FREEDOM OF SPEECH IN CAMEROON

ABSTRACT

This study entited Freedom of Speech in Cameroon is carried out to examine the meaning, legal and institutional framework put in place in Cameroon for the protection of the right to freedom of speech. It commences with a background to the study of freedom of speech, then proceeds to the statement of the study of freedom of speech, then proceeds to the statement of the problem and the main guaranteed and respected in Cameroon.

To achieve this objective, the study adopts the qualitative research methodology which involves the content analysis of Cameroon. To achieve this objective, the study adopts the qualitative research methodology which involves the content analysis of primary and secondary sources of data. The primary sources of data are the constitution, nationan and international legal instrument on freedom of speech, and case law while the secondary data consist of Books, Thesis, Journal Articles, Reports, Seminar papers, Websites and other Publications.

CHAPTER ONE

GENERAL INTRODUCTION

Freedom speech has a very long history. It all started in ancient Greece, where citizens of Athens actually enjoyed considerable freedom of speech in the 400BC. Freedom of speech though was a central issue between religion and politics throughout European history, including the Reformation in the 16th century that gave rise to a new religious tradition of Protestantism. Speech restrictions issued by Kings James I led to a declaration of freedom by parliament in 1621. During the enlightenment in the 17th and 18th century, speech was considered a natural right.

Influential philosophers of England and France stressed the importance of the individual with each person having a right to speak freely and participate in Government’s freedom of expression. Thus, became an important factor in the French Revolution leading to the Declaration of the Right of Man which provided that ‘men are born and remain free and equal in right’.

The colonists were well aware of the English tradition of suppressing speech. In forming a democracy, the founders considered free speech absolutely necessary. They reasoned that, freedom of belief would have little meaning if thought could not freely be expressed and shared. In fact, a tradition of robust and rowdy expression was prevalent during the framing of the Constitution.

The framers reasoned that, if government was to be governed by the people, then government can only be as effective as the citizens are informed. Influenced by the French Declaration of 1789, the framers raised the issue of freedom of speech to yet another level involving constitutional law, more compelling than a declaration. In the end, the colonists struck a balance between absolute freedom and the English form of restricted freedom.
Following the above organization, in 1791, the First Amendment on Freedom of Speech on the 15th of December as part of the Bill of Right was done by the United State of America confirming the fundamental rights of citizens.

This amendment guarantees the right to express ideas and information. Freedom of expression; the right to express opinions without government restriction is a democratic ideal that dates back to ancient Greece. The Bill of right provides constitutional protection and individual liberties. However, it also provides the limits to freedom of speech. The French Declaration of freedom of speech is contained in its article 11 . It provides for‘the free communication, of thought and of prohibiting the free exercise thereof; or abridging the freedom of speech, or of press; or the people peaceably opinions is one of the most precious of man.

Any citizen thus may speak, write, print freely, except to respond to abuse of his liberty in the cases determined by the law.’Freedom of speech grants Americans the liberty to criticize the government and speak their minds without fear of being censored or prosecuted. The First Amendment of the Bill of Right reads thus “the congress shall make no law restricting an establishment of religion; to assemble and to petition the government for a redress of grievances”.
Cameroon is in the pangs of this crucial transition. It was subjected to a quarter century of stern dictatorship under Ahmadou Ahidjo.

This continued under his successor Paul Biya, until political agitations in the 1990 forced him out of the one party slumber onto the multiparty bandwagon. A crucial factor in this evolving democratization process is Freedom of Expression which the spirit of a liberal society.
Following the above developments, freedom of speech was introduced in Cameroon and it is enshrined in the constitution of Cameroon. The constitution of Cameroon of 1996 guarantees freedom of expression in Cameroon. The Preamble of the constitution states that ‘the freedom of communication, of expression, of the press, of assembly, of association and of trade unionism as well as the right to strike shall be guaranteed under conditions fixed by the law.’

1.2. The Statement of Problem
The Cameroon 1996 Constitution guarantees the individual’s freedom of speech in Cameroon as it provides that ‘freedom of communication, of expression, of the press, of assembly, of association and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by the law.’
Also, Freedom of speech is also protected at the international level. Freedom of expression is recognized as a Human Right under article 19 of the Universal Declaration of Human Rights [UDHR] . Freedom of expression is also recognized by international human right law such as the International Covenant on Civil and Political Rights. [ICCPR] . Article 19 of the UDHR states that ‘everyone shall have the right to hold opinions without interference and ‘everyone shall have the right to freedom of expression; this shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice.’

Despite the above protection of the human right, of freedom of expression, there still seem not to be any freedom of expression or speech in Cameroon given the fact that, the government still continues to limit the enjoyment of this right in practice. Though the constitution of 1996 ended pre-publication censorship, the African Charter’s Article 17 gives officials the power to ban publications deemed to be a threat to ‘public order’. Libel, and defamation continue to be criminal offences and judicial harassments and arrest and prosecution of journalist and writers have engendered self-censorship.

The three independent television stations avoided criticizing the government and generally relayed government information to the public. Security forces continue to restrict press freedom and otherwise harassing print media journalists. The government seized print runs of private newspapers and interfered with the private newspapers distribution. Created in 1990 by the presidential decree, the National Communication Council [NCC]is the country’s media regulator and its powers spans from frequency allocation to arbitration on libel, defamation cases sanctions including bands on media outlet.

1.3 Research Questions
1.3.1 General Research question
What is freedom of speech or expression and what does it protect?
1.3.2 Specific Research Questions
 Is freedom of speech a reality in Cameroon?
 What are the legal frameworks put in place for the protection of the right to freedom of expression in Cameroon?
 What are the limitations of the right of freedom of speech?
 What can be done for the effective implementation of freedom of speech?
1.4. Objectives of the Study
The objectives of the work include:
1.4.1 General Research Objective
What is the legal regime of Freedom of speech in Cameroon?.