ABSTRACT

This study aims to investigate the human right to access justice, with a particular focus on the situation in Cameroon. It traces the historical context of the quest for justice among Cameroonians, notably in Southern Cameroon. Access to justice has been a persistent issue over the years, and despite efforts from states, civil societies, international organizations, and Non-Governmental Organizations (NGOs) to ensure this right, challenges still persist. Factors such as corruption, low levels of public awareness, poverty, disregard for the rule of law, and ineffective governance contribute to the ongoing problem of access to justice.

The barriers to accessing justice are multifaceted, necessitating comprehensive and long-term policy solutions that involve collaboration at all levels. Reforms should encompass various aspects, including financial and educational improvements, simplifying legal procedures, and enhancing the availability and accessibility of judicial institutions. This research aims to assess the extent to which individuals can access justice in Cameroon and explore potential measures for enhancing access to justice on both the international and national fronts.

CHAPTER ONE GENERAL INTRODUCTION

1.1 INTRODUCTION

The essence of the legal system has always been deeply rooted in the fundamental human right to access justice, which serves as a safeguard against arbitrary actions and ensures the rule of law. The ability to access the justice system, receive a fair and just hearing, and secure remedies is a core element of the concept of rights within the context of the legal framework. The idea that rights necessitate the capability to secure a remedy through the justice system is inherent from the outset. It is the foundation upon which the entire framework of “rights” law is built. This framework assumes the existence of government, justice, and the accessibility of these systems. It presupposes that rights cannot exist or hold significance if the system is inaccessible and fails to provide fair and just proceedings and outcomes.

The access to justice movement, which originated in many Western countries in the immediate aftermath of World War II, sought to address this issue systematically. It evolved through three distinct “waves” of change, as described by M. Cappelletti and B. Garth. The “first wave” centered on providing legal aid, focusing on ensuring access to legal representation for those who are economically disadvantaged. Subsequent waves expanded the emphasis from the right to legal representation in the first wave to group and collective rights in the “second wave.” The “third wave” witnessed the development of alternatives to litigation in court for dispute resolution and justice problem-solving, along with reforms aimed at simplifying the justice system and enhancing accessibility. M. Cappelletti and B. Garth referred to the third wave as the emergence of a fully developed access to justice approach.

Access to justice is a fundamental principle within the rule of law. Without access to justice, individuals are unable to voice their concerns, exercise their rights, challenge discrimination, or hold decision-makers accountable. Equal access to justice is a right that should be enjoyed by all, including members of vulnerable groups. It is incumbent upon states to provide fair, transparent, effective, non-discriminatory, and accountable services that promote access to justice for all, ensuring impartial justice delivery.

Access to justice encompasses both social and distributive justice. Social justice pertains to the manifestation of human rights in the daily lives of society, while distributive justice deals with the equitable allocation of resources among the diverse members of a community. These perspectives are interconnected, as the existence and effectiveness of one aspect are largely determined by the level of the other. Access to justice is a prerequisite for the realization of all other rights, be they civil, political, or economic.

The United Nations (UN) highlights the independence, impartiality, and integrity of the judicial system as essential prerequisites for upholding the rule of law. It emphasizes that justice administration should be free from discrimination. The UN collaborates with national partners to develop strategic plans and programs for justice reform and service delivery. These programs address various challenges in the justice sector, such as police brutality, inhumane prison conditions, lengthy pre-trial detention, and impunity for perpetrators of crimes. They also aim to strengthen the connection between formal and informal justice structures.

The consolidation of human rights within democratic governance, decentralization, and balanced development is a common topic of discussion. These concepts place justice at the core of the social mechanism, reinforcing the rule of law. As stated by the President of the Republic of Cameroon, rendering justice is a significant responsibility, with justice serving as a vital social regulator in a state governed by the rule of law.

The justice continuum begins with the formulation and substance of the law and extends to the various stages and forms of its enforcement. Operational challenges are associated with these processes. While Cameroon’s legal system has established provisions for access to justice, the technical nature of the law, complex procedures, inadequate legal assistance, illiteracy, socio-economic disparities, excessive delays, and corruption compound the problem of accessing justice. Many people avoid pursuing legal action because they perceive it as too complex or feel that inaction is the easier path, adding another layer of complexity to the issue. Individual cases often rely on specific arrangements rather than general legal principles, and barriers can render the exercise of justice difficult. Alternative forms of problem resolution are frequently sought, but they may not always yield the desired outcomes.