Abstract

This long essay “The functioning and organization of human rights and freedoms in Cameroon” sets out to examine how the commission of human rights and freedoms is organized and how it functions in the insurance of the rights and freedom of all Cameroonians and how does who violate these rights are dealt with.

The inalienable rights of human beings, specifically Cameroonians if fully protected and promoted go a long way to boost development of the state as well as providing a healthy environment for the moral and social wellbeing of the Cameroonian citizens, thanks to the proper functioning and organization of the national commission of human rights and freedoms.

CHAPTER ONE

INTRODUCTION

The origin and development of the concept of human rights are directly are directly connected with the theory of the natural law of existence irrespective of the state of the natural and alienable rights of man which come from nature and are inherent in all from birth. If the universal declaration of human rights and adoption of the United Nation Charter, the concept of human rights has increasingly gained universal value.

This does not mean that prior to this period; nothing existed as fundamental human right and freedoms. With the adoption of the United Nations Charter, the international community recognized that a human being by virtue of his birth and existence possessed equal and inalienable rights. With the United Nations given the responsibility to assume the effective and universal respect of rights of man and fundamental liberty of all irrespective of age, sex, race, religion as well as political affiliation.

The universal declaration of human rights adopted in unanimity by the general assembly of the united nation in 1948 continues the commitment of the United Nations in its charter to protect and promote human rights and freedoms. It is common in most constitutions especially in countries that gained their independence after 1948 to find in them a reflection of the universal declaration of human rights (in their constitution). Since 10 December 1950, which is the universal anniversary of the adoption of human rights has been adopted as the international day for celebration of human rights.

During these celebrations, most regions of the world use the opportunity not only to transmit the admirable principle consecrated in the universal declaration of human rights but also to examine the fragrant and serious violation of human rights which is common the world over.

1.1 Background Of The Study

There are divergent views as to the background or origin of human rights. The history of human rights could be seen to have covered thousands of years and cross from regions and legal background throughout history. Several ancient documents and later religions and philosophies included the variety of concepts that may be considered as human rights will include:

–           The ten commandments given to Moses

–           The code of Hammurabi.

Approaches to law as a means of preventing the strong from oppressing the weak drawn from the bible, St. Thomas Aquinas in the 13th century used the theory of natural rights to argue that state Sovereignty should not be respected when the government is ill treating its citizens. The constitution of Medina 628 AD drafted by Mohammed to mark a formal agreement between all of the significant tribes including Muslims, Jews and pagans also contained provisions on the protection of human rights. The existence of the body of human rights can be traced back through the early 13th Century in Europe and has featured in various pre dominant Europeans schools of thoughts. In many respects, its origin lies in the philosophical discuss of concepts like liberty and rights, it is linked to the concept of the rule of law and the inherent limitation on the exercise of absolute power by the sovereign or parliament. The rule of law is linked to theories of natural law and religious doctrine.

Accordingly, some have argued that earlier religious scriptures embody rules and regulations that govern the society and foundation of human rights. The earliest codification of human rights can be found in England. The Matnacarta of 1215 defines a number of principles which fall within a broad ambod of human rights including the principle of a policy before the law, the right to property and an element of religious freedom. Much of modern human right law and the basis of modern interpretations of human rights can be traced back to relatively recent history. The 1688 German Quaker petition against slavery was the first public document of its kind that declared equal rights for all humans.

The British Bill of Rights of 1869 made illegal the range of oppressive governmental actors in the United Kingdom. Two major revolutions occurred during the 18th century in the United States of America in 1776 and in France in 1789 leading to the adoption of the United States declaration of independence and the French declaration of the rights of men respectively thus, both of them established certain legal rights.

The American declaration of independence in its preamble states that “we hold this truth as self evidence that all men are created equal and are endowed by their creator with certain inalienable rights, among these are rights to liberty, life and pursue of happiness. These were followed by development in philosophy of human rights by philosophers like: Thomas Paine, John Stuart Mill, Thomas Hopps and Geremi Benthan in the United Kingdom with Montesqui, Jean Jacque Rousseau and John Luck in France.

The term human rights probably came into use sometime between Pains writing “The rights of man” and William Iloye Garcens’s 1831 writing “The liberator” saying he was trying to enrich his reading in “The great course of human rights”. However, there are two principal origins of theories of human rights

–           The liberty based theory of prevalence in common law jurisdiction.

–           The rights based theory of civil legal system.

Both addresses the relationship between the individual and the state, attempting to regulate interference by the state in an individual private life. In essence, the liberty theory demands that the individual is free from arbitrary state of interference while the rights theory are based on the inherent rights of people which the state must respect.

1.2 Objectives Of The Study

The obvious objective of this study is to examine the organization and functioning of human rights, how the rights of humans are violated and efforts made to ensure that rights are protected. The creation of the human rights commission in Cameroon as an objective of study and it’s general provisions as a whole.

1.3 Definition Of Terms

Definition of key terms: Organization functioning, human rights, violation, national security

–           Human rights: it refers to the basic rights and freedoms of which all humans are entitled. These include the rights to life, liberty, freedom of expression and equality before the law. These also include the socio-cultural, civic and economic people of all states. These rights are considered in alienable and linked to the theory of natural existence, inherent in all humans from the moment of birth.

–           Human Rights Violation: this refers to when for instance of state or non state actor or non actor commits an offence against any of the 30 articles of the universal declaration of human rights. These crimes are commonly referred to as crimes against humanity and do vary according to the level of the abuse.

–           National Security: It has to do with ensuring the protection and promotion of people civic and economic rights as well as their social and economic rights. This is usually the responsibility of the territorial government that defaulters of these rights are punished.

–           Organization: It can be seen as a group of people who work together in a structured way for a shared purpose and also can be seen as the planning of an activity or event. The Cambridge advanced learners dictionary defines it as the way something is done or arranged. While Oxford English dictionary says it is the act of organizing or an organized group of people with a particular purpose.

–           Functioning: It is defined as a way of work ors operating in a proper or particular ways in order to fulfill a particulars or specific purpose or task. Functioning can be said to be to performing the purpose of a particular thing or the duties of a particular person.

1.4 Significance of Study

The Cameroon constitution of 1972 and it’s national laws aim at fostering national peace and unity for all Cameroonians. This goes a long way to provide an atmosphere conducive for political, economic and socio – cultural advancement of the state. These key elements build a united and peaceful nation. It thus implies that a society void moral practical principle as a poor human rights record which thus represents a nation made up of an oppressed population.

Such a society gives room for the existence of many violations to the rights of its citizens by government and non-government. Furthermore, like all other state, Cameroon cannot isolate itself in this age from the rest of the world. As the saying goes “There is a positive and negative side to

Against the background of the foregoing, this study is therefore intended to assess the level at which the functioning and organization of human rights go a long way to ensure the safety and recognition of rights of individuals.

1.5 Problem Statement

The universal declaration of human rights which brought about the enforcement and making of the Cameroon penal code of human rights, the national commission for human rights with it’s head quarter in Yaounde and the center for human rights and democracy in central Africa which is a part of he united nations human rights with a branch also in Yaounde all have functioning and organs or organizations in their various areas and spheres of jurisdiction.

Thus our concern is the having to know and understand the functions and organization of human rights. And how it’s functioning and organization has gone a long way to enhance and improve and ensure the rights of every human being.

1.6 Scope And Limitation Of Study

The principal concern if the functioning and organization of human rights is limited to Cameroon specifically in Yaounde at the national commission of human rights and freedoms. The examination if it’s functioning and organization. Also what government has done to ensure the security of human rights of the citizens and ways to avoid violations of their rights.

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