CHAPTER ONE

GENRERAL INTRODUCTION

1.1 Background of the study

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”[1]. But do women enjoy equality in dignity and rights all over the world as compared to men? This is a question for concern. Women all over the world have been victims of gender based violence, gender inequality, gender discrimination and all sorts of barbaric practices which greatly reduce their dignity as human beings. This gender discrimination cut across households to the community as a whole. Within the household women are less access to and control over resources and limited influence over household decisions. Beyond the household, women have limited access to communal resources[2]. They are under-represented in public decision making bodies. They have limited bargaining power in markets.

    Women also go through some mal-practices which reduce their dignity and cause a lot of suffering. These include female genital mutilation, domestic violence, widow inheritance, marriage by abduction, ritualised sexual slavery, breast ironing and bride price which reduces them to property of men. These practices are permitted by the customary laws as well as some legal instruments. For instance, in 2010 the United Arab Emirates Supreme Court ruled that a man has the right to physically discipline his wife and children as long as they will not leave physical mark[3]. Even for the women to gain employment or promotion in public and private institution was not easy as they are used as sex objects.

       Women are discriminated upon inheritance, and land ownership and over the rights to education. According to UNESCO estimates, over 130 million girls between the age of 6 to 17 are out of school[4].

    The Ministry of Women Empowerment and the Family is a governmental body responsible to promote gender equality, empowering women and supporting family welfare. The ministry was officially created in 2004 and is headed by a lady called Prof. Abena Ondoua nee Obama Marie Therese. The primary objectives include advocating for women’s rights, implementing policy and programs that enhance women’s socio-economic status, and ensuring the protection of children’s rights within the family structure. The ministry of women empowerment and the family also focuses on addressing issues such as gender-based violence, economic empowerment and overall development of the family units in the country. It should be noted that with the creation of women empowerment and the family as a catalyst of empowering victims of  gender-based violence many women’s and girls’ child are now educated on the ill of gender discrimination, gender equality and domestic violence perpetrated by men. This institution got it complete jurisdiction immediately the government decentralized this institution all over national territory that is from the ministry, to regionally to divisionally and to sub-divisions by so doing the ministry has as objective to better address women’s problem, promote women and the family, develop the family and set up institutional reforms and a governance strategy regarding women all over the national territory. In 2010 the budget of this ministry was 0.27% as compared to 0.25% between 2006 and 2009. This was to enhance the works on promotion of gender issues[5].

     From time immemorial the world has witnessed several armed conflicts with very disastrous effects on humanity. This is because prior to the 19^th Century, armed conflicts were conducted without regard to the protection of civilians and objects necessary for their survival.[6] In battles and towns taken by force,    combatants and non combatants were killed and their properties destroyed. In order to limit the disastrous effects of armed conflicts, measures which culminated into rules governing armed conflicts were introduced in order to humanise war. These rules included conducts and practices which involve treating both civilians and parties to armed conflicts humanely which later on culminated to the laws of armed conflicts which when violated, war crimes are committed. In the midst of carriage of history, there were expressions of humanitarian norms to protect victims of armed conflicts, that is, the wounded, the sick and the shipwrecked which dates back to ancient times.[7]

During armed conflicts, the effects of the war are heavier on the female being than thie male counterpart.

   United Nations Charter[8], requires the promotion of human rights by member ststes and cameroon has incorporated resolution and recommendation resulting from international meetings on gender issues. In this light Cameroon has adopted National Gender Policy which is part of the document thst bind the state of cameroon to international institutions. In order to protect women against gender-based violence and promote gender equality in cameroon, laws have been put forth not leaving out the to guarantee gender equality[9]. These laws play an important role as far as promotion of gender based violence is concern in cameroon. The Cameroon labour code on its part requires remuneration for similar jobs and similar performance regardless of gender. See section 84 {1 and 2}of the code grants a pregnant woman rights vto leave of absence with pay and an extension of such leave will continuous remuneration should any complication arise after child birth.

   However, gender-based violence still prevail in cameroon. The gender equality as Fon and Eldoka state “in Cameroon and in Zimbabwe and Burkina Faso, women have legal rights to own land and trees, but in practice, men control nearly all properties”[10]. Ngasa on her part state that “ it is sad to note that much needed laws against gender-based violence are hopelessly lacking in Cameroon”[11]. For example section 61 {2} of the civil status Registration Ordinance prohibits the payment of bride price as a condition neccessary for a valid marriage but bride price is still recognized in cameroon today. The Court of Appeal Buea[12]gave back the collectively acquired property to the deceased wife’s family simply because the widower never paid bride price, making the marriage not valid. Section 361[1] of the cameroon penal code and section 361[2] are contradictory to gender issues. Article 74[1] of 1981 civil status Registration Ordinance gives women the liberty to choose a trade for herself, but article 74[2] gives a man the rights to object to the exerciseof such a trade in the interest of the marriage and the children. Article 1421and 1428 of the civil code concerning the rights of spouses to administer property is really discriminatory as well as article 229 regulating divorce. Looking at the above obstacles in combating gender-based violence in camerron, one may be force to conclude that the women empowerment and the family in the fight against gender-based violence against women is far fetch dream.

         In order to better understand and get a clear road map as to the role of the Women Empowerment and the Family  Cameroon in the fight against gender based violence against women in crisis period, it will be worthy to first look at the theoretical framework surrounding the subject matter. This theoretical analysis is important as Jeffrey Sacks once said that “not all the theories fit the practice, but the practice in turns need to be sustained by theoretical concepts” That is to say, theoretical framework is that mirror that will reflect reality on the ground. This section thus will be on the discourse of the theories which underpin the scope of our study.

1.2The problem Statement

   Gender-based violence (GBV) remains a pervasive issue globally, with women and girls disproportionately affected, particularly in contexts of armed conflict. In Cameroon, the ongoing conflicts, including the Anglophone crisis and the Boko Haram insurgency, have exacerbated the vulnerability of women to various forms of violence, including sexual assault, domestic violence, and exploitation. Despite the recognition of GBV as a critical human rights violation and public health concern, there is a significant gap in understanding the specific dynamics and manifestations of gender-based violence against women in the context of armed conflict in Cameroon.

   This research aims to investigate the prevalence, forms, and underlying factors contributing to gender-based violence against women during armed conflict in Cameroon. It seek to explore the socio-cultural, economic, and political dimensions that perpetuate such violence, as well as the responses from local communities, governmental bodies, and international organizations.

      The issue here is, despite the efforts of the government and civil society organizations towards protecting women against gender based violence in Cameroon in times of armed conflict, gender based violence still prevails. Women are still involved in gender based violence practices such as domestic violence, female genital mutilation, rape, force and pre-mature marriages, child sexual abuse, breast ironing, force prostitution, inequality and all forms of discriminations are still the order of the day in Cameroon especial in regions of armed confrontation. Early marriages especially in the Northern part of the country of Cameroon are still very common not forgetting widow maltreatment is also a thing of concern in Cameroon. At the economic level, women do not receive equal payment on the same job in most private and public sectors. Women seeking for jobs and promotion in their job side are mostly taken as sex objects before granting them jobs or promotion in which they have qualification and competency to occupy.

    Also Cameroon is faced with problems such as low wages and salaries, civil unrest and numerous strikes both in private and public sectors not forgetting the crisis hitting North West and South West regions of Cameroon and the Boko Haram terrorist  group in the Northern part of the country. Furthermore, the poor infrastructure road network and other environmental problem is a call for concern.

        In 1979 the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. This was buttress by UN General Assembly Resolution 48/104, to lay down the foundation for a world free of Gender based violence.  At the African level, the Protocol to the African Charter on the Rights of Women in Africa of 1^st July 2003  was adopted by  the  African Union (AU)   at its assembly’s second submit in Maputo, Mozambique in July 2003, to break from traditional notions and  negative conceptions about women by enshrining the mainstreaming of gender equality in African affairs.[13] Cameroon on her part has ratified these treaties by virtue of Article 45 of the Constitution. Also, the preamble of this constitution recognized the inherent dignity of man without discrimination as to sex, religion etc. This constitute the bases of gender balance in Cameroon. However, there is still gender based violence in Cameroon, a societal ill that is worsen by the armed confrontations. On the strength of the above, the Cameroon government created the Ministry of  Women Empowerment and Family, the Cameroon Commission of Human Right and Freedom, and also put in place laws that allows civil society organizations to operate in the same vein.  But despite these efforts put by the state, the notion of gender based violence is inborn in the minds of Cameroonians. In this regard, the researcher want to know if the problem is as a result of the weaknesses of the law, its implementation, ignorance, and lack of awareness by Cameroonians about gender-based violence

   Above all, despite all the efforts put in place by the state, civil society organization and some enlighten individuals; cases of gender based violence like rape, emotional violence, beating of women, force marriages just to name the few keep increasing by the day. In this regard the population need sensitization on the ill of gender based violence in Cameroon. This can only be achieved through collaboration by the State, NGOs and private individuals. By  examining the lived experiences of women affected by armed conflict, this research will contribute to a deeper understanding of the intersection between gender, and violence.

 1.3 Research Questions

To better treat the subject matter under study, we formulated one main research question and some specific research questions.

1.3.1 Main Research Question

To what extent is Gender-Based Violence be Protected against Women by the organizations in Cameroon?

1.3.2 Specific Research Questions

• What is the regulatory frame work on gender based violence in Cameroon?
• What are the various forms of GBV in Cameroon?
• What are the challenges faced by these institutions in its mission to protect women against GBV in Cameroon?
• What mechanisms can be put in place to enhance the efficiency of these organizations in protecting women against GBV?

1.4 Research Objectives

This research is guided by one main aim and specific aims.

1.4.1The main objective

To determine the role played by these Organizations in protecting women against GBV in Cameroon.

1.4.2 Specific objectives

• To treat the regulatory frame work on gender based violence in Cameroon.
• To examine the various forn of Gender-Based violence in Cameroon.
• To examine challenges faced by the Organizations in its mission of protecting women against GBV.
• To bring out measures to enhance the efficiency of the organization protecting women against GBV.

[1] The Universal Declaration of Human Rights, 10 December 1948 article 1.

[2] Elizabeth Bryan, {2008} “strategies of promoting gender equality in developing countries” Woodrow Wilson international center for scholars, available online at www.wilsoncenti.org p.8 {accessed Jan 8,2025}

[3] Available online at https://en.m.wikipedia.org, {accessed Feb 11, 2025}.

[4] Girls education overview, available at www.worldbank.org. {accessed  Feb 6^th 2025}.

[5] Mefire L.M.V, B,& G., {2017} “Cameroon and gender issues”, Advances in Anthropology p.7,34-45.

[6] The massacre of civilians in the mist of armed conflicts has a long and dark history. Examples include Moses, speaking for the God of the Israelites, ordering the killing of all Midianite women and Male children (The Holy Bible in Numbers 31:17-18), the Massacres of the Kalingas by Ashoka in India, the massacre of some 100.000 Hindus by Muslim troops of Timuretc; see generally Fritz Munch, History of the Laws of War, In R. Bernhard (ed) (2000) Encyclopaedia of Public International Law, Volume IV, PP. 1386-8.

[7] Example of when the expression of humanitarian norms to protect victims of armed conflicts were made could be found in the Old Testament, when the King of Israel prevented the slaying of the captured following the prophet Elisha’s admonition, to spare enemy prisoners. In answer to a question from the king, he said, “You shall not slay them, would you slay those whom you have taken captive with your sword and your bow? Set bread and water before them, that they may eat and drink and go to their master” (II Kings 6:21-23). Also, in ancient India, there are records for example of the Laws of Manu, describing the types of weapons that should not be used. (Law of Manu VII. 90). Ancient Islamic Laws indicated that combatants who did not take part in fighting such as women and children, monks, hermits, the aged, blind and insane were not to be molested. Majid, K. (2006), War and Peace in the Law of Islam, New York, NY: Law book Exchange, ISBN 1-58477-695-1, PP. 103-4.

[8] The United Nation Charter, article 56.

[9] Victoria, M. T.,{2014} “women, law and human rights in cameroon” Journal of law and conflict  Resolution, Department of Sociology and Criminal Justice, old dominion university Norfolk, Virginia p.2

[10] Victoria M. Time op.cit p.2

[11] Ibid p.2

[12] See the case of Maya Ikome v. Manga Ekemason] CASWP/CC/76/85 [unreported].

[13] See Article 4(1) of the AU Constitutive Act.