A CBR STRATEGY TO SUPPORT PERSONS WITH DISABILITIES TO ACCESS FAIR

JUSTICE:A Case Study of Northern Cameroon.

By Pascal AHIDJO

PIAP/CODAS Caritas GarouaCoordinator of Cameroon CBR network

E-mail: pahidjo@yahoo.fr / ahidjo@codascaritasgaroua.org

5th CBR AFRICA NETWORK CONFERENCE, NAIROBI KENYA

KICC June 1st June 5th 2015

Table of Content

1. CBR in North Cameroon

2. CBR and Access to Justice

3. Implementation Approach

4. Key Results

5. Lessons Learnt

6. Challenges

7. Recommendations Way forward

8. Conclusion

1. CBR IN NORTH CAMEROON BACKGROUND INFORMATION

The fight against the exclusion of vulnerable and marginalized groups, including persons with disabilities, is now one of the major challenges in developing countries.

Cameroon like the international community, is committed (Recently) to include it in its development strategies.

The bi-directional relationship between poverty and disability requires the implementation of effective development strategies;

Northern Cameroon accounts for over one third of the total surface area of Cameroon (approximately 163,513 km²); 6,546,265 inhabitants in 2010 (33.6% of the total population);

The poverty rate is 40% according to the latest studies;

In Northern Cameroon, Persons with Disabilities are left with a plethora of barriers to participate in the socio-economic life of their communities;

1. Background information cont’d

The mentoring initiatives for PwDs have experienced a rather late expansion in Northern Cameroon.

It all started with the institutional approach which proved to be unsuited to the context;

The set up of the Integral Service to fight against Disability (SILH) in 1995 by providing health, education, livelihood services , social integration and empowerment through Community Based Rehabilitation in some villages of Northern Cameroon;

This strategy, reinforced by the human rights approach resulted in focusing on access to justice for persons with disabilities. But do the key stakeholders master the rights and duties of one another?

2. CBR AND ACCESS TO JUSTICE: THE OBJECTIVES

Paradigm Shift (intervention approach)

Approach based on human rights;

The human rights monitoring system has a role to play in helping communities to own the instruments and to truly implement them at the Regional, Sub Regional and National level involving PwDs and their family and community members to know their rights.

The idea of setting up a system for PwDs to have access to justice was as a result of the difficulties they faced at the level of local courts to have a free and fair judgment.

3. IMPLEMENTATION APPROACH

The production and distribution of a compendium of legal texts on the rights of PwDs as well as sensitization of the communities on the rights of persons with disabilities;

Thematic training sessions were organized for PwDs in partnership with Associations of persons with Disabilities (APWDs) in order to inform more communities on the rights of disabled people.

PwDs were thus trained on the code of criminal procedure in Cameroon and on ways to safeguard evidences. With the census conducted by CBRs, the right information could then be gathered that formed the basis for actions in Prisons etc. to identify inmates who were PwDs.

3. IMPLEMENTATION APPROACH (continuation)

For PwDs who are victims of abuse, legal assistance is offered in collaboration with a law firm. The objective is to ensure access for PwDS to regional courts.

Specifically, we have made available to beneficiaries, legal professionals (bailiffs, lawyers, interpreters, experts, etc.) to provide guidance and implement all procedures to guarantee the interests of beneficiaries and ensure best chance of success.

Between 2012 and 2014, some 20 PwDs benefited from the legal assistance. They are now able to write a complaint and know the steps of a court procedure. When in court, they now know they should be entitled to a legal counsel.

4. SOME KEY RESULTS

A study on how to provide legal assistance was conducted from March to April 2015. It was intended to establish the legal assistance intended for court victims as well as highlight the contribution of legal assistance in improving the living conditions of PwDs.

Since the project began, 20 cases have been entrusted to the lawyer distributed as follows: 2 civil cases, 16 criminal cases, 1 administrative case and 1 social affair. The following results below were obtained: People incarcerated for years have had their cases tried according

to fair trial rules Increase number of amicable settlement of disputes (case of

withdrawal and cancelation of proceedings were recorded) especially in the communities;

A better consideration of persons with disabilities and their families in society; they are treated as rights holders;

PwDs now own their rights and are able to defend themselves without referring to the external support (e.g. a woman with disabilities denied to be moved without moving her tricycle)

5. LESSONS LEARNED IN NORTH CAMEROON

At the end of this process we noted that at the SILH Project, the training of CBR fieldworkers on the rights of persons with disabilities significantly increased their involvement in facilitating the access to justice by PwDs by an increased facilitation of the identification of cases eligible for legal assistance program.

The combination of evidences and transmission of information to beneficiaries made the CBR agent a kind of “middleman” between the beneficiaries and the lawyer to speed up procedures.

The project worked to build the capacity of delegates from groups of parents of children with disabilities and members of organisations and / or associations that represent them.

6. CHALLENGES

Several challenges were encountered typical amongst which are the following:

Persistence injustice towards PwDs because of the community perception of disability;

The need of several legal assistance due to a large coverage area of project;

The bureaucratic nature of the judicial department is vast, it involves much collaboration at all levels, i.e. families, preliminary inquiries officials (police units, gendarmerie), the judicial family etc;

The poor conditions of detention cells in Cameroon makes life difficult for PwDs in prison cells.

The dissemination of information in formats accessible to persons with disabilities is not always easy;

7. PERSPECTIVE.

To consolidate this experience, we need to consider improving access to justice for persons living with disabilities. This therefore entails;

Fostering a greater involvement of families and communities in the management of cases PwDs taken to court or jailed in prisons;

Sensitizing all trades of legal life to uphold rights and minimal procedure rules spelt out in favour of a person living with a disability;

Exploring opportunities for cooperation with state and private organizations for social rehabilitation of minors in conflict with the law;

Consolidating and building on the achievements and current strengths of access to justice by conducting further research.

8. CONCLUSION

The Community Based Rehabilitation in North Cameroon was a strategy for better access to justice for persons living with disability even if the process has had mixed feelings since its launch in 2012.

Between trials won, judgments of litigants, restitution of the property of people living with disabilities, prosecutions of criminals against people living with a disability, respects for human dignity, total beneficiary satisfaction and willingness to once more use legal assistance, the facts are many which testify to the positive assessment of this process.

However it is important to remember that the role of CBR is first and foremost to ensure that PWDs are treated according to the rules of fair trial and on the basis of equal opportunity.

THANK YOU FOR YOUR KIND ATTENTION

By Pascal AHIDJOProgram Manager PIAP CODAS Caritas Garoua