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Cameroon |
CHILDREN
The situation of youngsters held in Cameroon’s prisons is far from satisfactory, in spite of legislation which conforms with UN requirements
In general, current legislation takes account of UN recommendations concerning young people who have got into trouble with the law and who are being held in confinement. In spite of that, most children in Cameroon’s prisons receive little benefit from the legal requirements drawn up for their protection. As things are at present, a custodial sentence teaches them how to become delinquents — it certainly doesn’t rehabilitate them into society.
In 1999, the Ministry for Territorial Administration (MINAT) carried out an investigation into conditions prevailing in 19 of Cameroon’s larger prisons. The investigation brought to light that 385 prisoners were legally «minors» and were being held «on remand»; 49 others had already been judged and sentenced.
These figures do not take into account youngsters already in Cameroon’s five young people’s detention centres. Neither do they include those (a significant number) who are placed in the custody of their families by a judge. Even though a young person is considered to have broken the law, a decision is sometimes taken to leave the young offender either in their parent’s charge or under the supervision of a suitably qualified Social Services’ worker.
This decision to return the child to the family care is one of the special measures concerning child welfare, enacted by Cameroon’s lawmakers and the Convention of the United Nations concerning the Rights of the Child. Cameroon ratified this Convention on 11 January 1993.
Freedom to remain in society, is however, not always an appropriate solution for all children who have come into conflict with the law. It can only be effective when the child is not basically delinquent, and whose families are honest. What makes a child delinquent? This was defined in a Workshop organized in Yaounde, 28 July-1 August 1997, under UNICEF‘s aegis.
The age of criminal responsibily
When it comes to criminal responsibility vis à vis a young offender, then the law is somewhat less harsh. There’s absolutely no question of capital punishment or life imprisonment. According to Law 97-009 of 10 January 1997, the maximum prison sentence which can be passed on a young person, is ten years.
There’s also a special legal procedure. The law leaves the appointment of defence council for the child, to the judge’s discretion. It permits the judge to decide if defence council is even necessary during the hearings. In so doing, the child is spared a long, drawn-out period of waiting before trial, and to constant delays during the trial because lawyers are «unavailable». The judge is obliged to take into account all the circumstances surrounding the affair, and anything to do with what makes the child «tick».
If the young person is actually caught committing a crime, a defence council is obligatory. When the defendant can’t afford such council, then the Court appoints someone as defence lawyer, at the State’s expense. Indeed, legal procedure is so uncomplicated when it comes to juveniles, that the necessity of designating a defence lawyer is exceptional. The fact is, the number of juvenile delinquents who must have legal aid, (because of the nature of their crime), more or less corresponds to those who are tried and sentenced.
Young people appearing in court frequently don’t know what’s going on. They can only do so if they have the help of a defence lawyer. However, this only becomes obligatory during the preliminary hearings before a magistrate and during the actual trial. Thus, only 20.3% of prisoners held before trial know that legal aid has been granted them; whereas 80% of those who have been tried, admit to have profited from it.
Classification according to age
Cameroon’s legal system takes into account the degree of the child’s development, and scales the measure of responsibility according to the offender’s age. Also, the Courts make every effort to determine if the child really understood the enormity of the offence when it was actually committed.
A child 10-years old and under is considered to be «not responsible» in the eyes of the law, so there’s no question of court action. Parents, however, can be called upon to pay damages to the victim. This comes under the laws relating to civil liability.
Aged 10-14, a child can be held «criminally responsible», but cannot be made subject to a committal order.
For juveniles more than 14 years old, the law provides for a number of penalties when a crime has been committed. These can be in the nature of what is legislated for younger children, but there can also be a prison sentence. Minors in this age group are the only ones who can be imprisoned.
«On remand»
This is an exceptional situation because every effort is made to leave the young person in society. The judge only uses this option in cases of absolute necessity, preferring that the child is entrusted to a responsible guardian. The government is very concerned when a child must be placed on remand, and does everything possible to try and shorten this period before trial. In spite of this, young offenders can remain on remand for abnormally long periods.
In Cameroon, a child is placed on remand for up to 199 days. However, this varies from one province to another, and changes because there’s nothing fixed from a legal point of view. This means that frequently cases are very slow in coming to Court, sometimes because of the judge’s negligence.
Procedural delays, lengthened by the various necessary checks and investigation’s into the child’s background, can take time.
The risk of being placed on remand is increased when a young person commits an offence together with an adult accomplice. The law then states that investigations into the child’s involvement must be carried out under the same conditions as his adult accomplice. Young offenders belonging to gangs form a substantial percentage among prisoners on remand.
Gang members are considered to be more dangerous than a first time or «one-off» offender, but when it comes to the type of offence committed, the same treatment must be seen to be meted out to everyone accused of that kind of offence. So, individual young offenders who have committed an offence with an adult accomplice, are likely to be placed on remand.
Custodial sentences
Custodial sentences for minors are covered by Decree Number 92-052 of 27 March 1992. There are five categories of prisons envisaged, classified according to the nature of their activities. 1) Selection prisons where a decision is taken regarding the prisoner’s place of detention. 2) Isolation prisons where young offenders considered to have a bad influence on other young offenders, are confined. 3) Prisons where there are opportunities for work. 4) Prisons where education is provided. 5) Special prisons which guarantee that young offenders’ rights are respected. Indeed. it is all-important that young offenders are provided with work and educational opportunities which interest them. Care must be taken vis à vis their health. Their self-respect must be assured. They must be encouraged to adopt attitudes and to acquire knowledge which will help them when they leave prison, and return to society.
Even though young offenders may for a time be deprived of their liberty, they still have certain civil, economic, political, social and cultural rights guaranteed by Cameroon’s Constitution and by international law.
Faults in the prison system
In spite of all this modern legislation, the fact is, that in Cameroon, young offenders lack the minimal conditions recommended by the United Nations. The various kinds of prisons mentioned above, don’t yet exist.
Reliable statistics are still unavailable, but the MINAT‘s investigations seem to indicate that food, clothing, and hygiene are provided only in a haphazard sort of way in many prisons.
Not much attention is paid to young offenders’ health needs. Only 47.7% of prisons have a functional infirmary, and only 50.5% of young offenders have access to primary health care.
In theory, there are opportunities to follow a general and technical education. Young offenders can sit state examinations and obtain the same diplomas as other youngsters. But the level of education imparted remains qualitatively and quantitatively low. The fact is, only 34.5% of young offenders can receive some kind of education, which only covers approximately 19.2 hours per week — which isn’t much.
If a young offender is to be prepared to re-enter society, then some kind of specialised training must be provided. But this can only be given in a permanent way in 21.1% of prisons.
With these insufficiencies, are added the poor quality of building maintenance, outdated equipment, supervisory staff are poorly trained, and youth confinement centres are overpopulated. The number of imprisoned young offenders vastly exceeds available places!
Because of all this, it’s clear that current prison conditions cannot and do not achieve the desired results. Prisons are tough places and can form a deterrent for youngsters trying to live decent honest lives, and who are subject to all kinds of bad example in today’s society. Many teenagers fail to understand existing dangers in the world about them.
Cameroon’s penal system provides (again, in theory) for special young offenders’ units in the prisons. The purpose is to stop young offenders coming into contact with adult prisoners — contacts which can cause all kinds of moral pollution. But only 42.1% of Cameroon’s prisons have these special units, which means that only 62.1% of young offenders can be housed properly.
Prison buildings should be organised in such a way that young offenders can be completely separated from adult prisoners. The reality is far from perfect — Toilet facilities are frequently shared; only 59.1% of young offenders have their own running water facilities, while just 59.9% have their own bathrooms. Only 31% have adequate exercise and sports’ facilities and a mere 30.5% can enjoy library facilities.
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