CHAPTER ONE

GENERAL INTRODUCTION                                   

1.1      BACKGROUND TO THE STUDY

Every society has its laws which govern relationships between individuals, individuals and the state as well as between the state and other states. This is captured by the Latinism „’Ubi societa

Ibi jus.‟‟ The violation of these laws gives rise to sanctions against the defaulters and where the defaulters are Recidivist, more aggrieved sanctions are meted out to them. These violators, who are termed offenders, are generally of varied ages, of different social backgrounds and sexes. Offenders of different categories have problems which are peculiar to that category. Among these categories are young offenders who are termed juveniles^[1]. Juveniles are generally considered in terms of their age at the date of the commission of the offence or crime. Every country has an age of penal majority below which any offender is termed a juvenile or minor. In Cameroon, it is considered that anyone below the age of 18 is a minor^[2].Courts upon adjudicating cases, they have acknowledged the special characteristics attributed to juveniles because of their relatively young ages and immaturity and the impact of adverse socio-economic conditions which may drive them

into     crime.     Cameroon     is     a    State     Member    of     many    African    and    International

Conventions^[3]promulgating human rights in general and the protection of minors in particular. The latter is defined by domestic law with respect to age^[4]. Hence, the Penal Code (hereinafter PC) provides different treatments to children depending on whether they are below the age of 10, between 10-14 years, or between 14-18 years; the Code  recognizes that a minor or juvenile is any person aged less than eighteen (18) years^[5].   The definition provided for in the Beijing Rules^[6] adopting the UN Standard Minimum for the Administration of Juvenile Justice reveals that the term juvenile does not necessarily correspond to the concept of age. Section 2(2)(a) of Beijing Rules defines  a juvenile as a child or a young person who, under the respective legal systems, may be dealt with for an offence in a manner which is different from an adult. Referring to the Penal Code of Cameroon, section 349 (2) provides that “… any lunatic notorious or so found, and any spendthrift so found, shall be treated as a minor”. Thus, it is the way in which the law is applied that dictates whether an offender is also a juvenile for purposes of law^[7].

In respect of the criminal principle “nullum crimen, nulla poena, sine lege“, to wit, no penalty or measure may be imposed unless provided by law, and except in respect of an offence lawfully defined^[8],the Penal Code of Cameroon has provided a bulk of offences committed on children. Severe measures are taken for the protection against sui generis crimes on minors and common offences have seen their punishment being aggravated because the victim is a juvenile.

The Penal Code provides different offences against which minors in Cameroon are to be protected of. The list is not exhaustive, Cameroon continuously bringing in new offences recognized by

International law. The provisions on these offences on children are aimed at deterring their potential perpetrators. The said crimes can be classified into sexual offences on minors‟ offences on children and family and on Children liberty. In general, sexual offences are those having sexual gratification as the offender’s predominant or overt motivation in their commission^[9]. Some of these offences take the form of a sexual aggression, consisting as they are of injury and affront to a non-consenting person. Others are breaches of sexual taboo and intercourse with severely subnormal persons. They are punishable even if the other party gave consent.  Examples of this group of offences committed mostly on minors are rape, indecency with young people and immoral earnings^[10].

There are two predominant interests that the criminal law seeks to protect: the interest of the child and the interest of the family. Protection of the child is warranted by the fact of the child’s immaturity and consequential vulnerability to exploitation. The family deserves protection of the law because its stability and cohesion contribute to the equilibrium of the society in general^[11]. The subject matter of this work is to examine the protection and trial of juveniles in Cameroon.

1.2       STATEMENT OF THE RESEARCH PROBLEM        

The Convention for the Rights of the Child^[12] was the first international instrument to adopt a coherent child rights approach to the international legal regulation of the deprivation of liberty for children. It recognized that separation in the justice system for adult and children can only occur if the system of justice to which children are subject observes the safeguards which are incorporated into international human rights law.  In compliance with internationally recognized principles, Cameroon has laid down a comprehensive normative framework in the administration of juvenile justice. Theoretically, the legislation provides measures which to a greater degree satisfy the requirements of international standards on infant justice. It also spells out the implementation mechanisms geared towards encouraging and promoting the protection of children victims and offenders. It requires that victimized or delinquent children must be treated in a manner consistent with protection of their rights. Hence, measures should be taken with desirability of promoting their rehabilitation, reintegration and their assumption of a constructive role in society. While the legislative framework on the administration of juvenile justice in Cameroon may currently be adequate, the implementation of the national law then becomes the primary mechanism through which human rights are realized.  The lack of many of the structures for the execution of special measures related to juvenile justice in Cameroon and the compliance with international standards and the autocratic view of some judges in the application of laws are ambits to the compliance with international standards^[13]. 

The interest of a young delinquent requires that he/she is not exposed to publicity during his/ her criminal prosecution. It is for this reason that a special court is constituted to try young offenders. Although Cameroon does not have specially designated juvenile courts, section 713 of the CPC converts the court of first instance into a juvenile court with jurisdiction to try felonies, misdemeanours and simple offences committed by children and young persons. However, section 716 of the CPC permits the trial of a minor in the ordinary court in accordance with ordinary rules of criminal procedure where a minor is involved in the same offence as an adult.  This was recalled at and  underlined in  The People of Cameroon v. Njoka Bruna Ning^[14] where after the Expert opinion of Dr Enow Erock George received in evidence and marked exhibit  ‘A’  revealing that the accused’s age as at the 21/02/2012 is estimated to be about 18 years, Justice Charles Namme Menyoli held that since the accused was less than  18 years of age at the time of the commission of the offence, and mindful of the provisions of section 713 of the CPC, contrary to the learned Prosecuting Counsel’s submissions, that the court to try the accused is the court of first instance Buea. The accused, appearing before the High court of Fako division, was therefore before the wrong court. And so the problem faced with the protection and trial of juveniles in Cameroon is that some autocratic judges do not respect the principles as laid down in the penal laws of the country.

1.3       RESEARCH QUESTIONS

• What is the protection of juveniles during criminal investigations in Cameroon?
• How has the Cameroon criminal justice system addressed trials with juveniles?
• What are the challenges faced in the protection of juveniles in Cameroon?
• Are there some policy recommendations on the improvement of the juvenile justice system in Cameroon?

1.4 RESEARCH OBJECTIVES 

The objectives of this research are both general and specific:

1.4.1 General objective

The general objective of this work is to critically examine the Cameroon juvenile justice system.

1.4.2 Specific objectives

The specific objectives of this work are:

1. To examine the protection of juveniles during criminal investigations in Cameroon.
2. To explain how Cameroon criminal justice system addresses trials with juveniles.
3. To identify the challenges faced in the protection of juveniles in Cameroon.
4. To make some policy recommendations on the improvement of the juvenile justice system in Cameroon.

[1] Section 2 of the Children and Young Person‟s Act 1958 states that „‟ A person under 14 years of age while a young person as someone who falls between 14 and 17 years of age.‟‟

[2] Section 80 of Law No.90/061 of 19^th December 1990 as amended and supplemented by Law No.2016/007 of 12^th July 2016 relating to the Cameroon Penal Code.

[3] Cameroon has ratified many conventions for the administration of juvenile justice under the United Nations Human Rights System and the African Union Human Rights System. Indeed, Cameroon recognises the Universal Declaration of Human Rights (UDHR) of 10 December 1948, the International Covenant on Civil and Political Rights (ICCPR) of 1966, the Convention on the Rights of the Child (UN General Assembly Resolution 44/25 of 20 November 1989 and entered into force on 2 September 1990) ratified by Cameroon on the 11 January 1993, the African Charter on Rights and Welfare of the Child commonly called African Children’s Charter (Adopted by the OAU Assembly of Heads  of States and Governments on 11 July 1990, and came into force on 29 November 1999) ratified by Cameroon on 5

September 1997, African Charter on Human and Peoples’ Rights called African Charter (Adopted by the OAU Assembly of Heads of States and Governments on 17 July 1981 and entered into force on 21 October 1986) ratified by Cameroon on 20 June 1989.

[4] See section 80 of the Cameroon penal Code which stresses that „„(1) No criminal responsibility shall arise from the act or omission of a person aged less than ten years. (2) An offence committed by a person aged not more than 10 years and not less than fourteen years may attract only such special measure as may by law be provided. (3) For an offence committed by a person aged over fourteen

[5] Cameroon Criminal Procedure Code, Section 700 (1) “A preliminary inquiry shall be compulsory for a felony or a misdemeanour committed by minors aged less than eighteen (18) years”. Section 80(4) Penal Code provides that” A person aged eighteen years or over shall be responsible as an adult”. The African Children’s Charter, section 2 and the CRC in section 1, define a minor as every human being below the age of 18 years. It should be noteworthy that this definition of a juvenile is subjected to domestic legislations.

[6] UN General Assembly Resolution 40/33 of 29 November 1985 adopting UN Standard Minimum for the

Administration of Juvenile Justice, called the “Beijing Rules”.

[7] Eric Ngonji Njungwe,  International Standards on Juvenile Justice: Implications of the New Criminal Procedure Code on the Administration of Juvenile Justice in Cameroon, CJDHR, Vol.2, N° 2, December,2008, P. 60.  

[8] Section 17 of the Cameroon Penal Code provides that “No penalty or measure may be imposed unless provided by Law, and except in respect of an offence lawfully defined.”

[9] Carlson Anyangwe, Criminal Law in Cameroon. Specific Offences, Mankon-Bamenda, “Langaa Research § Publishing Common Initiative Group”, 2011, p. 499.

[10] Eric Ngonji Njungwe,  International Standards on Juvenile Justice: Implications of the New Criminal Procedure Code on the Administration of Juvenile Justice in Cameroon, CJDHR, Vol.2, N° 2, December,2008, p. 60.  

[11] Ibid. 

[12] Cameroon signed the Convention on the Rights of the Child on the 25^th of September 1990 and ratified it on the 11^th of January 1993.

[13] Eric Ngonji Njungwe,  International Standards on Juvenile Justice: Implications of the New Criminal Procedure Code on the Administration of Juvenile Justice in Cameroon, CJDHR, Vol.2, N° 2, December,2008, p. 60.

[14] The People of Cameroon v. Njoka Bruna Ning (2014), SUIT N° HCF/52C/13, Tuesday, 4 February 2014.