CHILD PORNOGRAPHY AND NEW TECHNOLOGIES IN CAMEROON

Keywords: Child Pornography, Cyber Law, African Union, Penal Code

Introduction

Cameroon is a central African country of 475.000 km2, with a population of 19 million (2010 population census figures) inhabited by people of diverse ethnic groups with very few shared similarities, which is usually termed Africa in miniature. Cameroon has two official languages as per Section 1.1.5 of the revised Constitution of 1996 (Law No. 96/06 of 18 January 1996) states that “The official languages of the Republic of Cameroon shall be English and French, both languages having the same status. The State shall guarantee the promotion of bilingualism throughout the country” (Bretton & Fothung 1991:20, in Anchimbe, 2006:44).

Cameroon is thus considered bilingual, bi-cultural, with a bi-jural system. While common law, is practiced in the two Anglo-Saxon regions, the civil law system is practiced by the people of the French speaking former Republic of Cameroon. According to the National Institute of Statistics (2010) survey estimated that 4,000 children aged 11 – 17 are exploited in prostitution. It further revealed that, children enter prostitution between the ages of 9 and 17, the average age being below 15 years[1]. The emergence of new technologies is impacting youths in Cameroon negatively. This correlates with a study by ECPAT International conducted in Cameroon with children on the use of new technologies, which troubling statistics were revealed;  about 33 percent of Cameroon children had access to adult pornography via Internet, 100% of 17-18 years old girls revealed that they had all seen pornographic videos or images online, and other kids  (33%) have also seen pornographic videos/pictures featuring children of their age or younger[2].

International, regional and national measures against child pornography

Cameroon has ratified several international protocols, conventions and norms, which have not in any way limited the legislator to enact several provisions in the penal code and cyber law to sanction deviant behaviors on children in Cameroon The UN Article 2c of the Optional Protocol defines child pornography as “any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes”. The criminalized activities are mentioned in Article 3c, and include producing, distributing, disseminating, importing, exporting, offering, selling or possessing child pornography[3].

At the international level, the Optional Protocol on the sale of children, child prostitution and child pornography, adopted by the UN General Assembly in May 2000 and which entered into force in January 2002 is one of those instruments used to sanction deviant behaviors on children[4]. The Optional Protocol extended the protection as per Art. 34 of the Convention on the Rights of the Child, by acknowledging and defining specific offences such as child pornography, child prostitution and the sale of children, and criminalizing related activities. The countries that ratified these treaties are legally bound to reform their national legal framework and policies accordingly, besides having to report periodically to the Committee on the Rights of the Child, which monitors the implementation of the Optional Protocol. Until today, the Optional Protocol has been ratified by 163 countries.

At regional level, the Organization of African Unity, now known as the African Union since 2001, adopted in 1990 the African Charter on the Rights and Welfare of the Child. This regional legal standard, entered into force in 1999. Article 27 of the African Charter criminalizes child prostitution and child pornography and Article 29 prohibits the sale of children and child trafficking for any purpose, which includes sexual purposes. The implementation of the African Charter by State Parties is monitored by the African Committee of Experts on the Rights and Welfare of the Child.

There exist cyber laws, such as the African Union Convention on Cyber Security and Personal Data Protection. As per Art.1 of the convention,Child pornography means any visual depiction, including any photograph, film, video, image, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

a) the production of such visual depiction involves a minor;

b) such visual depiction is a digital image, computer image, or computer-generated image where a minor is engaging in sexually explicit conduct or when images of their sexual organs are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge;

c) such visual depiction has been created, adapted, or modified to appear that a minor is engaging in sexually explicit conduct.

At the national level, Cameroon considered to be one of the giants in criminal and international law, have adopted several legal instruments to sanction deviant behaviors on children. Cameroon adopted Law No. 2010/012 of 21 December 2010 relating to cybersecurity and cybercriminality, which addresses child pornography and child sexual exploitation through the use of information and communication technologies.

Section 81.2 defines child pornography as any act visually available which represents a minor engaged in a sexually explicit activity, any person with the physical features of a minor involved in sexually explicit acts; activities or real images representing a minor engaged in sexual activities[5]. Cameroonian legislator should review this law in relation to emerging cyber threats, in order to prohibit virtual child pornography (cartoons, drawings, computer generated images, depicting children engaged in sexual activity) as it refers to real images of children engaged in sexual activity.

With the emergence sexual exploitation of children through the use of ICTs, Section 81.1 prohibits sexual proposals made by adults to minors under 15 through the use of an electronic communication network or an information system[6]. However, the legislator limits the protection of children under 15 against solicitation for sexual purposes, minimizing the impact of those aged 18. For example, in Cameroon its more of a challenge to parents to police their children on the use of ICT, because, most parents are tech illiterates, as some kid usually post nudes on their different social networking sites status then blocking or restricting the view of parents and family members. These emancipated youths are usually victims of cyberbullying, stalking and sexual exploitation which usually leads to depression and suicide.

In as much as there is a cyber-law which sanctions deviant behaviors on children, the Penal Code criminalizes such patterns and even empowers parents as per section 300. Section 300 Tampering with Correspondence[7], and its states that;

• Whoever without permission from the addressee destroys, conceals or opens another’s correspondence shall be punished with imprisonment for from 15 (fifteen) days to I (one) year or with fine of from CFAF 5 000 (five thousand) to CFAF 100 000 (one hundred thousand), or with both such imprisonment and fine.

(2)     This Section shall not apply between spouses, to parents in respect of their children under 21 (twenty-one) years of age and unemancipated, or to guardians or persons responsible by custom in respect of their wards.

Section 300 (2) of the Penal Code, empowers parents to educate and police illicit and deviant behaviors against their children in schools, local communities. But the major challenge is the inadequate expertise of the use of new technologies by parents in Cameroon.

Conclusion

Technological innovation is a tool for sustainable development, but if exploited negatively, it will cause more harm than good to states, organizations and children around the world. E-learning is one of the major trends in the globalization era, however, digital tools are being exploited to harass youths, engage young girls in to prostitution and child pornography.

The National Agency for Information and Communication Technologies has engaged in several crusades to empower children on the online space, encouraging digital citizenship through online and onsite education programmed on cyber security and privacy, and have created mechanisms to assist those who might be potential victims online. More so, the involvement of private sector entities in promoting internet safety is emerging because of cybercrime, deep fake, fake news, harassment on the cyber space and extortion. Online service providers, social networks are increasingly involved in raising public awareness on child online safety. Some of these measures includes developing appropriate resources and guidelines to help parents and children understand the risks posed and creating clear policies on the use of their services. However, technical solutions on preventing exposure to inappropriate content is challenging, due to inadequate knowledge of the use of tech tools by some parents.

Recommendations

Schools should create WhatsApp groups for each course to inform parents on the performance of their kids in school. Results of each semester should be sent to parents via mail or WhatsApp before the student collects his/ her script and report card.

Schools counselors should develop programs to educate students on societal issues, particularly about the dangers of some social media platforms. More so, educational authorities should prioritize capacity building for teachers in order to ensure student safety online, with the emergence of e-learning.

Parents should discuss with their children about the societal issues, and the negative impact of deviant behaviors, low self-esteem and misuse of ICT. This will help limit issues relating to cyberbullying, cyber stalking, request for nudes by unscrupulous individuals (students or teachers).

About the authors

 

References

ECPAT prefers the term “exploitation of children in prostitution” instead of “child prostitution” in line with the recently widely adopted Terminology Guidelines. ECPAT International (2016). Terminology Guidelines. ECPAT International (2016), “Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse, adopted by the Interagency Working Group in Luxembourg, 28 January 2016”, Bangkok: ECPAT, 29, accessed on 25 July 2017, http://luxembourgguidelines.org/.

 ECPAT prefers the term ‘child sexual exploitation material’ or ‘child sexual abuse material’ over the often in legal context still used ‘child pornography’ in line with the recently widely adopted Terminology Guidelines. ECPAT International (2016), “Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse, adopted by the Interagency Working Group in Luxembourg, 28 January 2016”, Bangkok: ECPAT, 39, accessed on 22 September 2017, http://luxembourgguidelines.org/.

ECPAT International (2011), “Understanding African children’s use of Information and Communication Technologies (ICTs) – a youth-led survey to prevent sexual exploitation online”, accessed on 25 July 2017, http://resources.ecpat.net/ei/publications/ict/ict%20research%20in%20africa_p1.pdf

National Institute of Statistics, “Étude Pilote sur l’Exploitation Sexuelle Commerciale des Enfants au Cameroun en 2010”, accessed on 26 July 2017, http://www.statisticscameroon.org/downloads/CSEC/Note_synthese_Rapport_CSEC.pdf.

National Institute of Statistics, “Étude Pilote sur l’Exploitation Sexuelle Commerciale des Enfants au Cameroun en 2010”, 3, accessed on 26 July 2017, http://www.statisticscameroon.org/downloads/CSEC/Note_synthese_Rapport_CSEC.pdf

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[1] Sexual Exploitation of Children in Cameroon, Submission 5 October 2017 for the Universal Periodic Review of the human rights situation in Cameroon to the Human Rights Council 30th Session (May 2018) UPR third cycle 2017 – 2021 by ASSEJA (Association, Enfants, Jeunes et Avenir) and ECPAT International

[2] ECPAT International (2011), “Understanding African children’s use of Information and Communication

Technologies (ICTs) – a youth-led survey to prevent sexual exploitation online”, accessed on 25 July 2017,

http://resources.ecpat.net/ei/publications/ict/ict%20research%20in%20africa_p1.pdf

[3] Office of the United Nations High Commissioner for Human Rights. Article 2 and 3 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Accessed on the 28th March 2012 from: http://www2.ohchr.org/english/law/crc-sale.htm

[4] Office of the United Nations High Commissioner for Human Rights. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Accessed on the 27th March 2012 from: http://www2.ohchr.org/english/law/crc-sale.htm

[5] LAW N° 2010/012 OF 21 DECEMBER 2010 RELATING TO CYBERSECURITY AND CYBERCRIMINALITY IN CAMEROON

[6] Ibid

[7] LAW N 2 0 1 6 / 0 0 7 OF RELATING TO THE PENAL CODE