Association de Lutte contre les Violences faites aux Femmes (Association against violences to women)- ALVF- Cameroon
Background
Cameroon ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) as well as most international treaties and covenants dealing with human rights and human dignity, including the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) and the Women’s Rights Protocol to the African Charter on Human and People’s Rights (ACHPR).
At the end of the 1995 Beijing Conference, states like Cameroon committed to enact national ESC rights-related laws on girls and women. When Beijing + 5 evaluation took place in Addis-Abeba, nothing had been done in Cameroon. Cameroonian women’s rights defence organisations working in an isolated manner or within networks engaged in the struggle to obtain the enactment of these laws.
Thematic networks are being set up and the ALVF has taken the lead of two of them: the network for the right to a protection against early marriage and to a violence-free existence. This women’s struggle is sometimes taken over by human rights protection organisations based in Cameroon.
Answer from the government
As a result of such pressure, the Cameroonian government initiated again, in 2001, the elaboration of a law that had been in the pipeline for twenty years, to replace the law which was once referred to as “family code”. It is now called “code of the family and persons”. The notion of “persons” shows the government’s willingness to answer grassroots people’s needs in terms of human rights. This law addresses the following ESC rights-related aspects: succession rights, right to social protection, minors’ rights to parent protection, right to nationality, right to a freely chosen employment and right to a decent standard of living.
The Cameroonian government chose to resume the elaboration of this law in partnership with civil society. But it determined the rights that were to be worked upon (the above-mentioned rights) as well as the scope and timing of actions. A five-step process was defined.
1- Government consultations
These consultations were to be conducted, as part of the reflection, by an ad-hoc expert Committee: the objective was to decide what human rights were going to be addressed and government orientations that were going to be developed in the law, after analysing the implications that would derive from the implementation of each right.
2- First draft
The Ministry of Social Affairs, which was responsible for conducting the process, relied on the work carried out over twenty years by CSOs, which were essentially composed of women, to come up with its draft. The latter was presented to various stakeholders, in order to adapt it to the many cultures that make up Cameroon and to enrich it.
3- Holding of national popular consultations
Their aim was to facilitate the contribution of as great a number of stakeholders as possible to the elaboration of the law: traditional and religious authorities, community-based organisations for the promotion of women’s and children’s rights and other CSOs. Sociological realities should also be taken into account: ethnic, cultural and religious bilingualism.
4- Discussions within communities
They took place within focus groups. The aim was to take grassroots communities’ needs as well as their expectations and their views into account, for a stronger adhesion to the final outcome.
5- Presentation of consultations’ outcome
Following this work, the government produced an improved draft bill. It presented it to a panel in which the various components of the Cameroonian society were represented.
At this conference, women’s rights defence organisations pointed out that despite the fact that ESC rights were taken into account into the government’s draft bill, women’s rights were not.
Presentation of the women-related ESC rights incorporation methodology
1- Feminists’ advocacy
- In 2004, feminists mobilised to advocate an egalitarian and equitable code of the family and persons.
- They formulated propositions, which they submitted to the Prime Minister and to the Ministry for the Promotion of Women and Family (MINPROFF), which was in charge of the elaboration of the said Code. They got no answer from the Prime Minister. The MINPROFF, on the other hand, considered that these propositions dealt with very sensible subject matters and that they were going to disturb the established order, by questioning the principles of family chief and succession. The government then stopped inviting the ALVF to working sessions on the drafting of the law.
2- The ALVF diversified its strategy:
- The association started to attend meetings where it was not invited and had hardly any say.
- It tried to raise the awareness of the other women organisations not entitled to submit their views.
- It participated to private TV and radio broadcasted programs.
The ALVF and the other women organisations did advocacy towards the officials of the Ministry of Justice (MINJUSTICE), whose mandate was to validate bills before their tabling in the National Assembly. They were approached individually. Group consultations were then organised to draw up a joint strategy aiming at reaching out to other officials of the same Ministry with a stronger decision-making power.
Results of advocacy
In 2007, the last draft of the bill incorporating propositions made by women organisations was produced. Examples of new provisions:
- The place of residence can be chosen by both spouses (the husband and family chief only used to have a say).
- As far as succession rights are concerned, the wife ranks 3rd, before collateral successors (they were in the 8th position in the former civil code).
- The legal marrying age is 18 years old for girls and boys (it used to be 15 and 18 years old respectively).
- Women have the right to nationality and are allowed to transmit it to their children, should they wish to do so.
- Women have the right to a decent standard of living (as opposed to the former civil code, which granted them this right as long as “it [did] not undermine the balance of the family”).
The draft Code is pending adoption by the National Assembly in a form that we consider as appropriate. It was presented to the National Assembly last week, but had little echo because of civil and political rights-related issues that were being debated at that time.
Conclusion
Cameroonian society as a whole has been more educated on civil and political rights. It is in a better position to expose their violations or denial than it is for ESC rights, which it does not seem to be very knowledgeable about. Even as people’s demands at the heart of riots that have been happening in Cameroon relate to ESC rights (right to a decent living, a decent work and decent salaries, right to education, to health,...), issues are not addressed in terms of human rights. Human rights defenders are not mobilised as they have been against CP rights violations (arbitrary arrests, summary executions, etc.).
Propositions
As ESC rights allow everyone to fully enjoy human rights specific to each group, the following actions should be taken:
1- Focus on the training of the various stakeholders, at different levels:
- CSOs,
- administrative officials in charge of ESC rights enforcement,
- ESC rights beneficiary groups.
2- Raise the awareness of a wide public on ESC rights.
3- Create an ESC rights network in Cameroon for the purpose of popularising these rights and forcing states to incorporate and respect them.
4- Set up a Central African ESC rights platform or integrate that of West Africa.
