CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Study

For every modern society to function properly, it is important that the needs of every citizen is taken into consideration. This encompasses the responsibility of the state to protect the rights of all, particularly the vulnerable without distinction. However, persons with special needs often experience numerous challenges hindering the full and effective enjoyment of their rights.[1] A special category of this group is Persons with Disabilities (PWDs) who appear to be the most vulnerable. Globally over 1 billion persons, or 15 percent of the world’s population, live with some form of disability.^[2] When the family members of persons with disabilities are taken into account, an even greater number of people are affected by disability. As a result of global trends in population ageing and an increase in chronic health conditions, natural disasters, armed conflicts and violence, the incidence of impairment and disability among the general population is only going to increase. In all regions of the world, persons with disabilities face exclusion, discrimination and challenges to the enjoyment of their fundamental rights and their inclusion in development.^[3] Persons with disabilities are disproportionately likely to live in poverty and do not have equal access to education, employment opportunities, housing, social protection systems, justice, and cultural expression and participation in political life.^[4]

There is now growing evidence showing that people with disabilities experience poorer health outcomes than those without disabilities and are still left behind.^[5] An estimated one billion of people in the world have some sort of disabilities and 80% of them live in limited-resource settings,^[6] which is largely attributed to their limited enjoyment of their right to work and access to employment. There is also extensive evidence from both high and low-resource settings that people with disabilities face socioeconomic inequities than their non-disabled peers, which include higher rate of poverty, lower education level and increased rate of unemployment.^[7] As these social disparities are in turn strong determinants of health inequities, including restricted access to work opportunities, part of the association between disability and poverty outcomes may be mediated by the socioeconomic disadvantages.

The right to work for all is an internationally recognized right. One of the main sources of the right to work at the international level is undoubtedly the Conventions of the International Labour Organization (ILO). Cameroon is part of the International Labor Organization (ILO)[8], founded in 1919 with the main aim of promoting a work regime in accordance with the needs of workers for a dignified life by all member countries. The ILO is a specialized agency of the United Nations, whose main function is to draft international labor standards in the form of Conventions, recommendations and protocols that determine the minimum conditions of protection at work and to ensure their implementation. States that ratify ILO Conventions are mandatory for implementation according to the constitution of the ILO and will undertake the necessary actions to make applicable the provisions of the conventions. In reinforcement of Article 19, letter (d) of the ILO Constitution, the Vienna Convention on the Law of Treaties should also be considered.[9] One of the most important initiatives of the ILO is the 1998 Declaration on Principles and  Rights at Work, which prohibits forced labor, establishes freedom of association, collective contracts and prohibits discrimination at work. In same manner, other International Human Rights Instruments provide for the equal right to work such as the Universal Declaration of Human Rights,[10] The International Covenant on Civil and Political Rights, the International Covenant on Social, Economic and Cultural Rifights, The Convention on the Elimination of All Forms of Discrimination against Women and The International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families among others.

In assimilating provisions of these laws into national law, The Cameroon Constitution in its preamble makes the right to work an obligation and Article 45 of the Cameroon Constitution[11],                                                                                                                                                              states duly ratified international legal instruments have greater effect on the national instruments protecting the right to work of disable persons. Cameroon is one of the countries that have ratified most of the ILO’s Recommendations and conventions^[12], and Labour Relations in Cameroon today are governed by the 1992 Labour code. To further compound the right to work for persons living with disability, the pivotal United Nations Convention on the Rights of Persons with Disabilities,[13] which was adopted in 2006 and entered into force in 2008, provided an international guide-post for the drafting and/or revision of rights-based legislation in many countries, as well as their respective states, provinces and territories. The protection of persons with disability in Cameroon is governed by Law N° 2010 / 002 of 13 April 2010 on the protection and promotion of persons with disabilities.^[14] The procedure for the application of this law is governs by the 2018 decree[15] Fixing the Procedures for the Application of the 2010 law. 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%).^[16]

Cameroons ratification of all the Human Rights Treaties and inculcation of these principles in the preamble of her Constitution^[17] means the State is subjected to international obligations and have primary responsibility for the promotion and protection of the right to work for persons with disability.

1.2 Statement of the Problem

The right to work is a conventional right applicable to every individual with its importance based on the sustainability of livelihood and the alleviation of poverty. It is even more important for persons living with disabilities because they are an economically disadvantaged group. To this effect, Cameroon has adopted several ILO Conventions enhancing the right to work and equally adopted the 2010 law on the promotion and protection of the rights of Persons with Disabilities. Article 45 of the Constitution has provided for the application of these laws as well as other International Human Rights instruments like the Universal Declaration of Human Rights, International Convenant on Civil and Political Rights (ICCPR), The International Covenant on Economic, Social and Cultural Rights’ (the “ICESCR”), the Convention on the on the Rights of Persons with Disabilities among others. These are efforts to promote the right to work for persons with disabilities.

 Despite being classified as the largest minority group with a greater likelihood of falling into extreme poverty, people with disabilities (PWDs) are frequently forgotten from mainstream development, discriminated upon on work basis, face altitude barriers, and are not equipped with the adequate tools needed for to work. This limits the ability of persons with disability to enjoy their right to work and thus questions the effectiveness of the law in guaranteeing this right.

1.3 Research Question

1.3.1 Main Research Question

Does the law effectively guarantee the right to work of persons with disability in Cameroon?

1.3.2 Specific Objectives

• Why is it important to guarantee the right to work of persons with disability in Cameroon?
• What are the mechanisms put in place to enhance the right to work for persons with disability in Cameroon?
• What are the challenges faced in protecting the right to work of persons with disability in Cameroon?
• What can be done to enhance the right to work of persons with disability in Cameroon?

1.4 Research Hypothesis

This research is carried out on the assumption that the right to work of persons with disabilities is not effectively guaranteed in Cameroon

1.5 Research Objective

This work is guided by a main and specific research objectives

1.5.1 Main Research Objective

To examine the effectiveness of the Law guaranteeing the right to work for persons with disability in Cameroon

1.5.2 Specific Objectives

• To discuss the importance of protecting of the Right to Work of Persons with Disability in Cameroon
• To examine the mechanisms aimed at ensuring the right to work of persons with disabilities in Cameroon
• To highlight the challenges faced by disabled persons in enjoying their right to work
• To propose recommendations for the proper enhancement of the right to work of persons with disabilities

[1] Audrey C., “Human Rights protection for Vulnerable and Disadvantaged Groups: The contributions of the U.N Committee on Economic, Social and Cultural Rights”, Human Rights Quarterly, August 2011, P 683

[2] World Health Organization and World Bank, World Report on Disability (Geneva, 2011). Estimate based on 2010 population.

[3] Eleanor D. K & Brian A C; “Provisions for Health and Health Care in the Constitutions of the Countries of the World”, Cornell International Law , (2004) P. 285. 

[4] Ibid, P. 285.

[5] Emerson, E.; Madden, R.; Graham, et al, (2011), “The health of disabled people and the social determinants of health”. Public Health Journal, P. 125.

[6] Pierre D, Charles M et al “Disability and Access to Sexual and Reproductive Health Services in Cameroon: A Mediation Analysis of the Role of Socioeconomic Factors”, Int. J. Environ. Res. Public Health, Vol 2, (2019), P.2.

[7] Ibid, P. 126.

[8] Cameroon became a member of the ILO on the  07.06.1960.

[9] The Vienna Convention on the Law of Treaties is an international treaty of customary international law, specifically relating to treaties between states. Albania has acceded to the Vienna Convention “On the Law of Treaties”, 1969, and the Vienna Convention “On the Law  of Treaties between States and International Organizations and between International Organizations”, 1986

[10] The Declaration was approved by the General Assembly of the United Nations on December 10, 1948. This Declaration, we can say without any doubt that it constitutes the foundation of the new international system that was created after the end of the Second World War. This act gives equal protection to political, civil, economic, social and cultural rights. Although it is not legally binding in itself, it contains principles that are considered legally binding for States, based on customary international law.

[11] Law N° 2008/001 of 14 April 2008 to amend and supplement some provisions of law N° 96/6 of 18 January
1996 to amend the Constitution of 2 June 1972.

[12] Cameroon has ratified over 50 Conventions such as the Convention on Forced Labour, Freedom of Association and Protection of the Right to Organize Convention, both on 7^th June 1970, Right to Organize and Collective Bargain Convention, on 3^rd September, 1962, etc.,

[13] United Nations Convention on the Rights of Persons with Disabilities 2006

[14]Law N° 2010 / 002 of 13 April 2010 on the protection and promotion of persons with disabilities

[15] Decree no 2018/6233 of July 2018 Fixing the Procedures for the Application of Law N° 2010/002 Of 13 April 2010 on The Protection and Promotion of Persons with Disabilities in Cameroon

[16] Article 2 of the 2018 decree.

[17] Law No 96/06 of 18^th January 1996 Amending the 172 Constitution f the United Republic of Cameroon.