Cameroon :State Authority and The Rule of Law

By Tazoacha Asonganyi

All politics and the democratic processes that govern politics take place in society.
Carved out from society is a referee usually referred to as the state.Indeed, the state is the level at which all factionsin society meet. The state plays the noble role ofreferee and facilitator of political and democraticprocesses.

To play these roles well, the state should be non-partisan.Early thinkers who created the concept of the state knew that humans are not angels; that they can be both good and evil. They can usually be blinded by theirpassions and self-interests. This is why it is the duty of the state to produce laws, rules and regulations to guide the actions of both rulers andthe ruled in society.Many of such laws, rules and regulations exist inCameroon.

On paper, most of them are reasonable, but in practice they are usually ignored to the benefit of individuals or partisan groups like political parties,especially the ruling party! Most agents of the state are known to treat laws as if they are informal rules that they can obey or disobey at their discretion!
Therefore one of the main problems with the rule oflaw in Cameroon lies with people who implement laws.

In fact, it is the generalised disregard for the lawby state officials that has bred the culture of corruption that is the main challenge to governance inCameroon today.Since 20th May 2008, a drama has been played out in Menji Local Council in Lebialem Division, South WestProvince, out of the knowledge of the press thatusually highlights such events! On 20 May just beforethe start of the march past at the Menji Municipal Stadium, the Senior Divisional Officer (SDO) of Lebialem moved to the front of the grandstand and solemnly announced that he had suspended the Mayor indefinitely on the frivolous charge of "unpatrioticattitude"!

By this he meant that the Mayor refused togive out the council vehicle at his behest, even ifthe mayor had explained that the vehicle was not ingood mechanical condition. Then the SDO proceeded tofloat the usual information peddled by over-zealous administrators to gain support for their wrong decisions, or by political misfits to put down theirpolitical rivals - that the mayor is a closet SCNC militant!

Although law no.2004/17 of 22 July 2004 on orientationof decentralisation, and law no. 2004/18 of 22 July2004 to lay down rules applicable to councils, both ofwhich are in force today, do not give such powers tothe "the representatives of the state" who is the SDO,he actually proceeded to seal the office of the Majoras a sign of the effectiveness of the suspension!

For those who may not be aware of the provisions of the new laws, section 94 of law no. 2004/18 of 22 July2004 to lay down rules applicable to councils states unequivocally that "In case of infringement of the law and regulations in force, or of serious misconduct,mayors and deputy mayors may be suspended by order ofthe Minister in charge of regional and local authorities for a maximum period of three months after hearing them or requesting them to furnish written explanations on acts for which they are accused. After such period, they shall either be rehabilitated or dismissed? by decree of the President of theRepublic;...the suspension orders and dismissal shall give reasons thereof..."

The law is therefore clear on the duties of the"representative of the state" (the SDO) and on that ofthe minister in charge of local and regional authorities. Representatives of the state wherever they may be are supposed to be symbols of facilitationand leadership, not vessels of power. In a council,power has been devolved to the mayors; they are theones supposed to get things done. It is not the dutyof the state to remove the sense of pride and personal responsibility from mayors in councils. There is no use deceiving ourselves by producing documents and making official pronouncements that assure outsiders that there is the rule of law on decentralization inCameroon, as was the case last week during the African Ministerial Conference on Decentralisation (AMCOD),while the reality is different.

For the good of society, laws are supposed to bedecisive moral arbiters. Obedience of a law should be non negotiable. The law is not secure if representatives of the state behave as if they are the law, and infringe it as they see fit.

The act of the SDO of Lebialem is nothing short of sabotage of thelaw, especially as his action was a deliberate,skilfully executed plot to stir up protest during the20 May celebrations so as to impute the disturbances on a supposed lack of patriotism of the people! His assault on the law was not for the good of society but for his personal good.It is the insecurity dictated by human nature that propelled human societies to allow their lives to be governed by the state. The state provides laws, rules and regulations to govern activities in society.

A law is therefore not something that a representative ofthe state should feel that he is doing somebody afavour by obeying it. It is unfair, unjust and disruptive of council activities if the new laws on decentralisation are not obeyed by all stakeholders. A decision to disobey the law should be considered personal and should not engage the state, at the riskof discrediting the authority of the state.

It isincumbent on the state to build trust, confidence and respect for the role of the state by regularly disciplining its representatives who show disrespect for the rule of law.

President Biya grants clemency to February strike convicts, and other prisoners

President Paul Biya of Cameroon has granted presidential pardon to all those who where jailed
(mostly youths) as a result of the February upheavals in that Country and especially those whose jail terms have become final at the date of signature of the said decree signed on 20th May.

The clemency gives total remission for sentences in favour of those persons whose prison terms are equal to or below one year and 2/3 remission for sentence in favour of those persons whose prison terms are above one year.

But the pity does not apply to those convicts who had escaped at the date of signature of the said
presidential decree, as well as recidivists and those detained as a result of their conviction for an
offence committed during the period at which they were in detention.
It should be noted here that a total of 1.671 people (mostly youths) were arrested around the country after the violent strike of February 2008, which claimed lives and the destruction of both private and state properties amounting to several billion CFA. They include; 671, from littoral, 400, from the Centre, 100, from Southwest, 280, from West and 220, from the Northwest Provinces.

Consequently a host of them were summarily sentenced to various jail terms and fines of hundred of thousands CFA

Until the presidential pardon the young boys and girls, generally aged between 13 and 23, serving their jail terms in the different prisons the country.

An other presidential decree signed on the same day also gave clemency to other prisoners as follows; life-jail terms for those originally sentenced to death, 20 years remission for those originally sentenced to death but whose sentences had already been moderated, 20 years remission for those originally sentenced to life imprisonment but had not yet benefited any clemency, three years remission for those originally sentenced to life imprisonment but
whose terms had already been moderated to a fixed term, Two years remission for those originally sentenced to life imprisonment but had been reduced to 10 years or more, 15 months remission for those originally sentenced to terms equal to or below 10 years but above five years, 12 months remission for those originally sentenced to prison terms equal to or below five years but above three years, Eight months remission for those originally sentenced to prison
terms equal to or below three years but above one year, Six months remission for those originally
sentenced to prison terms equal to or below one year. For application, the decree states that minors who have been sentenced shall in addition benefit from one third of the applicable remission.

Meanwhile the said presidential pardon exempted those imprisoned on the following charges; Capital murder, aggravated theft, embezzlement of State funds, corruption, favoritism, trafficking, fake currency, customs and tax fraud, exams fraud, crimes related to legislation on arms, crimes related to forest laws, unlawful possession and traffic in drugs, unlawful possession and traffic in toxic waste, torture and unlawful possession and traffic in arms.

An appeal to all chairmen of political parties and MPs to defend the constitution

We cannot allow one man or a small group of people to destroy our country because we fear. We must stand up and defend the truth!

By A.S. Ngwana, Douala

Distinguished ladies and gentlemen,

Our country is at the crossroads of history and the future of Cameroon will depend on your decision now. You can help build Cameroon for the better tomorrow or help destroy it for the worse.

The question is simple: Should we allow President Paul Biya to amend the constitution, to destroy the constitution, to enable him to become life president of Cameroon?

Will history forgive us if for any selfish reason we were to sell our consciences and allow Paul Biya to destroy Cameroon, before God calls him, as God will call each one of us to account for what we have done or failed to do?

Our responsibility as political leaders is to leave behind us a peaceful, prosperous and happy Cameroon, built on the unshakable principles of justice, love and peace. We must build a Cameroon where everyone is equal before the law; a Cameroon where everyone can aspire to the highest position in government, irrespective of his creed, tribe or region. We must build a Cameroon where human dignity is valued and respected. We must build a Cameroon where people are free from ignorance, poverty, disease, corruption, hatred, oppression, discrimination, marginalization and tyranny.

We have not made progress in building a prosperous, virile and democratic country since independence because we suffer from fear, because we are selfish, because we are not prepared to make sacrifices. We cannot build this country based on fear. We cannot allow one man or a small group of people to destroy our country because we fear. We must stand up and defend the truth! The constitution is the supreme law of the State and because the constitution has been ignored, treated with contempt and manipulated by the head of State, there is no «rule of law» or «separation of powers» in Cameroon.

Honorable ladies and gentlemen, we as the political leaders of our country have a serious responsibility to ourselves, our children and our country. We cannot allow Biya to amend the constitution to be life president of Cameroon . Various governments under the president have been most corrupt, inefficient and disastrous.

Our appeal to all parliamentarians is that they should throw out any bill sent by Paul Biya to amend the constitution, so that he can stand for elections after 2011. You can either vote out the bill or walk out of the House. The president of the National Assembly is advised not to manipulate the passage of such a bill because Cameroonians will never forgive him. He will answer for such a terrible crime to the nation.

Our appeal to all chairmen of political parties is that they have to unite and educate their militants on the importance of the Constitution. In this exercise personal differences must be dropped in the interest of the nation. We suggest that one of the chairmen whose party is represented in parliament should take the initiative to call the chairmen of all political parties to an urgent meeting to discuss ways of stopping this threatening catastrophe in our country. Fru Ndi whose SDF party has the largest number of parliamentarians after the CPDM can do this. Or why not Ndam Njoya? In the absence of these two men, any other chairman should do so. We may invite the chairman of the CPDM or his representative to this meeting, if necessary.

If we fail as political leaders to solve this national crisis, then we shall blame ourselves if Cameroonians take the law into their hands to solve this problem in their own way.

I am sure that no Cameroonian will want us to experience the sad situation Kenya is going through now.

May God save Cameroon from chaos, anarchy and doom.