Report

Members of the Canadian Delegation

The Canada–Africa Parliamentary Association was represented by the Hon. Mauril Bélanger, PC, MP and Co-Chair; the Hon. Raynell Andreychuk, Senator and Co-Chair; the Hon. Terry Stratton, Senator and Vice-Chair; Ms. Lois Brown, MP and Vice-Chair; the Hon. Jim Munson, Senator and Director; and Mr. Tyrone Benskin, MP and Director. The delegation was accompanied by Mr. Andrew Lauzon, Secretary of the Association, and Ms. Aïcha Coulibaly, Library of Parliament, Analyst of the Association.

Objectives of the meetings in the Republic of Cameroon

The objectives of the mission, the first bilateral visit of the Canada-Africa Parliamentary Association to Cameroun, were to:

Strengthen bilateral relations and parliamentary cooperation between Canada and the Republic of Cameroon;

Inform Canadian parliamentarians of economic activities in the region, through contacts with parliamentarians, government representatives, civil society organizations and Canadian businesses;

Exchange information related to Canada’s experience with respect to the work of the Senate, relationships between the Senate and the House of Commons and between the Senate and the executive branch of government while inquiring about the electoral procedures governing Cameroonian Senate seats as well as the rules and procedures of the Cameroonian Senate. This visit was undertaken further to the invitation of the President and the Secretary General of the National Assembly of the Republic of Cameroon.

Republic of Cameroon

1.    Issues and relationship with Canada

Cameroon is situated on the Gulf of Guinea, just north of the equator. Its neighbours are Chad to the north, Nigeria to the west, the Central African Republic to the east, and the Republic of the Congo, Gabon and Equatorial Guinea to the south. Its rugged terrain covers approximately 475,440 km2 (approximately the area of the Yukon). Yaoundé, a city located in the interior, serves as the capital, while the port of Douala is the main centre of economic activity.

Cameroon’s economy relies mainly on agriculture and natural resources. The World Bank classifies Cameroon’s income level as lower middle income. Cameroon faces the same issues as many other developing countries, such as a stagnant income per inhabitant, a relatively unequal distribution of wealth, endemic corruption, an environment unappealing to business development and a hierarchical public service structure. The International Money Fund is pressuring Cameroon to institute more reforms, especially by increasing budget transparency, privatizing certain sectors, and implementing a poverty reduction program. Despite the challenges it faces, Cameroon experienced a 4.2% increase in its GDP in 2011. (For comparison purposes, Canada’s growth rate was 2.41% that year.)

Although still relatively high, the proportion of poor people has decreased since 1996, dropping from 53.3% to 39.9% in 2007. The government has created subsidy programs to increase access to electricity, food and fuel. Economic diversification projects have been put into place recently, for diamond mining in particular, which attracts foreign investment.

While Cameroon is Canada’s second-largest trading partner in Central Africa, Canadian exports have decreased since 2009 totalling $27.1 million in 2011. Over the same period, Canadian imports increased from $4.9 million to $7.5 million. Canadian companies in Cameroon are mainly involved in the education, infrastructure, mining and energy sectors.

In terms of international relations, Canada and Cameroon have concluded a double taxation agreement, which has been in effect since 1 January 1988. The two countries concluded negotiations for a Foreign Investment Promotion and Protection Agreement (FIPA) in November 2012. At the time this document was prepared, the FIPA had not yet come into force.

In 2009, Cameroon signed a memorandum of understanding with Rio Tinto Alcan for the construction of an aluminum plant, two hydroelectric stations and an aluminum terminal in Kribi, for a total investment of close to US$9 billion. One of the largest private projects in Central Africa, this is also Cameroon’s largest industrial investment program.

The year 2012 marked the 50th anniversary of diplomatic relations between Cameroon and Canada.

2.    Meetings

To achieve the mission objectives, the Canadian delegation met with the President of the National Assembly, the Right Honourable Djibril Cavayé Yéguié; members of the parliamentary commissions; members of the Cameroon–Canada Parliamentary Friendship Group; the Secretary General of the National Assembly; government representatives; the Cameroon section of the United Nations Centre for Human Rights and Democracy in Central Africa; representatives of civil society organizations and the press; and representatives of Canadian and Cameroonian companies.

A.   Information session on the Cameroonian Senate and constitutional law

In order to better understand the implicit objectives in the creation of the second chamber in the Cameroonian parliament and therefore be in the better position to provide suggestions and advices regarding the new Senate, the delegation held this session first.

It was led by Prof. Bernard-Raymond Guimdo Dongmo, associate professor of public law and political science at the University of Yaoundé II. Mr. Guimdo Dongmo went over the difference between Canada’s bicameral system and Cameroon’s proposed parliamentary system. He explained that the purpose of establishing the Cameroonian Senate is so that decentralized territorial districts are represented. The National Assembly will have more power than the Senate. Therefore, if the two houses are at an impasse during the legislative process, the National Assembly can pass legislation with an absolute majority. He also added that, if the President of the Republic is unable to assume his or her duties, the President of the Senate will take them on until a new President of the National Assembly is elected.

Mr. Guimdo Dongmo shared information on the composition of the Constitutional Council, the appointment of judges and the upholding of human rights.

B.   Meeting with the Right Honourable Djibril Yégué Cavayé, President of the National Assembly

Mr. Cavayé spoke about the important role Canada plays in Cameroon regarding international development, especially in the health field. He also mentioned the Cameroonian government’s desire to set up a Senate and the contribution that Canada could make. He mentioned that the government had implemented reform measures, expanding the Finance and Budget Commission’s mandate regarding the oversight of public finances.

C.   Meeting with the members of the Cameroon–Canada Parliamentary Friendship Group and the chairs of National Assembly commissions

The parliamentarians discussed various subjects, including the transparency of public accounts and the responsibility of the public administration, as well as human rights, freedom of the press and the electoral process. With regard to the transparency of public accounts and the responsibility of the public administration, the Cameroonian parliamentarians explained that certain articles in the Constitution addressed these issues, with an emphasis on asset disclosure. Parliamentary control is mostly about financial oversight, which is carried out by the parliamentary commission on finance. As at the time of the fact-finding mission, a Constitutional Council was yet to be established, the Supreme Court was responsible for enforcing the Constitution.

As regards human rights and the freedom of the press, the Cameroonian parliamentarians explained that Cameroon is a young democracy, having only adopted a multi-party system in 1990. As a result, it is facing difficulties enforcing its laws. Tribal differences and corruption are other issues the government is trying to address. Cameroon’s National Commission on Human Rights and Freedoms is working to increase awareness of human rights among the population.

The Cameroonian parliamentarians explained that Elections Cameroon (ELECAM) is responsible for organizing and overseeing elections. For the Senate elections, ELECAM used biometrics to establish its electoral list.

Some members of the delegation observed part of the electoral registration process, and, in their views, the Senate election went well overall.

D.   Meeting with Mr. Victor Yene Ossomba, Secretary General of the National Assembly

During the meeting, Mr. Ossomba indicated that Cameroon was interested in benefiting from Canada’s experience with a bicameral parliament, particularly regarding the relationship between the two houses.

The Secretary General indicated that the Senate is a new institution in Cameroon. The administrative service of the National Assembly is working to determine the structure of the Senate and how it will operate. The Senate will be considered the upper chamber.

The Canadian delegation indicated that by understanding the pursued objectives behind the establishment of the Senate, the delegation would be able to answer possible questions pertaining to the functioning of the Senate based on the Canadian experience.

E.   Meeting with H.E. Amadou Ali, Minister delegate at the presidency in charge of relations with assemblies

Mr. Ali explained that he acts as a liaison between the legislative branch and the executive branch. He told the delegation that the need for establishing a Senate was understood by the various political parties. He added that, unlike in Senegal where the population shares the same religious and tribal roots, Cameroon has a variety of languages and tribes. It is important for this diversity to be represented in the legislature. He also talked about issues surrounding the electoral process—primarily, voter identification—and documentation for refugees.

F.    Meeting with representatives from the United Nations Centre for Human Rights and Democracy in Central Africa

The members of the delegation learned that the United Nations Centre for Human Rights and Democracy in Central Africa (UNCHRD) was established in 2001 further to a request from the Member States of the Economic Community of Central African States (ECCAS) and a UN General Assembly decision, with resolutions passed on 5 December 1998 and 1 December 1999. The mandate of the UNCHRD is to promote human rights and democracy by reinforcing the capacity of institutions working in that area. The UNCHRD representatives explained that Cameroon has made progress in upholding human rights, especially as regards the rights of the LGBT (Lesbian, Gay, Bisexual and Transgender) community, and holding transparent and fair elections through the biometric system. However, there is still room for improvement in the area of integrating minority people groups and people with disabilities within Cameroonian society, and in the area of combating violence against women.

G.   Meeting with Cameroonian journalists

The journalists present indicated that a number of radio and television stations and newspaper agencies disseminate information in Cameroon. However, journalists lack appropriate training and do not have a code of ethics, which can taint the credibility of the information presented. The access to information legislation is another challenge, as it is not always enforced. Furthermore, the press does not have the funding required to be independent and impartial.

H.   Meeting with H.E. Pierre Moukoko Mbonjo, Minister for External Relations

The minister said that Canada and Cameroon were working on a number of joint projects, including many in the forest industry, and he expressed his desire that Canada become involved in the telecommunication and energy sectors. He mentioned that Cameroon had reached agreements with Australia, China and Germany for bauxite mining, mobile telephone development, and fertilizer production. He pointed out that Cameroon had ratified a number of international agreements and that the country had voted in a number of laws to fight human trafficking and female genital mutilation. The death penalty was abolished in Cameroon in 1982. As for the rights of homosexuals, the Minister noted that challenges still exist, but that this issue is a matter of public debate.

The minister also added that the decision to establish a Senate stems from the changes to the government structure in the revised version of Cameroon’s Constitution, enacted on 18 January 1996. Article 55 introduces the concept of decentralized territorial districts, which are considered legal entities under public law and have administrative and financial autonomy in the management of regional and local interests. These districts represent the regions and communes of Cameroon. Each is managed by a Regional Council made up of department delegates[1] and traditional chiefs.

Cameroon’s stated goal in establishing a Senate is to represent the interests of decentralized territorial districts in the legislative process. Although they have been defined, these districts are not yet entirely operational. Indeed, within the context of devolution, the government of the Republic and the regions and communes are still in the process of defining the jurisdictions of the districts and of the national government.

The Cameroonian government believes it will be able to hold Senate elections in 2013[2]. Senators will be elected by indirect vote in each of the territorial districts by an electoral college made up of local, regional and municipal councillors. However, since the territorial districts are not yet functional and the regional councillors have not yet been elected, the 14 April 2008 amendment to Article 67 of the Constitution states that the municipal councillors will, as a provisional measure, elect the Senators for their respective territorial districts.

Once established, the Senate will comprise 100 seats, 30 of which will be filled by individuals appointed to the Senate by the President of the Republic and 70 of which will be filled by elected Senators (specifically, 7 for each of the 10 decentralized territorial districts).

I.      Meeting with representatives of the CHOC project

The Change Habits, Oppose Corruption (CHOC) project was funded by Canada and other funding partners, including the European Union, the Netherlands, France and Great Britain. This project is in support of the National Strategy for the Fight against Corruption. It also supports government institutions such as the National Anti-Corruption Commission (CONAC), which is responsible for implementing this strategy.

During their time with the members of the delegation, the CHOC project representatives mentioned a lack of political will to fight corruption effectively. According to this NGO, Article 66[3] of the Constitution of 18 January 1996 was not enforced appropriately by the government. It pointed out that precarious living conditions in Cameroon are a key reason for the high level of corruption. CHOC believes that improving policies on salaries and finances could help address the rampant corruption.

Upon the return of the delegation in Canada, the documentation provided by the CHOC project representatives was transmitted to the Canadian members of GOPAC (Global Organization of Parliamentarians against Corruption) in order to assess the effectiveness of the CHOC project.

J.    Meeting with Rev. Dr. Dieudonné Massi Gams, Chair of the National Anti-Corruption Commission (CONAC)

The Rev. Dr. Dieudonné explained that CONAC was established in 2006. Under the authority of the Chief of State, CONAC reports to the President of the Republic and works with CHOC representatives on a regular basis. It also regularly interacts with civil society organizations and government departments on the ground to understand their views on corruption. These actions allow CONAC to identify the causes of corruption and propose solutions. He explained that CONAC also carries out awareness campaigns to change the population’s views through educational anti-corruption programs. The Commission is working on the second phase of its national strategy for the fight against corruption.

The Rev. Dr. Dieudonné explained that the Commission’s reports, sent to the President of the Republic, are also made public. The recommendations it makes are taken into account and implemented by the President. The Commission does not interact with the National Assembly, although a project is being developed to determine how the two could interact. The Rev. Dr. Dieudonné also mentioned that, as regards the executive branch, the services of the Supreme Audit Office assist the government in ensuring sound financial management at both the local and national levels. These services fall under the presidency of the Republic.

K.   Meeting with H.E. Henri Eyebe Ayissi, Minister delegate at the presidency in charge of the Supreme State Audit Office

Mr. Ayissi explained that the Cameroonian political system was based on a presidential system, where the President oversees the operation of the various institutions. The Supreme State Audit Office oversees the public accounts and ensures transparency in the management of public finances at the local and national levels. If violations occur, the offenders are called before a budget and financial disciplinary council and may even be tried in a court of law.

Mr. Ayissi explained that, once the Finance Law was adopted, it might bring about changes in the way the Finance and Budget Commission interacts with the Chief of State, in that observations made by the Commission may lead to action being taken by the budget and financial disciplinary council. He also indicated that the culture of transparency was a relatively new concept in Cameroon. M. Ayissi added that, given that the Supreme State Audit Office reports to the Presidency, it represents the Office and therefore is not audited. He indicated that auditors’ work could be improved through the work of the Conseil régional de formation des institutions supérieures de contrôle des finances publiques d’Afrique francophone subsaharienne.

L.    Meeting with representatives from civil society organizations

Representatives of civil society organizations indicated that Cameroon had ratified the Universal Declaration of Human Rights, the Charter of the United Nations, the African Charter on Human and Peoples’ Rights, and all international conventions, and integrated them into its Constitution. However, homosexuality is included in its criminal code (Article 347) and is punishable by imprisonment.

Representatives also provided information on the restrictions on the freedom of expression in Cameroun and youth involvement in politics.

M.   Meeting with H.E. Jules Doret Ndongo, Minister delegate to the Minister of Territorial Administration and Decentralization, in charge of decentralized territorial districts

Mr. Ndongo indicated that the ministry manages regional decentralization, catastrophe management and civil protection, together with regional and municipal authorities.  The ministry had also been responsible for the electoral process until this responsibility was transferred to ELECAM.

Mr. Ndongo explained that the decentralized territorial districts are responsible for education, health care and the road networks. However, two conditions must be met to form a territorial district: the unity of the country must not be compromised, and the district must prove its financial independence. For the Senate elections, given that the regional councils are not yet operational, the mayors and traditional chiefs will be responsible for electing senators.

N.   Meeting with Elections Cameroon (ELECAM)

The President of ELECAM, Dr. Samuel Fonkam Azu’u explained that Cameroonian government institutions want to improve the transparency of the upcoming senatorial election by ensuring that the irregularities noted in previous elections are not repeated. The proposed solution, which has the support of the various political parties and the public, is to use a biometric process to establish the electoral list. This revision of the electoral list started in October 2012 and was scheduled to end in February 2013, with the possibility of an extension. The voter registration period may only be interrupted by a presidential order launching the election.

ELECAM’s electoral process specifies that, upon the completion of balloting, the votes will be tallied and the protocols of results will be signed by the representatives of the political parties, the observers and the representatives of ELECAM. They will then be forwarded to a departmental supervision commission, made up of the President of the departmental high court, ELECAM representatives and representatives of the various political parties’ candidates. The results are then consolidated for each department and subsequently forwarded to the National Commission for the Final Counting of Votes in Yaoundé, which prepares a national compilation before transmitting the results to the Constitutional Council for the proclamation of the final results. The Council has 15 days from the date the polls close to proclaim the election results. Any challenges against the electoral lists or the voting results must be filed before the results are proclaimed by the Council; thus, anyone wishing to lodge such a complaint has 15 days in which to do so.

O.   Meeting with H.E. Philémon Yang, Prime Minister of Cameroon

During this meeting, Mr. Yang spoke about the ties of co-operation and collaboration between Cameroon and Canada. He mentioned that both were Commonwealth countries, and that his own country must overcome challenges as regards economic development. He also broached the topic of establishing a Senate, as stipulated in Cameroon’s 1996 Constitution, and the operation of the electoral process as part of the senatorial elections. He mentioned ELECAM’s role and that its mandate was inspired by that of Elections Canada.

Mr. Yang explained that the rules governing the Senate were to be drafted by the Senate itself, and that, at that time, there was no legislation to that effect. The Senate will be able to introduce legislation and examine legislation proposed by the National Assembly. If a conflict arises in the application of the rules of the two houses, the Constitutional Council will decide the issue. As regards the country’s economic development, he explained that Cameroon had an open market and recognized the importance of the private sector. Measures were also taken to attract foreign investors and combat corruption. Cameroon has ongoing projects in telecommunications and the sustainable development of natural resources. As regards human rights, efforts are being made to combat human trafficking and female genital mutilation. The death penalty has been abolished.

P.   Meeting with Mr. Jacques Etamé, Mayor of Édéa

In order to obtain the perspective of local elected officials on the establishment of a bicameral parliament, the delegation visited Édéa, a town located at approximately 170 km from Yaoundé. The district has 65,000 residents and it is one of the administrative regions in which the mayor and the municipal councillors are eligible to vote for senators.

At this meeting, Mr. Jacques Etamé, accompanied by his assistants and municipal councillors, met with the members of the delegation to discuss the purpose of having a Senate in Cameroon, the electoral process, preparing voter lists, and the fight against corruption. They indicated that establishing the Senate would make it easier for local elected officials to be represented at the national level, which would enrich the democratic process. As regards the voter lists, the process was carried out as planned; however, it was delayed in some remote territorial districts. The local elected officials from various political parties were in favour of the biometric system being used for the voter lists because it makes the electoral process more transparent. The opposition elected officials, however, criticized the lack of consultation in establishing the electoral code. The elected officials indicated that corruption is endemic, and that preventive measures must be taken to address it. They suggested respecting the rule of law and increasing political salaries.

The delegation was able to witness the decentralized system compared to the proposed bicameral system and how they viewed it.

Q.   Meeting with Rio Tinto Alcan

Rio Tinto Alcan is one of the five product groups which are operated by Rio Tinto, a leading international mining group and global supplier of minerals such as bauxite and aluminium.

Mr. Stéphane Bassene explained that Cameroon faces numerous obstacles that are slowing its industrial growth. Businesses have to overcome many challenges in order to maintain their competitiveness. For instance, energy supply problems forced Rio Tinto Alcan to operate at only 40% of its production capacity in 2011, and this had an impact on the company’s financial liquidity and working capital. Also, the Cameroonian labour force may be highly engaged, but its productivity is low and it is in need of adequate training. Corruption is yet another problem that is detrimental to improvement of the business environment.

3.    Conclusion

During individual and group discussions, the delegation exchanged information related to the role of the Senate of Canada as well as similarities that would exist with the Senate of Cameroon. By establishing the Senate, Cameroon is improving the representation of its decentralized territorial districts in parliament in order to strengthen national cohesion. The delegation also understands that there is a need to implement a communication mechanism between the National Assembly and the Senate of Cameroon. In addition, the delegation inquired about the rules and procedures of the Cameroonian Senate as well as the electoral process for Cameroonian senators.

As to the management of public accounts, the delegation found that efforts are still required to ensure greater transparency, in particular by actually applying Article 66 of the Constitution. Also, the delegation is of the opinion that CONAC should be an independent agency reporting to the National Assembly, so as to ensure it has greater autonomy in relation to the executive branch of government. The delegation noted that the Supreme State Audit Office should itself be audited by a body that is at arm’s length from the executive branch. However, the delegation acknowledges that the Cameroonian authorities are working to improve the level of transparency in the management of public accounts through the recent adoption of Finance Law 2012, which increases the authority of the National Assembly, in particular the Finance and Budget Commission, by allowing it to exercise control over expenditures. Nevertheless, the delegation found that the tools needed to apply such powers remain to be developed.

With respect to trade issues, the delegation commends the government’s efforts to improve transparency in the business sector by concluding negotiations with Canada on a Foreign Investment Promotion and Protection Agreement (FIPA) in November 2012. In the opinion of the delegation, however, the Cameroonian government could clean up the business environment by bringing in a more favourable taxation policy, improving the licensing process, and developing appropriate infrastructure to facilitate access to energy resources.

On the subject of human rights, the delegation took note of Cameroon’s desire to blend its culture and traditions in with the moral values of society. However, the delegation believes that Cameroon should decriminalize homosexuality.

4.    Acknowledgements

The delegation recognizes that this mission would not have been possible without the support of the High Commission of Canada in Yaoundé. It therefore wishes to thank the High Commissioner, His Excellency Jean Pierre Lavoie, and the members of his entire team, in particular Louis-Philippe Sylvestre and Joseph Peyo, for organizing meetings.

The delegation also wishes to express its appreciation to all those who took the time to meet with it and engage in honest and open discussions on the various issues that formed the subject of those meetings.

Respectfully submitted,