Committee on the Elimination of Racial Discrimination

Concluding observations on the combined twenty-second and twenty-third reports of Cameroon *

1.The Committee considered the combined twenty-second and twenty-third periodic reports of Cameroon, submitted in one document, at its 2871st and 2872nd meetings, held on 13 and 14 April 2022. At its 2885th meeting, held on 26 April 2022, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the combined twenty-second and twenty-third periodic reports of the State party. It also welcomes the constructive dialogue with the State party’s delegation and thanks the delegation for the information provided during the consideration of the report and the supplementary responses provided after the dialogue.

B.Positive aspects

3.The Committee welcomes the following legislative, institutional and policy measures taken by the State party:

(a)The adoption of the national plan of action for the development of indigenous peoples, on 9 December 2020;

(b)The adoption of the National Development Strategy (2020–2030);

(c)The adoption of Law No. 2019/019 of 24 December 2019, on the promotion of official languages in Cameroon;

(d)The establishment, in 2017, of the National Commission on the Promotion of Bilingualism and Multiculturalism, in accordance with Law No. 2017/13 of 23 January 2017;

(e)The establishment of an intersectoral committee for the follow-up of programmes and projects involving vulnerable indigenous peoples, in accordance with Decree No. 22/A/MINAS/SG/DSN of 6 August 2013;

(f)The adoption of Law No. 2016/17 of 14 December 2016, instituting the Mining Code, which introduces the obligation for prior consultation with affected populations and ensures compensation in case of expropriation for public utility.

C.Concerns and recommendations

Statistics

4.The Committee expresses its concern about the lack of comprehensive statistics on the demographic composition of the population, disaggregated by ethnic or national origin and language spoken, including with regard to indigenous peoples, internally displaced persons, migrants, refugees and stateless persons, and on the socioeconomic status of the different population groups. While noting the information on the preparations to carry out the fourth general population and housing census, in accordance with Decree No. 2015/397 of 15 September 2015, and the information provided by the delegation that there are more than 250 ethnic groups in the State party, the Committee regrets the delay in the conducting of the census and that the census will not include data on the ethnic composition of the population (arts. 1–2 and 5).

5. Recalling paragraphs 10 to 12 of its guidelines for reporting under the Convention and its previous recommendation, the Committee recommends that the State party collect and provide to the Committee reliable, updated and comprehensive statistical data on the demographic composition of the population, based on the principle of self-identification, including on ethnic, ethnolinguistic and ethno-religious groups, indigenous peoples, internally displaced persons, and non-citizens, including refugees, asylum seekers and stateless persons, together with socioeconomic indicators, disaggregated by ethnicity, gender, age, region and languages spoken.

Convention in the domestic legal order

6.While noting that, in accordance with article 45 of the Constitution, ratified treaties override national legislation, the Committee regrets the lack of updated information on court cases in which the Convention’s provisions were invoked before or applied by domestic courts (art. 2).

7. The Committee recommends that the State party conduct training programmes and awareness-raising campaigns for judges, prosecutors, lawyers and law enforcement officials, as well as for the general population, to ensure that the provisions of the Convention are invoked by and before domestic courts. It requests the State party to include in its next periodic report specific examples of the application of the Convention by domestic courts.

Prohibition of racial discrimination

8.The Committee takes note of the information on Law No. 2019/020 of 24 December 2019 to Amend and Supplement Some Provisions of Law No. 2016/7 of 12 July 2016 relating to the Penal Code, and that the Law provides for increases in the sanctions for “acts of contempt of race or religion”. Nevertheless, the Committee remains concerned that the national legislative framework does not contain an explicit definition of racial discrimination on all grounds enumerated in article 1 of the Convention, particularly on the grounds of colour, descent, or national or ethnic origin, and that it does not expressly prohibit both direct and indirect racial discrimination in the public and private spheres (arts. 1–2 and 5).

9. The Committee recommends that the State party review its laws and policies to explicitly incorporate the principle of equality and the prohibition of racial discrimination on all prohibited grounds, in line with article 1 of the Convention, and to abolish incompatible concepts, such as that of “assimilation”. It further recommends that the State party adopt anti-discrimination legislation to prevent and combat racial discrimination covering all grounds of discrimination and encompassing direct and indirect discrimination in both the public and private spheres.

National human rights institution

10.The Committee takes note of the information on the establishment of the Cameroon Human Rights Commission in 2019 as the independent national institution for the promotion and protection of human rights, replacing the National Commission on Human Rights and Freedoms. While the Committee notes the information on the preparation of a bylaw on the secretariat of the Commission, the Committee is concerned about the lack of institutional independence of the Commission, as its 15 members are selected and appointed by the President of Cameroon without a transparent, participatory and merit-based process. It is also concerned about the inadequate level of funding and of human resources (art. 2).

11. The Committee recommends that the State party adopt legislative measures to introduce and implement a transparent, participatory and merit-based process for the selection of members of the Commission, respecting gender-balance and reflecting the composition of the population, and adequately provide the Commission with the human and financial resources that are necessary for it to fulfil its mandate effectively and independently.

Complaints of racial discrimination

12.The Committee takes note of the information provided by the State party on two cases of racial discrimination against national workers considered before domestic courts in 2012 and 2013. However, the Committee regrets the lack of updated information on complaints of racial discrimination received by the Cameroon Human Rights Commission, as well as on investigations, prosecutions, convictions and sanctions imposed by domestic courts and on the reparations and redress provided to victims (arts. 6–7).

13. The Committee draws the State party’s attention to its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, and recalls that an absence of complaints and legal actions relating to racial discrimination may reveal a lack of suitable legislation, poor awareness of the legal remedies available, a lack of trust in the judicial system, a fear of reprisals or a lack of will on the part of the authorities to prosecute the perpetrators of such acts. It recommends that the State party:

(a) Facilitate the system for filing complaints on racial discrimination and ensure its accessibility and availability to victims;

(b) Conduct training programmes for police officers, prosecutors and other law enforcement officials on the identification and registration of incidents of racial discrimination;

(c) Undertake public education campaigns on the rights enshrined in the Convention and on how to file complaints of racial discrimination;

(d) Establish a mechanism for collecting statistics on complaints of racial discrimination submitted to the Cameroon Human Rights Commission, as well as on investigations, prosecutions, convictions and sanctions imposed, and on the reparations provided to victims, disaggregated by age, gender and ethnic origin.

Hate crimes and hate speech

14.The Committee takes note of the information on the criminalization of hate speech and incitement to violence against individuals and groups on the grounds of “tribe” and “ethnic origin” under section 241 (1) of the Penal Code. Nevertheless, the Committee is concerned that the legislative framework does not contain provisions that expressly criminalize racist hate speech and hate crimes in accordance with article 4 of the Convention. The Committee also regrets the lack of information on efforts taken to monitor the spread of hate speech on the Internet and social media, as well as the lack of information, including statistics, on complaints filed, investigations and prosecutions carried out, and sanctions imposed against those responsible. It is also concerned about reports of incitement to racial hatred by public and government officials (arts. 4 and 6–7).

15. In accordance with its general recommendations No. 7 (1985) relating to the implementation of article 4 of the Convention, No. 15 (1993) on article 4 of the Convention and No. 35 (2013) on combating racist hate speech, the Committee also recommends that the State party:

(a) Review its legal framework, particularly the Penal Code, to explicitly criminalize racist hate speech, including online, and hate crimes in line with article 4 of the Convention;

(b) Take effective measures to encourage the reporting of racist hate speech and hate crimes, to ensure the availability and accessibility of reporting channels, and to collect data on complaints of racist hate speech and racially motivated crimes, on prosecutions, on convictions and on penalties imposed for such complaints and include those data in its next periodic report;

(c) Develop and conduct training programmes on hate crimes and hate speech for police officers, prosecutors, judges and other law enforcement officials, including on methods for identifying, registering and investigating racist hate crimes and cases of hate speech and prosecuting those responsible;

(d) Take measures to monitor the spread of racist hate speech on the Internet and social media, in close cooperation with Internet service providers and social media platforms;

(e) Adopt effective measures to ensure public condemnation of racist hate speech and to distance itself from racist hate speech by public figures, including politicians.

Human rights defenders and civil society organizations

16.While noting reports on the recent efforts to cooperate with civil society organizations, the Committee is concerned by reports that human rights defenders, members of civil society organizations and journalists, in particular those monitoring and reporting on the rights of ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples, have increasingly become targets of killings, enforced disappearance, threats, intimidation, reprisals and harassment, as a consequence of their human rights work (art. 5).

17. The Committee recommends that the State party carry out effective, thorough and impartial investigations into all reported cases of killings, enforced disappearance, intimidation and harassment of, and threats and reprisals against, human rights defenders, journalists and members of civil society organizations. It further recommends that the State party take measures, including legislative, to ensure that civil society organizations, human rights defenders and journalists, including those working on the rights of ethnic minorities and indigenous peoples, are able to carry out their work effectively and without fear of reprisals.

Situation of minorities and indigenous peoples

18.While noting the adoption of the national plan of action for the development of indigenous peoples, the Committee regrets the lack of information on the progress in finalizing the studies on national and ethnic minorities and indigenous peoples, which have been under preparation since 2013. It is also concerned about the lack of information on the preparation and adoption of the bill on the rights of indigenous peoples (arts. 1–7).

19. Recalling its general recommendation No. 23 (1997) on the rights of indigenous peoples and its previous recommendation on the matter, the Committee recommends that the State party finalize, within a clear time frame, the adoption of a comprehensive legal framework on minorities and indigenous peoples, including constitutional protection, with the effective and meaningful participation of indigenous peoples and ethnic groups as well as civil society organizations and the Cameroon Human Rights Commission, with a view to providing for special and concrete measures for the protection of such groups.

Special measures to address inequalities in the North-West and South-West Regions

20.The Committee notes the measures taken by the State party to address inequalities faced by ethnic and ethnolinguistic minority groups in the North-West and South-West Regions, such as the establishment of the National Commission on the Promotion of Bilingualism and Multiculturalism in 2017, the adoption of Law No. 2019/019, on the promotion of official languages in Cameroon, and the increase in the number of English-speaking public servants, particularly in the education and justice sectors. However, the Committee remains concerned about:

(a)Insufficient resources allocated to the Commission to carry out its mandate, and a lack of information on its roles and activities, particularly with regard to receiving complaints concerning non-compliance with the national legislative framework on bilingualism and multiculturalism;

(b)Reports that ethnic and ethnolinguistic minority groups in the North-West and South-West Regions are still subjected to exclusion and discrimination leading to inequality, particularly in accessing public services, due to the limited implementation of the bilingualism measures (arts. 1–7).

21. The Committee recommends that the State party:

(a) Strengthen its efforts to address inequality and to increase access by the population in the North-West and South-West Regions to public services, and their representation in the public sector, particularly in senior and decision-making positions;

(b) Allocate sufficient human and financial resources to the National Commission on the Promotion of Bilingualism and Multiculturalism, and provide detailed information on its activities in the next periodic report;

(c) Conduct an assessment of its measures to address inequalities, with a view to strengthening those measures, with the meaningful participation of community representatives, civil society organizations and the Cameroon Human Rights Commission.

Situation of ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples in the context of crises and the security situation

22.The Committee is deeply concerned about the widespread violence and lack of security in the North-West and South-West Regions, experienced since 2016, due to the attacks and clashes between the security forces and the armed separatist groups, as well as in the Far North Region, where non-State armed groups, including Boko Haram, carry out terrorist attacks against civilians. It is also concerned about the reports of inter-ethnic violence in Logone-et-Chari. While recognizing the obligation of the State party to protect every person under its jurisdiction against terrorism, the Committee is concerned about reports that ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples are subjected to grave human rights violations and abuses perpetrated by security forces under the counter-terrorism measures and by non-State armed groups, including unlawful killing, rape and other forms of gender-based violence, torture, arbitrary detention, abduction, enforced displacement and attacks, and destruction of property, including hospitals and schools. While noting the efforts of the State party to ensure accountability for these violations and abuses, including the investigation of some incidents, the Committee is concerned about the lack of an independent and comprehensive mechanism to investigate such reports of violations and abuses and to provide victims with redress and support. While noting that death penalties are not carried out, the Committee is also concerned about reports of the imposition of the death penalty on members of ethnic, ethnolinguistic and ethno-religious groups under Law No. 2014/028 of 23 December 2014 before military courts and without the provision of adequate interpretation (arts. 1–7).

23. The Committee recommends that the State party strengthen its efforts and adopt measures to achieve a peaceful solution to the crises and the spread of violence, including by:

(a) Prioritizing national reconciliation and transitional justice processes in the North-West, South-West and Far North Regions, to guarantee protection of ethnic, ethnolinguistic and ethno-religious groups and indigenous groups, with the effective and meaningful participation of representatives of these ethnic groups and indigenous peoples, civil society organizations and the Cameroon Human Rights Commission;

(b) Strengthening its efforts to ensure accountability and end impunity, including by conducting effective, thorough and impartial investigations into reports of violations of human rights perpetrated by security forces in the context of its counter-terrorism measures, as well as human rights abuses perpetrated by non-State armed groups, and to prosecute those responsible, and punish those convicted adequately;

(c) Taking immediate steps to provide effective medical and social support for victims, particularly women and girls who are victims of gender-based violence;

(d) Adopting effective measures to ensure that counter-terrorism measures do not discriminate against ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples and to guarantee detainees the right to due process and the right to challenge their detention and conviction under Law No. 2014/028, in line with the Committee’s general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system;

(e) Considering abolishing the death penalty.

Situation of ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples

24.The Committee notes the adoption of the National Development Strategy (2020–2030). Nevertheless, it is concerned about reports that ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples are subjected to direct and indirect, multiple and intersecting forms of discrimination, restricting the enjoyment of their human rights. The Committee is particularly concerned about:

(a)Reports of low representation of some ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples in the public sector and in decision-making and high-ranking positions, particularly among women belonging to these groups;

(b)The lack of information on the ongoing process of the review of the Labour Code, and reports of payment of unequal wages based on ethnic origins in the private sector and of forced labour and labour exploitation of indigenous peoples;

(c)The lack of information on measures to ensure access by indigenous people and ethnic groups to adequate public services in regions affected by violence, particularly in light of the attacks on hospitals and schools;

(d)The absence of updated information on the implementation of programmes to adapt the educational system to the culture of indigenous peoples (arts. 1–7).

25. The Committee recommends that the State party:

(a) Strengthen measures to ensure the effective participation of all ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples in political and public life and to increase their representation, including women, in the public sector, and in decision-making and high-ranking positions;

(b) Expedite the review of the Labour Code and adopt measures to ensure the effective implementation of the prohibition of racial discrimination in employment, and to prevent and investigate cases of forced labour of indigenous peoples, and prosecute those responsible;

(c) Adopt measures to ensure the availability of, and accessibility for all ethnic groups and indigenous peoples on an equal footing to, education and health-care services, including by enhancing the infrastructure of existing facilities and increasing the availability of schools and health-care facilities, particularly in areas affected by violence and remote areas;

(d) Strengthen its efforts in adapting the educational system to the cultures of indigenous peoples and ethnic groups and stressing intercultural and inter-ethnic exchange.

Land rights

26.While noting the information by the State party on the reform process of the land ownership framework, the Committee remains concerned about the inadequacy of the legislative framework on land ownership and compensation, which does not take into account the traditions, customs and land tenure systems of indigenous peoples or their ways of life, particularly as it makes the recognition of land ownership and compensation conditional on land development. The Committee is also concerned about reports that indigenous peoples are not consulted with a view to obtaining free, prior and informed consent regarding development projects on their lands and before lands are expropriated (art. 5).

27. Recalling the relevant recommendation in its previous concluding observations and the United Nations Declaration on the Rights of Indigenous Peoples, the Committee recommends that the State party:

(a) Accelerate the review of the legislative framework for land ownership, including the ordinances of 1974, the law on forests of 1994 and the law of 2016 instituting the Mining Code, to ensure the protection of the right of indigenous peoples to own, use, develop and control their lands, territories and resources, while ensuring their effective and meaningful participation in the review process;

(b) Adopt measures to ensure consultation with indigenous peoples on any projects or legislative or administrative measures that may affect their land, territories and resources and with a view to obtaining their free, prior and informed consent;

(c) Take measures to ensure access by indigenous peoples to effective remedies and provide them with just and fair compensation for the lands, territories and resources that they have traditionally owned or used and which have been confiscated, occupied or used without their free, prior and informed consent or have been damaged;

(d) Adopt measures to ensure the availability of, and accessibility by indigenous peoples to, the land administration offices and to ensure that the legal land registry procedural framework respects the customs, traditions and land tenure systems of indigenous peoples, without discrimination;

(e) Adopt measures to mitigate the impact of climate change on the lands, territories and resources of indigenous peoples with a view to protecting their customs and traditional ways of life, while preventing intercommunal conflicts.

Internally displaced persons

28.The Committee is concerned about the high number of internally displaced persons in the State party from ethnic, ethnolinguistic and ethno-religious minority groups and indigenous peoples fleeing regions affected by violence, who continue to remain displaced and face obstacles in accessing public services such as health-care services and education, particularly those who have lost their identity documents or did not have access to the birth registration system. The Committee is also concerned about reports that children without a birth certificate cannot enrol in the official school system, especially the official examination system (art. 5).

29. The Committee recommends that the State party:

(a) Develop and adopt policy and legal frameworks on the protection of internally displaced persons to ensure their access to public services, including health- care services, adequate housing and education, and establish a national mechanism mandated to prevent and protect against internal displacement;

(b) Adopt measures to facilitate the registration of internally displaced persons and to assist such persons in obtaining official documentation;

(c) Consider eliminating the requirement to present a birth certificate, in order to enrol internally displaced children in the official school and examination systems.

Birth registration and identity documents

30.The Committee notes the information provided by the State party on measures taken to promote birth registration and increase the availability of identity documents, including under the Civil Status Rehabilitation Programme. Nevertheless, the Committee is concerned about reports of the high number of children without birth certificates and persons without identity documents, as well as the shortcomings in the administration of the civil registry system, including corruption, high costs and complex procedures to obtain these documents. The Committee is also concerned that many internally displaced persons risk statelessness, as they have lost their identity documents and cannot obtain new identity documents due to the complex procedures and requirements, which also leads to discrimination in accessing employment, education, health care and other basic services (art. 5).

31. The Committee recommends that the State party strengthen its efforts to address the administrative shortcomings of the civil registry system and complex procedures and requirements. It also recommends that the State party adopt measures to ensure the accessibility, including by providing them free of charge, of birth registration and identity documents required for citizenship to prevent statelessness, particularly among internally displaced persons. It also recommends that the State party ratify the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

Refugees and asylum seekers

32.The Committee commends the State party for hosting a large number of refugees, who have fled subregional conflicts. Nevertheless, the Committee regrets the lack of information on guarantees against non-refoulement under the State party’s legal framework and the lack of updated information on the ability of refugees and asylum seekers to access basic services, including health-care services and education (art. 5).

33. The Committee recommends that the State party adopt legislative measures for the protection of refugees and asylum seekers, and ensure in law and practice full respect for the principle of non-refoulement. It also recommends that the State party adopt measures to ensure that refugees and asylum seekers can enjoy their economic and social rights, and to facilitate their integration into society.

Training, education and other measures to combat prejudice and intolerance

34.The Committee regrets the lack of information on measures taken by the State party to combat prejudices and intolerance, including the incorporation of human rights principles into school curricula and university programmes (art. 7).

35. The Committee recommends that the State party increase its efforts to raise public awareness of the importance of ethnic and cultural diversity and the fight against racial discrimination, and to integrate these concepts at all education levels in order to promote substantive inter-ethnic friendship and solidarity.

D.Other recommendations

Ratification of other treaties

36. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the Domestic Workers Convention, 2011 (No. 189) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization, as well as the International Convention for the Protection of All Persons from Enforced Disappearance, the Convention on the Rights of Persons with Disabilities, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

Amendment to article 8 of the Convention

37. The Committee recommends that the State party accept the amendment to article 8 (6) of the Convention adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111.

Declaration under article 14 of the Convention

38. The Committee encourages the State party to make the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.

Follow-up to the Durban Declaration and Programme of Action

39. In light of its general recommendation No. 33 (2009) on the follow-up to the Durban Review Conference, the Committee recommends that , when implementing the Convention in its domestic legal order, the State party give effect to the Durban Declaration and Programme of Action, adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the outcome document of the Durban Review Conference, held in Geneva in April 2009 . The Committee requests that the State party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level.

International Decade for People of African Descent

40. In light of General Assembly resolution 68/237, in which the Assembly proclaimed 2015–2024 the International Decade for People of African Descent, and Assembly resolution 69/16 on the programme of activities for the implementation of the Decade, the Committee recommends that the State party prepare and implement a suitable programme of measures and policies. The Committee requests that the State party include in its next report precise information on the concrete measures adopted in that framework, taking into account its general recommendation No. 34 (2011) on racial discrimination against people of African descent.

Consultations with civil society

41. The Committee recommends that the State party continue consulting and increasing its dialogue with civil society organizations working in the area of human rights protection, in particular those working to combat racial discrimination and including organizations representative of the groups most exposed to racial discrimination, in connection with the preparation of the next periodic report and in follow-up to the present concluding observations.

Dissemination of information

42. The Committee recommends that the State party’s reports be made readily available and accessible to the public at the time of their submission and that the concluding observations of the Committee with respect to those reports be similarly made available to all State bodies entrusted with the implementation of the Convention, including municipalities, in the official and other commonly used languages, as appropriate.

Common core document

43. The Committee encourages the State party to update its common core document, which dates to 2013, in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted at the fifth inter-committee meeting of the human rights treaty bodies held in June 2006. In light of General Assembly resolution 68/268, the Committee urges the State party to observe the limit of 42,400 words for such documents .

Follow-up to the present concluding observations

44. In accordance with article 9 (1) of the Convention and rule 65 of its rules of procedure, the Committee requests the State party to provide, within one year of the adoption of the present concluding observations, information on its implementation of the recommendations contained in paragraphs 19 (situation of minorities and indigenous peoples) and 31 (birth registration and identity documents) above.

Paragraphs of particular importance

45. The Committee wishes to draw the attention of the State party to the particular importance of the recommendations contained in paragraphs 21 (special measures to address inequalities in the North-West and South-West Regions), 23 (situation of ethnic, ethnolinguistic and ethno-religious groups and indigenous peoples in the context of crises and the security situation), 27 (land rights) and 29 (internally displaced persons) above and requests the State party to provide detailed information in its next periodic report on the concrete measures taken to implement those recommendations.

Preparation of the next periodic report

46. The Committee recommends that the State party submit its combined twenty-fourth to twenty-seventh periodic reports, as a single document, by 24 June 2025, taking into account the reporting guidelines adopted by the Committee during its seventy-first session and addressing all the points raised in the present concluding observations. In light of General Assembly resolution 68/268, the Committee urges the State party to observe the limit of 21,200 words for periodic reports.