Abstract

Defenders can be of any gender and background and their activities can vary from monitoring, reporting, disseminating, educating, advocating, or defending rights before the justice system. In Cameroon, human rights defenders and journalists critical of the government are particularly targeted and often face harassment. Security forces have tortured beaten, harassed, and abused citizens, journalists, detainees and human rights defenders. This research study examines the effectiveness of protection mechanisms for human rights defenders in Cameroon and proposes comprehensive policy recommendations to enhance their safety and well-being. In so this study adopts a qualitative methodology essentially based on doctrinal research making use of content analysis and interpretation of primary and secondary sources of data. The study acknowledges the vital role played by human rights defenders in promoting and safeguarding human rights in the country, while also recognizing the numerous challenges they face. Through an analysis of the regulatory frameworks and mechanisms currently in place, the research highlights gaps and limitations that hinder the adequate protection of human rights defenders. These include inconsistent implementation, weak enforcement, and insufficient resources dedicated to their safety. Based on the findings, this study proposes a holistic set of policy recommendations to strengthen the protection of human rights defenders in Cameroon. These recommendations encompass multiple dimensions, including legal reforms, institutional strengthening, capacity-building programs, international cooperation, and awareness-raising efforts. The proposed measures aim to create an enabling environment where human rights defenders can operate without fear of reprisals or attacks. It will demonstrate the country’s commitment to upholding human rights standards and create an environment where human rights defenders can carry out their vital work in a safe and enabling manner.

     CHAPTER ONE

GENERAL INTRODUCTION

Defenders can be of any gender and background and their activities can vary from monitoring, reporting, disseminating, educating, advocating, or defending rights before the justice system. HRDs can be individuals, groups and organs of society that promote the rights of other individuals or the rights of members of groups such as indigenous communities. In the         definition of groups, there should      be an understanding that this includes not only those acting and defending fundamental rights on behalf of others (e.g. CSOs, media, academia), but also affected individuals defending the communities to which they belong and collectively, communities fighting for their rights.This chapter provides evolution of the concept of Human Right Defenders in the background to the study, discusses the problem that necessitated the research, the methodology employed, the objectives to be achieved and the significance and justification for the study, amongst others.

 1.1 BACKGROUND TO THE STUDY

It means a great deal to those who are oppressed to know that they are not alone. Never let anyone tell you that what you are doing is insignificant.[1]

According to the UN declaration on the protection of human right defenders 1998 human right defenders (HRDs) are identified as individuals or groups who act to protect, promote or strive for the protection and realization of human rights and fundamental freedom through peaceful means.[2]

The whole concept of Human Rights Defender (HRD) can be traced as far back to the end of the Second World War with the birth of the United Nations, whose main goal was to promote and protect world peace and trumpet the protection of human rights, leading to the adoption of the universal declaration of human right (UDHR). The birth of the United Nations emerged strongly after the Second World War in 1945 after the trails held in Tokyo and Nuremberg and officials from the defeated countries were punished for committing war crimes, crimes against humanity, and crimes against peace.

Governments in themselves decided to establish the UN with the primary goal of promoting and protecting international peace, they wanted to ensure that never again would anyone be denied life, freedom, shelter, and nationality. The emergence of these Human right principles was captured in president Franklin Delano Roosevelt’s 1941 state of the union address when he spoke of the world founded on four essential freedoms, the freedom of speech, freedom of religion, and freedom from what to want and freedom from fear.[3]

This led to the call for all governments across the globe to put in place human right standards against which nations could be held accountable. The commission proceeded to draft two treaties, the international convention on civil and political right (ICCPR) 1966 and it optional protocols[4], the international covenants on economic, social and cultural right (ICESCR) 1966[5] together with the UDHR 1948[6] they are commonly referred to as The Bill of Human Right these covenants trumpet the extension of the rights to everybody and prohibit discriminations.

In addition to the international bill of human right, the UN has adopted more than 20 principal treaties further elaborating on human right among which are the convention to prevent and prohibits special abuses like torture and genocide and to protect vulnerable populations such as refugees (1951)[7] women (1979)[8] and children (1989)[9] Among this was the declaration on the protection of human right defenders which was adopted 13 years after rejections and disagreement.[10]

The idea of the declaration on the right to promote and protect human right defenders was a Canadian initiative in the 1980’s at the UN commission on human right.[11] The four runner of today’s human right council resolution (1980/23) which appealed to all government to encourage and support individuals and organs of society exercising their rights and responsibilities to promote the effective observation of human rights.[12]This timing can also be seen as political because after so many years of the then cold war between the west and the communist east both blocs had become more interested in creating a more stable and predictable interactional system.

The adoption of the Helsinki final act in 1975, by 35 states from both blocs at the conclusion of the conference for security and corporation in Europe (CSCE) was important in this regards.[13]This act played a very important role in improving the relationship between the east and west and it led to the declaration that, human rights were principles of international relations and thus gave human right a more important role in the east west agenda, these documents contain some formulators that are reflected in the 1998 declaration on the protection of Human Rights Defenders.

Despite the Helsinki final act 1975, it was not possible to establish independent NGO’s in the eastern bloc countries. In the following years dissidents from the Soviet Union on the other hand and from other countries in the eastern bloc succeeded in establishing contracts with western human right organization and governments. Human right violation and Political repression in the eastern bloc became more public due to this newly establish contract.

After an increase in the arrest of human right defenders and dissident in the Last part in the 1970’s, the following (CSCE) conferences were increasingly used by the western government as a forum to publicly criticize human right violation in the eastern bloc.

The Helsinki final act therefore became the cornerstone in supporting dissident in Eastern Europe and also paves the way for resolution (1980/23) and its follow up process and crucial elements of the resolution which was difficult to accept for countries in the eastern blocs, was the acknowledgment that effective implementation of international standard of human right relies in the work of activists and civil society group both inside and outside relevant states that such work potentially expose this individuals to increased risk. Inspired by resolution (1980/23) the sub-commission of human right commission presented some guiding principles in March 1984, the same year the human right commission establish the working group to prepare a declaration on the subject. The working group existed until 1998 and was opened for participation for all state.[14]

In addition several international NGO’S took part in the negotiation. During the work of the draft declarations, a lot of changes took place worldwide including the collapse of the Soviet Union. The fall of the last military dictatorship in Latin America and the end of apartheid in South Africa. Though this changes contributed a lot in the completion of the declaration, there were still considerable resistance which continued till the end process.[15]

In 1992, the Working Group presented a preliminary draft in the Human Rights Commission, with a view to submitting a finalized text to the General Assembly at the 1993/94 session. Due to the many disagreements, it would take another five years before the Working Group was able to present a final text to the Human Rights Commission. Given the disagreements, it came as a surprise, even to many of the participants in the negotiations, that the Working group was able to reach a consensus. Even the last sessions of the Working Group were characterized by strong disagreements. In fact, as late as in the 1990s, many of the NGOs involved, including Amnesty International, considered withdrawing on several occasions, due to what they saw as the futility of the process.[16]

The draft Declaration was adopted through consensus by both the Commission and the General Assembly. The resolution, in which the General Assembly adopted the Declaration[17], had more than 55 co-sponsors from all regions, although only a few Asian countries co-sponsored the resolution. Israel was the only co-sponsor from the Middle East.

Immediately after the adoption by the General Assembly in December 1998, Egypt made a statement on behalf of 26 countries, which, with the exception of Cuba, were all from Asia and Africa. The statement emphasized respect for the sovereignty of States and their territorial integrity and non-interference in their internal affairs. Furthermore, it was stated that the rights and obligations stipulated in the Declaration should be exercised in full conformity with domestic law, and that “any interpretation that creates rights and obligations not provided for by domestic laws does not correspond to our understanding”.

At the regional level, The African Commission on Human and Peoples’ Rights meeting at its 35th Ordinary Session held from 21st May to 4th June 2004, in Banjul, The Gambia, established the special rapporteur on human rights defenders.

 The mandate called for the special rapporteur to seek, receive, examine and act upon information on the situation of human right defenders in Africa, submit reports at every ordinary session of the African commission, cooperate and engage in dialogue with member states,[18] national human right institutions, relevant intergovernmental bodies, international and regional mechanisms of protection of human right defenders and other stake holders.

This mandate was renewed through resolutions adopted at the 38^th ordinary session in 2005, the 42^nd ordinary session in 2007, the 46^th ordinary session in 2009 and the 49^th session in 2011.

By ratifying the International Covenant on Civil and Political Rights (ICCPR) in 1984, the Cameroonian authorities pledged to respect and protect the rights to freedom of association, expression and assembly that are also guaranteed in the Universal Declaration of Human Rights, as a result of article 45 of the Cameroon constitution.

These international instruments include the principle of non-discrimination, the right to privacy, a ban on arbitrary arrests and detentions and the right to a fair trial that defenders like all other individuals should be entitled to when exercising their function.[19]

By adhering to these standards, Cameroon recognized the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, as stipulated in the 1998 UN Declaration on the protection of human rights defenders. Under international law, Cameroon has the obligation to protect the rights of human rights defenders, under the specific watch of the United Nations Special Rapporteurs on the situation of human rights defenders and on the rights to freedom of peaceful assembly and of association.[20]

At the regional level, Cameroon is bound by the provisions of the African Charter on Human and Peoples’ Rights which was ratified in 1989.[21] This Charter obliges the States Party to respect freedoms of association, expression and assembly and the African Commission on Human and Peoples’ Rights, which is the supervisory organ of the Charter, has appointed a Special Rapporteur on Human Rights Defenders in Africa to ensure respect of these rights.

In May 2014, the ACHPR adopted a resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity that calls on State Parties to ensure that human rights defenders work in an enabling environment that is free of stigma, reprisals or criminal prosecution as a result of their human rights protection in April 2011,[22] Cameroon set up an inter-ministerial committee to monitor and implement decisions made by the international mechanisms for the promotion and protection of human rights.

 The committee is chaired by the Secretary General of Services of the Prime Minister’s Office or his representatives. It is hosted by the services of the Prime Minister and reports directly to the President of the Republic. The Committee was particularly tasked to implement the recommendations accepted by Cameroon at the end of the various cycles of the Universal Periodic Review.

• STATEMENT OF THE PROBLEM

The protection of HRDs in Cameroon is woefully inadequate, leaving them vulnerable to threats, violence, and reprisals. Despite existing national and international legal frameworks that safeguard HRDs’ rights, such as the UN Declaration on Human Rights Defenders and the African Charter on Human and Peoples’ Rights, implementation and enforcement remain lacking in Cameroon. The government’s failure to address this issue undermines the fundamental principles of democracy, rule of law, and respect for human rights within the country.

• RESEARCH QUESTIONS

The study is divided in to main and specific research questions

1.3.1 Main Research question

How effective is the protection of Human Right Defenders in Cameroon?

• Specific Research questions

• What is the concept of Human Right Defenders in Cameroon?
• What are the regulatory legal and institutional frameworks for the protection of Human Right Defenders in Cameroon?
• How effective are the mechanisms for the protection of Human Right defenders in Cameroon?
• What policy recommendations can be provided to strengthen the protection of Human Right Defenders in Cameroon?

1.4. OBJECTIVES OF THE STUDY

1.4.1 Main objective

The purpose of this work is to examine the protection of Human Right Defenders in Cameroon.

• Specific objectives

• To discuss the concept of Human Right Defenders in Cameroon
• To examine the regulatory frameworks for the protection of Human Right Defenders in Cameroon.
• To examine the effectiveness of the protection of Human Right Defenders in Cameroon.
• To propose policy recommendations to help strengthen the effectiveness in implementing the protection mechanisms