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28 October 1999
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AFTERNOON
HR/CT/99/46
28 October 1999
HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF CIVIL
AND POLITICAL RIGHTS SITUATION IN CAMEROON
The Human Rights Committee this afternoon concluded its consideration of the fourth periodic report of the Government of Cameroon on how that it implemented the provisions of the International Covenant on Civil and Political Rights.
In preliminary observations and recommendations on the report, Committee Chairperson Cecilia Medina Quiroga said that all members of the Committee were concerned by the situation of freedom of expression in Cameroon, and the Government should harmonize all human rights within the limit of the Covenant. She also said that the country’s administrative power to seize and confiscate publications amounted to censorship, which the delegation claimed to have eliminated. And the Chairperson said that criminalizing views expressed by journalists could be considered as "death to freedom of expression, death to democracy".
Final, written concluding observations and recommendations on the report of Cameroon will be issued by the Committee towards the end of its three-week session, which concludes on 5 November. During the three meetings on the report, which began yesterday morning, an 11-member Cameroonian delegation availed itself to answer questions raised by Committee Experts.
Cameroon, as one of 144 States parties to the International Covenant, is obligated to provide the Committee with periodic summaries of its efforts at implementing the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 29 October, it will continue its deliberations to examine communications received from individuals claiming to be victims of violations of the rights set forth in the Covenant. Only States parties to the Optional Protocol to the Covenant recognizing the competence of the Committee to receive and consider communications from individuals were concerned by these procedures. It is also expected to consider its draft concluding observations and recommendations on country reports already examined during the current session.
Discussion of Cameroon's Report
In response to a number of questions raised by Committee Experts, the Cameroonian officials said that the political dialogue with representative opposition parties failed to produce fruitful results in the past. The approach opted by the parties was simply to boycott any initiations of national dialogue. Concerning the establishment of independent electoral commission, the delegation said that the project was under study and that at present, the Constitutional Council considered voting irregularities received by election contenders.
Journalists were not arrested or convicted for opinions they expressed or published in their publications, the delegation said. Like any other persons, journalists could be indicted for crimes related to defamation. However, following the 1996 law which abolished Government censorship, journalists could freely express their views and disseminate them through their publications. Any seizure of a publications was subject to appeal. The journalist who wrote that the Head of State had a heart disorder had been sentenced to two years imprisonment for the dissemination of false information.
The law on prevention of torture and prosecution of perpetrators of the crime, which entered into force in 1998, recently had its results evaluated, the delegation said. Nevertheless, on the basis of the law, harsh and severe punishments were handed down against perpetrators of torture found guilty by the country's courts. The law covered not only physical but also moral torture, leaving no space for perpetrators to escape punishment.
In addition, human rights teachings on the effect of torture and ill-treatment had been conducted in schools and in universities.
Cameroonian officials said that the Government had humanized prison conditions by improving food and medical supplies. Conditions of isolation had also been improved. Further, special premises were provided for people on death row by separating them from the rest of other inmates, women were kept separately, and sick prisoners were given special treatment.
Refugees arriving from Chad and Equatorial Guinea were protected by the United Nations High Commissioner for Refugees (UNHCR) and the Government refrained from sending them back to their countries of origin, the delegation said.
An Expert said that military courts were disturbing elements within a democratic society. The fact that civilians were brought before military courts was against the principle of democratic thoughts. The Government should also reconsider its criminalization of opinions expressed by journalists.
Responding to additional queries put by Committee members, the delegation said that the Head of the State was also the chairperson of the Supreme Council of the Judiciary, while the Minister of Justice served as its vice chairperson. Judges were appointed by the Head of the State, who was at the same time the guarantor of the independence of the judiciary.
Cameroon was not the only place where problems of freedom of expression occurred, the delegation said. But in the case of Cameroon, there were sentences for the crime of spreading false news. Some of the sentences handed down by the courts were deemed by Experts to be too severe for the charge, but the delegation said that the Government was in the process of reforming that part of the criminal code. Cameroon, the delegation said, had no intention to suppress the freedom of the press.
Cameroon had maintained a policy of the right to life by criminalizing abortion, except in rare cases affecting the health of the mother, the delegation said. Methods of family planning and safe sexuality had been stressed among the young generation in order to avoid abortion.
Preliminary Observations and Recommendations
In preliminary observations and recommendations to the report of Cameroon, Committee Chairperson Cecilia Medina Quiroga said that the volume of questions raised by Committee members showed that little information was provided by the Government in its report.
Ms. Medina Quiroga said that several rights under the Covenant were not adequately covered by the Cameroonian laws. In addition, cultural attitudes could be changed through laws. The maintenance of a dual system of laws was not allowed. All national laws should be brought in line with the provisions of the Covenant. Such traditional laws on inheritance had left women vulnerable to losing their property rights. The traditional laws affecting the right to land ownership and genital mutilation of women could not be eliminated only by education, but by enacting legislation prohibiting them.
Ms. Medina Quiroga recalled that in the past, the Committee had deplored cases of torture and the absence of independent investigating bodies. She said that the Committee had renewed its concern about the existence of torture and ill-treatment. She said that the administrative detention of 15 days was not in conformity with the Covenant.
The Chairperson said that the all members of the Committee were concerned by the Cameroonian situation on freedom of expression. The report did not say anything about the issue. The Government should harmonize all human rights within the limit of the Covenant. The administrative power to seize and confiscate publications amounted to censorship, which the delegation claimed to have eliminated. The act of criminalizing views was "death to freedom of expression, death to democracy", she said.
HR/CT/99/46
28 October 1999
HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF CIVIL
AND POLITICAL RIGHTS SITUATION IN CAMEROON
The Human Rights Committee this afternoon concluded its consideration of the fourth periodic report of the Government of Cameroon on how that it implemented the provisions of the International Covenant on Civil and Political Rights.
In preliminary observations and recommendations on the report, Committee Chairperson Cecilia Medina Quiroga said that all members of the Committee were concerned by the situation of freedom of expression in Cameroon, and the Government should harmonize all human rights within the limit of the Covenant. She also said that the country’s administrative power to seize and confiscate publications amounted to censorship, which the delegation claimed to have eliminated. And the Chairperson said that criminalizing views expressed by journalists could be considered as "death to freedom of expression, death to democracy".
Final, written concluding observations and recommendations on the report of Cameroon will be issued by the Committee towards the end of its three-week session, which concludes on 5 November. During the three meetings on the report, which began yesterday morning, an 11-member Cameroonian delegation availed itself to answer questions raised by Committee Experts.
Cameroon, as one of 144 States parties to the International Covenant, is obligated to provide the Committee with periodic summaries of its efforts at implementing the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 29 October, it will continue its deliberations to examine communications received from individuals claiming to be victims of violations of the rights set forth in the Covenant. Only States parties to the Optional Protocol to the Covenant recognizing the competence of the Committee to receive and consider communications from individuals were concerned by these procedures. It is also expected to consider its draft concluding observations and recommendations on country reports already examined during the current session.
Discussion of Cameroon's Report
In response to a number of questions raised by Committee Experts, the Cameroonian officials said that the political dialogue with representative opposition parties failed to produce fruitful results in the past. The approach opted by the parties was simply to boycott any initiations of national dialogue. Concerning the establishment of independent electoral commission, the delegation said that the project was under study and that at present, the Constitutional Council considered voting irregularities received by election contenders.
Journalists were not arrested or convicted for opinions they expressed or published in their publications, the delegation said. Like any other persons, journalists could be indicted for crimes related to defamation. However, following the 1996 law which abolished Government censorship, journalists could freely express their views and disseminate them through their publications. Any seizure of a publications was subject to appeal. The journalist who wrote that the Head of State had a heart disorder had been sentenced to two years imprisonment for the dissemination of false information.
The law on prevention of torture and prosecution of perpetrators of the crime, which entered into force in 1998, recently had its results evaluated, the delegation said. Nevertheless, on the basis of the law, harsh and severe punishments were handed down against perpetrators of torture found guilty by the country's courts. The law covered not only physical but also moral torture, leaving no space for perpetrators to escape punishment.
In addition, human rights teachings on the effect of torture and ill-treatment had been conducted in schools and in universities.
Cameroonian officials said that the Government had humanized prison conditions by improving food and medical supplies. Conditions of isolation had also been improved. Further, special premises were provided for people on death row by separating them from the rest of other inmates, women were kept separately, and sick prisoners were given special treatment.
Refugees arriving from Chad and Equatorial Guinea were protected by the United Nations High Commissioner for Refugees (UNHCR) and the Government refrained from sending them back to their countries of origin, the delegation said.
An Expert said that military courts were disturbing elements within a democratic society. The fact that civilians were brought before military courts was against the principle of democratic thoughts. The Government should also reconsider its criminalization of opinions expressed by journalists.
Responding to additional queries put by Committee members, the delegation said that the Head of the State was also the chairperson of the Supreme Council of the Judiciary, while the Minister of Justice served as its vice chairperson. Judges were appointed by the Head of the State, who was at the same time the guarantor of the independence of the judiciary.
Cameroon was not the only place where problems of freedom of expression occurred, the delegation said. But in the case of Cameroon, there were sentences for the crime of spreading false news. Some of the sentences handed down by the courts were deemed by Experts to be too severe for the charge, but the delegation said that the Government was in the process of reforming that part of the criminal code. Cameroon, the delegation said, had no intention to suppress the freedom of the press.
Cameroon had maintained a policy of the right to life by criminalizing abortion, except in rare cases affecting the health of the mother, the delegation said. Methods of family planning and safe sexuality had been stressed among the young generation in order to avoid abortion.
Preliminary Observations and Recommendations
In preliminary observations and recommendations to the report of Cameroon, Committee Chairperson Cecilia Medina Quiroga said that the volume of questions raised by Committee members showed that little information was provided by the Government in its report.
Ms. Medina Quiroga said that several rights under the Covenant were not adequately covered by the Cameroonian laws. In addition, cultural attitudes could be changed through laws. The maintenance of a dual system of laws was not allowed. All national laws should be brought in line with the provisions of the Covenant. Such traditional laws on inheritance had left women vulnerable to losing their property rights. The traditional laws affecting the right to land ownership and genital mutilation of women could not be eliminated only by education, but by enacting legislation prohibiting them.
Ms. Medina Quiroga recalled that in the past, the Committee had deplored cases of torture and the absence of independent investigating bodies. She said that the Committee had renewed its concern about the existence of torture and ill-treatment. She said that the administrative detention of 15 days was not in conformity with the Covenant.
The Chairperson said that the all members of the Committee were concerned by the Cameroonian situation on freedom of expression. The report did not say anything about the issue. The Government should harmonize all human rights within the limit of the Covenant. The administrative power to seize and confiscate publications amounted to censorship, which the delegation claimed to have eliminated. The act of criminalizing views was "death to freedom of expression, death to democracy", she said.