/criminal-procedre-code_html/Cameroon_Criminal_Procedure_Code_2005.pdf

[43] Ibid.

[44] Ibid.

[45] European Commission, “Labour Law”, https://employment-social-affairs.ec.europa.eu/policies-and-activities/rights-work/labour-law_en

[46] Section 2 (1) of Law No. 92/007 of 14 August relating to the Labour Code of Cameroon, available online at http://images.policy.mofcom.gov.cn/flaw/201005/1817d96b-8243-4b9f-b146-8fb546448fe2.pdf

[47] Section 2 (3) of Law No. 92/007 of 14 August relating to the Labour Code of Cameroon, available online at http://images.policy.mofcom.gov.cn/flaw/201005/1817d96b-8243-4b9f-b146-8fb546448fe2.pdf

[48] Section 2 (2) of Law No. 92/007 of 14 August relating to the Labour Code of Cameroon, http://images.policy.mofcom.gov.cn/flaw/201005/1817d96b-8243-4b9f-b146-8fb546448fe2.pdf

[49] Satoshi Sasaki,” Opening remarks at the event marking International Human Rights Day in New Delhi”, International Labour Organisation (December 2023), https://www.ilo.org/resource/statement/human-rights-are-labour-rights-it-our-duty-protect-and-support-them-if-we

[50] The Election Commission of Nepal, “ELECTION CODE OF CONDUCT”. International IDEA (2015), available online at https://www.idea.int/sites/default/files/tools/2015%20The%20Election%20Code%20of%20Conduct%2C%20First%20Amended%202016.pdf

[51] Section 2 (1) of Law No. 2012/001 of 19 April 2012 relating to the Electoral Code of Cameroon

[52] See article 21 of the Universal Declaration of Human Rights

[53] See Law 90/53 of December 1990 with amendment through 2021 relating to freedom of association

[54] Nico Halle, “Mass Media in Cameroon”. Nico Halle & Co Law Firm (December 2020), available online at https://www.hallelaw.com/mass-media-in-cameroon/

[55] Nymanjoh, Francis B, “Mass media and democratisation in Cameroon in the early 1990s”. Research Gate (January 2011), available online at https://www.researchgate.net/publication/297699828_Mass_media_and_democratisation_in_Cameroon_in_the_early_1990s

[56] See Law No. 2011/012 of May 6 ,2011 on Consumer Protection in Cameroon, available online at https://cyrilla.org/en/entity/bj10mc4fod?file=1717397208038htm8zoqgt2t.pdf&page=1

[57] See article 25 of the universal declaration of human rights

[58] See Law N° 2010/012 Of 21 December 2010 Relating to Cybersecurity and Cybercriminality in Cameroon, available online at https://cyrilla.org/pt/entity/oem17trmwp?page=1

[59] See article 45 of the 1996 Constitution with amendment through 2008, https://www.constituteproject.org/constitution/Cameroon_2008

[60] Consideration of Reports submitted by States Parties under the Terms of Article 62 of the African Charter on Human and Peoples’ Rights, Concluding Observations and Recommendations on the Second Periodic Report of the Republic of Cameroon, available online at    https://achpr.au.int/sites/default/files/files/2022-09/achpr47concstaterep2cameroon2010eng.pdf

[61] See African Charter on Human and People’s Rights, available online at https://au.int/sites/default/files/treaties/36390-treaty-0011_-_african_charter_on_human_and_peoples_rights_e.pdf

[62] Maputo Protocol on The Rights of Women in Africa: Commemorating 20 Years, available online at https://au.int/en/newsevents/20230705/maputo-protocol-20-years#:~:text=The%20Protocol%20guarantees%20extensive%20rights,female%20genital%20mutilation%2C%20among%20others.

[63] Overview Of the African Charter on The Rights and Welfare of The Child, available online at https://www.acerwc.africa/en/page/about-the-charter#:~:text=Of%20The%20Child-,The%20African%20Charter%20on%20the%20Rights%20and%20Welfare%20of%20the,importance%20to%20children%20in%20Africa.

[64] List of countries which have SIGNED, RATIFIED/ACCEDED to the AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD, https://www.acerwc.africa/en/member-states/ratifications

[65] UDHR Booklet, https://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf

[66] Thomas Brown, “Universal Declaration of Human Rights: Promoting the declaration’s principles 75 years on”. House of Lords Library (07 December 2023), available online at https://lordslibrary.parliament.uk/universal-declaration-of-human-rights-promoting-the-declarations-principles-75-years-on/#:~:text=The%20Universal%20Declaration%20of%20Human,modern%20international%20human%20rights%20system.

[67] National report submitted in accordance with paragraph 15(a) of the annex to Human Rights Council resolution 5/1 – Cameroon. HUMAN RIGHTS COUNCIL Working Group on the Universal Periodic Review Fourth session Geneva, 2-13 February 2009, published online by RefWorld (11 December 2008), available at https://www.refworld.org/reference/statepartiesrep/unhrc/2008/en/62662

[68] Culled from an unofficial summary developed by COMPASS, available online at https://www.coe.int/en/web/compass/the-international-covenant-on-civil-and-political-rights#:~:text=This%20Covenant%20was%20adopted%20by,Universal%20Declaration%20of%20Human%20Rights.

[69] American Civil Liberties Union, “What is the ICCPR?” (July 2013), https://www.aclu.org/documents/faq-covenant-civil-political-rights-iccpr#:~:text=The%20ICCPR%20obligates%20countries%20that,treatment%2C%20and%20arbitrary%20detention%3B%20gender

[70] UN Treaty Body Database, “Ratification Status for Cameroon”, OHCRH, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=30&Lang=EN

[71] Right to Education Initiative, “International Covenant on Economic, Social and Cultural Rights”, https://www.right-to-education.org/fr/resource/international-covenant-economic-social-and-cultural-rights

[72] See a copy of the International Covenant on Economic, Social, and Cultural Rights of 1966, https://treaties.un.org/doc/treaties/1976/01/19760103%2009-57%20pm/ch_iv_03.pdf

[73] United Nations Treaty Collection, “3. International Covenant on Economic, Social and Cultural Rights”, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&clang=_en

[74] Save the Children, “What is the UNCRC?” https://www.savethechildren.org.uk/what-we-do/childrens-rights/united-nations-convention-of-the-rights-of-the-child

[75] Culled from the Council of Europe’s website in an article titled “Convention on the Rights of the Child”, available online at https://www.coe.int/en/web/compass/convention-on-the-rights-of-the-child#:~:text=The%20Convention%20outlines%20in%2041,the%20age%20of%20eighteen%20years.&text=Definition%20of%20child%20as%20%E2%80%9Cevery,attained%20at%20an%20earlier%20age.

[76] Online article “Cameroon: Access to justice for children”. Relief Web (July 2015), available online at https://reliefweb.int/report/cameroon/cameroon-access-justice-children#:~:text=Cameroon%20signed%20the%20CRC%20on,it%20on%2011%20January%201993.

[77] UN WOMEN (2016), “Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) for Youth”, https://www.unwomen.org/en/digital-library/publications/2016/12/cedaw-for-youth#:~:text=CEDAW%20is%20often%20described%20as,young%20woman%20and%20young%20man.

[78] Philippine Commission on Women, “What is CEDAW”, https://pcw.gov.ph/convention-on-the-elimination-of-all-forms-of-discrimination/#:~:text=The%20CEDAW%20is%20the%20only,the%20nationality%20of%20their%20children.

[79] See the report from the Committee on the Elimination of Discrimination Against Women’s 57th Session which ran from 10 February – 28 February, https://www.theadvocatesforhumanrights.org/Res/cameroon_cedaw_vaw_february_2014%202.pdf

[80] Hans Danelius,” Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment New York, 10 December 1984”, Audiovisual Library of International Law (June 2008), https://legal.un.org/avl/ha/catcidtp/catcidtp.html

[81] United Nations Treaty Collection, “9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&clang=_en

[82] Palestine Children Relief Fund, “Human Rights Violations in Conflict Zones: What Can Be Done?”, https://www.pcrf.net/information-you-should-know/item-1718652928.html#:~:text=According%20to%20the%20United%20Nations,%2C%20social%2C%20and%20economic%20rights.

[83] Amnesty International’s report on widespread human rights violations in Cameroon, available online at https://www.amnesty.org/en/wp-content/uploads/2023/06/AFR1777032017ENGLISH.pdf

[84] Loi 2014/028 portant répression des actes de terrorisme, https://www.assnat.cm/gestionLoisLegislatures/libraries/files_upload/uploads/Lois/2014-028fr.pdf

[85] Kah Walla, the President of the opposition Cameroon People’s Party, was arbitrarily arrested on several occasions. On 8 April 2016, while peacefully protesting against the government, she and 11 members of her party were arrested at the Judicial Police station in Yaoundé, charged with “insurrection and rebellion against the State”, but released shortly afterwards, https://www.amnesty.org/en/wp-content/uploads/2023/06/AFR1777032017ENGLISH.pdf

[86] US State of Department’s 2019 CameroonCountry Reports on Terrorism, available online at https://www.state.gov/reports/country-reports-on-terrorism-2019/cameroon/#:~:text=Cameroon%20continued%20to%20use%20the,crisis%20in%20the%20Anglophone%20regions.

[87] See article 47 (2) of the 1996 constitution with amendments through 2008, https://www.constituteproject.org/constitution/Cameroon_2008

[88] See the annual report of the constitutional council for the year 2018, page 31, https://constitutional-council.com/publication/#

[89] See Article 37 (3) of the 1996 Constitution with amendment through 2008https://www.constituteproject.org/constitution/Cameroon_2008

[90] Alain Tabot-Tanyi, “Martinez Zogo Affair: Dismissal of two judges has opened up debates about poor delivery of justice”. Cameroon Concord News (December 2023), https://www.cameroonconcordnews.com/martinez-zogo-affair-dismissal-of-two-judges-has-opened-up-debates-about-poor-delivery-of-justice/

[91] See preamble 15 of the the 1996 Constitution with amendment through 2008,

[92] See sections 86, 87 and 116 of the electoral code

[93] Socialist International, ‘’Cameroon: electoral code does not address democratic concerns’’ (may 2012), https://www.socialistinternational.org/news/press-releases/cameroon-electoral-code-does-not-address-democratic-concerns-1013/

[94] Section 15, Part 1 of the Third Schedule of the 1999 Constitution (As Amended) and Section 2 of the Electoral Act 2010 (As Amended) https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

[95] During the protests in the Anglophone regions, phone and internet services were cut in those regions between January and April 2017. No official explanation was ever provided for the cuts.

[96] Opposition party leader Aboubakary Siddiki and Abdoulaye Harissou, a well-known notary, had been detained since August 2014 following accusations, without credible evidence, of being involved in a conspiracy to destabilise the country. The Yaoundé military court sentenced Siddiki to 25 years on charges which included hostility against the homeland, revolution and contempt of the President. Harissou was sentenced to three years and subsequently released having already served this sentence. Their trial was marred by irregularities, including witnesses refusing to testify because of intimidation, and information extracted under torture admitted as evidence and the military prosecutor refusing to disclose relevant documents to the defence lawyers ahead of the hearings. During their initial period of detention, the two men had also been held incommunicado for over 40 days in an illegal facility run by the General Directorate of External Relations and subjected to torture.

[97] Affaire Longue Longue : l’histoire derrière la vidéo qui choque le Cameroun, https://www.bbc.com/afrique/articles/c93q50pw9yqo

[98] See the statement by Front Line Defenders on the killing of human rights activist and journalist Martinez Zogo, available online at https://www.frontlinedefenders.org/en/statement-report/statement-cameroon-killing-human-rights-defender-and-journalist-martinez-zogo

[99] Presidency of the Republic. “Décret N°2021/110 du 19 février 2021 portant nomination des Membres de la Commission des Droits de l’Homme du Cameroun”. https://www.prc.cm/fr/actualites/actes/decrets/4937-decret-n-2021-110-du-19-fevrier-2021-portant-nomination-des-membres-de-la-commission-des-droits-de-l-homme-du-cameroun