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2007 Assessment

Cameroon: Integrity Indicators Scorecard

Cameroon: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators   Score
23 In law, can citizens sue the government for infringement of their civil rights? 100
24 Can the chief executive be held accountable for his/her actions? 63
25 Is the executive leadership subject to criminal proceedings? 100
26 Are there regulations governing conflicts of interest by the executive branch? 25
27 Can citizens access the asset disclosure records of the heads of state and government? 0
28 In practice, official government functions are kept separate and distinct from the functions of the ruling political party. 0

Indicator and sub-Indicator Details

23 In law, can citizens sue the government for infringement of their civil rights?
 
  23: In law, can citizens sue the government for infringement of their civil rights?
 
Score: YES  NO score
  Comments:

References: In accordance with the preamble to the Constitution of January 18, 1996.

24 Can the chief executive be held accountable for his/her actions?
 
  24a: In practice, the chief executive gives reasons for his/her policy decisions.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Luc Sindjoun, Cameroun : le système politique face aux enjeux de la transition démocratique (1990-1993), in Afrique politique, N° 1994. - Marcelin Nguele Abada, Ruptures et continuités constitutionnelles en République du Cameroun : réflexions à propos de la réforme constitutionnelle du 18 janvier 1996, in RJPIC, Vol. 50, N° 3. 1996/09.

Peer Review Comments: The occasions are very rare when reasons are given for decisions.

Peer Review Comments: Dans la plupart de cas, le premier ministre, qui est chef du gouvernement, privilégie la presse gouvernementale ou internationale dans ses actions de communication. Il en est de même pour les rares sorties médiatiques du chef de l'Etat.

  24b: In law, the judiciary can review the actions of the executive.
 
Score: YES  NO score
  Comments:

References: In accordance with Article 37 (3) of the Constitution of January 18, 1996, the President of the Republic guarantees the independence of the judiciary (www.prc.cm). The Administrative Chamber of the Supreme Court in Cameroon is the only jurisdiction able to hear disputes in which the state is involved, including the executive.

Peer Review Comments: The administrative branch of the Supreme Court can do so, and there is a procedure for that.

Peer Review Comments: D'après l'article 37, alinéa 2 de la Constitution, le pouvoir judiciaire est indépendant du pouvoir exécutif et du pouvoir législatif. Autrement dit, les magistrats ne relèvent que de la loi et de leur conscience. Le président de la République est garant de l'indépendance du pouvoir judiciaire (article 37, alinéa 3 de la Constitution).

  24c: In practice, when necessary, the judiciary reviews the actions of the executive.
 
Score: 100  75  50  25  0  score
  Comments: The judicial power is supposed to ensure the control of the legality of the acts coming from the executive power. But this control is not always guaranteed because the magistrates are not independ in front of political authorities. Their interpretation of the law is for that variable according to cases

References: - Luc Sindjoun, "La Cour suprême, la compétition électorale et la continuité politique au Cameroun : la construction de la démocratie passive", in Africa Development, Vol. 19. N° 2. 1994 -Valentin Siméon Zinga, "Cameroun francophone : Le pouvoir judiciaire n'est qu'un mot", in ANB-BIA Supplement, Issue/Edition Nr 337, octobre 1997 ([ LINK ])

Peer Review Comments: The judiciary has never done so on its own initiative.

  24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Luc Sindjoun, "Le Président de la République au Cameroun, 1982-1996 : les acteurs et leur rôle dans le jeu politique," Talence, Cean, 1996. - Pierre-Fabien Nkot, "les usages politiques du droit en Afrique : le cas du Cameroun," Bruxelles, Bruylant, 2006.

Peer Review Comments: He instead accumulates power on every occasion he finds.

25 Is the executive leadership subject to criminal proceedings?
 
  25a: In law, the heads of state and government can be prosecuted for crimes they commit.
 
Score: YES  NO score
  Comments:

References: In accordance with Article 53 (1) of the Consitution of January 18, 1996, the High Court of Justice is qualified to consider the acts achieved in the performance of their duties by:

- the president of the republic in the event of high treason;

- the Prime Minister, other members of the government and assimilated, high persons in charge of the administration having received delegation of powers (www.prc.cm).

  25b: In law, ministerial-level officials can be prosecuted for crimes they commit.
 
Score: YES  NO score
  Comments:

References: In accordance with Article 53 (1) of the Consitution of January 18, 1996, High the Court of Justice is qualified to consider the acts achieved in the performance of their duties by:

- The Prime Minister, other members of the government and assimilated, high persons in charge for the administration having received delegation of powers.

26 Are there regulations governing conflicts of interest by the executive branch?
 
  26a: In law, the heads of state and government are required to file a regular asset disclosure form.
 
Score: YES  NO score
  Comments:

References: In accordance with Article 66 of the Constitution of January 18, 1996, The president of the republic, the prime minister, members of government and persons ranking as such, the president and members of the Bureau of the National Assembly, the president and Members of the Bureau of the Senate, members of parliament, senators, all holders of an elective office, secretaries-general of ministries and persons ranking as such, directors of the Central Administration, general managers of public and semi-public enterprises, judicial and legal officers, administrative personnel in charge of the tax base, collection and handling of public funds, all managers of public votes and property, shall declare their assets and property at the beginning and at the end of their tenure in office.

Peer Review Comments: An application law has never been put in place as required, so the main law setting out the principle is useless.

Peer Review Comments: Article 66 of the Constitution is rather a framework from which specific laws can be voted to implement some aspects. Last year (April 2006), after several years of advocacy by the National Chapter of Transparency International, the MP adopted a law on the declaration of assets based on article 66 of the Constitution (dated 1996). But that law has not yet entered into power, because the head of state has to sign a decree to fix up the conditions of its application, as the rule says.

  26b: In law, ministerial-level officials are required to file a regular asset disclosure form.
 
Score: YES  NO score
  Comments:

References: In accordance with Article 66 of the Constitution of January 18, 1996, The president of the republic, the prime minister, members of government and persons ranking as such, the president and members of the Bureau of the National Assembly, the president and Members of the Bureau of the Senate, members of parliament, senators, all holders of an elective office, secretaries-general of ministries and persons ranking as such, directors of the Central Administration, general managers of public and semi-public enterprises, judicial and legal officers, administrative personnel in charge of the tax base, collection and handling of public funds, all managers of public votes and property, shall declare their assets and property at the beginning and at the end of their tenure in office.

Peer Review Comments: The legal framework is not complete as required by the constitution.

Peer Review Comments: Article 66 of the Constitution is rather a framework from which specific laws can be voted to implement some aspects. Last year (April 2006), after several years of advocacy by the National Chapter of Transparency International, the MP adopted a law on the declaration of assets based on article 66 of the Constitution (dated 1996). But that law has not yet entered into power, because the head of state has to sign a decree to fix up the conditions of its application, as the rule says.

  26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.
 
Score: YES  NO score
  Comments:

References: In accordance with Article 66 of the Constitution of January 18, 1996, The president of the republic, the prime minister, members of government and persons ranking as such, the president and members of the Bureau of the National Assembly, the president and Members of the Bureau of the Senate, members of parliament, senators, all holders of an elective office, secretaries-general of ministries and persons ranking as such, directors of the Central Administration, general managers of public and semi-public enterprises, judicial and legal officers, administrative personnel in charge of the tax base, collection and handling of public funds, all managers of public votes and property, shall declare their assets and property at the beginning and at the end of their tenure in office.

The other categories of persons to whom the provisions of this article shall apply and the conditions of implementation thereof shall be determined by law.

There are no provisions regulating gifts and hospitality, however.

Peer Review Comments: There is no such law.

Peer Review Comments: The Constitution is a framework. There is no specific law regulating this aspect. That is why this is not implemented in practice.

  26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).
 
Score: YES  NO score
  Comments:

References: In accordance with Article 66 of the Constitution of January 18, 1996, The president of the republic, the prime minister, members of government and persons ranking as such, the president and members of the Bureau of the National Assembly, the president and Members of the Bureau of the Senate, members of parliament, senators, all holders of an elective office, secretaries-general of ministries and persons ranking as such, directors of the Central Administration, general managers of public and semi-public enterprises, judicial and legal officers, administrative personnel in charge of the tax base, collection and handling of public funds, all managers of public votes and property, shall declare their assets and property at the beginning and at the end of their tenure in office.

The other categories of persons to whom the provisions of this article shall apply and the conditions of implementation thereof shall be determined by law.

No auditing requirements are codified in law.

Peer Review Comments: This has never happened in the case of the president or the prime minister.

  26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.
 
Score: YES  NO score
  Comments:

References: In accordance with Article 7 (4) of the Constitution of January 18, 1996, the office of President of the Republic shall be incompatible with any other elective public office or professional activity.

Peer Review Comments: Cameroonian heads of state and ministers are not bound by any restriction from engaging in corporate activity once they have left office.

Peer Review Comments: The law is not yet implemented.

  26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Interview, Robert Messi Messi (former General Manager, former Cameroonian Bank Company, in exile), "Le Cameroun n'est pas devenu un PPTE par hasard," by Celestin Monga, in Jeune Afrique Economie, No 155, May 1992. - Alex Gustave Azebaze, "Affaires et politique: La Cbc, Victor Fotso et Paul Biya," in Le Messager, 25 December 2003 (www.lemessager.net).

Peer Review Comments: There is no such regulation.

Peer Review Comments: Pour contourner la loi, certains ministres opèrent sous de prête noms. Ils peuvent ainsi gagner des marchés publics avec des sociétés qui, officiellement, appartiennent à leurs proches, mais dont ils sont les vrais patrons.

Peer Review Comments: Most of the time, they go into consultancy.

  26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Magloire Ondoa, "La dé-présidentialisation du régime politique camerounais," in Solon, Revue camerounaise de parlementarisme et de démocratie, volume II, N° 1, 2003. - Milton Krieger, Cameroon's democratic crossroads, 1990-1994/Le Cameroun à la croisée des chemins démocratiques, 1990-1994, The Journal of Modern African Studies, Vol. 32. N° 4. 1994/12.

Peer Review Comments: Most of the time, they behave like almighty people who deserve all the gifts they receive. They do not even declare them.

  26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Léger Ntiga, "Affaire Mounchipou : les plaidoiries souvrent enfin," in Mutations, 30 September 2003 (www.lequotidienmutations.net). - Christian Lang, "Siyam Siwé au Sed...," in Le Messager, 27 February 2007 (www.lemessager.net).

Peer Review Comments: The law exists but has never been applied, so auditing cannot be carried out for executive branch members who did not disclose their assets when they came to office.

Peer Review Comments: Article 66 of the Constitution is rather a framework from which specific laws can be voted to implement some aspects. Last year (April 2006), after several years of advocacy by the National Chapter of Transparency International, the MP adopted a law on the declaration of assets based on article 66 of the Constitution (dated 1996). But that law has not yet entered into power, because the head of state has to sign a decree to fix up the conditions of its application, as the rule says.

27 Can citizens access the asset disclosure records of the heads of state and government?
 
  27a: In law, citizens can access the asset disclosure records of the heads of state and government.
 
Score: YES  NO score
  Comments:

References: - Luc Sindjoun, "Le Président de la République au Cameroun, 1982-1996 : les acteurs et leur rôle dans le jeu politique", Talence, Cean, 1996 - Marcelin Nguele Abada, "Ruptures et continuités constitutionnelles en République du Cameroun : réflexions à propos de la réforme constitutionnelle du 18 janvier 1996", in RJPIC, Vol. 50, N° 3. 1996/09

  27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Marcelin Nguélé Abada, "Etat de droit et libertés fondamentales au Cameroun," in RJPIC, N° 3. 1995. - Luc Sindjoun, "Le Président de la République au Cameroun, 1982-1996 : les acteurs et leur rôle dans le jeu politique," Talence, Cean, 1996.

Peer Review Comments: Asset disclosure is a provision of the constitution that has never been applied, so asset disclosure records do not exist and can therefore not be assessed by citizens.

Peer Review Comments: There is no constraint applicable to them, so, usually, no record is available.

  27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Norbert N. Ouendji, "Médias et pouvoir politique au Cameroun - Les journalistes face à la santé présidentielle", Editions Les Belles Pages, Marseille, 2006 - Michel Banock, "Le processus de démocratisation en Afrique : le cas camerounais", Paris, L'Harmattan, 1993

28 In practice, official government functions are kept separate and distinct from the functions of the ruling political party.
 
  28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Manassé Aboya Endong, "La démocratie interne dans les partis politiques au Cameroun : le cas du RDPC," in Solon, revue africaine de parlementarisme et de démocratie, volume II, N° 1, 2003. - Abel Eyinga, "Introduction à la politique camerounaise," Paris, Anthropos, 1978. - Jean-François Bayart, "L'Etat au Cameroun," Paris, FNSP, 1985.

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