.

' r:t''i]preil.i'r;:i
:

tl

rtll

C)ETTT

r r = I cA- I-

I CJl.,f

1'lrls Essay),

ls ls

to t.lre

cer-tlFy r:r'igln.rl

t:lrat

the

Rer:earch

ProJect ,llJLltJB

(l-ong CllEt

wr:r'l< of

fo'l 9lgrrecJ_

lqg? JUN

S lgn*rd..-__._-_._. p I r:cr t!.

1v

A Cl< t\clL{r._

E D(3E

lvlE t\

-r

My eincere supervlsor in

gratltude Mike thie

and thankE goe6 for hls work. patience

to my and sacrifice and advice work on

Mr. Yanou

readt ng throtrgh faci t itated

His gui dence of thls

,immensely schedule.
My Mbuton relied

the completion

thanks for givi ng

alEo

goe6

to

Lawyer hie

Harmony , Bobdga off ice (Hurcled) . I

me acceEis i nto and useful to

on his I'm also Sirrl the

materials greatly for

hints. my loving financial despite mother Mrs.

indebted her moral she

Margaret Also for

and made

assistance; her other

siacrifices

cornrnitrnents. My thanks t.rho ln work. I am partlcularly her time and to who grateful help rne to Ijang Yvette the who took far sorne Akah who his own also gctes to my dad, to Mr. the Awambeng Joseph success of thls

way contributed

up rnost of thts

gather

materials rne with go to Ndichia

proJect

also My

provi ded thanks

lnternatlonal

publlcations. Fomba the i r

also Ieiah

Evane Fansoh rMr. gave of up rnost of work. must

Ernmanuel and Mr. work to do the

p r e I i mi n a r y

readl ng

this I

commend coinlng

My this

Head topic.

of

Department

Dr,

Johnie and

Fondyam #or father

He offered i n the

very

vital

1y adv i se a i i

through

my stay

departrnent.

I brotherly

appreciate

My

brothere

and

sieter spurred me

for to

thelr do the

and eleterly courage

love whtch

work wlth

My frlende to make thte Flnally Joseph of M & the work. I am fully work.

who contrlbuted

tn onE wey or"

the oth6r

work e Euccesa I wleh thankg to the hts typiet Mr. Mbanda

C D O C U M E N T A T I Oo r fN

pattGrnce, ln typtng

responalble

for

eny lnadequaclee

ln

thlE

lr

J_.br:LB.rp-_p_!J_a*I*I_Cf..\t H r elTtf,R r cAL r?Fv I EW

The 1939

horrors

of

World

War I pi11 of to

and

II

of

tgL4

1918 and

1945 wagi a of this

bitter state the

swallow. It

Nobodv wants,'a was to to avoid the the that of The wlth Etatee but; it

repetitlon this United

affairs.

situation Natlons

that Charter

origlnal a

slgnatorles

took of can

"col lective of

rneaeiure #or peace... by so

prevention Internationel Justlce slqnatorlee an instrument

and removal dlsputes or to of other the

threats be

settled

prlnciplee "r

amlcable United Natlons

eettlements. Charter

came out Natlon

nor.nsr with the

3O Articles. are

had to

pledge

that

Declaration

basic,

had no legal It Natlons Unlted

blndtng.2 of the short comlngs and another and of the Un{ted the The Righte Natione to hear

wa6 becauee Declaratlon Nations

on Human Rights out on force with Clvi I of was

Freedoms draft. Pol 1tlcal The United aet up

that

came Convenant hae the

I nternatlonal (ICCPR) whlch Human Rtghts

Law. aleo

Eommlsslon Indlviduals the 1984 various

Iitigations a stgnatory tt

from to 1n the

and statee. when ehe of

Garneroon became Presldent was the requlred Blya to lnto the

conventlon of whlch

ratlfied lncorporate her

Articlee

convenant By signlng

Domestic

Laws and provide

remedles.

t
2,

A.N.T
Lrrli,,;

Mbu r.lrr-rr

Civil
rri I i..,,...

Dieobedience,
.-.+ ,

p.

Vi -TABLE OF CC]N'TEN-TS

PA6E

DEDICATION ACKNIII^fLEDGEMENT.., INTRODUCTION CHAPTERONE 1. I O T H E C O N C E P T F H U M A NR I 6 H T A N D F U N D A N E N T AF R E E D O I 4 E L T.2 1.3 1.4

Ii iV .1

...8

R T H E R E C E P T I O N F H U M A N I 6 H T 8 I N C A I " { E R O O N . .. . . I 2 O R T H E H U M A N I G H T S E I T U A T I O N I N C A T 4 E R O T ]r I . N P O L I T I C A L V I C T I T 4 I Z A T I O NI N C A I ' I E R I } O N . ...14 . . .18

CHAPTERTWO 2.t T H E R O L E O F H U M A NR I G H T S O R G A N I S A T I O NN C A N E R O O N . . . I CHAPTERTHREE 3.T} 3.1 3.2 R HUMAN IGHTSAND THE JUDICIARY T H E P R C I T E C T I OO F H U M A N I G H T S . . . N R A T L E 6 A L P R O t r E S S S A N I N E i T R U M E NI N T H E R E H A B I L I T A T I O NO F V I C T I T 4 SO F D O I , I E S T I C I O L E N C E . . 3 4 V 3.3 H U M A N I G H T SA N D J U D I C I A L I N D E P E N D E N C E R ...38 ...3O ...3O ...22

CHAPTERFOUR 4.0 4.6 4,7 POLICY REGOMMENDATIONS CONCLUSION APPENDIX BIBLIOGRAPHY REFERENCES ,. .4I ...45 ...4S ...4? ...41

-2 Internat,lonal ( ICCPR) i n covenant tq94, to but on civll Biya human in and Political a not Righte solemn only

Presi dent that

undertook rights are

engagement respected, A reveals unlts. llved

ensrure also of

promoted the 1s the

Eameroon. sl tuation and the the at present

revlew that

Cameroon

there

Anglophone had

Francophone colonial days of

The Anglophone through'a given the period

sectclr where

from

human rights

and the

rule

law were In the In

consideratlon. sector, the rrpression period the after concept pcwer not dominated both

Francophone period and

colonial the

Independence. of eventual

Anglophone made

sector, the

independsnce

colonial

particularly

I nterested
development Hence at and a given of

in
the

the
lerrItory was the

economic

and

i nfrastructural

there time,

no motivation people In the

for

represaion

Eince

rnust rnove into Francophone to

indepenclencg sectlon, the the

sovereignty. power di d not

colonlal which It thus

give

rnuch value Independence

trueteeship aovereignty.

prelviewed continued

eventual 1n the in

and of

lmplementation it'e adjoinlng 'La

it,e

pollcy

of

asslml lation cameroon and a pol lcy waEi

as appl ied was of

colonieE. outre mer,s ci tl zens were on and

looked

upon ai

France i nto

turnl

ng carneroonians Al t in the

French of

vigorously

appl ied. applled

rneaEurBs process of

torture

'Juetifiably' values.

re-education aEi the best

Those who

accepted

French

Valuee

-3 llved by them to could torture. and become Those French who and stood hence for a no longer reuntted

subjected Eameroonr through that the

elovErelgn brain the

Independent procegs

had to of

be re-educated of torture

washlng mind, the

any form

came into At

Independenc,, the asplratlons ln

French of

used

thts to

Eame systern chooee

to

negate own

cameroonians wlth the

thelr Natl.ons upon

government

conformlty

Untted

Trusteeship cameroonians but to

Mandate. a government their

The French of their and

havlng own

lmposed

had no alternative in order to

perpetrate their

lerror

represslon

eustain

reglme. foregoing of it ls evldent that in the eector French low.

From the of the

Republ lc

Cameroon

formerly

under

Admi nlstratlon, In the

human rlghts sector known up 196t

rE.nal ned comparatlvely under Brltish

Anglophone were period From The

Administration, throughout Mandate of wael

human rights the colonial

and falrly to wtth

respected the

1961 when the of

termlnated. Cameroons wi th human rlghts and reprEsstve Newspapers by selzure December of and t966;

unlficatlon Carneroon,

Bouthern fo.r

RepubI ic severely of the

respect

became

threatened French

by the

arbiLrary The

measures the

Admlnlstrator.

Anglophones

wEre completely Law No.b6/LF/18 coul d of of lzth ex iet

suppressed of 21st

deetruction No of under

under

Association the Mtnletry

wi thout

authorlzation Admlnistratlon

Territorial June 1967a

Law No.67lLF/79

-4 and " Eubyralon eetabllehed. and Laws Thts the of cauaed period mt I I tary of courte to be

was; a entlre John put

an engulfed

eilence

darkne6sl over

Carneroon Lerr ltory. Ngu Foncha up sorne 1966 his Union Cameroon. of human and of by r i ghts i n the forrner g.T. a dead later eiucceeded by ta th i E

The governrnent Auguet i ne I ncurs i on Ahidjo and the Ngom unt i I Jua

res I stance Former party

Septernber through

when

Pres i dent concept the

(Late)

forced

unltary (C.N.U)

Cameroon National system af ter, 1n Nest respect

replaced

multi-party There

Cameroon6 was gradually Mqna took nail wae ovGrr the placed of on

eroded

when honourable trlest Carneroon, the

governrnent It. Hence ceded lor to

1972 when United wa6

Federal of

Republic Cameroonl clbl l terated From that 18 years) in the

Cameroon

the

Republic

respect throughout date the up to word

human the unl ted

rights

cornpletely Earneroon. period irrelevant of

Republ i c of 1990 (ie a

and

lncluding

hurnan rights of

waei absolutely

admlnistration people silently, of bondage. Moumie

Camerclon.s to wai t for i n the thls Meseiah like the darknelss to take

Many grumbling them out Fel 1x

conti nued and

yearning

Camercton patriotE i n l94A Launched 1n

Urn Nyobe and first unlon backing al t Des of

Roland

ernbracing Populatlone

pol itical Du

rnovernent (UPC).

carneroon This had (RDA) the

Cameroon

La Rasamblement

Democratlque

Afrlcain

which

grouped

Asaha Florence pp.1-3. rights

H. R. D. G Proceduce

i n

Eolvi

nq

human

-5 together Houphet presl dent Populatione the greet was to had no East the West Afrlcan farmer Robert Francophone Preel dent Um, (uPc) parte rullng as of states Ivory The wlth Fellx aE Des

Boignye, and

Eoaet Unlon

Vlce. of

Du cameroon of ln all

pol lcy of

IndependElnce and caused way out whl ch ln

unlfication concern adopt

German Kameroun The onty babar t ty party of

French

circlee. the the

r e p r E E t sl v e r n e a e u r e s , However, led to ln the 1956,

bounds.

was banned

Cameroon that The next

'Margaut

uprlslng. then of cam Fru the Ndi

wa6 the the social

Yondo Black Democratlc

Affalr Front

launchlng (S. D. F) the I n

of

John

Bamenda on l"fay 26th, Democratic arder Front of

19g0, (gDF)

The launchi

ng .of by all in the In to took a

soclal

was preceeded May lggo banning

prefectoral

No.37/9a publ ic to the and

23rd and

manlfestationsr Bamenda contrary right vlolatlon confrontation away the The arrested cameroon righte. Decernber co.nrnleslon llves killing perg ons weel Thie 199o. of of

ral I les united

demonstratlons conventlon The No. s7l9o, mt I ttary that on

Natlons

assernbly of the of of

Assoctation. order and

launch led

prefectoral the elx of civl I ldns

tnnocent the for

citizenB.e slx civlllans, I nternational legtslatrons the I I berty to the torture concern on laws f i rst of of and human lgth .erver

cal led to

forced Eiaw the This

enact of

birlh qave

bi rth cal led

Human Rlghts

Natlondl

Commission

6., o'n Human Rlghte November 1990. and Freedoms The 1990 under Law No.go/ l4s9 gave of birth gth to

Liberty

Lawe also involve in

Non-Bovernmental . activities (HUROLED) 1?93 I also

organtsatlona Rlghts

Human

Rtghts center January h,a6

Hurnan under Law

cl lnic

and

Education of zoth

No.9o,/s3-al4/BcAB/ Righte Defence Bamenda. Declaration of te

The

Human in

6roup

(H. R. D.6)

lnitiated The united

1.995 in Nations

enehrlned

tn

the

preamble 65 of thig

of

the

t9,96 Gonsti tution

Carneroon and Artlcle preamble part of in the the

constitutlon which lf of means

has made the one can are

const,itution local . courts

bring infringed.

an actlon

one,s the of

rlghte

Some aspects

lg?O Laws arl! l?th Decernber t99o to repeal the Law

Law No.9o/4.6 on subversive The state

activlties; security court Law Ncl.9o-6o of lgth

Decernber 199O; Law governing 9Ol55 of 19th meetinge December of Law and 1?9O; and order Law No. ga/s4 of proce'Eions Law No.

Maintaihance 19th December

t99Ai parties Law No. 9o/s6 of tgth

Law of

politlcal

December 199O; Law and creatl ng the National Law Cornrnlseion on Hurnan Rights 14sg of gth N.vember

Freedome

N'.9o/

19 9 0 . e

7
6

Hurcled
A.N.T.

Constitution.
Mhr-r Mi I I r:lf ,Trrqlir-c nn.4/t1--41-/6

7 Besl dee Righte slgnatory The Rl ght, The Internatlonal Cultural Rtghtst Gharter on Hunan and people'e Rtghts; covenant on Economic, soclal .and and the united Natlons Freedoms, Declaratlon Carneroon le on Human

iundamental

equAl ly ,b

tol rnternatlonal trovenant on civtt and polltlcal

The Afrlcan

The conventlon Dlecrlml natlon The optlonel on Elvll

on the

Elimlnatlon

of

atl

forme

of

Agal net Women; to the Internatlonal and the ChiId. Eovenant

protocol

and polltlcal

Rtghts;

Ttie Conventton on the Rtght of

E'

oHAflrTEFt 1.r

ol\lE

L T H E C O N C E j ? T . O F U M A NR I G H J L f T N l ] F U N D A M E N T AF R E F D O M E H

Human rights Man is

ig in

are God glven born free

chain6.1

and therefore every where

natural he

but

Article rights holds

1 that:

of

the

Universal

Declaration

of

Human

This and

are born free and AI I hurnan bei ngs They are Bqual in dignity and right. endowed wi th reason and congcience in and should act towards one another pf brotherhood.2 a spirit that evrryone set forth is i n entitled the iexn to aI I the rights wi thout religlon,

rnEans f reedorn

Declaration languager

dlstlnction political or

of

racer

colour,

other

opinion. that very rnan is true of to born the the free z0th but everywhere he

The paradox 'ls ln chains to ls a

century,

and every

attempt secular despotism of the

seek

solutlon has

probllJn wi thi n a purely Total itarianisrn and parts

framework are world Burundhi, and new today

fai led.

rnore flrmly

entrenched

in

sorne

(especially Cameroon ) threats the to

sub-Saharan than they

African. ever

Nigeria, 1n the have

Zaire, past; emerged

wrre

hurnan freedorn clf

and dignity

f rorn

structure

r n o d e rn

techno I og l ca I

Jean

Jacque

Rousseau

(on social Vo1. I

contract) p. B, Eieptember

H. R. D.G Newsletter I 995.

N o . O O 4r

9Eoclety. the nrvetr whole The need to of reappralse human than the foundatlon rest today.s human rlghts artlcle 9, l94A ls a 1l) I t' s have 'the has on whlch

concept'

rtghtd tt ie of

therefore

been ,nore presslng The Unlversral

Declaratlon

verv aB

lmportant the on treaty the

treaty

(partlcularly obl i gated freedom,

1O and and

exp I a i ns lndivldual ln Nattonal of

sovere t gnty These artlclee to

impact

been engrafted freedome and

Leglelations indivlduals.

eafeguard

libertles

The ereveraI constltution franchlse, of

r i ghts

set

out

I n the the

preambl e of to a

the

Cameroon lnclude and

rlght whlch

family,

privacy

development

1n themeelves

arE

not

rlghts
cultural rights a

ln future.
and to Economlc pledges by

They
rights the

are both
whlch

pol ttlcai,
range from Havlng of 65) ln the our

soclal, absolute occupted

government. (preamble

prornlnent and they

positlon by clvll

constitution constltution, In of the

made enforceable are part of our of

Artlcle

ltbartlee; Declaratlon

rnemorable worde

the

Amerlcan

Independence

by Thomas Jefferson:

Ne hol d truths to be eelf these evl dent, created that al I rnen are equal, they are by their endowed lnallenable creator with certaln rights, that among these are I 1fe, liberty and the pursult of happlness. to rights That secure theee governments are I nsti tuted arnong rnEln, powerE der lvi ng thei r from Just consent of the ooverned. a

r,

t-

ti. ..7

-10 Human rights the structures are not glven upon

Thomas upon in which

by

thE government. governrnents

set forth

They are based and

which
Jefferson

are
a

juEtified, principle

fundamental are founded. those of hls

democratic ar

governmente created posseesee to by

Governrnents freedorns or her that

a democracy every lndividual

protect virtue

existence. to the lTth century rlghts and , philosophers, are neither them. not (John destroyed nor

According Locke,

Rousseau) , society can

I nal ienable is created;

when clviI government rights 19) r

soclety

rrrnove or freedom of of

'al ienate' speech and l?th before rights

Inal ienable (Article freedom and of the 7 of of they

lnclude freedom

and expregsion consclence, December l9?o; the extst Law

rel igion of

assembly right u.N of

Law No.9ols5 equal

protection Bince these be

(Article

charter). they the

independently away or are

government, subject The f irst exarnple, to the to

cannot

legislated of

rnomentary whlms the united of

an electoral Etates

majority. for prElEiE

arnendrnent to doe not people. give It

constitution or of from the

freedom prohibits

rel igion congress

the

passing

any Law lnterfering Hurnan abstract limitatlon is based rlghts super

with arts

them.s about the curtai It lment is of about the the It

and of

state power that cliqnity

power. corrupting rnen

absolute idea in

absolutely. rationar

on the eguai

aIl and

are

aspiring and fir-mly

creatures'

individuality

11 attached many to the may ldeals of Justlce this and compasslonl notlon whol ly though absurb,

people.

conEiider

rldlculous

and rhetorical Nations

nonsense.a posltion ls that the only denial of

The Untted human rights lndlvldual conditions vlolence Nations. of Human of and and

fundamental pE!rsonal

freedorns not tragedy but

constltutE creates

also

eocial

and political wl tht n and of the

unrest

sowing sbede of and

and conf I tct The flret rtghts dtgnlty the

betw'een socletles Untvergal for

sentence that the

the

Declaratlon Human rtghts Justlce

holds ls

respect of

and Human

foundation

freedom,

and peace ln

world.7 basic human rlghte, and of Unlted to the rtghte ls of to llfe, suprelne

Among the freedom of

speech, Article everyone

expresslon 3 of has the

press Nations

importance. holds has that

Declaration thts artlcle be On

a rlght timee

ltfe; in

but

been breached i n 199O, a

Eieveral The

Eameroon

aE can

I I lustrated Aprll sth

People a patrol Bafoussam He

V Louis ln

Emandlon. B Mr. by

durlng In

Bafoussam, was short

Plerre Pol ice the Mlft

Mbobda, Conetable

Lawyer Louis

Emandion.

was brought life

before

High Court rul ing on

and condemned to 17th the February vlolation

imprisonment Another 19 of

by a court case the which Unlted

1992. of Artlcle

illustratee

A.N.T Mbu "Introductlon pp.27-28, 'U.N. Conventlon l94B 'u\rolortree{ HCbl$2

to

Human

Righte

1n Afrlca,

? E

t2Nations
CeI6etin

Charter
Monoa.

is

the

C a m e r o o nc a s e
Niawe and Le

of The

Peopla

Pius

Messaoer.e

Here

these

two

journalistE of the of

were

charged of

for

contempt of the of

of

the

President

Republic, the Courts, High

members The found

National January of found

Aesembly and I9?2 af contempt gui lty Aasembly six flne months of of the of

judgement them not but of

Wouri

Court of the the

guilty were

President contempt on

Republic membere

the to

National

and of

the

Courts

and

Sentenced three

a suspended plus a

imprlsonment

suepended for

years,

3 . O O O . O O Of r s of

CFA each. freedom and of

They aIl speech

appealed. is the right that by the of

The corollary cltizens government 19th to

assemble thelr

peaceful ly under right be

demand Law to

hear

grievance Without this

No. 9Ol55 gather

December 1990. freedorn of

and be For this to

heard,

speech would epeech is gather,

devalued. closely

rGlason, freedom of the rlght to

considered protest and

linked

demand

change. time

Democratlc and place the

governments of pol itical out cannot prevent, the

can legitimaLely ral I ies in and

re,gulat,e the

marches to 19th to

maintain December Euppress their of law

peace asi spelt but or they to

Law No. 9O,/55 of authority

1990, protest voiceE

UEel this dlssldent pretext of

groupsr from making the maintainance

heard under

and order t.2 T H E * R E C E P T I O N O F H U f . l A NR r 6 H T 8 r N q A m E R q g N

Arrete No. PE ll /92 (unrepr,rrted) . L a w N o . 9 Q/ 5 4 o f 1 9 t h D e c e m L r e r 1 9 9 O .

13 The which peace if In Universal a.dopted the ln Declaration and appl led The states of stipulates may lead the to principles and

Justice is

worl d. member the

Declaration the United

rendered which

enforceable have ratifted

Nations

convention the

by signlng

en accompanylng on clvtl the Head and of the

instrument Polltlcal etate

called Rights

International Gameroon

covenant through thus Thi s

(ICCPR). this

ratified

conventlon

1n 1984

making

Declaratlon rneeng that aleo

part

of

Cameroon Law. must not only

rat i fl cat lon but

human rights

be respected

promoted. Generally 1n Cameroon. Human enshrlned The part in the rlghts and fundamental ln made by

freedoms It'e the virtue

are

country's lg96 of

constitutlon has

preamble. preamble of

January and parcel the

constttutlon the

constltutton

Artlcle the

65 of

constltution. Nattons Declaration, Rights May, there that is was the

Begides, the African and

United

charter adopted of Head

on Human and people'g on Bunday the of states signed then head 25th of

signed

1965 at

conference Ababa of part

and the of

6overnrnents at

Addis

where 32 states by the

charter. state

The slgnature made the charter

cameroon of The

Cameroon Law. conventlon on the on the Right of the chlld, and for in a World

declaratlon of the children Soth of

survival, at the l99o

protection world and summit adopted

development chlldren on

agreed

Eleptember

December t99o

L4been 6a lo Artlcl.
.A

has

made

part The against

of

Cameroon

Law of in

by aI I

vi rtue formE

of of

el lmlnation wornenadopted tq?4.

Discrimination
9n

1987 and ratified

by Eameroonian^23rd Becauge theee of

August

these of

ratlflcationE

and

adoptions PauI Biya the

of in

lnstrumenta

Human rlghta, had this to

prEiident 6ay about

rEommunal Liberalism' laws of 1?9O.

liberty

The individual freedoms necessary for Carneroonian wi 1l be specif ied in it protection and thei r rei nforced. They i nclude the Habeas Corpus, freedom of thought and expression. i nviolabi I i ty prlvacy of and the secrecy of correspondence, freedorn of consc I Elnce and worship, the secularlty of the etaLe, non racial or ethnic discrirnination etc.... freedom of associat ionn assembly, demonstrat I on, dist,ribution clf wrltten documents and the rights and freedorns of Trade Unlons.11 Despite alI these, carneroon has not This was evolved highlighted a reepectable by Harriet when held she ln

Hurnanright

standing.

IEorn (Amerlcan eaid in

Ambassador to speech to the

cameroon 1gg1-gs) for jurist t?96

a key note 9th

on seminar 12th of

Mbalrnayo on the

January

thus:

Too often, Cameroonlane have been aeked to settle for a dernocracy of srnoke and mirror, for words that do not correspond to reaIities.12

1.5

THF HUlvtAN RI6HT8gIrUATIptu*Itu cAt'tERuoN

1(f

Firet Paul

cal I for Biya

chi ldren,

Decernber 1?gO. 42. Juristst g*rz,

t1

" C o r n r n u n a lL i b e r a l i s m , , , p . rulr-.larmayo minar se fa,

L7,

tlarriet Januarv

Isorn 1?96.

15 What then Cameroon? questlon, In is an the present to human rlghte anBWer sltuatlon particular Cameroon ae of human ln

attempt avoid the

thte that

we cannot

conclusion geographlcal

an internationally communlty and of the 1s fraught

recognieed with

unit

uncertalnty, engendered lt's

born of

conflict, of

potentlal

confl lct rights all of

by wanton abusee

fundamental Virtually,

constltuent reporte the laet by

human members. both five Natlonal year6 at

human rlghte monttore 1n

and least, as

Internatlonal deplct

a degenerating of human

Cameroonian soctety di gnl ty and

aEi far is

the

respect

I ntegr I ty

concer ned It is not has lncorrect not Just a to to Bay been that halted of at our but a March has into been

clvi I lsation Savagely society belngs example Province 2t3 of

frustrated and then are the treated state of 27th

r^rith reversed

restoratlon the point than

prtmittve which human For West

sometimes worse

animals. the North

ernergency lmposed on of October 1992 under February vlolation reduced

on the

Decree No. gZ1998 world of human to bank and a

27Lh october demonstrate rlghts level hae which of are not

1992 and the that so is far the

report, economic poverty Tha

Cameroonians that of

tOOy,worsie Cameroon only the ls

than

1964.1s the

sltuatlon

worst elovernment

becauee but

perpetrators prlvate the

include and

personr

and even

human rlghts

organlsatlons

Judiclary.

Wor 1d Bank Report

on

Cameroon

DeonomY

t6During there have the period r i ots the in

of
i n

rnay

1??O to
parte West

Decernber l9?2,
of and Cameroon Litoral inctuding Econornlc of the the to

been i n and

6orne West, peaceful for of

(especial ly Provinces), ghost and

North others

proteet pol itical,

towns operatlons social change by Charter. No. and

cal I ing virtue The of

Art,icle

2O(1)

United cover

Nations of Law. Law and

eecurity 19 t h

Corps under Decernber the for 5, 19?O,

90/54 Order of

ma{ntaln torture Che the

instead unarmed of

caused citlzens; Articlee

ki I I ing, example

detention in

Ngwa Ghandhl Uni ted In Nat ion

violation

5 and ? of

chart,er. West Provlnce) ?2/OO3 of ZTLh and durlng zBth the state t?92 about the of and one

Bamenda (North Law

ernergency under Decree thousand No. card

No. of

October L9?2, of

92/213

October

bearers

senior wrre

rnembers and over ng

Social tn

Democratic sclveral terr i tory the in

Front and

(SDF) torture

arrested

detai ned the

cel Is t,o

charnbers al l f rom contestl elect ions 5 and

National of

scar, thern presi dential of The Article

the

resul te

October violation

and active the

mt I i tancy Natlons

2O of uged

United

charter. Admlnlstrative of Decree

Administrators police powers under of ?t,h

thei r

extensive 4

Article

3 paragraph to arrast

No. 7B/4AS

November

lgTA

innocent

cltizene. th i s state i n Chief a car of Justlce booth eJnergency, Nyo and the f ormer Buprerne arrested to and the

Dur i ng Court locked Judge up

Wakai was was

conveyed

17Gendarmerle High Court ion Leglon. together I atter of He was formally wtth bundled the 172 them tried others to by the but Yaounde for Mezam the Sor their act 5, 9t of 1O

adml nistrat queetlon releaeed the ln

vlolatlon

High Court

Order

passed by Justlce was 1n

Fombe Rlchard. vlolatlon Charter. Nvo of

Thls

admlnlstratlon of

Artlcles This

and t2

the Unlted the

Nations

famous casr

i I luetrates

above poi nt

Wakai and _ I 7? other ,,V

The People. la In referred First June to the Lq92 Andrd Yette and of 9enfo the the Tokam were of Sar the of

legal and

Department brought

Yaounde court trial court or

Inetance

before wtthout pursuant Yette

organislng obtentlon 1sth Eenfo

a publtc of prior

meetlng approval Andre found

a declaration to

Law No.9O-55

December 199O. Tokam six was

was discharged and sentenced Plus l99l . a

while #or a of

gui lty

suspended S O . O O O fr s This press

months

imprlsonrnent. of l0tti the July arrest

fine

CFA by judgement period also

witness

and detentlon by membere of by the

of the

men or

suspenEilon of Thls can

publication

Admlnlstration. casiesi: Cel.6sti {ar

be illustrated -P_i_us*[jary.p. presi dent,

followlng V_g

n Monqa. of

Meseaqe!" -a.fr_d_-Le rnembers of the News

The st*ate, Assembly Martln

contempt courti

National statg V6.

and the -

H S--adou ayaLou and -_Internatlonal

Waffo

Avata

Fotso

Hebdo on and on

_Defamation. Mi l. the -State'Vs 1e

h l a y - , . _P l ! . r s _B i s s e c k _ Tempsjrnd Malake

and Mrs.

Bisseck

on defamation

r4 HcB\ rs ctrrn\ae (U*pot\.d)

lEl judgement Instance suspendsd of they slx CFA. 2 November 19?O were found at Douala and Court of First to a of Court

gui lty

sentenced and a fine

months

imprisonrnentr Judgement

ZUOO.OO0fre upheld

On Appealr

on LowEr

on 5 March L992.tE December cltlzens thern 22nd out with of Ig94 thelr in Mamfe, houses whlpe out the at arrned gun far that soldlere polnt and

On ordered trounced criminals. in the

rnetal I ic rule

meant event 28-31, ln led

hardened occurred when Kumbo, death of

OnB cannot North instal

Nest Province lations were

(March attacked that

tqgT )

mi I itary

Jakiri, to the This ls

Oku, Mbengwi, 3 gendarme arrest Jua

Bamenda and Bafut officers of (son and 5 citlzens of Thls the was civl most

I ians. Etricking

provoked that of Article of West 3

wanton Paul l nus

forrner

Prirne Mi nister by

Cameroon) ; tt paragraph 4 of

faci I itated gth

Decree No.78,/485 of

November I97A.

1.4
1.4(t)

p_QLrIrcAL TCT..TMTZATJ0.CAMFRO9N IN.N V

NDIJ' .' BLAqK_SATURDAY-..*[N
On the 6th of Social take off June t99?, a schedulB Front of politlcal rally banned

at

Ndu

by the before

Democratic ln

(SDF) Nai Law No. and 21

shortly L9/ t2/90 20(1)

violation

9OlS5 of Artlcle of the and

governi ng rneeti ngs the United Covenant Nations

and procession charter, Article

of

International

and clvil

and polltical

Rlghts

1E

Human Rights Peter k i ns 17, pp. I l " l. &

i n Carneroon Nclvernber 1993, The Flera I ds No. 448

pp.230-231. Apr i I 16-

ttc,

Wednesclay

19Artlcle persons in the 11 of the African Charter. receipts Gendarrnes arrested and gun shots had already 6 arreeted threw SO

who'had air to

no tax

were flred gathered. persons stones met and lnto

disperse to

a crowd that Ndu with

An atternpt with the the The stiff

leave

resistance replied led

as the by to later

population

officrrel

shooting the that death

indiscriminately of three burnt

crowd that Ndu of

prsons. t7 down lady the

residents

evenlng and

housee to in

3 gendarrne

off tcers

a pol lce

marrled crowd

a gendarrne was stripped vlolatlon of Artlclee 6(1)

naked and beaten 5 and of the 12 af the

by

the

United

Natlone

charter on clvil

and Article and polltlcal wlndowe that in

Internatlonal The gendarmes ehops, the and

convenant responded an occupant

Rtghte. houses and Ndu of from

by broking of wae a car kllled

of

arrlved vlolation charter. of

South 3 and

Weet province 13(1) of the

Artlclee

United

Nattone

Relnforcement June 1992. About

gendarJner arrlved lOO The people were

Ndu on arrested

the

Bth

of

includlng to strip on the on

women and children. thelr ground ftre. underwear and they

detainees of to

were forced 12, their

1n vlolatlon were asked later

Article throw to forced

crawl

clothee

They were

subjected were

torture to

and sexual incest and

lntlmldatlon. far the

some people the

commit

amusement of

gendarmes. after

w o m e n "w e r e r a p e d Ueatings.

a pregnant

woman mlEcarried

severat

t?

Tangiri Anthony, Yangla Jsoeph, Publ ication on Ndu 1992) ,

Glory

Ngeh

(Hurcled

20In short, the 6th of June t992 caused and to as and loss the to weeks I tves,

fol lowi ng, property torture; Ndu.

gendarrnes 1n occupation and destruction, general value of physical

psychologlcal the people of

and The

incalculable destroyed

Ioss

propErty

weII

asi money fra CFA.1B

and property

looted of

l,e asEeesed at

157.852 .723 aIl a

The government 'LAYE' actlon the cultural against

Carneroon has blocked group of Ndu to bring under England. Ss.

avenues by the repreEientative 15 rule action 279, 12 af can 2BO,

the

perpetrators ruleE of under the

Order An

Eiuprerne Court

BuccesBively 281, 296, It clearly per air. if of the flre

be brought of

275,

278,

216 and 29t shoul d be

Carneroon pclnal code.le Law No.5CI/34 routlne t9/ t2/9O operation in as the

noted the use

that of

prohiblts as welI of the of

arms in of

S.3(1) S.4

as shooting

blank the

cartrldges use of

same Law requires law and order

a r r n E io n l y by uEie

forces armg.

have been attacked violated the

The gendarmee thus for the

unpopular threat crime as

Iaw No.90/54 nor was the

gendarmes h,ere not lnvolved law. liable for in

under

any

populatlon the

any organised

stipulated

by S.5 of

The government 8.6 of law Ncr.90/34

can be of

failing tor

to

evoke

t9/t2/9O on the

and also of have

vlolattng

International It appeare

treaties that

protection

Human rights. been us I ng

t,he

author I t les

Fiel d Assessrnent Team, t992,

Cameroon Pena 1

bV

Hurcled

Center

Investigation

Lq

CnrlE- l9,47

-81

admlnlstratlve provl de a government artlcle 18,

detentlon

orders legal i ty

in {or in

an abuelve the

faehlan

to of of

sernblance of critics 19

imprlsonment vlolation

(opponents) and 2o of the

gross

unlted

Natlons

charter. victlm of

Many political this Front stEte Nattonal arrest of obnoxloue (sDF) on of

partles

and leaders like

have fallen the eocial and also october

law No. 9o/g4 the 26th of of the

Democratic durlng lgg?. suffered the The the l'laroua Hamadou Mboua livlng since

May 1990, 28th of

emergency union #ar

Democracy and of thelr in

progress

hundreds

ml I I tants an attempt from holding

i n 1996 i n to prevent a rally. arGr

following

confrontatione Issa

Mustapha and Maseock. teEtimonlee 1990 Jean of

Tchiroma

Jacgue Ektndi, politlcal

gamuel

Eboua ln

victlmlzatlon

camEroon

-22-

CHAPTER

-TW(f

THE RQLE OF HUI'IAN OREANISATIONB EISMEROON IN -RIGHTE_ ,'THE CAEE OF THE HURSLEQ $ElrTEB BAMENDA'I

The (Hurcled)

human Bamenda

rights

clinic

and in non

Educatlon January

center an non 9Ol55 with a

waE establiehed partisan,

t??5 as

indepandent, governmental of

non

sectorian, under law No

human rights 1990. and

Organisatlon It lt's ls aim

19th Novernber mandate of To

basgd in is to

Bamenda

National

encourage culture wonke

the in i n

eetabllshment Cameroon. col laboration both National

a democratic achiave

and hurnan the and It

rights center

this,

with and

institutions international. at

other

organisations vulnerable

seeks by

indlviduale concientlel right

and

groups

grassroots, awareness

systematlcally

ng them

through

ca,npaign and civic

educatlon. To achieve these objectives, the center perforrna the

fol Iowi ng roles: Monltor, violations document and publ icissE human righte

i n Carneroon: ctvi I and hurnan to rights victlmE educationl of and

UndertakeE provide violation, clinical

counselling legal aid;

hurnan righte

such as on

ConEuIt protect i on;

human rights

education,

promotlon

and

Researclr ancl work

at

resolving

polrtical

and

ethnic

23conf I lcts i ndi v i dua I To rights whlch constitute a rnaJor source of violatlon of

a.nd group the

r I ghts i lnternational for communtty interventlon; rights human abuses rlghts of and tmproperly co.nrnlttee of covenant redreee V on and The human

lnform vloLatione

and eeeking cases courts of

Presenttng handle the clvll by local

human to the the ln

opttonal

protocol

of

International order to l obtaln Abel of

and polttical

rights the

BGrk cornpenBetlon for qovernment asked to regult perlod of of of

vlctlml

Mukonq

Cameroon.2 The speclal arrest,

government

Cameroon was aB a the

pay for illegal

and general torture to

damages caused from

and detention

1983-199O; and

lmprove on her

hurnan rlghte

recor ds. 2.2(O ' IHE R-qLE OF HURCLED AB A HUt'tAN RI6HT8

0RGANTBATTON. M.ONr RrGHlq IA8,!ASUM.SUI- ANp PUBL.TEHHUMAN VIOLATIONS.

Thts volunteer field to ls u s r u al l y of carr led the out wi th the aesistance go into of the

c:f$lcers get for the first this

organlsation lnformation lnvestlgatlon order to is a have fiel

who

hand fteld in

dn cases of ls to

abuses,

The reaeon ptcture {or of

have a true report .

event An

a balance d

processl ng. at the

example

I nvesttgation 1994, where tt

carried

Bamenda central that has the prlsoners to

prleon ere honour

in

was dlecovered the 1 z governrnent

malnurished her duty to

slnce pay

fal led

Flurcled Manifeeto II W l{unan Rights

199O, p. Comm

1. 19% }Iew york

24allowances to.prisoners of 27th Plarch L992.

l"lonitoring and also covers trained elections goeEi beyond cases of with center. the human rights aid of abuses election 2IsL t?96

as stipulated

by

Decree

No 92/32

elections by the

monitors councll in

The January rnonitored Batibo throw process exercise. the was i t

was therefore Mbengwi exercise the and

by the Councl ls. an on

center The spot the with be d

Mezam Dlvision, for thiE of or to s

reason

was to

the

observatton credibility the vlew

electoral of the

establ tsh This process is coul d i nto

otherwise recomrnendi ng Si nce

on how

arneliorated.

Carneroon 1n 199O,

launched has hel d

dernocratlsation contentlous personEi and The Natlonal

proceEis

highly by some

elections, organisations

that as

have been bei ng ta,r

adjudged

f rom credl ble (NDI) Report on

Democratic elections of

Institute 1992..

pr,sridential

The centre violations the with

al.eo procesEi the aid of of

case f l les

of

human

right be

Lawyer Bodga who happens to center. entlre that under Also of the stster As of republlc Justlce date,

executive of

director victlms

the the is

about

4OOO files processed.

from

have been Nyo tdakal

A good example and

who was arresled 9o/47 o{ l?th

tortured 1990.

ernergency Lan No. ukadike a Rornan that

Decernber

Cathol 1c slster tried to

was arrested, the

and tortured of The

by troops A 1I

prevent

hol di ng

Anglophone

Report

on

Ja nuar-y

2L,

L995

kfrceted

Counci l

Election

bv

25Conference 1994 under Article 1978.4 (AAC II) the at The of Big Mankon HaIl Admintstrative Decree No.7Bl485 on April lst,

shield

pollce of 9th

powers November

3 paragraph

4 of

2.2 ( L I

PBOV pE r

r Nc___Ig._VlFIIg___qE N QL*r r QA[-_*-q0UNAELL

EU$EA HUU6N* sHU!__A 3_I

The center school from ESG girls provlde counselting rtght not to to secondary and hlgh dlsmlssed

on thelr as provlded January ls also of of

b e g u r n m a r il y No. they on the

echool of

by clrcular 19BO carrled the if out

LO/A-562 MINEDUCbecome level of pregnant. of echool

1gth

Couneelllng admi nletrators representatlon stipulated regards Cl intcal for

necessl ty ln o{ declslon 25th

adequate makings aEi

etudents

by Decree No. the need of 1s a

80/293

July

1980 wt t,h Aesembly.t with to the deter esl and unti I got

students' also of

General on

counsel I ing and ustng by Law the guilty of the arms

carrled Law

admlnistratlon them {lrom

forcee to

and order

prevent of 19th

demonstratlons Decernber 1990; suspects

stipulate also on

No. 90/54

presrsurnption of by a Law Court

i nnocence of and not

proven

frorn confessions

as a result

torture.

2.2 t2)

PLOrv'IDE RFH-AFILJTATIyJ ABSIQTANQE*SU0H LE_6LL 0,!3

AID

The

cllnlc

also

provide

rehabilitative

aesistance

to

. Bobga Harmony's Research Center)

Report to Tesea Kordecka Amnesty International, lf - 1q(rqqq\

(African

l.tura,e1-b corc [i\rs. r)a

26victlms example, The Bal i through to legal of aid and financial tri bal Bambui On the by for Mrs. assistance. confl icts Fungie aspect euch and of For as: the legal

victims Ngembo

i nter

confl icts, conflicts. champion by

Ballkumbat ai d, this

and Bafanji has of been

the the

I ntErnational Abolition of in at

Federation Torture the the 8w1ri

Actlon

chrietlan Iawyer

(FIACAT) of

by their

Sendze Ophilia was deta i ned also Fenl ia In the and

case

Emrnanue Chi arnusoh;6 I Prison. and There Mary

who ls

BarnendaCentral Mati lda Bayong

case of Welga

Bah Akum

Caleeti n with

Championed by

Barr ister

coI laboration

Hundred Center. Barrister Akum, a Barnenda based lawyer Swlri Matilda made by who was Mary voluntari ly and was 19?5. rtb aE

took

up the

case of

brutalised Bah. Swiri

detained picked

on a

complaint Inspector showed

up by

Welga Gelestln that

on June 11th, a broken 72 hours. while

A Medical a result

report of

she suffered for

beaten guilty

and confinernent of Mallcious of

Mary Welga Both

Bah was found Eelestln accused Magistrate damages 27.SO5frs lncapacity

prosecution

wae found were found awarded be1ng for cost loss

guilty

aseault of

and battery.

gui ity plaintlff of of

conciplracy. 27.495 and frs far

Presi di ng epeclal

drugs earnings

medical the of

treatment, period of her

durlng

caused

by the

brutallzation

trJelga and

Hera I d Newspaptar Nr:. 514 3 , P e t e r k i n s I l a n \ r c ;r r q .

I'lnncjay 27 -?9 ,

1996.

frs.

27detentlon; 2.213) and 4OO.OOOfrs for general damages.z VI.OIATIONE

.I-NFORM INTERN.ATIPNQL- CQMMUNITY .PF AND EEEK INTERVENTION Amnesty Internatlonal on behalf to of the on the center the gth with of

Aprl t regards of Far

1?93 to a

lntervened report ln the faxed

them reviewlng I and I I

conditions of the

inmates North

Tchol I lre

prlsons

Provl nce

( C a r n e r o o n ). December to at have Tchol llre 1991, died as rnany as 70 I nrnatea and ar,

Bl nce reported neglect prisoners of the

from

malnutritlon camps, described (L'enfer to been

medlcal by recent Many

prison on earth'

as a 'hell vlctlrns but had

de hommes). death by

been eentenced had not they

Cameroon for their

courts, execution agalnst report lOth 973 to claim servl ng

a warrant

signed

and 1n thelr

some caeres

were stt I I to a

appeal t nE government on the

convictlons. ghe has 1993 II

Contrary

that of

made available and 912.95O for the

2OOO.OOO frs frs under of I I I 130 28th slip

January Tchollire

No.B68. also the aret

purchase "rr, of of

druge,

by

the death of

government sentences

that

prlsoners is e

i nstead

fal lacy rggz

lrrespective to

Decree No. 92/254 sentences.c reports 106, that have asi dled

Decernber

commute prtson There arr at

meny in

as

half

theee of the

prleoners,

least

one sectlon

H.R.D.6.

NewEletter

August A1

Eeptember

t996,

P.1

Amnesty International BDJ. U.K.

index

AFF l9?3

London t^,ClX

2Acarnp (Tchol.l ire assistance rnade II ). This is due to absence of rnedical

a6 priEon to

officials the

confiEcate prisoners by

Lhe few drugs charitable

avai lable

organi sat I ons. On interventlon, government authorities International condi tlons and deaths of Amnesty International to refer the called on the judiciat Amnesty harsh I I 26A had

Carneroon for had

deads to General ly

i nvestioation. expressed 1t's

concern I ight

about

such as the i n prisons

absence of i n

i n Tchol I i re Among over

Carneroon.

poI itical

prlsonere

released i11 due to

1n 199O, and L9?L, rnany inadequate diet and bars

become seriously neglect. the Some

medical despite

are

sti I I 1991 -

languishing Law No. 9L/2

behind of

Amnesty Law of

L991.

2.2(4)

q F E E t s C _ O N 8 U I T A , T T O N _ p R o M C I T I O N F H U I 1 A NR I 6 H T 8 ON O Human rights notion promot,ion consist of hurnan whether rights they 1n activtLies are brought, through to the

which

the

knowledge of er actual

citlzens potential

be mere beneficlarles, It i nclude not just of

violat,ors. for i n a

information values of to

but education human rights

better society.

appreciatlon The

various awarenBss

approaches carnpalgn, plctures

human rights of

prornotion I iterature,

include:

DiEtributlon and posters, are

Adapted pedagogy, development.

Basic

ct)rr icular with

i I lustrations instill charter, and

covered

relevant 5 of the

articleE United

to

awareness such as Article Article 6 of Rights, the

Nations on civi of I

International L9, 12,

covenant 13, 21

pcll itical

A t -t i c l e

the

29United Agai nat Nations Torture Charter, and other Artlcle Cruel , I of the conventloh

I nhuman

and Degradi ng

Treatment. e Human Judicial pepertrators; Bwirl also through r i ghte actlons protect whi ch the ion are servE to the carr ied as a out througA

deterrence declsion 1n may er

exarnple is

cour.t's

l-Yatilda V come

tl|eloa celeEtin

(supra).

protectrng

through

administrative vlctims.

reconciliation

cornpensation of

2,2 (5) opTIoNAL pgoTocoL FpR RFDRE-8g AND COMPENEATTQN

The famous actlvist l'lukong. and case to of hls 1983 be the sited is that of of a lonq tlme Abel

and opponent He referred frorn the courts

government

cameroon arrest,

case of 1g9o Nations

i I legal to for

torture

detentlon

the

Human Rights el nce value gullty !o pry ,

comrnlttee of the local

united

compeniation to pass

decl i ne

Jur-isdlct ion of

Judgement. for the gross victim

The government vlolation of

cameroon was found and wae special asked and

human rlght cfa as

lo.ooo,ooofrs

general

damages. lo

'U.N. Declaratlon protocol ,

1('

of

Human

Rights

Optlonal

U N lTuman Rishts

Corm Tgg3

-30-

CHAP-TER 5.O

I I

HUMAN I6HT8 AND THE JUDICIAITY F

Arttcle the

37(3) of the

of

the

L9?6

Constitution shal I

stateE guarantee the

that the

Presl dent

the

Republ ic This

independgnce of in the a Eubordlnate Judiciary's Thie the

Judiciary. thus to

placee the

Judlciary of

position abl I i ty

raislng

question Human of the

deci de

cases of the issue

r ights part

abusee. absence of it is clear

has trial

also of

provoked basic

rights of

vlolatore. people

However, whose rlghte happened that duttes the as

that

the are

vast

majority

have been abueed to them.

indifferent ng is the to

about

what has ng

Horr ifyt appetar and are to

understandi

torturers assigned of a

continue

perforrn ,thelr tcl justice; or the

hardly national ThiE in

brought regime

even

inspite of new

change of parties. various

election various

polltlcal and at

has been seen in world. r

places

times

the

3.1

T H E P R OIE C T IONF HUMAII BIFFIIS P

The noun "protection" which accordi ng is has it's to roots in the verb of

"protect"

Longmans as:

Dictionary

contemporary

English

defined

keep safe (from harm, Ioss etc) "...to especial ly by guarding. . , " (sorneone or guard agal nst somethi ng) "to poss i b I e means of future I oss , darnage etc by

Retpr i 6F

fro'n

0anish

crrgdic,al

Q r 3l l r a l - i r r

I qfiH., Vn I

f,s

31 I n e u r a n c E t" . 2 Non of the the 1n or foregolng rather meanlnge elueive right from seem to appl ication context, violation is of be succeesful of Thie the is ln word

coverl ng "protectlon" to protect

a human

becauge is

safeguard that the

Human rlghts confllctual human materlal

utoplc on

given of

hurnan nature ever yet to present

lnherently competlng adequate needs. 3 wlder

account time

needs or

within

and space resources

without rneet the in lt'e

psycho I og i ca I

Human rlghts however, go beyond

protection prevention responsies, operate care

rneaning must, post vlolation when future

and lnclude 1t a ie

rr;pongEs. eppropriate, violation. partlcularly potentlal of the

Siuch w l .l l The thelr

bel ieved, of

eE of

preventlon of the

vlct lms breake thus

violatlon, chaln in a

rehabilitation of violence and

cycle

weeds society time to tlme.a

free

germ of

human rlghts

abusee from

3. I ( I )
The

tlUml!_ j_I-Fltl_!N0._l*asl
phl losophy the of respect of not rlghts for merely , rules as enforced hurnan the ideal, rights but of

presupposes concretely

existence,

formulated

human

(preamble by

t99b Gameroon 65).

constttutton

which has played

Artlcle part in thE,

Alt,hough tradition the desire

an lmportant

developing

attltude

towards

human rights,

Longmans

Dictionary

of

Contemporary

English. and the Dev't

-Bobga - Mbuton of a Hlrman Right

Local Se1f-government p.16. Culture,

Opci.t P. T7

32modern basic rights trend Law has been to enshrine the rlghts rules victims into of or the human anyone that hurnan the a when

thereby at

making the the

various of

actionable

instance

whose rlghts the

arE! threatened. of of

Experience

has shown

combine effect the for rule the

constitutionally law, and the of

guaranteeing independence of rights,

rtghta, judlcLary rel iable there ie

enforcement of citizens'

those rights,

offer

protection

Jnore than

no such constltutional

guarantee.E

3.1(2)
The rhetorlc opportunity guaranteed Ordinance hierarchy Eourts

ACCEBE O JUETICE T
questlon when of of rule of can law avail is only taken beyond of the

citizens securlng

therneelves of thelr of has The

lrnplernentation the

legal ly justice. created a

rights Na.72/4 of courts

through of

machi nery 1972 VLz

26Lh. August in Carneroon on Civi I

Customary The by s. l1 with a{

wi th

jurlEdiction with of

matters as

only;

magistrate Ordinance jurisdiction 26/7 /72;

courts No. as The

Jurisdictlon 26/a/72i by

provided Hlgh Law has wlth

72/4

the S.16 of

Courts No.

prov ided of

72/4

courts The S.1(1) of in state and

Appeal

whlch court

appel Iate jurlsdiction and court 72/5 aE

Jurlsdiction; provided 1n

security S.8(1) of and

Law the of

No.72/6 suprerne

respectively pravlded The reliable for

26/EA/72;

S.16 of ex istence which

Law No 72/6 of alone, these can

26/8/72. structures wi thout in the

rnere

process

secure

faith

Opit

P ?O

33systern is to justice not and sufflcient therefore rights. security protection A for the of aIl right other to of accesg legally procelsE, of

recognised essentially the

human lncludes of

reference the and in a

amongst other, opportunitiee

understandlng the

existence

the

accompanying Judicial of Law or

means for system talk not i n

asserting

ones human rights No one doubts The test the

given

(Eameroon). it'e

technlcality

less the

dynamics. of

therefore, are

whether

human rights of

citizens to

sufficiently one has

eecured to ask

terms

accessi bi t ity followlng

Justice,

himself

the

questions: legal ly prot,ected rlghte "r'rq

Do ci ti zens know thei r how to er seek redress with

wherever

and whenever

violated

threatened

vlolatlon existing of the courts varlous system, courtg and the withtn

Do cltizens powers the

know the

and competence

system? posEiess of of the their the economlc services rights means of essentlal wlthi n the aval ling to the

Do citlzens themselves enforcement system? Do the and

courts

citizens of

have accese to rule of law

legal

aid?6 rnean that the

The i dea relationship between whlch

slmply and their are for

between citizens and

governrnent and by rules It is the

cltlzene such human

themselves

regulated itself,

community sets

4'

Harmony

Bobga

Local

Self

governrnent

and

the

5<ve.\o1m.rrrt o\ a rh,r.rnanQ-tg\rt] Cu,\l\^,\r , P.ft

54oppoElite of action treated and the the arbitrariness, the The concept rights of of rule of Law in to be

evokes equal iy r i ght

guestlon'of the law. before the

citizens of

before to

The rule the to

law concept form

equa I i ty

l at,rl, thereforre access to

foundation

upon whlch rested. legal

right

Justice

can be securely

In Cameroon, 76/521 Decree of is 9th a

ald

is

regulated

by Decree the i n Iegal the

No. ald two a on

Novernber tqz6. dead letter of

Regrettably, particularly It

Anglophone ueeful access It rights righte Judicial

provtnceg

carneroon. can be

however, to

remaina improve

framework to Jugtice.

which

activated

must however problem culture process globally

be noted in the

that area

approachtng of building

the

hurnan a human

betrays

certaln

inadequacies safeguard for

of

t,he

aEi a long-terrn

a desi rable for socletal

human right

culture. the

The rnovement in creation with

search of

pace through rights culture

and eustenance the mechanical has Ied

a good human of court

coupled peace

value

Judgements in of an

bui lding,

tcl the cal led it can

developrnent c o n f l 1c t be said that

alternative Put is is in

approach t,ime frame, i n the for

tranEforrnatlon. adjudication transformation pBacg in a long

useful

short-run building

whi Ie confl lct and sustaintng aE

invaluable The

run.

two approaches

rnust be seen

c o r n pLe m e n t a r y

and not

cornpet i ng. t

OPcit

PJ; 24 .n,

35-

3. 2

I'TALI.qX TEEAL_ERSEEE E_-AS-A.N*I_NEIBU-N.EN-I_.I-N*-II{E-NF!AETL

o F _ v r c T I M o F D O M E S T T_ V I O I = ! : N C E . _ C
Traditionally, the domestic There rehabilitation or ie otherwlse, however, a rlsponse of victirns of

violence and that

whether

I nvolves growing to the

medlci ne,, agreement vlctlm's with and his the

psychotherapy. treatment

musL include situation soclal and

exietential family, potentlal In people practice his

ie.the

relationshlp envtronment operates. argurs

occupational which the

milieu thts wl I I of

within directlon

vlctim

'Neve Gordon' contl nuously the this courts regard

that

most the

agrrcr that vlolence it. to the e It eee before is the ln

addresei ng

have etorne impact that to w conslder victlrn o#

on Btopplng tt lmportant in _l

avenues

avai lable

violencr

Cameroon legal

system.

3.2(1)

The Cameroon While could sources different. practice tnqulsltorlal reunlflcatlon, erode civil the the

LegaI

System is in the

a product

of

history. systeme their radically are, ln and Since to

subetantive to be

laws

two co-existlng in prlnciple, are

be sald

non dlvergent laws of the

and procedural For

application

example,

criminal the

procedures

accusatorial for there common law a

for the hae

comrnon law law

system

civll been

system.

an infamoue with thaL the

attempt

system practlce

French with

inspired stiff

Law system,

has met

Mbuton victims

of

Wico eemi nar 1995 on rehabl I itation Dornestic vlolence n.4.

of

-36inbuilt co.nmon made ln reslstance law systern. a few areaE judicial o+ frorn the citizens accustomed to the

(Nevertheless, such as the

sorne progreas Penal Code, ly the

haE been Labour area the

Code and ttre of the

organieation courts). rights victim hierarchy in

especial This to of has seek

i n the

hierarchy of

facilitated legaI

abi I ity There wlth is

a human

rernedies,

a well

defined

courts with

each vested relevant

Jur lsdiction

accordance

legislatlon.'r Beeides conventlon Maglstrate vlctlrns property. dispute the being against Courts for 10 t,he a state torture, do entertai interferance example villages of i n the the Fon is of n party to the clairns with the Bafanji Cameroon. Hi gh of Court the High for their l nter United Natlons and f rorn and Iand of waci

Courts damages person vi I lage

A good

between the West

and Balikumbat An of action

North

Province caEie againet

brought Peter others

i n this Ngufor

Bamenda by and four

Bal lkumbat

3 . 2 t z ',,
The share started a

L A N ! D IB P U T EBETW EEIT BAFANJI. AND_BALIKU|IHAT

two villages comrnon boundary. slnce 1960 and has are found in the dispute Jnany court Ndop plain and them

The land earned

between

Judgernents

modified
10

- High Courts S. by Law No.89/O19/29/

Op Cit p.6

Op Cit. p.5 The Supreme Eourt. S.16 Law No,72/6 of 26/8/72 State Security Court Ss.1(1) and B(1) of Law No. 72/6 and 72/3, 26/8/72 - Courts of Appeal
L6 of Law No.72/4 12/A9. af 26/8/72

37 and appeals. the Federal the Court of Appeal paesed a

_iudgement demArcatlng to the boundary by the

boundary Law

between of

them according which Thls of of the case was h,as

settlement

1962

instituted trled Court t97t. In looting property Unl ted

West Carneroon Government, Bench

by the of

Buea Administratlve in suit

Federal

Juetice

No FCJ/3/1970

22nd February

1995, of in

there

wae eerloue This of also

flghttno, led to

decLrucblon loss of ltves of of

errd and the the

property. vlolation

Artlcle and

3 and Article Soclal this III

17<2) 2 and view

Natlons

Declaratlon

International Rights. of The

Covenant case V hel d call does that

on Economlc, best illustrate Gwanvin "Happy his as

Cultural ls that in for

Peter

Noufor

Fon Doh that them sierve

& 4 those

otherslr who work

whlch peace; of

tdanki-J. God will J. of

are

chi1dren"12. a deterrence

Thie Sar

dictum the

Wankt

perpetratore Whi le improvl ng operates feeling it could is

vlolence

and destruction. sult of the have vlctim it also the advantage rnaterial ly, takes of and

cornpnsatlon the sltuatlon

as a financial of dependence.

detarrent,

away the le that,

The draw back however, from of of secure Victlms from to

lmpede the because

transltion hope effect to

eurvlvors

Thls suit

the

gainlng

cornpensatlon the victlm to

has the the

negatlve

motlvating health

neglect 1!

requirernent

first

Suit

No.HCB/4o/93

(unreported)

-38Despite p r o c e s s E r E ir t h e changes the of It torture, ts the fact draw backs of

civlI and crirninal

r e r n ai n s t h a t of tortured

the

l ega I process at the

that time

position

and torturer effect bei ng The can aE of civi if taking

has a pEychotherapeutic that wel I

on the is a

vlclim. combi ned in

comrnon knowledge of rnine and where with has a a

effect

body conditions. crlrninal civi I action action

procedure be they away

Carneroon

engaged Nelre the The of Ealnet as

cclncurrelntly consolidated,

added

advantage and

ehort,corni ngs of reeult ensuring time is that

both the

crirni nal victlrn is

1 procElsEies. a positlon at the

corning

into and

that

his

torturer

punished the

could of

Eecure cornpensatlon for the tortur-e. 1s

injury

suffered

a reiul t

3. 3

HUNAN ts.ItrHIg_AND . JUD.ICJAL*INDEPENOENAE"

Justice is is a perrnanent consicious over and of necessary the need they human for feel
of

need.

Each People want

citizen do not they

justlce. lt,
justice

guarrel

justice;
The

they
is

it,

demand it.. The power.

feeling

lndeed arbitrary out

obvious.la abuse of

rnagistrate Citizens shoul d not they are

is

persistent

1n

therefore be subjected be

crylng to ful ly illegal

t,hat

magietrates control in order part of and to

governrnent independent actlonB

that afford

shoul d against

protectlon officials.

on the

government

1ft

Bawak & Inglis J. Procedure UB. t997. Barrister Francis JurisL l9/t2/?6.

Notes on
-

Cri.rninal

and

Civll

'r .t

Xavier

N.

Mba I rnayc:

S e r ni n a r - o n

39The lndependence of free al I facts and bound lmpartial and i ty, the to settle the Judlclary matters his frorn no means the Judge le him in of the

brouqht

before

accordi ng to law, free al I

I nterpretation any matter in

restrictlons, thelr orlgln

lncitatlons, and

presisure of But the

kindr is

obJectivee. 37(3) of

thts

lacking

Cameroon since Presldent judicial

Artlcle of the

1996 constltutlon is the

sayEi the of

Republ ic

guarantor

I ndependEnce. Hodever, cannot deslre the be like 1t must be noted The Judge arbitrary of equity. shoul d not the the that cannot rulings In be a this independence. he

abeolute. dellvering and rules

do whataver which free subject The

vtolate soclety,,, to the

Laws

fundarnental arbltrary or of thoee the

human rights of

diecretlon charged with

Iegielatton, legal tty

executlve ity

and constitutlonal

state. independence ethnic, of the tribal, Judge must put him and above class

The ideological,

religious, on the the that

conslderation. of the

The general was in

principle by

independence natlons and

Judiciary Assembly

adopted

United the

General

19BS whlch

provide

rulee

leglslatlons of epeech. rs

governing The on or

magistrates of

must

lnclude

freedom of the duty

prlnciple

lrremovabi lltv their

Judge except without fear

retirement #avour. of

makes thern per#orm

The protectlon
rlt

human rights

1n Cameroon

require

Artlcle

19 and

20.

-4016l lanc labour on code, the the of constitution, penal other code, various ordinances, the

International This

conventionE require that of ia The of

and decisions the the weak, judge be

jurisdlctions.

mature would

and independent. be meanlnglees and eocial 1y is epelt

The independence where the judge

Judiciary

mediocrer, the

powerle6s.16 out in S. 22(l)

indFpendence of . ,D e s r e e No.751596,

judge

L975

AN r ltlhu Th.emrU- of j,^rgr c-r.

-4t

ffi
4.O

eall_all-8.FtgtillEN-Dlr]*alle

After Organisations lmperative human righte

a detai led in to

study

of

the

role

of

Hurnan Rights con6iders tt

Cameroon, this r e c o r n r n e n dp o l i c y

researcher changes pol icies in

the

entire the

st,ructure.

These

include

follor^llng 4.I A

viz: on the governrnent Nations of Cameroon on to ful ly

cal I the

irnplement

United

Conventlon to uphold

Hurnan Rights the in the all by

and Freedoms which Internatlonal December 1984. principles forms of in

she undertook

by signing Rights

Convenant, on

Civi I and Pol ltical should on the also

The government the convenant

implement of

Eiimination women ratified

discrimination the 23rd apply as the of the

against August, laws so

Dameroon on ehould torture civi I c o m m lt the strtctly such

1994. aEi to

The brlng prlson

government agente officErs, when they of

securLLy

offtcers, to

adml nletrators hurnan rlghte

and chiefs abuses.

Justlce

Hence no one shoul d be above

law. There shoul d be a carnpaign for partlclpatlng places lnterest rnay greater pol itical design laws of the objectlvity formations for the

1n law maklng in the power that

so that market

nations at heart.

have the It ls only

and future objectlve

country is

when thts

attltude

42' adopted capricee councillors be able formation falrness to that of lhe nation can be or saved from perEonal the whims and Our so aEi to political freedom and

Eectlonal

I ntereEts.

should act

be knowledgeable far their

1n electlons different optirnal

as observers

and by so doing of electionE

ensure

the

through should

vigllance the

and co-operatton. and detentlon orders. of

The government of opponente the by

stop

arrest

adminletrative should

detention alI

Besidesr

government also

release

prisoners

conEicience and to detai nees.

provide

medical

assistance shoul d

and food an

The i nto forces to

governrnent of

i ni tiate

I nvestigation by securi ty forces do not

reports and engure

extra-judicial those officers

executions i ncharge under of

i nstruct that

security command

their The

cornrnlt extra

judicial

executions. her

govBrnrnent of and apply it

carneroon EhouI d conforrn to with flexibility rather

consti tution the

than

contravene

same constltution. 4.2 work their equal Iy Pol itlclans for the should good of lines to they be get alI or keep asi de personal greed and of

cameroonians ideology. for and

irrespective Etected the the

polittcal need

mernbers of be 1s

reminded from

mandate duty to

represientatlon regponsible urgent and

electlon to the of

responsive the a

electorate. local of local

There

need for as

improvement reI iable

government creati ng

power and

competence, Eustalning as the

mans the

a human right

culture,

governmente, i n touch wi th

rnost i ntirnate

governrnental

strurcturre

43the population. Political. call the partles to should order ral 1y for the thelr strength of to an

government Electoral avoid the to post

lmportance guarantee

lndependent play ehould have a of thelr and

Commission electlon

Eio aB to vlolence. that ln

fair

Pollticians Cameroonians decision a maklng to

make right

government vote

understand

and participate no government

country

whlch

has

rtght

wi thhol d. 4.3 of The human National rights so. Legal needs Justice Framework for to delay be is aseiuring protection and which should set-

clearly just ice The

formulated denled

urgently amounts to stand up

abuse of

hurnan rights. their a the Iaw. position subordl nate weak to

judlctary

up and assume than as help of

as an independent of the to

rather

government. have redress also have e

Lawyers should i n the courts

be able shoul d

Judges the

"situation of 4.4 etatus "fact"

sen6e" and not

by seeing that of

case

before

them aE on,

"affair", should non rnaintain profit their maklng the Hurnan through need to elections a

Hurnan righte aEi non

Organisations partlsan prlmary and and

organisatlons bui lding rlghts local of a

whose peaceful

objectives democratlc

I nclude eociety.

Organisations pressure review the orof

should

urge

the

government of the for

international the legal

pressure

complete

environment of a more

partl.cularly, body to avold

establishment cross

representative and lncessant

unnecessary

referencing

44vlolEnce When to any casee of Human Rights office, before to to their the they violatlonE should to are first the reported try to

Human rights the to truth report

eatabl i sh perpetrator or before

wr i t i ng

supposed

offt ce for victim for

reconci I iation legal action. offer

any advise

Human rights legal they aid arel to

Organisations victims of of

should violence

be kind

enough to of not.

irrespective ion of or

whether
The

rnembers should violation

the it

organisat a hablt

organisatlons human righte the 4.5

make to

protesting

about and

the

governrnent of

Cameroon

I nternational The publ ic justice iE in

c o m m u n it , y . shoul d ( ie taking to taking the decease the frorn the practice thei.r of

jungle Thls thieves arder. deprive

1aw into of the

hands). of

regards of

waves

m a e i Ek l I I i n g i forcee of

instead

them to

law and to

T h e m a s s r s ls h o u l d the other of

know t,hat no one l ife, court I i berty rather

has a right or

hls

property.

Aggrieved vengeance shoul d protection

persons (Article serve of

should 3

go to

than exercise The public and

U.N.

Convention for

1948). t,he

aEi

vanguards

prornotion

Human rights

i n Carneroon.

-45*

4.6

EsNLLUELpI_V_

The essential ie of that respect for

lesson Human of

to

be

learned

frorn this

study by means

Right

may be achieved and

voluntary to

actions support

Nattonal

I nternational whose social

Organisatlone survlval are

persons

and groups

threatened. rights provlslons into of the the United of human 1aw. by Natlone general rights The whlch

The Human Declaratlon International arB Ipso facto have

been woven Thus all

fabrlc of

law.

violations of law

violatlons

International set standards

documents governrnents shoul d

t:n International are Judged.

Non governmental i nformed to the of

organisations human rights of

keep

publ ic l,rle re{er

opi nion here

violatlone. Amnesty wor I d. There r ights obtalned; are away, not

commendable work trov,r the

Internatlonal

whoee actlvities

entlre

are

certa I n they most ln

pecul i ar be

attr

I butes In

of

human to ba they

hence

demanded to

order Often,

threatened even From a 1997, were the worst

order

be enjoyed. they of

recognised vlew i t of

unti I the state

have been human righte the the

snatched since laws how are years)

ltlarch 27 , of l99O

rnay be concluded enacted is. to

that show In

I I berty worl d we

only

democratic apparently

country off than

practlce, years (thlrty

we were 3O

46ago. si gnatory citlzens i deological The It is to real ly the wrong Uni ted Sor a nation charter of which to is a

Nat lons because

detai n and

incornmuntcado differencee. i nabi I ity the of

political

the

legislature judlcial on all

t,o

assert

her and to

lndependence, the state r i ghts. anthropological of preparing

absence of the executive it

independence, matterE to talk relating of

suprernacy of governance There

rnakes must of

difficult be human society a be other rights

human related

rights with the

study the

our for only

objective righte the

ground could

meanlngful achieved societies practi ces

human

cu I ture . exchange of understandi

This

through for

experiences ng of

with

a better good

human

and

gover nancE). One cannot that this needs to contribution wi th ng pretend in a paper like this to cover all view

be covered. asi an the

Readers should invitation goal of need for the to a

therefore wider

and deeper a better hurnan A hurnan polltical respect and and

discourse, understandi rights righte entlLy for

acqul r i ng for , a rural

of , and especial is the

the Iy

posi tive rnasses. of a

culture culture or al I

psychological in there

state

communlty the of

where

1s reclprocal for

condltions the

necessary of

recognitlon persons

respect

dignity

hurnan

sustainability.

-47

B I EI-

I (f GF?APHY

MBU,

A.N.T, Teaching

( 1986) ]F|E__Mj!!--*AE__-{UE-I_rcE; and Research (CEPER), Yaounde.

Centre

for ( 1993)

MBU,

A. N. T C.ivi.t _[l*eoqeil_e!Ee**!D* E-amFtoonr Imprimerie Georges Freres, Douala-Cameroon. A. N. T; !nl1S.dg-E_!te!_-_!_e__!uman (1993) Imprlmerle Georgee Freres,

MBU,

f n Af ri Riqhts i Douala - Cameroon. ( 1995)

NYANNJOH Francls: NO0REMAC ress, P

1!gs_ione_d__-1![r_iSg!; f [p_* J_L.si Limbe, Cameroon.

BEEE.EENAE.EI
( l98O) ABUL A'LA Mawdudi, Hu$_etr_&i_SX_Lg*|_n_JS-l-e-O; Foundation Lelcester, U.K. AFRICAN Charter on NAIROBI KENYA. Amnesty International Internal Secret,ariat n Cameroon, (1994), London, WCIX BDJ, U.K. Butterworth Law Dtctionary; London, U.K. (1986) Butterworth Islamic

ights ( 1981) , R . p p . . p r t g _q n . _

Co.

Ltd,

Chester E. Funn Jr . , Mathew Gandat , t aI Agency Lemocrasyi (1991) U.S Inforrnation Qamgrqon *_tlfe; Vlctoria (l'lay 199t, Carne'roon. REport by Francis

_[|l-rg!_ls [,rlache,

Agai nst qnd- othef Convention I T.ortgre, _-Q-1gg-!* nhqlnan or ( 1985) Dlorgdi nq Treatment of Puni-AhmeIt In Tort,ure. New York, U. N Outlawl ng an Ancient Evi I : Deoartment, of Information. tj-1-e!_Asl.!_*fp1-_GnltdfeA, Rights of a child, H.R.D.G Neweletters; (199O). UNICEF, U.N., Convention New York. on the

(1995-1997)

Bamerrda, Cameroon. Cameroon;

Harmony Bobga, Lpcal Government Elections ln (I996 ) Hurcled Center, Bamenda - Carneroon.
Local SeIf qovernment and the

Development

of

Human Riqhts Culture; Barnenda * Cameroon.

( 1997) ,

Hurcled

Center,

-44Index on Censorshlp, London. . Lib.ertv in Efitain; 1?95), VoL.24,

Nertz

J. Steve Btko, U G E S K Rl _ a C q e r ; 4O, SoUTH AFRICA. (January

( lgBO) , tgg6r,

t4Z,

26j9,

M B A L M A Y C IS E M I N A R f o r R Jurteta, Yaounde - Carneroon.

H.C.H.R.F,

Report on January 2L, lgq6, Municioel trguncil .Eleqtion ln Mezarn. f'lbenqwl and Batl bo Eounci ls i (Lgg6) Hurcled Eenter, Bamenda - Carneroon. (1996); Report The wttnees - Messa Press, No.O39 by Maurice Tiibam Kube, Yaounde - Carneroon. Vol.1,

- Jtl-

NEW PEACEHOME
CONFIDENTIALCHECK-LIST

+.7

FILE N". BIODATA

1. NAME

DATE:

A.
6. 8. 10.

12.
13. 14. 16. 1V. 19. 20. 21. 22. 23. 24.

Nationality l.D./Passport No. CivilStatus No.ofDependents PresentAddress

Weight

SEX LegalStatus Profession

No.of wives Religion

AGE

Blood Pressure Referred (self/individual/organisation) by Date Detention/l of morisonmenVviolence Nature violence of

Present stateof Health

Pulse mmHg
Dateof Release

/mm

Timelapse between Releaseviolence current assessment and Reasons ArresUviolencc for (describe) CircumstancesAnesWiolence of OtherDiseases Stateof Health and before arresUviolence

VIOTENCE PHYSICAT
25. Beatings
a) b) c) d) e)

falanga buttocks head back Indiscriminate extreme Heat extreme Cold extreme light extreme darkness exteme Noiee batton gunBut punch slap klcks whips dry submarino wet submarino

Yes

No

26.

Exposure
a) b) c) d) e) a) b) c) d) e) f)

27.

Assualt

38.

Suffocation
a) b)

29.

Burns
a) b) c)

electric clgarrette plaetic drops handcufr chain forced positions balancois suspension

30.

Abnormal Posture
a) b) c) d)

Yes 31. SexualTorture

a) b) c) d) e) rape violenceon genitalia forced pregnancy insertionof objects into body orifice hangingloads on penis

No

VIOTENCE PSYCHOLOGICAT

32.

Deprivation
a) b) c) d)

social perceptual sleep nutritional choice impossible humiliation blindobedience of disclosure information falsestatements signing in forcedparticipation torture violation taboo of of torturE othere witness falseaccusation verbal abuses disinformation tleats yelling forcedundressing photographed naked positions humiliating to forced assume torture witness sexual toilet sub-standatd facilities clothes to forced wearinappropriate environment difi, humiliating protection diseases against inadequate lackof treatment inadequate treatment treatment disorganised of abuse drugs

33.

Coercion
a) b) c) d) e)

0 s)
h) i) a) b) c) e)

34.

Communications

35.

SexualTorture
a) b) c) d)

36.

Deprivation Hygiene
a) b) c) d)

97,

Services Deprivation Health

a) b) c) d)

38. 39. 40. 41. 42. 43. 44. 45.

PHYSICAI,SYMPIOMS Disabilities lnjuries Physicalloss(specify) (specify) BodyPains/ache Dizziness DryMouth Sweating SleepDiturbance
a) b) c) hypersomnia insomnia nightmares frst degree seconddegree thirddegree

49.

Burns
a) b) c)

SYMPTOMS PSYCHOTOGICAT
47.

Anxiety symptoms
a) b) c)
d) e)

Yes
fear fear of embarrassment obsessions worry panic aggression rage or anti-social behaviour disorganised behaviour suicidethoughts suicideattempt of assumption a new identrty depersonalization illusions hallucination impaired memory impairedabstractthinking judgement impaired poor attention poor concentration indecisiveness flight of ideas withdrawal fiom social situations no intimatefriends no self confidence suspicious unstablerelalionship

No

48.

Behaviour
a) b) c) d) e)

49.

AffectDisturbances
a) b) c) d)

50.

Dysfunction Cognitive
a) b) c) d) e)

51.

s) lnterpersonal
a) b) c) d) e)

52.

lnterpersonal
a) b) c) d) e) boredom restlessness feelingsof guilt feelingsof worthlessness loss of hope feelingsof powellessness feelings shame of sexualdysfuncUon loss of appetite lack of seff-confidence

s)
h) i)

i) 53. 54. 55. 56. 57. 58. 59. 60.

SOCIO-OCCUPATIONAT
PresentRelationship with immedate family

Relationship relatives/community with Occupation before trauma Present status Economic LegalAssistance with Contact relevant authorities
Relationship work environment with GeneralRemarks client's on attitude behaviourduring and assessment

61 Recornmendation