CHAPTER ONE

                                                           INTRODUCTION

 1.0. Introduction

                    People with disabilities are one of the most marginalized groups in Cameroon and even the within the global society1. This study is a critical analysis of the legal framework on the rights of persons with disabilities in the university of Bamenda. It examines the legal framework which includes the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the  1996 Cameroonian Constitution, as well as other national legislations with a view to determine the extent of its practicability and why despite these provisions, the rights of persons with disabilities (PWDs) in university’s continue to be violated. It goes ahead to make recommendations on possible ways to fully guarantee and safeguard the rights of the PWDs in Cameroon. People with disabilities are sometimes a diverse group of people with a wide range of needs. Two people with the same type of disability can be affected in very different ways. A disability maybe visible or hidden, maybe permanent or temporary and may have minimal or substantial impact on a person’s abilities. To be deemed a disability, the impairment or condition must impact daily activities, communication and/or mobility, and has lasted or is likely to last 6 months or more.

    1.1 Background to the Study

                  The international and regional human rights systems remain one of the greatest achievements in the internationalization of human rights  and today the systems  are important venues for the protection and promotion of human rights and in particular people with disability2. Globally, there have been spirited efforts by people with disability to establish their legal rights as bona fide members of society. This is predominantly influenced by their size which has been increasing for the past two decades. The World Health Organization (WHO) estimates that globally, there are over two billion people living with disability; with 80% of that population living in developing countries3. According to the Centre for Inclusive Disability and Development Innovations4, the

approximate number of disabled people in Cameroon is 5.4% which translet to more than a million people living with disabilities5.

The United Nations (UN) projected that in every ten people in Cameroon, one person is suffering from one type of disability or the other6. It is also reported that out of every  10 persons with disability in the country, nine live below the poverty level7. The number of people living with disability is likely to increase in the future due to an increase in natural disasters, armed conflicts, disease and an ageing population8. Frequent and fatal road accidents that cause serious injuries, stroke, paralysis, as well as the continuous threat and suffering from infectious diseases, such as meningitis, tuberculosis, small pox, polio, also cardiovascular diseases, hypertension, diabetes, cancer  among  others,  are  responsible   for  the   ever-increasing  disabilities  that  millions   of Cameroonians suffer from.

People living with disabilities (PWDs) face significant levels of discrimination9. It is evident that, compared to non-disabled persons, people with disability have lesser legal protection, live in extreme poverty, poor health, lack access to educational facilities and are rarely involved in social, cultural and political participation. Using Cameroon as a case study, despite committing to key international and domestic instruments, 25 million disabled citizens continue to live in relative poverty and are often impeded in their access to public service and opportunities10.

Worth noting is the fact that disability prevalence would likely increase in the future. This due to increased natural disasters, armed conflicts, diseases and an ever-ageing population. However, it was  only  in  2009,  that  the  European  Court  made  its  first-ever  findings  on  disability discrimination11. The decision of the court underscores the importance of the protection of the rights of PWD’s and marked the beginning of the enactment and implementation of laws geared

towards  the  eradication  of  the  gangrene12.  These  laws  are  being  accompanied  by  laudable institutional mechanisms for their implementation.

The protection and promotion of rights of disable persons in Cameroon is governed by Law N0. 2010 /002 of 13th April 2010 on the protection and promotion of persons with disabilities. Decree N0.2018/5233/PM of July 2018 lays down the procedures for the application of Law N0. 2010 / 002 of 13th April 2010 on the protection and promotion of persons with disabilities in Cameroon. The provisions of this decree apply to persons with disabilities holding a National Disability Card and justifying a permanent potential incapacity Rate (IPP) of at least fifty percent (50%). It involves the educational and vocational training of persons with disabilities, employment for persons with disabilities, access for persons with disabilities to infrastructure, housing, transport and communication, access of persons with disabilities to political, sport, artistic, cultural and leisure activities, medical management and disability allocation for persons with disabilities.

However, despite the impressive structures of extant laws, and notwithstanding the energy, zeal and actions envisaged in the adoption of these laws, with its language raising expectations of good behavior, national realities routinely fail to keep up the pace with the aspirations of lawmakers as the violation of the rights of PWD’s persist13. Against this backdrop, this study seeks to x-ray and expound on the extant measures put in place for the protection of the rights of PWD’s in Cameroon. It is addressed to PWD’s, state authorities, Non-Governmental Organizations (NGO’s), legal practitioners and other stakeholders charged with the duty to protect and promote the rights of PWD’s. It also examines the legal framework within which the rights of PWDs are addressed in Cameroon. It further considers whether their physical limitation is a complete limitation in the Cameroon society. Finally, it then examines the extent to which these laws impact the people living with disabilities in the country, identifies barriers and provides recommendations in tackling the barriers

1.3 Statement of  problem

Disadvantaged groups are likely to experience inequalities in accessing services and may suffer cultural and economic marginalization. Persons living with disabilities are some of the world’s largest minorities and over the years, they’ve been discriminated upon, treated as less than humans, side-lined, neglected, and seen as an object of pity and instrument for alms begging. They also suffer inhospitable physical environment (i.e., inaccessible buildings and transport facilities), suffer various human rights abuses, stigma and lack access to healthcare, housing and education. In short, they’ve not always been treated fairly and equally.

The current vicarious situation of PWDs means that human rights have become the major global approach to social justice for this class of persons. To this end, there have been a number of United Nations’ resolutions, declarations and human rights instruments that have incrementally sought to protect PWDs from discrimination. The most comprehensive initiative was the adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). According to the United Nations17.

…the Convention follows decades of work by the United Nations to change attitudes and approaches to persons with disabilities. It takes to a new height the movement from viewing persons with disabilities as “objects” of charity, medical treatment and social protection towards viewing persons with disabilities as “subjects” with rights, who are capable of claiming those rights and making decisions for their lives based on their free, and informed consent as well as being active members of society>>

But despite all the promise that the UNCRPD held at the time of its adoption, among other local statute that has been enacted, the question still remains whether or not it has or it will deliver the rights guaranteed therein and consequently reduce inequality and discrimination against PWDs and as the Convention correctly points out in its preamble that

…despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world19.

There is an imperative need to set up a national mechanism to monitor the application of these laws and regulations. PWDs are a vulnerable group and must be protected and this influenced my decision to write on this project topic.