Policy Tracker: Central Africa

Democratic Republic of Congo

The Council of Ministers of the Democratic Republic of Congo (DRC) approved, on 15 April 2022, the National Land Policy, over 50 years after independence. Declared by the Minister of Land Affairs as a significant step forward in the process of land reform undertaken since 2012, the land policy has had positive responses from the citizens of DRC.

UN-Habitat and the Global Land Tool Network have been supporting the land policy reforms in the country for 10 years. The land policy was developed and approved through the Support to Land Reform and Capacity Development in DRC Programme with the support of the United Nations Central African Forest Initiative facility.

The National Land Policy addresses the current and emerging land-governance issues in the country. It took more than two years of extensive, multi-stakeholder consultations in the country’s 26 provinces, a series of partner and experts’ dialogues, and a national validation workshop in November 2021 to reach this landmark achievement.

The new policy is expected to lead to substantial improvements in a range of areas including easing the recognition of tenure security of customary lands in both urban and rural areas, along with subsequent land transactions. The policy according to reports will improve the recognition of land rights of marginalized groups, particularly women and indigenous peoples. It makes way for the land administration to be modernized, the transparency and delivery of land administration services to be improved, and land-administration functions to be decentralized. The policy will make it easier to prevent and resolve conflicts over land.

Mr Aimé Sakombi Molendo, Minister of Land Affairs, acknowledged the contribution of UN-Habitat: “May UN-Habitat, the implementing agency of the land reform support programme within the framework of the (Central African Forest) initiative, be thanked for the technical, administrative and logistical support it provided to CONAREF in order to successfully carry out its mission.”

With regards to this policy, toi the citizens of DRC, this is a broad step the government of DRC has taken as it will also tackle the land disputes that has bedeviled DRC for quite some time. The policy will also ensure, protect  and fulfill the land rights of citizens as envisioned in the constitution of the DRC. To this end it will be the effectiveness of the policy by the government in the implementation process which will determine the full success of the National Land Policy in DRC.

CAMEROON

The President of the Republic of Cameroon promulgated, on 27 April 2022, Law No. 2022/008 relating to medical research involving human subjects in Cameroon ('the Law on Medical Research'). On April 27, 2022, the Parliament of Cameroon adopted a law providing a new framework for medical research involving the “human person.” This law places a particular emphasis on the right to information and the free, informed, and written consent of the participants.

Adopted by the Parliament of Cameroon, the law provides a new framework for medical research involving the “human person.” This law places a particular emphasis on the right to information and the free, informed, and written consent of the participants. It also provides guarantees regarding respect for privacy and confidentiality of personal data and respect for human integrity, dignity, and vulnerability.

The newly enacted law delimits the scope of consent for medical research involving minors (articles 15 and 16), disabled persons (articles 17 and 18), and pregnant women (articles 19 and 20). It also provides a framework for medical research on in vivo fetuses and in vivo embryos (articles 19 to 22). Finally, the law addresses research conducted on stillborn children (articles 23 and 24) and on the dead (articles 27 and 28).

Article 59 of the law establishes criminal sanctions, providing for a penalty of one to five years’ imprisonment and a fine of 10–50 million Cameroonian francs (approximately US$16,000–$82,000) for anyone who carries out a medical research project:

•  without having informed the participants of their rights and of the modalities and risks of the research;

• without having obtained the consent of the person concerned or that of other persons (or)authorities designated to authorize the research;

•  for conducting such research on a minor or a legally incapable adult without having asked for their consent and the consent of their legal guardian;

• when consent previously given has been withdrawn.

Such consent had already been recognized in the international human rights sphere. Article 7 of the International Covenant on Civic and Political Rights (which Cameroon ratified in 1984) outlines how “no one shall be subjected without his free consent to medical or scientific experimentation.” In addition, the Council for International Organizations of Medical Sciences, in collaboration with the World Health Organization, had enacted guidelines in 2016 and made it clear that informed consent is of the utmost importance. According to its Guideline 9, “researchers have a duty to provide potential research participants with the information and the opportunity to give their free and informed consent to participate in research, or to decline to do so.”. This is a positive step that has been taken by the government of Cameroon as a way to deal with health issues related to research

EQUATORIAL GUINEA

Equatorial Guinea, one of the world’s most authoritarian countries in Africa, has abolished the death penalty, the state television announced on Monday citing a new law signed by President Teodoro Obiang Nguema Mbasogo. The law known as Capital punishment was “totally abolished” in the oil-rich central African nation after the president signed a new penal code, shared on Twitter by the vice president.

The last official execution in the small country was carried out in 2014, according to Amnesty International, but international NGOs and the United Nations regularly accuse the regime of forced disappearances, arbitrary detention and torture. On a twitter post by the Vice President, Teodoro Nguema Obiang Manguewas written, “I am writing in capitals to seal this unique moment: ‘EQUATORIAL GUINEA HAS ABOLISHED THE DEATH PENALTY’,” 

This measure will come into force in the 90 days following its publication in the official state journal and was approved in advance by parliament, where all but one of the 100 MPs represent the ruling party.

To note is that, Globally, about 170 countries have abolished or introduced moratoria against the death penalty, according to the United Nations. Equatorial Guinea's new law bolsters "the global trend towards universal abolition" and contributes "to the enhancement and development of human rights," acting U.N. High Commissioner for human rights Nada Al-Nashif said in a statement. Although vast problems remain in Equatorial Guinea, this is a commentable reform that has been done by the country. To the citizens of Equatorial Guinea this entails not only fulfilling the right to life of every person, but also will contribute to the country’s economic growth given the role human capital contributes to a country’s development regardless of what crime they have committed. This abolition is also a step forward towards the respect of human rights in the country.