Cameroon
09.02.04
Urgent Interventions
Cameroon: Ill-treatment of children
Case CMR 220503.1.CC
CHILD CONCERN
Follow-up to case CMR 220503.CC
Geneva, February 6th, 2004
The International Secretariat of OMCT has received new information regarding the following situation in Cameroon.
New information
The International Secretariat of OMCT has been informed by the Movement for the Defence of Human Rights and Liberties (MDHRL), a member of the OMCT network, of the release of 13 children who were ill-treated and exploited in a "Civic Re-Education Centre" in Maroua throughout 2003. OMCT welcomes these developments and wishes to thank all the persons and institutions that intervened on the children's behalf.
However, according to the information received, the investigation that was initiated concerning the allegations against Mal Bakary, the "headmaster" (Marabout) of the centre, has been relinquished and the child victims have not received adequate support for their recovery.
Separately, the International Secretariat of OMCT has been informed by MDHRL of the lack of adequate state action in the case of an 8-year-old boy ill-treated by his father.
Background information
First case
The 13 "delinquent children" had been abandoned by their parents and placed in the care of the «Civic Re-education Centre» owned by the "headmaster" (Marabout) Mal Bakary in the Doualaré district in Maroua, where they were ill-treated and exploited. In fact, children in this centre were forced, with chains at their feet, to break and pick up rocks in the mountains several times a day and they suffered from ill-treatment performed on grounds of exorcism. Following their escape from the centre during the night of January 25th 2003, 5 of the children were hosted by the MDHRL, while 8 others were found by the "master" and taken back to the centre, but finally released, notably thanks to the pressure exercised by the MDHRL. The Attorney General of the Republic initially prosecuted the "master" Mal Bakary, but the situation remained unchanged and the children who had been taken back to the Centre still remained ill-treated and exploited at the end of May 2003.
When the members of the MDHRL learnt about the ill-treatment and exploitation of these children in January 2003, they immediately denounced it publicly and demanded an investigation to be launched. On June 7th 2003, Mal Bakary sent an official letter to the provincial delegation of social affairs of the Extreme North, in which he committed himself to stop "activities which are harmful to the physical and psychological integrity of children". After some reluctance, the public attorney also admitted to the seriousness of the allegations in a letter to the Minister of Justice on July 24th. Subsequently, preliminary examinations against Mal Bakary were held before the penal tribunal, and a hearing was announced for January 2004. However, this hearing has not taken place and the MDHRL now fears that the lack of attention given to the case and the "master's" impunity could eventually encourage him to start his harmful activities again.
Meanwhile, some of the children remain in critical situations and the responsible authorities do not offer any specific assistance to ensure their sustainable reintegration into their families and communities.
According to the information received, Hamadou Bachirou and Mohama Bladi were placed in the "Institution Camerounaise de l'Enfance (ICE)", a specialised care-centre in Maroua, on September 2003. However, Mohama reportedly left the institution on December 22nd 2003 and the MDHRL did not receive any further information about his whereabouts since this date. Yaya Aboubakar and Mouktar Abba Boura returned to their families. Ali Boukar could also be reunited with his mother, but has reportedly been temporarily detained for alleged complicity in a theft. The situation of the 8 children who had been taken back by Mal Bakary after having fled the centre in January 2003, is not known. It is supposed that some of them are back with their families, while others are living on the street.
OMCT regrets that the hearing announced for January 2004 did not take place and is concerned about the present situation of some of the children. OMCT wishes to recall that Cameroon, as a State Party of the Convention on the Rights of the Child, is bound to the provision that (Art. 19) “State Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation (…). Such protective measures should (…) include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, (…) and for judicial involvement.” Further, Art. 39 of the Convention states that "States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child."
Moreover, OMCT wishes to recall the Concluding observations on Cameroon of the Committee on the Rights of the Child (form November 6th, 20001) which confirm that "facilities available for the alternative care of children deprived of their family environment are insufficient and that many children do not have access to such assistance." So the Committee recommended "to strengthen and increase alternative care opportunities for children, inter alia through the reinforcement of existing structures, the improved training of staff and the allocation of increased resources to relevant bodies."
Second case
According to the information received, the MDHRL gave shelter to 8-year-old Ndzamagai, who was severely beaten and ill-treated by his father on January 27th. The NGO immediately contacted the provincial delegation of social affairs of the Extreme North. Because of the boy's bad health and the injuries he suffered, a member of the delegation took him to the central hospital on January 28th and, after examination, the doctors prescribed him medicine. However, the delegate bought the medicine only on the following day. Since, the members of MDHRL reportedly undertook every effort to find a place where Ndzamagai would receive the necessary medical and psychological assistance. But they did not succeed up to date and the boy remains in the localities of the MDHRL.
The International Secretariat of OMCT is concerned about the ill-treatment endured by Ndzamagai (his father reportedly also ill-treated his older son, who is currently living with his grand mother in Mokolo) and about the boy's physical and psychological integrity. OMCT also recalls the Concluding observations on Cameroon of the Committee on the Rights of the Child (November 6th, 20001) where the Committee expressed its deep concern "at the very high incidence of abuse within family" in spite of the fact "that child abuse is a crime under article 350 of the Penal Code" and urged the Cameroon authorities "to properly investigate cases of domestic violence and (…) through a child-sensitive judicial procedure, and that sanctions be applied to perpetrators."
Action requested
Please write to the authorities in Cameroon urging them to:
i. ensure the impartiality of the investigation into the alleged acts of ill-treatment and exploitation of the 13 children by Mal Bakary. In order to put an end to his impunity, he should be brought to trial and the penal and/or administrative sanctions as provided by law should be applied to him;
ii. find out the whereabouts of all the concerned children, in order to ensure their successful reintegration into their families and communities as a whole;
iii. provide adequate compensation to all the victims of Mal Bakary and to their families;
iv. to guarantee the physical and psychological integrity of Ndzamagai as well as the necessary assistance for his recovery;
v. to launch a thorough and impartial investigation into the allegations of ill-treatment and take all the appropriated social and judicial measures.
vi. initiate judiciary proceedings against any person committing acts of torture or cruel, inhuman and degrading treatments against children on any ground.
vii. guarantee the respect of human rights and the fundamental freedoms throughout Cameroon in accordance with international human rights standards.
Addresses
M. Peter MAFANY MUSONGE, Prime Minister, Prime Minister’s Office, 1000 Yaoundé, Cameroon, Fax: +237 223 5735
Mr. Amadou ALI, Minister of Justice, Ministry of Justice, 1000 Yaoundé, Cameroon, Fax: + 237 223 0005/222 2154
Mr. Rémy ZE MEKA, Secretary of State in charge of the Police, Ministry of Defence, 1000 Yaoundé, Cameroon, Fax: + 237 222 3998
Mrs. Cécile BOMBA NKOLLO, Minister of Social Affairs, Ministry of Social Affairs, 1000 Yaoundé, Cameroon, Fax : + 237 223 1121
His Excellency the Ambassador, Mr. Jean Simplice NDJEMBA-ENDEZOUMOU, Rue du Nant 6, CH-1207, Geneva, Switzerland, Fax: +41 22 736 21 65
Geneva, February 6th 2004.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
Follow-up to case CMR 220503.CC
Geneva, February 6th, 2004
The International Secretariat of OMCT has received new information regarding the following situation in Cameroon.
New information
The International Secretariat of OMCT has been informed by the Movement for the Defence of Human Rights and Liberties (MDHRL), a member of the OMCT network, of the release of 13 children who were ill-treated and exploited in a "Civic Re-Education Centre" in Maroua throughout 2003. OMCT welcomes these developments and wishes to thank all the persons and institutions that intervened on the children's behalf.
However, according to the information received, the investigation that was initiated concerning the allegations against Mal Bakary, the "headmaster" (Marabout) of the centre, has been relinquished and the child victims have not received adequate support for their recovery.
Separately, the International Secretariat of OMCT has been informed by MDHRL of the lack of adequate state action in the case of an 8-year-old boy ill-treated by his father.
Background information
First case
The 13 "delinquent children" had been abandoned by their parents and placed in the care of the «Civic Re-education Centre» owned by the "headmaster" (Marabout) Mal Bakary in the Doualaré district in Maroua, where they were ill-treated and exploited. In fact, children in this centre were forced, with chains at their feet, to break and pick up rocks in the mountains several times a day and they suffered from ill-treatment performed on grounds of exorcism. Following their escape from the centre during the night of January 25th 2003, 5 of the children were hosted by the MDHRL, while 8 others were found by the "master" and taken back to the centre, but finally released, notably thanks to the pressure exercised by the MDHRL. The Attorney General of the Republic initially prosecuted the "master" Mal Bakary, but the situation remained unchanged and the children who had been taken back to the Centre still remained ill-treated and exploited at the end of May 2003.
When the members of the MDHRL learnt about the ill-treatment and exploitation of these children in January 2003, they immediately denounced it publicly and demanded an investigation to be launched. On June 7th 2003, Mal Bakary sent an official letter to the provincial delegation of social affairs of the Extreme North, in which he committed himself to stop "activities which are harmful to the physical and psychological integrity of children". After some reluctance, the public attorney also admitted to the seriousness of the allegations in a letter to the Minister of Justice on July 24th. Subsequently, preliminary examinations against Mal Bakary were held before the penal tribunal, and a hearing was announced for January 2004. However, this hearing has not taken place and the MDHRL now fears that the lack of attention given to the case and the "master's" impunity could eventually encourage him to start his harmful activities again.
Meanwhile, some of the children remain in critical situations and the responsible authorities do not offer any specific assistance to ensure their sustainable reintegration into their families and communities.
According to the information received, Hamadou Bachirou and Mohama Bladi were placed in the "Institution Camerounaise de l'Enfance (ICE)", a specialised care-centre in Maroua, on September 2003. However, Mohama reportedly left the institution on December 22nd 2003 and the MDHRL did not receive any further information about his whereabouts since this date. Yaya Aboubakar and Mouktar Abba Boura returned to their families. Ali Boukar could also be reunited with his mother, but has reportedly been temporarily detained for alleged complicity in a theft. The situation of the 8 children who had been taken back by Mal Bakary after having fled the centre in January 2003, is not known. It is supposed that some of them are back with their families, while others are living on the street.
OMCT regrets that the hearing announced for January 2004 did not take place and is concerned about the present situation of some of the children. OMCT wishes to recall that Cameroon, as a State Party of the Convention on the Rights of the Child, is bound to the provision that (Art. 19) “State Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation (…). Such protective measures should (…) include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, (…) and for judicial involvement.” Further, Art. 39 of the Convention states that "States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child."
Moreover, OMCT wishes to recall the Concluding observations on Cameroon of the Committee on the Rights of the Child (form November 6th, 20001) which confirm that "facilities available for the alternative care of children deprived of their family environment are insufficient and that many children do not have access to such assistance." So the Committee recommended "to strengthen and increase alternative care opportunities for children, inter alia through the reinforcement of existing structures, the improved training of staff and the allocation of increased resources to relevant bodies."
Second case
According to the information received, the MDHRL gave shelter to 8-year-old Ndzamagai, who was severely beaten and ill-treated by his father on January 27th. The NGO immediately contacted the provincial delegation of social affairs of the Extreme North. Because of the boy's bad health and the injuries he suffered, a member of the delegation took him to the central hospital on January 28th and, after examination, the doctors prescribed him medicine. However, the delegate bought the medicine only on the following day. Since, the members of MDHRL reportedly undertook every effort to find a place where Ndzamagai would receive the necessary medical and psychological assistance. But they did not succeed up to date and the boy remains in the localities of the MDHRL.
The International Secretariat of OMCT is concerned about the ill-treatment endured by Ndzamagai (his father reportedly also ill-treated his older son, who is currently living with his grand mother in Mokolo) and about the boy's physical and psychological integrity. OMCT also recalls the Concluding observations on Cameroon of the Committee on the Rights of the Child (November 6th, 20001) where the Committee expressed its deep concern "at the very high incidence of abuse within family" in spite of the fact "that child abuse is a crime under article 350 of the Penal Code" and urged the Cameroon authorities "to properly investigate cases of domestic violence and (…) through a child-sensitive judicial procedure, and that sanctions be applied to perpetrators."
Action requested
Please write to the authorities in Cameroon urging them to:
i. ensure the impartiality of the investigation into the alleged acts of ill-treatment and exploitation of the 13 children by Mal Bakary. In order to put an end to his impunity, he should be brought to trial and the penal and/or administrative sanctions as provided by law should be applied to him;
ii. find out the whereabouts of all the concerned children, in order to ensure their successful reintegration into their families and communities as a whole;
iii. provide adequate compensation to all the victims of Mal Bakary and to their families;
iv. to guarantee the physical and psychological integrity of Ndzamagai as well as the necessary assistance for his recovery;
v. to launch a thorough and impartial investigation into the allegations of ill-treatment and take all the appropriated social and judicial measures.
vi. initiate judiciary proceedings against any person committing acts of torture or cruel, inhuman and degrading treatments against children on any ground.
vii. guarantee the respect of human rights and the fundamental freedoms throughout Cameroon in accordance with international human rights standards.
Addresses
M. Peter MAFANY MUSONGE, Prime Minister, Prime Minister’s Office, 1000 Yaoundé, Cameroon, Fax: +237 223 5735
Mr. Amadou ALI, Minister of Justice, Ministry of Justice, 1000 Yaoundé, Cameroon, Fax: + 237 223 0005/222 2154
Mr. Rémy ZE MEKA, Secretary of State in charge of the Police, Ministry of Defence, 1000 Yaoundé, Cameroon, Fax: + 237 222 3998
Mrs. Cécile BOMBA NKOLLO, Minister of Social Affairs, Ministry of Social Affairs, 1000 Yaoundé, Cameroon, Fax : + 237 223 1121
His Excellency the Ambassador, Mr. Jean Simplice NDJEMBA-ENDEZOUMOU, Rue du Nant 6, CH-1207, Geneva, Switzerland, Fax: +41 22 736 21 65
Geneva, February 6th 2004.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.