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The Constitution and Governance in Cameroon

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The Constitution and Governance in Cameroon The Constitution and Governance in Cameroon This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon’s semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960–1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. Laura-Stella E. Enonchong is a Senior Lecturer at De Montfort University, UK. Routledge Studies on Law in Africa Series Editor: Makau W. Mutua The Constitution and Governance in Cameroon Laura-Stella E. Enonchong The Constitution and Governance in Cameroon Laura-Stella E. Enonchong First published 2021 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2021 Laura-Stella E. Enonchong The right of Laura-Stella E. Enonchong to be identified as author[/s] of this work has been asserted by him/her/them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-1-138-49310-0 (hbk) ISBN: 978-1-351-02886-8 (ebk) Typeset in Baskerville by MPS Limited, Dehradun For Mumsy Etombi Contents List of Abbreviations ix Table of Cases xi Table of Legislation xiv Preface xix Introduction 1 1 A history of the constitution and governance in Cameroon 8 Introduction 8 Part I. Background 8 Part II. Colonial governance and administration 9 Part III. Post-independence constitutional developments 18 Conclusion 27 2 Executive power in the context of semi-presidentialism 36 Introduction 36 Part I. Semi-presidentialism and the structure of the executive 36 Part II. The President 37 Part III. The PM and the government 51 Conclusion 56 3 The electoral system and the legislature 69 Introduction 69 Part I. The electoral system 69 Part II. Election of members of parliament 76 Part III. Structure of the legislature 79 Part IV. Powers and functions of the legislature 84 Part V. Parliamentary accountability 97 Conclusion: democratisation and bicameralism in a one-party dominated state 98 viii Contents 4 The judiciary, judicial independence and power 110 Introduction 110 Part I. Organisation of the judicial system and jurisdiction of the courts 110 Part II. The status and independence of the judiciary 120 Conclusion 136 5 The Constitutional Council and democratic advancement 149 Introduction 149 Part I. Structure and competence of the Constitutional Council 149 Part II. International treaties and the alternative to constitutional review 166 Conclusion 169 6 Managing diversity: the Anglophone struggle for self-determination 178 Introduction 178 Part I. The immediate triggers of the Anglophone crisis in brief 179 Part II. Responses to the Anglophone problem 181 Conclusion 208 7 The protection of human rights and fundamental freedoms 220 Introduction 220 Part I. Overview of constitutional provisions 221 Part II. Enforcement mechanisms 225 Conclusion 236 Conclusion 243 Constitutional engineering 244 Index 247 List of Abbreviations AAC All Anglophone Conference ARCAM Assemblée Représentative du Cameroun ALCAM Assemblée Législative du Cameroun CACSC Cameroon Anglophone Civil Society Consortium CAM Cameroon Anglophone Movement CCLR Cameroon Common Law Report CDU Cameroon Democratic Union CHRC Cameroon Human Rights Commission CMC Cameroon Music Corporation CNU Cameroon National Union CONAC National Anti-Corruption Commission CPDM Cameroon People’s Democratic Movement CWU Cameroon Welfare Union DSC Divisional Supervisory Commissions EI L’exception D’inconstitutionnalité ELECAM Elections Cameroon ENAM National School of Administration and Magistracy ERRC Electoral Register Revision Commission FWCM Free West Cameroon Movement GCE General Certificate of Education HJC Higher Judicial Council HRC United Nations Human Rights Committee ICCPR International Covenant on Civil and Political Rights ICJ International Court of Justice JEUCAFRA Jeunesse Camerounaise Francaise JOO Judicial Organisation Ordinance KNC Kamerun National Congress KNDP Kamerun National Democratic Party LPC Local Polling Commissions MRC Movement for the Renaissance of Cameroon MP Member of Parliament NCFCV National Commission for the Final Counting of Votes NCHRF National Commission on Human Rights and Freedom x List of Abbreviations NEO National Elections Observatory NLC Nigerian Legislative Council NUDP National Union for Democracy and Progress OHADA Organisation for the Harmonisation of Business Law in Africa OMJ Decree Organising the Ministry of Justice PIC Public Independent Conciliator PM Prime Minister QPC Question Prioritaire de Constitutionnalité RA Regional Assembly REC Regional Executive Council SCACUF Southern Cameroons Ambazonia Consortium United Front SCAPO Southern Cameroons Peoples Organisation SCNC Southern Cameroons National Council SCYL Southern Cameroons Youth League SDF Social Democratic Front SDO Senior Divisional Officer SOM Statute of the Magistracy TCCM Technical Committee on Constitutional Matters UC Union Camerounaişe UPC Union des Populations du Cameroun UNHCR United Nations High Commissioner for Refugees VCIDC Voter Card Issuance and Distribution Commission Table of Cases African Commission on Human and Peoples’ Rights Civil Liberties Organization v Nigeria ACHPR Communication No. 129/94 (1995) Katangese Peoples’ Congress v Zaire, Comunication No. 75/92, 1HRL 174(ACHPR 1995) Kevin Mgwanga Gunme and 13 Ors v Cameroon, Communication No. 266/2003 ACHPR (05/2009), Ex.CL/529(XV) Annex 4 Botswana Letsweletse Motshidiemang v Attorney General [2019] MAHGB000591-16(High Court of Botswana at Gaborone) Cameroon Akiangan Fombin Sebastian v Foto Joseph & Others, Suit No. HCK/3/96 of 6 January 2000 (unreported) Albert Chidi v The People, Suit No. LM/98/M/2002 (unreported) Benjamin Itoe v Joseph Ncho, Suite No. BCA/1/81 of 13 July 1981 (unreported) Bonu Innocent v Bakongo Simon (1997) 1 CCLR 142 Cameroon Music Corporation (CMC) v Ministry of Culture, Judgment No. 192/2011/ CS/CA of 7 September 2011 (unreported) D. S. Oyebowale v Company Commander of Gendarmerie for Fako. Suit No. HCF/ 0040/HB/09 (unreported) Eglise Presbytérienne du Cameroun, Ordonnace No. 02/CS/CA of 26 October 1994 (unreported) Eitel Mouelle Kouala v République Fédéral du Cameroun, Arrêt No. 178/CFJ/CAY of 29 March 1972 Etengeneng J. T. v The Governor of South West Province (1998) 1CCLR 9 James v Tchoussongou (2001) 1 CCLR 730 Jesco Manga Williams v Chantier Naval (2005) 2 CCLR 99 Kouang Guillaume v État du Cameroun, Jugement No. 53/CS/CA of 26 June 1980 (unreported) Kouang Guillaum v État du Cameroun, Judgment No. 66 ADD/CS/CA of 31 May 1979 (unreported) Mbarga Symphorien v Etat du Cameroun, Judgment No. 29/CS/CA of 3 May 1990 xii Table of Cases Michel Zouhair Fadoul v Omaïs Kassim et Société Omaïs Selecta Sarl, Arrêt No. 21/ Civ/CS/CJ of 15 July 2010 (ohadata J-12-242) Mvogo Jean-Marie v État du Cameroun, Judgment No. 1203/CS/CA/1999–2000 (unreported) Namondo Makake v Bernard O. Bilai Suit No: HCF/164/IR/04-05 (unreported) Nji Ignatius v The People, HCF/22M/03-04 (unreported) Nve Ndongo v Ngaba Victor, Decision of the Full Bench of the Federal Supreme Court No. 10 of 17 October Senior Divisional Officer (SDO) Oku v Shey Ndifon & Oku Rural Radio Association, Suit No. HCB/05M/2003–2004 (unreported) Social Democratic Front (SDF) v État du Cameroun, Ordonance No. 01/OSE/ CCA/CS/2009 (unreported) Société Forestière de la Sanaga v État du Cameroun, Arrêt No. 5/CFJ/AP of 15 March 1967 (unreported) The People v Nya Henry & 4 Others (2005) 1CCLR, 61 Wakai & 172 Others v The People, 1997, 1CCLR, 127 Walter Numvi, Che Nji & Kongnso Lawrence v The People, Suit No. CANWR/MA/ 3C/2015, SLR 6[2017] 10 Woundjou Samuel v Ministère Public & Kamdem Emillienne, Arrêt No. 102 of 20 November 2014 (unreported) Cameroon – Constitutional Council Decision No. 02/SCCL/G/SG/CC of 12 February 2019 Decision No. 01/SCCL/G/SG/CC of 10 January 2019 Decision No. 30/CE/CC/2018 of 18 October 2018 Decision No. 028/G/SRCER/CC/2018 of 17 October 2018 Decision No. 28/CE/CC/2018 of 16 October 2018 Decision No. 024/CE/CC/2018 of 16 October 2018 Decision No. 001/G/SCT/CC/2018 of 30 July 2018 Decision No. 09/CE/CC/2018 of 3 April 2018 Decision No. 008/CE/CC/2018 of 3 April 2018 Court of Justice of the European Union Case C-509/18 PF (Prosecutor General of Lithuania) Case C-508/18 OG (Public Prosecutor’s office of Lübeck) Case C-82/19 PPU PI (Public Prosecutor’s office of Zwickau) European Court of Human Rights A v United Kingdom (35373/97) (2003) 36 E.H.R.R.
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