Difference between revisions of "Cameroon"

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Cameroon legal system is a relic of the colonial era.  However, despite the fact that Cameroon was unified from a political and administrative perspective since 1972, there are dual and contradictory procedural sources in Cameroon: the Criminal Procedure Ordinance, extracted from the Laws of Nigeria of 1958 and the Code of criminal instruction (Code d’instruction criminelle) which comes from the Ordinance of 14th February 1938.  Hence, Cameroon applies a dual system, if not conflicting, influenced by both civil law and common law.  It may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155 </ref>.  
 
Cameroon legal system is a relic of the colonial era.  However, despite the fact that Cameroon was unified from a political and administrative perspective since 1972, there are dual and contradictory procedural sources in Cameroon: the Criminal Procedure Ordinance, extracted from the Laws of Nigeria of 1958 and the Code of criminal instruction (Code d’instruction criminelle) which comes from the Ordinance of 14th February 1938.  Hence, Cameroon applies a dual system, if not conflicting, influenced by both civil law and common law.  It may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155 </ref>.  
Customary law governs matters such as customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities.  Customary law includes Islamic Law and those native laws and customs “which are not repugnant … and not incompatible to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force<ref>
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Customary law governs matters such as customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities.  Customary law includes Islamic Law and those native laws and customs “which are not repugnant … and not incompatible to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force"<ref>
 
The Customary courts ordinance cap 142 of 1948</ref>.
 
The Customary courts ordinance cap 142 of 1948</ref>.
  
English Cameroon adheres to the stare decisis rule. In Francophone Cameroon, however, the stare decisis is not strictly adhered to and is not considered as a primary source of law.  Rather, it is considered as being highly persuasive when coming from the superior courts.  In Francophone Cameroon, procedure is inquisitorial<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155</ref>
+
English Cameroon adheres to the stare decisis rule. In Francophone Cameroon, however, the stare decisis is not strictly adhered to and is not considered as a primary source of law.  Rather, it is considered as being highly persuasive when coming from the superior courts.  In Francophone Cameroon, procedure is inquisitorial<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155</ref>.
 
   
 
   
 
In practice, Cameroon is known to be one of the most corrupted countries in the world. Bribing is a way of life and what is commonly known as a whisky often supersedes formal laws. According to Transparency International, police and the judicial system are among the most corrupt sectors in Cameroon<ref>Wikipedia, Corruption au Cameroun, online: http://fr.wikipedia.org/wiki/Corruption_au_Cameroun and Transparency Watch,  http://www.transparency.org/publications/newsletter/2007/november_2007/anti_corruption_work/gcr_french </ref>. Moreover, there is no efficient system of law reporting in the country, despite commendable efforts in that direction. Hence, the law is not readily accessible to citizens and is not applied uniformly.   
 
In practice, Cameroon is known to be one of the most corrupted countries in the world. Bribing is a way of life and what is commonly known as a whisky often supersedes formal laws. According to Transparency International, police and the judicial system are among the most corrupt sectors in Cameroon<ref>Wikipedia, Corruption au Cameroun, online: http://fr.wikipedia.org/wiki/Corruption_au_Cameroun and Transparency Watch,  http://www.transparency.org/publications/newsletter/2007/november_2007/anti_corruption_work/gcr_french </ref>. Moreover, there is no efficient system of law reporting in the country, despite commendable efforts in that direction. Hence, the law is not readily accessible to citizens and is not applied uniformly.   

Revision as of 14:59, 31 May 2011

Background

Cameroon, officially known as the Republic of Cameroon, is a country in Central Africa that is comprised of 10 provinces and 1 capital, Yaounde. It was discovered by Portuguese in the 15000 and its name derives from "Camaroes", which means shrimps in Portuguese. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.[1]

Cameroon Cameroon is made up of an extraordinary diversity of about 250 tribes speaking at least 280 different indigenous languages. It has a population of about 19.5 million people, among which 20% is Anglophone and 80% Francophone. The official languages of Cameroon are English and French, although the French language is dominant. In anglophone provinces, Pidgin English is widely spoken. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).[2]

Type of System

Cameroon legal system is a relic of the colonial era. However, despite the fact that Cameroon was unified from a political and administrative perspective since 1972, there are dual and contradictory procedural sources in Cameroon: the Criminal Procedure Ordinance, extracted from the Laws of Nigeria of 1958 and the Code of criminal instruction (Code d’instruction criminelle) which comes from the Ordinance of 14th February 1938. Hence, Cameroon applies a dual system, if not conflicting, influenced by both civil law and common law. It may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal[3]. Customary law governs matters such as customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities. Customary law includes Islamic Law and those native laws and customs “which are not repugnant … and not incompatible to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force"[4].

English Cameroon adheres to the stare decisis rule. In Francophone Cameroon, however, the stare decisis is not strictly adhered to and is not considered as a primary source of law. Rather, it is considered as being highly persuasive when coming from the superior courts. In Francophone Cameroon, procedure is inquisitorial[5].

In practice, Cameroon is known to be one of the most corrupted countries in the world. Bribing is a way of life and what is commonly known as a whisky often supersedes formal laws. According to Transparency International, police and the judicial system are among the most corrupt sectors in Cameroon[6]. Moreover, there is no efficient system of law reporting in the country, despite commendable efforts in that direction. Hence, the law is not readily accessible to citizens and is not applied uniformly.

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.[7] The Supreme Court is comprised of six judges, all of whom are appointed by the president. It has jurisdiction over the whole country. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.[8] High Courts operate at divisional level, but they also often cover several divisions. The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions. There are Magistrates' Courts, which operate at sub-divisional level, although they usually cover subdivisions. Finally, there are also Traditional Law Courts, which operate at village or tribal level[9].



See Criminal Justice Systems Around the World

Notes

<references>

  1. http://www.state.gov/r/pa/ei/bgn/26431.htm
  2. http://www.state.gov/r/pa/ei/bgn/26431.htm
  3. Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155
  4. The Customary courts ordinance cap 142 of 1948
  5. Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155
  6. Wikipedia, Corruption au Cameroun, online: http://fr.wikipedia.org/wiki/Corruption_au_Cameroun and Transparency Watch, http://www.transparency.org/publications/newsletter/2007/november_2007/anti_corruption_work/gcr_french
  7. http://www.state.gov/r/pa/ei/bgn/26431.htm
  8. https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html
  9. GlobaLex, Researching Cameroon Law, Charles Manga Fambad, http://www.nyulawglobal.org/Globalex/Cameroon.htm