The National Commission on Human Rights and Freedoms of Cameroon: An Epitome of Government’s Contempt for Human Rights

CCDHR applauds the courage of Dr. Divine Chemuta Banda, Chairperson of the National Commission on Human Rights and Freedoms (NCHRF) in informing the Cameroonian people about some of the shortcomings of the institution he heads; shortcomings which are mainly of the Government’s making, intended to stifle progress towards the realization of human rights in Cameroon. In a press conference on August 12, 2009 on the presentation of the 2008 activity report of the National Human Rights Commission and the 2007-2008 report on the state of human rights in Cameroon, Dr. Divine Banda acknowledged that the National Human Rights Commission only has an 'observer status' making its work difficult as a truly human rights institution, empowered to work towards human rights promotion and protection.

National Human Rights Commissions are institutions created to monitor human rights situations within countries; promote awareness and respect for human rights; and protect or defend against violations of human rights. While many national human rights commissions around the world have been created in compliance with recommendations of the United Nations Human Rights Commission, and the Principles Relating to the Status of National Institutions (The Paris Principles), others have only been established following citizens’ pressure and demand for greater democracy. This is the case of the National Commission on Human Rights and Freedoms of Cameroon, which was created in 1990 as part of an involuntary response by the government to the citizens’ call for accountability. Although the Human Rights Commission has properly stated objectives, it is severely limited in its ability to carry out its mandate.

While Dr. Divine Banda should be commended for his ability to finally speak out publicly about the deficiencies of the National Human Rights Commission, his failure to address the main reason for the weakness and bull-dog status of the NCHRF is worrisome. CCDHR notes here that the Cameroon Human Rights Commission was created by a Presidential degree, and the Commission is solely accountable to the President who has the power to appoint and dismiss Commissioners at his discretion. As demonstrated for several years, the President’s decision on the appointment of Commissioners is mostly influenced by political inclinations rather than competence. Despite the recent semblance of the inclusion of some academics and civil society activists as Commissioners, the leverage of the National Human Rights Commission of Cameroon remains unchanged since its creation. This enables the executive to maintain tight control over the Commission, thereby compromising its independence.

Effective National Human Rights Commissions have the authority to investigate human rights violations, including the power of search and seizure, and the power to subpoena anybody to testify in an investigation. In addition, all state organs are obliged to render such assistance to the Commission as it may require in carrying out its task, even if the government is the subject of such investigation. CCDHR notes with regret that the Cameroon Human Rights Commission’s power in performing its protection mandate is extremely weak. It does not have the power of search and seizure; neither can it subpoena anyone to testify in an investigation of human rights abuse. Generally, it may seek cooperation when undertaking investigations but State Institutions are in no way obliged to render such assistance. The investigatory weakness of the NCHRF is even more apparent when the government is the perpetrator of human rights violation, as is often the case in Cameroon.

CCDHR recognizes that Dr. Divine Banda and the other Commissioners of the NCHRF may have all the good intensions and may been working hard to make the NCHRF an effective promoter and protector of human rights in Cameroon. However, considering the law setting up this body, their severely limited autonomy, and their inability to expose the government’s atrocities on its people, it is hard to imagine that the National Human Rights Commission of Cameroon will ever assume its responsible and respectable position in the society. CCDHR notes further that the promotion and protection of human rights nationally involves much more than just the existence of a national human rights institution. As such, CCDHR is calling on the Government of Cameroon to take the necessary steps to provide Cameroonians with a true National Human Rights Commission capable of handling their human rights concerns.

CCDHR is calling on Dr. Divine Banda and his team, the international community, civil society organizations, and all Cameroonians to pressure the Government of Cameroon into doing the following at a minimum:

• Allow the establishment of a new National Human Rights Commission with the requisite authority to execute its functions.

• Ensure non-partisan individuals only to sit as Commissioners on the Human Rights Commission after confirmation by parliament.

• Oblige all State Institutions by law to cooperation with the activities of the National Human Rights Commission.

• Ensure adequate financing and provide financial autonomy by law to the National Human Rights Commission.

• Place at the disposal of the National Human Rights Commission by law, all the accessories of investigatory powers, including the power of search and seizure, and the power to subpoena anybody to testify in an investigation.