The
German philosopher and sociologist Jürgen Habermas tells us that there are two
schools of natural law: the Anglo-Saxon and the Continental. The Anglo-Saxon
school is optimistic and believes that the natural is good and can be
“corrupted” or “deformed” by an external intervention. The task of politics is
to restore society to its natural freedom – a freedom that society itself is
best placed to administer.
In
contrast to the above, the Continental (French) school of natural law begins
from the premise of a corrupted society which must be guided by a state which
can impose upon “disorganised” society; power is exercised to influence society
in a “positive” or “corrective” manner.
It is
in the exercise of this concept of state power that the Jacobins emerged in
France during the French revolution, guided by the principles of Continental
natural law to prosecute a revolution they saw as the rational transformation
of society by the state. Constitutions like those of Cameroon are directed by
Jacobinism and provide a central place for power which is exercised to achieve
state-led initiatives. Such constitutions contrast with those in which the
place of power remains unoccupied, with checks and balances ensuring that
strong institutions of power control and complete each other.
It may also be the wish
to keep the fire of the Jacobins burning that Charles de Gaulle created Ecole
Nationale d’administration in 1945 as “a symbol of the Republican
meritocracy” and “to democratise access to the senior civil service.” In
imitation of the Gaullist tradition, our own such schools were opened and named
ENAM to also democratise access to the senior civil service, but it is doubtful
that our own products have been a symbol of Republican meritocracy.
Indeed, following
independence, Ahidjo created home-bred Jacobins mainly through instituting
one-man rule with the self-serving ordinances he signed left and right, to raise
the administration over all other forces in society. This was reinforced by
one-party rule that made party barons the alpha and omega of society.The ordinances and one-party rule bred a mindset that
was essentially repressive; it bred power barons that acted most of the time
with impunity. These Jacobins, bred mainly in ENAM, never changed following
Paul Biya’s taking over of the mantles of power and the creation of the CPDM –
the society was still run by the same people who ran it under the CNU.
By 1990, what became
known as liberty laws were in place, but they were essentially the consecration
of the overriding dominance of the repressive administration over all other
forces in society. The laws were
abstractions managed by Jacobins to protect their positions while leaving the
people with the illusion of power and freedom.
It is to this repressive political environment that multiparty politics returned to Cameroon in 1990.The laws for the maintenance of law and order, for freedom of assembly and association, or for organising elections, all had enough openings to allow the administrative authorities and the Jacobins to remain on top of the situation. And so the administrative authorities-cum-CPDM militants fought hard to render opposition political parties powerless through harassment, economic and physical reprisals on their members, and through ensuring that membership in opposition political parties was a burden too heavy to bear, because it might mean loss of a job, the freezing of promotion opportunities, or exposure to violence and attacks on self or family members.
It is to this repressive political environment that multiparty politics returned to Cameroon in 1990.The laws for the maintenance of law and order, for freedom of assembly and association, or for organising elections, all had enough openings to allow the administrative authorities and the Jacobins to remain on top of the situation. And so the administrative authorities-cum-CPDM militants fought hard to render opposition political parties powerless through harassment, economic and physical reprisals on their members, and through ensuring that membership in opposition political parties was a burden too heavy to bear, because it might mean loss of a job, the freezing of promotion opportunities, or exposure to violence and attacks on self or family members.
The
right of assembly, association and protest was subject to prior declaration at
the DOs office. In the spirit of the international instruments from which the
freedom laws derived, it is assumed that the DOs are democrats - symbols of
Republican meritocracy - that are interested in the advance of democracy, and
that they would be interested in the spirit and letter of the laws. Most of the
time, they have used the letter of the laws to suffocate any original
democratic intentions that any of the laws pretended to have.
In a
democracy, debate on public issues should be uninhibited, robust, and
wide-open, and usually includes attacks on government and public officials. The
behaviour of our DOs and other public officials leaves the impression that the
citizens of Cameroon have no right to freely criticise the government they are
said to have sovereignty empowered through the elections that were organised by
these same authorities.
Our
laws are concerned with human beings. Our own men and women from ENAM have to
become our own symbols of Republican meritocracy. So far, their behaviour in
the field displays a depressing insensitivity towards the democratic needs of a
very large portion of our society. Our laws have to protect the small citizens
from the encroachment of government, and safeguard them from the arbitrariness
and discretionary powers of small minds – like the Rene Sadis that recently
banned Maurice Kamto’s outing, for the mere fear of the type of message the
Professor was likely to give out!
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