50 years of Penal innovation, dicriminalization

In the 1960s, immediately after the independence of east Cameroons and eventual reunification, the Penal Code was designed by colonial administrators and Cameroon officials found worthy to deliberate on decriminalizing a “virgin state” that needed time to grow.

After this event, the Penal Code was born, but for more than 50 years, judicial proceedings have been recounting cases and unable to refer to other criminal responsibilities that later evolved years after its enactment.

This is the reason why a bill to revise the Cameroon Penal Code has been presented before the National Assembly this Friday, June 17, 2016, for scrutiny during a plenary seating. of the National Assembly..

The Document which is divided into two parts consists of some major developments in the Cameroon’s judicial system. Some of them include; the criminalization of immoral behaviour exhibited by men, and trafficking of persons as slaves. As concerns trafficking, audio testimonials from survivors were aired in the state broadcaster, CRTV.

It revealed how victims of trafficking are deceived by unregistered travel agents in Cameroon who have strong ties to slave masters in the Middle East countries. They collect huge sums of money from women, and promise them visas, flight tickets and better jobs in the Middle East.

The president of the lower House of Assembly Cavayege Djibril in his opening statement at the beginning of the current plenary session called on all the parliamentarians to focus on coming out with a revised bill which suits not only Cameroon context but international committee.

In this light he enjoined all to put the interest of the country and the need to decriminalize crime in Cameroon. In the present penal code, Homosexuality remains punishable by law.

According to authority, the latest changes were deemed necessary with pre-occupations primarily geared towards making the Penal Code more efficient and relevant, suitable for international standards.

In its latest innovation, in the 50 year document, adultery remains a criminal act not only against women, but men inclusive. There is also the eviction of a spouse from matrimonial home by any person other than the spouse of the victim is now
a crime.

In addition illegal practices in any public or private enterprise will lead to a complete disintegration, permanent or temporal closure of the enterprise. In terms of renting fraud, the penalty is six months to three years imprisonment terms for recalcitrant tenants-(those refusing to pay their rents) and will be charged with fines ranging from FCFA 100 to FCFA 300,000 for evading two months rents.

Unscrupulous tenants who before leaving the house, damages some equipment will be severely punished. Also, street beging has been prohibited while illegal sale of drugs is now a crime.

To Elvis Eloundou a legal practioner, the Penal Code as old as it is before now, presents and objective scenario in terms of criminal responsibility. To him, before the law protected primarily just tenants, to the detriment of the landlords or land-ladies.

“I am very satisfied with the decision of parliament and the upper house of Senate to revise this old and outdated bill for it will bring sanity to the country and forewarn potential criminals to refrain from committing them”, he said. He however, lamented that he hopes that the Penal Code and its revision will not streamline Anglo-Saxon law which is rooted in its culture and practices.

“The Anglophone or English Common Law derived from is based on the customs of its people and basically handles gender issues and societal laws different from the French system of law”, he said.

The bills set before the constitutional law committee, Human Rights and Freedom, Justice, Legislature, Standing orders and Administration for examination was defended by the Minister of State, Minister of Justice and keeper of the Seals Laurent Esso assisted by the Vice Prime Minister, Minister Delegate at the Presidency in charge of Relations with the Assemblies, Amadou Ali