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THE ROLE OF THE PARLIAMENT IN ENSURING ACCOUNTABILITY AND TRANSPARENCY IN CAMEROON

Project Details

Department
LAW
Project ID
LL516
Price5
20000XAF
International: $20
No of pages
79
Instruments/method
QUALITATIVE
Reference
DOCTRINAL
Analytical tool
YES
Format
 MS word & PDF
Chapters
1-5

2

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GENERAL INTRODUCTION

  • Background to the study

From a historical perspective, the National Assembly is the first institution of modern day Cameroon. It comes after the Representative Assembly of Cameroon (ARCAM) which was created on the 22nd of December 1946 in accordance with the 7 October 1946 French law instituting Representative Assemblies in former French colonies[1]. This Representative Assembly (ARCAM) was constituted of 40 members, with 24 Cameroonian and 16 French representatives. It later became the Territorial Assembly of Cameroon (ATCAM) on 30th March 1952, then the Legislative Assembly of Cameroon (ALCAM) on 10th May 1957 and on 10th April 1960, it became the National Assembly. At the same time, in British Cameroon, pursuant to the Macpherson Constitution, many Cameroonians sat in legislative organs in Nigeria[2], notably in the House of Representatives and in Regional Assemblies[3]. These different Houses were replaced in 1962 by a Federal Assembly which, after the advent of the unitary State and in accordance with Section 12 of the 2 June 1972 Constitution, gave way to the second National Assembly following the legislative elections of 18 May 1973.

The adoption of the Constitution of 18 January 1996, the Cameroonian Parliament witnessed new and significant development. It became bicameral, with a National Assembly composed of 180 members elected by direct and secret universal suffrage for a five-year term of office, and a Senate composed of 100 members of which 70 are elected by indirect universal suffrage on a regional basis, and 30 are appointed by the President of the Republic[4]. Despite that constitutional development, legislative power continued to be exercised solely by the National Assembly until 2013 when the first senators were appointed and elected. The period of the 1990s was also significant with respect to the momentous shift in the political landscape to embrace multiparty politics. Thus, the single-party parliament represented by the Cameroon People’s Democratic Movement (CPDM) was soon open to other political parties such as the Social Democratic Front, which for a considerable period remained the most influential opposition party. Neither multi-partism nor bicameralism have led to any meaningful democratic advancement. One of the greatest challenges that have repressed democratic development inheres in the continued existence of political structures, such as the electoral system, that were established in the framework of a one-party system. Intuitively, while the number of political parties has grown exponentially, the dynamics of representation within parliament has varied only marginally.

  • Definition of key terms

The following of consist of the definition of parliament accountability and transparency

0.2.1. Parliament

The word ‘Parliament’ comes from the French word ‘Parler’, which means to talk[5]. Thus, in the context of the study, a parliament is a group of elected representatives with the power to make laws. The fundamental concepts of meeting, representation and legislation (law making) go back to thousands of years. Parliamentarians are given a mandate which is incompatible with other functions. In 1996, the protection of parliamentary mandate through parliamentary incompatibility was defined by M, Amellena as the rule which prohibits members of parliament from engaging in certain occupations during their term of office. This principle was put in place in order to protect the office of parliamentarian and to prevent a situation where parliamentarians become dependent upon public authorities and private interest. The role operates in an indirect way as provided in the standing orders of the national assembly and the senate in Cameroon because it does not prevent a parliamentarian from being a candidate for an elective or non elective office. Incompatibility only applies when a member is asked to choose within a pre determine period between the prestigious office of parliamentarian or senator and the occupation which is considered by law to be incompatible with it. The standing order of the national assembly as instituted by ordinance n0 72/12/August 26/1972 and the rules of procedure of the senate as provided in the law n0 2013/006/10 June/ 2013. 

0.2.2. Accountability

An essential feature of a good governance system is accountability. Thus it can be defined as the obligation or willingness to accept responsibility or to account to ones actions[6].

0.2.3. Transparency

Transparency has to do with the act of communication and forming relationships that emphasize the need of being direct with people in different domains. Thus transparency in the context of this study has to do with the role of the parliament ensuring that there is communication of government actions in order to promote accountability. Transparency therefore works hands in glows with accountability[7].

  • Problem Statement

The legislative function of ensuring effective accountability and transparency in government actions in Cameroon has generally been less significant. This is as a result of the predominance of the executive within the electoral system and parliament itself. With this entrenched structural inhibits, legislative power cannot be meaningfully exercised. To compound the structural problems, there are social issues such as the political culture which is suffused with clientelism. The combined effect is a parliament which finds itself incapable of influencing executive policy, performing oversight of the executive or representing the popular will despite its apparently wide ranging constitutional powers.

  • Research Questions

This research question is divided into the main research question and the specific research questions

 0.4.1. Main Research Question

  • How effective does the Cameroonian parliament ensures accountability and transparency in Cameroon?

0.4.2. Specific Research questions

  • What are the means through which the parliament ensures accountability and transparency of government actions in Cameroon?
  • What are the limits to the powers of the parliament to ensure accountability and transparency in Cameroon?
    • Objectives of the study

The objective of the study is made up of the main objective and specific objectives

0.5.1. Main Objective

  • The main objective of this study is to examine the effectiveness of the parliament in ensuring accountability and transparency in Cameroon

0.5.2. Specific Objectives

As specific objective, the research sets out to;

  • Examine the measures put in place to ensure accountability of government actions by parliament in Cameroon
  • Identify the challenges and limits to the powers of the parliament in controlling government action in Cameroon

[1] Laura Stella E, Enonchong, The Constitution and Governance in Cameroon, Routledge press UK, De Montfort University, (2021) p 9-10

[2] Ibid.

[3] Ibid.

[4] Article 14 of the Law N0 96/06 of 18th January 1996 relating to the Constitution of Cameroon as amended in 2008

[5] Oxford Advance Learners dictionary, Parliament, (2019), available online at  https://www. Stor.org/stable/745543, last accessed on 26/062024

[6] Ibid.

[7] Ibid.

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