October 5, 2017.

Dear Fellow Anglophones:

I know you are still shocked by the scale of what happened on October 1, 2017, in our beloved country. It is unfortunate, indeed revolting, that such disproportionate force had been used on armless and peaceful demonstrators. We wish other methods could have been used to resolve the issues that have pitted the English-speaking minority against a government that has decided to bring death and destruction to its own people. My heart really bleeds for the families that have lost loved ones and those who have been physically and psychologically scarred.

Of course, it will be hard to forget such ferocious brutality and I know your minds are full of revenge. I clearly understand your pain and your pain is clearly mine. We never chose to be Anglophones. We were born in West Cameroon by our parents who were made Anglophones by the United Nations against their will. It was never their choice. It was an imposition that has hurt us for more than five decades and if proper measures are not taken, it will hurt future generations. But revenge has never really addressed any issues. A progressive people never really focus on the negative side of things. Progressive people will always stick to the positive side in order to come up with new and innovative ways that will help to cushion the impact of any disaster that has befallen them.

Our people are in dire straits and this is the time they need some consolation from us. I know a lot has been published about Sunday’s violence, but talking and writing will not address all the issues. We currently have many people lying in hospitals across West Cameroon and I know many people want to help. This is a great moment for us to further tell the world that we are united for a purpose and that the slogan – one-for-all and all-for-one – is real.

To this end, we should immediately set up a Gofundme for those who are in agony in our hospitals. Our minds are full of the milk of human kindness. Let us share that milk with those who are struggling to save their lives in our hospitals. Of course, we will not always agree on many things, but when we disagree, we should avoid to bedisagreeable. Issues of money can easily split people, but since we know why we are raising these funds, we should go ahead and do it in a way that will portray us as a constructive people.

However, be mindful that there will be detractors who may use this opportunity to split us, but we must stick together as a people with a common objective. We may not be able to repair the damage done to the bodies of our brothers and sisters by the bullets sprayed by the country’s military, but we can make them and their families know that we can be there for them in their darkest moment.

The last time I checked, we are over two million abroad and if each of us chips in just a dollar, we will be able to pay for hospitalization, medication and a little gift for those of our brothers and sisters whose lives are hanging by the thread in our hospitals back home. There is power in numbers, let us make the most of our numbers. I have no illusions that some people will not contribute, as they don’t agree with what our brothers back home have been doing. Some of us are still in denial of the marginalization that has been ours for more than five decades. I will urge those who believe in this cause which is designed to right the wrongs of the past to be tolerant of their views. We must understand that it takes all sorts to make the world. But we must act like Jews who believe in collective action to improve upon their fate.

Let us also understand that there will be time for the bereaved families to bury their dead. And when that time comes, we should be there, at least financially, for those families that have lost their loved ones.

Ladies and gentlemen, this is the moment for us to ensure that those families that are in pain get some relief, no matter how small. I know such fundraising initiatives had existed when this struggle started. I would urge all Anglophones of goodwill to set up bank accounts wherever they are, especially in the United States, Canada, the United Kingdom, South Africa, Australia, Germany, France and Nigeria where there are huge concentrations of Anglophones. Let us understand that united we stand and divided we fall. We may disagree on the final objective, the strategy to achieve our goal and who should be our leader, but we must agree that those who are in pain need our help. Let us not fail them as they and their families are looking up to us. This is not the moment for us to start bickering on who is a federalist or a secessionist. Let us bear in mind that the big picture is for our people to know a better life.

Thank you for your understanding and may God bless you all.

Joachim Arrey

About the Author: The author of this piece is a keen observer of Cameroon’s political and economic landscape. He has published extensively on the country’s political and economic development, especially in the early 90s when the wind of change was blowing across the African continent. He has served as a translator, technical writer, journalist and editor for several international organizations and corporations across the globe. He studied communication at the University of Leicester in the United Kingdom and technical writing in George Brown College in Toronto, Canada. He is also a trained translator and holds a Ph.D.

The Anglophone problem which started like a joke has finally spiraled out of control following the slaughtering of some twenty armless Anglophone protesters in various cities across Southern Cameroons. The protesters had been out to celebrate their independence on October 1, 2017, but were interrupted by security forces who had received orders to shoot and kill from the country’s president, Paul Biya, who is currently living in a five-star hotel in Geneva, Switzerland, where he is doing battle with prostate cancer and other old-age related diseases. Mr. Biya has presided over the country’s destiny for thirty-five years and has nothing to show for all the time he has been leading the country. He has surrounded himself with some “beni oui oui” who are doing their best to loot the country.

Yesterday’s killings have not only jeopardized any chances of dialogue with striking Anglophones, they have also heralded the beginning of a new phase in the struggle to liberate Southern Cameroons from the yoke of Francophone-French condominium. Speaking to a Southern Cameroons Governing Council insider in Washington via phone who also opted for anonymity, www.cameroonconcordnews.com gathered that Anglophones will continue to mount pressure on the crumbling government using all the means available to them. The insider advised that the gloves were off and that the pain and frustration of the people of Southern Cameroons must be taken to the enemy.

He said their response to the slaughtering of fellow Southern Cameroonians will surely come in a different form, advising that Anglophones have the means and resources to make the government pay for the deaths of innocent Anglophones. He pointed out that for so long, the SCNC and the Governing council have been working together to ensure that ordinary Francophones do not get dragged into the conflict, but after yesterday’s killings, it is clear that the equation will be altered to ensure that those who have died must not be forgotten.

“I can tell you, for sure, that the gloves are off. It is hard to dialogue with a government that is intent on killing Anglophones as if their lives mean nothing. We regret the loss of life, but beginning today, those on the other side of the Mungo will also have to have a taste of what we have been going through. They have been sitting on the fence for too long and their position can be interpreted as an endorsement of the death the government is inflicting on our people,” he said.

He added that “we never chose to be Anglophones, but we have the right to live our lives based on our culture which I think the government of Cameroon must respect. It must also understand that we are different. Our mentality does not allow us to accept injustice for too long. We are unlike our Francophone brothers who have lived under oppression for decades and will never rise up against injustice.”

He stressed that Anglophones would go underground to wreak havoc on French and Francophone interest in Southern Cameroons, adding that we will not surrender until the injustice of the last fifty-six years is corrected.
“Our parents lived in a prosperous and functional parliamentary democracy which made us the envy of many African countries. We had a parliament and a Prime Minister. We voluntarily opted to join our Francophone brothers in 1961 and today they are treating us like animals, with television journalists and Francophone governors branding us as rats and dogs,” he said, stressing that “we will never be cowered into submission by a bunch of people who are ruling their country as if they are mercenaries.”

With more than two million Anglophones out of the country, with high concentrations in the United States, Canada and the United Kingdom, it is likely that most of these people will be happy to raise funds so as to engage the expiring government of Mr. Biya into running battles that may result in many more deaths, our insider said, adding that it is impossible to eat omelet without breaking eggs. “We regret the loss of lives, but we must move forward and we must implement the next phase of our plan.”

“Cameroon is at the crossroads. The country will never be the same again. We may not achieve all what we want, but we have proven that a minority is capable of bringing meaningful change to a country that is being ruled by people who are not patriotic,” he said.

“Francophone must join us if meaningful change has to occur in Cameroon. Their indifference is annoying. The battle lines have been drawn and everybody must choose their side. The government has delivered death to us on many occasions, though we have all along been calling for sincere dialogue. But this cannot continue for too long. Our people have a right to self-defense and we in the Diaspora owe them the duty of providing the necessary resources for them to achieve that goal,” he stressed.

We will fight the government city to city, house to house and street to street until it will run out of steam. We have the wherewithal and there is a pool of willing fighters back home to deliver the punch that will daze the moribund government,” he pointed out, adding that “there will be collateral damage, but that will surely help our leaders to put on their thinking cap.”

From every indication, Cameroon is down a slippery slope. The international community still has enough time to save lives. It will be morally wrong for it to let the situation to escalate before it starts looking for ways to mediate. Cameroon is gradually imploding. With Boko Haram insurgents blowing up people in the north, and central African rebels launching attacks in the east of the country, it will be dangerous for the government to wait for Anglophones to transform themselves into walking bombs before it can think of genuine dialogue. Despite yesterday’s killings, there is still room for dialogue. Many mistakes have been made and the handling of the Anglophone crisis right from the beginning has been at best mediocre. There is still a lot of time for the international community to save Cameroon and that time is now. Cameroon is begging for help and the world should not be looking the other way while the country keeps on bleeding.

A Cameroon Concord News and Cameroon Intelligence Report Production
By the Editorial Desk

The Anglophone crisis that started in October 2016 reached its apex on Sunday, October 1, 2017 following the declaration of independence in various cities across Southern Cameroons despite the heavy deployment of government troops to intimidate Southern Cameroonians who have clearly displayed their determination to quit a badly and hastily stitched union with East Cameroon. City after city in Southern Cameroons hoisted the new nation’s flag with pride and dignity which Southern Cameroonians think they have been robbed of for more than five decades.
Across the region, Southern Cameroonians could be heard chanting their nation’s national anthem joyfully in the presence of Cameroon government troops who had been given orders and ammunition to shoot at protesters. Mamfe, the birth place of Anglophone activism, registered one of the worst incidents on Sunday, with more than two people shot to death and many others seriously wounded. Due to this unfortunate situation, residents of Manyu Division have vowed to topple local authorities and roll back Cameroon government influence in Manyu which is noted for its radicalism.

In Kumba, the stories were not different. Several protesters were killed and many wounded. Buea, Muyuka and Tombel stood up to be counted among the brave Southern Cameroonians who have succeeded to demonstrate their will and determination to stand up against a moribund regime that is noted for its brutality and manipulation.
In the North West, brave Southern Cameroonians in Bamenda successfully hoisted the Southern Cameroons flag at Liberty Square and sang their anthem in the presence of army soldiers who were helplessly watching. But it was Kumbo, Bui Division’s capital, that stole the show. The city’s central prison was torched while protesters proceeded to demonstrate across the city, bearing the Southern Cameroons flag and singing their newly minted national anthem.

As usual, the regime in Yaounde noted for mowing down its own citizens, organized fake marches of peace to mask the killing of Southern Cameroonians in their own territory. In Yaounde, the ruling party’s members of parliament converged on the reunification monument where they pledged their support to the country’s absentee president, Paul Biya, who is currently in Switzerland where he is battling prostate cancer. On his Facebook page, the octogenarian condemned violence, adding that it was normal for citizens to express their views in a republic, but in a respectful and non-violent manner.

He however did not indicate that for almost one year, his government has been mowing down its own people and arresting armless and innocent citizens for expressing their views. It should be recalled that Cameroon’s president spends most of his time out of the country, leaving the country’s struggling economy at the mercy of members of his party who are doing their best to loot the state’s treasury. More than fifty of the president’s former ministers and closest collaborators are currently languishing in jail for looting state coffers, although some schools of thought hold that charges against those in jail are politically motivated.

It should also be pointed out that prior to the declaration of independence by Southern Cameroonians, Cameroon’s minister of communication, Issa Tchiroma,on Saturday, September 30, 2017, had visited media houses to court their support where he advised them not to give an opportunity to Southern Cameroonians to present their own perspective of events to the public. He called on private media houses to side with the government in its effort to silence Southern Cameroonians. He argued that there was no Anglophone problem in Cameroon, adding that all those who were protesting in the Anglophone regions were terrorists who were being manipulated by some power-hungry and disgruntled Cameroonians living abroad. The minister of Communication, it should be recalled, has once been jailed by the Biya government for his role in the 1984 coup d’état that almost saw Mr. Biya out of power.

Sunday’s protest might not have led to a total takeover of government institutions by protesters and the arrest of government officials who have been enforcing the government’s Machiavellian policies as declared by the Southern Cameroons governing council, it has however proven that Southern Cameroonians can defy government orders and challenge institutions that do not serve the people’s interest. The clashes between protesting Southern Cameroonians and security forces have also simply pushed the Anglophone struggle underground, as government determination to win by military means leaves the protesters with no other options.

The government might have disrupted things on Sunday, but the revolting Southern Cameroons are prepared to engage the government in running battles that will make the region completely ungovernable. They are counting on hit-and-run tactics which will lead to the sabotaging of facilities such as oil tankers, oil installations and other facilities that will help them bring the country’s economy to its knees. It should be recalled that prior to Sunday’s events, a few bombs had gone off in Bamenda and Douala, and October 1 clashes will only lead to more of those bombs wreaking havoc in the country.

Meanwhile it has been alleged that the American billionaire, George Soros, is using his vast resources to help Southern Cameroonians walk away from their oppressors of fifty-six years. Similarly, it is also alleged that a Canadian firm has signed an oil contract with the Southern Cameroons Governing Council regarding the Anglophone region’s vast oil fields. If this is true, then the struggle has moved into a very critical stage and this will imply the entire school year will once more be disrupted.

However, the Cameroon government still has a last chance to preempt the possibility of the struggle degenerating into an armed conflict. Many leaders across the world, including the United Nations Secretary-General, have already called for sincere and genuine dialogue as the surest means to find sustainable solutions to issues raised by Southern Cameroonians. If the government can listen and if its surrogates can change their rhetoric, attitude and approach to the problem, a conducive environment could be created for the holding of a meaningful dialogue that will spare the country the agony and hardship usually created by every armed conflict.

A Cameroon Concord News Production

Introduction

A legal system is designed primarily to order and regulate the political, social, and economic lives of the people and society within its juridical sphere of influence. It is invariably derived from and conditioned by the history and customs of the territory in which it holds sway, thereby becoming a cardinal attribute of its culture. The psyche, way of life and very existence of a people and their society is usually inextricably intertwined with its legal traditions. This explains why a Russian’s perception and conception of his prerogatives and obligations in matters pertaining for instance, to family, property, commercial transactions, civil liberties, citizenship, etc. may be in striking contrast to that of a Canadian or Australian.

The ideological chasm in the orientation and functioning of different legal systems and the people molded in their respective spheres of influence, finds quintessential expression in the differences which exist between the civil and common law systems of justice. Whereas the former, which is best exemplified by the Napoleonic Code in France, is the colonial legacy of France to La Republic du Cameroun, the latter is the legacy of England to the people of Southern Cameroons, during its forty-three years of colonial rule. It is this sometimes ideological and philosophical antagonism between the above colonial legacies, that is the fractured crucible, which has laid bare the fault lines in the on-going crisis pitting an overwhelming majority of Anglophones against the Francophone establishment elite.

Sadly, for the Anglophones, their unwitting and unsuspecting forbears had been forewarned of the potential hazards of this strange alchemy – the betrothal of a people so disparate and conflicting in their legal origins and cultures. In a statement admonishing against the perils of unification, which the wisdom of time has revealed to have been eerily and prophetically made some fifty-eight years ago, the former Prime Minister of Southern Cameroons, E.M.L Endeley warned: “if you vote for Cameroon Republic, you will invite a new system under which everyone lives in fear of the police and army. You will not be free to move about; you cannot lecture freely or discuss your political views in public; … and you can be arrested and flogged by the police and even imprisoned without a fair trial.” With an acute clairvoyance, Endeley further warned: “who amongst you would like to live in a country which lacks complete respect for human dignity and where you cannot speak out your mind or pursue your business in peace … who amongst you will like your children to grow up in servitude?… this will be our lot if we join French Cameroon…” Despite Endeleys’ foreboding and admonition, some in our pioneer political class were appositely naïve and unsophisticated to discern and wade through the nefarious web and ominous designs of Ahidjo, master-minded and propped by the French. They were cajoled, hoodwinked and bamboozled to become unwary and benign suitors in an abortive and unholy engagement which they later lived to regret.

However, this begs the basic question as to why this hallowed re-union between two supposed erstwhile brothers has been so fragile and tenuous even after a fifty-six year experiment. Apart from the manifest bad faith of Ahidjo and his hegemonistic French colonial overlords, who had never sought to establish a genuine federal political dispensation between Southern Cameroon and La Republic du Cameroun, the deepest rift between the two polities lies in their inherited colonial laws. Just as in the case of Cameroon, the civil and common laws are exogenous laws propagated to the rest of the world mostly through colonization and conquest. While these laws have endured varied progressive modifications in the recipient countries, the philosophical underpinnings remain the same and continue to impact social, political and economic affairs in these countries.

In analyzing these legal systems and in an attempt to show how they color and have varied our perception of justice, we will cursorily examine a few foundational areas in which they are extremely opposed.

What Inspired the two Legal Systems?

In its formulation, the common law was influenced by the desire and aspiration of the landed gentry and merchants to develop a legal system which will provide robust protective mechanisms for contractual rights and for private property. It was also aimed at curbing and keeping at bay, the ability of the king and the English aristocracy to interfere in the private business affairs of individuals. Protection of individual liberties was of paramount importance in its conception. The common law supports a form of social control which is designed to facilitate and achieve enhanced productivity of the private market. The civil law system of justice on the other hand is predicated on a paternalistic philosophy in which the law is designed to achieve state desired goals by constituting norms of conduct, backed by state coercion, primarily aimed at protecting the supreme interest of the State (L’interet Supérieur de l’état), no matter whose ox is gored. Civil law was conceived by the Romans in the middle ages. However, contemporary reference to civil law usually and commonly refers to that of the French which emanated from the French Revolution and the subsequent Napoleonic Codes, written in the early 19^th century. It is characterized by a militant and centralized governing philosophy which aspired to employ the power of the State to radically alter the dynamics of property rights in its favor.

What is the Source of the Power to Govern? – Does it Reside with the People’ or with the State?

Common and Civil law countries are diametrically opposed on how they conceive the authority of the State. The continental European countries and their colonies view the State as the “Leviathan” from whose authority law and justice emanates. According to this view, the “Pouvior Constituant” is this veritable crucible from and around which the rule of law, justice, legitimate State authority and human rights, spring and evolve. According to the civilian legal tradition, all rights are given to citizens by the political authority, the State, and not by any Supreme being. They view the ‘rule of law’, as compelling its citizens to a slavish obeisance of any laws imposed on them by the State.

The constitution is viewed, in civil law countries, as a mere mechanism to formulate, structure and enable the legislative and executive branch to devise and implement governmental policy. It is not perceived primarily as a tool to regulate and constrain the excesses of governmental power as it is in common law jurisdictions. Pursuant to Napoleon’s idea of the State as an instrument to bring social change, he set out to introduce a novel concept of public law which will immune State action from the supervisory authority of judges. Notwithstanding the changes brought about by “le consiel d’état” which imposed some limitations against the use of excessive State power, in present day France and its colonies, the administrative judge does not have unfettered power to execute its decisions against the State. The prevailing judicial thinking and ethos in these jurisdictions remains that the State cannot be at par or at the same level with its subjects in the context of any administrative or judicial proceeding. The judge cannot issue and/or enforce any prohibition or mandamus against any activity of the government or worst of all, order Her to be in contempt of its authority. They posit that human rights are not an inalienable God given attribute of citizenship but a privilege accorded to citizens by the State through the constitution. The State is perforce, morally but not legally, obliged to enact fundamental human rights, providing some safeguards against their abuse by executive powers, into the constitution. An incredulous and ridiculous example of the omnipotent and omniscient powers of the State are the extended powers given to auxiliaries of the State like Divisional Officers, Senior Divisional Officers, and Governors. Under their system of ‘Droit Public’ these personages are empowered to issue ‘administrative acts’ which carry the same authority and are legally compelling as court judgements. They have been known in Cameroon to be, the accuser, judge and executioner. They can arrest who so ever, using the administrative detention powers accorded to them by law. Legal observers and civil society have fresh memories of the arrest and detention, a few years ago, of an eminent lawyer of the Cameroon Bar Association in Tiko by the Divisional Officer. In further display of unconstrained and overzealous executive power, a colleague who was called to help (a representative of the President of the Cameroon Bar Association in the South West at the time) was equally arrested and detained by executive fiat. This travesty was done with little or no judicial oversight and with absolute impunity.

The almost complete antithesis of the civilian legal philosophy, as enunciated above, which is found in the common law universe, is the American legal thinking. Ironically the American founding fathers in revolting against, what they considered to be, oppression by the British drew inspiration from the English philosopher, John Locke. The Lockean judicial philosophy aligns with the view of limited State powers and authority and subscribes to the idea that citizens are ruled and governed by God-inspired law and not by the authority of a fellow man. The Americans felt that the colonial government of England had violated their inalienable rights and spurred by Locke, they opened their Declaration of Independence with these words, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator, with certain inalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness”. Implicit in Locke’s concept of natural law and the Declaration of Independence are the following precepts. Human rights are conferred by God and therefore pre-constitutional and should as a matter of necessity, define the limits of State authority. Secondly, a people had to give their consent to be governed and immanently possess the right to self-determination. Thirdly, intrinsically rooted in those God conferred rights was the Right and Duty to resist any State powers which violated them. Fourthly, in constituting the American nation and its government, the constitution opens thus: “We the people of the United States”; this is a tacit expression of the idea that power properly resides in the people.

Equality of all before the law was not a novelty when it was enunciated by the American founding fathers or John Locke. Their precursor is the Magna Carta, otherwise called “The Great Charter”, issued by King John of England in 1215. A bulwark against the arbitrary use of State power, it established for the first time that everyone including the king was subject to the law. Lord Alfred Denning described it as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot”. So, it has remained the cornerstone of all civil liberties afforded by English common law – right of free and fair trial, due process of law, trial by jury, habeas corpus. It has also inspired above all, the universal Declaration of Human Rights.

The Rule of Law or L’Etat de Droit (State of Law or Police State)??

The Rule of Law in the Anglo-Saxon context is predicated on the principles affirmed in their constitutions and the Declaration of Independence (in the case of the U.S.), stating that government should be of law and not of men. In conceiving the Rule of Law, in these societies, the jurist does not only consider the substantive legal rules governing the relationships of citizens inter-se. Of paramount importance to the rule of law, is the defense of individual liberties from unconstrained violation by their government. The procedural due process rights of citizens, such as that of habeas corpus, are of equal import as their substantive legal rights. Whereas a judge in a civil law jurisdiction is solely preoccupied with the substantive rights of the citizens as are spelled out in the constitution or codes. In these jurisdictions, scant regard is paid to the legal procedure which is employed to enforce the substantive rights of the citizens.

Prerogative Writs

In England, the crown (king/queen) through the Lord Chancellor (Minister of Justice) had conferred on the courts the power to issue something called the Prerogative Writs. This power was to ensure two things. First, the independence of the courts against the exercise of unhindered State power. Secondly, protection of the rights and liberties of citizens against the executive branch of government. The said prerogative writs are: writs of habeas corpus, mandamus and certiorari.

By using the writ of habeas corpus, the court can order the superintendent of a prison or a police commissioner to bring forth to court a person who is being detained and to justify their arrest and detention. The prisoner will be released if the court considers the police acted unlawfully in arresting him or his continuous detention was otherwise not warranted by the law. This device is anathema to the Criminal Procedure Codes of most civil law countries; a ‘bête noire’, if you will, an impediment to the expedient administration of justice.

The Writ of Mandamus can also be used to compel any employee of the administration to do an act which they are otherwise required by law to do. This writ has been supplanted by the writ of injunction in most common law countries. It could be used by private persons through the courts, to compel specific acts or measures of the executive branch. The defendant in such administrative proceedings in common law countries would be the top civil servant appointed to head that office and not necessarily the authority or directorate under his control. Therefore, the said civil servant could be punished with contempt of court, if he fails to abide by the orders of the court. One of the most celebrated and memorable cases of use of an injunction or mandamus in recent memory is Brown V. Board of Education. In this case, the writ was used to mandate a “for white only school” to also admit African American students. Administrative courts in the civil law world do not have any powers to prohibit a civil servant from acting or otherwise compel him to act. They are also bereft of the ability to enter contempt orders against a civil servant. Administrative courts can only review administrative decisions to see if they are ultra-vires (beyond the scope of their authority). And, if they are found to be, the court will enter an order to quash. This is the only remedy they have in civil law courts which is akin to the writ of certiorari. Moreover, the State, in civil law countries, can only be sued in the courts if she acted in the capacity of a private person.

The writ of certiorari is a tool which is often used by common law courts as a check against any misuse of discretionary power and other due process violations by the executive branch of government or administrative authorities. Using this procedure, a court will review whether an administrative decision was made within the scope (intra-vires) or without the scope (ultra-vires) of the directorate’s authority. In the common law system, such ultra-vires acts are void ab-intio (i.e. considered null and void from the time they are enacted). Whereas, in the civil law system, an ultra-vires act is not considered void until its unlawfulness is contested by a party. Furthermore, there is a period of limitation within which the unlawfulness of an administrative act could be challenged. Once this period of limitation expires; the otherwise unlawful administrative act inherently regains its validity. This is a flagrant affront to the common law principle that an ultra-vires administrative act cannot be redeemed to be made intra-vires.

Due Process or No Process?

The concept of Due Process of law is an emanation of the magna carta and variations of it have been enshrined in the constitutions of most common law countries. Thus, under the fifth and fourteenth amendments of the U.S Constitution, for example, the federal and state governments have respectively been prohibited from depriving any person of “life, liberty or property without the due process of law”.

What exactly is the Due Process of Law?

There is procedural due process and substantive due process. Procedural due process protects all persons from the coercive power of the state in ensuring that while a law might be valid, the process of its enforcement should be fair and impartial. The main protections envisaged here include: reasonable notice to a person as to why they have to appear before a tribunal, the right to an independent judge or jury in criminal proceedings, the right to present testimony and relevant evidence at trial. Whereas, substantive due process seeks to protect persons against acts which the courts deem to be beyond the scope and authority of governmental intrusion. In short, the due process guarantees, like the rule of law concept in England, are meant to ensure that the State respects all legal rights which  are owed to an individual. It serves as a counter-poise against the use of State power to the detriment of individual liberties.

Thus, criminal prosecutions in common law countries, are usually founded on the principle of equality of the litigating parties. The prosecutor, who embodies and espouses the interest of the State is an adversary of the suspect defendant and they are, as such, at par in the eyes of the court. The defendant is presumed to be innocent until proven guilty by the State. A sage of the common law once opined, that it is better for one hundred guilty persons to go free than for one innocent to be convicted. As a corollary to this, he has the right to bail (with a few exceptions) and the burden will be on the State to show why he is not so entitled. His right to bail also gives him the opportunity to prepare his defense. Thus, every other thing being equal, both parties are accorded a fair chance of success at the end of the proceedings. The situation under civil law is different. There are no constitutional guarantees of due process. The prosecutor is deemed to be a purveyor and protector of the public interest; which is deemed to be a higher interest. There is as such no parity in the way they are perceived by the law. The defendant accused, is not presumed innocent and is not, as a matter of right, entitled to bail.

Adversarial Versus Inquisitorial System of Justice

In the adversarial system of justice, the judge is a neutral umpire. He listens to the facts and the law of the case as presented by the plaintiff and then the defendant, before making a decision based on the presentation of both parties. He does not meddle in the investigation of the facts of the case, neither does he engage in the questioning of witnesses. In making his decisions, he will mostly rely on the judgement of courts or judicial decisions as the primary source of law. The principle of ‘stare-decisis’, meaning ‘let the decision stand’, compels him to apply the decisions made in previous cases, with similar facts, to the case before the court. Reliance on statutory law is usually minimal. Owing to the dependence on judge-made law, the judiciary wields tremendous influence in the socio-economic and political development of common law nations. The adversarial system of justice harbors an abiding distrust for the prerogatives of State power and perceives it as unfair when it is reined unchecked over an individual.

On the other hand, the civil law operates an inquisitorial system of justice in which judges are compelled to rely on legal codes in making decisions after a review of the facts. In doing so, he is trained to rely on the opinions of legal scholars who should have either aided in the drafting of the codes or in their interpretation. In this system therefore, the judges’ decisions are not consequential in the overall socio-economic and political development of the society as they would be under the common law.

In the inquisitional system of justice, the judge/court is actively involved in the investigation and in the production of evidence in the case before it. He engages in the questioning of litigants and witnesses. In doing so, he risks the appearance of unfairness and public confidence in the process could be jeopardized. The role of counsel, partisan advocacy and equal opportunity to present opinions is sacrificed at the altar of what is in “the best interest of society” and the interest of the individual is rendered subservient to the process.

Independence of the Judiciary

Judicial independence is vital to the unfettered functioning of a democratic society. It serves to guard against the oppression of the poor by the rich, the weak by the strong, the minority by the majority. It serves as a bulwark and shield for the citizens against governmental excesses. The idea is that judges should be at liberty to decide on cases before them based on the facts and the law without the compunction to yield to interferences or any undue influence from the other branches of government. But how is the independence of the judiciary secured? The first principle is to distance the appointments, removal, promotion and compensation of judges, from the executive branch as much as possible. Most State judges in the U.S are, for example, elected by the populace. While federal judges are nominated by the president, they still have to be confirmed by the senate, who are representatives of the people. However, federal judges have a life tenure. This guarantees that they can make decisions without fear of reprisals. Judges, both state and federal, have powers to find anyone, no matter how politically powerful, in contempt of court; if they interfere with their decision-making authority. Judges in common law countries can only be disciplined or promoted by the Higher Judicial Council which is typically constituted by their peers. There is no member of the executive in that forum. The financial security of judges is assured and guaranteed by State or federal law and the executive has no role in this process.

The situation in civil law countries like Cameroon is quite converse, and a far cry from the above. To become a magistrate in these countries, one has to take a competitive entrance examination into the National School of Administration and Magistracy; which is under the Ministries of Public Service and Justice. Upon graduation, they become civil servants under the Ministry of justice. Their remuneration, postings, promotions and discipline are managed by these ministries and the Higher Judicial council. The latter body is composed of representatives of these ministries, amongst others; but above all, chaired by the President of the Republic. It comes as no surprise therefore that very few magistrates or judges in such countries are able to demonstrate judicial courage, to rule against the interest of the State, even where the law and the facts so warrant. Which is why, there is ample anecdotal evidence that they are routinely under pressure from hierarchy in cases involving the State or powerful interests.

Conclusionary Remarks.

Has Endeley been vindicated?

At the beginning of this essay, I cited E.M.L. Endeley who warned against the pervasive, ubiquitous and unconstrained authority of the State viz-a viz individual liberties, in La Republic du Cameroun. Unfortunately, this is the main issue at the heart of the rancor and turbulence which has almost engulfed the English-speaking region. Its citizenry has remained maladjusted to the excesses of unchecked executive power even after fifty-six years of cohabitation. Coming from a parliamentary system of government in which the Prime Minister was answerable and fully accountable to the representatives of the people, their stomachs are constipated with the political corn-meal they are now being fed. From repressive and opportunistic civil administrators, “chef terres”, who misappropriate indigenous and state land worth millions of Dollars with impunity, to tax inspectors and treasurers who habitually loot the States’ treasury of similar sums, the abuse of State power and resources extends from there to the pinnacles of power.

English speaking Cameroonians are yet to come to grips with the fear that constituted authority evokes. While they have been groomed to respect authority, the reverence and adoration accorded to uniform officers and auxiliaries of the administration is alien to their culture. Whereas their background predisposes them to consider the police as a friend of the citizen, the reality is pathetically different. Unperturbed police misconduct is rife. From arrests of citizens without warrants; to detentions of suspects based on the uncorroborated statements of a complainant, and even before the requisite investigation is conducted; to the torture of detainees, the abuse of police power is in full galore. Thanks to pervasive social media, the mass arrests and detention of students and lawyers during peaceful demonstrations was in display for the world to watch. The shooting of eight peaceful protesters on September 22^nd, 2017, the further fortification of military resources and the declaration of a state of emergency in English-speaking regions of Cameroon, in anticipation of October 1^st peaceful demonstrations, are the ultimate hallmarks of a police state. The free movement of people, within their country, which they are inclined to take for granted, now comes at a price. Failure to produce an Identity card in any of the four to five checkpoints between Douala and Buea, could earn you a spot behind bars. Faced with an impending arrest and detention, a citizen will have no choice but to oil the lips of rent-seeking police officers. The vigorous freedom of speech practiced in English Cameroon, at the vanguard of which was titans of journalism like Akoaya of Cameroon Outlook is no more. The litany of ministerial gag orders: banning media outlets or anyone from reporting on or discussing the Anglophone crisis; disconnecting the internet in the North West and South West Regions; and banning/criminalizing of any public or private discussions on the topic of federalism completes the portrait of a closed society, which Anglophones are yet to understand.

The inherent wisdom in the Anglo-Saxon judicial dispensation which identifies “the people” as the source of State power is as crucial as judicial independence. If their lives, liberties, and pursuit of happiness are to be protected, then an independent judiciary is necessary. In the eyes of any casual observer, a judge is for all intents and purposes, far from independent if he is appointed, promoted, compensated and dismissed by the executive. He is as such so handicapped even when the procedural law of the system provides for habeas corpus, mandamus, and certiorari reliefs.

Paradoxically, the circumstances of the arbitrary arrest, detention, and trial of some anglophones during this crisis unwittingly brought to international public prominence the differences between the two systems of justice. While some can argue that due process guarantees like the right to free and fair trial, presumption of innocence and bail are now contained in the Cameroon Constitution or the Criminal Procedure Code, the devil is in the details. The influence of a hundred years and over of authoritarian rule and application of French derived civil law, remains potent. The arrests of suspects without probable cause and warrants, their arraignment and trial before a militant tribunal, ineffective translation of proceedings, excessive adjournments, non-disclosure of the identity of some supposed civil parties to the proceedings, refusal of their right to counsel of their choice, refusal of bail, etc. constitutes an in-exhaustive list of irregularities that worked to deprive Agbor Balla, Justice Ayah Paul, Dr. Fontem Neba and the rest, of their due process rights.

Before the sad events of Friday, the 22^nd of September 2017, I had hoped that the task of forging a “United Cameroon”, although fraught with diverse hurdles, was surmountable. Before eight English-Speaking protestors were ruthlessly slain, I had nursed a forlorn hope that the train for the restoration of Southern Cameroon statehood, which has manifestly left the station, could be miraculously reversed. Before the blood of protesters for justice and freedom was casually shed, I thought the specter of a two-state federation could be alluring to a majority of Anglophones. I had mused that the government will reform its position and table this option for negotiation so as to avoid outright separation. I had hoped our government will awaken to the truth that countries like the USA are not any less united because they are divided into fifty autonomous states. Before that ‘Black Friday’, I had harbored this great but naïve expectation that out of this current inferno will emerge a new nation. But my audacious hope has given way to intrepid fear. I now fear that Black Friday is a defining moment and turning point in the psyche of advocates for restoration and the vast majority of Anglophones. I am righteously frightened and indignant that the barbaric response to peaceful protests have served to whip up and galvanize negative public sentiments against Yaounde. I can perceive the hearts and minds of our people being stained dark-red, by the percolating dye of the martyrs’ blood, against the oppressors. It seems to me that the rubicon has now been crossed. Our people now feel their blood and that of their children is expendable. I am scared the people might harken to their children’s blood crying out of the grave for retribution. The history of liberation movements should teach us one lesson – the cause of liberty is invariably magnified when the sweat, tears and blood of the oppressed is wantonly and callously shed. Since the tree of freedom is usually watered by the blood of martyrs, Black Friday may have only served to make the Southern Cameroon freedom tree taller, lusher and greener.

By  Michael E. Enow, Esquire

*** About the author

Michael is an attorney who began his preliminary legal studies in Cameroon before continuing to obtain an LL.M. (International law) at the University of Lagos, Nigeria and another LL.M. (Energy and Environmental law) from Tulane Law School, in New Orleans, Louisiana, U.S.A. He was called to the Bar of the Supreme Court of Louisiana, the Bar of the United States District Court, Eastern District of Louisiana and the American Bar Association in 1996.  He has served as a legal consultant to several African governments and international companies operating in the continent. A charismatic speaker, he has been invited to speak at international conferences for investment and trade lawyers from developing countries.  A philosopher, writer, entrepreneur and Member of the Cameroon Bar, Michael is passionately consumed by issues pertaining to the social and economic progress of the African Continent.

The Anglophone problem that started like a joke has finally reached a critical point with Anglophones set to declare their independence on Sunday, October 1, 2017, despite threats from the Francophone-dominated government that has ruled the country for fifty-six years without regard to the Foumban Agreement that was signed between Southern Cameroons and East Cameroon in 1972. The determination of the English-speaking minority to walk away from the hastily stitched marriage has left the government scrambling for solutions to contain Anglophone protesters who are no longer scared of government intimidation. Even the heavy deployment of Special Forces and battalions of army soldiers is not striking any fear in the minds of disgruntled Anglophones.

To deter Anglophones, the Yaounde government has been flexing its atrophied muscles. A dusk-to-dawn curfew has been declared to curb the movement of persons and the country’s borders with Nigeria have been closed till September 2, 2017, but Anglophones are not listening to all of that. In their view, Cameroon’s borders are the most porous in the world. The inept government in Yaounde has never really developed any real border posts with Nigeria. In places like Akwaya, many Yaounde government officials are already moving out for fear that they will be arrested as instructed by the Anglophone Governing Council. The fear of the unknown is perceptible, as demonstrations across Southern Cameroons on October 22, 2017 informed the government that it really had a sticky situation on its hands.  Last week’s demonstration will surely be reduced to a dress rehearsal, as the young and old will take to the streets to let the beleaguered government understand that they are not being manipulated.

Years of marginalization and mistreatment have hardened the Anglophone and he is determined to change things so that future generations do not have to walk this humiliating path. Over the last fifty-six years, Anglophones have never occupied the ministries of defense, interior, national security, territorial administration and communications. Currently, out of 39 ministers, there is only one Anglophone while the President’s Beti-Fang ethnic group that does not even account for 5% of the population has about 28 ministers and it is running 21 of the 34 state-owned corporations. Out of 34 state-owned corporations, Anglophones only head two. Out of more than 30 army generals, Anglophones have only two full generals, with the Beti-Fang ethnic group taking the lion’s share.  But the really vexing issue is the country’s oil company that is located in the country’s southwest region. The oil deposits are located in the Rio Del Rey Estuary in the same region, but Francophones account for 95% of the refinery’s staff. South-westerners have clearly been cut out of any oil deals and this has been accomplished with the connivance of the region’s so-called elites and colonial governors and administrative officers who have been working hard to inflict pain on the population. In 2016, the government’s investment budget for Biya’s South region with a population of 700,000 was more than double that of the two Anglophone regions that account for 20% of the population. The details of the marginalization are simply revolting. This explains, in part, why Southern Cameroonians will be more than pleased to arrest these officials on Sunday for them to explain why they have been working against the people.

The international community understands the seriousness of the issue. It has been carefully watching and it thinks dialogue will be the right response.The United Nations has not been indifferent to the chaos playing out in Cameroon. It has, on many occasions,intervened, but this time around, it has been calling on both sides to exercise restraint and avoid actions that might result in an escalation of tension. The global body has reaffirmed its respect for the country’s integrity, adding that the government should engage with the natives of the North West and South West regions, while the Commonwealth has reiterated its determination and willingness to support efforts at peacefully resolving the issues that have pitted Anglophones against the government.

But Southern Cameroonians are not buying into the UN’s rhetoric. They have been victims of government-orchestrated marginalization and injustice for more than fifty years and they want to live in a brand new republican democracy that respects human rights and freedoms. In many cities across Southern Cameroons, young Southern Cameroonians, who are anxiously looking forward to Independence Day, have been working hard to clean up the environment in preparation for the great day in line with instructions given by the Governing Council’s Interim Leader, Ayuk Julius Tabe. All these activities are taking place in the presence of the army of occupation that has been mowing down demonstrating Southern Cameroonians throughout this crisis.

The Anglophone Diaspora, for its part, is determined to make sure the government pays the price for its irresponsibility and poor policies. Ever since the conflict broke out, the government whose position has been vacillating, has accused the Anglophone Diaspora of all the crimes and sins in the world, lashing out that the Diaspora has been fanning the embers of chaos and enmity. It has also accused the Diaspora of bank-rolling the conflict with its vast financial resources, arguing that the Diaspora has no stake in the country. But the Yaounde-based government that seems to be living in a bubble fails to see that from their quiet abodes abroad, members of the Diaspora have been helping to sustain their families back home, even paying for healthcare and education. Some have built homes for their parents and even helped to purchase expensive hospital equipment for hospitals the government has built but has failed to equip. With such a contribution, members of the Diaspora cannot be accused of not having a stake in the country of their birth. What the Anglophone Diaspora has been doing is exactly what a credible government should do for its citizens.

Members of the Diaspora have been taking the hardship in strides for decades, yet for fleeing marginalization and economic deprivation, they have been stripped of their citizenship and have no way to exercise their citizenship in their country of birth. The Anglophone Diaspora has very high stakes in this struggle, a lot higher than many think. The Diaspora wants to help make the country a better place for all so that it too can know some respite. The constant demands for assistance have been blighting the lives of members of the Diaspora and this cannot come to an end if the despotic government in Cameroon is not held accountable for its actions. The Anglophone Diaspora is also educated and its huge war chest makes some of its members to feel that they deserve to play a key role in the political life of their country and if the government does not acknowledge that role, then they will continue to destabilize the government and the country. This is what is driving the Anglophone Diaspora that has many dollar millionaireswho think this is an achievable goal.

The decision to quit this hastily arranged marriage has already been made. Indeed, an entire region cannot be mad. There is nothing like collective madness. From every indication, the die has been cast. Anglophones are prepared to bite the bullet. They understand that anything short of total independence will never guarantee them a good life. While they agree that dialogue is the best path to tread, they also hold that that dialogue should focus more on how Anglophones can walk away without bloodshed. The Yaounde government is not repentant about the errors of the past. It speaks from both sides of its mouth and it is never as good as its word. In the minds of Anglophones, it will be hard to trust such a government; a government that has run the country aground; a government that is known to burn through money like wildfire, with its president spending most of his time abroad with a large entourage.

As the D-Day approaches, Yaounde government officials have been running all over the place like neckless chicken just to get a solution that can stop Anglophones from walking away, as such a situation will imply walking away with 60% of the country’s wealth. Meanwhile, government surrogates have been spreading across the Anglophone region like ragweed just to give the impression that Anglophones can be stopped from leaving the lopsided union. So-called elites have stepped up their fake meetings to give the impression that they are working. That will surely please their Yaounde masters, but will never cut ice with the Anglophone who is in independence mode. They also fail to understand that Anglophones are prepared to lay down their lives just to correct the errors of the past. Their philosophy – one for all, and all for one – is having a huge impact and it is giving the government real food for thought.

Yaounde government surrogates may be all over the region like a bad rash, but Anglophones are not paying any attention to them. Their focus is on the independence they want for themselves and future generations. From every indication, a violent confrontation is in the offing as Anglophones will have to take over government buildings and arrest those who have been aiding and abetting the Yaounde government in its effort to exploit and intimidate Anglophones.  The message of their leaders has gotten across and they will stop at nothing to make that dream come true. They know the government is capable of anything, from shutting down the Internet to slaughtering large numbers of protesters, but that is not stopping them from reaching the Promised Land – Buea – on October 1, 2017.

By Editorial Desk

Cameroon Concord News Group

The Anglophone problem that started with just simple socio-professional demands by lawyers and teachers in October 2016 has today developed into a full blown crisis due to the politicization of the issues and the radicalization of the English-speaking minority by the government via its response. This response has been marked by denial, disregard, intimidation and repression, and it has gone a long way in diminishing trust between both parties. It has also diminished the chances for any meaningful dialogue and Friday’s demonstrations across the entire Anglophone region speak to the severity of the crisis.

The Anglophone problem has never been this serious and those who thought it would lose its steam over time are gradually coming to terms with the fact that they now have a complicated crisis on their hands. Anglophones want out of the unification their forefathers had signed, arguing that it has left them with a sense that their territory is in economic decline following the centralization and dismantling of West Cameroon’s economic structures such as the West Cameroon Marketing Board, the Cameroon Bank and Powercam, as well as the abandonment of several projects, including the port of Limbe, and airports in Bamenda and Tiko, with investments in the Francophone part of the country winning out. The complete take-over of the country’s lone oil refinery by Francophones and the exclusion of Anglophones from key ministerial positions over the last five decades have complicated relations between the country’s English-speaking minority and the government.

This bitterness also stems from the feeling that unification had resulted in a democratic setback, cultural assimilation and a downgrading of their political status. Many Anglophones are clearly convinced that the Francophone-dominated government had followed a strategy to marginalize them and this has run down relations between the government and Anglophones who are today locked in in a battle of wills; a battle that has resulted in the death of many Anglophones and mass arrests, making it hard for any meaningful dialogue to take place. The government’s approach towards this problem over the last twelve months has been characterized by violence and this has only made matters worse and last Friday’s demonstrations clearly tell the international community that the fragile relationship between the two parties has broken down irretrievably. The calls for federalism have now given way to incessant demands for an independent Southern Cameroons, and this is causing many people around the world to be jittery as Anglophones have already scheduled Sunday, October 1, 2017, as that day wherein they will be taking their destiny into their own hands.

If the government still had any doubts about the people’s determination to steer their own lives, those doubts were indeed dispelled last Friday as those demonstrations did provide it with a clear picture of things and a proper response – Anglophones are walking away from the false union that had been hastily stitched together with the connivance of Foncha and Muna. They have also clearly indicated that Mr. Biya, the country’s president, lacks what it takes to run a multi-ethnic and multi-cultural political entity like Cameroon. His management style over the last 35 years has been predicated on corruption and manipulation, enabling him to employ so-called elites to sedate their people with lies and tricks.

While Francophones may still be under the effects of the political sedation, Anglophones, for their part, have found a cure to the manipulation and corruption that people like Peter Mafany Musonge, Yang Philemon, Atanga Nji, Elvis Ngolle Ngolle, Benjamin Itoe and others have been administering on them. Anglophones have told them, loud and clear, that they belong to the past and that they belong to another political epoch whose hallmark – manipulation – leaves much to be desired.

While the government has been dilly-dallying to sincerely engage Anglophones, the English-speaking minority has, for its part, decided to take matters into its own hands. Anglophones have already decided that October 1, 2017, will be their Independence Day and last Friday’s mobilization was simply a dress rehearsal for the D-Day that many young Anglophones have been looking forward to. Their overwhelming show of unity and strength on Friday, speaks to their ability to come out en masse to let the government and the international community know that the wall of fear has collapsed and that nothing will stop them from achieving their cardinal objective, even if it means laying down their lives for future generations. The wall is down, but they want to push things a little further. They want to live in a new nation; a nation that will be predicated upon political responsibility, fairness and democratic justice. And they have already gone ahead to create the symbols of that nation they think will bring them peace, prosperity and development.

But before they actually get to the business of nation building, Anglophones will want to have a clean break with an ugly past; a past that has brought pain and death to many of their people. They will want to bring to justice – their own justice – those of their fellow Anglophones who have been aiding and abetting the Francophone-dominated government in Yaounde to inflict pain on them. A mass trial is therefore in the offing, especially as there is word out there for Anglophones to arrest those they consider as colonial SDOs, Dos, Parliamentarians, Mayors and Governors who have been enforcing the Machiavellian policies of the Yaounde regime on the D-Day. October 1 will see the writing of a new page in the long story of an Anglophone revolution that has been in the works for many decades. A few more scenes will, for sure, play out before the arrogant government in Yaounde actually thinks that it is time to dialogue with a people it has erroneously tagged as terrorists. Using the anti-terrorism laws for political ends has not intimidated Anglophones. On the contrary, it has emboldened them and it has weakened a government which only understands one language – intimidation.

This is a devastating blow to proponents of violence. It has not met their expectations. It has unfortunately dumped the country in a more complicated crisis with both parties sinking further into their dangerous positions. Even those who thought it will help to address this issue are today losing sleep. Time is rather acting as the minister of justice, given Anglophones the means and resources they need to achieve their goals. Old ways are failing the old guard and the defiance staged by Anglophones seems to herald the end of an era; an era that has brought pain and death to many Cameroonians, especially Anglophones. Those who thought the revolution will fizzle out are in total bewilderment as Anglophones keep on proving that they have the capacity to mobilize their people and enforce their own laws. Ghost town operations have been a total success and the closure of schools intended to give the government a black eye have told the world that the government is helpless and incapable of handling tricky situations.

But all hopes are not lost. Cameroon can still be spared the agony of a man-made catastrophe. Dialogue is incontestably the right tool to address most of the issues that have soured the relationship between Anglophones and the Yaounde-based government. This is a complicated job and the government must approach it with a big and proper tool box. Many moderate Anglophones, who are for a federal structure, still think that all is not lost. Proponents of statehood, for their part, argue that any measures taken by the government at this stage will be coming a little too late. The horse is out and it will be wasted effort to shut the barn. They assert that it is difficult to envisage any credible dialogue with a government that has never taken any conciliatory measures, adding that until trust is rebuilt between the parties, it will be hard to dialogue with the government. They contend that the presence of a neutral third party will be vital as the government has never complied with its own policies and recommendations. They point out that a discourse of tolerance, openness to dialogue and recognition of the Anglophone problem by the head of state would constitute a first important gesture.

They further posit that such recognition in the humblest of languages should be immediately followed by several measures such as releasing all those who have been arrested during the crisis; inviting exiles to return home; opening legal proceedings against security forces responsible for abuses; reshuffling the government and increasing the political representation of Anglophones and replacing senior officials whose actions have caused tensions to escalate. They say the government has been ignoring the dissatisfaction and anger of a fifth of its population and this may be detrimental to a government that is already dealing with Boko Haram in the Far North and militias from the Central African Republic in the East.

They argue that it will be hard for the government to change its ways, pointing to the ongoing militarisation of the Anglophone region, especially after Friday’s demonstration of courage and determination by the country’s English-speaking minority. They however point out that no militarisation will deter Anglophones from righting the wrongs of the past and that if the government does not change its mind on the issue of sincere dialogue before October 1, then the world should be ready to welcome a new nation.

By the editorial desk
Cameroon Concord News Group

It is heart-rending to see Cameroon go down the path of chaos and conflict. Many African countries have walked this path and their experience has been anything but pleasant. Their different experiences indicate that it is not an honorable path that any responsible government should design for itself. Cameroon has been the oasis of peace in a desert of chaos for many decades, but things are gradually spiraling out of control as Anglophones are increasingly becoming restive in a union that has felt more like a prison to many of them than a smooth family relationship. Injustice, disrespect, discrimination and outright government-orchestrated marginalization have pushed the Anglophone minority over the edge. They now feel they are on a wire without a safety net. Their anger derives from many reasons and they hold that no matter how hard they try, they will never cohabit peacefully with Francophones whose perspective of life is diametrically different.

They point to injustice, arguing that the errors of the past have been intentional. They argue that no Anglophone has ever been appointed to head the ministries finance, defense, territorial administration, communication and foreign affairs and this cannot be considered an error after fifty-six years. They also argue that Francophone ministers such as Fame Ndongo, Laurent Esso and IssaTchiroma are clearly to blame for the escalation of the problem. Their public declarations have given Anglophones the feeling that they do not belong to Cameroon. They hold that Anglophone Cameroon accounts for more than 60% of the country’s wealth and the citizens of this region should be treated with respect like their Francophone counterparts. It should be recalled that Cameroon’s oil and gold fields are lodged in the country’s Anglophone region, precisely in Ndian division, where poverty – that which dehumanizes and robs people of their dignity – has taken root. But the most vexing issue is the fact that 95% of staff at the country’s lone oil refinery, SONARA, are Francophones who have the nasty habit of treating the locals with disdain and this has fueled the anger that is currently boiling over.

To many Anglophones, the time has come for a rethink of the union. It is time to come out of the 56-year jail term; a period during which the government has reduced them to second-class citizens. Years of complaints have never really resulted in any improvement as the Francophone-dominated government has always argued that there is no Anglophone problem and any Anglophoneswho talk of an Anglophone problem are immediatelyconsidered as a handful of trouble-makers who need to be taught a lesson, using outdated and intimidating laws. To them, Cameroon is one and indivisible, but the country’s indivisibility has been tested over the last year. Only the blind cannot see the cracks on the wall. Anglophones are honestly not part of that Cameroon that is one and indivisible and they have clearly demonstrated that over the last year.

Friday’s (September 22, 2017) demonstrations in almost every Anglophone city are confirming that the foundation on which that one and indivisible Cameroon is built is not solid. The demonstrations are unfortunately throwing up a grim reality that will be hard for the indolent Francophone-dominated government in Yaounde to handle. The government has clearly lost its authority over the English-speaking minority. Friday’s demonstrations have taken place in the presence of the police and gendarmes and the massive attendance clearly points to the fact that the wall of fear has collapsed. The people want to take charge of their own destiny, as the government has failed to deliver prosperity and opportunities to the ever growing and increasingly demanding youths of the Anglophone region.

The trend towards statehood appears to be irreversible. Southern Cameroons’ flag is all over the place though the government had proscribed its use. This is testimony to the fact that there is a limit to what a people can take. Anglophones are defying the government and they are ready for any consequences. Years of marginalization have not only sent two million of them out of the country, they have also emboldened those who have been taking the brunt. Anglophones are sick and tired of the government’s lies and manipulation. Thirty-five years of Mr. Biya’s ineffective rule and his presidence over a permanently ailing economy have left many young Anglophones desperate and hopeless. To many of them, the best option is for them to head out of the country, but in the absence of such a possibility, they are prepared to lay down their lives to make sure future generations do not have to walk down the same path of desperation, hopelessness and unemployment.

The writing is clearly on the wall, of course, in both English and French. Only the blind will not see how Cameroon is slowly, but surely heading to the brink after years of mismanagement and marginalization. The current crisis calls for a total overhaul of the system and a change in management style. The leaders who are supposed to be social engineers should start thinking of reengineering the country. The old model has failed. Continuing to pursue failed policies and tricks of the past will only go a long way in radicalizing Anglophones who are gradually coming to terms with the fact that their only option is independence. Though many are yet to agree to the name of their new country, that is, if it will ever see the light of day, there is a plethora of names being floated out there – Ambaland, Ambazonia, Southern Cameroons, West Cameroon and others that are still in the closet.

Despite the variance as to how their country will be called, they all agree that the union with East Cameroon has been anything but pleasant. They are gradually coming up with structures and symbols that will enable them to run their country whenever it comes to being. Their flag is floating all over the country and a governing council has been set up with its interim leader, Ayuk Julius Tabe, crisscrossing the globe to drum up support for an independent Southern Cameroons. In the minds of young Anglophones, their independence will be declared on October 1, 2017. This is certainly not an illusion. Friday’s demonstrations should inform the government that Anglophones abroad and at home are working hand in glove to achieve their goal.

After a year of demonstrations and a long battle of wills between the country’s president and Anglophones, things are on the decline, with independentists gradually winning the war on all fronts. The government’s indifference has given them a lot of time to persuade Anglophones who have been sitting on the fence. Today, they clearly hold sway over the population, especially as many members of the Diaspora are those who are running things in their families financially. While there are still a few diehard federalists among Anglophones, the government’s refusal to listen to advice and its inability to sincerely call for a national debate on the issue of reforms is pushing federalists onto the side of independentists.

The Anglophone crisis will surely not be addressed through any cosmetic reforms. The issues are real and the people are determined to change the status quo ante. It will be foolhardy and preposterous to think that sending a few self-seeking politicians to the region will help calm tempers. There is a disconnect between these self-seeking politicians and the people they claim they represent.

Anglophones have clearly rejected their so-called leaders. Peter Mafany Musonge, AtangaNji, Yang Philemon, AchidiAchu, Tabetando, Victor Mengot, Benjamin Itoe, Dion Ngute, Ako Edward and others hold no sway over the Anglophone population. Keeping themwithin the corridors of power will certainly not address any issues. They clearly belong to the past and it will be hard to resuscitate them politically. This also applies to people such as Shey Jones and Fai Yengo Francis who are being rumored to be part of a government that will soon be announced. These people have no constituency and it will not be in the interest of the country and the Anglophone population in particular, to bring back these people who have never displayed any sympathy with the people’s cause.

While Mr. Biya himself has over-stayed his welcome, it could be said that he had been voted and could be given the benefit of the doubt to finish his term. His failure to address key issues such as infrastructure development and unemployment will forever haunt him. He has reduced the country to an open air landfill wherein the ordinary Cameroonian has been reduced to a sorry spectator of events in his country. He should see the writing on the wall and should make the honorable decision – that of not running in 2018.

Cameroon has been pushed to the brink. The country has been caught in a downward spiral. To pull the country out of this quagmire will be a tough job. Using those who have driven this country to the brink to pull it out will be the wrong decision. If Cameroon has to stay one and indivisible, then there must be a change of mentality. The current unitary system has shown its limits. It has brought untold hardship to the people. Anglophones may be bitter but they will surely want to negotiate and they insist that such a negotiation should take place in the presence of a neutral, third party like the UN or the African Union. The writing is on the wall. The country’s authorities should make an effort to see it before it is too late.

The Editorial Desk

Cameroon Concord News Group

For some time now, Cameroon has been in the spotlight for all the wrong reasons. Over the last five years, Boko Haram militants have been sowing terror with their home-made bombs in the country’s northern region, leaving a trail of death and destruction. Many have been internally displaced and the cost of managing these refugees is spiraling out of control. Redeploying troops to the hotspot is taking a huge bite out of the government’s budget and many patriotic Cameroonian soldiers have unfortunately lost their lives in the process. To be fair to the government, it has been struggling to restore peace in this region, but all its efforts are not yielding the right results as the war is not conventional and the criminal group’s strategies and modus operandi are more of “shifting sands”. This has kept the government on its toes for more than five years and it appears there is no light at the end of the tunnel for a government that is already showing signs of fatigue.

But over the last year, it is the Anglophone crisis that has stolen the show from Boko Haram. A strike by lawyers in October 2016 was unfortunately allowed by the government to spread like a bad rash and this has left it with no choice but to scramble for solutions, most of which are inefficient and do not seem to reflect what English-speaking Cameroonians have been asking for. The Anglophone minority has been dealing with marginalization for more than five decades and it really wants this to stop. Its call for a federal structure to check some of the issues the unitary state was generating was met with ferocious brutality by the government while the region’s political elite looked the other way. The Anglophone region’s political elite is fraud with self-seeking politicians and attempts to draw the elite’s attention to this worrying situation have always met with tricks and intimidation.The elite has been very effective, using all means, including unfulfilled promises and, where necessary, threats of imprisonment or death for those who dare speak out about the pain and suffering marginalization is inflicting on the peace-loving people of West Cameroon.

But after fifty-six years of frustration, West Cameroonians feel it is time to break the chain of silence and face a monster that has been spreading death and destruction in a region that holds more than 60% of the country’s wealth. Cameroon’s oil and gold fields are lodged in the country’s Anglophone region, precisely in Ndian division, where poverty; that which dehumanizes and robs people of their dignity, has taken root. While the country’s refinery may be located in Limbe, Anglophone Cameroon’s coastal city, the oil fields are in the Rio Del Rey estuary in Ndian Division,while localities around Mbonge in the same division are home to large gold deposits. Manyu Division, which is also in the south-west region, is blessed with huge and dense equatorial forests that have been hiding some of the finest timber on the continent, but the people of this region have been reduced to sorry spectators of the destruction that is taking place in their forests, as this ageless timber is cut and shipped to East Cameroon.

Five decades after the UN-staged reunification, the frustration of the English-speaking minority has boiled over and Anglophones are seeking a way out of this relationship. The strikes that started in October 2016 were aimed at drawing the government’s attention to the angst that has been inhabiting the Anglophone mind. But faithful to its intimidation strategy, the government dispatched its armed forces – known today by Anglophones as “Harm Forces” due to their killing and maiming of innocent civilians – to quash the strikes and send home a strong message to all those who thought they could change the status quo. The military actions have succeeded, unfortunately, to radicalize the already frustrated Anglophones who are determined to put an end to the status quo ante. Anglophones hold that their call for federalism has been upgraded to the restoration of statehood and discussing federalism is like solving the wrong problem. Today, the country is divided along linguistic lines and the consequences of this conflict go well beyond what many observers had predicted. Anglophones are no longer in love with the country they called theirs for fifty-six years. Injustice and oppression are making it hard for them to live with their Francophone counterparts whose lack of courage is obliging them to take the mistreatment their leaders are serving to them in stride.

Things actually came to a head when the government arrested the leaders of the Consortium and jailed them for close to eight months when hastily organized discussions came down crashing in January 2017 like a pack of cards. The government’s tricks and threats had not yielded the results it wanted, so it had to resort to the law to break down the leaders so as to kill the demonstrations that had become region-wide, with Anglophones organizing ghost towns and keeping their children away from school. The ghost towns are really hurting the economy while the disruption of the school year is causing the government to lose sleep. Its reputation has been hurt so badly and it will take a long time for it to re-establish peace and stability in the North West and South West regions of the country.

Today the government seems to be at its wit’s end. Even its release of Barrister Felix Nkogho Agbor Balla, Justice Paul Ayah Abine and Dr. Fontem Neba does seem to deliver the outcome it was expecting. Schools have remained closed and many institutions of learning have been burnt by members of cloak-and-dagger organizations who are on the prowl for any institution that is violating their rule. They have decreed that the region will go through another blank year, that is, if the government does not engage Anglophones in frank and fruitful discussions. Anglophones had called for a federal system which the government had promptly turned down, but this request has since been upgraded to restoration and this has made the possibility of a real dialogue to be very remote. Both sides are frozen in their positions and it will take a lot of external pressure and forces to help both camps to narrow their differences if peace has to return to this once-upon-a-time oasis of peace in a desert of chaos.

In recent weeks, a few bombs have been going off in the two Anglophone regions. Many schools have been destroyed and many people now live in fear, as the potential for things to escalate is high. While the government still hopes that time will resolve this issue, it will be preposterous for it to keep on using a strategy that has clearly failed. Its silence over the deteriorating situation is more like paving the way for a full blown terrorism. What might seem like a joke might lead the country down a dangerous path. Silence could be golden, but it is not in this context. The country’s leaders must come out of their silence to reassure peace-loving citizens that they are capable of dealing with thorny issues with tact and efficiency. It should be recalled that the cost of conflict is always high and conflict does not benefit anybody.

The government has to play its part and it must start listening to its citizens. It must stop muzzling up its citizens so that new and innovative ideas can flourish in the country. No nation has ever attained its full development potential without its citizens being able to express their minds. If Cameroon has to check the cost of this conflict, government authorities must embrace new ways. They must acknowledge that old ways have failed.

Dialogue is an idea whose time has come and it is not a weakness to embrace it. The country’s leader must also understand that there cannot be a president without a people. The president must shed his cocoon of self-importance to talk with the people. Quitting his Ivory Tower will be a good thing to do at this moment when the country is at the cross-roads. A full blown conflict will not be in anybody’s interest.

The editorial desk.