LLM/MPhil Human Rights and
Democratisation in Africa (HRDA) 2018
CIVIL SOCIETY REGISTRATION AND
OPERATIONALIZATION IN CAMEROON IN
THE CONTEXT OF FREEDOM OF
ASSOCIATION.
Samuel Ade Ndasi
Mat. No. u18372628
CIVIL SOCIETY REGISTRATION AND OPERATIONALIZATION IN
CAMEROON IN THE CONTEXT OF FREEDOM OF ASSOCIATION Table of Contents
1.0 Introduction ......................................................................................................................... 3
2.0 Analysis of the legislative framework for CSOs registration in Cameroon ........................ 4
2.1 Registration of CSOs under the system of declaration ................................................................. 4
2.2 Registration of CSOs under the system of authorisation .............................................................. 5
3.0 Legal restrictions to CSO operationalization in Cameroon................................................. 7
3.1 Restrictions on the scope of CSOs activities ................................................................................ 7
3.2 Restrictions on resources .............................................................................................................. 8
3.3 Cameroon’s anti-terrorism law ..................................................................................................... 8
Recommendations and conclusion ............................................................................................ 9
CIVIL SOCIETY REGISTRATION AND OPERATIONALIZATION IN
CAMEROON IN THE CONTEXT OF FREEDOM OF ASSOCIATION.
1.0 Introduction The prominence of civil society organisations (CSOs) in Cameroon saw the light of day only
in the late 1980s, after Cameroon was hit by a massive economic crisis, a 100% devaluation
of the currency and a 70% slash in civil servants’1 salaries among many other difficult work
and living conditions. This does not per se mean that prior to this period, CSOs were nonexistent. The lack of visibility of CSOs prior to the late 1980s was due to the fact that since
independence, Cameroon operated under an authoritarian and autocratic regime that didn’t
tolerate any form of dissent or opposition. The end of the Cold War and the fall of the Berlin
Wall favoured the ideology of political liberalisation, ending single party politics in
Cameroon and many African countries as well as introducing multi-party politics. This also
opened up the civic space, allowing for CSOs to participate more openly in the life of the
state, as well as the increase in the number of CSOs. This period of CSOs explosion was
thereafter met with resistance from the government, which enacted various laws to limit the
activities of CSOs and also close up the civic space.
The first part of this paper analyses the legislative framework for CSOs registration in
Cameroon in the context of the right of freedom of association, comparing it with
international minimum standards, and citing some best practices. The second part traces the
operationalization of CSOs in Cameroon within the existing legal framework; highlights the
restrictions of CSOs operations; and concludes with some recommendations on the way
forward. Before delving into the substance of the paper, it is pertinent to define some terms
used in the context of this paper.
An association is ‘an organised, independent, not-for-profit body based on the voluntary
grouping of persons with a common interest, activity or purpose, which may be formal or
informal’2 and has as purpose to ‘collectively act, express, promote, pursue or defend a field
of common interest’.3 Cameroon Law No 90/053 on its part vaguely defines an association as
a ‘mean by which people pool their knowledge or activities for a purpose other than to share
profits’.4
Civil society comprise
formal and informal associations independent of the state through which citizens may pursue common
purposes, participate in the political, social and cultural life of their societies, and be involved in all
5
matters pertaining to public policy and public affairs.
1
G Nkwi ‘The Dilemma of Civil Society in Cameroon Since 1990: Which Way Forward?’ (2006) 9 African Journal of
International Affairs 92.
2
‘Guidelines on Freedom of Association and Assembly in African (FOAA)’ (2017) African Commission on Human and
Peoples’ Rights para 1; ‘Guidelines on Freedom of Association’ (2015) Organisation for Security and Cooperation in
Europe (OSCE) para 7.
3
‘Report of the Study Group on Freedom of Association and Assembly in Africa’ (2014) African Commission on Human
and Peoples’ Rights para 13.
4
Freedom of Association Law No 90/053 of 19 December 1990 art 2.
5
Guidelines on FOAA (n 2 above) para 2.
CSOs include
all non-market and non-state organizations in which people organize themselves to pursue shared
interests in the public domain…and cover a wide range of organizations including community-based
and village organizations, environmental groups, women’s rights groups, farmers’ associations, faith6
based organizations, labour unions, cooperatives societies, professional associations...
It is also suggested that CSOs are voluntary organisations formed on the basis of shared
beliefs, values and objectives with the people they serve, and they mostly rely on voluntary
contributions and external sources for resources to enable them carry out their work.7 The
World Bank8 suggests that, to constitute part of civil society, organisations and associations
must be for non-profit and without the aim of exercising political power.
For the purpose of this paper, registration of CSOs will entail the process of entering into the
official records of a state, the basic details of a CSO (its legal name, name of its founders, its
head office and its field of interest and activities) for the purposes of granting legal
personality9 and authorisation to carry out its activities, while Operationalization of CSOs
will entail the legal context / environment within which CSOs operate.
2.0 Analysis of the legislative framework for CSOs registration in Cameroon The right to freedom of association is protected both by international and regional
instruments10 to which Cameroon is a party. CSOs registration in Cameroon in the context of
the right to freedom of association falls under two different registration systems: the
authorisation system (for international and religious associations) and the declaration system
(for all other associations). 11 Additionally, different laws and decrees govern CSOs
registration, with oversight powers vested in different ministries. This is because associations
in Cameroon are classified according to their purposes and fields of activities and therefore
fall under the oversight of different ministries.12 It is submitted that the various laws, decrees
and different oversight bodies present a major challenge for CSOs registration in Cameroon,
as it becomes difficult to identify which law governs a particular type of CSO and the body
responsible for registration and oversight. Having a single body tasked with the registration
while also acting as oversight,13 with branches spread all over the country will eliminate this
challenge. This will ease CSOs registration and help provide a central database of all CSOs
in the country.
2.1 Registration of CSOs under the system of declaration In Cameroon, two laws govern this system, Law No. 90/053 of 19 December 1990 on
Freedom of Association (which is a general law) and Law 99/014 of 22 December 1999
6
‘Civil Society and Aid Effectiveness: Synthesis of Findings and Recommendations, Second Working Draft’ (2008)
Advisory Group on Civil Society 3.
7
Advisory Group on Civil Society (n 6 above) 35.
8
‘Consultation with Civil Society Organisations: General Guidelines for World Bank Staff’ (2000) World Bank 5.
9
‘Recommendations on the legal status of non-governmental organisations in Europe’ (2007) Council of Europe para 28-40.
10
In this regard we have: The Universal Declaration of Human Rights (1948) art 20; the International Covenant on Civil and
Political Rights (1966) art 22 ‘everyone shall have the right to freedom of association, including the right to form and join
trade unions for the protection of his interest’; the International Covenant on Economic, Social and Cultural Rights (1966)
art 8; Convention on the Rights of the Child (1989) art 15; African Charter on Human and Peoples’ Rights art 10 ‘Everyone
shall have the right to free association provided he abides by the law’; and African Charter on the Rights and Welfare of the
Child (1999) art 8 among others.
11
The Law (n 4 above) art 5.
12
T Nyambo ‘The Legal Framework of Civil Society and Social Movement in Cameroon’ in E Yenshu (ed) Civil Society
and the Search for Development Alternatives in Cameroon (2008) 48.
13
Guidelines on FOAA (n 2 above) paras 21 & 31.
(specifically relating to NGOs). By virtue of Article 6 of Law No. 90/053, an association
desirous to register and acquire legal personality must deposit an application (with supporting
documents) at the Civil Administrator’s office declaring its intentions. The association will
be considered registered if after three months from the date of deposit of the application,
there is no adverse decision from the Civil Administrator. For a duly registered local or
international association to be approved as an NGO, it must go through an additional
recognition process dictated by Articles 4 to 10 of Law 99/014. Any approval granted is valid
for five years and must be renew thereafter.
2.2 Registration of CSOs under the system of authorisation Chapter IV of Law No. 90/053 governs this system of registration and provides in its Articles
15(1) and 16(1) that associations of an international character (either by location of its head
office, place of registration or composition of its members and representatives) may only
carry out activities in Cameroon upon authorisation from the Ministry of Territorial
Administration and the Ministry of External Relations. Article 16(2) of the law provides that
the application for authorisation is lodged with the Ministry of External Relations and must
specify among others, the names and details of the persons directing the activity, the type of
activity and the place where the activity will be carried out.
While the right of freedom of association is guaranteed in the preamble of the Cameroon
1996 Constitution and in international and regional human rights instruments ratified by
Cameroon,14 obstructions in the exercise of the right are found in laws that provide for
complicated and multiple registration procedures, discriminate against unregistered
association, arbitrarily deny and revoke authorisation, and laws requiring periodic renewal of
authorisation. For example, the law on freedom of association does not recognise
unregistered associations and therefore they cannot receive subventions, donations and gifts
from national or foreign sources.15 The law on NGOs16 prescribes a prison term of between
three months to one year or a fine of between one hundred thousand (100.000) cfa to one
million (1.000.000) against founders or administrators of unregistered / unauthorised NGOs
who carry out activities in the name of the organisation. The prescription of imprisonment
term and an onerous fine act as a deterrent for associations to carry out any activities unless
they are duly registered.
Further, authorisation granted may be subject to certain conditions, are short-term, subject to
periodic renewal, can be withdrawn at any moment and the association suspended or
disbanded arbitrarily.17 The laws also do not precise the grounds upon which registration may
be refused or an association suspended or its authorisation withdrawn. Any challenge to a
decision denying registration or suspending / banning an association must be lodged within
ten days before the Administrative Bench of the Supreme Court, and while the matter is
pending, the decision remains valid.18
It should also be noted that the law on freedom of association is subject to enabling statutes,
14
See footnote (n 10 above).
The Law (n 4 above) art 6 & 11; Nyambo (n 12 above) 49.
16
NGO Law 99/014 of 22 December 1999 art 27; The Law (n 4 above) art 20.
17
The Law (n 4 above) art 17; NGO Law (n 16 above) arts 10(1) & 22.
18
Nyambo (n 12 above) 49.
15
which Nyambo19 argues ‘subvert the veneer of liberties’ contained in the law. A case in point
is Decree No. 2001/ 150/PM of 3 May 2003 to establish a technical ministerial committee in
charge of accrediting NGOs, regulate their mode of functioning and organisation as well as
follow-up their activities. This enabling statute was enacted three years after the law on
freedom of association entered into force and three years into its operation, the technical
ministerial committee accredited less 20 NGOs because of its very tight procedure of
accreditation. 20 The long period of waiting and uncertainty prevents associations from
making concrete plans without any guarantee of when they will receive a decision on their
application, and also because they face huge punitive measures should they carry out
activities without the necessary authorisation.
Regarding the number of persons required to form an association, Cameroonian laws specify
at least five or 20 members before certain types of associations can be registered.21 The law
is silent on the number of persons required to form other associations, leaving it to the
arbitrary discretion of the registering official. International standards has specified that not
more than two persons are required to found an association,22 citing Tunisia, Togo and
Ghana23as examples of good practices.
The right to freedom of association requires that registration should be voluntary and not
obligatory, such that unregistered associations are not discriminated upon and can also
benefit from legal personality and the privileges enjoyed by registered associations.24 The
African Commission in Monim Elgak, Osman Hummeida and Amir Suliman (represented
by FIDH and OMCT) v Sudan 25 noted that any interference with the right to freely
associate, not justified under Article 7 of the African Charter on Human and Peoples’ Rights
(the African Charter) will be arbitrary. In Attorney General of Botswana v. Thuto Rammoge
& 19 Others, the Court of Appeal of Botswana held that refusal of the Minister to allow the
registration of a LGTBI organisation was baseless and contravened the right to free
association guaranteed in the Constitution.26
With respect to registration regime types, the African Commission recommends that where
necessary, registration should be simple, clear, non-discriminatory, non-burdensome and
governed by a notification regime, such that an association is considered registered and
acquires legal personality upon receipt of the notification.27 Tunisia28 presents an example of
good practice where an association is considered as registered upon sending a letter with
basic information to the competent authority, an example that can be adopted by the
Cameroon legislature. The African Commission also recommends the application of a unique
registration regime throughout the country where associations are required to register only
19
Nyambo (n 12 above) 50.
Nyambo (n 19 above).
21
N Mboumien ‘Simple Manual on the Legal Framework, Creation and management Principles of Civil Society
Organisations in Cameroon’ NWADO 13.
22
Guidelines on FOAA (n 2 above) para 9.
23
Report of the Study Group on FOAA (n 3 above) para 14 & 16.
24
Guidelines on FOAA (n 2 above) para 11 & 12.
25
Communication 379/09 (2014) Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v
Sudan para 118, accessed on 12 August 2018 at http://www.achpr.org/files/sessions/15theo/comunications/379.09/achpr15eos_decision_379_09_eng.pdf.
26
‘LEGAL GROUNDS: Reproductive and Sexual Rights in Sub-Saharan African Courts’ (2017) 3 PULP paras 4 – 5.
27
Guidelines on FOAA (n 2 above) para 13; OSCE Guidelines (n 2 above) para 154.
28
Report of the Study Group on FOAA (n 3 above) para 23.
20
once.29 Where the law authorises registration officials to reject an application, the rejection
must be based on clear and limited grounds that comply with regional and international
human rights law.30
3.0 Legal restrictions to CSO operationalization in Cameroon. The operationalization of CSOs in Cameroon was highly restricted prior to the late 1980s,
influenced by an autocratic government and laws that did not encourage citizen participation
in the political affairs of the state. Nkwi31 suggests that Cameroon’s economic, social and
political climate in the late1980s accounted for the re-emergence of CSOs: the country’s
gross domestic product per capital and foreign investment plummeted from $1200 to $500
and $300 million to $80 million respectively; universal university bursaries were stopped,
registration and tuition fees into university were introduced, and graduates could not secure
jobs; and the one party system of government that encouraged nepotism, unashamed
embezzlement, marginalisation, suppression, oppression and injustices became very
unpopular. The 100% devaluation of the currently, 70% slash in civil service salaries and
layoffs of civil servant were the breaking points of the ‘poverty cyclone’, laid the foundations
for the protected university student strike action,32 and civil disobedience actions across some
major cities of the country, called by the newly formed and unauthorised opposition party,
the Social Democratic Front (SDF).
These crises forced the government to introduce reforms, including the introduction of the
laws on freedom of association to replace Law No. 67/LF/19 of 12 June 1967, which was
very repressive and had outlawed certain CSOs.33 Laws No. 90/053 and 99/01434 enacted in
1990 and 1999 respectively therefore became the new laws governing operationalization
(organisation and functioning) of CSOs in Cameroon. Although the new laws are considered
to be more liberal than the repealed 1967 law, critics argue that they are tainted with many
draw back clauses, ambiguity 35 and give government authorities too much leeway and
discretion in their interpretation and implementation. 36 Additionally barriers to CSOs
operations are found in decrees of implementation, which created further conditions for
CSOs activities.
3.1 Restrictions on the scope of CSOs activities The first obstruction observed in the laws is that it limits the scope of CSOs activities and
vaguely provides a general ground on which CSOs may be banned. This is seen in Article 3
of law 99/014, which list the areas of activities that CSOs can engage including, law, health,
education, humanitarian actions, promotion of human rights, protection of the environment,
economic, social and cultural activities. Notably absent from the list are activities relating to
the protection of human rights, the protection of minority rights and political activities.
Article 4 of Laws No. 90/053 on its part allows for the banning of any CSO whose goals the
29
Guidelines on FOAA (n 2 above) para 17 & 19.
Guidelines on FOAA & OSCE Guidelines (n 25 above).
31
Nkwi (n 1 above) 96 – 97.
32
P Konings ‘University Students’ Revolt, Ethnic Militia and Violence during Political Liberalization in Cameroon’ (2002)
African Studies Review 198.
33
Nkwi (n 1 above) 49.
34
The Law and NGO Law (n 4 & 14 above).
35
Nkwi (n 31 above). 36
W Abia, E Nchanji, et al ‘Valorisation of NGOS’ Existence in Cameroon: Option for a More Engaged Civil Society
(Vnec-Oecs)’ (2016) 1 International Journal of Non-Governmental Organizations (NGOs) and Essays 6.
30
authorities considered are ‘contrary to the constitution, laws and good morals, or whose
activities tends to affect national integrity, unity and the security of the state’.
These provisions of the law profoundly impact the operations of certain CSOs in Cameroon.
Examples include the difficulty faced by LGTBI organisations in carrying out their activities.
Because the law37 punishes consensual same sex acts on the grounds of it being contrary to
‘the law and good morals’, LGBTI organisations face difficulties being registered and
recognised and have therefore been operating unofficially,38 and some have even had their
activities disrupted and banned, and the organiser arrested and detained.39 Another example
is the government’s decisions in November 2016 and January 2017 40 banning some
Anglophone CSOs (North West Lawyers Association, Meme Lawyers Association, Fako
Lawyers Association, the Southern Cameroons National Council (SCNC) and Cameroon
Anglophone Civil Society Consortium) who had called for strike actions and school boycott,
actions the government considered to ‘affect national integrity, the unity and security of the
state’.41 Some of the leaders of these organisations were arrested and charged with trumpedup charges, while their colleagues fled the country and are now living in exile.
3.2 Restrictions on resources Although the laws do not specifically restrict the funding of CSOs, Article 6 of Law No.
90/053 states that CSOs not recognised or authorised cannot receive public subventions or
gifts from private persons. This is particularly discriminatory against CSOs who cannot
register or get authorisation for one reason or the other. Examples include LGTBI CSOs who
cannot register or get authorisation because the law punishes consensual same sex conducts
between adults, and CSOs whose registration and / or authorisations are delayed or refused
because a government official unilaterally decides that its goals and activities are contrary to
good morals and ‘affect national integrity, the unity and security of the state. This provision
of the law limits the capacity CSOs to effectively function, as it is impossible for them to
raise sufficient fund locally to enable them operate. The consequence of this is an increasing
shrinking of the civil space, as many CSOs have stopped operations and packed up due to
lack of resources to carry out their activities.
3.3 Cameroon’s anti-­‐terrorism law In 2014, Cameroon enacted an anti-terrorism law, Law No 2014/028 of 12/23/2015, in its
effort to combat terrorism. The law received worldwide criticism for it vagueness and how it
is used to restrict the activities CSOs, leading to some organisations appealing to the UN
special Universal Periodic Review mechanism.42 The government has used this law to ban
CSOs, arrest their leaders and forced their members to flee the country for fear for their
37
Cameroonian Penal Code art 347 bis.
‘Status of LGBTI people in Cameroon, Gambia, Ghana and Uganda’ (2005) Finnish Immigration Service Country
Information Service Public Theme Report 24.
39
Status of LGBTI people in Cameroon (n 38 above).
40
‘Cameroon Report 2017 / 2018’ Amnesty International, accessed on 12 August 2018 at
https://www.amnesty.org/en/countries/africa/cameroon/report-cameroon/.
41
‘Joint submission by World Alliance for Citizen Participation (CIVICUS), Réseau Des Défenseurs Droits Humains en
Afrique Centrale (REDHAC) and Centre for Human Rights and Democracy in Africa (CHRDA) to the 30th Session of the
UN Universal Periodic Review (UPR) Working Group’ (2017) para 2.5 accessed on 13 August 2018 at
https://www.civicus.org/documents/CameroonUPRSubmission2017.pdf.
42
Front Line Defenders UPR submission (2017) accessed on 13 August 2018 at
https://www.frontlinedefenders.org/en/statement-report/upr-submission-cameroon-2017; Amnesty International (n 40
above).
38
lives.43 This situation has created an atmosphere of heightened fear and crackdown on CSO
operations in the country, likened to the pre-1990 period mentioned above.
The above represents some of the operational challenges CSOs face in Cameroon, causing
CIVICUS to rank Cameroon’s civic space as “repressed”,44 wherein civic freedom is highly
restricted by laws and the arbitrariness of government orders; CSOs are prevented from
registering, and carrying out activities in certain areas; they are banned, their workshops
interrupted, their offices raided and their leaders arrested without due process.45 While CSOs
critical of the government suffer from discrimination and reprisals pro-government CSOs
enjoy privileges, benefits and protection from the authorities. Among many examples is the
Rally for Cameroonian Youth,46 who in 2012 disrupted the workshop on the rights of LGBTI
people. The police came to the scene, proscribed the continuation of the meeting and instead
arrested the organiser.
Recommendations and conclusion The analysis above indicate that Cameroon’s legal frameworks for CSO registration and
operationalization are highly discriminatory, restrictive and allows for arbitrariness in the
application, interpretation and implementation of laws by administrative officials. Based on
the above, the following recommendations are suggested.
Regarding registration, the government should revise its laws on freedom of association, with
a view to eliminate all discriminatory and burdensome provisions and requirements therein
and bring them in line with international standards. The revision of the law should be done
after proper and transparent consultation and participation of CSOs from all spheres of
activities. The government should establish an independent and impartial CSOs registration
and accreditation body whose procedures and decisions are transparent and accessible to all,
and whose composition includes members of CSOs appointed in a transparent manner.47
On operationalization, the government should allow CSOs to freely engage in activities
relating to public policy and public affairs, such as democratic governance, minority rights
and economic affairs; to be involved in the formation of laws and policies; and to freely
comment on reports submitted to both regional and international bodies prior to submitting
the reports.48 The government should also revise the 2014 anti terrorism law and bring it in
line with international human rights standards,49 and take steps to protect CSOs and their
most visible members from threats, harassment, intimidations and all other forms of reprisals.
Cameroon’s laws on CSOs were enacted more that 20 years ago. It is evident that its
provisions do not address contemporary issues relating to the rights of freedom of
association, and therefore needs extensive revision to bring these in line with international
and regional standards. The African Commission’s Guidelines on FOAA and on Countering
43
CK Bama ‘Ban on Consortium, SCNC: Activists go underground as leaders are arrested’ Eden Newspaper
https://www.edennewspaper.net/ban-on-consortium-scnc-activists-going-underground-as-leaders-are-arrested/.
44
‘CIVICUS Monitor’ accessed on 13 August 2017 at https://monitor.civicus.org/country/cameroon/.
45
Status of LGBTI people in Cameroon (n 38 above) 24.
46
Status of LGBTI people in Cameroon (n 38 above).
47
Guidelines on FOAA (n 2 above) paras 21 & 22.
48
Guidelines on FOAA (n 2 above) paras 24 – 27.
49
Recommendations by France, Poland et al, ‘Report of the Working Group on the UPR on Cameroon to the 39th Session
of the Human Rights Council’ (2018) paras 121.91 – 121.96.
Terrorism50 are good reference points for the government in its efforts to revise the laws on
freedom of association and on countering terrorism. Adopting the recommendations in these
Guidelines will go a long way to provide a registration system an open civic space that is
conducive for the effective operations of CSOs in the Country.
Total word count including footnotes: 3964.
50
African Commission’s ‘Principles and Guidelines on Human and Peoples’ Rights while Combatting Terrorism in Africa’
(2015).