Human rights are solemnly recognized by the Constitution of the Federal Republic of Cameroon, which affirms in Title I “its attachment to the fundamental freedoms enshrined in the Universal Declaration of Human Rights and the United Nations Charter”.
Preamble
We, the people of Cameroon,
Declare that the human person, without distinction as to race, religion, sex or belief, possesses inalienable and sacred rights;
Affirm our attachment to the fundamental freedoms enshrined in the Universal Declaration of Human Rights, the Charter of United Nations and the African Charter on Human and Peoples' Rights, and all duly ratified international conventions relating thereto, in particular, to the following principles:
3.freedom and security shall be guaranteed each individual, subject to respect for the rights of others and the higher interests of the State;
7.no person may be compelled to do what the law does not prescribe;
- every person has a right to life, to physical and moral integrity and to humane treatment in all circumstances. Under no circumstances shall any person be subjected to torture, to cruel, inhumane or degrading treatment;
- every person shall have the right and the obligation to work;
Constitution of the Republic of Cameroon (PDF)
Article 11. International Offences
The criminal law of the Republic shall apply to mercenary, racial discrimination, piracy, trafficking in persons, slave trade, slavery, trafficking in narcotics, trafficking In toxic wastes, money laundering, cyber criminality, corruption and offences of misappropriation of public property committed even outside the territory of the Republic.
Provided that, no foreigner may be tried in the Republic for such an offence committed abroad unless he has been arrested in the Republic and has not been extradited, and except at the instance of the authority controlling prosecution
Article 291. False Arrest
(1) Whoever in any manner deprives another of his liberty shall be punished with imprisonment for from 5 (five) to 10 (ten) years and with fine of from CFAF 20 000 (twenty thousand) to CFAF 1 000 000 (one million).
(2) The punishment shall be imprisonment for from 10 (ten) to 20 (twenty) years in any of the following cases:
a) where the deprivation of liberty lasts for more than a month; or
b) where it is accompanied with physical or mental torture; or
c) where the arrest is effected with the aid of a forged order from a public authority or of a uniform unlawfully worn, or pretending an appointment not held.
Article 292. Forced Labour
Whoever for his personal advantage compels another to do any work or to render any service which he has not offered of his own free will shall be punished with imprisonment for from 1 (one) to 5 (five) years or with fine of from CFFAF 10 000 (ten thousand) to CFAF 500 000 (five hundred thousand), or with both such imprisonment and fine.
Article 293. Slavery
Whoever enslaves any person or keeps him in slavery shall be punished with imprisonment for from 10 (ten) to 20 (twenty) years.
The Court may in addition impose the forfeitures described in Section 30 of this Code.
Article 341. Cloud on Parentage
Any person whose conduct has the result of depriving a child of the evidence of his true parentage shall be punished with imprisonment for from 5 (five) to 10 (ten) years
Article 342. Debt Bondage of Persons
(1) Whoever subjects a person to debt bondage shall be punished with imprisonment for from 5 (five) to 10 (ten) years and with fine of from CFAF 10 000 (ten thousand) to CFAF 500 000 (five hundred thousand).
(2) The penalties provided in Subsection (1) above shall be doubled where the offender is either an ascendant, a guardian or a person having even customary custody over the victim.
(3) Whoever boards a person in debt bondage shall be punished with imprisonment for 10 (ten) years and with fine of from CFAF 10 000 (ten thousand) to CFAF 1 000 000 (one million).
(4) The court may also impose the forfeitures provided for in Section 30 of this Code.
Article 342-1. Trafficking and Slavery of Persons
(1 )Whoever engages even occasionally in the practice of trafficking in persons or slavery shall be punished with imprisonment for from 10 (ten) to 20 (twenty) years and with fine of from CFAF 50 000 (fifty thousand) to CFAF 1 000 000 (one million).
(2)Whoever engages in trafficking in persons and slavery shall be punished with imprisonment of from 15 (fifteen) to 20 (twenty) years and with fine of from CFAF 100 000 (one hundred thousand) to CFAF 10 000 000 (ten million) where the:
A) offence is committed against a minor of 15 (fifteen) years old;
B) perpetrator is a legitimate, natural or adopted ascendant of the victim;
C) offender has authority over the victim or is expected to participate by virtue of his duties in the fight against slavery or in peace keeping;
D) offence is committed by an organized gang or an association of criminals;
E) offence Is committed with use of a weapon
F) victim suffers injuries as described in Section 277 of the Code or;
G) where the victim dies as a result of acts related to the offence.
(3) The Court may also impose the forfeitures provided for In Section 30 of this Code
Article 343. Immoral Earnings
(1) Whoever, of either sex, who engages habitually for gain, in sexual intercourse with another shall be punished with imprisonment for from 6 (six) months to 5 (five) years and with fine of from CFAF 20 000 (twenty thousand) to CFAF 500 000 (five hundred thousand).
(2) Whoever, in view of prostitution of or debauchment, proceeds with public gestures, words and writing or by any other means to the soliciting of persons of either sex shall be punished in like manner.
Article 352. Kidnapping of Child
(1) Whoever without force or fraud takes or entices away any person under 18 (eighteen) years of age, against the will of those to whom custody belongs by law or by custom, or procures him to leave that custody shall be punished with imprisonment for from 1 (one) to 5 (five) years and with fine of from CFAF 20 000 (twenty thousand) to CFAF 200 000 (two hundred thousand):
Provided that this Subsection shall not apply to a person misled as to the age of the minor.
(2) The subsequent marriage of the offender to the victim shall have no effect on the prosecution and conviction.
Article 353. Kidnapping by Force or Fraud
Whoever by force or fraud takes or entices away any person under the age of twenty-one years, notwithstanding that he thought him older, and against the will of those to whom custody belongs by law or by custom or procures him to leave that custody shall be punished with imprisonment for from 5 (five) to 10 (ten) years and with fine of from CFAF 20 000 (twenty thousand) to CFAF 400 000 (four hundred thousand)
PENAL CODE (PDF)
Section 2:
For the purpose of this law, the following definitions shall apply:
b) Trafficking in Persons: The fact of promoting or ensuring the movement of a person inside or outside Cameroon in order to obtain, directly or indirectly, a financial or other material benefit of whatever nature;
c) Slavery in Persons: Defined as the recruitment, transfer, accommodation or reception of persons for exploitation, through threat, the use of force or other forms of coercion, kidnapping, fraud,deception, abuse of authority or taking advantage of a state of vulnerability or through offer or acceptance of benefits to obtain the consent of a person having authority over the victim;
d) Exploitation of Persons: Shall include, at least, the exploitation or promotion of prostitution of persons, or any other forms of sexual exploitation, exploitation of labour, or forced labour, slavery or practices similar to slavery, serfdom or the removal of organs ;
f) Debt Bondage of Persons: The fact of pledging a person as security before a creditor of a loan or a debt for purposes of exploitation.
Chapter II: Offences and Punishment:
Section 3
1) Whoever subjects a person to debt bondage shall be punished with imprisonment for from 5 (five) to 10 (ten) years and a fine of from 10 000 (ten thousand) to 500 000 (five hundred thousand) CFA francs.
2) The penalties provided for in Section 3 (1) above shall be doubled where the offender is either an ascendant, a guardian or a person having even custody over the victim.
3) Whoever boards a person in debt bondage shall be punished with imprisonment for 10 (ten) years and with fine of from 10 000 (ten thousand) to 1 000 000 (one million) CFA francs.
Section 4
Whoever engages even occasionally in the practice of trafficking in persons or slavery shall be punished with imprisonment of from 10 (ten) to 20 (twenty) years and with fine of from 50 000 (fifty thousand) to 1 000 000 (one million) CFA francs.
Section 5
Whoever engages in trafficking in persons and slavery shall be punished with imprisonment for from 15 (fifteen) to 20 (twenty) years and with fine of from 100 000 (one hundred thousand) to 10 000 000 (ten million) CFA francs where:
- The offence is committed against a minor of 15 years;
- The perpetrator is a legitimate, natural or adopted ascendant of the victim;
- The offender has authority over the victim or is expected to participate by virtue of his duties in the fight against slavery or peace keeping;
- The offence is committed by an organized gang or an association
Law No 2011/024 of 14 December 2011 relating to the Fight against Trafficking in Persons and Slavery (PDF)
Article 2
For purposes of this Act the following definitions - shall be admitted:
a) child means a person of either sex aged under 18;
b) trafficking in children means the act of promoting or ensuring the removal of a child within or outside Cameroon to obtain, directly or indirectly, a financial or other benefit equipment, regardless of the nature;
c) trafficking of children extends as recruitment, transfer, harboring or receipt of children for exploitation, threat, use of force or other forms of coercion, abduction, fraud, deception, abuse of authority or taking advantage of a position of vulnerability or of giving or receiving benefits to achieve the consent of a person having authority over a child;
d) the exploitation of children include, at minimum, the exploitation of children or procuring or other forms of sexual exploitation, exploitation of child labor or services, slavery or practices similar, servitude or the removal of organs;
e) the consent of the person is flawed: when acts of violence were committed against the victim - or even those who have legal custody or customary;
f) the pledging of children: the act of putting a child as collateral to a creditor as security for a debt or debt for the purpose of exploitation.
Chapter II: Sanctions
Article 3
(1) shall be punished with imprisonment from five to ten years and a fine of 10,000 to 500,000 francs, any person who places a child pledge.
(2) The penalties provided in paragraph (1) shall be doubled if the perpetrator is either a rising or a guardian or a person caring for the child even customary for the victim.
(3) shall be punished by imprisonment of ten (10) years and a fine of 10 000 to 1 000 000 francs a person who receives a child pledge.
Article 4
Is punished with imprisonment from ten to twenty years and a fine of 50,000 to one million francs a person who engages, even occasionally, trafficking or trafficking of children.
Article 5
The trafficking and child trafficking are punishable by imprisonment of fifteen (15) to twenty (20) years and a fine of 100,000 to 10,000,000 francs;
a) When the offense is committed against a minor 15 years;
b) When the perpetrator is a legitimate, natural or adopted child of the victim;
c) When the offender has authority over the child or is required to participate in its functions to the fight against trafficking or peacekeeping;
d) When the offense is committed by an organized group or criminal association;
e) When the offense is committed with a weapon;
f) When the victim was injured as described in section 277 of the Penal Code or when she died as a result of acts related to those facts.
Article 6
The authors, co-authors and accomplices in crimes of pledging, trafficking and child trafficking are also condemned to the penalties provided by section 30 of the Penal Code.
Article 7
Notwithstanding the criminal responsibility of their leaders, corporations can be held criminally liable and sentenced to fines envisaged above where the offenses were committed by such officers, acting in the exercise of their functions.
Cameroon Fight Against Trafficking in Children Legislation (PDF)
Section 2
(1) The right to work shall be recognized as a basic right of each citizen. The State shall therefore make every effort to help citizens to find and secure their employment.
(2) Work shall also be a national duty incumbent on every able-bodied adult citizen.
(3) Forced or compulsory labour shall be forbidden.
(4) "Forced or compulsory labour" shall mean any labour or service demanded of an individual under threat of penalty, being a labour or service which the individual has not freely offered to perform.
(5) However, the expression "forced or compulsory labour" shall not include :
1. any work or service exacted by virtue of compulsory military service laws and regulations for work of a purely military nature;
2. any work or service in the general interest forming part of the civic obligations of citizens as defined by the laws and regulations;
3. any work or service exacted from any person as a consequence of a conviction in a court of law;
4. any work or service exacted in cases of force majeure, that is to say, in the event of war, disaster or threatened disaster, such as fire, flood, severe violent epidemic or epizootic diseases, invasion by animals, insects or plant pests, and in general, any occurrence that would endanger or threaten to endanger the existence of the well-being of all or part of the population.
