Bar. Tamfu Criticises Governors For Banning Public Gatherings.

Politics

After the bans on Public manifestations by the governors of the Centre and Littoral regions , Maître Tamfu Richard of the Cameroon and Nigerian Bar associations says the bans violate all norms of Cameroon’s constitution, international treaties and conventions duly ratified by Cameroon.

He writes:

“Your Excellency the Governors,
Your prohibition orders are very much BELOW the hierarchy of norms applicable in Cameroon. The Constitution of the Republic of Cameroon, international treaties and conventions duly ratified by Cameroon allows the PEOPLE whom you represent though illegitimately, HAVE THE RIGHT to exercise their freedoms and civil rights such as that to MANIFEST and MOVE about freely without being harassed.
Below is a list of laws that you may be interested to read before taking any order that restricts the fundamentals rights of citizens which you govern or else you will be held responsible for such abuses if not considered to be an accomplice with your hierarchy:

1- The Charter of the United Nations.
2- The Universal Declaration of Human Rights
3- The International Covenant on Civil and Political Rights
4- The Optional Pact relating to the International Pact Relating to Civil and Political Rights.
5- The African Charter on Human and Peoples’ Rights
6- The Constitution of January 18th, 1996, amended by Law No. 2008 of April 14th, 2008, in the interest of a system that continues.
7- Law n ° 90/53 of December 19, 1990 relating to freedom of association, amended and supplemented by law n ° 99/011 of July 20, 1999.
8- Law n ° 90/55 of December 19, 1990 on the regime of meetings and demonstrations.

The CONSTITUTION of the Republic of Cameroon provides in Part VI that

Article 45:
“Duly approved or ratified treaties and international agreements shall, following their publication, override national laws, provided the other party implements the said treaty or agreement”.

Further more the Cameroon PENAL CODE reiterates that :

Article 2.
“This Code and every provision of criminal law shall be subject to the rules of international law and to all treaties duly promulgated and published”.

  • The Universal Declaration of Human Rights provides in Article 1:
    “All human beings are born free and equal in dignity and rights.
    They are endowed with reason and conscience and must act towards one another in a spirit of brotherhood ”. Article 2:
    “Everyone is entitled to all the rights and freedoms set forth in this Declaration,
    without distinction of any kind, such as race, colour, sex, language, religion,
    political or other opinion, national or social origin, property, birth or other status.
    Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty”. Article 19:
    “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. The International Covenant on Civil and Political Rights Article 3:
    “The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant”. Law n° 90/55 of December 19, 1990 regulating public meeting and manifestation. Article 2:
    “Has a public character, any meeting held in a public place open to the public”. Article 3:
    (1) “Public meetings, whatever the purpose, are free.
    (2) However, they must be the subject of a prior declaration “. From all of the above, we can conclude that the right to demonstrate is a fundamental human right, which no authority can restrict!

Barrister TAMFU Richard
Member Cameroon and Nigerian Bar Association
Human Rights Advocate and Peace Crusader
Militant of the Cameroon Renaissance Movement”

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