CHAPTER ONE

INTRODUCTION

The concept of human rights has increasingly gained universal value with the universal declaration of human rights and the adoption of the united nation’s charter. This does not mean that, this period fundamental human rights and freedoms did not exist. It aimed at the promotion and protection of human rights and fundamental freedom existed out at primary level. The adoption of the united nation’s charter led to the recognition of the international community, which has also played an important role in popularizing the concept that, all human beings create advances have also been made in the promotion of human rights and in the elimination of racial discrimination world -wide (Declaration of human rights, 1984).

1.1 Background of the Study

The United Nations has created a body of human rights laws that have provided the world with accepted codes with human rights protection. This covenant has been approved by the general assembly of the United Nations organization that, the inherent dignity of all beings of the world and civil and political freedoms shall be enjoyed and respected not leaving out free rights to pursue economics, social and cultural development (Peter Davies, 1988: 1). The charter of the United Nations therefore set the pace by declaring its commitment to work for the human rights and fundamental freedoms for all, irrespective of race, sex, religion and language.

This was preceded by the universal, declaration of human rights in 1948 and the international treaties such  as  the  European  convention  of  human  rights  and fundamental freedoms (1950) the international convention on civil and political rights in 1966.

Since the universal   declaration   of human rights   in 1948 and subsequent human rights treaties and covenants and solidarity organizations.   World-wide, the concept  of human  rights  has  an  important  contribution   of  effort  to  address  and remedy profound  injustices,  both within and without  nation.

The   universal   declaration of human   rights   proclaimed    by   the   general assembly   of the united   organizations,  in 1948, has thirty   (30) articles.   These articles cover   a series of rights   for human   beings,  without   discrimination    or distinction of race/colour sex and language.  It falls within the domain of any living creature from birth.  It stipulates rights like the right of life, security, and torture or any cruel, inhuman or degrading treatment.

The research work is on rights likes those mentioned above.  It is based on Cameroon   prison   and prisoners,  in general   and particularity   the Buea   central prison.  It therefore, examines the extent to which these rights are respected.  Many prisoners suffer due to the lack of accountability of prison warders to commission of inquiry.

1.2.Statement of problem

The  international   community   condemned   torture   and  other   cruel   inhuman   or degrading  treatment  in  1984 in the universal  declaration  of human  rights  adopted by the united nation general  assembly.  In 1975, responding to the activities by non-governmental organization (N.G.Os). The    general    assembly    adopted the declaration   on the protection   of all persons   from being   subjected   to inhuman treatment or punishment.

Progress  was made  in the  1980s and  1990s, both in the development  of legal standard  and instruments  and in the enforcement  of the prohibition  of torture.  The

United Nations voluntary fund for victims of torture was established by the general

assembly  in  1981, to fund organizations providing  assistance  to victims  of torture and  their  families.  The convention   against  torture  and  other  cruel,  inhuman   or degrading  treatment  or punishment  was adopted by the general  assembly  1948,  and came into force in 1987. The implementation   by the state parties is monitored by a body of experts, the committee   against torture.   In 1997, the general   assembly proclaimed   26th June  united  nation  international  day  in  support  of  victims of torture.

Fifty-eight years  after  the  condemnation, twenty  –  nine  years  after  the adoption of the declaration of torture, and nine years after the proclamation by the general assembly as the UN.  International day of support of victims and torture, every June 26th what has changed in Buea central prison concerning culture? Have all forms of torture been eliminated in the prison? What is the altitude of the prison authorities toward torture and what is the perception of all prison inmates and those around its environs on torture?

What are the human right situation and prison condition in Buea municipality?

1.3 Objective of the Study 

The general objectives of the study are to assess the human rights situation and prison condition in Buea municipality. The specific objectives of the study are:

1. Identity all forms of torture in Buea central prison.
2. State measures that have been taken to eliminate torture and other cruel inhuman or degrading treatment.
3. Assess the perception of inmates, prison administration and citizens living around the prison vicinity and the awareness of the move to eliminate torture and other cruel inhuman or degrading treatment.

1.4. Scope of the Study

This study shall embody every aspect concerning prisoner’s cases in the Buea central prison to be specific and Cameroon prisons in general.

The study covers a  period  from 2019-2020  because  there  is  a  need to examine whether any changes have been made during this period, especially after people have propounded the need to eradicate violence in past projects and humanitarian works.

1.5. Assumption of the Study

The following are the assumptions of the study:

1. Government responding on human rights and liberties is usually presented to defend the interest of government.
2. Reports by individuals on their human rights and liberties violation by government are usually presented with some exaggeration.
3. Despite this disparity a consensus of opinion could be sought. Such a consensus can be bought by company reports of the different bodies and empirical data.