ABSTRACT

The necessity to protect the rights if Persons with Disability is so important that the government has attributed Non-governmental Organizations a special role to play in the protection of the rights of PWDs. However, despite the impressive structures of extant laws, and notwithstanding the energy, zeal and actions envisaged in the adoption of these laws, and the role played by NGOs so far in protecting rights of PWDs, national realities routinely fail to keep up the pace with the aspirations of lawmakers as the violation of the rights of PWD’s persist. This makes the research to ask the question; how effective are Non-Governmental Organizations in protecting the rights of persons with disability in Cameroon? To answer this question, the research assumes that that the rights of persons with disabilities are not effectively protected by NGOs in Cameroon. To ascertain this hypothesis, this research adopts the doctrinal method of research and findings reveal that the ineffectiveness of NGOs to effectively protect the rights of PWDs is because of lack of sufficient funding and insecurity in Cameroon, impeding the functioning of NGOs. It is thus recommended among others that NGOs should adopt pro-active measures of protection instead of reactive measures, while looking for alternative sources of funding.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Study

“Traditionally, disability has not been regarded as a human rights issue”. As recently as 17 years ago, it was not so broadly acknowledged. Although there had been prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective^[1],  the characterization of “disability rights” (especially the rights of persons with mental disabilities) as a social issue was not discussed in a global public, political, or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality of all people, regardless of abilities, disabilities, or differences, and obligates society to remove the attitudinal and physical barriers to equality and inclusion of people with disabilities

Approximately one billion people, 15% of the global population experience some form of disability, with 110 -190 million experiencing significant disability.[2] These persons face disproportionate socio-economic marginalization, resulting in poorer health and medical treatment, lower quality education, limited employment prospects and generally broad-ranging restrictions on their community participation. Persons with Disabilities (PWDs) face significant levels of discrimination and are often prevented from participating in their communities.[3] This exacerbates their plight and thus necessitates the quest for the protection of their rights.[4] The fact that PWD’s can be frequently prevented from enjoying their basic human rights by persons with whom they interact further demands and justifies their lawful protection. In recent years, there has been increasing recognition of the need for proactive measures, beyond anti-discrimination legislation, to ensure the substantive equality of all class of persons.[5] The specialized corpus juris for the protection of the rights of PWD’s recognizes this and permits the adoption and implementation of international, regional and national substantive and procedural measures for their protection.

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. The importance of the protection of the rights of PWD’s marks the beginning of the enactment and implementation of laws geared towards the eradication of the gangrene. These laws are being accompanied by laudable institutional mechanisms for their implementation. There exist a plethora of laws for the protection of the rights of PWD’s in Cameroon. These laws encompass International Ratified Conventions, Regional Norms and Domestic Statutes. An analysis of these laws will help provide a better grasp of the legal framework both at the international, regional and national levels. The principal international texts that have been established to protect the rights of PWD’s include, the 1948 Universal Declaration of Human Rights[6] and the 2006 Convention on the Rights of Persons with Disabilities[7]. These Conventions are applicable in Cameroon by virtue of Article 45 of the Cameroonian Constitution[8] and at the regional sphere, there exists the African (Banjul) Charter on Human and Peoples Rights.[9]

At the Domestic level, there exist a plethora of laws for the protection of the rights of PWD’s. The Cameroonian Constitution, the highest law of the Land, provides in its preamble[10] that “the state shall provide all its citizens with conditions necessary for their development;- the state shall ensure the protection of minorities and shall preserve the rights of indigenous populations in accordance with the law”. The Preamble of the Cameroonian Constitution, therefore, obliges the state to ensure the protection of minorities. Worth mentioning is the fact that PWD’s generally fall under the category of minorities, and hence their protection. This is accompanied by the 2010 Law Relating to the Protection and Welfare of Persons with Disabilities is the main law that protects the welfare of PWD’s in Cameroon,[11] and its 2018 Decree of Application.[12]

It is the primary responsibility for the state to promote and protect the human rights of all its citizens. However, an additional support for the implementation of international human rights come from concerned community and Non-governmental Organizations which have a special role to play in the development of the universal culture of human rights. The 1990 laws in Cameroon marked a remarkable change with respect to human rights all across Africa. This wind of change blew into Cameroon and gave birth to the promulgation of numerous laws on human rights and liberties. Among these laws is Law N^o 90/053 of 19 December 1990 on Freedom of Association^[13] which is a right guaranteed in the Constitution of Cameroon.^[14] From 1990, many associations were created through a simple declaration made to the competent authorities and those that already existed were able to obtain legal recognition. In 1999, Law N^o 99/014 of the 22/12/1999 on the Organization of Non-Governmental Organizations was promulgated^[15]. By virtue of this law, NGOs were charged with the responsibility of promoting and protecting human rights in Cameroon. They work together with social actors, the civil society and sometimes with or against the government in developing agendas for action. Through treaty negotiations with government, they seek to establish international standards for state behavior. To mobilize public opinion, they investigate and report human right abuse and offer direct assistance to victims of those abuses. These enhance the functioning of both National and International NGOs in Cameroon like PLAN International, CARITAS, and many other local NGOs, to protect the rights of persons with disability.

1.2 Statement of the Problem

The protection of the rights of persons with disabilities has been necessitated by the existence of the much-heralded Universal Declaration of Human Rights and the 2006 Convention on the Rights of Persons with Disabilities. Nationally, there exists a surfeit of laws for the protection of the rights of PWD’s. These laws include, inter alia, the much-heralded 1996 Cameroonian Constitution, and the 2010 Law Relating to the Protection and Welfare of Persons with Disabilities and its Decree of implementation as well as the 1999 Law on the organization and functioning of Organization of Non-governmental Organization, which attributes the role of protecting disabled persons to NGOs.  However, despite the impressive structures of extant laws, and notwithstanding the energy, zeal and actions envisaged in the adoption of these laws, and the role played by NGOs so far in protecting rights of PWDs, national realities routinely fail to keep up the pace with the aspirations of lawmakers as the violation of the rights of PWD’s persist. Disabled persons continuously face challenges in accessing work, their right to education and an adequate standard of living among others.  Against this backdrop, this study seeks to examine           the extant measures put in place for the protection of the rights of PWD’s in Cameroon with particular focus on the role of NGOs.

1.3 Research Question

1.3.1 Main Research Question

How effective are Non-Governmental Organizations in protecting the rights of persons with disability in Cameroon?

1.3.2 Specific Objectives

Why is it important for NGOs to protect the rights of Persons with Disabilities in Cameroon?

What are the mechanisms used by NGOs in protecting the rights of persons with disability in Cameroon?

What are the challenges faced by NGOs in protecting the rights of persons with disability?

What recommendations can be made for NGOs to effectively protect the rights of PWDs in Cameroon?

[1]E.g., O’Connor v. Donaldson , 1975 (unconstitutional to confine a non dangerous person capable of surviving safely in freedom to a mental hospital); Wyatt v. Stickney ,1971; Wyatt v. Aderholt, 1974 (persons with mental illness have constitutional right to adequate treatment in mental hospital); Lessard v. Schmidt , 1972 (a statute that fails to provide a person alleged to be mentally ill with adequate procedural safeguards is unconstitutional); Winterwerp v. the Netherlands , 1979 (detention on grounds of unsoundness of mind must be based on objective medical evidence of a true mental disorder, be a proportionate response, and be carried out in accordance with a procedure prescribed by law); see generally, 1 Perlin, 1998; 2 Perlin, 1999b.

[2] World Bank Disability: Overview (2017), Available at www.worldbank.org/en/topic/dissability/overview (Accessed on the 10/06/2024).

[3] Halima D, “Human Rights of Persons with Disabilities: Challenges of Protection and Enforcement in Nigeria”, (2020), Vol.1, Issue 4, Pp  1-15: 1.

[4] Julinda B et al., Access to Justice for Persons with Disabilities: From International Principles to Practice, (International Bar Association, 2017), P. 5.

[5] Eilionoir F, “Making Human Rights Meaningful for People with Disabilities: Advocacy, Access to Justice and Equality before the Law”, (2013), The International Journal of Human Rights, Vol.17 Pp. 491 – 510: 491.

[6] The Universal Declaration of Human Rights 1948

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

[8] Article 45 of 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.

[9]The African (Banjul) Charter on Human and Peoples Rights adopted on the 27^th of June 1981, the charter entered into force on the 21^st of October 1986.

[10] Preamble of the Cameroon Constitution read along side Article 65 of the Constitution

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

[12] 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

[13] Law No 90/053 of 19^th December 1990 on Freedom of Association

[14] The 1996 Constitution of Cameroon

[15] Law No 99/014 of the 22/12/1999 on the Organization of Non-governmental Organization