Jonah Patel
Cameroon's constitution has undergone several changes since the country gained independence from France in 1960. The country's first constitution was drafted in 1959, and it went into effect on January 1, 1960. This constitution was based on French precedents and models. Since then, Cameroon has had several constitutions, with the current one being adopted in 1996. This constitution, which replaced the 1972 constitution, provided for the establishment of a bicameral legislature and, to a minor extent, decentralized the government. The 1996 constitution is considered a cornerstone of local public administration in Cameroon, with provisions dedicated to decentralized organs and regional authorities.
| Characteristics | Values |
|---|---|
| Year of Constitution | 1972 (revised in 2008) |
| Country Name | Republic of Cameroon |
| Official Languages | English and French |
| Capital | Yaoundé |
| Government | Decentralized unitary state |
| Legislative Power | Full power held by National Assembly until the Senate is set up |
| Judicial Power | Supreme Court performs duties of the Constitutional Court until it is set up |
| Executive Powers | President of the Republic |
| Electoral Process | President is elected to a seven-year term by direct universal suffrage |
| Constitutional Amendments | Proposed by President of the Republic or Parliament and adopted by an absolute majority of Members of Parliament |
| Regional Organization | Divided into 10 régions, previously 10 provinces |
| Regional Administration | Councils composed of indirectly elected members and representatives of traditional leaders |
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What You'll Learn
The 1996 Constitution as a founding stone
The 1996 Constitution of Cameroon is considered the cornerstone of the country's decentralisation process. It was adopted in response to pressure from Anglophone Cameroonian groups advocating a return to the federal system. This new constitution replaced the centralised government model established by the 1972 Constitution.
The 1996 Constitution made provisions for the creation of "Regional Authorities", which were to be administered by "Regional" and "Local Councils" with administrative and financial autonomy in areas such as economic, social, health, educational, and cultural development. This marked a significant shift towards greater local autonomy and empowered regional and local authorities to foster local development with the active involvement of the population.
The 1996 Constitution also provided for the establishment of a bicameral legislature, with the creation of a Senate as the upper house to the existing National Assembly. However, it is important to note that while the constitution called for these changes, there were delays in implementing them fully. For example, the regional councils were not in place when the "régions" were introduced in 2008, and more than a decade later, they had still not been fully implemented.
The 1996 Constitution's recognition of the need for decentralised territorial authorities marked a significant step forward in Cameroon's political landscape. This move towards decentralisation was further reinforced by the creation of the Ministry of Decentralisation and Local Development in 2018 and the promulgation of Law No. 2019/024 on the General Code of Decentralised Territorial Authorities in 2019. These actions demonstrated the government's commitment to completing the decentralisation process and addressing the demands of various stakeholders.
In conclusion, the 1996 Constitution of Cameroon laid the foundation for the country's decentralisation process by providing for the establishment of regional authorities and councils with greater autonomy. While there were challenges and delays in fully implementing these changes, the constitution set in motion a process that sought to empower local communities and foster local development through decentralisation.
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The 2004 Bill on the orientation of the decentralization process
The 1996 Constitution of Cameroon, revised in 2008, provided for the establishment of a bicameral legislature and, to a minor extent, decentralized the government. The 1996 Constitution replaced the 1972 Constitution, which had established a centralized government.
- Enabling local populations to actively participate in defining and managing the affairs of their regional and local authorities.
- Promoting harmonious development among regional and local authorities, based on national solidarity, regional potential, and inter-regional balance.
- Ensuring Cameroon's alignment with constitutional and international standards regarding decentralization.
The 2004 Bill was part of a series of laws passed during the 2002-2012 period to lay the foundation for effective decentralization in Cameroon. These laws included:
- Law No. 2004/017 of July 22, 2004, on the orientation of decentralization, which defined decentralization as the transfer of specific powers and resources from the state to regional and local authorities.
- Law on the rules applicable to communes.
- Law on the rules applicable to regions.
The 2004 Bill and subsequent laws marked a shift from an authoritarian conception to a more democratic and dynamic conception of territorial decentralization in Cameroon. The government opted for a gradual implementation of decentralization, starting with existing city, subdivisional, and council structures. The process was accelerated following the Anglophone crisis that began in 2016, with the creation of the Ministry of Decentralization and Local Development in 2018, and the promulgation of Law No. 2019/024 on the General Code of Regional and Local Authorities in 2019.
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The 2019 Law on the General Code of Regional and Local Authorities
Cameroon's constitution has undergone several revisions since the country's independence. The 1972 Constitution, revised in 2008, established Cameroon as a decentralized unitary state, guaranteeing equality for all citizens and recognizing the official languages as English and French. This constitution also outlines the powers of the President of the Republic, including their role as the head of the armed forces and the representative of the state in all acts of public life.
While the 1996 constitutional revision addressed popular demands for decentralization, it did not fully realize this goal. The 2019 Law on the General Code of Regional and Local Authorities, also known as Law No. 2019/024 of December 24, 2019, was enacted to further the decentralization process. This law was preceded by the creation of the Ministry of Decentralization and Local Development in 2018 and followed by the organization of elections for regional councilors in 2020.
One of the main innovations of this law is the creation of the Region as a decentralized territorial authority. This innovation aligns with the concept that "indivisibility does not in any way prevent decentralization," as stated by one author. The law seeks to strike a balance between the indivisibility of the Republic and the existence of decentralized regions, ensuring that lower-level governments derive their powers from the state while allowing for the management of their own interests.
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The role of regional councils
The Constitution of Cameroon 1972 (revised in 2008) states that the Republic of Cameroon shall be a "decentralized unitary state". It shall be "one and indivisible, secular, democratic and dedicated to social service". The 1996 constitutional revision addressed the popular demand for decentralization of the government, which was the reason for provinces being replaced by régions in 2008. The régions were supposed to be administered by regional councils composed of indirectly elected members and representatives of traditional leaders.
The regional councils are the governing bodies of the régions of Cameroon. The constitution of Cameroon defines the powers of these councils, which include control of cultural, economic, educational, health-related, social, and sport-related issues in the régions. The members of each council are delegates indirectly elected by the populace and traditional rulers selected by their peers. Each council is headed by a president, who is elected by the members from among themselves. Members serve five-year terms. Each council is advised by members of parliament from the area and by a governor appointed by the president of Cameroon. This individual acts as the personal representative of the president and wields considerable power. The president of Cameroon reserves the right to disband any regional council he chooses.
The regional councils were created by Cameroon's constitution of 1996 in response to agitation for a return to a federal system of government or increased decentralization. The close link between democracy and security has been widely demonstrated in a recent study, in 2015, on the perception and representation of the state/region relationship. This study, conducted by the Paul Ango Ela Foundation, aimed to make the complexity of the new challenges of the decentralization process in Cameroon intelligible.
The Ministry of Decentralization and Local Development was created in 2018, and Law No. 2019/024 of 24 December 2019, on the General Code of Decentralized Territorial Authorities, was promulgated. The organization of elections for regional councilors took place on 6 December 2020, reflecting the government's desire to complete the decentralization process inaugurated with the constitutional revision of 1996.
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The relationship between democracy and security
Cameroon's constitutional history has been marked by efforts to balance centralized governance with regional autonomy. The 1961 constitution linked West and East Cameroon into a federation, but the 1972 constitution, revised in 2008, replaced this with a centralized government. This revision also removed presidential term limits and granted immunity to the president for official acts. However, the 1996 constitutional revision, enacted in 2008, addressed calls for decentralization by introducing "régions" to be administered by councils, although the implementation faced significant delays. The 1996 revision also established a bicameral legislature, with the second body being created in 2013.
The close link between democracy and security is evident in Cameroon's context. The decentralization process, aimed at addressing the Anglophone crisis, has been complex, with a resurgence of community tensions and a slow implementation of legal and judicial mechanisms. The dynamics of state-building are influenced by the interplay between the democratization process and security concerns.
Democracy and security are integral to each other. Security challenges can threaten democratic values and institutions, while weak democracies can struggle to effectively address security issues. Democracies respond to threats through various mechanisms and policies, balancing security needs with democratic values. For instance, in peacekeeping or post-conflict settings, the UN supports democratic processes by assisting in election security and promoting participation. The UN's Human Rights Council also works to strengthen democracies and promote human rights, recognizing the interdependence of these two ideals.
In summary, the relationship between democracy and security is complex and multifaceted, with security being essential to the protection of democratic values and human rights. Cameroon's experience with decentralization illustrates the challenges and tensions that can arise during democratic and security reforms. The close link between democracy and security is a recognized field of study, with ongoing exploration of the mechanisms and policies employed by democracies to address security concerns while upholding democratic ideals.
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Frequently asked questions
The Constitution of Cameroon that made provision for decentralization was the 1996 Constitution, enacted in response to pressure from Anglophone Cameroonian groups advocating a return to the federal system.
The 1996 Constitution provided for the creation of "Regional authorities", to be set up through bodies such as "Regional" and "Local Councils" with "administrative and financial autonomy" related to "economic, social, health, educational and cultural development".
The 1996 Constitution was enacted in the context of the Anglophone crisis, with the aim of ending the conflict by addressing demands for greater decentralization and a return to the federal system.
The 1996 Constitution granted greater autonomy to the provinces (renamed regions) and established a bicameral legislature, with a Senate as the upper house to the National Assembly.
