CHAPTER 2: IMPLEMENTATION OF CIVIL AND POLITICAL RIGHTS
(articles 2 to 13)
18- In a context characterised by the extension of the democratic area and increase in security
challenges, strides made in protecting civil and political rights reflect the determination to
promote a more balanced society, protect the integrity of persons, and close the gap between
the desire to express individual liberties and to maintain social cohesion while guaranteeing
appropriate involvement of the people in the management of public affairs.
Section 1: Non-discrimination and Equality before the Law (articles 2 and 3)
19- In addition to the developments contained in the previous Report (§87 and 88),combating
discrimination and consolidating equality of all persons before the law remain the basic
principles of the Cameroon society and the guiding principles of the action of public
authorities (Rec 14). In this regard, section 242 of the Penal Code contains an innovative
provision which incriminates discrimination based on health status. Henceforth, authors of
stigmatization and discrimination against persons living with HIV/AIDS shall be punishable
with an imprisonment term of from 1 month to 2 years and a fine of from CFAF5, 000 to
CFAF500, 000. In addition, the ARV Community Distribution Strategy adopted in 2016
further helps combat discrimination against persons living with HIV/AIDS.
Section 2: Right to Life and Physical Integrity, and Right not to be subjected to
Torture (articles 4 and 5)
20- Since the human being is the primary resource and the intent of all development,
preserving life and physical integrity was a major concern. No death penalty was executed
since Cameroon has maintained the de facto moratorium (Rec 3). The death penalty is
maintained in the legislative arsenal mainly for dissuasive purpose. Guaranteeing the right to
life and physical integrity and the right not to be subjected to torture has a double dimension:
prevention and protection.
21- Concerning prevention, in addition to the general measures on the preservation of life
through guaranteeing the right to health that will be discussed below, the Penal Code adopted
on 12 July 2016 has consolidated protection of the physical integrity of the person. The scope
of the criminal responsibility of the author of torture has been extended to include traditional
leaders (section 277-3). Besides, a paragraph (c) has been added to subsection (1) of section
276 of the Penal Code which punishes whoever causes another’s death with a view to
trafficking the organs of the victim. The same Code further protects women and children
against violence (v. below). In addition, conferring jurisdiction on the Military Tribunal by
Law No. 2017/012 of 12 July 2017 to lay down the Code of Military Justice to hear and
determine matters relating to genocide, war crimes and crimes against humanity is in line with
the determination to protect human life.
22- Checking the circulation of lethal weapons is also vital in the prevention of threats to life.
The ratification of the Kinshasa Treaty referred to above and the enactment of Law No.
2016/15 of 14 December 2016 on the general rules on arms and ammunitions in Cameroon
and measures taken to ratify the Arms Trade Treaty are all geared towards prevention of
threats to life. Monitoring activities also helped seize arms in the territory and at the borders
of Cameroon. Besides, it should be noted that 371 weapons of war and 549 unconventional
arms in circulation in the country were seized by Defence and Security Forces.
23- Besides the normative framework, awareness-raising and education activities of persons
including law enforcement officers were carried out. In this regard, initial training curricula
were adjusted with focus on modules on “Human Rights and Freedoms” and “Prohibition of
Torture” for National Security staff. The average teaching hours increased from 30 to 240 for
the 5 modules, representing 48 hours per module. At the National Gendarmerie Training
8