law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

Republic of Cameroon Cameroon (; french: Cameroun, ff, Kamerun), officially the Republic of Cameroon (french: République du Cameroun, links=no), is a country in west-central Africa. It is bordered by Nigeria to the west and north; Chad to the northeast; the ...

Article Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: G ...

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the statu ...

federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-govern ...

president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

Paul Biya Paul Biya (born Paul Barthélemy Biya'a bi Mvondo; 13 February 1933) is a Cameroonian politician who has served as the president of Cameroon since 6 November 1982.

Republic of Cameroon Cameroon (; french: Cameroun, ff, Kamerun), officially the Republic of Cameroon (french: République du Cameroun, links=no), is a country in west-central Africa. It is bordered by Nigeria to the west and north; Chad to the northeast; the ...

provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...

line of succession An order of succession or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated such as head of state or an honour such as a title of nobility.Anglophone Cameroonian groups advocating a return to the federal system. It grants greater autonomy to the provinces (renamed ''regions'') and established a Senate as the upper house to the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

. Nevertheless, these provisions are still being agreed on.

The Constitution begins with a preamble that names the Cameroonian people's cultural and linguistic diversity as an integral part of the nation but expresses the desire to form a unitary government. It defines the ideals upon which the nation is built as "fraternity, justice and progress". The preamble asserts that the Cameroonian people shall advance "ever-growing bonds of solidarity among African Peoples" and shall adhere to "the principles enshrined in the

Charter of the United Nations The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...

". The preamble declares that the nation shall use its natural resources to improve the lives of its citizens. The preamble lists several "

inalienable rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' an ...

" granted to all Cameroonian citizens. Among them are the

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, ...

, the

Charter of the United Nations The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...

, and the

African Charter on Human and Peoples' Rights The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. It emerged under ...

. The preamble is the only portion of the Constitution to have remained unchanged since 1960.DeLancey and DeLancey 87. Part One (Articles one–3) gives the name of the country as the Republic of Cameroon and defines the

coat of arms A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its ...

,

motto A motto (derived from the Latin , 'mutter', by way of Italian , 'word' or 'sentence') is a sentence or phrase expressing a belief or purpose, or the general motivation or intention of an individual, family, social group, or organisation. Mot ...

, flag, anthem, and

seal Seal may refer to any of the following: Common uses * Pinniped, a diverse group of semi-aquatic marine mammals, many of which are commonly called seals, particularly: ** Earless seal, or "true seal" ** Fur seal * Seal (emblem), a device to imp ...

. It establishes the nation as a "decentralized unitary State". English and French are designated the

official languages An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...

.

Yaoundé Yaoundé (; , ) is the capital of Cameroon and, with a population of more than 2.8 million, the second-largest city in the country after the port city Douala. It lies in the Centre Region of the nation at an elevation of about 750 metres (2,50 ...

is made the national capital.

Sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...

is placed in the hands of the people, and government authorities are established as being elected by "direct or indirect

universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stan ...

" via secret ballot. The responsibilities of political parties are outlined, and state power is given to the

president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

and the

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

. Part II (Articles 5–13) defines the offices of the president and prime minister. The election of the president, limits of his term, and his constitutional successor are defined. The president is charged with " efiningthe policy of the nation", " nsuringrespect for the Constitution", and " nsuringthe proper functioning of public authorities". The president is named

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...

and head of the armed forces. The president may appoint ambassadors, enact laws, refer matters to the Constitutional Council, appoint civil and military personnel, dissolve the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

, and declare a state of emergency, taking additional powers on a temporary basis. The

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

is named

head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, ...

, with duties to be defined by the president. The powers of government officials are limited. Part III (Article 14–24) establishes and define the

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

and the means of the selection of its members and its operations. The legislature is made up of two houses, the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

, and the Senate. Part IV (Articles 25–36) reserves further rights to the legislature and details how the president and legislature may interact. This includes the ability to grant legislative power to the president under limited circumstances. The section also details the process by which a bill may pass into law. Part V (Articles 37–42) outlines the powers and responsibilities of the judicial branch of government. The section establishes the Supreme Court, courts of appeal, and the

tribunals A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a si ...

, and defines their roles. The president retains the power to appoint the members of the judicial branch of government. Part VI (Articles 43–45) grants the president the ability to "negotiate and ratify treaties and international agreements" and places such treaties over conflicting national law. The Constitutional Council retains the right to examine the Constitutionality of such agreements. Part VII (Articles 46–52) defines the Constitutional Council and its duties to rule on the Constitutionality of laws and to oversee national elections and referendums. Part VIII (Article 53) establishes and defines the Court of Impeachment. Its duties are to try the president, prime minister, or other members of government in the event of their being charged with

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

. Part IX (Article 54) creates the Economic and Security Council. Part X (Articles 55–62) divides the country into 10 semi-autonomous

regions In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...

. These are to be ruled by regional councils with high levels of control over regional "economic, social, health, educational, cultural and sports development". The president may disband any regional council or dismiss its members under certain conditions. The president may create, rename, or redefine regions as he sees fit. Part XI (Articles 63 and 64) define the process by which the Constitution may be amended. Such changes require an absolute majority of members of parliament. Alternatively, the president may submit the amendment to a public referendum, which requires a simple majority to pass. Part XII (Articles 65 and 66) names the preamble "part and parcel of this Constitution" and requires all government officials to "declare their assets and property at the beginning and at the end of their tenure of office." Part XIII (Articles 67–69) declares that the new institutions created by the 1996 Constitution shall be introduced progressively and that the appropriate elements of the previous Constitution shall remain in force until such time as the changes have been made. The National Assembly maintains the functions of the Senate, the Supreme Court maintains the functions of the Constitutional Council, and the provinces remain in effect until the regions are set up. Legislation enacted prior to the new Constitution remains effective until replaced by subsequent legislation.

Development

Constitution of 1960

In 1959,

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...

agreed to grant

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the statu ...

to its Cameroun colony and set a date of 1 January 1960 as the date the new nation would come into being. The original Constitution was hurriedly drafted in 1959 to meet this deadline. The framers based many provisions, such as those outlining the powers of the

president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

, on French models. The Constitution went into effect on 1 January 1960. Under it, Cameroon was defined as a

unitary state A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only ...

with a one-house

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

, whose members were directly elected under

universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stan ...

.DeLancey and DeLancey 86.

Constitution of the Federal Republic of Cameroon

When British Southern Cameroons voted to join with French Cameroun 21 months later, delegates of both the Francophone and Anglophone portions of the country drafted a new Constitution at the Foumban Conference. Cameroon was made a

federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-govern ...

, with East Cameroon and West Cameroon as its constituent states. The nation changed its name to the Federal Republic of Cameroon. Each state had its own

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

and legislature; in East Cameroon, the legislature was unicameral, but in West Cameroon, the West Cameroon House of Chiefs was added.DeLancey and DeLancey 84. The Constitution established a powerful federal government. The president presided over the union, served by his

Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...

, cabinet, and a 50-member federal legislature. The new document went into force on 1 October 1961. In 1969, the Constitution was amended to "prolong the life of the federal assembly" and to alter the selection process for the prime ministers of the states. For many years, the vice-president and the prime minister of West Cameroon were the same person, but in 1970, another amendment stipulated that the vice president could not hold any other government office.

Constitution of the United Republic of Cameroon

In 1972, a new Constitution was drafted. The document abolished the federal system and placed broad political power in the position of the president. The name of the country was changed to the United Republic of Cameroon. The previous legislative system was replaced by a unicameral

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

of 120 seats. The speaker of the National Assembly was established as the successor to the president. Nevertheless, the body held little real power. The new document was put to a popular referendum and approved on 20 May 1972. On 2 June 1972, President Ahmadou Ahidjo issued Decree 72-270, bringing the new document into law. On 9 May 1975, an amendment established the position of

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

. On 29 June 1979, an amendment established the prime minister as the presidential successor. Under this law,

Paul Biya Paul Biya (born Paul Barthélemy Biya'a bi Mvondo; 13 February 1933) is a Cameroonian politician who has served as the president of Cameroon since 6 November 1982.

replaced Ahmadou Ahidjo as president of Cameroon in November 1982.

Constitution of the Republic of Cameroon of 1984

Biya and Ahidjo feuded behind the scenes over who would maintain political power in Cameroon. After winning the battle, Biya pushed through a new Constitution in 1984. The document primarily altered Articles 1, 5, and 7 of the previous Constitution. Article 1 renamed the country the Republic of Cameroon. Article 5 did away with the post of prime minister. Article 7 established the speaker of the National Assembly as the presidential successor, but it stipulated that any member of government could receive presidential powers in the event of an emergency. This successor or interim president was forbidden to make or change laws or the structure of government, to alter the Constitution, or to participate in the presidential election.

Constitution of the Republic of Cameroon of 1996

With the liberalisation of Cameroonian politics in the 1990s, pressure groups from the Anglophone region demanded changes to Cameroon's government, preferring a return to the federal system of government. Paul Biya responded to the pressure, and on 18 January 1996, Law Number 96/06 enacted a new Constitution in Cameroon. The main changes came in Article 14, which established a Senate as the upper house of legislature, and Article 6, which extended the president's

term limit A term limit is a legal restriction that limits the number of terms an officeholder may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method of curbing the potenti ...

to 7 years, and which placed the president of the Senate or vice-president as the president's successor. The Constitution replaces the

provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...

with semi-autonomous regions.

Modifications to the Constitution of the Republic of Cameroon in 2008

On 10 April 2008, the National Assembly overwhelmingly passed a bill to amend Law 96/06 to change the Constitution to provide the president with immunity from prosecution for acts as president and to allow the chief executive to run for unlimited re-elections, along with a number of other changes. The vote took place after the opposition Social Democratic Front (SDF) representatives walked out of the assembly, and just one month after the

2008 Cameroonian anti-government protests The 2008 Cameroon protests were a series of violent demonstrations in Cameroon's biggest cities that took place from 25 to 29 February 2008. The protests followed on the heels of a strike by transport workers, who were opposing high fuel prices a ...

, widespread violence that resulted in dozens of deaths and hundreds of arrests of demonstrators protesting price rises and the proposed constitutional changes. There was limited public discussion of the changes leading up to the vote, with declarations by SDF leader

John Fru Ndi John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second ...

reportedly prohibited in the national press and television by Alain Belibi Director of Information at the CRTV.Cameroon: Fru Ndi's Ideas On Constitutional Amendment Banned On CRTV
/ref> A song titled "50 years in power" by popular Cameroon singer Longuè Longuè was also reportedly banned by the Director of Programmes at the CRTV, Celestin Boten, and one journalist who had played the song, Billy Karson, was suspended and banned from air. Another artist Lapiro De Mbanga, who had composed a song titled " Constitution constipée" ("Constipated Constitution") was arrested, and painter Joe La Conscience ( Joe De Vinci Kameni), who had attempted to walk from Loum to

Yaoundé Yaoundé (; , ) is the capital of Cameroon and, with a population of more than 2.8 million, the second-largest city in the country after the port city Douala. It lies in the Centre Region of the nation at an elevation of about 750 metres (2,50 ...

to give a petition of 100 signatures to Cameroon President

Paul Biya Paul Biya (born Paul Barthélemy Biya'a bi Mvondo; 13 February 1933) is a Cameroonian politician who has served as the president of Cameroon since 6 November 1982.

against the constitutional changes, was sentenced to six months in prison. He and a colleague were arrested after initiating a hunger strike for having held a prohibited meeting, the meeting reportedly consisted of two individuals in his private residence at Tsinga. The proposed changes were published in the national newspaper, the '' Cameroon Tribune'', on 7 April 2008, however the changes listed did not include proposed changes to Article 53 paragraphs 3 and 5, the paragraphs according immunity to the president. Five members of parliament voted against the bill. Opposition lawmakers and at least one member of the ruling Cameroon People's Democratic Movement (CPDM),

Paul Abine Ayah Paul Abine Ayah was a member of the National Assembly of Cameroon and a member of the ruling Cameroon People's Democratic Movement. Until recently, he joined the Opposition Party called the Peoples Action Party (PAP). In August 2007 he was elected ...

, member for Akwaya, criticised the bill as a setback for democracy and the country in general. Following the vote it was revealed that Ayah, who had indicated he would vote against the bill, was absent during the vote, and despite having established no

procuration Procuration () is the action of taking care of, hence management, stewardship, agency. The word is applied to the authority or power delegated to a procurator, or agent, as well as to the exercise of such authority expressed frequently by procurat ...

, a supportive ballot was cast in his name by fellow CPDM MP Monjowa Lifaka Emilia, member for Fako West. The Presidential Delegate Minister to the National Assembly, Gregoire Owona, reportedly indicated on the Cameroon state-owned national radio station, CRTV, that he had seen a procuration signed by Paul Abine Ayah, however Ayah insisted that he had not signed a procuration for the period of the constitutional law vote but only for the period 28 March 2008 to 31 March 2008. On 17 April 2008 the daily newspaper '' Quotidien Mutations'' published what was purported to be a procuration signed by Abine Ayah for the period of the vote.https://web.archive.org/web/20081206004432/http://www.quotidienmutations.info/mutations/images/Procuration.gifPolémique. : Qui a signé " la Procuration " de Ayah Paul ? Jean Francis Belibi
. 17 April 2008. Quotidien Mutations, Yaoundé However, Abine Ayah continued to deny having signed a procuration and insisted the published document was a fake.

Notes

References

* ''Constitution of the Republic of Cameroon''
English
an

versions). 18 January 1996. Accessed 4 January 2007. * DeLancey, Mark W., and Mark Dike DeLancey (2000): ''Historical Dictionary of the Republic of Cameroon'' (3rd ed.). Lanham, Maryland: The Scarecrow Press. * ''CameroonConstitution.com''
CameroonConstitution.com
: Portail Internet dedie a la Constitution du Cameroon dans un contexte de Revision {{Constitutions of Africa Law of Cameroon

Cameroon Cameroon (; french: Cameroun, ff, Kamerun), officially the Republic of Cameroon (french: République du Cameroun, links=no), is a country in west-central Africa. It is bordered by Nigeria to the west and north; Chad to the northeast; the C ...

Government of Cameroon

Contents

Development

Constitution of 1960

Constitution of the Federal Republic of Cameroon

Constitution of the United Republic of Cameroon

Constitution of the Republic of Cameroon of 1984

Constitution of the Republic of Cameroon of 1996

Modifications to the Constitution of the Republic of Cameroon in 2008

Notes

References