THE RIGHTS OF PERSONS WITH DISABILITIES IN CAMEROON
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THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES (PWD’s) IN CAMEROON: PROSPECTS AND CHALLENGES by AWA RUMARICK
ABSTRACT
Disability rights are not new rights per se, rather, they bring poignancy to human rights that already exist but have been historically denied or marginalized. The challenges and impediments faced by PWD’s in Cameroon are significant and should therefore not be treated with levity. Consequently, the Cameroonian legislator has hitherto enacted a plethora of laws and set up commendable institutional mechanisms for the protection of this category of persons. However, a critical examination of these laws and their actual fulfilment reveals a yearning gap between legal theory and practical reality. Against this backdrop, this article aims at examining by way of a qualitative research methodology the extent to which measures for the protection of the rights of PWD’s are effective in Cameroon. In addition to the ongoing Anglophone quagmire, findings revealed that the protection of these rights has been deterred by the lack of awareness of the existence of disability rights, increased stigmatization of PWD’s and the absence of political will in the enforcement of existing laws and policies. As a panacea, it is recommended that the Government of Cameroon step up the enforcement of already existing laws and policies for the protection of the rights of PWD’s, organize workshops and carry out sensitization on the need to better protect these rights. Likewise, the parallel or simultaneous non-state promotion, activism and persuasion by NGOs and other stakeholders should be encouraged.
You can also read on “A critical analysis of the separation of power in Cameroon”
BACKGROUND
As Rachel[1] opines,
I have disabilities. I was born profoundly deaf due to Usher Syndrome, a genetic condition that not only causes deafness but also shows a progression of blindness. I was fortunate to receive a technology called a cochlear implant at age two and a half years old…. Later on in my life, I got a microphone system …. to help me hear the teachers and students better… I completed my schooling when I was 19 years old in 2006. I graduated with honours from high school and went into universities where I completed a bachelor’s and master’s…I have been fortunate to grow up in an environment where people allowed me to reach my fullest potential and accept me as a female with disabilities. However, if you meet a Cameroonian with a disability, you would see that person will most likely not have earned the same fortune that I have.
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. PWD’s 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.[5]
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.[6] 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. However, it was only in 2009, that the European Court made its first-ever findings on disability discrimination.[7] The decision of the court underscores the importance of the protection of the rights of PWD’s and marked 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.
At the international scene, there exists 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,[8] and the 2010 Law Relating to the Protection and Welfare of Persons with Disabilities.[9]
However, despite the impressive structures of extant laws, and notwithstanding the energy, zeal and actions envisaged in the adoption of these laws, with its language raising expectations of good behaviour, national realities routinely fail to keep up the pace with the aspirations of lawmakers as the violation of the rights of PWD’s persist. Against this backdrop, this study seeks to x-ray and expound on the extant measures put in place for the protection of the rights of PWD’s in Cameroon. It is addressed to PWD’s, state authorities, Non-Governmental Organizations (NGO’s), legal practitioners and other stakeholders charged with the duty to protect and promote the rights of PWD’s.
CONCEPTUAL CLARIFICATION OF KEY TERMS
Meaning of Protection
Protection can be understood in two senses: the preventive and the repressive senses. Preventively, protection entails all measures which go to ensure that someone does not suffer any form of loss or injury or those measures put in place to minimize the risk of loss as far as possible. In the repressive sense, protection entails the provisions of redress for persons who have suffered a loss.
The Oxford University Press Dictionary[10] defines protection as legal or other formal measures intended to preserve civil liberties and rights. Contextually, protection, therefore, connotes all legal and formal measures intended to preserve the civil liberties and rights of PWD’s.
Meaning of Human Rights
Human Rights are those privileges we have simply because we exist as human beings – they are not granted by any state. They are universal and inherent to every human being regardless of nationality, sex, national and ethnic origin, colour, religion, language, or any other status. They range from the most fundamental – the right to life, to those that make life worth living, such as the right to food, education, work, health and liberty.[11]
Meaning of Disability
According to the World Health Organization (WHO), “Disabilities” is an umbrella term covering impairments, activity limitations, and participation restrictions. Impairment is a problem in body structure and function: an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in the involvement of life situations. Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between features of a person’s body and features of the society in which he/she lives.[12]
Under Cameroonian law, disability connotes a limitation of a person’s ability to fully participate in an activity in a given environment.[13]PWD’s are individuals who are unable to fulfil by themselves all or part of the requirements of a normal personal or social life as a result of a physical or mental disability, be it of birth or otherwise.[14] Disabilities can either be physical, sensory,[15] mental[16] or multiple disabilities.[17]
LEGAL FRAMEWORK FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN CAMEROON
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 and the 2006 Convention on the Rights of Persons with Disabilities. These Conventions are applicable in Cameroon by virtue of Article 45 of the Cameroonian Constitution.[18]
To begin with, the Universal Declaration of Human Rights (UDHR),[19] a milestone document in the history of Human Rights, has hitherto inspired the adoption of several laws for the protection of the rights of PWD’s.[20] It sets the foundation for the protection of these rights throughout the globe and particularly in Cameroon.[21] Pursuant to Article 1 of the treaty, “all human beings are free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” This is supported by Article 7 which provides that; “All are equal before the law and are entitled without discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” The UDHR therefore provides for the principle of equality of all men. This, if applied in a perfect world, would be enough to protect everyone with PWD’s inclusive.
Moreover, the 2006 Convention on the Rights of Persons with Disability (CRPD)[22] is another groundbreaking international norm for the protection of the rights of PWD’s. Ratified on the 1st of October 2008, the Convention is applicable in Cameroon by virtue of Article 45 of its Constitution.[23] It provides for full and effective participation and inclusion in society, respect for difference and acceptance of PWD’s. It further enjoins state parties to undertake measures to ensure the progressive and full realization of the rights mentioned hitherto.[24] To promote equality, and eliminate discrimination based on disability, the Convention enjoins state parties to ensure that reasonable accommodation be provided and legal protection be guaranteed for PWD’s.[25] In times of armed conflicts, like the present Anglophone quagmire,[26] the CRPD obliges state parties to take all necessary measures to ensure the protection and safety of PWD’s.[27] It adopts a broad categorization of PWD’s and reaffirms that these individuals enjoy all human rights and fundamental freedoms. It clarifies and qualifies how all category of rights applies to PWD’s and identify areas where adaptations have to be made for PWD’s to effectively exercise their rights in areas where their rights have been violated, and where protection of rights must be reinforced.[28]
At the Regional sphere, there exists the African (Banjul) Charter on Human and Peoples Rights.[29] The Charter though not specifically aimed at protecting the rights of PWD’s[30] recognizes the Human Rights principle of equality of all individuals in the eyes of the law.[31] However, its Articles 18(4) guarantees the rights of PWD’s. It provides that, “The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or oral needs”
At the Domestic level, there exist a plethora of laws for the protection of the rights of PWD’s. The Cameroonian Constitution,[32] the highest law of the Land, provides in its preamble[33] 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.
Moreover, 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. In this respect, it aims at the prevention of disabilities; social, economic and psychological rehabilitation and integration of PWD’s; and promotion of national solidarity in favour of PWD’s.[34] The law defines disability as a limitation of a person’s ability, due to deficiency, to fully participate in an activity in a given environment.[35] It highlights the various kinds of disabilities, to wit; physical, mental, and multiple disabilities. This is in tandem with the definition of PWD’s by the courts in the case of Ximenes-Lopes v. Brazil.[36] The inter-American court defined PWD’s as “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.
The law provides various mechanisms for the prevention of disabilities[37] and goes further to provide psychological support for PWD’s. This psychological support shall aim at strengthening psychological capacity, developing self-esteem, and strengthen relations with the living environment to reconcile PWD’s with themselves and with their environment.[38] The law further guarantees the right to special education for PWD’s,[39] socio-economic integration,[40] access to education and vocational training,[41] access to information and participation in cultural activities[42], access to infrastructure, housing and transport,[43] participation in sport and leisure activities[44] and access to employment.[45] The law further provides for the issuance of a national disability card for PWD’s which will permit them to enjoy these rights wherever they find themselves.
The state shall compensate for the financial costs of education, vocational training, medical costs, disability allowance, housing assistance, support for the creation of work of art, construction of equipment or infrastructure, for rehabilitation and functional therapy, support for the equipping of work stations and other activities falling under national solidarity for PWD’s.[46]
The 2010 law further provides sanctions for individuals who violate the rules protecting the rights of PWD’s in Cameroon. Pursuant to sections 45 of the law, officials of schools, vocational and university institutions, employers, corporate managers, guilty of discriminating in the admission, recruitment or pay of PWD’s shall be punished with imprisonment for from 3 (three) to 6 (six) months and fine of from 100000 (one hundred thousand) to 1000000 (one million) CFA Francs. Sections 46 corroborates by providing that, ‘whoever refuses to provide a service due to a person with a disability in accordance with this law and its enabling instruments shall be punished with the penalties outlined in sections 242 of the Cameroonian Penal Code.
From the above overview of the various legislations protecting the rights of PWD’s at international, regional and national levels, there is no doubt that the quest for the protection of the rights of PWD’s is gaining ground everywhere around the globe. Albeit the fact that most of the laws are inspired very much from the Universal Declaration of Human Rights, they all share a similarity in that they apply to PWD’s throughout the globe which renders their application much wider and beyond just a particular country or region.
INSTITUTIONAL MEASURES FOR THE PROTECTION OF THE RIGHTS OF PWD’s IN CAMEROON
As averred by Gabriel[47],
“the legal situation in any given country cannot be solely determined by legislation (law books). Instead, it is a joint product of the initiatives of the legislator, the interpretation and application by courts, and the practice of administrative authorities or other relevant actors (law in action).”
In this light, after haven’t discussed the legal framework for the protection of the rights of PWD’s in Cameroon, it becomes necessary to ascertain the role played by institutional mechanisms in protecting these rights. Understanding how institutions embed, monitor, facilitate and implement the rights of PWD’s becomes important.
To begin with, the Cameroonian Ministry of Social Affairs is the primary ministry charged with the responsibility of protecting the rights of PWD’s.[48] The Ministry is made up of several Departments. Its department of Social Protection of PWD’s is one of its core Department charged with the duty to elaborate, implement and follow up the socio-economic reinsertion policy of PWD’s, the implementation of Government’s policy of special education, health assistance, equipment and professional training of PWD’s. It further helps PWD’s by providing subventions to private institutions delivering care to these persons, promotion of development programs and capacity to mobilize and manage resources of target populations, enter technical relationships with national and international organisms of promotion of PWD’s and collection of statistical data on target populations, in conjunction with the technical structures concerned.[49]
The ministry has hitherto implemented various schemes for the betterment of PWD’s. In 2006, the Ministry of Social Affairs took the following steps for the betterment of the rights of PWD’s.
- On 22 March 2006, the Minister of Social Affairs and the Director of CNPS signed an agreement aimed at improving assistance to disabled persons and victims of industrial accidents. The agreement was also implemented within CNPS, which provided its disabled staff members with special vehicles to facilitate their transport to work;
- On 4 September 2006, a partnership agreement was signed between the Minister of Social Affairs and the National Director of FNE on facilitating the integration of vulnerable persons into training programs and gainful employment to help PWD’s to economic and social independence;
- A meeting between the Ministers of Higher Education and Social Affairs on 13 March 2006 led to the signature of a joint circular letter aimed at ameliorating the conditions of disabled and vulnerable students by providing them with accommodations, integrating them into University “work-study programs” and finding vacation internships for them;
- On 10 April 2006, a meeting was held between the Ministers of Social Affairs and Public Works to ensure the effective application of the 1983 Act on disabled persons’ access to public buildings and of the related implementation Decree No. 90/1516 of 26 November 1990;
All these efforts mentioned hitherto have contributed immensely to the protection of the rights of PWD’s in Cameroon.
Furthermore, another institution that protects the rights of PWD’s in Cameroon is the National Rehabilitation Center for People with Disabilities (NRCPD).[50] Created by Cardinal Paul Emile LEGER in 1971, the NRCPD was inaugurated on the 15th of January 1972 by the then President of the Federal Republic of Cameroon, His Excellency Hamadou Ahidjo and later transferred to the State of Cameroon[51] as a specialized Agency of the Ministry of Social Affairs.[52] The Decree No. 2009/096 of 16 March 2009 sets out the Mission of the NRCPD which includes inter alia, the duty to implement government policy on the rehabilitation and reconversion of PWD’s, provide psychological care of PWD’s and their families, the medico-social care of PWD’s, training and socio-professional conversion of PWD’s, promoting research to improve the intervention in rehabilitation, cooperating with other national and foreign centres for rehabilitation of PWD’s as well as organization of humanitarian associations.[53] The targets of the CNRPH are all people with disabilities as well as their families. This includes amongst others physically handicapped persons, people with sensorial disabilities, people with mental disabilities, social misfits and families of PWD’s.[54]
Again, there exists the National Commission on Human Rights and Freedoms (NCHRF) which acts as the primary institution for the promotion and protection of Human Rights and Freedoms in Cameroon. The NCHRF is an independent institution for consultation, monitoring, evaluation, dialogue, concerted action, promotion and protection in the domain of human rights. The Commission was first enshrined by Presidential Decree No 90-1459, then by Law No.2004/016, of the 8th of November 2004. Amongst other duties, the Commission receives denunciations of human rights violations, conducts inquiries and inspects penitentiary establishments, popularises human rights instruments, laisse with NGOs and proposes measures to the authorities in the area of human rights.[55] One positive aspect of the NCHRF is that the institution provides pro bono services for all Human Rights related issues. Hence, PWD’s whose rights have been violated can go to the doorsteps of the commission without a single franc and get justice for their plights.
CHALLENGES IN THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN CAMEROON
Looking at the adequacy of the initiatives and/or action plans formulated by the government of Cameroon to protect the rights of PWD’s, it might be tempting to establish that these fundamental initiatives have been successful in accomplishing significant Human Right improvements in the arena of the fight for the protection of the rights of PWD’s. Such an establishment would be fundamentally flawed.
PWD’s in Cameroon face the difficulty of moving from one place to another. Many roads are not paved and muddy. The terrains are hilly and most regions are mountainous. This means that those with mobility impairments face the challenge of moving their bodies on these landscapes.[56]
Moreover, PWD’s face stigmatization. Most parents who have children with disabilities don’t send them to school. This is because they think that it’s a wastage of money as they may not easily gain employment in the future.[57]
PWD’s are amongst the most marginalized and at-risk populations in any crisis-affected country.[58] with the upsurge of the Anglophone brouhaha, Anglophone regions have been embroiled in a cycle of deadly violence. The crisis has exacerbated an already difficult situation for PWD’s. Between February and May 2019, Human Rights Watch interviewed 48 PWD’s living in the Anglophone regions to investigate how the crisis in the North-West and South-West regions has affected them. It was realized that PWD’s have been among those killed, violently assaulted, or kidnapped by government forces and armed separatists. One of such victims, a 43-year-old man with hearing disabilities was killed on May 5th, 2019 by soldiers from the Rapid Intervention Battalion when he failed to answer their questions. The crisis in the Anglophone regions has exacerbated an already difficult situation for PWD’s.[59]
Several reasons could be advanced for the aforementioned challenges. They include inter alia, the lack of awareness of the existence of disability rights, weak enforcement of existing laws and policies, and the lack of a political will for their implementation. It is therefore imperative that policy formulation, legitimization, implementation, and evaluation be given credence in matters related to disabilities.
You can also read on “A critical analysis of the separation of power in Cameroon”
CONCLUSION AND RECOMMENDATION
Suffice to say, Cameroonian legislation has a considerable number of provisions geared towards the protection of the rights of PWD’s. However, a closer look at the provisions of these laws shows that their implementation is handled most haphazardly. It also shows a clear imbalance in the objectives set, viz a viz goals attained. Concerning the needs and rights of PWD’s, it is possible to identify how apart they are from the fulfilment. Thus, proactive measures of fulfilment or protection from or against the state are invaluable. However, circumscribing and limiting the protection of PWD’s to the state not only ignores the reality and human needs but is unfair and may result in a sense of abandonment.
Certainly, state actions are not enough to ensure effective protection of the rights of PWD’s as these individuals are vulnerable to other entities as well. After all, the state is not equated with society. The peremptory principle of equality and non-discrimination does not require all measures of protection to be identical: what it requires is that the human dignity of all PWD’s is protected effectively from all threats in a nondiscriminatory manner.
To expunge the drawbacks x-rayed in this paper and attain the objectives spelt out in the above-mentioned laws, the government of Cameroon must take proactive measures. As a panacea, it is therefore recommended that the government of Cameroon step up the enforcement of already existing laws for the protection of the rights of PWD’s. Likewise, the parallel or simultaneous non-state promotion, activism and persuasion by NGOs and other stakeholders should not be hindered, on the contrary, it must be encouraged and permitted for the aforementioned protection to be effective. This is important because the basis for protection lies in human dignity and not in the identity of functional authorities.
About the author: Awa Rumarick is a skilled and dedicated fellow in the fields of Human Rights, Business Law and Oil and Gas Law. He holds a Masters in Business Law and an undergraduate degree in English Common Law at the University of Buea. Presently, he works as a Paralegal in the Legal Department of the Centre for Human Rights and Democracy in Africa (CHRDA). In his professional career, he has been opportune to serve as a volunteer/intern at Loyalty Law Chambers and at the Northwest Regional Branch office of the National Commission on Human Rights and Freedoms in 2016 and 2018 respectively. He has also served as Youth President and Coordinator in the 2019 Joni and Friends Retreat for PWD’s. His desire to advocate for the rights of PWD’s came as a result of interactions with these individuals in Seminars and Retreats akin to the above mentioned. He is an enthusiastic and results-oriented individual, dynamic and self-motivated with a desire to transform the world around him and make it a safe haven for PWD’s. Contact: Tell: 676869087, Email: rumarickawa@gmail.com
[1] Rachel, What it means to live with disability in Cameroon (2014), Available at http://blog.rachelchaikof.com/what-it-means-to-live-with-a-disability-in-cameroon (Accessed 16/06/2021).
[2] World Bank Disability: Overview (2017), Available at www.worldbank.org/en/topic/dissability/overview (Accessed on the 09/06/2021).
[3] Halima Doma, “Human Rights of Persons with Disabilities: Challenges of Protection and Enforcement in Nigeria”, (2020), Vol.1, Issue 4, Pp 1-15: 1.
[4] Julinda Beqiraj et al., Access to Justice for Persons with Disabilities: From International Principles to Practice, (International Bar Association, 2017), P. 5.
[5] Nicolas Carrillo, “The Framework of the Protection of Human Rights of Persons with Disabilities from none-state Entities” (2013), The International Journal of Human Rights, Vol. 17, No.4 Pp. 463 – 490.
[6] Eilionoir Flynn., “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.
[7] This was in the case of Glor v. Switzerland, (30.04.09 – HUDOC).
[8] Law No 96/06 of the 18th of January 1996 as amended.
[9] The Law No. 2010/002 of 13 April 2010 Relating to the Protection and Welfare of Persons with Disabilities.
[10] Oxford University Press Dictionary, Available online at http://oxforddictionaries.com/definition/english/protection (Accessed on the 15/06/2021).
[11] United Nations Human Rights Office of the High Commissioner., What are Human Rights?., Available at: www.ohchr.org/en/issues/pages/whatarehumanrights.aspx&ved (Accessed on the 15/06/2021).
[12] Halima Doma et al, “Access to Justice for Persons Living with Disabilities in Nigeria: Issues, Challenges and Prospects”, (2020), Journal of Private and Comparative Law, Vol.10, No.2 Pp 19 -34:22.
[13] Section 2 of the 2010 Law relating to the protection and welfare of persons with Disabilities in Cameroon.
[14] Ibid..
[15] Sensory disabilities includes blindness, partially sighted, deaf, deaf and dumb, dumb.
[16] Mentally retarded people, autistic persons, persons with cerebral palsy, mongols, persons with microcephal and macrocephaly, persons with psychiatric and epileptic disorders.
[17] Section 3, of 2010 Law (supra).
[18] Pursuant to Articles 45 of the Cameroonian Constitution, “duly approved or ratified treaties and international agreements shall following their publication, override national laws, provided the other party implements the said treaty or agreement.”
[19] Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 as common standard of achievements for all peoples and all nations.
[20] The UDHR is widely recognized as having inspired, and paved the way for the adoption of more than seventy human rights treaties, with all containing reference to it in their preambles, one of which being the 2006 Convention on the Rights of Persons with Disability.
[21] Cameroon as a country ratified the UDHR on the 27th of June 1984 making the Convention applicable by virtue of Article 45 of the Cameroonian Constitution.
[22] The Convention on the Rights of Persons with Disabilities (CRPD) was adopted and proclaimed by the General Assembly Resolution 61/106 of the 13th of December 2006. It had as purpose to promote, protect and ensure full and equal enjoyment of human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity.
[23] United Nations Human Rights Treaty Bodies., View the Ratification Status by Country or Treaty, Available at https://tbinternet.ohchr.org (Accessed on the 03/06/2021).
[24] Article 4 Ibid.
[25] Ibid.
[26] Cameroon has been embroiled in a deepening secessionist crisis for more than three years as armed fighters in the English-speaking Regions (North West and South West) attempt to separate the territory and establish their own state; “Ambazonia”.
[27] Article 11 Ibid.
[28] United Nations, Department of Economic and Social Affairs, Available at www.un.org/development/disabilities/convention-on-the-rights-of-persons-with-disabilities.html&ved (Accessed on the 04/06/2021).
[29] Adopted on the 27th of June 1981, the charter entered into force on the 21st of October 1986.
[30] African Charter on Human and Peoples Rights, Available at www.achpr.org (accessed on the 03/05/2021).
[31] Article 1 African Charter.
[32] The reunification of the two Cameroons to form the Republic of Cameroon on the 20th of May 1972 led to the adoption of the 1972 Constitution of the United Republic of Cameroon. As such, the Cameroonian Constitution which was promulgated in 1972 although amended several times, forms the basis of the current Cameroon Constitution. On the 18th of January 1996, the Cameroonian National Assembly passed the Law No. 96/06 of the 18th of January 1996 which amended the Constitution of 2 June 1972. In April 2008, the Cameroonian National Assembly passed Law No.2008/001 of 14 April 2008 to amend and supplement some provisions of the 1996 Law to amend the Constitution of 2 June 1972. (See Terence Onang E., Modern Law and Local Tradition in the Forest Heritage Conservation in Cameroon: The Case of Korup, PhD Thesis, unpublished, Brandenburg University of Technology in Cottbus, 2002, P.53).
[33] Worth mentioning is the fact that Article 65 of the Cameroonian Constitution makes the Preamble part and parcel of the constitution.
[34] Section 1 of the 2010 Law Relating to the Protection and Welfare of Persons with Disabilities.
[35] Sections 2(1) Ibid.
[36] Inter-American Court of Human Rights, Judgement of 4th July 2006.
[37] The law provides for medical and social forms of prevention of disabilities in its Sections 6 – 14.
[38] Sections 17 of the 2010 law.
[39] Sections 24 – 26 Ibid.
[40] Section 27, Ibid.
[41] Section 28 – 31, Ibid.
[42] Sections 32, Ibid.
[43] Sections 33 – 35 Ibid.
[44] Sections 36 – 37, Ibid.
[45] Sections 38 – 40, Ibid.
[46] Section 41 and 42 Ibid.
[47] Michanek Gabriel, “The Role of Courts in International Law”, (2009), Nordic Environmental Law Journal, Pp. 1-33:9.
[48] Ministry of Social Affairs – Minas, Available at www.minas.gov.cm (Accessed on the 06/03/2021).
[49] Ibid.
[50] Cardinal Paul Emile Leger National Rehabilitation Center for Persons with Disabilities, Available at www.minas.gov.cm (Accessed on the 4th/06/2021).
[51] It was transferred to the state of Cameroon in 1978.
[52] Ibid
[53] Ibid.
[54] Diplora, myopia, presbyopia, blindness, and decreased visual acuity.
[55] Commonwealth Forum of National Human Rights Institutions Available at https://cfnhri.org/members/africa/cameroon (Accessed on the 4th/06/2021).
[56] Rachel (2014) Ibid.
[57] Ibid.
[58] Said by Emina Cerimovic, senior disability rights researcher at Human Rights Watch.
[59] Cameroon: People with Disabilities caught in Crisis (Human Rights Watch Report, 2019), Available at; www.hrw.org/news/2019/08/05/cameroon-people-disabilities-caught-in-crisis&ved (Accessed on the 13/006/2021).
Berinyuy Cajetan is the founder and publisher of Human Rights and Legal Research Centre (HRLRC) since 2017. He has intensive experience in strategic communications for Civil Society Organizations, campaign and advocacy, and social issues. He has an intensive experiencing in human rights monitoring, documentation and reporting.
