A critical appraisal of the juvenile justice system under Cameroon's 2005 criminal procedure code: emerging challanges
Abstract
The objective of this article is to examine the changes introduced by the 2005
Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that
before this Code, juvenile justice in Cameroon was governed by extra-national laws. In
undertaking this analysis, the article highlights the evolution of the administration of
juvenile justice 50 years after independence of Cameroon. It also points out the various
difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since
the enactment of the new Criminal Procedure Code. The article reveals that the 2005
Code is an amalgamation of all hitherto existing laws in the country that pertained to
juvenile justice, and that despite the considerable amount of criticism it has received,
the Code is clearly an improvement of the system of juvenile justice in Cameroon, since
it represents a balance of the due process rights of young people, the protection of
society and the special needs of young offenders. This is so because the drafters of the
Code took a broad view of the old laws on juvenile justice. Also a wide range of groups
were consulted, including criminal justice professionals, children’s service organisations,
victims, parents, young offenders, educators, advocacy groups and social-policy
analysts. However, to address the challenges that beset the juvenile justice system of
Cameroon, the strategy of the government should be focussed on three areas: the
prevention of youth crime, the provision of meaningful consequences for the actions of
young people, and the rehabilitation and reintegration of young offenders. Cameroonian
law should seek educative solutions rather than to impose prison sentences or other
repressive measures on young offenders. Special courts to deal with young offenders
should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of
juvenile crime.