NASLA General Manager Demystifies Conundrum Of Special Status

 

 Being A Presentation By The Director General Of NASLA To The 2nd Ordinary Session Of The Committee On The Follow-Up Of The Implementation Of The Recommendations Of The Major National Dialogue, Nasla- Buea 22 September 2021

WHAT IS THE SPECIAL STATUS

Article 62(2) of the constitution provides that “the law may take into consideration the specificities of certain Regions with regards to their organization and functioning”. The Special Status is therefore an institutional mechanism, that reinforces National Unity and cohesion, by recognizing the specificities of certain Regions. These specificities maybe linguistic, educational, legal, cultural or otherwise. The State by recognizing these specificities through the Special Status, makes it easier for the said Regions to be better integrated as part of the Country.

Part V of law nº 2019/024 of 24th December 2019, stipulates that the North West and South West Regions, shall have a Special Status, in accordance with the provisions of article 62 of the Constitution. But that is law. In simple terms, what then is the Special Status.

The Special Status is simply the formal or institutional recognition by the State of Cameroon, that the North West and South West Regions have unique linguistic, historical, educational, legal and even cultural specificities. It is an admission that these specificities make them different from the eight other Regions of Cameroon. But because the State wants these specificities, to be factors of unity with the eight other Regions rather than division, it has conceded  and recognized the special nature of these two Regions. This has been done by granting them some additional powers that the eight other Regions do not have. By so doing, the North West and South West Regions can feel comfortable in their difference, while better integrating into the rest of Country. The Special Status is therefore a compromise between proponents of a centralized system and advocates of greater Local or Regional autonomy. It is a unifying factor not a divisive one.

In addition to the above, the Special Status is a direct response to a number of longstanding Anglophone grievances. Some of these grievances were recently brought back to the limelight by teachers and lawyers demands, sparking off the present socio-political crisis in the North West and South West Regions.

The Special Status is therefore a major concession by the State to the Anglophones because, it is a radical change of posture. From denying the existence of these grievances, Government has moved to embracing them courageously and trying to bring concrete answers to them. This change in attitude by the State of Cameroon should be more vigorously appreciated and highlighted.

The Special Status as a Direct Response to Some Longstanding Anglophone Grievances.

1)      Grievance Relating to the Loss of the Anglo-Saxon Parliamentary Tradition and Low Participation in Making Decisions That Directly Impact Their Lives: Unlike in the eight other Regions, the Special Status has instituted specific organization and functioning of the two Anglophone Regions. The two of them have an elected Bicameral Regional Assembly. The Upper House is made up of Divisional Representatives. The Lower one is the House of Chiefs. This is a direct reference to the 1961 Constitutional arrangement for the former Southern Camerooons, itself inspired by the Houses of Commons and Lords in the United Kingdom. The decision making in the Executive organ is collegial, and the shuttle discussion between the two chambers makes for added debate, broader consultations and consensus.

2)      Grievance Relating to Poor Treatment and Service Delivery in Public Services: One of the reasons for the creation of the Public Independent Conciliator, is to give users of local Municipal and Regional Administrative services in the North West and South West Regions, the possibility of a recourse, in case of complains about the quality of services delivered. The PIC is also there to ensure that, Regional and Municipal Administrations maintain very high professional, ethical and deontological standards. They will ensure that such services work in a fair, just and impersonal manner. The PIC is therefore also the protector of the rights of ordinary users vis-à-vis Municipal and Regional Administration.

3)        Grievance About the Dilution of the Anglo-Saxon Sub-System of Education: At the beginning of the present socio political crisis, was the demand of the Teachers’ Trade Union, for the protection of the “purity” of the Anglophone sub-system of Education. The Special Status is an answer to this grievance. It empowers the North West and South West Regions, to participate in the development of national policies relating to the English speaking sub-system. The Special Status has therefore institutionalized and guaranteed the protection of the Anglophone sub-system of education. Simply said, no reform of the Anglophone sub-system of education is possible henceforth in Cameroon, without the participation of the North West and South West Regions. This is even more than the teachers asked for in their demands.

4)        Grievance Relating to Under Development, Unequal Development or Marginalization in the Development of North West and South West Regions: The Special Status empowers the North West and South West Regions, to create and manage Regional Development Authorities like MIDENO, SOWEDA, UNVDA, WADA, Marketing Board etc. Hence the North West and South West Regions can now autonomously plan their socio economic development according to their priorities. They can invest their resources into areas of their choosing and therefore play a decisive role in their development. This is a return to the Anglo-Saxon self-reliant development model. It is also a response to the grievances against the State, for the disappearance of Development instruments like Marketing Board, WADA etc.

5)        Grievance Relating to the Arbitrary Creation and/or Delimitation of Traditional Chiefdoms Without Consideration for History and Custom: Because of the Special Status, the North West and South West Regions are now statutorily empowered, especially through the House of Chiefs, to participate in the development of the status of the traditional chiefdoms. The State has therefore conceded the power to unilaterally create, classify and delimit traditional chiefdoms.

6)      Grievance Relating to the Dilution of the Common Law Legal System: The North West and South West Regions, may now be consulted on matters relating to the development of justice policies in the Common Law sub-system. Some have argued that the use of the term “MAY” greatly weakens this power. But at the same time, no provision of the  General Code of Regional and Local Authorities, forbids the North West and South West Regions, from giving an opinion, on their own initiative. In the present socio political dispensation, it would be very difficult for the State, to ignore any proposal emanating from the representatives of the North West and South West Regions, in case of any reform of the Common Law sub-system.

This is a significant concession of “nuisance capacity” by the State to the two Regions in question. This basically guarantees that, they shall be listened to, in case of consultations as the law requires, or should they on initiative, decide to make proposals.

Same goes for the possibility given to the two Regions to participate in the management of public services located in their respective territories.

7)        Grievance Relating to the Inability to Remove Unpopular, Incompetent or Corrupt Elected Public Officials: For the North West and South West Regions, the General Code on Regional and Local Authorities, has given great power to the Regional Assemblies. They can remove the Regional Executive Council from office by impeachment under certain conditions. The eight other Regions do not have this impeachment option. This is a great power to exercise direct democracy by the people, through their representatives.

Conclusion

The Special Status therefore is not only a great concession, but also a great privilege accorded by the State only to the North West and South West Regions for now. Nothing stops the eight other Regions from benefitting from the Special Status too. But for now the State has awarded it only to the North West and South West Regions. This situation is rightly making the eight other Regions envious.

Unfortunately for now, some in the North West and South West Regions, have chosen to focus on the limitations of the Special Status, instead of testing the extent of the powers conferred on them by this institutional arrangement.

It is very important for these two Regions, to take advantage of the fact that they are the only two Special Status Regions for now, to fully exploit it. Only then can they eventually know its limitations, and eventually ask for adjustments.

Also, being pioneer Special Status Regions permits them to in reality, determine its content by practice. Because no one in Cameroon has done this before. Wasting time in sterile critiques of the Special Status is running the risk of seeing this window of opportunity closed before them. The advantages they may draw from being the only two Special Status Regions as of now, may not be available to them if they were to one day be in competition with other Regions of similar status.

                         Thank you very much for your kind attention