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Section 2: Systemic Measures Put in Place to Protect, Promote and Fulfil the Rights of Persons with Disabilities in Cameroon

The protection and fulfilment of the rights of persons with disabilities in Cameroon is based on international, regional and national instruments, accords and principles. Looking at the regional aspect of this study, an accent is put on the African region and on what makes the systemic provisions unique in Cameroon.

At the international and regional levels

A. Instruments for the promotion and protection of the rights of persons with disabilities an the follow-up mechanisms

The presentation of these instruments takes into consideration the problems of the rights of persons with disabilities. Thus, we shall treat these instruments at two levels: at the level of the United Nations and at the African level.

1. At the level of the United Nations

The international obligations on the question of the rights of persons with disability are constraining. In this sense it gives the state the obligations to ensure the rights of persons with disabilities are recognized. But they are also non-obligatory i.e. the state simply engages itself to ensure the respect of the rights of persons with disabilities. These international instruments are general and only specific for a certain category of persons with disabilities.

1.1. Obligatory or constraining United Nation instruments

The essential ones are:

  • The universal declaration of human rights of 1945;
  • The convention on the elimination of racial discrimination of 1965;
  • The international Covenant on Social, Economic and Cultural Rights of 1966;
  • The convention on the elimination of all forms of discrimination on women of 1979;
  • The convention on the rights of the child of 1989;
  • The convention of the international labour’s organisation n° 159 on professional re-adaptation and employment of disabled persons;
  • The convention against torture of December 1984;
  • The convention on the protection of the rights of immigrant workers and their families;
  • The international convention in relation to the rights of Persons with disabilities of 13 December 2006 opened to signature and ratification since the 30th of March 2007. It was signed since its adoption by 80 countries.
1.1. a. The Universal declaration on human rights, article 1, 2, 7 and 25

All human beings are born free and equal in dignity and rights …. Each one can boast of all his rights and freedom … without any distinction …. All are equal before the law and have rights without distinction, to equal protection before the law. All have rights to equal protection against discrimination …. and against all incitement to such discrimination ….everybody has the right to a satisfactory standard of living that guarantees his/her health, his/her well-being ….especially … right to security in case … of disabilities …

1.1. b. The International pact on social, economic, an cultural rights: Articles 2, 6, 7, 11, 12, 13 and 15

Countries that are part of this pact seek to assure that the rights …. are applied without any discrimination …. these countries recognise the right to work … equal payment for a job with equal values …. the right for all to have a satisfactory standard of life …. To enjoy the best state of physical and mental health that he is capable of attaining …. As for education, it has to place every one at a state where he can freely play a useful role in the society …. primary education has to be freely accessible to all; secondary education has to be general and made accessible to all… higher education has to be made accessible to all in full equality …. the state recognises the right for all … to participate to cultural life; to benefit from scientific progress and its applications.

1.1. c. The International pact relative to civil and political rights

Countries involve …. engage themselves to … guarantee to all individuals … the right …. without any distinction ….; that … any body, whose rights and freedoms are stolen, will dispose a useful appeal …. None shall be submitted to torture, pain or any cruel treatments, inhuman or degrading. Particularly, it is forbidden to submit someone with freely asking his medical or scientific background…. All are equal before the court and the courtyards of justice …. All have the right to be recognised in their environment of personal jurisdiction …. none shall be the subject of arbitrary interference or illegal in his private life, his family, his home …. the right to marry and form a family is well known to man and woman …. Every citizen has the right and the possibility … to take part in the management of public affairs …; to vote ….; to attain, in equal general conditions, to public posts … All are equal before the law and have right without any discrimination to the equal protection of the law. In this effect, the law has to forbid all discrimination and guarantee equal and efficient protection against discrimination to all.

1.1. d. The Convention of the international labour’s organisation n° 159 on professional re-adaptation and employment of persons with disabilities: Articles 2, 3, 4, 7 and 8

Each member has to …. Formulate, put into action … a national policy concerning professional rehabilitation and employment of Persons with disabilities. This policy should have as goal to make sure that measure of adequate professional rehabilitation are made accessible to all categories of Persons with disabilities and to promote the possibilities of employing Persons with disabilities in the job market …. This policy should be based on the principles of equal opportunity between disabled workers and workers in general. Equality of opportunity between male and female disabled persons should be respected. Competent authorities have to take measures in view of providing …. services of professional orientation, professional training, placement, employment, and other connections that can permit Persons with disabilities to obtain and conserve a job opportunity and to progress professionally … Measures have to be taken to promote the creation and development of services of professional rehabilitation and employment for Persons with disabilities in rural isolated zones ...

1.1. e. The Convention on the rights of the child

State parties commit themselves to respect … and to guarantee the rights of every child within their jurisdiction, without distinction … the states take every measures … appropriate to protect children from every form of violence, attack, physical or mental brutality …. bad treatment or exploitation … States recognise that children who are mentally or physically disabled have to live a normal and decent life, in conditions that guarantees their dignity, their independence, and facilitate their active participation in their community … States involved recognises the rights of children with disabilities to benefit from special treatments, encourage and assure grant on demand to disabled children who fulfil the necessary conditions and for those taking care of them, favourable assistance… the assistance … is conceived in such a way that the children with disabilities have effective access to education, training, medical care, rehabilitation, preparation for a job and to procreative activities. They have to benefit from these services in a proper way to ensure social integration and their personal happiness …

1.1. f. Declaration of the rights of persons with disabilities: Articles 2, 3, 4, 5, 6, 7, 8, 9 and 10

Persons with disabilities should be enjoy their full rights … these rights are to be recognised to all Persons with disabilities without any exception, nor distinction or discrimination. Handicaps only have rights in respect to their human dignity. Persons with disabilities no matter their origin, nature and seriousness of their problems and deficiencies, have the same rights as their counterparts …, i.e. that of enjoying a decent life, as normal and lively as possible … They also have the same civic and political rights as any normal human being … they have rights that permit them to have as much autonomy as possible … They have rights to medical, psychological and functional treatments, including devices of prosthesis; to medical and social rehabilitation; to education; to training and to professional reintegration; to aid, council, services of placement and any other services which assures maximum valorisation of his capacities and aptitudes and hasten the process of his social integration or re-integration … Persons with disabilities have rights to economic and social security and to a decent standard of living. They have the rights within their capacities to obtain and retain a job offer or to practise an occupation that will be useful, productive and remunerated. …The personal needs of persons with disabilities have to be taken into consideration at all stages of the economic and social planning. They have the right to live by their families … and to participate in all social, creative and procreative activities. No persons with disability shall be subjected … to a different treatment which is not in line with his/her state. If the stay of persons with disabilities in a specialised institution is indispensable, the environment and the living conditions should be much similar to that of the people of his age group … Persons with disabilities should be protected from all forms of exploitations, rules or discriminatory and improper or deteriorating treatments.

1.2. Non-constraining or obligatory United Nations instruments

The essential ones include:

  • The Declaration of the rights of Persons with disabilities proclaimed by the general assembly of the united Nations in its resolution 3447 (xxx) of 09th December 1975;
  • The Principles to protect persons with mental illnesses and ameliorate health care, adopted by the general assembly of the United Nations in its resolution 46/119 of 17th December 1991;
  • The United Nations rule for equality of opportunities for Persons with disabilities adopted by the general assembly of the United Nations in its resolution 48/96 of 20th December 1993;
  • The World’s Action Programme for Persons with disabilities;
  • The Cairo Action Programme;
  • The Copenhagen declaration;
  • The Copenhagen action programme;
  • The Beijing Action Platform.
1.2.a. Declaration of the rights of persons with disabilities of the United Nations in its resolution of 09th December 1975

In addition to the definition that this declaration gives concerning persons with disabilities, this text assembles the rights that persons with disabilities benefit from without any discrimination, in 13 articles. It includes amongst others rights: the respect for human dignity, civic and political rights, rights to greater possibilities of self-independence, rights to medical treatment, to social and economic security, right to a family life, and to the protection against all forms of torture.

1.2.b. The United Nations regulation on the equality of opportunities for persons with disabilities adopted by the General Assembly of the United Nations in its resolution 48/96 of 20th December 1993

The United Nations regulations on equal opportunities for persons with disabilities adopted by the General Assembly of the United Nations are based on 22 points. A few examples are: Sensitisation, healthcare, rehabilitation, support services, accessibility, education, employment, leisure, sports and culture, information and research religion, working conditions, etc.

1.2.c. World's action programme for persons with disabilities

The activities of the World’s Action Programme for persons with disabilities resulted in the declaration of the International Day for Persons with Disabilities in 1981 which was adopted by the General Assembly of the United Nations in December 1992 (resolution 37/52).

1.2.d. Principle to protect persons with mental illnesses and ameliorate health care, adopted b the General Assembly of the united Nations in its resolution 46/119 of 17th December 1991

The United Nations on the basis of non discrimination adopted 25 principles that will serve as guidelines for the protection of persons with mental illnesses and ameliorate health care treatments.

1.2.e. The Vienna declaration, part 1 para. 22 and part 2 para. 63 and 64

We should particularly ensure that persons with disabilities are not victims of discrimination and are able in equal conditions to enjoy their rights and fundamental freedom of as every human being as well as actively participating in all aspects of social life … the World’s Conference on Human Rights reaffirmed that, human rights and fundamental freedoms are universal and for that reason, were applicable to all, without restrictions to persons suffering from disabilities.

All human beings are born equal and have the same rights to life and wellbeing, education and work, independent life and to actively participate in all social aspects of life. Any form of direct discrimination or any discriminatory treatments against persons with disabilities constitute a violation of their rights … Persons with disabilities are entitled to a place as their desires lead them. We should guarantee equal opportunities for them by eliminating all forms of obstacles, be it physical or financial, as well as social or psychological that restricts or prevents their full integration in societal life.

1.2.f. The Cairo action programme

The Objectives are to:

  • See to it that all persons with disabilities enjoy their rights and participate in all aspects of social, economic and cultural life;
  • Create and reinforce conditions to balance the chances for persons with disabilities and guarantee the acknowledgement of their potentials in the economic and social development process;
  • Ensure the respect of the dignity of persons with disabilities and protect their independence…;
  • Measures to be taken: … At all levels, public authorities have to favour mechanisms that guarantee the respect for the rights of persons with disabilities and strengthen the possibilities of their integration….
1.2.g. The Copenhagen declaration

We the Head of State and Governments, … shall define an action frame within which: … we will guarantee that, underprivileged and vulnerable persons and groups participate in the social development and ensure the recognition by the society of the consequence of the exclusion and to respond to it by ensuring the respect of the rights of person and by making the physical and social environment accessible….

We shall ensure equal opportunities at all levels of education for the child, the youth and the adult with disability.….

We will see into it that persons with disabilities have access to rehabilitation services and to other services that permit them to live an independent life so as to permit them live a comfortable and independent life thereby participating fully in the social life.

1.2.h. The Copenhagen action programme; Para.62 (a), (c), (d) and 75(k)

To better open the job market to persons with disabilities, we should: ban legislation and work regulations which discriminate against persons with disabilities …. Adapt working environments to the needs of persons with disabilities … provide all forms of employment for example, working assistantship to persons with disabilities who are in need of such services … Governments should in collaboration with organisations of disabled persons and the private sector, give equal opportunities to all so that persons with disabilities can fully take part in the social activities and enjoy all the advantages that follow. Policies concerning persons with disabilities should be centred on their competence and not their disabilities thereby respecting their dignities as citizens …

1.2.i. The Beijing action platform, par.106 (c) and (d)

Measures to be taken: … conceive and put in place …, health programs while taking into consideration the gender issue … so as to answer to the need of women … Ensure that girls and women of all ages, suffering from any form of inability, receive aid.

2. At the level of the Organisation of Africa Unity

At the African regional level, the principal instrument for the protection of the rights of persons with disabilities is the African charter on human and people’s rights, as well as few other conventions and some additional protocols to the African charter.

2.1 African charter on human and people’s rights: adopted by the O.U.A.

The African charter on human and people’s rights in other words (Charter of Banjul) seeks to promote and protect human rights and fundamental freedoms in the African continent. Adopted by the Organisation African Unity (O.U.A.) in 1981, the Banjul charter entered into force in 1986. It remains the first normative instrument for the promotion and protection of human rights in the continent.

This charter does not only protect the rights of individuals, but also the rights of persons in a 'group' or a 'collective' unit. In this manner, it constitutes a lasting legacy. Better still, the charter equally places obligations on individuals beside those placed on member states. It covers a wide range of human right aspects such as the: civic and political rights, socio-economic and cultural rights and the rights to development.

2.2 The O.A.U. convention, dealing with the problem of African refugees

Adopted in Addis-Ababa during the O.A.U. conference of the Heads of State, which held from the 6th to the 10th of September 1969, the OAU convention, managing the problem of African refugees was signed and it was entered into force on the 20th of June 1974.

2.3 The African charter on the rights and wellbeing of the child

The African charter of the rights and wellbeing of the child was adopted in Addis-Ababa in July 1990.

2.4 Protocols relating to the African charter on human and people’s rights relating to the creation of an African court on human and people’s rights

It was created and adopted in Ouagadougou, on the 09th of June 1998, from the protocol relating to the African charter on human and people’s rights.

2.5 The Protocol of the African charter on human and people’s rights relating to the African woman

From the project of Protocol to the African charter on Human and People’s Rights relating to the African woman, this Protocol was adopted on May 28th 2003 at Addis-Ababa, Ethiopia, during a meeting of Ministers of African Union.

B. Follow-up mechanisms on the Instruments of Promotion and Protection of the Rights of Persons with Disabilities

These follow-up mechanisms on instruments of promotion and protection of human rights will be looked into, at different levels in relation to the various institutions namely: the United Nations level, the African region, America, European or other specialised institutions.

1. The United Nations follow-up mechanisms for persons with disability

1.1 Mechanisms put in place with respect to human rights instruments

These mechanisms are Commission bodies ensuring the implementation of signed treaties by Member States. They include:

  • The Commission to eliminate racial discrimination (C.E.R.D.);
  • The Human right commission (H.R.C.);
  • The Commission to eliminate discrimination against women (C.E.D.A.W.);
  • The Commission against torture (C.A.T.);
  • The Commission on the rights of the child (C.R.C.);
  • The Commission for the protection of the rights of migrant worker and members of their family (C.M.W.);
  • The Commission on the rights of person’s with disability (not yet active).
1.2 Mechanisms instituted by virtue of the regional instruments of human rights
  • The European court of human rights;
  • The Inter- American commission for human rights;
  • The American court of human rights;
  • The African commission for human and people’s rights;
  • The African court for human and people’s rights where we can add the role of N.G.O.s.

2. Special procedures

Special follow-up procedures for the implementation of instruments on the promotion and protection of human rights are:

  • Special rapporters (rapporteurs);
  • Working groups that can intervene at the level of the states. They are thematic or stately.
  • The Human right commission which since 2006, became known as the Human rights council. This organ treats issues addressed to the United Nations Secretary General.

3.Appeals to the follow-up mechanisms

3.1 The authors of appeal

Appeals to these Treaty Follow-up mechanisms can be done by:

  • States;
  • Individuals;
  • Moral persons (N.G.O.s, associations and the civil society in general)
3.2 Types of appeals

Appeals to these mechanisms can be done in many ways:

  • By sending appeals or complaints against the States;
  • By communications or sending petitions against the States.

It should be noted that appeals may be compulsory or optional.

4. The Legal strength and the nature of actions taken by these mechanisms

The international law was created by States who put in place mechanisms to peacefully settle their differences. By so doing, they agreed to preserve and respect State sovereignty. For this reason, many of these international appeal actions have non legal backings.

Generally, the appeals have enabled these international organs to formulate the following:

  • Observations;
  • Recommendations ; or
  • Opinions and judgements

As far as the 7 aforementioned treaty organs, as well as the I.L.O., the Inter- American commission for human rights and the African commission for human’s rights are concerned, decisions taken at their level have semi-legal backings.

Less frequently, some of these appeals have legal coining and this leads to legal international rulings which may become obligatory or constraining for the accused State party, compelled to respect the ruling. This includes appeals sent to international institutions such as:

  • The European Court of Human Rights;
  • The Inter-American Court of Human Rights ; and
  • The African Court of Human and Peoples Rights.

The outcome and judgements rendered by these bodies becomes an obligation for the concerned State.

At the national level

All persons with disabilities must be able to fully enjoy their rights without exemption, distinction or discrimination. These rights have to be recognised and guaranteed by texts and their implementation must be followed by strong and adequate policies, structures and facilities. How is the situation here in Cameroon? This question will be approached using the following angles:

A: Sources of the rights of persons with disabilities in Cameroon

In Cameroon, the promotion and protection of the rights of persons with disability finds their source in international texts which Cameroon is party to as well as the limited National texts on:

  • The Universal declaration of human rights, articles 1, 2, 7 and 25;
  • The International pact on the economic, social and cultural rights; articles 2, 6, 7, 11, 12, 13 and 15;
  • The Convention of the international labour organisation N° 159, articles 2, 3, 4, 7 and 8;
  • The Declaration on the rights of persons with disability , articles 2, 3, 4, 5, 6, 7, 8, 9 and 10;
  • The Convention on the rights of the child, articles 2, 9 and 23;
  • The African charter of human and people’s right of 27th June 1981;
  • The Cameroon constitution;
  • Law N° 83/13 of 21st July 1983 relating to the protection of persons with disability;
  • Degree N° 90/1516 of 26th November 1990 binding the modalities of application of law N°83/13 of 21st July 1983 relating to the protection of persons with disability;
  • The penal code in its article 282 relating to the neglect of persons with disability.

It should be noted that the United Nations convention relating to the rights of persons with disabilities adopted by the General Assembly on December 13th 2006, which was open for signature and ratification by the states in May 2007, has not yet been signed or ratified by Cameroon.

B: Overview

Generally, a disability is considered an individual problem which results from a deficiency, an incapacity, or the inability to use certain parts of the human body.

In Cameroon, there exists no constitutional definition of disabilities. However law n° 3/013 of 21st July 1983 and its degree of application n° 90/1516 of November 26th 1990 relating to the protection of persons with disabilities fills this vacuum. Moreover it should be noted that these texts constitute excellent legal background for the protection of persons with disabilities in Cameroon. This law which contains in all 12 articles has been subject to criticisms. Many consider its enacting terms to be more of an incitement than an obligation for the State. This law despite its weaknesses helped to put the State away from criticisms and to fill the gap that existed as far as the protection, promotion and the socio-economic integration of persons with disabilities. As such, article 1 of the 1983 law defined a person with disability as, someone who, stricken by physical or mental, congenital or accidental deficiency, experiences difficulties to carryout his/her duties as any normal person.

It should be noted that, the law of 1983 concerned all the categories of disabilities that exist in Cameroon, most especially; the blind, deaf, dumb, dwarfs, retarded, etc.

The Cameroon constitution guarantees the rights of all its citizens amongst which are persons with disabilities. However, they are practically relegated to the second rank in many domains in our society such as: employment, education, environment, health, infrastructure etc.

Article 3 (1 and 2) of the 1983 law, forbids all forms of discrimination towards persons with disabilities. This measure has been criticised for its ambiguity because its practice is uncertain; for example families and sometimes the society in general, show little concern towards persons with disabilities.

Besides the existence of this law in favour of the rights of persons with disabilities, a national forum on the rights of persons with disabilities was held in June 2005. There has been brainstorming on the idea of the creation of a national solidarity fund in favour of persons with disabilities and many charitable associations and organisations have championed this idea. The Ministry of Social Affairs which is the supervisory body of this demographic has signed a document with the Ministry of Secondary Education that guarantees free secondary education for persons with disabilities. Moreover, a presidential decree was signed, which instituted National Identity Cards for persons with disabilities.

C: Government structures that care for persons with disabilities

The Ministry of Social Affairs is the principal government structure that in charge of issues for persons with disabilities in Cameroon. Within this Ministry, there exists a department in charge of the promotion and protection of the rights of persons with disabilities. This Ministry works as an umbrella under which other organisations of the civil society operate. The missions of this department are as follows:

  • The establishment of a disability card to persons with disabilities in the case of a disability that is approved by the competent authorities;
  • The creation of rehabilitation centres for persons with disabilities in Yaoundé, Buea and Garoua to provide them with professional training in specialised domains;
  • The allocation of subventions for the smooth operation of associations and institutions that work with or for persons with disabilities. This is because, the terms of article 24 (2) of the 1990 decree which allocates material or financial assistance to persons with disabilities have not always been respected. Even when it is respected, the amount is not aligned with respect to the demand;
  • The creation in 1996 of the National Committee for Rehabilitatation and Reintegration of persons with disabilities in order to put together, initiatives to create an environment of equal opportunity for persons with disabilities;
  • The creation of a specialised school for the deaf (E.S.E.D.A.);
  • The creation of a follow-up centre for retarded and mentally deranged persons (Centre Jamot)…

In addition to these government structures, there exists in Cameroon a national institution for the promotion and protection of human rights known as the National Commission on Human Rights and Freedoms in Cameroon, (N.C.H.R.F.)created by the law n° 2004/016 of 22nd July 2004. This institution has the general mandate to ensure the promotion and the protection of the rights of every body, including persons with disabilities. In the framework of its activities, it submits annual reports to the Head of State and the president of the National Assembly; semi-annual reports to the Prime Minister, Minister of Territorial Administration and Decentralisation and also to the Minister of Justice. These reports can also be sent to its international partners especially the United Nations. In order to implement this law, a Working Group in charge of the rights of special categories of persons was created within this Commission in November 2006, and it is presently headed by a person with disability who is a member of the Commission.8

Note #8
This person is Mr. Ondoua Abah Gabriel, Chairman of the National Union of Associations of Persons with Disabilities of Cameroon (U.N.A.P.H.A.C.).

D: Poverty and persons with disabilities

In the Cameroonian society, persons with disabilities are the most vulnerable and poorest because most of them are under educated and under employed. Many live in the streets and begging has become their major occupation. Poverty is seen as one of the factors that obstructs the assistance society could provide to these persons with disabilities. In reality, many families in Cameroon live below the poverty threshold. In these conditions, it becomes difficult to give the required assistance to the families of persons with disabilities.

So to fight against poverty amongst persons with disabilities, the following measures have been taken by the State:

  • Encourage persons with disabilities to create individual enterprises, production and sales cooperatives. (Article 15 of 1990 degree);
  • Assist persons with disabilities with technical training programmes (Article 16 of degree);
  • Provide partial or full tax exemption and postal charges to persons with disabilities;
  • Provide subventions to assist private institutions that work toward facilitating the independence of persons with disabilities ;
  • If possible, provide material and financial assistance in the form of pension, to persons with disabilities who posses a valid disability card (Article 26 (1) of degree);
  • If possible, assist collectively, groups and associations of persons with disabilities, as well as legalised organisations that takes care of persons with disabilities or member of their families (Article 23 (2) of degree);
  • Provide medical assistance to persons with disabilities after presentation of a disability card established by a competent authority. This aid covers the cost of consultation, lab test, hospitalisation, operation and evacuation services (Article 25 of degree);

However, not all persons with disabilities possess a disability card. Even those who have this card do not always benefit from these health services when they go to the health centres in Cameroon.

E: Education and persons with disabilities

In Cameroon the practice in families who have children with disabilities is that, choices are open to nondisabled children whereas children with disabilities are looked upon by families as unproductive and unnecessary burdens. Nondisabled children are encouraged in their studies.

Bearing in mind the fact that, persons with disabilities are human beings with the same status as any other person in the society, the government has elaborated framework to promote and protect their rights. In this effect, the law of 1983 with its degree of application has relaxed measures concerning the age limits for persons with disabilities to enrol in school. Article 5 (3) of the 1990 decree for example stipulates that: pupils and students with disabilities are authorised to repeat a current class twice if the failures in the examinations are caused by the difficulties related to their physical or mental state. Paragraph 4 of the same article stipulates that; qualified persons with disabilities in specialised private training institutions, should be attributed subventions or special didactic materials, scholarships in schools and universities, gifts in cash or kind to young persons with disabilities and to children born of parents with disabilities in need.

These positions would have been laudable if they were matched with effective measures for their implementation. So far, their implementation has been slow and difficult. We should however appreciate the partnership that exist between the Ministry of Secondary Education and the Ministry of Social Affairs, materialised by the joint circular N° 34/06/LC/MINSEC/MINAS of 02 August 2006 which guaranteed free education and an end of year examination fees for students with disabilities of public secondary schools.

F: The economic situation in Cameroon

The government policy to fight against unemployment takes into consideration persons with disabilities. Among the measures taken by the government to fight unemployment, is the creation of the National Employment Fund (N.E.F.); a structure that welcomes, orientates and trains job seekers. However, it has been noticed that this structure does not always give the place of choice to persons with disabilities. Due to their physical condition and in consideration of the existing law, a person with disability deserves special attention in line with the provisions of articles 15 to 20 of the decree of application of the 1990 law .. In this light, persons with disabilities can appeal for and obtain partial or total tax exemption at the level of the Ministry of economy and Finance.

G: Specialised structures for the training of persons with disabilities

There are no government structures specialised in the training of persons with disabilities. However, a few private structures exist for the professional training of persons with disabilities such as:

  • Bobine d’Or in Yaoundé trains females with disabilities in sewing and designing. At the end of their training, sewing machines are given to them and some financial assistance that can permit them to open their own workshops;
  • Rehabilitation Institute for the Blind in Buea (R.I.B.) that trains Persons with disabilities in craftsmanship etc.

H: The employment of persons with disabilities

In Cameroon as in many other African countries, access to the job market is difficult and constitutes a major pre-occupation for many young qualified persons with disabilities. Measures to deal with this difficulty/barrier for persons with disabilities (the most vulnerable group) are found in the decree of 1990 in its article 11 (1) which holds that, Persons with disabilities who have received professional or academic training, shall benefit from the same conditions of recruitment and remuneration in public and private employments as any other normal person as far as the post is compatible with their state. Paragraph 2 of this article adds that In no case should disability be a motive for the discrimination against or rejection of a candidature.

A proper understanding of this article shows a serious contradiction of terms between the two paragraphs. Meanwhile paragraph 1 stipulates that a person with disability can only take part in exams compatible with his/her condition. Paragraph 2 claims that, his/her disability should not constitute an obstacle to his/her recruitment. From these two texts, we can notice some deliberate acts of discrimination and exclusion of persons with disabilities in the employment process.

In Cameroon, there exist various forms of competitive examinations whereby persons with disabilities can take part, but their candidature is not always accepted. More over, there exists no national rule that specifies their employment conditions and the type of employment they can apply for. In addition, article 12 of the above mentioned decree stipulates that public and private enterprises should reserve as much as possible, job opportunities which are accessible to persons with disabilities, to the proportion of at least 10%. Once again, it is regrettable to mention that this position is not yet applied.

I: Accessibility in favour of persons with disabilities

The law of 1983 and its decree of application have regulated and facilitated the accessibility of persons with disabilities to certain institutions. For example, article 34 of the decree makes provisions for home assistance and reduction of transport fares for persons with disabilities.

Article 35 stipulates that in the domain of studies and social accommodations, the public authorities concerned should, allocate within their programmes, a proportion of special accommodations for persons with disabilities who use wheel chairs or who suffer from mobility problems.

Article 39 of the same decree holds that Public places, institutions and the entire residential estates should have as much as possible, reserved parking lots, public toilets, special telephone booths and equipments adapted to the physical conditions of persons with disabilities. They have to be in-line with the accessibility standards as demanded by article 37 and 38 as cited above.

Since the promulgation of this decree 17 years ago, no initiative has been taken to put these recommendations to action.

J: Environment and persons with disabilities

It is with great regrets that we note that in Cameroon, there exists no standard legal provision that enables persons with disabilities to fully enjoy the right to a secured and comfortable environment .It has also been noticed that persons with disabilities are not taken into account during the construction of roads and dwelling structures.

K: Communication and persons with disabilities

Persons with disabilities are disadvantaged when confronting communication barriers. . No concrete action has been taken by the government to give them easy access to information. This responsibility has two implications.
Firstly, the law of 1983 and its decree of application are not obligatory or constraining enough.

It is therefore imperative to stimulate/lobby parliament to vote on the law that has been developed by the Ministry of Social Affairs. This law devotes great emphasis to the repercussions for authorities or actors who refuse to integrate persons with disabilities in their political, social or economic programmes.

In another respect, the media is almost indifferent regarding the question of persons with disabilities in Cameroon. Their attitude has a negative influence on the ongoing policies concerning the promotion and protection of the rights of persons with disabilities. We cannot ignore the fact that the media is a powerful medium of communication which has an incomparable capacity of social transformation. Their full participation is necessary in order to change the perception of the population towards persons with disabilities.

L: Social affairs in Cameroon

In the Cameroon society, persons with disabilities suffer from discrimination from various sources: families, neighbours and the society at large. One of the approaches adopted by the government to fight against this discrimination has been by integrating them through legal provisions in activities such as sports, recreations and international competitions. By article 21 (2) of the decree, a program of sport and physical education has been planned for persons with disabilities at the secondary and university levels.

M: Civil and political rights

Persons with disabilities who are citizens of Cameroon have according to the Constitution, the same rights as any other normal citizen. These rights for example include: the right to vote and participate in the political affairs of the country. Nonetheless, practical measures are not always taken to enable the person with disability to enjoy his/her rights. Voting stations in Cameroon and the voting systems for example, are not adapted to the conditions of the blind.

N: Assistance to persons with disabilities

Article 23 (2) of the 1990 decree holds that collective assistance can be given to groups and organisations of persons with disabilities; to recognised organisations that cater for persons with disabilities, or to their families. Moreover, article 24 (2) stipulates that centres in charge of persons with disabilities can benefit from subventions in conformity with the existing laws. Also, they can be authorised to manage the aid packages of persons with disabilities under their care.

O: Breach of laws relating to persons with disabilities

The decree of 1990 in its article 43 disposes that:

… is punishable by law in accordance with article 315 of the penal code:

  • Whosoever issues unduly a disability card to a valid person;
  • Any valid persons who establishes or uses a fake disability card;
  • Any unauthorised person who issues a disability card.

It is important to note that the Cameroon legislation is very limited as far as the breaches of laws relating to persons with disabilities are concerned. Besides the breaches related to the issuing of false disability cards, the present legislation does not dispose measures to punish offences related to other forms of violations of the rights of persons with disabilities.

P: Public awareness and persons with disabilities

In view of limiting disabilities in Cameroon, the Government through the Ministry of Health organises regular vaccination campaigns during International Vaccination Days in which, children aged between 0 to 5 years are vaccinated against poliomyelitis, meningitis and other illnesses. For others, treatments are administered to prevent blindness and other diseases. In addition, there exists a rehabilitation centre for persons with disabilities in Etoug-Ebe in Yaoundé which welcomes confirmed children with disabilities, and makes diagnosis of their illnesses in order to reduce or prevent the aggravation of their disabilities. Moreover national and international organisations such as the African Union for the blind through the Cameroon National Association for the Blind (A.N.A.C.), carries out serious sensitisation activities with the public through seminars such as those on HIV/AIDS or on the Rights of persons with disabilities.

Q: Health centres and persons with disabilities

Some rare medical institutions in Cameroon offer special treatments to persons with disabilities such as; a reduction on the consultation, tests and lab fees after presentation of a disability card.
However, very little attention is paid them in other health institutions especially in private hospitals where, they are treated as any other person irrespective of their conditions. No special attention is given to them by the health personnel in such centres.

R: The Person with disability and inefficiency

Persons with mental disabilities are considered in Cameroon as incompetent because they lack the mental faculties required by law to carryout legal actions. For example, they cannot sign a deal or be brought in as witnesses in court. Their facts and observations will simply be seen as useless and not legally binding.

S: Priority actions and intervention strategies

The priority actions and intervention strategies that follow are found in the rehashed version of the National Action Plan for the promotion and protection of human rights in Cameroon. The framing of this document on human rights in Cameroon was completed by the National Commission on Human Rights and Freedoms (NCHRF) with support and financial assistance from the High Commission on Human Rights via its Sub Regional Centre for the Central African and the Great Lakes in Yaoundé; the United Nations Development Programme (U.N.D.P.); and in partnership with both the national governmental and non governmental actors working in the domain of human rights.

1. Priority actions

With respect to the priority actions, the Plan proposes the following measures:

  • Ensuring the effective implementation of the rights of persons with disabilities;
  • Taking special measures to ensure the employment of persons with disabilities;
  • Elaborating policies in the public transport sector that favour persons with disabilities;
  • Encouraging private transport facilities for groups of persons with disabilities, by providing them with conducive logistics adapted to their conditions;
  • Eliminating architectural barriers;
  • Putting in place measures to ease the movements of persons with disabilities;
  • The creation of a National Solidarity trust Fund for persons with disabilities;
  • Ratifying United Nations Conventions on persons with disabilities…

2. Intervention strategies

For the implementation of the various identified actions, the intervention strategies which we divided in three parts are:

a. The organisation of meetings, conferences, round tables colloquiums of coordination on the following aspects
  • The putting in place of a national policy on the professional rehabilitation and employment of persons with disabilities, in order to guarantee their full professional integration;
  • The promotion of employment opportunities for persons with disabilities within the job market. It should be based on the principle of equality between workers with disabilities and their counterparts;
  • The promotion of the equality of chances and treatments within the job sector between the workers with disabilities who must be respected) and their counterparts;
  • The reinforcement of measures to provide professional counselling, training, placing, employment and other measures destined to ensure for the person with disability, a befitting job within which he can progress professionally;
  • Promote the creation and the development of services for professional rehabilitation and employment for persons with disabilities in rural and isolated areas.
b. The organisation of pleading campaigns on:
  • The recognition of the rights of children with mental or physical disabilities to live a comfortable and decent life under conditions that guarantee their dignity, independence and active participation in social activities;
  • The recognition of the rights of children with disabilities to special treatments and to encourage and ensure their obtainment of aid packages after the fulfilment of the required criteria as well as to those who cater for them;
  • The provision of aid to needy children with disabilities and to the children of parents with disabilities in order to ensure their education, training, access to health care , rehabilitation, preparation to the job market , leisure activities and above all, their social integration.
c. The prevention of disabilities

As far as prevention is concerned, the strategy to use will revolve around the following measures:

  • The prevention of disability within the health sector;
  • The prevention of disability within the professional milieu;
  • The prevention of accidents on our roads

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