Law
No. 96-06 of 18 January 1996
to
amend the Constitution
of
2 June 1972
The
National Assembly has deliberated and adopted;
The
President of the Republic hereby enacts the law set out below:
CONSTITUTION
of
the Republic of Cameroon
PREAMBLE
We,
the people of Cameroon,
Proud
of our linguistic and cultural diversity, an enriching feature
of our national identity, but profoundly aware of
the imperative need to further consolidate our unity, solemnly
declare that we constitute one and the same Nation, bound by the
same destiny, and assert our firm determination to build the Cameroonian
Fatherland on the basis of the ideals of fraternity, justice and
progress;
Jealous
of our hard-won independence and resolved to preserve same;
convinced that the salvation of
Africa lies in forging ever-growing bonds of
solidarity among African Peoples, affirm our desire
to contribute to the advent of a united and free Africa, while
maintaining peaceful and brotherly relations
with the other nations of the
World, in accordance with the principles enshrined in the
Charter of the United Nations;
Resolved
to harness our natural resources in order to ensure the well-being
of every citizen without discrimination,
by raising living standards, proclaim our right to development
as well as our determination to devote all our efforts to that
end and declare our readiness to co-operate
with all States desirous of participating
in this national endeavour with
due respect for our sovereignty and the independence of
the Cameroonian State.
We,
the people of Cameroon,
Declare
that the human person, without distinction as to race, religion,
sex or belief, possesses inalienable and sacred
rights;
Affirm
our attachment to the fundamental freedoms enshrined in the Universal
Declaration of Human Rights, the Charter of
the United Nations and The African
Charter on Human and Peoples' Rights,
and all duly ratified international conventions relating thereto,
in particular, to the following principles:
- all persons shall have equal rights and obligations. The State
shall provide all its citizens with the conditions necessary
for their development;
- the State shall ensure the protection of minorities and shall
preserve the rights of indigenous populations in accordance
with the law;
- freedom and security shall be
guaranteed to each individual, subject
to respect for the rights of others and
the higher interests of the State;
- every person shall have the right to
settle in any place and to
move about freely, subject to the statutory provisions concerning
public law and order, security and tranquillity;
- the home is inviolate. No search may be conducted except by
virtue of the law;
- the privacy of all correspondence is inviolate. No
interference may be allowed except by virtue of decisions
emanating from the Judicial Power;
- no person may be compelled to do what the law does not prescribe;
- no person may be prosecuted, arrested or
detained except in the cases and according to the manner determined
by law;
- the law may not have retrospective effect.No person may be judged
and punished, except by virtue of a law enacted and published
before the offence committed;
- The law shall ensure the right of every person to a fair hearing
before the courts;
- every accused person is presumed innocent until found guilty
during a hearing conducted in strict compliance with
the rights of defence;
- every person has a right to
life, to physical and moral integrity and to humane treatment
in all circumstances. Under no circumstances shall any person
be subjected to torture, to cruel, inhumane or degrading treatment;
- no person shall be harassed on
grounds of his origin, religious, philosophical
or political opinions or beliefs, subject to respect for public
policy;
- the State shall be secular. The neutrality and independence
of the State in respect of all religions shall be guaranteed;
- freedom of religion and worship shall be guaranteed;
- 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;
- the Nation shall protect and promote the family
which is the natural foundation
of human society. It shall protect
women,the young, the elderly and the disabled;
- the State shall guarantee the
child's right to education. Primary education
shall be compulsory. The organization and supervision
of education at all levels shall be the bounden duty of the State;
- ownership shall mean the right guaranteed to every person by
law to use, enjoy and dispose of property.No person shall be deprived
thereof, save for public purposes and subject to the payment of
compensation under conditions determined by law;
- the right of ownership may not be exercised in violation of
the public interest or in such a way as
to be prejudicial to the security, freedom,
existence or property of other persons;
- every person shall have a right to a healthy environment. The
protection of the environment shall be
the duly of every citizen. The State shall ensure
the protection and improvement of the environment;
- every person shall have the right and the obligation to work;
- every person shall share in the burden of public expenditure
according to his financial resources;
- all citizens shall contribute to the defence of the Fatherland:
- the State shall guarantee all citizens of either sex the rights
and freedoms set forth in the Preamble of the Constitution.
Part
I
State
and Sovereignty
Article
1
(1)
The United Republic of Cameroon
shall, with effect from the date of entry into force of
this law, be known as Republic of Cameroon (Law No 84-1 of 4 February
1984).
(2)
The Republic of Cameroon shall be
a decentralized unitary State. It shall be one and indivisible,
secular, democratic and dedicated to social service.
It
shall recognize and protect traditional values that conform to
democratic principles, human rights and the
law.
It
shall ensure the equality of all citizens before the law.
(3)
The official languages of the Republic of Cameroon shall be English
and French, both languages having the same status. The State
shall guarantee the promotion of bilingualism
throughout the country. It shall endeavour to protect and promote
national languages.
(4)
Its motto shall be " Peace-Work-Fatherland ".
(5)
Its flag shall be three equal vertical stripes of green, red and
yellow charged with one gold star in the centre of the red
stripe.
(6)
Its national anthem shall be " O Cameroon, Cradle of our
Forefathers ".
(7)
The seal of the Republic of Cameroon shall be a circular medallion
in bas-relief, 46 millimetres in diameter,
bearing on the obverse and in the centre the head of girl in profile
turned to the dexter towards a coffee branch with two leaves and
flanked on the sinister by five cocoa pods, with the French
words "République du Cameroun" inscribed
below the upper edge and the national
motto " Paix- Travail-Patrie " inscribed above the lower
edge; on the reverse and in the centre
the coat of arms of the Republic of Cameroon,with the English
words "Republic of Cameroon" inscribed beneath the upper
edge and the national motto "Peace-Work-Fatherland
" inscribed above the lower edge.
The
coat of arms of the Republic of Cameroon shall be an escutcheon
surmounted chief by the legend "Republic of Cameroon"
and supported by two crossed fasces with the motto " Peace-Work-Fatherland
" base.
The
escutcheon shall be composed of a star on a field
vent and triangle gules, charged
with the geographical outline of Cameroon
azure, and surcharged with the sword and scales of justice sable.
(8)
The Capital of the Republic of Cameroon shall be Yaounde.
Article
2
(01)
National sovereignty shall be vested in the people of Cameroon
who shall exercise same either through the President of
the Republic and Members of Parliament or by way of referendum.
No section of the people or any individual shall arrogate to
itself or to himself the exercise thereof.
(02)
The authorities responsible for the management of the State shall
derive their powers from the people through election by direct
or indirect universal suffrage, unless otherwise provided for
in this Constitution.
(03)
The vote shall be equal and secret, and every citizen aged twenty
years and above shall be entitled to vote.
Article
3
Political
parties and groups shall help the electorate in the making of
voting decisions. They shall be bound
to respect
the
principles of democracy, national sovereignty and unity. They
shall be formed and shall exercise their activities in accordance
with the law.
Article
4
State
power shall be exercised by:
-
The President of the Republic;
-
Parliament.
PART
II
Executive
Power
CHAPTER
I
The
President of the Republic
Article
5
(1)
The President of the Republic shall be the Head of State.
(2)
Elected by the whole Nation, he shall be the symbol of national
unity.
He
shall define the policy of the nation.
He
shall ensure respect for the Constitution.
He
shall, through his arbitration, ensure the proper functioning
of public authorities
He
shall be the guarantor of the independence
of the Nation and of its territorial integrity, of the permanency
and continuity of the State and of the respect of international
treaties and agreements.
Article
6
The
President of the Republic shall be elected by a majority of the
votes cast through direct, equal and secret universal suffrage.
(2)
The President of the Republic shall be elected for a term of office
of 7 (seven) years. He shall be eligible for re-election once.
(3)
The election shall be held not less than 20 (twenty) days and
not more than 50 (fifty) days before the expiry of the term of
the President of the Republic in office.
(4)
Where the office of President of the Republic becomes vacant as
a result of death, resignation or permanent incapacity duly
ascertained by the Constitutional Council, the polls for
the election of the new President of the Republic
must be held not less than 20 (twenty) days and not more than
40 (forty) days after the office becomes vacant.
(a)
The President of the Senate shall as of right act as interim President
of the Republic until the new
President of the Republic is elected. Where the President
of the Senate is unable to exercise these powers, the shall
be exercised by his Vice, following the order
of precedence.
(b)
The interim President of the Republic – the President of the senate
or his Vice - may neither amend the Constitution nor the composition
of the Government. He may not organize a referendum or run for
the office of President of the Republic.
(5)
Candidates for the office of President of the Republic must be
Cameroonian by birth, enjoy their civic and political rights and
must have attained the age of 35 (thirty-five) by the date of
the election.
(6)
the conditions for electing the President of the Republic
shall be laid down by law.
Article
7.
(1)
The president-elect shall assume office once he has been sworn
in.
(2)
He shall take the oath of
office before the Cameroonian people,
in the presence of the members of parliament, the
Constitutional Council and the Supreme Court meeting in solemn
session.
He
shall be sworn in by the President of the National Assembly.
(3)
The wording of the oath and the procedure for
implementing the provisions of paragraphs (1) and above shall
be laid down by law.
(4)
The office of President of the Republic shall be incompatible
with any other elective public office or professional activity.
Article
8.
(1)
The President of the Republic shall represent the State in all
acts of public life.
(2)
He shall be Head of the Armed Forces.
(3)
He shall ensure the internal and external security of the Republic.
{4)
He shall accredit ambassadors and envoys extraordinary to foreign
powers. The ambassadors and envoys extraordinary of
foreign powers shall be accredited to him.
(5)
The President of the Republic shall enact laws as provided for
in Article 31 below.
(6)
The President of the Republic shall refer matters to
the Constitutional Council under the
conditions laid down by the Constitution.
(7)
He shall exercise the right of clemency after consultation with
the Higher Judicial Council.
(8)
He shall exercise statutory authority.
(9)
He shall set up and organize the administrative services of the
State.
(10)
He shall appoint to civil and military posts of the State.
(11)
He shall confer the decorations and honorary distinctions of the
Republic.
(12)
The President of the Republic may, if necessary and after consultation
with the Government, the Bureaux of the National Assembly
and the Senate, dissolve the National
Assembly. The election of a new Assembly shall take place in accordance
with the provisions of Article 15 (4)
Article
9
(1)
The President of the Republic may, where circumstances so warrant,
declare by decree a state of emergency which shall confer upon
him such special powers as may be provided for by law.
(2)
In the event of a serious threat to the nation's territorial integrity
or to its existence, its independence or institutions,
the President of the Republic may declare a state of siege by
decree and take any measures as he may deem
necessary.
He
shall inform the Nation of his decision by message.
Article
10
(1)
The President of the Republic shall appoint the Prime Minister
and, on the proposal of the latter, the other
members of Government.
He
shall define their duties.
He
shall terminate their appointment.
He
shall preside over the Council of Ministers.
(2)
The President of the Republic may delegate some of his powers
to the Prime Minister, other members of Government and any other
senior administrative officials of the State, within the framework
of their respective duties.
(3)
Where the President of the Republic is temporarily unable to perform
his duties, he shall delegate the Prime Minister and, should the
latter also be unavailable, any other member of Government to
discharge his duties within the framework
of an express delegation of some of his powers.
CHAPTER
II
The
Government
Article
11
The
Government shall implement the policy of the nation as defined
by the President of the Republic.
It
shall be responsible to the National Assembly under the conditions
and procedures provided for in Article 34 below.
Article
12.
(1)
The Prime Minister shall be the Head of Government and shall direct
its action.
(2)
He shall be responsible for the enforcement
of the laws.
(3)
He shall exercise statutory authority and appoint to civil posts,
subject to the prerogatives of the President of the Republic
in such areas.
(4)
He shall direct all the government services required for the accomplishment
of his duties.
(5)
He may delegate some of his powers to members of Government and
to senior State officials.
Article
13
The
office of member of Government and any office ranking as such
shall be incompatible with that of member of Parliament,
Chairman of the Executive or Assembly of a local or regional authority,
leader of a national professional association, or
with any other employment or professional activity.
PART
III
Legislative
Power
Article
14
(1)
Legislative power shall be exercised by the Parliament which shall
comprise 2 (two) Houses :
(a)
The National Assembly;
(b)
The Senate.
(2)
Parliament shall legislate and control Government action.
(3)
Both Houses 01 Parliament shall meet on the same dates:
(a)
in ordinary session during the months 01 June, November and March
each year, when convened by the Bureaux
01 the National Assembly and the Senate after consultation
with the President 01 the Republic;
(b)
in extraordinary session, at the request 01 the President of the
Republic or of one-third of the members of both Houses.
However,
the two Houses shall be convened simultaneously only if the business
of the day concerns both of them.
(4)
The two Houses of Parliament shall meet in congress at the request
of the President of the Republic in arder to :
-
be addressed by or receive a message from the President of the
Republic ;
-
receive the oath of members of the Constitutional Council ;
-
take a decision on a draft or proposed constitutional amendment.
When
Parliament meets in congress, the Bureau the National Assembly
shall preside over the proceedings.
(5)
No person, shall be member of both the National Assembly and the
Senate.
(6)
The conditions for the election of members of the National
Assembly and of the Senate, as
well as the immunities, ineligibilities, incompatibilities,
allowances and privileges of the members of Parliament shall be
determined by law.
CHAPTER
I
The
National Assembly
Article
15.
(1)
The National Assembly shall comprise 180 (one hundred and
eighty) members elected by direct and
secret universal suffrage for a five-year term of office.
The
number of members of the National Assembly may be modified by
law.
(2)
Each member of the National Assembly shall represent the entire
Nation.
(3)
Any imposed mandate shall be null and void.
(4)
In case of serious crisis, the President of the Republic may,
after consultation with the President
of the Constitutional Council and Bureaux of the National
Assembly to decide, by a law, to extend or abridge its term of
office. In this case, the election of
a new Assembly shall take place not less than 40 (forty) days
and not more than 60 (sixty) days
following the expiry of the extension or abridgement period.
Article
16.
(1)
At the beginning of each legislative year, the National Assembly
shall meet as of right in ordinary
session under the conditions laid down by law.
(2)
Each year, the National Assembly shall hold 3 (three) ordinary
sessions, each lasting not more than 30 (thirty) days.
(a)
At the opening of its first ordinary session, the National Assembly
shall elect its President and Bureau members.
(b)
The National Assembly shall, during one of its sessions, adopt
the State budget. Where such budget is not adopted
before the end of the current financial year, the President of
the Republic shall be empowered to
extend the previous budget by one-twelfth until a
new one is passed.
(3)
The National Assembly shall meet in extraordinary session for
not more than 15 (fifteen) days on a specific agenda
and at the request of the President of the
Republic or of one-third of its members. The
extraordinary
session shall wind up as soon as
the agenda for which it was convened is exhausted.
Article
17
(1)
Sittings of the National Assembly shall be public. Exceptionally,
the National Assembly may hold sittings in camera at
the request of the President of the Republic or of an absolute
majority of its members.
(2)
The National Assembly shall, in a law, draw up its standing orders.
Article
18
(1)
The agenda of the National Assembly shall be drawn up by the Chairmen's
conference.
(2)
The Chairmen's conference shall be composed of Presidents of
Parliamentary Groups, Chairmen of Committees
and members of the Bureau of the National Assembly. A member of
Government shall participate in the conference meeting.
(3)
Only bills falling within its area of jurisdiction by virtue of
Article 26 below may be included in the agenda of the
National Assembly.
(a)
Ali private members' bills and amendments which, if passed, would
result in the reduction of public funds
or in an increase of public charges without a corresponding
reduction in other expenditure or the grant of equivalent new
supply of funds, shall be inadmissible.
(b)
Any doubt or dispute on the admissibility of a bill shall be referred
by the President of the Republic, the President
of the National Assembly or by one-third of the members
of the National Assembly to the Constitutional Council for a ruling.
(4)
The agenda shall give priority, and in the order decided by the
Government, to the consideration of the government
bills and private members' bills accepted by it. The other private
members' bills admitted by the Chairmen's Conference shall be
considered subsequently.
Where
a private members' bill has not been considered during two successive
ordinary sessions, it shall automatically
be considered at the very next ordinary session.
(5)
Any item on the agenda shall, at the request of the Government,
be treated as a matter of urgency.
Article
19.
(1)
Laws shall be passed by a simple majority of the members of the
National Assembly.
(2)
Bills submitted to the National Assembly for
reconsideration by the Senate shall
either be passed or rejected in
accordance with Article 30 below.
(3)
The President of the Republic may, before enacting any law, ask
for a second reading. In such case, bills shall be passed
by an absolute majority of the members of the National Assembly.
CHAPTER
II
The
Senate
Article
20.
(1)
The Senate shall represent the regional and local authorities.Each
region shall be represented in the Senate by
10 (ten) Senators of whom 7 (seven) shall be elected by indirect
universal suffrage on a regional basis and 3 (three) appointed
by the President of the Republic.
(3)
Candidates for lhe post of Senator and personalities appointed
to lhe post of Senator by lhe President of lhe Republic must have
attained lhe age of 40 (forty) by lhe date of lhe election or
appointment.
(4)
Senators shall serve a term of 5 (five) years.
Article
21
(1)
At the beginning of each legislative year, lhe Senate
shall meet as of right in ordinary session
under lhe conditions laid down by law.
(2)
Each year, lhe Senate shall hold 3 (three) ordinary sessions,
each lasting not more than 30 (thirty) days.
At
lhe opening of its first ordinary session, lhe Senate shall elect
its President and Bureau members.
(3)
The Senate shall meet in extraordinary session for not more than
15 (fifteen) days on a specific agenda and at lhe request of lhe
President of lhe Republic or of one-third of its members.
The
extraordinary session shall wind up as soon as lhe agenda for
which it was convened is exhausted.
Article
22
(1)
Sittings of the Senate shall be public. Exceptionally, the Senate
may hold sittings in camera at the request of the President
of the Republic or of an absolute majority of its members.
(2)
The Senate shall, in a law, draw up its standing orders.
Article
23
(1)
The agenda of the Senate shall be drawn up by the Chairmen's conference.
(2)
The Chairmen's conference shall be composed
of Presidents of Parliamentary Groups,
Chairmen of Committees and members of the Bureau
of the Senate. A member of Government shall participate in the
conference meeting.
(3)
Only bills falling within its area of jurisdiction by virtue of
Article 26 below may be included in the agenda of the Senate.
(a)
Ali private members' bills and amendments which, if passed, would
result in the reduction of public funds or in an increase of public
charges without a corresponding reduction in other expenditure
or the grant of equivalent new supply of funds, shall
be inadmissible.
(b)
Any doubt or dispute on lhe admissibility of a bill shall be referred
by lhe President of the Republic, the President of
the Senate or one-third of lhe Senators to the Constitutional
Council for a ruling.
(4)
The agenda shall give priority, and in lhe arder decided by the
Government, to lhe consideration of l he government
bills and private members' bílis accepted by it. The other
private members' bílis admitted by the Chairmen's Conference shall
be considered subsequently.
Where
a private members' bill has not been considered during
two successive ordinary sessions, it
shall automatically be considered at lhe very next
ordinary session.
(5)
Any item on lhe agenda shall, at lhe request of the Government,
be treated as a matter of urgency.
Article
24
(1)
Laws shall be passed by a simple majority of lhe Senators.
(2)
The Senate may amend or reject ali or part of a bill submitted
to it for consideration, in accordance with Article 30 below.
(3)
The President of the Republic may, before enacting a law, ask
for a second reading. In such case, bills shall be passed
by an absolute majority of the Senators.
PART
IV
Relations
Between the Executive and Legis/ative Powers
Article
25.
Bills
may be tabled either by the President of the Republic or by members
of parliament.
Article
26.
(1)
Bills shall be passed by Parliament.
(2)
The following shall be reserved to the Legislative Power:
(a)
The fundamental rights, guarantees ad obligations of the citizen:
1.
safeguarding individual freedom and security;
2.
the rules governing public freedoms;
3.
labour legislation, trade union legislation, rules governing social
security and insurance;
4.
the duties and obligations of the citizen in respect of national
defence requirements.
(b)
The status of persons and property ownérship
system:
1.
nationality, status of persons, matrimonial system, succession
and gifts;
2.
rules governing civil and commercial obligations;
3.
movable and immovable property ownership system.
(c)
The political, administrative and judicial organization:
1.
rules governing election of the President of the Republic and
elections into the National Assembly, the Senate, Regional and
Local Bodies and referendum operations;
2.
rules governing associations and political parties;
3.
the organization, functioning, powers and resources of regional
and local authorities;
4.
general rules governing the organization of national defence;
5.
judicial organization and the creation of various types of courts;
6.
the definition of felonies and misdemeanours and the institution
of penalties of ali kinds, criminal procedure, civil procedure,
measures of execution, amnesty.
(d)
The following financial and patrimonial matters:
1.
rules governing the issue of currency;
2.
the budget;
3.
the creation of duties and the determination of their basis of
assessment, rates and methods of collection;
4.
land tenure, State lands and mining;
5.
natural resources.
(e)
Programming the objectives of economic and social action.
(f)
The system of education.
Article
27
Matters
not reserved to the legislative power shall come under the jurisdiction
of the authority empowered to issue rules
and regulations.
Article
28
(1)
However, with regard to lhe subjects listed in Article 26 (2)
above, Parliament may empower lhe President of the Republic to
legislate by way of ordi- ,nance for a limited period and for
given purposes
(2)
Such ordinances shall enter into force on lhe date of their publication.They
shall be tabled before lhe bureaux of lhe National Assembly and
lhe Senate for purposes of ratification within lhe time-limit
laid down by the enabling l aw. They shall
be of a statutory nature as long as they have not
been ratified.
(3)
They shall remain in force as long as Parliament has not refused
to ratify them.
Article
29
(1)
Government bills and private members' bills shall be tabled at
lhe same time before the bureaux of lhe National
Assembly and lhe Senate. They shall be studied by lhe appropriate
committees prior to their being debated in plenary session.
(2)
The bill debated in plenary session shall be that tabled by lhe
President of the Republic. The private members' bill debated in
plenary session shall be lhe next tabled by its author or authors.
(3)
Such bills may be amended in the course of the Idebate.
Article
30
(1)
A bill passed by the National Assembly shall be immediately forwarded
to the President of the Senate by the President
of the National Assembly.
(2)
The President of the Senate shall, upon receiving the bill forwarded
by the President of National Assembly, submit it to
the Senate for consideration. (3) Within 10 (ten) days, with effect
from the date of receipt of the bill or 5(five) days for a bill
declared urgent by the Government, the Senate may:
(a)
Pass the bill.
In
which case, the President of the Senate shall return the adopted
bill to the President of the National Assembly
who shall forward same within 48 (fortyeight) hours
to the President of the Republic for enactment.
(b)
Amend the bill.
Such
amendment must be approved by a simple majority of the Senators.
In
which case, the amended bill shall
be returned to the National Assembly
by the President of
the Senate for reconsideration. The amendment
proposed by the Senate shall be passed or rejected by a simple
majority of the members of the National Assembly.
The
final bill adopted shall be forwarded
by the President of the National
Assembly to the President of the Republic for enactment.
(c)
Reject ali or part of the bill.
Such
rejection must be approved by an absolute majority of the senators.
In
which case, the rejected bill with reasons there for shall be
returned to the National Assembly by the President
of the Senate for reconsideration.
1.
The National Assembly shall, after deliberations, pass the bill
by absolute majority of its members. The final bill adopted
by the National Assembly shall be forwarded to the President of
the Republic for enactment.
2.
Where an absolute majority cannot be reached, the President of
the Republic may convene a meeting of
a joint commission comprising equal representation of both houses
to propose a common formulation of
lhe provisions rejected by lhe Senate.
The
text prepared by lhe joint commission shall be submitted to both
Houses by lhe President of lhe Republic
for approval.
No
amendment shall be admissible, except with lhe approval of lhe
President of lhe Republic.
Where
the joint commission fails to agree on a common text, or where
such text is not adopted by both Houses, lhe President of lhe
Republic may:
-
either request lhe National Assembly to take a final decision
thereon; or
-
declare lhe government bill or private members' bill null and
void.
Alticle
31
(1)
The President of lhe Republic shall enact laws passed by Parliament
within 15 (fifteen) days of their being forwarded to him
unless he requests a second reading or refers lhe matter to lhe
Constitutional Council.
(2)
Upon the expiry of this deadline, and after establishing the failure
of the President of the Republic to act,the President of the National
Assembly may himself enact the law.
(3)
Laws shall be published in the Official Gazette of the Republic
in English and French.
Article
32
The
President of Republic may, at his request, address the National
Assembly, the Senate or the two
Houses meeting in congresso He may also send messages
to them; but no such address or message may be debated in his
presence.
Article
33
The
Prime Minister and the other members. Of Government
shall have access to Parliament
and may participate in its deliberations.
Article
34
(1)
At the session during which the finance bill is considered, the
Prime Minister shall present to the National
Assembly the Government's economic,financial, social and
cultural programme.
(2)
The Prime Minister may, after the deliberations of the Council
of Ministers, commit the responsibility
of the Government before the National
Assembly on a programme ar, as the case may be, on a general policy
statement.
Voting
shall take place not less than 48 (forty-eight) hours after
the vote of no confidence has been requested.
A
vote of no confidence shall be passed by na absolute majority
of the members of the National Assembly. Only votes against
a vote of confidence shall be counted.
(2) The National Assembly may question the responsibility of the
Government through a motion of censure. Such motion
may be admissible only when it is signed by at last one-third
of the members of the National Assembly. Voting shall take
place
not less than 48 (forty-eight) hours after the motion has been
tabled. A motion of censure shall be passed by a two-third majority
of the members of the National Assembly. Only votes in favour
of a motion of censure shall be counted.
Where
a motion of censure is rejected,
its signatories may not propose a new motion before a period of
one year except as provided for in paragraph (4) below.
(4)
The Prime Minister may, after the deliberations of the Council
of Ministers, commit t he responsibility
of the Government before the National Assembly on
the adoption of a bill. In such case,the bill may be considered
adopted, except where a motion of censure tabled within the next
24 (twenty-four) hours is passed under the conditions provided
for in the preceding paragraph.
(5)
Where the National Assembly adopts a motion of censure or passes
a vote of no confidence, the Prime Minister shall tender the resignation
of the Government to the President of the Republic.
(6)
The President of the Republic may re-appoint the Prime Minister
and ask him to form a new Government.
Article
35
(1)
The Parliament shall contrai Government
action through oral br written questions and by setting up committees
of inquiry with specific terms of reference.
(2)
The Government shall, subject to the imperatives of national defence,
the security of the State or the secrecy
of criminal investigation, furnish any explanations and
information to Parliament.
(3)
During each ordinary session, a special sitting shall be set aside
each week for question time.
Article
36
(1)
The President of lhe Republic may, after consulting with lhe President
of lhe Constitutional Council, the
President of lhe National Assembly and the President
of lhe Senate, submit to a referendum any reform bill which, although
normally reserved to lhe Legislative Power, could have profound
repercussions on the future of the Nation and national institutions.
This
shall apply in particular to:
(a)
bills to organize public authorities or to amend lhe Constitution;
(b)
bills to ratify international agreements or treaties having particularly
important consequences;
(c)
certain reform bills relating to he law on persons arid property.
(2)
Such bills shall be adopted by a majority of votes casto
(3)
The referendum procedure shall be laid down by law.
PART
V
Judicial
Power
Article
37
(1)
Justice shall be administered in the territory of the Republic
in the name of the people of Cameroon.
(2)
Judicial power shall be exercised by the Supreme Court,
Courts of Appeal and Tribunais.
The Judicial Power shall be independent
of the executive and legislative powers. Magistrates of the bench
shall, in the discharge of their duties, be governed only by the
law and their conscience.
(3)
The President of the Republic shall guarantee the independence
of judicial power. He shall appoint members of
the bench and for the legal department. He shall be assisted
in this task by the Higher Judicial Council which shall give him
its opinion on ali nominations for the bench and on disciplinary
action against judicial and legal officers. The organization
and functioning of the Higher Judicial Council
shall be defined by law.
Article
38
(1)
The Supreme Court shall be the highest court of lhe State in legal
and administrative matters as well as in the appraisal
of accounts.(2) It shall comprise:
-
a judicial bench;
-
an administrative bench;
-
an audit bench.
Article
39
The
judicial bench shall give final rulings on:
-
appeals accepted by law against final rulings given by the various
courts and tribunais of the judicial system;
-
judgements passed by the lower courts of the judicial system that
have become final in cases where the application of the law is
challenged;
-
ali matters expressly devolving upon it by law.
Article
40
The
administrative bench shall examine ali the administrative disputes
involving the State and other public authorities. It shall:
-
examine appeals on regional and council election f disputes; -
give final rulings on appeals against final judgements passed
by lower courts in cases of administrative disputes;
-
examine any other disputes expressly devolving upon it by law.
I
Article
41
The
audit bench shall be competent to contrai and rrule on public
accounts, as well as on those of
public and semi-public enterprises.
It
shall:
-
give final rulings on final judgements passed by lower audit courts;
-
examine any other matters expressly devolving upon it by law.
Article
42
(1)
The organization, functioning, composition and I duties of lhe
Supreme Court and lhe benches it comprises, the
conditions for referring matters to them as well as lhe procedure
applicable before them shall be laid down by law.
(2)
The organization, functioning, composition and duties of the Courts
of Appeal and judicial, administrative
and lower audit benches as well as the conditions
for referring matters to them and the procedure applicable before
them shall be laid down by law.
PART
VI
Treaties
and International Agreements
Article
43
The
President of the Republic shall negotiate
and ratify treaties and international
agreements. Treaties an international agreements
falling within the area of competence of the Legislative
Power as defined in Article 26 above shall be submitted to Parliament
for authorization to ratify.
Article
44
Where
the Constitutional Council finds a provision of a treaty or of
an international agreement unconstitutional, authorization
to ratify and the ratification of the said treaty or agreement
shall be deferred until the Constitution is amended.
Article
45
Duly
approved or ratified treaties and international agreements shall,
following their publication, override national laws, provided
lhe other party implements lhe said treaty or agreement.
PART
VII
The
Constitutional Council
Article
46
The
Constitutional Council shall have jurisdiction in matters pertaining
to lhe Constitution. It shall rule on the constitutionality of
laws. It shall be lhe organ regulating lhe functioning of lhe
institutions.
Article
47
(1)
The Constitutional Council shall give a final ruling on:
-
the constitutionality of laws, treaties and international agreements;
-
the constitutionality of lhe standing orders of lhe National Assembly
and lhe Senate prior to their implementation;
-
conflict of powers between State institutions; between lhe State
and lhe Regions, and between the Regions.
(2)
Matters may be referred to lhe Constitutional
Council by lhe President of lhe Republic,
the President of the National Assembly,
lhe President of lhe Senate, one-third of lhe members of the National
Assembly or one-third of the Senators.
Presidents
of regional executives may reter matters to lhe Constitutional
Council whenever the interests of their Regions are
at stake.
(3)
Laws as well as treaties and internationat agreements may, prior
to their enactment, be referred to the Constitutional Council
by the President of lhe Republic, the President of the National
Assembly, the President of the Senate, one-third of lhe
members of the National Assembly, one-third of lhe Senators, or
the Presidents of regional executives pursuant to the provisions
of paragraph (2) above.
Enactment
deadlines shall cease to lapse once na instrument has been referred
to the Constitutional Council.
(4)
The Constitutional Council shall advice in matters falling under
its jurisdiction.
Article
48
(1)
The Constitutional Council shall ensure the regularity
of presidential elections, parliamentary
elections and referendum operations. It shall proclaim
the results thereof.(2) Any challenges in respect of the regularity
of one of the elections provided for in the preceding paragraph
may be brought before the Constitutional Council by any candidate,
political party that participated in the election
in the constituency concerned or any person acting as Government
gent at the electlon.
(3)
Any challenges in respect of the regularity ofa referendum may
be referred to the Constitutional Council by the President
of the Republic, the President of the National Assembly, the President
of the Senate, one-third of the members
of the National Assembly or one-third of the Senators.
Article
49
In
any case, the Constitutional Council shall give ruling within
a period of 15 (fifteen) days once a matter has been referred
to it.
However,
at the request of the President of the Republic, such time-limit
may be reduced to 8 (eight) days.
Article
50
(1)
Rulings of the Constitutional Council shall not be subject
to appeal. They shall be binding
on ali public, administrative, military and
judicial authorities, as well as on ali natural persons and corporate
bodies.
(2)
A provision that has been declared unconstitutional may not be
enacted or implemented.
Article
51
(1)
The Constitutional Council shall comprise 11 (eleven) members
designated for a non-renewable term of
office of 9 (nine) years.
These
members shall be chosen from among personalities of established
professional renown.
They
must be of high moral integrity and proven competence.
(2)
Members of the Constitutional Council shall be appointed by the
President of the Republic. They
shall be designated as follows:
-
three, including the President of the Council, by the President
of the Republic;
-
three by the President of the National Assembly after consultation
with the Bureau;
-
three by the President of the Senate after consultation with the
Bureau;
-
two by the Higher Judicial Council.
Besides
the eleven members provided for above,
former Presidents of the Republic
shall be ex-officio members of the
Constitutional Council for life.
In
case of a tie, the President of the Constitutional Council shall
have the casting vote.
(3)
In the event of the death or resignation of a member or any other
cause of incapacity or inability duly
established by the competent bodies provided for by
law, a replacement shall be designated by the competent authority
or body concerned and appointed to complete
the term of office.
(4)
Members of the Constitutional Council shall take the oath
of office as laid down by
law before Parliament meeting in congress.
(5)
The cuties of member of the Constitutional Council shall be incompatible
with those of member of Government, of member of Parliament
or of the Supreme Court. Other incompatibilities
and matters relating to the status
of members, namely obligations, immunities and privileges
shall be laid down by law.
Article
52
A
law shall lay down the organization and functioning of the Constitutional
Council, the conditions for referring
matters to it as well as the procedure applicable before
it.
PART
VIII
The
Court of Impeachment
Article
53
(1)
The Court of Impeachment shall have jurisdiction, in respect of
acts committed in the exercise of their functions, to
try the President of the Republic for high treason and the
Prime Minister, members of Government and persons ranking
as such and senior government officials to whom powers
have been delegated in pursuance of Articles
10 and 12 above, for conspiracy
against the security of the State.
(2)
The organization, composition and the conditions under which matters
shall be referred to it as
well as the procedure applicable before the
Court of Impeachment shall be laid down by law.
PART
IX
The
Economic and Social Council
Article
54
There
shall be and Economic and Social Council whose composition, duties
and organization shall be laid down by law.
PART
X
Regional
and Local Authorities
Article
55
(1)
Regional and local authorities of the Republic shall comprise
Regions and Councils.
Any
other such authority shall be created by law.
(2)
Regional and local authorities shall be public law corporate bodies.
They shall have administrative and financial autonomy in the management
of regional and local interests. They shall be freely administered
by councils elected under conditions
laid down by law.
The
duty of the councils of regional and local authorities shall be
to promote the economic, social, health, educational, cultural
and sports development of the said authorities.
(3)
The State shall exercise supervisory powers over regional and
local authorities, under conditions laid down by law.
(4)
The State shall ensure the harmonious development of ali the regional
and local authorities on the basis of national solidarity, regional
potentials and inter-regional balance.
(5)The
organization, functioning and financial regulations of regional
and local authorities shall be defined by law.
(6)
The rules and regulations governing councils shall be defined
by law.
Article
56
(1)
The State shall transfer to Regions, under çonditions laid down
by law, jurisdiction in areas necessary for
their economic, social, health, educational, cultural and
sports development.
(2)
The law shall define:
-
the sharing of powers between the State and Regions in the areas
of competence so transferred.
(3)
The resources of the Regions.
(4)
The land and property of each Region.
Arlicle
57
(1)
The organs of the Region shall be the Regional Council and the
President of the Regional Council.
The
Regional Council and the President of the Regional Council shall
function within the framework of powers transferred to the Region
by the State.
(2)
The Regional Council shall be the deliberative organ of the Region.
Regional Councillors whose term of office shall be 5 (five) years
shall comprise :
-
divisional delegates elected by indirect universal suffrage;
-
representatives of traditional rulers elected by their peers.
The
Regional Council shall reflect the various sociological components
of the Region.
The
system of election, number, proportion
by category, rules governing ineligibility,
incompatibilities and
emoluments of Regional Councillors shall be laid down by law.
(3)
The Regional Council shall be headed by na indigene of the Region
elected from among its members for
the life of the Council.
The
President of the Regional Council shall be the executive organ
of the Region. In this capacity, he shall be the interlocutor
of the State representative. He
shall be assisted by a Regional Bureau elected at
lhe same time as himself from
among lhe members of the Council. The Regional Bureau shall
reflect the sociological components of lhe Region.
(4)
Members of Parliament of the Region shall sit in lhe Regional
Council in an advisory capacity.
Article
58
(1)
A delegate, appointed by the President of the Republic shall represent
the State in the Region. In this capacity,
he
shall be responslble for national interests, administrative
control, ensuring compliance with laws and regulations, as well
as maintaining law and order. He shall, under the authority
of lhe Government, supervise and co-ordinate civil State services
in the Region.
(2)
He shall exercise the supervisory authority of the State over
the Region.
Article
59
(1)
The Regional Council may be suspended by the President of the
Republic where such organ:
-
carries out activities contrary to the constitution;
-
undermines lhe security of the State or public law and order;
-
endangers the State's territorial integrity.
The
other cases of suspension shall be laid down by law.
(2)
The Regional Council may be dissolved by lhe President of the
Republic, after consultation with lhe Constitutional Council in
ali the cases provided for under paragraph (1) above.
The
other cases of dissolution shall be laid down by law.
(3)
The automatic replacement of the said organ by the State in the
cases provided for under paragraphs (1) and (2) above shall
be decided by the President of the Republic.
(4)
The conditions of implementation of this article shall be determined
by law.
Article
60
(1)
The President and the Bureau of lhe Regional Council may be suspended
by the President of l he Republic
where such organs:
-
carry out activities contrary to the Constitution;
-
undermine the security of the State or public law and arder;
-
endanger the State's territorial integrity.
The
other cases of suspension shall be laid down by law.
(2)
The President and the Bureau of the Regional Council may be dismissed
by the President of the Republic, after consultation with lhe
Constitutional Council in ali the cases provided for under paragraph
(1)
above.
The
other cases of dismissal shall be laid down by law.
(3)
The automatic replacement of the said organs by the State in the
cases provided for under paragraphs (1) and (2) above shall be
decided by the President of the Republic.
(4)
The conditions of implementation of this article shall be determined
by law.
Article
61
(1)
The following provinces shall become Regions:
-
Adamaoua;
-
Centre;
-
East;
-
Far North;
-
Littoral;
-
North.
-
North-West;
-
West;
-
South;
-
South-West.
(2)
The President of the Republic may, as and when necessary:
a)
change the names and modify the geographical boundaries of the
Regions listed in paragraph (1) above;
b)
create other Regions. In this case, he shall give them names and
fix their geographical boundaries.
Article
62
(1)
The aforementioned rules and regulations shall apply to ali regions.
(2)
Without prejudice to the provisions of this Part, the law may
take into consideration the specificities of certain Regions with
regard to their organization and functioning.
PART
XI
Amendment
of the Constitution
Article
63
(1)
Amendments to the Constitution may be proposed either by the President
of the Republic or by Parliament.
(2)
Any proposed amendment made by a member of Parliament shall be
signed by at least one-third of the members of either House.
(3)
Parliament shall meet in congress when called upon to examine
a draft or proposed amendment. The amendment shall be adopted
by an absolute majority of lhe members of Parliament. The President
of the Republic may request a second reading; in which
case lhe amendment shall be adopted by a two-third majority of
lhe members of Parliament.
(4)
The President of lhe Republic may decide to submit any bill to
amend lhe Constitution to a referendum; in which case
lhe amendment shall be adopted by a simple majority of lhe votes
cast.
Article
64
No
procedure for lhe amendment of lhe Constitution affecting lhe
republican form, unity and territorial integrity of lhe State
and lhe democratic . principies which govern lhe Republic shall
be accepted.
PART
XII
Special
Provisions
Article
65
The
Preamble shall be part and parcel of this Constitution.
Article
66
The
President of lhe Republic, lhe Prime Minister, Members of Government
and persons ranking as such, the President
and Members of lhe Bureau of lhe National Assembly, lhe
President
and Members of the bureau of
the Senate, Members of Parliament, Senators,
all holders of an elective office, Secretaries-General of Ministries
and persons ranking as such, Directors of the
Central Administration, General
Managers of public and semi-public
enterprises, Judicial and Legal
Officers, administrative personnel in charge of the tax base,
collection and handling of public funds, all managers
of public votes and property, shall declare
their assets and property at the beginning and at the end of their
tenure of office.
The
other categories of persons to whom the provisions of this article
shall apply and the conditions of implementation thereof
shall be determined by law.
PART
XIII
Transitional
and Final Provisions
Article
67
(1)
The new institutions of the Republic provided for under this Constitution
shall be set up progressively.
(2)
While the institutions are being set up and until such time that
they are set up, the existing institutions of the Republic shall
remain in place and shall continue to function:
a)
The incumbent President of the Republic
shall remain in office until the
end of his current term, subject
to the implementation of the provisions of Article 6 (4)
of this Constitution;
b)
The Members of Parliament of the National Assembly shall remain
in office until the end of their current term, subject
to the implementation of the provisions of Article 8 (12) above.
(3)
The National Assembly shall exercise full legislative power and
enjoy all Parliamentary prerogatives until the Senate
is set up.
(4)
The Supreme Court shall perform the duties of the Constitutional
Council until the latter is set up.
(5)
The territorial organization of the State shall remain unchanged
until the Regions are set up.
Article
68
The
legislation applicable in the Federal State of Cameroon and in
the Federated States on the date of entry into force
of this Constitution shall remain in force insofar as it
is not repugnant to thisConstitution, and as long as it is not
amended by subsequent laws and regulations.
Article
69
This
law shall be registered and published in the Official Gazette
of the Republic of Cameroon in
English and French and implemented as the Constitution
of the Republic of Cameroon.
Yaounde,
18 January 1996.
Paul
Biya
President
of the Republic