The 28 of July 2016 was the day a forum was held at the municipal circle in Yaoundé (Hotel de Ville) which was represented firstly by the Minister of women empowerment and the family (Minproff), Minister of social Affairs, Minister of basic education, Pan African vice president concerning the woman members of diplomatic bodies and the representative of the United Nations concerning Human Rights. The issue was related to the promotion of women, families and children’s rights in the new penal Code.
In effect, the event was based on the protection of women, families and children’s rights and to make points on the law N° 2016/007 of the 12 July 2016 on the penal code that was promulgated by the President of the Republic. It was aimed at showing what the penal code stipulates and to show in what measures it protects the woman and the children. Firstly, section 179 which concerns Custody of minor stipulates: “Whoever fails to return a minor to the person to whom his custody has been granted by the order, whether permanent or temporal of a court shall be punished with imprisonment for one month to one year and with a fine of five thousand (5000) to one million (1000000) and where the offended has been deprived from parental power, the imprisonment may extend to three years”.
Section 180 based on maintenance and survivor’s pension says: “Whoever lets pass two months without paying in full any maintenance which he has been ordered by court to pay to his spouse shall be punished with imprisonment from one (01) month to one (01) year with a fine of twenty (20) thousand to four hundred (400) thousand. Concerning the survivor pension, whoever deprives a surviving spouse or orphan from benefiting from the survivor’s pension to which they are entitled shall be punished identically”.
Section 277 based on grievous harm, genital mutilation and prevention of growth of organ. It stipulates that whoever permanently deprives another of the use of the whole or of any part, organ or sense shall be punished with imprisonment of 10 to 20 years. The same punishment goes to whoever mutilates the genital organ of a person. The penalty shall be imprisonment for life where the offender habitually carries out such practice or does so for commercial purposes, it leads to the death of the victim. Also, whoever interferes with an organ in order to inhibit its normal growth shall be punished with an imprisonment of 6 months to 5 years and with a fine of 100 thousand to one (01) million.
Section 295 talks about private indecency which states that whoever in any place, notwithstanding that it may not be open to the public commits an indecent act in the presence of any person of either sex and without his consent shall be punished with an imprisonment from 15 days to 2 years or with a fine of 10 thousand to 100 thousand. The punishment can be doubled if the offence is accompanied by an assault.
Rape as to section 296 states: “Whoever by force or moral ascendency compels any person whether above or below the age of puberty to have sexual intercourse with him shall be punished with an imprisonment of 5 to 10 years”. Subsequent marriage that is section 297 says marriage freely consented between the offender and the victim, even where she is over puberty at the time of commission of the offence provided in section 295 and 296 shall have no effect on the prosecution and conviction.
Sexual Harassment according to section 302 stipulates: “Whoever takes advantage of the authority conferred on him by his position to harass another using orders, threats, constraint or pressure in order to obtain sexual favors shall be punished with imprisonment of 6months to 1 year and with a fine of 100 thousand to 1 million .The penalty shall increase from 1 to 3 years if the victim is still a minor”.
Section 337 Abortion. It stipulates that any woman procuring or consenting to her abortion shall be punished with imprisonment of 15 days to 1 year or with a fine of 5thousand to 200 thousand and (2) whoever procures the abortion not withstanding her consent shall be punished with imprisonment of 1 to 5 years and a fine of 100 thousand to 2 million .The penalties shall be doubled where the offender practices the profession of medicine.
Assault on woman with child section 338 states that whoever by force used against the woman with child or against a child being born causes intentionally or unintentionally the death or permanent incapacity of the child shall be punished with imprisonment of 5 to 10 years with a fine of 100 thousand to 2 million. Section 341 concerning cloud on parentage states that any person whose conduct has the result of depriving a child of the evidence of his true parentage shall be punished with imprisonment of 5 to 10 years.
Section 342 Debt bondage of persons, trafficking and slavery of persons. ”Whoever subjects a person to debt bondage shall be punished with imprisonment of 5 to 10 years and a fine of 500 thousand. The penalty shall be doubled if the offender is an ascendant, guardian or a person having customary over the victim. Also, whoever engages even occasionally in the practice of trafficking in persons or slavery shall be punished with imprisonment of 10 to 20 years and a fine of 10 million. It can be aggravated if the offence is committed against a minor of 15 years old, offence is committed by an organized gang, offence is committed with the use of weapon etc”.
The corruption of youths according to section 344 states that whoever in order to satisfy the desires of another person, habitually excites, encourages or facilitates the debauch or corruption of any person under 18 years of age shall be punished with imprisonment of 5 years and a fine of 20thousand to 1million.The penalty shall be doubled if the victim is under the age 16.
Kidnapping of children according to article 352 states that whoever without forces or fraud takes or entices away any person under 18 years of age against the will of those to whom custody belongs by custom ,or procures him to leave that custody shall be punished with imprisonment from 1 to 5 years and with a fine of 20 thousand to 200 thousand.On the other hand, the kidnapping of a child by force or fraud says whoever by force or fraud takes or entices away any person under the age of 20 notwithstanding that he thought him older and against the will of those to whom custody belongs by law or by custom procures him to leave that custody shall be punished with imprisonment of 5 to 10 years and with a fine of 20 thousand to 400 thousand. The fault can be aggravated according to article 354 whereby the punishment for kidnapping under either of the two foregoing section shall be imprisoned for life if the person kidnapping is under the age of 13 or the punishment shall be death where the minor dies as a result of the kidnapping.
Section 355 (1, 2) failure to return a child, interference with the right to visit and interference with the right to education or training. This section stipulates that whoever being in charge of a child fails to return him to those having the right to claim him back shall be punished with imprisonment of 1 to 5 years and with fine from20 thousand to 200 thousand. Section 355(1) says any parent who interferes with the exercise by the other parent of the right granted by a court order to visit any child they have In common, shall be punished with imprisonment of 6 months to 1 year or with a fine of 50 thousand to 500thousand. Section 355 (2) says any parent with sufficient means who refuses to send his child to school shall be punished with fine from 50 thousand to 500 thousand and imprisonment for 1 to 2 year where the offence is repeated.
The penal code on its section 356 talks about forced marriage and stipulates that whoever compels anyone to marry shall be punished with imprisonment from 5 to 10 years and with a fine of 25 thousand to 1 million. Where the victim is under the age of 18, the punishment may not be less than 2 years of imprisonment whatever the mitigating circumstances. Upon conviction, the court may deprive the offender of parental power and disqualify him from being the guardian or curator of any person for the time prescribed by section 31(4) of the code.
Section 357 reminds us of the abuse in respect of bride price which states that whoever receives from a third party the whole or any part of a bride-price for the promise in marriage of a woman already married or bound by a betrothal not yet broken off or demands the whole or any part of an exclusive bride-price for the marriage of a girl over 21 years of age or of a widow shall be punished with imprisonment for 1 to 5 years or with fine of 5 thousand to 500 thousand.
Section 358 of the penal code talks about desertion and stipulates that any spouse or parent who without just cause evades whether by desertion of the family home or material obligations towards his spouse or children shall be punished with imprisonment for 3months to 1 year or with fine of 5 thousand to 500 thousand.
Lastly, section 361 that deals with adultery states that a woman being married, has sexual intercourse with a man other than her husband shall be punished with imprisonment from 2 to 6 months or with a fine of 25 thousand to 100 thousand .Also, a husband that has sexual intercourse with a woman other than his wife shall equally be punished accordingly.
Audrey Nadine Jiki
