This article examines the strategies employed to combat terrorism, comparing Cameroon’s legislative framework with international conventions on terrorism. Terrorism's impact is globally acknowledged, necessitating international intervention. While the phenomenon has evolved over decades, its prominence surged after the 9/11 attacks, prompting counter resolutions by the United Nations Security Council (UNSC). Terrorist activities have crossed continents, with Nigeria's military pressure on the Boko Haram group leading them to seek refuge in North Cameroon. In response, the Cameroonian government retaliated through military, administrative, and legislative measures, including the enactment of the 2014 terrorism law and addressing separatist fighters in the English-speaking regions in 2016. However, reconciling counter-terrorism efforts with human rights protection remains contentious.
This study critically evaluates both international conventions on terrorism and Cameroon's legislation on suppressing terrorist acts, analyzing their scopes and limitations. Using a qualitative research methodology, the study primarily employs doctrinal methods, consulting and analyzing primary and secondary data sources. The findings reveal that the proliferation of terrorist acts often stems from varying national definitions. Cameroon, for instance, defines terrorism based on its unique context, occasionally politicizing it to encompass acts encroaching upon civic spaces, blurring the distinction between terrorist acts and crimes punishable by the penal code.
Moreover, while significant efforts have been made to combat terrorism in Cameroon within the framework of human rights, these rights remain imperiled due to instances of extrajudicial killings, mass arrests, house burnings, arbitrary detentions, and other actions by law enforcement agencies. To address this issue, it is recommended that the government demonstrate greater commitment to upholding its ratified human rights instruments when countering terrorism, while adopting a human rights-based approach.
Table of Contents
INTRODUCTION
I. Ratified convention on terrorism by Cameroon
A. International Convention addressing safety of Aircraft and Aviation
B. Conventions guaranteeing the Safety of Persons
C. Conventions aimed at protecting Maritime sphere
D. Convention that focuses on terrorism financing
E. Regional African Conventions Regulating Terrorism
II. Cameroon’s Legislation aimed at combatting terrorism
Research Objectives and Themes
This work explores the approaches to combatting terrorism by critically examining the reconciliation between state counter-terrorism measures and human rights protections, specifically within the context of Cameroonian law versus international conventions.
- Analysis of international conventions on terrorism and their practical domestic implementation.
- Critique of Cameroon’s 2014 anti-terrorism legislation and its impact on the civic space.
- Evaluation of military tribunal jurisdictions and the protection of fair trial rights.
- Recommendations for aligning domestic legal frameworks with international human rights standards.
Excerpt from the Book
Anti-terrorism law and human rights
Cameroon’s anti-terrorism law is in total contradiction of the Constitution of the country. It establishes permanent special terrorism circuits in the court system and suffers from constitutional deficiencies in the course. Chapter 3, Section 11 ordains that, “the duration of remand in custody shall be fifteen (15) days renewable upon the authorization of the state prosecutor”. This means once accused, a person can be incarcerated ad infinitum, as there is no limit to the remand periods. Such incarceration, it also means, can be ordered by a state prosecutor. It is trite law that only a trial magistrate in a duly constituted court has the powers of deciding that someone can or should do time in jail. Unfortunately, this law strips off the powers of sentencing from the trial judge and gratuitously awards them to the prosecutor. This is an anomaly. It is an arrogant usurpation of the judges’ role.
An accused that benefits from a ruling of the court admitting him or her to bail may under the Cameroon counterterrorism law be re-arrested and detained by a prosecuting magistrate. The prosecutor here (of course for the state) assumes the avuncular position of an accuser, judge and jury. Having not taken into consideration the difference between the duties of a prosecuting and those of a presiding magistrate, this law threatens the buoyancy of any oppositional opinions in societal life as holders of such opinions may be arrested and detained at any time, if their ideas are rooted in dissent of any kind, this is inauspicious. With this new era of ubiquitous prosecutors on behalf of the state, the very fabrics of fair trials are under a dangerous threat of extinction within the face of the Cameroonian legal sphere, at least when it comes to counter terrorism. It is trite law that once a ruling of a court has been handed down, it can only be reversed by a court of appellate jurisdiction. But with the law on terror, a prosecutor may ignore the court ruling and arrest and incarcerate an accused person who is already enjoying bail. This again is a fragrant violation of the basic principles of law and fair hearing. It is a travesty of justice.
Summary of Chapters
INTRODUCTION: Provides an overview of the global war on terror since 9/11 and outlines the history and scope of Cameroon’s rigorously motivated anti-terrorism legislation.
I. Ratified convention on terrorism by Cameroon: Analyzes the various international treaties categorized by their focus, including aviation safety, safety of persons, maritime security, financing, and regional African frameworks.
II. Cameroon’s Legislation aimed at combatting terrorism: Critically evaluates the 2014 terrorism law and the 2017 aviation safety law regarding their compliance with constitutional rights and international legal standards.
Keywords
Counter-terrorism, Cameroon, Human Rights, International Conventions, Legislative Reform, Military Tribunals, Fair Trial, Habeas Corpus, Terrorism Financing, Civic Space, Criminal Procedure Code, Jurisdiction, Remand in Custody, Aviation Security, Suppression of Terrorism.
Frequently Asked Questions
What is the primary focus of this publication?
The work examines the effectiveness and legality of Cameroon's anti-terrorism legislation in the context of international human rights and international conventions.
What are the central themes discussed?
The core themes include state versus individual rights, the critique of military tribunal jurisdictions, the limitation of civic freedoms, and the necessity of aligning national laws with international standards.
What is the primary research objective?
To determine if Cameroon’s counter-terrorism laws uphold or undermine constitutional protections and to provide recommendations for reconciling these laws with human rights instruments.
Which research methodology is employed?
The study utilizes qualitative research methodology, incorporating doctrinal analysis of primary legal instruments and secondary data.
What does the main body cover?
It covers international conventions on terrorism, a critical review of Cameroon's 2014 and 2017 laws, and the conflicts between these laws and the established Criminal Procedure Code.
Which keywords define this work?
Key terms include Counter-terrorism, Human Rights, Legislative Reform, Cameroon, and Suppression of Acts of Terrorism.
Why is the military tribunal's jurisdiction a major point of criticism?
The author argues that placing terrorism cases under military tribunals violates the independence of the judiciary and denies civilians a fair trial in an adversarial system.
How does the author view the 'remand in custody' provision in the 2014 law?
The author views it as a "travesty of justice" because it allows for indefinite detention by a state prosecutor, stripping judges of their traditional sentencing and bail-granting powers.
What role does the 1967 Penal Code play in this analysis?
It serves as the historical legal framework that Cameroon cited as a basis for its counter-terrorism efforts prior to the adoption of more specific laws in 2014.
- Arbeit zitieren
- Akame Joel (Autor:in), 2024, Comparative approaches to combatting terrorism. International Conventions and Cameroon Legislation, München, GRIN Verlag, https://www.grin.com/document/1452691
