Cameroon: Presidential decree sparks controversy

President faulted for back-pedaling

By Yemti Harry Ndienla

President Paul Biya, of Cameroon signed a presidential decree No. 2008/376 recently transforming the countries ten provinces into Regions. But for the districts which have been scrapped the decree states that Cameroon is made up of 10 regions, 58 Divisions and over 300 Sub-divisions with Governors and Senior Divisional Officers all appointed by the President of the Republic to head these administrative units just like in the past. It should be noted here that president Biya, promulgated the law on Regions (Law No. 2004/19 of 22 July 2004) in 2004, making most Cameroonians to be optimistic that they would be spared the trouble of over centralisation. That they would have the opportunity to take decisions on those matters that concern their intimate lives.
Contrary to general expectations following the terms of Law No. 2004/19 of 22 July 2004 to lay down rules applicable to regions, the Nov. 12 presidential decree makes it clear that the new administrative set-up of the country is largely a replica of the status quo, drawing criticism to the fact that the over centralisation of power on the Head of State will be a stark reality in the new dispensation.

Consequently Cameroonians have reacted with disappointment following the said presidential decree, indicating that President Biya has moved one step further to carry out cosmetic and half-hearted implementation of decentralisation.
Reacting to the post newspaper on the provisions of the decree, the Member of Parliament for the Mezam Centre Constituency, Hon. Simon Fobi Nchinda, said: "President Biya has put Governors above Regional Council Presidents." Adding that a careful reading of the decree makes it clear that the Presidents of the Regional Councils, when, finally elected, will take instructions from appointed Governors.

The MP faulted President Biya for back-pedaling on the process of decentralisation: "Biya has instead concentrated powers in his own hands by giving himself the right to hire and fire the so-called Regional Governors at will." a situation which to him runs counter to the spirit of decentralisation because the local people are not given a chance to choose those who administer them. He claimed that such a situation slows down development in many ways because the appointed Governors render accounts of their stewardship only to the Head of State and not to the people.
Others described the decree as a harbinger of doom as far as the process of decentralisation is concerned. While accusing President Paul Biya of being "a master of legal cosmetics" who uses the law to shield a lot of wrong decisions a civil servant told The Post, “I still see a situation where people will continue to go to Yaounde to process their documents and chase files. Yaounde will continue to dictate the pace of events for local development,''

The Law on Regions stipulates in Section 65 that "The President of the regional council shall be the chief executive of the region." With the current decree there will certainly be a tussle of authority between the appointed Governor and the elected Regional President.
In order to maintain the concentration of more powers in the hands of the President of the Republic, Article 28 of the decree states emphatically that the Governor and the SDO represent the Head of State in their respective administrative units. The President of the Republic, according to the provisions of the text, has the right to create more Regions, Divisions and Sub-divisions whenever he deems it necessary.

Even the Law on Regions ensures the central government's intimate involvement. For instance, Section 68 states that "The President of the Republic shall appoint the Secretary General of the Region upon the recommendation of the Minister in charge of Regional and Local Authorities. He shall terminate such appointment."

The letter and spirit of decentralisation as enshrined in the 1996 Constitution, provides for the effective devolution of powers in such a way that local communities will be empowered to manage their affairs. Many Cameroonians embraced the idea, hoping that it would lead to the dawn of a new era in which people in the Regions will be given the opportunity to elect their own Governors.

They contend that appointed officials rather strive to satisfy their masters and not the developmental needs of the people."This is a terrible disappointment. We did the framework for decentralisation in which it was recommended that Governors be elected. But the President of the Republic has instead concentrated more powers in his hands," the Communication Officer of the Cameroon Democratic Union, CDU, Aloysius Ajang remarked.

He told The Post that the new text is not in favour of decentralisation because the local people are not given an opportunity to elect their leaders and manage their own affairs.
Others have dismissed the creation of the Regions as an unconstitutional move insisting that the 1996 Constitution provides for the election of regional councils headed by the President. Expressing disappointment that appointed Governors will lord it over elected Regional governments. A situation, they say will hardly lead to development.
"The Constitution and the current decentralisation are 'French-made' and, hence, alien to our realities. We hoped that, with time, philosophers, political scientists will come up with a genuine Cameroon Constitution that will ensure effective decentralisation, empowering local populations towards development”.

Meanwhile a veteran Cameroon civil rights activist, A.S. Ngwana, agues that Cameroon needs states and not regions. Hear him “We are very disappointed to read that on Wednesday, 12November, President Paul Biya signed a decree changing the 10 existing provinces to regions. A worthless change of name. Cameroon requires states, not regions. Cameroon needs a federal system of government, not a unitary system of government with decentralization”.
While explaining that the people in a federal system vote their own chief executive (prime minister or governor) who owes allegiance to his electorate and is answerable to them, A.S. Ngwana express regret that in the present system (the unitary government), the governor or chief executive of the region is appointed by the president and he owes allegiance to the president and not to the people of the region. “He is just a senior civil servant who can be sacked or transferred by the president at will”.
“Cameroon is a bilingual country, and if we want it to be happy and prosperous, if we want Cameroon to remain one corporate unit, we must return to the federal system of government. We must return to the 1961 constitution of the Federal Republic of Cameroon. That constitution guaranteed equality of status between the Anglophone state of West Cameroon and the Francophone state of East Cameroon. It guaranteed equality and equal opportunities to all Cameroonians.
Since the abolition of the federal government, Cameroon has not been the same again. The Anglophones have suffered from marginalisation and discrimination. Subsequent manipulations of the constitution have further driven Anglophones to desperation.
Today the majority of Anglophones are fed up with Cameroon and some even want a break-up of the country. Every action of the CPDM government headed by a Francophone for 47 years since independence, has alienated and provoked Anglophones more and more.
In the interest of peace, economic development, happiness of all Cameroonians, we should return to the federation. Only in the federation shall all Cameroonians feel a sense of belonging; only in the federation shall we guarantee the corporate existence of Cameroon”, said the civil rights activist.