ABSTRACT

The dissertation titled “A Legal Appraisal on the Fight against Cyber Crimes in Cameroon” seeks to the measure put in place to fight against cybercrimes in Cameroon. As technology advances, so too are the negative aspects of it are being developed rapidly by hoodlums, whose intentional acts is to derive financial gains, thus constitute Cybercriminality. With this, Cameroon is not excluded as the rate at which Cameroonian are affected is alarming. Based on that, the question that was posed in the work was questioning the extent to which the applicability of the legal framework for the fighting against Cyber criminality in Cameroon. To that effect, the main objective of this work was to examine the effectiveness of the legal framework for the fighting against Cyber criminality in Cameroon. The work assumes that the legal framework for the fighting against Cyber criminality in Cameroon is ineffective. In the course of work, both the doctrinal and emperical research method was adopted and was based on the exploitation of primary and secondary sources of data collection. The findings of the work discovered that Cameroon has done its best by putting in place both legal and institutional frameworks in fighting against cybercrimes, but that this could not be done smoothly without facing some challenges. Some of these challenges are such as limited knowledge of users, inadequacy of the Law, lack of expertise on the part of investigating officers, lack of evidence just to name a few.  To that effect the work proposed some recommendations like; continuous training of staff on the manner of investigating cybercrimes, sensitization of the public about this crimes, the proper implementation of the laws, just to name a few. If all of these are implemented, it will go a long way to improve the fight against cybercrimes in Cameroon.

CHAPTER ONE

GENERAL INTRODUCTION

1.1: Background to the Study

The Internet is one of the fastest-growing areas of technical infrastructure development. Today, information and communication technologies (ICTs) are omnipresent and the trend towards digitization is growing. The demand for Internet and computer connectivity has led to the integration of computer technology into products that have usually functioned without it, such as cars and buildings.[1] Electricity supply, transportation infrastructure, military services and logistics, virtually all modern services depend on the use of ICTs.

Although the development of new technologies was mainly focused on meeting consumer demands in western countries, developing countries has also benefited from new technologies.[2] The availability of ICTs and new network-based services offer a number of advantages for society in general, especially for developing countries. ICT applications, such as e-government, e-commerce, e-education, e-health and e-environment, are seen as enablers for development, as they provide an efficient channel to deliver a wide range of basic services in remote and rural areas. All these development has led to a wide range of challenges known as Cybercriminality.

Until 1992, Cameroon still used the traditional media devices such as press, radio, television, based on the star model. Telephone networks provided a one on one communication. Throughout 1996, internet was regularly mentioned in the speeches of Cameroonian officials. In February 1997 and April 1999 respectively, the internet arrived Cameroon with an American firm AT&T, and with an agreement with Teleglobe, a Canadian company, which installed a second channel of arrival of the internet in Douala, Cameroon.[3]

Even though the introduction of the internet brought development in the industrialized world, Cameroon only benefited narrowly from this development, due to weak technology. According to the 2017 report of International Telecommunication Union, only 1,006,494 out of the 21,700,000 estimated total population of Cameroon make use of the internet. Today the wide range of internet users in Cameroon continues to expand daily, as internet communication, most especially the social media platforms[4] has become a fashioned of both the older and younger generations.

The primary initiative of the arrival of internet in Cameroon was to expose the country to better opportunities, increase technology for progress. However, today this view is taking a different dimension. Internet arrival in Cameroon has not just provided an opportunity for development but has also presented a ground for exploitation for criminal activities.[5] There is a tremendous shift from the local knowledge of criminology to cybercrime. Cybercrimes locally called “scamming”, increases daily in Cameroon with new forms of attacks such as ATM hacks, simbox fraud, wildlife fraud, visa fraud and many more.[6] Advanced technology is more of a threat to the Cameroons with ATM cards fraud and simbox fraud fast developing in different regions.

The impact of cybercrimes is one, which the world’s economy cannot claim a blind eye to. This is evident as daily; institutions around the world and Cameroon in particular are suffering from this criminal practice. Nonetheless, stamping it out looks almost impossible and it leaves us asking if there are any steps taking to realize it complete eradication.[7]

Cameroon today is one of the countries in the world that have accepted the use of the internet and other technology tools to engage in personal and business activities. This wide acceptance of internet technology in Cameroon has led to an increase in computer crimes & security threats in Cameroon. Generally in Cameroon, cybercrimes come in the form of; fraudulent electronic emails, identity theft, cyber harassment, spamming, pornography, hacking, ATM hacks, simbox fraud, wildlife fraud, visa fraud and many more. This phenomenon leads to internet extortion in Cameroon a threat to the lives of Cameroonians, their economy and the reputation of Cameroonians in the international scene, thus combating cybercrimes in Cameroon is necessary.[8]

The phenomenon is gaining more grounds in the country with economic consequences doubling in less than two years according to a recent report by the National Agency of Information and Communication Technologies, ANTIC.[9] This situation therefore gives us a worry as the extent to which cybercrimes are being combatted in Cameroon, hence leading to our problem statement.

1.2: Problem Statement

With the advancement registered in the digital technology with almost all human endeavours being digitalized, millions of transactions, useful financial data, and information are stored in an electronic communication networks and information systems. As technology advances, so too are the negative aspects of it are being developed rapidly by hoodlums, whose intentional acts to derive financial gains constitute Cybercriminality. According to analysis made from the work Regina Ekoa[10], in 2015 alone, the Cameroon economy loose about 26billion FCFA through cybercrimes. Her statistics reveals that local banks lost over 3 billion FCFA through the fraudulent act of hacking magnetic, Cameroon’s treasury incurred a 4 billion FCFA loss, and the was hit was the four communication services in Cameroon through SIM fraud losing a hoping sum of over 18 billion FCFA.

Equally, recent report of the National Agency for Information and Communication Technologies (ANTIC) indicates that Cameroon lost a colossal sum of FCFA 12.2 billion to the phenomenon in 2021. The ANTIC report shows the amplitude of the phenomenon with financial losses doubling from FCFA 6 billion reported in 2019 to FCFA 12 billion in 2021. Various forms of cybercrimes exist today as the phenomenon has become an everyday parlance in the country. A 2021 study titled “Understanding Cybercrimes as Practiced in Cameroon, authored by René Ntoko Ntonga of the University of Yaounde II identifies 10 different forms of cybercrimes. Amongst them are online scamming, phishing attacks, hacking and cyberstalking and identity theft amongst others.[11] Our worries are that despite the fact that Cameroon has put in place a strong legal[12] and institutional[13] framework in combating cybercrimes, the situation is still alarming as people keep on falling victims on daily bases. This leads us to our research question.

1.3: Research Question

In order to archive this work, the research has posed some questions which are both the main research question and subsidiary questions of the research.

1.3.1: Main Question

            The main question to be asked here is to what extent is Cameroon fighting against Cybercriminality with regards to Law No 2010/012 of 21 December 2010 relating to Cybersecurity and Cybercriminality in Cameroon.

1.3.2: Other Questions

The other questions to be asked here are as follows:-

• What are the various cybercrimes that are recognised in Cameroon?
• What are some of the effects on victims of cybercrimes in Cameroon?
• What are the preventive and curative measures put in place to fighting against Cybercriminality Cameroon;
• What are the challenges encountered in the course of this fighting Cybercriminality in Cameroon? and
• What are some of the possible recommendations that can be proposed to better ameliorate the situation of fighting against cybercrimes in Cameroon.

1.4: Research Hypothesis

This research presumes that with the strong legal and institutional framework put in place in Cameroon in combating cybercrimes, that if there were proper enforcement mechanisms, the act of Cybercriminality would have been greatly minimized in Cameroon.

1.5: Objectives

In order to answer the question posed in this work, the research had some objectives which are both the main objective of the research as well as its specific objectives.

1.5.1: Main Objective

The main objective of this research is to investigate and evaluate the extent to which Cameroon is fighting against Cybercriminality with regards to the Law No 20102/012 of 21 December 2010

1.5.2: Specific Objective

The Specific objectives of this research work are thus examined as follows:-

• To examine the various cybercrimes that are recognised in Cameroon;
• To look at some of the effects on victims of cybercrimes in Cameroon;
• To analyse the preventive and curative measures put in place to fighting against Cybercriminality Cameroon;
• To bring out the challenges encountered in the course of this fighting Cybercriminality in Cameroon; and
• To propose some possible recommendations that can be proposed to better ameliorate the situation of fighting against cybercrimes in Cameroon.

[1]  Prof. Dr. Marco Gercke, Understanding Cybercriminality: Phenomenon, Challenges and legal Response, ITU 2012, p.8

[2] Ibid

[3] Regina Ekoa, (2018), “A review of Cybercrime in Sub-Saharan Africa: A Study Cameroon and Nigeria”, International Journal of Scientific & Engineering Research, Vol. 9, Iss. 5, p.211-228.

[4] Facebook, WhatsApp, Instagram, YouTube, Twitter, TikTok, Messenger, just to mention these few.

[5] Ibid, note 3.

[6] Ibid.

[7] NTOKO NTONGA RENE, Understanding Cybercrimes as Practice in Cameroon, available online at

 https://ssrn.com/abstract=3835231, accessed last on the 25/03/2024 at 10:30am

[8] Barr. Mafany Victor Ngando, Combating Cyber Crimes in Cameroon, available online at

 https://kinsmenadvocates.com/combatig-cybercrimes-in-cameroon/, accessed last on the 25/03/2024 at 10:30am

[9] Source available at https://www.cameroonbusinesstoday.cm/articles/2872/fr/cyber-criminality-multifaceted-modus-operandi, accessed last on the 25/03/2024 at 10:30am

[10] Regina Ekoa, (2018), “A review of Cybercrime in Sub-Saharan Africa: A Study Cameroon and Nigeria”, International Journal of Scientific & Engineering Research, Vol. 9, Iss. 5, p.211-228.

[11] NTOKO NTONGA RENE, Understanding Cybercrimes as Practice in Cameroon, available online at

 https://ssrn.com/abstract=3835231, accessed last on the 25/03/2024 at 10:30am

[12] The 2010 Law Relating to Cybersecurity and Cybercriminality in Cameroon, the 2010 Electronic Commerce Law, just to name a few.

[13] The Ministry of Post and Telecommunication, ANTIC, etc.