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”.
CONSTITUTION OF THE REPUBLIC OF CAMEROON 1972 (REV. 2008)
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 offenses.
The criminal law of the Republic applies to piracy, trafficking in persons, the slave trade, drug trafficking, even outside the territory of the Republic.
However, no foreigner may be tried in the territory of the Republic for the acts referred to in this article committed abroad unless he has been arrested in the territory of the Republic and has not been extradited and Provided that the prosecution is initiated by the public prosecutor.
Article 291 - Arrest and sequestration.
(1) Every one who, in any manner whatsoever, deprives another of his liberty shall be punished with imprisonment of five to ten years and with a fine of 20,000 to 1,000,000 francs.
(2) A sentence is imprisonment for a term of ten to twenty years if
(A) If the deprivation of liberty lasts more than one month;
(B) if accompanied by physical or mental abuse;
(C) If the arrest is made either on account of a false order by the public authority, or with illegal wearing of uniform, or under a false quality.
Article 292 - Forced labor.
A prison sentence of one year to five years and a fine of between 10,000 and 500,000 francs or one of these two penalties shall be punishable only by a person who, in order to satisfy his personal interest, imposes on others a work or service for Which he did not voluntarily offer himself.
Article 293 - Slavery.
(1) A person who is imprisoned for 10 to 20 years is liable to imprisonment for
(A) Reduces or keeps a person in slavery; or
(B) Occurs, even occasionally, in trafficking in persons.
(2) A person who gives or receives a person as a pledge shall be liable to imprisonment for one to five years and a fine of 10,000 to 1 million francs. The court may also declare the disqualifications of article 30 of the present Code.
Article 341 infringement of filiation.
A prison sentence of five to ten years shall be imposed on a person whose conduct has the effect of depriving a child of the evidence of his filiation.
Article 342 - Slavery and Pledge.
Where the victim is a minor of eighteen years of age:
The penalty is imprisonment of fifteen to twenty years in the case of a crime as defined in article 293 (1);
The penalty is imprisonment of five to ten years and the fine of 50,000 to 1,000,000 francs in the event of an offense as defined in article 293 (2) and disqualification from article 30 of this article
Code can be pronounced.
Article 343 (new) - Prostitution.
(1) Every person of either sex who is habitually engaged, for remuneration, in sexual acts with one or both sexes, shall be liable to imprisonment from six months to five years and to a fine of between 20,000 and 500,000 francs. others.
(2) Any person who, for the purpose of prostitution or debauchery, proceeds publicly by gestures, words, writings or by any other means to the solicitation of persons of either sex.
Article 352 - Abduction of minors.
(1) A person who is a minor under the age of eighteen years shall be punished with imprisonment of one to five years and a fine of between 20,000 and 200,000 francs who, without fraud or violence, shall remove, Its legal or customary guardianship.
However, this paragraph shall not apply to a person who proves that he has been misled as to the age of the victim.
(2) This section does not apply where the minor person so abducted, trained or diverted marries the perpetrator of the abduction, unless the invalidity of the marriage was pronounced.
Article 353 - Abduction with fraud or violence.
A person who is twenty-one years of age, even if he thinks that he is older, is guilty of an offense punishable by imprisonment for five to ten years and a fine of between 20,000 and 400,000 francs, Against the will of those to whom his legal or customary guardian belongs.
Penal Code (PDF)
LAW NO 2011/024 OF 14 DECEMBER 2011 RELATING TO THE FIGHT AGAINST TRAFFICKING IN PERSONS AND SLAVERY
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)
LAW NO. 2005 / 015 29 DECEMBER 2005 ON THE FIGHT AGAINST TRAFFICKING IN CHILDREN
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.