*By Zakah Mbako Josepher
Lawyers and advocates-in-training (pupil
lawyers) based in the Southwest Region of Cameroon, as well as law students of
the University of Buea have deepened their understanding of Human Rights issues
at a one day seminar, which took place, Friday July 29,at Chariot Hotel Buea.
The Recorder understands that by
mastering Human Rights and its related problems, lawyers are better positioned
to educate their clients and defend them in the courts of law, especially in
the current context in Cameroon where the situation of human rights promotion is
begging for great improvement.
The seminar, which held under the
theme “Lawyers and Human Rights”, was organized by the Cameroon Bar Association
(CBA) in partnership with European Union (EU).
The training brought over 300
participants and was opened by Barrister Mboke Divine, sitting in for the President
(Batonnier) of the CBA.
Resource persons included Dr.
Patience Sone of the University of Buea and Barrister Nkongho Felix Agbor-Balla, Executive
Director of the Centre for Human Rights and Democracy in Africa, who is also President of Fako Lawyers’ Association
(FAKLA).
He cited the early
1960s when “lawyers of all backgrounds, young and old, joined the civil rights
movement en masse and made it
possible for Dr.Martin Luther King Jr,to fashion the most successful civil
rights movement in history, one based upon a willingness to go to jail for
passive resistance to immoral laws”
Barrister Agbor
Balla further noted, “The lawyer owes entire devotion to the interest of his client,
warm zeal in the maintenance and defense of clients’ rights and exertion of his
utmost learning and ability, to the end that nothing be taken or withheld from him,
save the rule of law legally applied”
Said:
“Without the reciprocal expectation that
states will respect their treaty obligations, the community of nations would
become nothing more than a Hobbesian jungle governed by a Darwinian paradigm
where only the strongest and fittest states survive”
Homosexuality was one of the controversial topics
of discussion at the seminar.
Although sexual orientation is
considered Human Rights, in Cameroon homosexuality/lesbianism is a criminal act.
According to Cameroon Penal Code (Section
347), “Whoever has sexual relations with a person of the same sex shall be
punished with imprisonment for from six months to five years and a fine of from
20,000frs to 200,000frs.”
A Participant, pupil lawyer Fred
Luma, sought to know," Since Human Right is said to be divine in nature,
will I be right to say that homosexuality is not a human right since it has no
divinity in it?”
But his doubt was cleared by resource
person Dr.Patience Sone who said
homosexuality is a case that is judged based on the principle of equality ,citing
Article 1 of the Universal Declaration of Human Rights ,which states, “ All
human beings are born free and equal in
dignity and rights".
She further argued that inasmuch as God
himself had to destroy the City of Sodom and Gomorrah because of this sin, the
revolution of human rights over the years has come to the conclusion that,
everyone should be treated equally and without discrimination and this includes
the minority who advocate and or engage in homosexuality. With regards to the
divine nature of human rights, she argued that, this doesn't mean that all
human rights are given by God; that some are man-made and unanimously accepted
by the UN to be implemented.
Buttressing Dr. Sone, Barrister Agbor Balla said
like other minority cases, homosexuality should be judged based on the existing
law and not on personal doctrines.
For his part, former Batonnier Etta Bessong said
as long as the advocate defends both the saint and the devil, “What is
punishable by the law of a country, should be prosecuted in the light of that
prohibition.”
Talking to the Recorder, Pupil lawyer
Bessem Ashu Agbor of Mamangie Chambers in Limbe, appreciated the seminar, noting
it has broadened the intellectual knowledge of lawyers on Human Rights and its
implementation
He opined that the Human Right
situation of the country is “deplorable”, citing the frequent arrest and
detention of Southern Cameroon national Council (SCNC) activists for advocating
the restoration of the independence of Southern Cameroons. “This is a violation
of the right of self determination”, she said, adding that “the prohibition of
homosexuality in the country is an abuse against minority rights
Barrister Agbor Balla, in his
closing remarks, urged lawyers to educate themselves well and do their best in
the defense of Human Rights of people.
* Zakah Mbako Josepher is a University of Buea Journalism Student on Internship