CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

The concept of human right is comparatively new today. The concept of human rights per se, emanated from the initiative of European leaders, who as a result of the devastation and killings caused by World War Ⅱ, resorted to put an end to such mass killings.

As a consequence of these gross violations, the War Crime Tribunal on Nuremburg unmasked ‘’harrowing crimes against humanity’’ such as mass enslavement and entertainment , the leaders recognised the inalienable rights of man and stressed its respect by States in the Versailles Peace Treaty 1919 which led to the creation of the League of Nations.

Moreso, the situation went worse following the event in the 1930’s which culminated I World War Ⅱ in 1939, following the inception of the United Nations organization (UNO) in 1945. This year marked a full blown concept of human rights since then, the idea of human rights has gained a global recognition among state parties and the International Political System. The concept achieved greater grounds few years after with the adoption of the Universal Declaration of Human rights . (UDHR)

The UN Charter and the UDHR have since 1950 propagated a worldwide recognition and implementation of human rights and fundamental freedoms by state parties to the charter. The ideas of human rights and basic freedoms has in contemporary times gained a global recognition in International Law and occupies an integral part in most modern constitutions of states.

Human Rights are universal, inalienable, indivisible and interdependent rights of man, such rights include; right to life, right to property, freedom of property ownership.

There are obligations of the state towards individuals or groups in societies. Human rights are basic standards without which people cannot live in dignity. They are held by persons equally, universal and forever. To violate someone’s human right is to treat that person as though he or she were not a human being.

Furthermore, human rights are said to be those rights which are derived from nature, thus they are referred to as natural rights. These rights are inherent in man and are bestowed in man by virtue of his humanity. They are not inherited from anybody nor are they given to anybody by anyone. These rights are therefore inalienable, undeniable and inviolable.

Inherent in all was the fundamental principle of sacred value of human rights and obligations, to treat every human being according to his or her worth. These inherent rights ranges from the right to life, property, liberty and the pursuit of happiness, the right to peaceful assembly or peaceful demonstration, freedom of conscience, speech, worship, freedom from arbitrary arrest and detention and freedom torture and inhuman or degrading treatment or punishment, freedom of movement both within and without ones country and so on.

The Universal Declaration of Human Rights (UDHR) proclaim in unanimity by the United Nations (UN) General Assembly on the 10th December 1948 with 30 Articles covering a world wide range of rights as found in article 3, article 6, article 9, article 10 and article 11. Article 3 stipulates that ‘’ No one shall be subject to arbitrary arrest, detention or exile’’

With the inception of the United Nations Charter, in its article 56obliges its member states to recognised, promote and protect the principles of human rights in order for peace to reign again, once the devastation caused by World War Ⅱ.

The member states realised that for peace and socio-economic developments to be guaranteed, there was the need to promulgate the global respect for human rights. The best way to prevent, limit and resolve conflicts and violence and to ensure the wellbeing of the people lies in the respect of human rights.

Cameroon as a member state in the UN is not left out in this struggle for the promotion and protection of human rights and basic freedoms. To ensure that states maintain their commitments to the obligations adhered to, states are encouraged to incorporate the provisions of the UDHR and the UN Charter into their national laws, to set up national institutions which are to serve as agents for the promotion and defence of human rights and freedoms, and their respective jurisdictions through consciousness raising education, human rights campaigns, workshops and seminars.

In this light, Cameroon has made visible and recognised efforts in the promotion and protection of Human Rights. These efforts are seen in its ratification on the 24th March 1984 together with a host of other International Protocols on Human Rights and Freedoms as in the new edition of the constitution.

In the above constitution, the preamble recognises the rights of Cameroonians, it states thus ‘’we the people of Cameroon declare that the human person without distinction as to race, religion, sex or believe possess inalienable and sacred rights. We affirm attachment to the fundamental freedoms enshrined in the UDHR, and the UN Charter on Human and People’s Rights.’’

More so, the government of Cameroon in December 1990 passed a series of legislative reform’s showing a new era of political freedoms in order to ensure an effective protection and respect for human rights through a number of provisions for example, the Liberty Law of 29th December 1990 and the adoption of law no 96/1959 of 8thNovember 1996, to amend the June 1972 Constitution and to give way to human rights principles  set up a national institution known as the ‘’commission for the promotion and protection of fundamental human rights and freedoms throughout the country’’.

The research will examine issues of human rights, its growth and developments and how the National Commission for Human Rights Freedoms functions to promote and protect Human rights in Cameroon with specific case with specific case study to the protection of Prisoners rights in Cameroon.

1.2. Statement Of The Problem

The UNO has as some of its major commitments of; upholding, protecting and promoting the human rights of every individual. This commitment can be considered as a prerequisite for world peace.

A majority if not all of the World Nations are members of the UNO and therefore have it as a responsibility of implementing all the UNO’s goals among which is thee promotion and protection of fundamental; human rights. This is especially true in the less developed countries like Uganda, Somalia, Burundi and Cameroon. Which have been victims of gross human right violations.

The National Commission for Human Rights and Freedom (herein after mentioned as the NCHRF) is one of the institutions that is used to promote and protect human rights in Cameroon and across the territory.

However, the commission faces problems such as accessibility and resource dependence which turns to limit its smooth functioning. Thus this study is going to examine whether or not this commission is making strives, what are the main challenges as well as chances of success.

1.3. Research Questions

Based on the problems, the research seeks to answer the following questions;

1. What is the structure, composition and jurisdiction of the NCHRF?
2. What are the legal framework for the promotion and protection of rights of prisoners in Cameroon?
3. How effective is the commission in the promotion and protection of human rights in Cameroon with prisoners in focus?
4. What policy recommendation can be made to address the problem

1.4. Objectives Of The Study

1.4.1. General Objective

The main objective of this study is to examine the extent to which the commission functions in the promotion and protection of human rights across the Cameroon territory with specific focus on prisoners.

1.4.2. Specific Objective

The specific objective of the above topic includes;

1. To examine the structure, composition and jurisdiction of the NCHRF
2. To look at the legal framework for the protection and promotion of human rights in Cameroon with focus on prisoners
3. To make an effective appraisal of the protection of human right in Cameroon by the NCHRF
4. To make policy recommendation