The Cameroon Bar Council is demanding the government
to withdraw the Penal Code, currently under review by Cameroon Members of
Parliament and Senators.
PARLIAMENTARIANS IN SESSION |
In a statement after an extraordinary session of
the Bar Council held on June 16 2016,the lawyers observed that there is no
correlation between the French and English versions
(the translation is said to
have been done using the google translator with all its deficiencies).
The Bar council condemns “the translation
disparity between the French and English versions of the said bill with the
consequential effect being the divergence in interpretation
and the likelihood
of misinterpretation and application of the said text with the probability of
creating chaos in the administration of Justice,” partly read the press statement.
The legal minds demand that the
government withdraws the bill and bring it back only when the suggestions made
by the Cameroon Bar Council is given due consideration.
BAR COUNCIL PRESIDENT: LET THEM WITHDRAW IT |
The Bar said that it was never
consulted before the submission of the draft bill to the National Assembly and
wants a Review of problematic
provisions,
the striking out of obsolete and unwarranted provisions and for the
Draft Bill to comply with International
Instruments ratified by the Republic of Cameroon.
The Bar council President Jackson F. NGNIE KAMGA is arguing that
such an important document cannot be drawn up without the consultation and consent
of lawyers, civil society actors and human rights defenders.
The draft code n° 989/PJL/AN was
single handedly drawn up and tabled before parliament by the Cameroon government,
presumably the Ministry of Justice with no consensus or consultation with
lawyers and magistrates, argues the Cameroon’s Bar Council.
MINJUSTICE, L. ESSO: WHO DID YOU CONSULT? |
The lawyers are demanding MPs to
take up their responsibilities and look into the proposals from the Bar.
PRESS OFFENCES PUNISHABLE
What
is being observed taking a quick look at the draft 372 articled and 119
page bill is that ,while other
countries the world over are depenalising for instance, press offences,
Art 305
of the draft code punishes defamation with six days to six months imprisonment and a fine of between 5000
Frs to 2.000.0000 million frs CFA.
The same code in its Article 198 said the
punishment would be double for publications made through the media.
BEGGING… PUNISHABLE
The penal code gives different fines and sentences
for public drunkenness, gathering of more than five persons in public places,
begging, (3 months-3 years imprisonment) insults among other issues hitherto
seemingly unpunished.
CPDM SENATOR: LISTEN TO LAWYERS |
On the protection of the women and children, Art 277
condemns male and female genital mutilation, rape sexual harassment, (Art 302)
those who fail to send their children to school (355) or chase their wives or
husbands from the house (Art 358).
Homosexuality remains punishable. Provisions for the punishment of domestic violence
were not immediately spotted.
Although the government in the preamble of the
draft bill said the intention of tabling a new code is to modernize and
harmonize the two (Anglophone and Franchone) legal systems,
SDF MP: LISTEN TO THE PEOPLE |
it remains unclear
what the government is insinuating when it said mentalities and behaviors have
changed,
with the changes being amplified by the new Information and Communication
Technology.
With lawyers already
demanding a withdrawal of the code, it would be appropriate for everyone to
read the code and be aware of the fines and imprisonment that accompanies
offences.
Here is the link to the entire draft bill….https://drive.google.com/file/d/0B61Wx9KGBCERWmRWZk5ZMm5uWDA/view?pref=2&pli=1
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