Introduction
694- The ratification, on 28 December 2012392, of the Protocol to the African Charter on
Human and Peoples’ Rights on the rights of women in Africa came to consolidate
Cameroon’s commitment to the promotion of the principle of gender equality which is an
overreaching value of Government action. Indeed, in a context marked by her significant
demographic weight, the woman occupies a strategic position in the Cameroonian society
which makes her an actor of socio-economic development and a member of the society.
695- Through this Initial Report, Cameroon seeks to engage in a frank and constructive
dialogue with the African Commission on Human and Peoples’ Rights (ACHPR) to present
the various measures taken at the legislative, administrative, judicial and institutional levels in
a bid to respect the rights of women. The implementation of these rights is the result of an
inclusive approach, which saw the participation of actors from the State, civil society,
development partners as well as the National Commission on Human Rights and Freedoms
(NCHRF).
696- This participative and inclusive approach to the implementation of the rights of women
was also the guiding principle for the drafting of this Report as was indicated in the
introduction to Part A regarding the Report on the Charter (see the General Introduction of the
Report, §2).
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Brief Description of the Legal Framework (Constitution, Laws, Policies
and Programmes)
697- The Ratification of the Maputo Protocol enriched the national legal framework for the
promotion and protection of women’s rights. In Constitutional Law No. 96/6 of 18 January
1996, Cameroon reaffirmed the commitment of its citizens to the principles enshrined in the
Universal Declaration of Human Rights, the United Nations Charter and the African Charter
on Human and Peoples’ Rights. To this effect, it is stated in the Preamble of the Constitution
that “the human person, without distinction as to race, religion, sex or belief, possesses
inalienable and sacred rights” and that all “persons shall have equal rights and obligations”.
This reminder that Human Rights are Universal did not prevent the protection of rights
according to specific groups. Thus, “the Nation shall protect women, the young, the elderly
and the disabled”.
698- This stand in favour of gender equality, protection of women and non- discrimination
against women is one of the founding principles of public policies. Moreover, legislative and
regulatory norms have been enacted to present constitutional guidelines aimed at enhancing
the status of women.
699- As regards Laws, the following are worth mentioning:
- The Civil Code (1804), the Matrimonial Causes Act (MCA 1973), the Probate non
Contentious Rules, the Wills Act (1837) and the Administration of Estate Act (1925)
which cover several provisions from the “Droit civil” and the Common law aimed at
protecting women’s rights. For example the enshrining of inheritance rights for
women, property and extra patrimonial rights;
- Ordinance No. 81/2 of 29 June 1981 to organize Civil Status Registration in Cameroon
which recognises the right for a married woman to exercise a trade different from that
of her husband as well as the OHADA Uniform Act on General Commercial Law
which provides for the married woman to carry out a separate commercial activity;
- Law No. 2016/7 of 12 July 2016 relating to the Penal Code wherein several provisions
may be used to sanction attempts against the physical and moral integrity of women;
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Date of submission of the text for ratification.
115