Cameroon's Legal System: Reforms and Current Legal Issues
Cameroon, often referred to as "Africa in miniature" for its diverse culture and geography, also holds a unique position in Africa due to its legal system. The country's legal framework is a fascinating blend of English common law and French civil law, reflecting its colonial history under British and French rule. Since gaining independence in 1960, Cameroon has seen significant legal reforms and faced multiple legal challenges. This article delves into the nature of the Cameroonian legal system, reforms undertaken over the years, and the pressing legal issues the country currently faces.
1. Historical Context: A Bifurcated Legal System
Cameroon's current legal framework has its roots in its colonial past. After World War I, Cameroon was split between France and Britain under League of Nations mandates. As a result, French Cameroon (East Cameroon) adopted the French civil law system, while British Cameroon (West Cameroon) adhered to the English common law system. When the two regions unified to form the Federal Republic of Cameroon in 1961, the legal systems of both regions were retained, creating a unique dual legal system.
This bifurcated system has led to distinct approaches to law in different parts of the country, particularly concerning civil procedure, criminal law, and commercial law. The coexistence of two legal systems has often led to tensions, particularly in the Anglophone regions (Northwest and Southwest ), where residents feel marginalized by what they perceive as the dominant influence of the civil law system in national legal matters.
2. Structure of Cameroon's Legal System
Cameroon's legal system is hierarchical, comprising multiple levels of courts, each with distinct jurisdiction.
Supreme Court
The Supreme Court of Cameroon is the highest court in the country, acting as the final appellate court. It has jurisdiction over constitutional, administrative, judicial, and auditing matters. The court also ensures the uniform interpretation and application of the law across the country.
Constitutional Council
The Constitutional Council, established by the 1996 Constitution, oversees constitutional matters, especially the review of laws and the settlement of electoral disputes. However, the council's role has been criticized for its perceived lack of independence and slow response to irregular electoralities.
Courts of Appeal
These are intermediate appellate courts that review cases from lower courts. They exist in both the Anglophone and Francophone regions, applying either common law or civil law depending on the jurisdiction.
High Courts and Courts of First Instance
At the lower level, there are High Courts and Courts of First Instance. High Courts have general jurisdiction over civil, commercial, and criminal cases, while Courts of First Instance handle less serious matters. Both types of courts reflect the dual legal heritage, with common law and civil law applying in their respective jurisdictions.
Customary Law
In addition to the formal legal system, customary law plays a significant role in Cameroon, particularly in rural areas. Customary courts deal with matters like marriage, inheritance, and land disputes, and are governed by local traditions and customs. These courts exist alongside the formal judiciary, creating a pluralistic legal landscape.
3. Legal Reforms in Cameroon
Cameroon has undertaken several legal reforms since independence to address challenges stemming from its dual legal system, the need for modernization, and socio-political tensions. These reforms have aimed to improve the efficiency, accessibility, and fairness of the legal system.
a. Constitutional Reforms
One of the most significant reforms came in 1996 when Cameroon adopted a new constitution. This constitution transformed the country from a centralized unitary state into a decentralized one, creating ten autonomous regions with local governance structures. It also established the Constitutional Council to oversee the constitutionality of laws and elections, although this body only became operational in 2018.
The 1996 Constitution sought to balance power between the executive, legislative, and judicial branches, though in practice, the executive—under long-serving President Paul Biya—has retained significant control over the judiciary. The constitution also recognized the country's legal pluralism, acceptable the coexistence of civil law, common law, and customary law.
b. Criminal Procedure Code Reform (2005)
The Criminal Procedure Code of 2005 marked another important step in the evolution of Cameroon's legal system. The code harmonized criminal procedures across the country, seeking to bridge the divide between the common law and civil law systems. It introduced provisions to safeguard individual rights during criminal proceedings, such as the right to legal representation, the presumption of innocence, and the prohibition of arbitrary detention.
Despite these provisions, the implementation of the criminal procedure code has been inconsistent, with reports of prolonged pre-trial detention and human rights abuses. These issues reflect broader challenges related to the capacity of the judiciary, corruption, and executive interference in legal matters.
c. Judicial Independence and Anti-Corruption Efforts
Reforming the judiciary to ensure its independence has been a key issue in Cameroon. Historically, the executive branch has exerted significant influence over the judiciary, undermining the rule of law and the credibility of judicial institutions. Recent reforms have sought to enhance the independence of judges by reducing political interference in their appointments and ensuring that the judiciary operates free from external pressures.
Additionally, Cameroon has made some progress in corrupt corruption within the judiciary. The country established anti-corruption bodies such as the National Anti-Corruption Commission (CONAC) and adopted anti-corruption laws aimed at promoting transparency and accountability. Despite these measures, corruption remains endemic in the judiciary and the public administration, eroding trust in the legal system.
d. Legal Harmonization Efforts
Given the dual legal system, efforts to harmonize laws across Cameroon have been ongoing. The government has sought to create a more unified legal framework, particularly in areas like commercial law, through membership in regional bodies such as the Organization for the Harmonization of Business Law in Africa (OHADA). OHADA aims to harmonize business laws among its member states, promoting legal certainty and encouraging investment.
Harmonization efforts, however, have not extended to all areas of law, and the disparity between the common law and civil law systems remains a source of tension, particularly in the Anglophone regions.
4.Current Legal Issues in Cameroon
Cameroon continues to grapple with significant legal challenges, many of which are tied to its political structure, human rights issues, and ongoing conflict in the Anglophone regions.
a. The Anglophone Crisis
Perhaps the most pressing legal and political issue in Cameroon today is the ongoing conflict in the Anglophone regions. Since 2016, there have been widespread protests and strikes in the Northwest and Southwest regions, where the common law system prevails. Lawyers and teachers in these regions have protested the government's imposition of French-speaking judges and teachers in schools and courts, which they argue undermines the common law system and erodes their cultural identity.
These protests escalated into a violent conflict, with separatist groups in the Anglophone regions demanding independence from Cameroon and forming the self-declared state of "Ambazonia." The government has responded with a heavy military crackdown, leading to widespread human rights violations, including extrajudicial killings, arbitrary detentions, and the displacement of hundreds of thousands of people.
The legal system in the Anglophone regions has been severely affected by the crisis, with courts and schools frequently shut down due to insecurity. Many in the Anglophone regions view the conflict as a symptom of deeper legal and political marginalization, calling for a return to a federal system that would grant them greater autonomy and preserve their legal traditions.
b. Human Rights Violations and Accountability
Cameroon has been widely criticized for its human rights record, particularly in relation to the Anglophone crisis and its handling of political dissent. Human rights organizations have documented numerous abuses by security forces, including the arbitrary arrest and detention of political activists, journalists, and human rights defenders.
One of the key legal issues surrounding these abuses is the lack of accountability for perpetrators. The judiciary has been criticized for its reluctance or inability to prosecutor security forces for human rights violations, contributing to a culture of impunity. Military tribunals, which are often used to try civilians in cases related to national security, have been particularly criticized for their lack of transparency and fairness.
The repression of political opposition also continues to be a significant issue in Cameroon. The arrest of opposition leader Maurice Kamto in 2019, following his challenge to the results of the 2018 presidential election, sparked international outcry. Kamto was eventually released, but his arrest highlighted the shrinking space for political dissent in Cameroon.
c. Legal Aid and Access to Justice
Access to justice remains a significant challenge in Cameroon, particularly for minorities and rural communities. Legal aid services are limited, and many Cameroonians are unable to afford legal representation, particularly in criminal cases. The 2005 Criminal Procedure Code provides for the right to legal representation , but in practice, many defendants go unrepresented due to the lack of available lawyers and the high cost of legal services.
Additionally, the judiciary is plagued by inefficiency and delays, with cases often taking years to be resolved. This is exacerbated by a shortage of judges, insufficient infrastructure, and corruption within the judicial system.
d. Land Tenure and Environmental Issues
Land disputes are a common legal issue in Cameroon, particularly in rural areas where customary land rights often clash with statutory land laws. The legal framework governing land tenure is complex, with overlapping customary and statutory systems, leading to confusion and conflict over land ownership.
Environmental issues are also gaining prominence in Cameroon, with legal disputes arising over the management of natural resources, particularly in relation to land use and deforestation. The government's land allocation of land to foreign investors for large-scale agricultural projects has been criticized for displacing local communities and causing environmental degradation. Legal reforms in this area will be crucial in addressing these tensions and ensuring that land use practices are sustainable and equitable.
Conclusion
Cameroon's legal system is a complex blend of civil law, common law, and customary law, reflecting the country's colonial history and cultural diversity. While significant reforms have been made to harmonize and modernize the legal framework, many challenges remain. The Anglophone crisis, human rights violations, corruption, and access to justice are pressing legal issues that require sustained attention and action.
For Cameroon to achieve a more just and equitable legal system, reforms must go beyond legislation and address the structural and institutional weaknesses that undermine the rule of law. Strengthening judicial independence, enhancing accountability for human rights abuses, and ensuring equal access to justice for all Citizens will be essential steps in this process.