CHAPTER ONE

GENERAL INTRODUCTION

Human trafficking has unquestionably become one of the most sensitive and important concerns in recent years, affecting not only the nations involved but also the international community. Since the beginning of the nineteenth century, human trafficking has affected practically every continent on the planet. Human trafficking, in general, and child trafficking in particular, may be considered a grave violation of human rights. The infringement of human rights in this case can be seen on two levels: on an individual level and on a society level Individual human dignity is violated; personal liberty, freedom of movement, privacy, and the right to self-determination are all impacted. It breaches the right to freedom from slavery on a societal level. This is because those who are trafficked are frequently subjected to slavery, such as forced labor, which can be seen as cruel and inhumane treatment. The act itself could be considered criminal. Transnational organized crime is frequently involved, and the act is frequently linked to illegal activities including drug trafficking and money laundering. Human trafficking has recently grown to enormous proportions both within and across national borders in several countries. Prior to the new trafficking protocol, human trafficking was regarded as a form of prostitution between the victims and the traffickers, making it difficult for legal scholars to ascertain the true nature of the crime. This chapter unravels the historical evolution of human trafficking in the background to the study, discusses the problems that necessitated the research, the methodology employed in the study, the objectives to be achieved and the significance and justification of the study, among others.

1.1 BACKGROUND OF THE STUDY

“Some would say that slavery ended when the 13^th amendment was passed in the USA in the 1865. This, unfortunately, is not true. Humans are still sold and bought against their own will. The format, however, is more modern and not easy to spot. It is called Modern Slavery”[1]

The high demand of money in the society has led to disparity of human beings which would do anything to have money until going to the extent of selling their fellow human being. The Barbaric nature of men started far back in the 18^th Century in Africa where Slave Trade was the Economic Business of the day, where millions of Africans were sold each year but this was abolished by George Washington (black American who was once a slave) in 1865. As Centuries added on Slave Trade was still creeping amongst humans but was camouflaged as a black-market trade. The question is what illicit trade is this? The problem is the once Slave Trade which existed far back as the 18^th Century not only exits but is still alive today in a more modern way as Human Trafficking.

Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation[2]. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs[3].

The United Nations Global Initiative to Fight Human Trafficking (UN. GIFT) aims to mobilize State and non-State actors to eradicate human Trafficking by (a) reducing both the vulnerability of potential victims and the demand for exploitation in all its forms; (b) ensuring the efficient prosecutions of the criminals involved while respecting the fundamental rights of the persons. In carrying out its mission, UN. GIFT will increase knowledge and awareness on human trafficking; promote effective rights- based responses, build capacity of State and noon- State actors and faster partnerships for joint action against human trafficking.’’[4]

The widespread contemporary exploitation of men, women and children is unacceptable to people of conscience all over the world. Traditional approaches to preventing human trafficking in human beings, to protect and assist trafficked persons and bring criminals to justice have had some small impact on the global phenomenon, but not enough.[5]

National and international agents of Human rights have been preoccupied with efforts to combat the rapidly growing problem of Human Trafficking throughout the world. The most prominent entity in this connection is the United Nations (UN). Under Article 3 (a) of Protocol 2000, the UN committed to specifically fight human trafficking. The Protocol, which was adopted as Resolution 55/25 of 15 November 2000, seeks to prevent, suppress and punish trafficking in persons Although this resolution is a decade old, national and regional effort to combat trafficking leave much to be desired.[6]

Human Trafficking as a product of external forces has a long history in Africa. Its origin in modern African history can be traced to the Trans-Atlantic slave trade[7]. The introduction of new ideologies, including Islam and Christianity colonialism and imperialism, as well as the imposition of the capitalist mode if production conspired to breathe new life into human trafficking and concomitant activities on the continent since the mid-19^th century. The deeply-entrenched nature of these new ideologies and modes of production is indicative of the influence of forces rooted in the Arabia and Western Europe on Africa.[8] The rates of human trafficking in different parts of Africa have also increased considerably due to capacity gaps in the management of sub-regional economic cooperation and regional integration initiatives among African states. [9]This situation led to several interventions by policy makers and other stakeholders at the continental, regional and national levels. However, many African countries are still finding it very challenging to combat human trafficking due to ineffective policies and capacity, even where legislation is in place. The combination(s) of lack of political will, political and institutional corruption, and a range of other underlying perennial socio-economic problems that these countries are confronted with have made the fight against human trafficking almost insurmountable.[10]

Cameroon is a country of origin, transit, and destination for children subjected to trafficking in persons, specifically forced labour, and a country of origin for women in forced labor. Individual trafficking operations usually involve the trafficking of two or three children at most, as when rural parents hand over their children to a seemingly benevolent middleman who may promise education and a better life in the city. A 2007 study conducted by the Cameroon government reported that 2.4 million children from Cameroon’s ten regions involuntarily work in forced domestic servitude, street vending, and child prostitution, or in hazardous settings, including mines and tea or cocoa plantations, where they are treated as adult laborers. An unknown number of these children are trafficking victims[11].

Traffickers capture Nigerian and Beninese minors attempting to transit Cameroon on their way to Gabon, Equatorial Guinea, or neighboring countries. They are forced to stay in the nation and work. Unknown numbers of Cameroonian women are led abroad by false marriage proposals on the Internet or offers of domestic help, and end up as victims of forced labor or forced prostitution, primarily in Switzerland and France, but also in Russia, according to recent reports. This trafficking is allegedly aided by crooked officials who receive bribes in exchange for issuing travel documents[12]

The Government of Cameroon does not fully comply with the minimum standards for the elimination of trafficking. However, it is making significant efforts to do so. Despite these efforts, the government did not show evidence of increasing efforts to convict and punish trafficking offenders, including complicit officials, and to identify and protect victims of trafficking. While state prosecutors coordinated efforts with Interpol to investigate suspected trafficking offenses, particularly in the Northwest Region, there have been no reports of new trafficking prosecutions or convictions.[13]

The Government of Cameroon demonstrated weak anti-trafficking law enforcement efforts over the last year. The government enacted no relevant legislation during the reporting period, and the country does not have a law prohibiting all forms of trafficking in persons, as its 2006 draft law against adult trafficking has yet to be passed and enacted. The country’s existing 2005 law against child trafficking and slavery prescribes a penalty of 20 years’ imprisonment for these offenses a punishment that is sufficiently stringent and commensurate with penalties prescribed for other serious offenses.[[14]]

During the reporting period, authorities investigated 26 new cases of human trafficking, as well as 18 other cases of possible trafficking offenses, none of which has resulted in a prosecution. All of the 26 cases involved children, and 10 of the cases were arrests and detentions pending trials. Several factors delay these cases, including the limited number of gendarmes and police officers available in rural areas, poor understanding of trafficking issues among victims who may be illiterate, and the lack of any security units specifically assigned to anti-trafficking details. The remaining 16 cases were alleged trafficking offenders who were caught in the act and arrested, but finally released after the matter was resolved either at the level of security forces, social affairs agencies, or a human rights lawyer’s chambers.[[15]]

Cameroon has adopted numerous measures to combat trafficking, among which is the Penal Code, a comprehensive criminal text that enumerate crimes and their corresponding punishments. State the specific provision that criminalizes the offence in the Penal Code. In addition to the Penal Code, the Criminal Procedure Code is also applicable in this domain, a legislation that outlines procedures and practices in criminal matters.

The Criminal Procedure Code lays down the principles and procedures involved in criminal actions. This law stipulates the rules which deal particularly with the investigation of offences, the search and identification of offenders, the method of adducing evidence, the powers of those charged with prosecution, the organization, composition and jurisdiction of courts in criminal matters, verdict, sentencing, the right of parties and the method of executing sentence.[16]

Cameroon belongs to the family of nations that recognize in the dignity of human beings, an essential value that should serve as the foundation for the creation, interpretation and application of positive law. As a result, Cameroon has legislations that punish trafficking in persons. This is captured in the Revised Cameroon Constitution of 1996[17], “The Republic of Cameroon…”Shall ensure the equality before the law of all its citizens”[18].The law punishing trafficking in Cameroon is the Law N° 2011/024 December 14, 2011 relating to the fight against smuggling and trafficking in persons. its section 3(1) complements the Penal Code as it states that Whoever subjects a person to debt bondage shall be punished with imprisonment for from 5 (five) to 10 (ten) years and a fine of from 10 000 (ten thousand) to 500 000 (five hundred thousand) CFA francs.. Section 1 of Penal Code emphasizes that there is no exemption by enacting that all persons are subject to the criminal law.[19] This thesis there seeks to examine the role played by the criminal law in the fight against trafficking in Cameroon.

1.2 STATEMENT OF THE PROBLEM

Despite the efforts made by the state in addressing the issue of human trafficking, in addition to the use of the criminal law, records indicate the practice remains widespread in the country. It is obvious that the Cameroon constitution in its preamble seeks to protect human rights of all persons. The Cameroon Penal Code[20] was implemented on 12 November 1965, under which human trafficking was only penalised as an international crime[21]. Section 276 of law N^o 2016/007 of 12 July 2016 relating to the Cameroon penal code criminalizes the offence and Law N° 2011/024 December 14, 2011 relating to the fight against smuggling and trafficking in persons. In 2005, Cameroonian National Assembly and President Paul Biya enacted an Anti-Child Trafficking Law[22], in cooperation with the International Labour Organisation which took effect in December 2005. In December 2011, Cameroon passed comprehensive anti-trafficking legislation, repealing the 2005 anti-trafficking law that criminalised the trafficking of children but not adults. However, despite this legislation, traffickers are rarely convicted or prosecuted.

The Government of the Republic of Cameroon does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The governments of Cameroon, NGOs, churches, international partners are all putting immense efforts to tackle human trafficking in Cameroon.  The battle against human trafficking in Cameroon is still having a long way to go just like in many other Sub-Saharan African countries. According to the Trafficking in persons reports No 16 of the year 2016 it states that the government of Cameroon is still doing very little to contain this trade as compared to the percentage of the number of cases of trafficking in her country. The practice of trafficking in persons is persisting and it is in a rise in Cameroon

On the foregoing, the research is predicated on investigating the reasons for the upsurge in trafficking in spite of the anti-trafficking initiatives adopted by the state.

1.3 RESEARCH QUESTIONS

My study is divided into main and specific research questions.

1.3.1 Main Research Question

• How effective is the criminal law of Cameroon in combatting human trafficking?

1.3.2 Specific Research Questions

• What is the concept and nature of human trafficking and the criminal law?
• What is the regulatory framework for human trafficking?
• How effective is criminal Law in combating human trafficking in Cameroon?
• What possible recommendations can be advanced to effectively address the problem of human trafficking in Cameroon?

1.4 RESEARCH OBJECTIVE

This research has both main and specific objectives;

1.4.1 General Objective

• To examine the effectiveness of the Criminal law in combating human trafficking in Cameroon

1.4.2 Specific Objectives

• To examine the concept and nature of human trafficking and the criminal law
• To examine the regulatory framework for human trafficking.
• To investigate the effectiveness of criminal Law in combating human trafficking in Cameroon
• To propose possible recommendations that can be advanced to effectively address the problem of human trafficking in Cameroon