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CHAPTER ONE
INTRODUCTION
1.1. AN OVERVIEW OF THE STUDY
During the “dark ages”, around the 16th
century, slavery and the
slave trade were the main forms of child or human trafficking. Slavery is
defined as the activity of having slaves, while slave trade was the
catching, transportation, selling and serving of Africans as slaves.1
A slave
is a person, legally owned with no personal freedom. The advent of the
Industrial Revolution in Europe and the Americas saw the prevalence of
factories and were heavily scouted for, to meet up the required work force
demanded in these factories and plantations due to their muscular prowess.
Unfortunately, this desperate search led to under aged children been sold
as slaves. These children were subsequent maltreated, sexually abused and
forced to work for very long hours. This practice of human trafficking
especially trafficking in the child is still rampant in the world today.
Though the statistics regarding the magnitude of child trafficking
are not easily obtained, the International Labour Organization (I.L.O)
estimates that about 1.2 million children are trafficked annually. The
trafficking of children has been internationally recognized as a major
Human Rights violation, prevalent in every region of the world.
1
Cambridge Dictionary

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Cameroon is considered as a “haven for child trafficking” as over
4000 children between the ages of 9 to 13 fall victim to this malpractices
yearly.2
Yet, it is only within the past decades that the prevalence and
ramification of this practice has risen to international prominence due to
its dramatic increase. Child trafficking has become the order of the day in
every part of the world especially third world countries like Gabon, Chad,
Senegal, Mali, Guinea, Congo, Niger, the Central African Republic,
Nigeria and Cameroon3
which is the bone of contention in this study.
Cameroon is a source, transit and destination for international
trafficking of children and trafficking also occurs within the country
involving both the male and female under aged children.4
Women are also
trafficked, with their rights being violated. But since children are more
vulnerable, they easily fall victims to perpetrators of this act, they are
trafficked for commercial sexual exploitation in restaurants and bars;
particular to the female victims and forced labour on tea and cocoa
plantation for the male victims.
Due to this disheartening phenomenon, many organizations in the
world have put forth related instruments in a bid to combat this
malpractice which brings untold sufferings to children. In Cameroon, the
PENAL CODE and the CONSTITUTION provide protection for children
2
Yemti Ndienla, yahoo! Contributor Network January 6, 2011.
3
U.S Department of Labour for Cameroon, September 2009
4
September 2009 U.S Department of Labour Report for Cameroon

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who fall prey to such acts. As per the PENAL CODE, child trafficking is a
punishable crime against humanity.
Many international, regional and national instruments have been
implemented that relate to and affect the practice of child trafficking.
These tools have been used to define what legally constitute trafficking in
children such that, they impose legal actions against those who engage in,
and promote the practice. The United Nations Organization (U.N.O) has
been at the forefront in combating the malicious act of trading and
transportation of children.
The Universal Declaration of Human Rights and the Convention on
the Rights of the Child
All of the United Nations are visible efforts in its quest of
combating the crime.
Since the trafficking of children mainly constitute the labour and
migrationary ingredients, organizations such as the International Lbaour
Organization (I.L.O) have instituted international frameworks clarifying
instances in which these practices are illegal, they include: the I.L.O
Minimum Age Convention5
and the I.L.O Worst forms of child labour
5
1973 Ratified by Cameroon on August 13, 2001.

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convention6
. Instrument of regional and national organization have also
been put in place in order to fight this illegal practice.
1.2. PROBLEMS STATEMENT
Notwithstanding by efforts made and machineries put in place by
the state of Cameroon to check Human Rights violations especially in the
South West Region, there still exist massive Human Rights violation
especially rights of the child. Combating child trafficking in the South
West Region has posed and still poses serious problems to government
authorities and local indigenes. This is to the weak enforcement of various
child trafficking conventions and laws, coupled with the failure to carry
out checks in the remote areas of the South West Region. All this have not
deterred the high rate of child trafficking in the South West Region
especially in the very rural.
1.3. OBJECTIVE OF THE STUDY
A. GENERAL OBJECTIVES
This study is aimed at examining the reasons why there still exist
very high rate of child trafficking in its numerous forms especially in the
rural parts of the South West, given the Human Rights mechanisms put in
place to contain it.
6
Convention182, 87th
session Geneva, June 1999

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B. SPECIFIC OBJECTIVES
This study shall seek the following specific objective:
 Identity who a child is and examine various forms of trafficking
common in the South West Region.
 Examine the cause of child trafficking and its negative impact on
child and society
 The problems that arise in the fight against child trafficking in the
South West Region.
 Moreover, the law on child trafficking and its effectiveness in
regulating the malpractices will be examined.
1.4. RESEARCH METHODOLOGY
As every legal research, this study makes use of doctrinal research
method through its analysis of both primary and secondary sources of
information.7
Primary sources of information will include; legislation and
case law analysis. Secondary sources of information shall comprise of the
internet, textbooks, and articles related to the study.
7
Lectures Notes on Law 431: Legal Research Methodology by Dr. Boma Alvine L. 2012/2013.

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1.5. SIGNIFICANCE OF THE STUDY
This study is very significance in that, through out the world most
especially in the developing countries, and even some developed
countries, the rate of child trafficking is high and it has been a very
challenging task for government and other Human Rights Organization to
effectively contain the situation. Therefore, the government of Cameroon
will need to intensify the enforcement of Human Rights especially the
rights of children in the South West Region for the situation to be
remedied.
Moreover, the study will have the significance of increasing
awareness amongst Cameroonians and reduce the rate of ignorance
between them, especially those of the South West Region who fall victim
to this malpractice, to be able to speak out and fight for their rights.
In addition, the research will serve as an advising tool to lawmakers,
Human Rights activitists and advocate inclusive. It will also play the vital
role of serving as an educative forum to the entire population, enabling
them to identify the various forms, causes of child trafficking as well as
the degrading treatments meted out on the children. This to a greater
extent will help in the fight against this evil practize dehumanizing deeply
rooted in our society.

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1.6. AREA AND SCOPE OF STUDY
Our area of focus will be the Cameroonian constituency although its
scope shall be limited to the South West Region.
1.7. DEFINITION OF KEY TERMS
1.7.1. Trafficking
Trafficking here will include the elements of recruiting,
transportation, transfer, harbouring and receipt.8
1.7.2. Child
A child is any person of either sex aged below eighteen (18).9
1.7.3. Child Trafficking
Being a form of human trafficking, it is defines as the recruitment,
transportation, transfer, harbouring or receipt of persons, by means
of threat or the use or other forms of coercion, of abduction, of
fraud of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person
for the purpose of exploitation.10
8
United Nations Convention against Transnational organized Crime.
9
Law No. 2005/015 of 29th
December 2005 relating to fight against slavery and child trafficking
10
Article 3, paragraph (a) of the protocol to prevent, suppress and punish trafficking in persons
especially women and children 25/12/03.

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CHAPTER TWO
WHO IS A CHILD AND THE FORMS OF CHILD TRAFFICKING
2.1. Who is a child?
Biologically, a child is any human being between the stages of birth
an puberty or in the development stages of childhood between infancy and
adulthood. Certain definitions of a child include the foetus as being an
unborn child. The legal definition of a child generally refers to a minor
that is, a person below the age of majority. A child is a human being
below the age of eighteen (18) unless under the law applicable to the child
majority is attained.11
The bi-jural nature of Cameroon’s judicial system gives no uniform
definition of who a child is, as different ages are scattered in different
pieces of legislation which include the French Civil Code and Common
Law. Under the 1985 French Civil Code applicable in the former East
Cameroon, the age of majority is 21, thus a minor is any one below the
age of 21. Meanwhile, under the common law applicable to the former
west Cameroon, the age of majority is 18 therefore; a minor is anyone
below 18. At common law, one who had not attained the age of 18 is a
child.12
According to law No. 2005/015 of 29th
December 2005 relating to
11
UN Conventions on the right of the child 20 November 1989
12
Black’s law Dictionary sixth edition, Centennial edition page 239, (1891-1991).

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the fight against slavery and child trafficking in Cameroon; a child is a
person of either sex aged below 18.
Generally, children are deemed to be more vulnerable than adult
due to their psychological and physical immaturity, and are regarded as
not being able to make serious decisions reason why, they must always be
under the custody of responsible adults who are either their parents or
guardians. A waiver of this immaturity is only believed to occur when
they attained majority.
2.2. FORMS OF CHILD TRAFFICKING COMMON IN THE
SOUTH WEST REGION
A. Commercial Sexual Exploitation
Commercial sexual exploitation is defined as sexual abuse by an
adult with remuneration in cash or in kind to the child or third party. As
early mentioned a child is anyone below the age of 18.13
Commercial
sexual exploitation of children constitutes a form of violence against
children and it is a criminal practice which violates children rights. The
issue of consent is irrelevant because the victim is a child and cannot
consent to abuse. Offenders will often coercion, abduction, deception and
violence to control and manipulate the child for exploitation.
13
United Nations, section 35, convention on the right of a child 1989

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Modern technological reforms have intoxicated the trafficking of
children for sexual purposes. Fueled by the demand for sex or sexual
activities with children, certain victims are specifically trafficked for the
sex industry. Some of these children are used for pornographic adverts
over internet websites as their naked pictures serve as pornographic
posters. There are mostly done to child domestic workers. A child
domestic worker is any child below the age of 18 providing domestic
servitude to a family for a given time in order to save money for family
support, personal needs or for future professional training.
To become domestic workers, the traffickers make promises to the
child’s parents or guardian in order to allow placement of the child in
another family, usually far from the child’s home town. When these
children are placed in these families, they are sexually exploited and
forced not to report to anyone. This is common in towns like Kumba,
Buea, Limbe where there exist repeated cases of sexual exploitation of
child domestic workers by their employers. The following factors
contribute in the sexual exploitation of female under-aged children;
 Tender age and Illiteracy
Most of these children are young and often illiterates lacking the skills
or opportunities to seek help in leaving such work places. They are
hidden away in private homes, most do not attend school and rarely go

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out except on brief errands and have infrequent contacts with their
families. Some girls try to brave the odds by risking to run away, but
many put up with the ill-treatment because they lack financial
possibilities and required know-how on returning home. Moreover,
fear of violent threats from the employers deter the victims, while some
are scared of the insecurity involved in trying to make if home on their
own.
 Position of Vulnerability
Due to abject poverty, some domestic workers suffer sexual
exploitation in order to continue supporting their families. Perpetrators are
usually greedy and money minded women who use girls for commercial
sex, and men where these girls work as domestic servants render them
powerless, threatening them not to report this abuse.14
The impunity
available to most of these perpetrators allows them to continue the sexual
violation of these children in their household.
B. FORCED LABOUR
Forced labour as a type of child trafficking has been defined as all
work or services which is extracted from any person under the age of 18,
who is under the menace of any penalty and for which the said person has
14
Confession if victims, expert by Yemti Ndienla, online Journalism publisher. January 6, 2011.

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not offered him or herself voluntary.15
Technically, the end goal of child
trafficking is always forced labour. Forced child labour also refers
specifically to children used for labour who are under the stipulated
minimum age. It can take many forms including; domestic servitude,
exploitation in agricultural services, manufacturing industries and street
vending or hawking. Victims of this form are kept in additions of bonded
labour because they are told they have to repay their travel and other
expenses incurred by the traffickers.
15
Article 2 Paragraph 1 of ILO forced labour convention (1930) No. 29.

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CHAPTER THREE
CAUSES AND PROBLEMS OF CHILD TRAFFICKING
3.1. CAUSES OF CHILD TRAFFICKING
The high rate of child trafficking in the South West region is
obviously precipitated by the following factors;
a. Lack of vocational and insufficient educational opportunities
Residents of the rural communities in the South West region are not
offered good educational facilities and obviously little vocational
opportunities. Therefore, the high illiteracy rate in such areas exposes the
vulnerability of the inhabitants as they tend to accept whatever offer
sidelining their risk. Traffickers on their part manipulate inhabitants easily
as their uneducated nature raises no curiosity in them concerning the silver
lining offers usually proposed. Inhabitants therefore accept every offer
made to them in the believe of having a better future.
b. Unemployment
The problem of unemployment is very common within African com
munities not exempting the South West region of Cameroon. High
unemployment rates leads to an insurgence in crime rates. This enables
some unscrupulous men to enrich themselves as they get involved in the
trafficking network. They move to the rural areas where unemployment

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rates are high, making life miserable for most inhabitants. Traffickers use
the banner of employment opportunities in the urban towns of Buea,
Limbe or Kumba to traffic children away from their parents. Parents easily
fall prey as they believe that sooner than later, their children will be
leading lives better than theirs. Victims are trafficked from rural to urban
cities to do meaner jobs under very deplorable circumstances close to
slavery. Most trafficked children are often believed to come from families
with five or more children. Parents of such homes are usually unable to
maintain their families through the provision of basic needs reason why,
they let go children to traffickers when they come knocking without a
second thought.
c. High profits and low risks involved
Notwithstanding the illegal nature of child trafficking, the risks
involved are low, motivating involvement into the practice. Traffickers
earn handsomely from the trade. Trafficking usually involves wide
network thus huge sums of money involved. Traffickers in the South West
region are estimated to generate about 1,000,000fcfa and more annually.
Risks involved in trafficking for the traffickers are diminished due to the
slow implementation of anti-trafficking laws. Those involved in the chain
of trafficker such as recruiters earn about 100,000fcfa to 500,000fcfa after
the delivery of the children to the employer. Earnings vary taking into

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considering destination and purpose for trafficking. For example,
traffickers trafficking children for sexual exploitation will obviously earn
more.
d. Social factors
The breakdown of traditional family structures occasioning from the
death of one or both parents of the family exposes the children,
usually offers to traffickers. Paternal or maternal aunts and uncles
shy away from responsibilities by placing the orphans at the mercy
of traffickers. This is a regrettable scenario as even orphans from
once wealthy families find themselves in such predicaments due to
the greedy nature of other family members such as uncles who
usually amass the wealth of the deceased for themselves.

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