Barrister Joseph Mbi Tanyi
3 March 2008
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The right to strike is a constitutional right enshrined in the Preamble of the Cameroon Constitution of January 18, 1996 namely that:
The freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law.
In the same vein, Article 21 of the International Covenant on Civil and Political Rights, which has been ratified by Cameroon provides:
The right of peaceful assembly shall be recognised. No restriction may be placed on the exercise of the right other than those imposed in conformity with the law and which are necessary in a democratic society in the interest of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
Both legal instruments enjoins person and group of persons intending to carryout any strike or assembly to respect or comply with the procedures laid down by law, interest of the national security, public safety and public order.
It is admitted that bad laws and governance are the worst sort of tyranny, However, under no circumstances shall the State or any individual(s), enterprise, company or corporation should be deprived of the use or ownership of property, tangible or intangible; therefore through acts of vandalism (destruction or arson, theft) save for public purposes and under conditions prescribed by law.
Acts of arson and destruction are all criminal offences punishable under Cameroon Penal Code. Pulling strength from the above, the recent burning and destruction of public and privately owned property by a group of individuals or persons thereby depriving them from the use of their property is criminal and a human right abuse.
The above not withstanding, the State owe a moral and legal duty to inform, educate and open up meaningful dialogue and debate with its citizens to prevent future disorder.
Chief Executive Officer Centre for Human Rights Education, Training and Research (CHRETAR)
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