Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
24 November 1999
Share
MORNING
HR/ESC/99/41
24 November 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES CONSIDERATION OF CAMEROON’S REPORT
The Committee on Economic, Social and Cultural Rights this morning continued its consideration of the initial report of Cameroon with a Government delegation saying that no country was free from corruption.
The delegation, despite conceding the presence of corruption, said a 1968 statute in the penal code criminalized active and passive corruption.
According to the 1998 corruption perception index, published in September by Transparency International, a Berlin-based non-governmental organization (NGO), Cameroon was the most corrupt of the 85 countries included in its study.
Cameroon is one of 142 States parties to the International Covenant on Economic, Social and Cultural Rights, and as such it must submit periodic reports to the Committee on the measures taken to implement the provisions of the treaty.
In the beginning of the morning session, the Committee held a brief private meeting to consider a draft statement to be sent to the World Trade Organization (WTO).
When the Committee reconvenes at 3 p.m., it will continue to consider the initial report of Cameroon.
Discussion
In response to a number of questions raised by Committee experts, the Cameroonian delegation said the new Constitution had opened a vast ground in which international instruments ratified by Cameroon were implemented. In addition, the provisions of the Constitution stipulated that duly approved international treaties should override national law. Because the Covenant had been ratified and duly published, it took precedence over the domestic laws; and in any conflict between a provision of the Covenant and a law, the Covenant prevailed.
With regard to gender-based discrimination, the delegation said equality between men and women was formally affirmed in the Constitution, including in the labour and electoral codes. Nevertheless, women appeared to be in a disadvantaged position concerning customary laws. When there was a discrepancy between the customary and written laws, the positive law should take precedence. In the case of divorce, for example, if the traditional jurisdiction was not accepted, it was the written law which had to intervene, the delegation added.
Cameroonian minorities were regrouped by the Government in order to preserve their culture from extinction, the delegation said. Members of the minorities included Pygmies, who lived not only in Cameroon but also in Central Africa, Gabon and Congo. Cameroonian Pygmies had been regrouped to increase their chance of survival and develop their cultural heritages. Those members of the minorities were considered by the Government to be integral parts of the nation, the delegation said.
The delegation told Committee members that no country was free from corruption. However, the 1968 penal code criminalized active or passive corruption. In addition, the General Inspectorate had a nationwide competence to deal with any corruption in the country; and inspectorate branches were created in order to fight corruption. A question could be raised about whether those bodies had achieved their goals in combating corruption or not, the delegation added.
According to the 1998 corruption perception index, published in September by Transparency International, a Berlin-based non-governmental organization (NGO), Cameroon was the most corrupt of the 85 countries included in its study.
The independence of the judiciary was guaranteed by the President of the Republic, who was, at the same time, the Chairperson of the Supreme Council of Magistrates, the delegation said. The President appointed judges with the recommendations of the Council, and dismissed them with the similar recommendations by the Council. In addition, judges were totally independent and they fully exercised their functions without any interference by other bodies. The separation of powers by the three State pillars was also guaranteed, the delegation added.
The National Council of Human Rights and Freedoms was a joint committee whose members were drawn from the civil society, including the clergy, trade unions members or renowned educators, the delegation said. Since the Council was independent, the Government had no say in its activities. Why that Council did not publish its findings and investigate alleged human rights violations or complaints was a question to be addressed to the Council and not to the Government officials, remarked the members of Cameroonian delegation.
The Covenant was given the same importance as the Covenant on Civil and Political Rights, the delegation said. Both Covenants had equal value and importance to the country and neither took precedence.
Polygamy was a legacy of ancestral tradition within the Cameroonian society which the Government found to be a complex phenomenon, the delegation said. The Government was aware the issue was sensitive and needed in-depth consideration. Since a large section of the population adhered to Islam, it was difficult to imagine how polygamy, which was tolerated by that religion, could be reasonably outlawed. The Cameroonian legislature had chosen the common-law marriage regime, leaving spouses-to-be who wished to enter into a monogamous marriage the option of explicitly stipulating that at the time of celebration of the marriage.
The traditional social order in Cameroon did not inherently discriminate between men and women in regard to succession, the delegation said. The family patrimony was viewed as an indivisible entity to be perpetuated by a principal heir.
A Committee Expert said in most plantations of the Cameroon, the working conditions of the workers fell far below human acceptance; workers were sacked for no reasons, while others lost their contracts when admitted to hospitals; the administrative set-up regarded workers as “slaves” or “modern slaves”, who needed to be bullied and not directed in the execution of their duties; workers work from 5.30 a.m. to 11.00 p.m. daily and from Monday to Sunday without rest, yet many did find it difficult to save for their children.
In response to the questions raised by Committee Experts, the members of the delegation said the working conditions in the Cameroonian plantations complied with the contracts reached between the employee and the employer. During busy stretches, employers agreed to work extra hours to earn more money.
Any expropriation was accompanied by compensation, and forced eviction was used for constructions of national interest, the delegation said.
HR/ESC/99/41
24 November 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES CONSIDERATION OF CAMEROON’S REPORT
The Committee on Economic, Social and Cultural Rights this morning continued its consideration of the initial report of Cameroon with a Government delegation saying that no country was free from corruption.
The delegation, despite conceding the presence of corruption, said a 1968 statute in the penal code criminalized active and passive corruption.
According to the 1998 corruption perception index, published in September by Transparency International, a Berlin-based non-governmental organization (NGO), Cameroon was the most corrupt of the 85 countries included in its study.
Cameroon is one of 142 States parties to the International Covenant on Economic, Social and Cultural Rights, and as such it must submit periodic reports to the Committee on the measures taken to implement the provisions of the treaty.
In the beginning of the morning session, the Committee held a brief private meeting to consider a draft statement to be sent to the World Trade Organization (WTO).
When the Committee reconvenes at 3 p.m., it will continue to consider the initial report of Cameroon.
Discussion
In response to a number of questions raised by Committee experts, the Cameroonian delegation said the new Constitution had opened a vast ground in which international instruments ratified by Cameroon were implemented. In addition, the provisions of the Constitution stipulated that duly approved international treaties should override national law. Because the Covenant had been ratified and duly published, it took precedence over the domestic laws; and in any conflict between a provision of the Covenant and a law, the Covenant prevailed.
With regard to gender-based discrimination, the delegation said equality between men and women was formally affirmed in the Constitution, including in the labour and electoral codes. Nevertheless, women appeared to be in a disadvantaged position concerning customary laws. When there was a discrepancy between the customary and written laws, the positive law should take precedence. In the case of divorce, for example, if the traditional jurisdiction was not accepted, it was the written law which had to intervene, the delegation added.
Cameroonian minorities were regrouped by the Government in order to preserve their culture from extinction, the delegation said. Members of the minorities included Pygmies, who lived not only in Cameroon but also in Central Africa, Gabon and Congo. Cameroonian Pygmies had been regrouped to increase their chance of survival and develop their cultural heritages. Those members of the minorities were considered by the Government to be integral parts of the nation, the delegation said.
The delegation told Committee members that no country was free from corruption. However, the 1968 penal code criminalized active or passive corruption. In addition, the General Inspectorate had a nationwide competence to deal with any corruption in the country; and inspectorate branches were created in order to fight corruption. A question could be raised about whether those bodies had achieved their goals in combating corruption or not, the delegation added.
According to the 1998 corruption perception index, published in September by Transparency International, a Berlin-based non-governmental organization (NGO), Cameroon was the most corrupt of the 85 countries included in its study.
The independence of the judiciary was guaranteed by the President of the Republic, who was, at the same time, the Chairperson of the Supreme Council of Magistrates, the delegation said. The President appointed judges with the recommendations of the Council, and dismissed them with the similar recommendations by the Council. In addition, judges were totally independent and they fully exercised their functions without any interference by other bodies. The separation of powers by the three State pillars was also guaranteed, the delegation added.
The National Council of Human Rights and Freedoms was a joint committee whose members were drawn from the civil society, including the clergy, trade unions members or renowned educators, the delegation said. Since the Council was independent, the Government had no say in its activities. Why that Council did not publish its findings and investigate alleged human rights violations or complaints was a question to be addressed to the Council and not to the Government officials, remarked the members of Cameroonian delegation.
The Covenant was given the same importance as the Covenant on Civil and Political Rights, the delegation said. Both Covenants had equal value and importance to the country and neither took precedence.
Polygamy was a legacy of ancestral tradition within the Cameroonian society which the Government found to be a complex phenomenon, the delegation said. The Government was aware the issue was sensitive and needed in-depth consideration. Since a large section of the population adhered to Islam, it was difficult to imagine how polygamy, which was tolerated by that religion, could be reasonably outlawed. The Cameroonian legislature had chosen the common-law marriage regime, leaving spouses-to-be who wished to enter into a monogamous marriage the option of explicitly stipulating that at the time of celebration of the marriage.
The traditional social order in Cameroon did not inherently discriminate between men and women in regard to succession, the delegation said. The family patrimony was viewed as an indivisible entity to be perpetuated by a principal heir.
A Committee Expert said in most plantations of the Cameroon, the working conditions of the workers fell far below human acceptance; workers were sacked for no reasons, while others lost their contracts when admitted to hospitals; the administrative set-up regarded workers as “slaves” or “modern slaves”, who needed to be bullied and not directed in the execution of their duties; workers work from 5.30 a.m. to 11.00 p.m. daily and from Monday to Sunday without rest, yet many did find it difficult to save for their children.
In response to the questions raised by Committee Experts, the members of the delegation said the working conditions in the Cameroonian plantations complied with the contracts reached between the employee and the employer. During busy stretches, employers agreed to work extra hours to earn more money.
Any expropriation was accompanied by compensation, and forced eviction was used for constructions of national interest, the delegation said.