COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF CAMEROON
The Committee on Elimination of Racial Discrimination has considered the combined fifteenth to eighteenth periodic reports of Cameroon on how that country implements the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
Joseph Dion Ngute, Minister-Delegate with the Minister of Foreign Affairs, introducing the report, said that Cameroon had more than 250 ethnic groups, determined by their dialects. However, the Government had decided not to include on civil registry documents any discriminatory information other than sex. The Government's priority was to reduce disparities in access to and supply of education. For that purpose, in 2006, it had adopted the Sectoral Education Policy, setting out education policy around four main pillars: universalizing primary education; improving access and equity; improving teaching and relevance of teaching; and improving management and governance. Positive discrimination measures, including scholarships and exemption from fees, were also applied for girls, children with disabilities, and marginal populations. The constant focus of the Government to promote equal access by all to guaranteed rights was also to be seen in the treatment of foreigners: refugees were given equal treatment, including with regard to freedom of religion, freedom of association and movement, the right to justice and the rights to work, property, education, housing, and health.
In preliminary concluding observations, Kokou Mauwena Ika Kana Ewomsan, the Committee Expert serving as Rapporteur for the report of Cameroon, congratulated Cameroon on its efforts to protect and promote human rights. What was actually essential was the political will of the authorities to move forward, and that could be seen. The Committee had particularly looked at the situation of indigenous populations in Cameroon, and the need to adopt special measures when they were victims of discrimination. Cameroon also needed to maintain bilingualism, which was an asset, and to eliminate discriminatory customary practices against women.
Other questions and issues raised by Committee Experts over the course of the two meetings included the situation of albinos in Cameroon; the need for disaggregated data on the various populations, to be able to analyse the incidence of discrimination; a lack of focus in the report on specifically racial and ethnic discrimination; the need to amend laws on land ownership so as not to discriminate against indigenous peoples; and the need to put greater emphasis on human rights training for State agents such as the police, magistrates, and other personnel.
The delegation of Cameroon also included representatives of the Permanent Mission of Cameroon in Geneva, the Ministry of Foreign Affairs, and the Ministry of Justice.
When the Committee reconvenes at 3 p.m. today it will take up the combined seventeenth and eighteenth periodic reports of the Netherlands (CERD/C/NLD/18).
Report of Cameroon
The combined fifteenth to eighteenth periodic reports of Cameroon (CERD/C/CMR/15-18), which covers the period from August 1997 to September 2008, says the legal framework for promoting and protecting human rights in Cameroon is clearly set out in the 1972 Constitution, revised by the law of 18 January 1996, which incorporated in substance both the 1948 Universal Declaration of Human Rights and all the conventions pertaining to that declaration to which Cameroon is party. Many laws and regulations have gradually been introduced to enhance the rights and freedoms incorporated into the Constitution. The institutional framework that secures the promotion and protection of human rights is made up of the political institutions, an independent judiciary, an emerging Constitutional Council, a national institute for human rights with enhanced powers, as well as technical authorities. In recent years, Cameroon has adopted two significant measures to prohibit discrimination in education: firstly, “[t]he law shall guarantee to every person equality of opportunity in regard to access to education, without distinction as to gender, political, philosophical and religious opinion, social, cultural, linguistic or geographical origin”; secondly, by decision of the Head of State, primary education was made free of charge throughout the whole of Cameroon from the 2000/01 school year. The Government has also adopted a raft of measures designed to eliminate all forms of discrimination in politics, and, in addition to awareness-raising measures, has been working to achieve the representation of all population groups without distinction on all electoral lists, as well as the involvement of national and ethnic minorities in the electoral process.
In its preamble, the Constitution recognizes that all Cameroonians have equal rights and duties, and states clearly that “the State shall ensure the protection of minorities and shall preserve the rights of indigenous populations in accordance with the law”. One of the prime responsibilities assigned to the Ministry of Social Affairs is combating social exclusion and, more particularly, implementing, monitoring and evaluating programmes and policies pertaining to the social rights and socio-economic integration of marginal groups in the population. The Government has, consequently, adopted a number of measures for the benefit of these marginal groups in an effort to eliminate all forms of discrimination in their regard, particularly in the fields of education, health care, the supply of hydro-electricity and foodstuffs and the agro-pastoral system. Various national solidarity measures have been put into effect for the benefit of the marginal population groups, in collaboration with the other authorities and partners, with the aim of eliminating all forms of discrimination likely to result in their social exclusion. This is entirely in line with the policy of integrating these groups in the development process. In order to secure lasting protection for the rights of the marginal population groups, the Government has undertaken to draft a law for their protection and advancement. A call for tenders has already been launched in regard to the drafting of this bill.
Presentation by the Delegation
JOSEPH DION NGUTE, Minister-Delegate with the Minister of Foreign Affairs of Cameroon, presenting the report, noted that in preparing the consolidated report they had respected the guidelines of the Committee, and the participatory method, which involved civil society and all concerned Government structures. During the reporting period, the Government had worked to improve its laws in conformity with the Convention, and to ensure that all members of the population and those present on the national territory enjoyed all rights on an equal basis. It also particularly sought to ensure that the recommendations made by the Committee on 20 March 1998, when Cameroon’s last periodic report had been presented, were implemented.
In terms of regulations and norms, Mr. Dion Ngute said a number of international documents had been adopted, including United Nations protocols and conventions on trafficking in persons, on corruption, on discrimination against women, and others, such as the United Nations Convention on the Rights of Persons with Disabilities.
Mr. Dion Ngute noted that Cameroon had more than 250 ethnic groups, determined by their dialects. However, the Government had decided not to include on civil registry documents any discriminatory information other than sex.
The Government's priority was to reduce disparities in access to and supply of education, and for that purpose, in 2006, it had adopted the Sectoral Education Policy, setting out education policy around four main pillars: universalizing primary education; improving access and equity; improving teaching and relevance of teaching; and improving management and governance. Cameroon had also established priority areas to focus its efforts on education, as could be seen in the creation of new schools and the assignment of quality staff to those schools.
Awareness-raising activities and advocacy was undertaken, and the State promoted the recruitment of persons with disabilities into education, giving them specific training. Positive discrimination measures, including scholarships and exemption from fees were also applied for girls, children with disabilities, and marginal populations. All of that was covered by the Plan of Education For All, which established that primary education should be free for all, and making free education mandatory. As a result of all those efforts, there was now a net attendance rate of 82 per cent, one of the highest in sub-Saharan Africa, Mr. Dion Ngute observed.
The concern to combat racial discrimination could also be seen in other sectors, including Justice, where a law had been adopted to ensure the right to defence of indigent persons and the possibility to invoke international treaties before the courts, Mr. Dion Ngute said. Any racist propaganda was prohibited in Cameroon, and punished under the Criminal Code and the law.
The constant focus of the Government to promote equal access by all to guaranteed rights was also to be seen in the treatment of foreigners: refugees were given equal treatment, including with regard to freedom of religion, freedom of association and movement, the right to justice and the rights to work, property, education, housing, and health.
The Government of Cameroon was proud of the progress it had made in the fight against discrimination, but remained concerned by a certain number of facts, among which was the access of Pygmies and Mbororos – marginal populations – to land and ownership of land. Due to those populations’ nomadic tradition, it was difficult for the Government to legally register their land assets, making it difficult to provide them with compensation.
Questions by Experts
KOKOU MAWUENA IKA KANA EWOMSAN, the Committee Expert serving as Rapporteur for the report of Cameroon, welcomed the progress achieved in terms of the protection and promotion of human rights in Cameroon. It was also pertinent to note that Cameroon had met its obligation to present its report within the required timeframe.
Looking at Cameroon’s institutional machinery to protect human rights, Mr. Ewomsam noted that the National Committee of Human Rights and Freedoms that had opened in 1990 was now the National Commission of Human Rights and Freedoms. He encouraged the Government to redouble its efforts in strengthening the latter institution in the principles of parity, independence, and financial independence. Cameroon was also the headquarters of the Centre for Human Rights and Democracy in Africa, tasked with defending the Government before international human rights bodies.
It was interesting and worthwhile to recognize that Cameroon was a country of ethnic diversity, made up of over 250 ethnic groups. However, there was a need to further examine whether there was a true policy to eliminate racial discrimination. The Criminal Code needed to be harmonized. There were ethnic problems in Africa, and thus further efforts needed to be made to ensure that there was no discrimination caused by that. While there were a lot of Constitutional mechanisms in Cameroon in that regard, they showed a certain lack of harmonization.
With regard to the education of indigenous groups, several civil society organizations had said that there was no law to ensure the children of those groups had access to education, and a number of obstacles to their education subsisted, such as the need for birth certificates and other documents. Access to public services was difficult in certain areas because of the cost of those documents and the remoteness of the location. There were also hindrances that had to do with insults and degrading behaviour from teachers, as well as parallel costs such as school supplies. What measures did the State contemplate to make free education a true reality for children of these indigenous groups, Mr. Ewomsan asked?
The Government's efforts on the education of girls were to be commended. There were still some discriminatory practices, but the Government was aware of that, and had undertaken awareness campaigns in that regard. The Committee also commended the efforts made for disabled persons.
Mr. Ewomsan was further concerned about the situation of Pygmies and the Mbororos, as those groups had a number of problems including low school attendance, poverty, exclusion, dispossession of land, and identification problems. Cameroon had provided precise information on those indigenous groups. However, it should further elaborate on which ethnic groups were considered marginal populations, and provide additional information on projects to improve their living conditions.
There was a master-slave relationship with regard to certain populations, with forced settlement making them easy workforces to recruit, for derisory wages. There was a need to protect those populations, which needed to be allowed access to their forests, facilitating their access to land rights, and a review of their situation should take account of such realities.
Inter-ethnic conflicts had taken place in some areas, Mr. Ewomsan observed, and Cameroon should explain what measures it had undertaken in those communities to highlight the need for tolerance and peaceful co-existence between all groups. The State was involved in conflict resolution, and the provision of compensation, but it would be interesting to have a discussion with the traditional chiefs and find out what were the causes of such conflicts, making it easier to solve them.
Further, what was the State's position on migrants, in particular undocumented migrants, Mr. Ewomsan asked?
Other Committee Experts then raised a number of concerns and made comments, including the observation that a number of challenges Cameroon faced were endogenous problems in Africa, such as the fact that certain populations still could not exercise their right to be heard or their right to land ownership in post-colonial society. Other subjects of concern or comment included the situation of albinos in Cameroon; whether it was possible for a group of individuals to belong to more than one of the various ethnic groups defined by the State; the need for disaggregated data on the various populations, to be able to analyse the incidence of discrimination; a lack of focus in the report on specifically racial and ethnic discrimination; the need to amend laws on land ownership so as not to discriminate against indigenous peoples; and the need to put greater emphasis on human rights training for State agents such as the police, magistrates, and other personnel.
Response by the Delegation
Responding to those and other questions put by Experts, Mr. Dion Ngute said that, with regard to the Constitutional Council, everything had been put in place to make it effective. The only step remaining was to appoint the members. The process had stalled for the moment, as the Government had realized it needed to review the law on the makeup of the Council. There was a Bill currently under consideration in order to align different institutions with the Constitution.
Cameroon was a country that was at peace with itself and its neighbours, Mr. Dion Ngute observed. In its long history, it had had only a few incidents of conflict, the first being in the early 1980s, and that issue had been dealt with. The second turned on the recent conflict between two communities in the Northwest region. Cameroon prided itself that those incidents were far-flung and very rare, and had been dealt with administratively. In the recent case, there had been a problem that stemmed from worship rights. One group felt that another group had desecrated those rights, with conflict ensuing. However, that had recently been brought under control, stemming from a misunderstanding as it did. The Government put in place an inquiry, and administrative measures were taken. There was now peaceful coexistence between the different groups.
Cameroon did not identify its citizens on the basis of ethnicity. It was Cameroon’s policy, and it was designed to avoid discrimination. With the exception of some indigenous or marginalized groups, Cameroonians were identified by their administrative units. Even the linguistic divide was not as clear as some would like to think; there were no clear-cut distinctions.
There was a quota system for the judiciary, and Cameroon considered that effective, as it had ensured representation of all regions of the country, Mr. Dion Ngute said, adding that Cameroon considered that to be part of balanced development. There was no specific numbers of people from the different ethnic groups, but there were representatives of all regions in the administrative apparatus of the State.
Two groups were generally accepted as indigenous groups in Cameroon – the "Pygmies", a term that was sometimes used in a derogatory manner, justifying the inverted commas, and the Mbororo populations. As far as Cameroon was concerned, any group that characterized itself as such, and presented the attributes of a people with a distinct way of life, cut off completely from other groups, constituted indigenous populations.
In Cameroon, it was very difficult to function today without a national identity card, which, for example, gave you the possibility of getting on the electoral register. Some populations did not bother with such things, and the State was working with them, not to change their lifestyles but to bring them into the national citizenry. There were a number of things that had been designed for them to do so, such as national education programmes. There were also positive discriminatory measures designed to bring those populations into the Cameroonian mainstream. It was sometimes a difficult task, as there was a dichotomy between wanting them to be within the mainstream, and wanting them to be able to carry on their way of life, which was part of their history and identity.
In that connection, Mr. Dion Ngute noted that it was extremely difficult to protect the land rights of the nomadic Pygmy groups, as they moved unexpectedly and did not believe in settling in an area. The Government was doing all it could to assist them, with a child helpline and the creation of a number of reserves and parks which ensured the removal of the population, for whom the Government provided other areas, even constructing housing for them on occasion.
With regard to foreigners living in Cameroon and reports of the mistreatment of Nigerians, Mr. Dion Ngute explained that Cameroon was located in a very volatile subregion – with Chad, the Central African Republic, and Congo all nearby – and they had had a certain number of problems over recent years. There were refugees in Cameroon, but many foreigners did not live as refugees, as they had family members living in Cameroon already, so they just crossed the border and lived with their families. Formerly, part of Cameroon had been part of Nigeria, and a lot of Nigerians had settled in that area. After independence, many did not return to Nigeria and while some acquired Cameroonian nationality, others retained their nationality. That encouraged more Nigerians to come to Cameroon, and there were today 3 million in Cameroon, a country of 19 million. Nigerians and Malians were the only nationals who were permitted to enter Cameroon without a visa, and could stay for up to three months. It was those staying beyond that period who were required to obtain a residence permit. The issue of harassment of Nigerians was a perception, it was not true, and the numbers of Nigerians in the country showed that.
In the context of combating exclusion of indigenous populations, the delegation said the Government had carried out a 3-year project for socio-economic development for a group of Pygmies, which had finished in April 2008. The project sought to make them aware of the importance and procedure of obtaining identity documents, and 467 children had been issued birth certificates. There was also work done on environmental awareness, vaccination, and care for children and pregnant women. A plan for the management of forest resources had also been established and funds assigned to implement the development plans for the Pygmy peoples with the objective of ensuring that the development process would support their rights while supporting their ability to participate in decision-making processes.
It was difficult to provide statistics on discrimination cases, but disciplinary sanctions had been taken against certain members of the police and the gendarmerie who had been convicted of acts of discrimination against foreigners, the delegation said. To ensure that magistrates applied the self-executing provisions of all the international conventions on human rights, seminars were held to strengthen their knowledge and awareness. Moreover, the Directorate worked with all State bodies, organizations and civil society to foster awareness of human rights.
On the integration of the definition of discrimination in the Constitution, in that text, the people of Cameroon declared that all men were equal in rights and duties, and the State had to ensure the necessary conditions for their development to all citizens, without discrimination based on sex, race, gender, or other criteria. It also affirmed the right to development. Cameroon was proud of its linguistic and ethnic diversity, sure that that was something which gave it strength, but was convinced that it was one nation, with one destiny. There was a legal proceedings law, which had to do with substantive law as set out in the Constitution, and that was to be applied to all persons coming under the jurisdiction of Cameroon.
Under the legal reform effort, the Criminal Code was being revamped in order to eliminate any provisions of a discriminatory nature and put it into full harmony with all international instruments which applied, including the Convention on the Elimination of Racial Discrimination, the delegation said. The State ensured the protection of minorities, and protected indigenous populations under the law. Those were groups which had a different definition to that of "peoples".
Preventive actions had been taken by the Ministry of Justice to fight corruption through education, training efforts, and a communication programme. Disciplinary sanctions were applied for any acts that failed in terms of ethics and honesty. Six reprimands, three demotions and two dismissals had taken place in the magistrature in the course of one year. On the banning of political parties and organizations that defended discrimination, the delegation said that the law stipulated that associations based on a cause or on any objective contrary to the Constitution or on mores and standards that were contrary to the national interest were not valid.
In order to bring justice closer to citizens in the distant and remote areas, there were special measures provided. In traditional areas, justice was provided by chiefs who provided judgements in specific areas. If agreement was not reached between parties, then a report was drawn up and the parties were sent either to a further traditional body or to a conventional court.
Albinos were considered in a mystical and religious manner by some Cameroonians, Mr. Dion Ngute acknowledged. In some areas they were considered as good luck, and were treated with care, in others that was not the case, and there was some negative bias. As far as the State was concerned, albinos were given equal treatment.
The National Human Rights Commission made suggestions to integrate human rights into institutions. The number of complaints and the treatment of complaints made to the Commission were treated in concert with the Ministry of Justice and Human Rights, which transmitted complaints to the appropriate bodies for formal investigation. A national plan for the protection and promotion of human rights had been developed, and was awaiting validation by the Government which would then take measures for its implementation. A pedagogical guide on human rights education had also been drawn up.
Human rights were indeed taught at all levels in Cameroonian schools, and had been since September 2008. Human rights were also taught in the National School of Administration and the Police School. On wage discrimination, the general principle of remuneration was that for equal work with equal professional qualifications there should be equal pay for all workers, without discrimination. Cameroon had also ratified ILO Convention No. 100 on equal pay and Convention No. 111 on labour discrimination.
Questions by Experts
In follow-up questions and comments, Experts asked, among other issues, for more information on the use of school uniforms and whether poor children who could not afford them would be excluded from school; the reality with regard to equality of salaries and whether a study had been undertaken in that regard; the need to ensure that the beneficiaries of development were those who had been negatively affected by the process; and what education the general population received about the diverse groups in Cameroonian society, including education to remove stereotypes. Experts also felt the Government needed to look further at a number of issues affecting the marginal and indigenous populations, including displacement, collective rights, and protection of sacred sites, as well as principles of compensation and the notion that such communities should be regarded as partners in development projects.
Response by the Delegation
Responding to questions, Mr. Dion Ngute said the issue of uniforms was general, affecting the entire country, and they were the same across the country. It was a way of levelling social differences among schoolchildren and unifying them. Areas where marginalized groups lived had been dubbed priority zones for education, with the aim of raising their educational level to somewhere along the national average. Nobody would require a Pygmy child to put on a particular uniform. Even if they came to school naked they were accepted in class.
English and French were taught to all Cameroonian schoolchildren, with courses given in the different languages across the entire national territory. That was a policy issue, as the State wished the children to be bilingual in these two languages, as well as knowing national languages.
Providing further information on attitudes towards albinos, Mr. Dion Ngute noted that the World Albino Association was headquartered in Yaoundé, and that had affected public opinion positively, as had Government efforts to make the population aware that they were part and parcel of the nation. The fact that there were Albinos in high decision-making posts in Government was also a sign that that population was accepted in Cameroon.
The issue of establishing an independent national institution dealing with human rights was a real one, Mr. Dion Ngute agreed, and studies were under way to put align the current body with the Paris Principles.
On the various terms used, Mr. Dion Ngute said that the categorization of certain segments as “marginalized populations” was a broad one, broader than that of "indigenous populations". It encompassed some other persons who did not qualify as indigenous, a status which was established by self-identification.
The issue of reserving pastoral land was critical, Mr. Dion Ngute said. Land was limited, and the Government could not let the Mbororos use all the land that was available, as that was contrary to the country's development needs. There were tea plantations growing, and sometimes the land needed to be allocated. All non-registered land was national land. If the State required that land for development purposes, there was a mode of compensation that was granted to anybody who occupied that land.
Preliminary Concluding Observations
KOKOU MAWUENA IKA KANA EWOMSAN, Committee Expert serving as Rapporteur for the report of Cameroon, in preliminary concluding observations, thanked the delegation and congratulated Cameroon on its efforts to protect and promote human rights. The resumption of the dialogue with the Committee had made it possible to evaluate the country's situation with regard to compliance with the Convention. The Committee had been able to examine various aspects of the situation in Cameroon from the point of view of a doctor, examining political, legislative, economic and social progress. What was actually essential was the political will of the authorities to move forward, and that could be seen. The future was promising.
The Committee had particularly looked at the situation of indigenous populations, and the need to adopt special measures when they were victims of discrimination, Mr. Ewomsam highlighted. Cameroon also needed to maintain bilingualism, which was an asset, and to eliminate discriminatory customary practices against women.
For use of the information media; not an official record
CERD10/008E