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Cameroon: Law Without Boundaries - Military Take Over (Coup d'Etat)
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The Post (Buea)
COLUMN
21 April 2008
Posted to the web 21 April 2008
Barrister Joseph Mbi Tanyi
Primitive, uncivilised and unpopular or authoritarian regimes have always used the military to deter and harass the civilian population.
Recently persons travelling within the country are subjected to humiliation and torture as they are compelled at each police or military check to step out from their vehicles or buses and file pass the check point holding their identification paper on their hands similar to what occurred during the Rwanda genocide episode.
Everyone will agree with me that the recent strike action and the subsequent constitutional amendment, the deployment of troops and their subsequent conduct, only goes to confirm the fact that politicians are great toothless bulldogs without the military's backing.
During the strike, the police were rendered helpless by the civilian population until the military stepped in to put the situation under control.It is a fact that in 1984 a group of some disgruntled Republican guards attempted to outsmart the current regime but for the timely intervention and solidarity of some members of the military, the situation was again put under control.
Some years back when it was rumoured that the current Head of State was dead, some top ranking military personnel, members of Government and other close associates were allegedly jubilating.
This only goes to confirm the fact that there are many people, even those who are very close to the Head of State, interested in and eying his position. Now that the Constitution has been amended, the hopes of politicians of this generation and other interested persons of getting into Etoude have been ruthlessly frustrated.
Whether elections are organised by ELECAM or not, the military is always there to contain any demonstration or protest with the eventual consequence for the resistance.
The Constitution has not been amended to give an imaginary and unknown would-be Cameroon Head of State such a tactical advantage as stipulated in Article 6(2) and 53.3 new of the amended Constitution.
From the above, it may be suggested that the Constitution is meant to give the current President a life mandate. However, Article 53(3), new, granting immunity from accountability for criminal acts is not applicable under international law for ex-Presidents.Therefore, immunity is enjoyed only when the Head of State remains in power for life especially if Article 6.2 supra is properly manipulated.
Besides the above, the Head of State, as stipulated in the Constitution, is very powerful and enjoys special prerogatives such as those provided in Article 12 and 8 namely:
'The President of the Republic may, if necessary and after consultation with the Government, the Bureau of the National Assembly and the Senate, dissolve the National Assembly.' And further more Article 8.2 states: The President of the Republic shall be the head of the armed forces.'
With reference to the above, and bearing in mind that the military has proven that they can drastically change the fate of things as established during the recent strike action and constitutional amendment, therefore the military is the last hope and not democracy. From apocalyptic democracy to coup d'etat as the military appetite for power is gradually dripping.
Chief Executive Officer
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Centre for Human Rights Education, Training and Research
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