RIGHTS-CAMEROON: Will a New Penal Code Lead to New Attitudes?

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Sylvestre Tetchiada

YAOUNDE, May 20 2006 (IPS) - An information campaign is underway in Cameroon concerning a new Code of Penal Procedure that authorities say will strengthen the rule of law – making the Central African country a standard for human rights.

At present, Cameroon is regularly criticised by non-governmental organisations (NGOs) for failing to respect human rights.

Authorities stand accused of disregarding the rights of alleged criminals: NGOs allege cases of arbitrary arrest and detention, and claim that torture is commonplace when people are taken into custody at police stations – as well as in prisons.

“Cameroon is known for its regressive human rights practices,” Paul Yassi, an advocate based in the capital of Yaoundé, told IPS. “Our country has only made small advances concerning the promotion and protection of human rights in recent years.”

The new code, scheduled to come into force Aug. 1, is the result of 30 years of work by national legal practitioners – assisted by French and British experts. It is intended to put an end to the cultural and linguistic duality that has characterised Cameroon since the colonial era.

Under colonial rule, Cameroon was divided into three regions – two governed by Britain (Southern and Northern Cameroons), and the other by France. French Cameroon gained independence in 1960, becoming the Republic of Cameroon; a year later, Southern Cameroons voted for federation with the republic, while Northern Cameroons became part of Nigeria.

In 1972, the federation was abandoned in favour of a unitary state – the United Republic of Cameroon. But, political integration was not followed by legal integration between the French- and English-speaking areas – which continued to observe separate legal codes.

“Two different legal systems operated in a country that was already politically and administratively united,” Jacqueline Mbassi, a magistrate in Yaoundé, told IPS.

“There was therefore a need to harmonise the two systems, with the goal of making our justice system…less niggly, less onorous – (and) more efficient and modern.”

The new Code of Penal Procedure also introduces certain legal innovations, such as allowing detainees to be released on bail, and banning imprisonment for persons aged less than 18, those older than 60 – and pregnant women.

However, Cameroonians are sceptical about whether the code will lead to improvements, fearing authorities may not have the will to respect human rights.

“What will they do about all the minors jailed in the prisons of Yaoundé, Douala (the economic capital) or elsewhere – who have been (imprisoned) without trial for years?” asked Sarah Djidonou, president of the Human Rights Advocacy Coalition, an NGO based in Yaoundé.

“I think that police officers and magistrates will continue to send innocent people to jail,” she told IPS. “I am waiting to see what will happen for the next two years before celebrating (the code). You know how this country is.”

Marlène Gwet, an official in the education ministry, is also sceptical. “The rule of law will be promoted, they say. But, I am not sure that citizens will really become more responsible…”

“Will legal practitioners, in particular, be prepared to open their minds to this revolution?”

Gwet adds: “My cousin, a taxi driver, spent three weeks in a police cell where he was beaten every day. His boss accused him of being short of the small sum of about 13 dollars.”

But Marinette Hiol, deputy public prosecutor in Yaoundé, insists the code will result in a change for the better.

“Our prisons will no longer have children of less than 18 years,” she told IPS. “The ones who are still in jail are those who committed murder or took part in aggravated robberies. These cases concern crimes punishable in the eyes of the law.”

Maurice Kamto, minister of state in the justice ministry, says the new code seeks protection of all citizens.

“The philosophy that emerges from the new Code of Penal Procedure is that it must protect honest citizens who are victims of offences, without abandoning the guilty,” he told IPS.

Notes Yassi, “We hope that the upcoming implementation of the new Code of Penal Procedure will open the way to real rule of law, which we dearly want to have.”