By A SPECIAL STATUS WORK GROUP*
Background:
One of the recommendations from the just-ended Major National Dialogue is the need for a Special Status for the Northwest and Southwest Regions resting its applicability on Article 62(2) of the 1996 Constitution, which states: “Without prejudice … the law may take into consideration the specificities of certain Regions with regard to their organization and functioning.”
Following the Major National Dialogue, a group of Cameroonians from the two Regions came together to proactively come up with a blue print for this proposed special status.
Recognition of the political, economic and cultural specificities of the English-speaking parts of Cameroon and a reflection of this in the lives of citizens of the Northwest and Southwest Regions continue to underlie the ongoing crisis in the two regions. There have been multiple and unsuccessful efforts over the last three decades – the All Anglophone Conferences, the Anglophone General Conference, etc. – to focus government and national attention on the issues and the complains of marginalization and economic abandon. Inaction ultimately resulted in the crisis that has the two regions in the grip of violence and economic stagnation.
The Major National Dialogue is the government’s first major attempt to engage in discussions that seek to bring peace and a return to economic activity in the area. The most important recommendation coming out of the MND in this regard is to effectively legislate a solution that recognizes the Special Status of the two regions. This will be done on the basis of the constitutional provision that allows the state to legally recognize the specificities of any parts of the national territory. It may be important to point out that the notion of “special status” is not specific to Cameroon or new to constitutional law. The experiences of Quebec in Canada, HongKong in China and Northern Island in the United Kingdom provide lessons that could be drawn upon in designing a similar constitutional arrangement for Cameroon.
Article 56 of the constitution states that: “the State shall transfer to Regions, under conditions laid down by law, jurisdiction in areas necessary for their economic, social, health, educational, cultural and sports development.” With the current resolve to end the ongoing crisis plaguing the North West and South West, transferring more powers to the people of the affected Regions is simply the right thing to do at this time.
In line with the constitution which allows for Regionalism of the 10 provinces, the Northwest and Southwest will be considered, beyond the devolution of administrative authority that comes with decentralization, as two separate and distinct autonomous Regions within the special status regime. Each Region will determine its health, education, economic, social, cultural and environmental policies.
The following have been recommended as content for the Special Status:
1. The Regional House of Assembly
The House of Assembly will be the legislative body of the “Special Status” Region, deriving its powers directly from the people. It shall be comprised of representatives from all counties/divisions within the current Northwest and Southwest Regions. Each of the 2 regions will have its House of Assembly. All laws passed by both Regional Houses of Assembly take immediate effect after the (Elected) Regional Governor signs the bill. There will be no ratification by National Parliament except as concerns those laws with specific application to border security, international relations and monetary policy.
Concerned citizens may constitute themselves and pursuant to a signature of at least 10,000 tax-paying citizens, table a motion for consideration by the Regional Houses of Assembly.
2. The House of Chiefs
This institution will act as an advisory body to the House of Assembly like it did previously before reunification, with no legislative or veto power, as captured below:
The function of the House would be to consider and by resolution to advise on any matter referred to by the [Governor] or on any question or matter introduced by a member. The House would consider proposed (legislation) and important matters of police and its resolutions would be laid on the table of the House of Assembly when it would be open to the Government or any member to take them up. Extracts from the Report by the Nigerian Constitutional Conference (64e) File La (1957) S89, Vol. 1, BA
Queen mothers and other female traditional royalty shall be eligible to sit in the House of Chiefs. Each of the 2 regions will have its House of Chiefs.
3. An Elected Governor.
The elected President of the Regional Council will serve as Governor. He/She will be the Regional Chief Executive. He/She will be assisted by a Lieutenant Governor who will also be elected. Each Region will have an elected Governor and a Lieutenant Governor.
4. Government Official/Liaison to the “Special Status” Regions:
The President of the Republic shall appoint a person as his/her representative to the region, with offices within or without the Governor’s office, with the duty of observing and reporting to the President on matters of national interest within the region. This Liaison Officer shall be a Special Technical Adviser on areas of national domain like the borders, ports, parastatal corporations and national security. The Liaison will focus on the administration of national matters, as opposed to issues relating directly to the Region and shall not be above the elected Governor and Lieutenant Governor. Each Special Status Region shall have a Liaison officer appointed.
5. Judicial System:
A mix of inherited Common Law, Customary Law and an injection of modern law will form the exclusive judicial system of the Special Status Regions. The Regional Common Law Bar Association shall recruit legal candidates who understand and excel in Common Law to serve the Judicial System. The Judicial System shall recruit to serve as judges within the Regional courts, legal professionals who have practiced Common Law.
We also believe our Traditional rulers can serve as the first line of a functional local judiciary through the Customary Courts. Judges may refer cases brought to their benches to a local traditional ruler or customary court for mediation by persons duly trained and accredited to mediate the issues. If such mediation does not resolve the issue, the parties can then bring back the dispute before the judge.
Empowering the Traditional rulers through Customary Courts will solve two issues: providing revenue to our Traditional rulers to remain financially viable while successfully handling community disputes, and at the same time getting them to remain apolitical.
6. Revenue sharing
The National Government and the Regional Administrations shall agree on a formula for revenue sharing as pertains to revenue from natural resources present within the Special Status Region, with a minimum percentage staying within the Region, and a commitment by the National Government for a minimum percentage of the national budget to be guaranteed for the region. There will also be an agreement on a minimum amount of revenue to be retained or redistributed to the Region from all parastatal corporations based in the Region. Revenue sharing will be applicable exclusively to natural resources, extractive industries and revenue from parastatals. Property and other local taxes shall remain with the Local Government and shall be used locally.
The Governors, his/her cabinet, the Mayors, and representatives from the House of Chiefs, the Regional Assembly, and the Government liaison form an Executive Council which oversees appointments to public companies in the Special Status Regions. This Executive Council could also serve in the capacity of an advisory and consent organ. This Executive Council will be engaged in negotiating revenue sharing with the National Government.
7. Representation in the National Government, Executive and Judiciary.
At least 10 Senators should be exclusively reserved for Anglophone Senators irrespective of those who run for election on a political party banner. This means that 10 out of the 30 members of Senate appointed by the Head of State should come from the North West and South West Regions.
At the National Assembly, a proportionate number of seats, based on the most recent internationally recognized census results, should be reserved exclusively for the Special Status Regions, irrespective of political affiliation.
The National Government will ensure quotas for citizens of the Special Status Regions so that they can be adequately represented in the Judiciary, Legislative and Executive branches of government.
8.Change in the country’s name
The country’s name should be changed from The Republic of Cameroon to the United Republic of Cameroon. There is no better moment in our history than now to rename our country with words that accurately capture our vision and desire to remain one and indivisible. A United Republic of Cameroon captures it perfectly.
9. ENAM, CUSS, ECOLE DES POSTES, IRIC and similar public institutions
Graduating from these faculties will not automatically lead to employment by right in the Special Status Regions. All recruits into the local civil service will be screened by the Department of Public Service that will administer exams/board certifications and take charge of human resource planning and management. All State universities in the Special Status Regions will have a faculty of Public Administration or Public Policy. Graduates from these faculties will also be recruited into the civil service through exams and board certifications. Cameroonians from the other 8 Regions can be recruited into the civil service of the Special Status Regions after they pass an English proficiency exam.
The Special Status Regions will define their own educational policies from nursery to the university. The education system shall be STEM oriented, giving youths the opportunity to be productive and be job creators with abilities to generate wealth and foster development.
10. Special Regional Commissions
Special Regional Commissions on critical aspects of communal living will be set up as required and come into force after approval by a two-thirds majority in the Regional House of Assembly. These may include the following:
A Commission of Inquiry for matters of governance and investigation of senior government officials.
A Vehicle Inspection Authority to ensure road safety and the road worthiness of automobiles and all mechanized road users.
A Sanitary Inspection Unit to oversee matters of public health and sanitation as well as the urban environment.
11. Police, Gendarmes and Other uniformed agents
Local councils would have jurisdiction of police stations throughout the Northwest and Southwest Regions in order to ensure community policing. For far too long Anglophones have repeatedly complained about abuses and torture from police officers who in most cases can barely effectively communicate with them. Furthermore, with the ongoing crisis, the need for local police is needed to restore trust, safety, and order in the Anglophone regions. The police training facilities in Mutengene should be run by the Special Status Regions to train their own police forces. Each Special Status Region will have its own police academy.
Prison Warden and Forest guards should be trained locally.
• 12. National Referendum
It is conceivable that moments will come in the history of the nation when constitutional provisions may not be enough to resolve matters of national interest, compelling the government to resort to a referendum. Any such public consultation must obtain a clear majority in both Special Status Regions before they can be enforced in both Regions.
CONCLUSION:
The ideas presented here are what it takes to protect minorities and their interests in a country. The interests and policies of the Special Status Regions have been either dwarfed or stifled by the majority from East Cameroon since independence, in the name of “living together.” Consequently, citizens of the two Regions need some assurances that their voices matter at every level, especially at the level of their own internal Regional affairs. We are counting on the good faith expressed by the Government during the Major National Dialogue because adopting these proposals will help to ensure the return of peace in Southern Cameroon.
*SPECIAL STATUS WORK GROUP
Geoffrey Mbaku
Dr. Nick Ngwanyam, MD.
Marceline Hoyle
Marilyn Ndua Bekima
Daniel Abwa Akwo
Rapporteur: Bellamy Kravitz
OTHER PARTICIPANTS
Agbor Nkongho Felix
Azong Wara Andrew
Eno Chris Oben
Joseph Fomba Fombason
Dr. Maxwell Mbah
Sire Sebastian Epah
Chief Kum Godlove
Francis Ikomey, Esq
James Epo, Esq
John Gwananji
Dr. Mafor Nono Edwan PhD
Bishop Dr. Leonard Mocali Vando
Bishop Dr. Caroline Vando
Dr. Victor Waingeh
Mr. Junior Nwanja
Hon. Rev. Dr. Ayukachale Peter Egbe.
ORGANIZERS
Dr. Lucie Ngongbo
Yaah Patience Tamfu
Marilyn Ndua Bekima