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4) The penal code and sanctions: Before the demonstration of the UN Convention against torture, there was no direct recognistation of torture as a crime neither was it defined in the penal code. With the domestication of convention of the UNO. The penal code of Cameroon now makes torture a crime. The penal code further stresses that although a public servant is obliged to receive and execute orders from his superior, torture can not be justify [S.132 (a)(7)] on the basis of such orders. This now put the responsibility for torture on the torturer who can no longer hide behind the cover of obeying superior orders.
As for penal sanctions Art.14 of the UN Convention requires “State parties ensure that any individual who alleges he has been subjected to torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for a full rehabilitation as possible. As a result of this article 14, Cameroon has prosecuted state agents who have perpetrated torture. For example, in 2003, the president of the Republic of Cameroon ordered an investigation into the disappearance of 9 youths in Bepanda-Douala under police custody. The investigation led to the arrest of and prosecution of colonel Ousmarrou and 7 others. A high court in Yaoundé convicted 2 of the 8, with colonel Ousmarrou and sentences them to 3 years probation.
On Feb 14th, 2003, the government prosecutes in the Yaoundé military tribune, Barthethy Agandi, and Sentenced him to 25 years imprisonment and a fine of 50 million CFA for the death in 2001 of Eloi Sanda Ada. Also, on August 26th 2003, the Yaoundé High Court Sentenced 3 special operation group officers to 5 years in prison respectively for the death of Edonard Lewart in 2000 and a fine of 5.5 million to the victim’s family.
Lastly, a senior police officer was in early 2005 stripped off his rank and transferred from Limbe, pending investigation into the death of a man in a mile 4, Limbe Shoot-Out.
5) Education and Sensitization of the masses: To effectively protect and preserve the inalienable rights inherent to a human being, there should be education and sensitization of the masses on what amount to torture especially in domestic circles. Everyone needs to be personally aware of the gravity of torture on the human person. We need also to be educated on not being afraid of reprisals.
In a bit to sensitize the masses, legal counselling centres should be opened especially in the villages on how to seek redress in case of violation of human rights.
6) Education of state agents and capacity building: The education of state agents on their primary roles as peace keepers and law enforcement officers and not violators of human rights is indispensable. Some of the violators do not know that their acts amount to torture. The lack of such basic knowledge may lead to embarrassing situations as what a state council in Yaounde experienced in 1994. In carrying out his routine duty which warranted him to visit and inspect detention centres, he was detained for 5 hours, striped and beaten. The prohibition of torture is jully included in the training of state agents who may be involve in custody, interrogation or treatment of any one subjected to any from of arrest and thank God that ENAP(Advanced School of Penitentiary Administration has included Human Rights as one of its main Courses.
7) Good Governance: The break down of the rule of law and the non-respect of separation of power leads to the perpetration of Human Rights abuses. In recognition of this, the Cameroon government has set up a good governance committee directly attached to the presidency to ensue that the rule of law and good governance is re-established again in Cameroon. But the common man on the street doubts the powers of such a committee to be independent from the administration since most of its members have a common interest, embezzlement of public funds for their personal gratification. And also in Africa, we have a common saying that “no one bites the hand that feeds him”.
Civil Society organisation plays a very important role in the area of human rights advocacy. People hardly talk about human rights without citing the American Declaration of independence where it says: all men are created equal and endowed by their creator with certain inalienable rights; that amongst there rights are life, liberty and the pursuit of happiness; that to secure these rights governments are instituted amongst men deriving the just powers from the consent of the governed. Much of civil society advocacy hinges on these two notions. Just powers and consent of the Governed. Most governments function on the basis of an impressive arsenal of laws purportedly drawing their sanction from the consent of the governed, since they are, in principle, voted into law by representatives of the people.
Often, the rights of certain segments of society are trampled upon when it comes to choosing who should represent them. Gerrymandering and all sorts of election fixing are nothing but violations of people’s rights.
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Akwalla Johanness
I am a young development activist who believes that for youths to be successful, we need to come together and share ideas that are beneficial to the whole of humanity.
I strongly believe that for Africa to come out of the political hostage its finds itself, our leaders must stop to consider themselves as traditional rulers. We all know that traditional rulers rule for life, and power is passed on to their descendant. And I think that once our leaders stop to think of themselves as such and concentrate on development by investing into the education and basic health care and social services, then can we say we are on the right path to human development.
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