Nkafu Article Reviewed Wa June2024n1
Nkafu Article Reviewed Wa June2024n1
Nkafu Article Reviewed Wa June2024n1
Introduction
During armed conflict, civilians are typically in grave peril, with severe consequences such as
loss of life, property and means of subsistence, widespread displacement, and human rights
violations. Sexual violence is a human rights violation that has been used in most armed
conflicts either as a weapon of war or as a general practice, and the Anglophone armed conflict
in Cameroon is not left out. The United Nations defines conflict-related sexual violence (CRSV)
as “rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced
sterilization, forced marriage and any other form of sexual violence of comparable gravity
perpetrated against women, men, girls or boys that is directly or indirectly linked to a conflict”
(1). Within the context of the Anglophone armed conflict in Cameroon, sexual violence has been
reportedly used both by state and non-state armed groups on civilians, presenting a serious
humanitarian concern. Horrible crimes have been committed against women, men, and children,
leaving a lasting impact on both the victims and the communities in which they live. Survivors
frequently experience bodily harm, psychological distress, social stigma, unwanted pregnancies,
and STDs. This greatly aggravates the conflict and hampers the restoration of peace and stability
in the affected regions, and the situation is made worse by the fact that offenders act with
impunity. With this in mind, this paper aims to present current trends and patterns of sexual
violence within the context of the Anglophone crisis, examine legislation and mechanisms for
addressing such crimes and to establish corporate responsibility in preventing and curbing sexual
violence in armed conflict.
II. An assessment of existing legal frameworks and mechanisms for addressing CRSV
in Cameroon
Cameroon has ratified a number of treaties and conventions which condemn sexual violence.
These include the Universal Declaration of Human Rights, the United Nations Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), the International Pact on
Civil and Political Rights, the Rome Statute of the International Criminal Court and the African
Charter on Human and Peoples’ Rights. These treaties provide a legal basis for addressing sexual
violence as a human rights violation. Under the ICC’s jurisdiction, sexual violence is regarded as
a crime against humanity and a war crime.
Under international humanitarian law, all forms of sexual violence are prohibited, and all parties
in armed conflict are urged to integrate this prohibition into national laws, military codes and in
the training manuals of weapon bearers. Under treaty law - the Fourth Geneva convention, as
well as Additional Protocol I (relating to international armed conflicts) and Additional Protocol II
(relating to non-international armed conflicts) - rape and other forms of sexual violence are
prohibited (8).
Additionally, the UN Security Council adopted the following Resolutions on the prevention and
response to conflict-related sexual violence: S/RES/1820 (2008), S/RES/1888 (2009),
S/RES/1960 (2010), S/RES/2106 (2013), and S/RES/2467 (2019), which all came after the
adoption of UN Security Council Resolution (UNSCR) 1325 (2000) on Women, Peace, and
Security (9). These resolutions stress the need of holding offenders accountable and demand the
protection of women and girls throughout armed situations. To nationalize the UNSCR 1325,
Cameroon adopted a National Action Plan on UNSCR 1325 on Women Peace and Security in
2018 (10). In addition, several capacity-building workshops have been organized by the
government, in collaboration with international organizations, to train military personnel on
sexual and gender-based violence and their implications on peace and security (11).
Although Cameroon has ratified a number of international treaties that support gender equality
and condemn violence against women, the country has not made much headway in getting these
provisions incorporated into national legislation. Section 296 of the Cameroon Penal Code
criminalizes rape and provides penalties of imprisonment for from five (5) to ten(10) years (12).
However, because this law focuses more on individual acts than structural causes, there are
worries that it may not effectively address the root causes of conflict-related sexual violence. In
addition, there remain several challenges in effectively addressing this issue, particularly that of
denial and lack of acknowledgement, impunity and stigmatization (13).
III. Policy proposals
The government of Cameroon could design and adopt initiatives and policies aimed at
preventing and addressing sexual violence in conflict.
Furthermore, the government needs to take concrete steps in combating impunity by
adopting justice mechanisms to hold perpetrators of sexual violence accountable.
In order to aid survivors of CRSV in their recovery from their traumatic experiences, the
government, development partners and civil society organizations could set up support
services that include psychosocial and medical support, as well as legal support for victims.
The government should develop strategies to incorporate international treaties into national
legislation and provide technical and material capacity for their effective operation, as well
as, strengthen existing legal frameworks to address these crimes.
Continuous sensitization on dispositions of International Humanitarian Law and
International Human Rights Law must be done to inform the overall population.
Finally, victims of CRSV need to play a bigger role by reporting cases so as to facilitate
interventions and response of stakeholders