The rule of law: the way out of economic quagmire; the case study of Cameroon

Cameroon has been described by some scholars as Africa in miniature. That not-with-standing there has been an economic downturn which has raised fears of the end of capitalism and the free-market economy. This has made Cameroon adjust its economic policy as days go by. All of this has been to revamp the economic situation of Cameroon. The rule of law has been the bedrock for the present economic recovery.

The rule of law in its most basic form is the principle that no one is above the law. In absolute governments, the King is Law, so in free countries the law ought to be king and there ought to be no other.

Cameroon has experienced periods of economic growth and decline. During the growth period, public expenditure increased the size of the public sector. The decline period, which started in 1986, has been characterised by government expenditures that outstripped revenues. Not only is the country struggling to bounce back from the global economic meltdown that hit the world’s economies last year but this year also marks a take off for a 10 year development plan launched by government and contained in a document dubbed “Employment and Growth Strategic Document.” The Officials of the Breton Woods Organisation have had sessions with senior government officials, the business community, donors, and representatives of Labour Unions as well as civil organisations. Based on reports from these stakeholders, the mission appreciated what they termed was “the authorities’ appropriate policy response, the fund financial support under the rapid access component of the Exogenous Shocks Facility, and the global recovery now underway”, actions which they said rendered the effects less severe than originally anticipated.

Nonetheless, the economy can be revitalised if, and only if, stringent rules/laws/regulations are put in place to regulate theactivities of those involved (vote holders) in the execution of the State Budget.

There has been enormous progress in Cameroon as far as the Rule of Law is concerned. This touches on issues of governance, democracy, electoral processes, execution of the State Budget, implementation of various Municipal Laws and ratified International Treaties. This is evidenced by the present fight against misappropriation of public funds. A back log of cases (both decided and undecided) have been the talk of the day. Of late, Ministers and General Mangers of Public Corporations are being prosecuted for professional malpractices and misappropriation of public funds. These proceedings have been facilitated by the laws in place to wit; the New Criminal Code which is Common Law friendly, and Law N° 99/016 of December 22, 1999 on how private and parapublic institutions should be managed.

At some point there was a presumption that these big guns were above the law. Today, there is no gainsaying that the Government of the Republic of Cameroon is putting in much effort to meet up with the United Nations definition of the rule of Law which is a principle of governance in which all persons, institutions and entities, public and private including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.

From every indication, though not the best, there has been immense progress on the respect of the rule of law. Thus getting out of an economic quagmire has been as a result of the respect of the rule of law. The implementation of various economic policies cannot be realized without the respect of this cardinal tenet of law.

On our part, the Nico Halle & Co Law Firm has been involved in this process through Legal Counseling, Exhaustive Legal Opinions, non-adjudicatory and adjudicatory mechanisms in resolving differences between individuals, corporate personalities and organisations/institutions, etc.