The cases of domestic violence recorded in Cameroon since 2023 are chilling. What arouses collective indignation the most is the fact that this domestic violence leads to femicide. The media have been on alert since 2024. The populations, for their part, are outraged by the resurgence of the scourge. Scientists, on the other hand, explain by indexing the nature of marriage today. As for the authorities, it is observation, not to say radio silence.
This upsurge in domestic violence which results in femicide has reached an aggravating situation. The recurring questions everyone asks is how did we get to this point? What are the main causes? Several hypotheses arise from all sides. But there is no question here of going around it in order to detect the exegesis.
The Cameron Association of Bloggers (ABC) is committed to combating domestic violence.
Domestic violence and women’s rights
Since the only authority considered as the protector of the weakest in a Republic is justice, we will examine its instruments. One of the important points that must be noted in the increase in domestic violence is the weakness of Cameroonian law concerning the protection of women in the household.
In terms of law, two statuses must be considered: the unmarried woman and the married woman. Regardless of status, both men and women are equal before the law. We can refer to article 1 of the Universal Declaration of Human Rights, and article 3(1) of the African Charter on Human and Peoples’ Rights. In domestic violence, femicides are observed from these two angles, but the status of the married woman is highlighted the most. How is domestic violence practiced in the face of the limits of Cameroonian law?
The founding text of marriage freedom is article 16 of the Universal Declaration of Human Rights.
The statuses of women before marriage
At first glance, it is common knowledge in public opinion that the “objectification” or even the non-respect of women comes from African tradition. Even beyond this ancestral tradition, there is also the Judeo-Christian tradition which makes its bed.
Situation of the woman before marriage
In these traditionsthe hierarchy of representations is well defined. They make the man, to the detriment of the woman, the head of household. This is essential and non-negligible data. For collective opinion, it confers on women a status of supporting actor. Although traditionalists deny it, public opinion is quick to index this ideology of domination.
Domestic violence against women by region in Cameroon (Top 10):
1. Center 64% (Yaoundé 44%)
2. West 55%
3. Is 53%
4. Sud 52%
5. North-West 48%
6. Coastline 47% (Douala 44%)
7. Nord 44%
8. South-West 41%
9. Far North 27%
10. Adamoua 26%
Source: INS Cameroun pic.twitter.com/TOpbBhWhv3— Babasola Ochudogwu Ulrich (@UlrichPola) July 6, 2020
Under these conditions, the idea and status of leader confer a right to submission and obedience. This ideology was built on the basis of very specific facts. Let us illustrate it with a few examples from the laws:
“More than a housewife, most Cameroonian customs have long considered her as property to be sold to the suitor and shared upon the death of her spouse” (Alex-François Tjouen, p.138). This consideration for women begins before marriage. Despite the prohibitions in the Maputo Protocol – African Charter on Human and Peoples’ Rights – on sending girls under the age of 18 in marriage mentioned in Article 6(6), in Cameroon, girls can go to marriage at 15 years old according to Ordinance No. 81/2 of June 29, 1981. Engagement is not legally regulated. Article 221(3) of the draft Personal and Family Code states that “engagement does not oblige the engaged couple to enter into marriage”. A priori, the woman seems to be the loser most in this absence of obligations. Beyond a certain age, it would be difficult for the woman to commit to another marriage project if the fiancé has not kept his word after several years of engagement. It is even more painful with children born out of wedlock. The special case of dowry
In Cameroon, the dowry is defined as all the obligations that the fiancé must respect in the honor of his fiancée’s family before the customary marriage. Obligations vary according to customs and tribes. They can be material donations (food, drinks, valuables), financial donations. They are mainly made up of visits and allegiances of the fiancé to certain members of the bride’s family.
Although in law we make the difference between engagement and dowry, this is not the case for collective opinion. In fact, the dowry is considered the formalized engagement. The ancestral tradition, for its part, considers the dowry followed by the customary ceremony such as marriage. This is not the case in Cameroonian law which considers that the payment of the dowry is not a condition for the validity of the marriage. He also considers the dowry as a sale with the woman as merchandise.
These practices concerning betrothal and dowry contribute to the construction of male domination. The worst is that Cameroonian law does not prohibit them or regulate them either. It is the woman who is thus exposed.
According to this report on domestic violence in 2018 in Cameroon, there are men and women who consider it justified to beat a woman.
– because it burns the food
– argue with him
– Neglecting children
– refuses sexual intercourse
Wow !!!! pic.twitter.com/VJHm2pyaki— MINOU Chrys-tayl 🇧🇯 ❤️💫 (@MinouChrystayl) June 30, 2021
Married women and domestic violence through the law
This power of “paternal power” given to the husband by law makes the man responsible for the household: “the father alone exercises paternal power during the marriage” (article 373 of the Civil Code). How is this power exercised?
Paternal power and domestic violence: the example of polygyny
Implicitly, collective opinion interprets this provision as the power given to the man to give his wife “corrections” as one would do to his children.
Certain traditions, considered dehumanizing customs, give the husband the right to correct their wife. Curiously, judges, despite the force of the law which prohibits these practices, do not succeed in getting rid of them. The most illustrative example of this fact is polygyny. On the principle of equality, the fact for the husband to have several wives is a violation of the law on the principle of equality between men and women according to the Cameroonian Constitution. In order not to offend sensitivities, the judges consider that the case law on the subject is insufficient to abolish polygamy.
LADIES BUSINESS BRUNCH
NOV 26, 2016 at the restaurant MAROQUIYA Maroquiya rue vasnitex in Bonapriso.
We will talk about Domestic Violence…
In Cameroon,
– 45% of women in relationships have suffered physical violence,
– 20% of sexual violence
– 42% of moral violence.— Association ‘Women Act’ (@LadiesAfterWork) November 17, 2022
A utopian equality which reinforces the power of the husband over the wife
A certain opinion also thinks that equality between married couples is utopian. In the event of a tie, what will be done if the two conflicting partners cannot reach a consensus? At this moment it is the judge and social assistance who will be called to the rescue. This imbroglio of the law is unfortunately favorable to man.
However, jurists were quick to provide details on this famous equality established by international law. For Professor Leopold Donfack Sokeng, “woman and man cannot have an identical social condition because society hardly assigns them the same role”.
This principle of equality between partners is very often difficult to transcend in a context of domestic violence and more particularly rape. In article 296 of the Penal Code, the law makes the man the rapist (executioner) and the woman the raped (victim). This is a violation of international law, because the wife can also be a rapist under equality. Despite this power given to the man, it is particularly too risky for the woman to venture into accusations of rape. Cases of rape and sexual harassment are difficult to prove. Finally, man tends to abuse it.
Equality is really not a panacea for eradicating domestic violence
How to understand and interpret the principle of equality in the couple? In a first case, perfect equality is achievable. The most telling example is the obligation of responsibilities, assistance and education of children. In the second case, there is an imperfect equality, the example of which was given above in paternal power where management of the household is conferred on the man thanks to his status as “head of the household”.
So what would be the magic solution to eradicate domestic violence if the law has not succeeded in doing so? In other words, isn’t the solution to domestic violence found elsewhere than in the law? In truth, the opinion on the objectification of women by African tradition is a demonization. Far from being perfect, the traditional conception of the place of society must be studied from top to bottom.
This article was written as part of the citizen campaign organized by the Association of Bloggers of Cameroon (ABC) with the theme: “Femicide, sexual assault and domestic violence”
References :
Tjouen, Alex-François (2012), The condition of women in Cameroonian family law, International Review of Comparative Law, Pp. 137-167, link:
Atangana-Malangue, Thérèse (2006), The principle of equality in Cameroonian family law, International Review of Comparative Law, Pp. 833-858, consulted on April 24, 2024:
Kamgang Simeu, Christelle Corinne (2022), The fight against forced marriages in the light of the Maputo protocol, The Human Rights Review, consulted on April 24, 2024: chrome-extension://gphandlahdpffmccakmbngmbjnjiiahp/