Ministère de l’Enseignement Supérieur

Groupe SOCINAN

Institut Supérieur des Sciences et Technologies NANFAH

Site Web: www.groupescolaire socinan.com

CRepublique du Cameroun Republic of Cameroon

*********

Paix – Travail – Patrie Peace – Work – Fatherland

Course: CIVICS AND

MORAL
EDUCATION

Course Master: Dr Nana

Charles
Nguindip Senior
Lecturer in Law
University of
Dschang

1
CHAPTER ONE: THE CONCEPT OF CIVIC EDUCATION
AND CITIZENSHIP
 An overview of
civic education
and other related
concepts
Definition and the
function of civic
education
Civics comes from a Greek word “civis” which means
“citizen”. It is the study of the rights and duties of the
citizens of a given country. The study has as objective, to
help develop in students honesty, patriotism, loyalty, love
for ones fatherland. It equally preaches nationhood and the
spirit of being one another’s keeper in the context of
community and nation. Civics also helps develop the notion
of a shared destiny among citizens. i.e. that every
individual was born with an assignment and purpose or
dream and that this dream must be discovered, identified
and pursued individually within the context of the larger
dream of the nation.
Such a study is quite important for a country like
Cameroon with about 250 ethnic groups and about 300
different languages. Although the diversity of languages and
ethnic groups can be an asset, most Cameroonians have the
tendency of putting their ethnic groups before the nation.
They see nothing in other groups that should bring them
together. With this type of attitude the common expressions
are “unlike me”, “they”, “against us” which hinders
national unity and creates an atmosphere of intolerance and
a breeding ground for conflict.
Although we belong to different ethnic groups, religions,
political parties and speak different languages, we must first
of all see ourselves as belonging to one nation which has a
destiny. No wonder John F Kennedy said “ask not what
your country can do for you but what you can for
your country”. Civic education will help individuals to
understand one another and to understand other countries.
Also it will awaken the feeling that although we share
national boundaries, we are interdependent and we all
share something in common as we are all human beings.
This will help the citizen to be an active participant and not a
passive observer. It will equally remind the citizens that they
have a contribution to make towards enhancing world peace
and assisting those who are in need of humanitarian
assistance.
Other important concepts related to
civics (justice, rule of law, human
qualities, values and norms) Civics and
moral education all centre on building
positive relation
• Moral Education: It is the study of moral habits, standards
of behaviour and the principles of right and wrong. It teaches
on virtues like truthfulness and honesty in life and how to
live in peace and harmony in society. It centres on those
values that are considered as good, descent and acceptable
in the society.
• Justice: Justice is a model for accountability or
answerability which is the foundation of fairness and
equitability among citizens. It is the basis for the
punishment of wrong doers. It entails that every individual
should be treated equally. The right of the accused should be
guaranteed though he may be wrong and at the same time
the interest of the victim is protected. In criminal matters,
it combines the whole criminal procedure from when an
allege offence is committed to when judgement is
rendered. The administration of justice requires formal
judicial

2
mechanisms like the forces of law and order, the courts
(judiciary) and the penitentiary.
• Rule of Law: it is a fundamental theory of governance
which indicates that all persons, private and public
institutions and the state itself are held answerable to laws
that are publicly legislated and promulgated in accordance
with international norms.
• Human Qualities, Values and Norms: the first is
human freedom. It denotes the ability of humans to act
when they want where they want and how they want.
Liberty is a necessary property of happiness, so individual
and collective happiness requires liberty. It is good when it
allows us to do good things and bad when it leads people to
do what is wrong. It is not right for the state to interfere
with individual liberty. The state may however do so when
such liberty causes harm on others or when the security of
the state is at stake. Non interference by the state on
individual liberties will be in areas where their behaviour
does not go against the law but might have an adverse
effect on themselves. Human beings need a political
authority to assist them in making conditions of life better.
Certain behaviours must be regulated by the state.
1.1.3. Core values of civic education
Generally, civics and moral education focuses on six values,
they are: respect, responsibility, integrity (the quality of
possessing and steadfastly adhering to high moral principles
or professional standards), care, resilience and harmony
which form the foundation upon which good character if
built. These values complement and enforce our shared
values. They would guide people to discern between rights
and wrong, will help them not to only make responsible
choices but also to become more aware of their role in the
society. Other values, concepts and attitudes related to
these core values e.g. adaptability, entrepreneurship, and
creativity would also help reinforce and substantiate the
understanding of people on the six core values.
Skills of leadership
A good leader should acquire and manifest the following
skills: active, bold, challenging, dedicated, enthusiastic,
frank, grateful, humble, integrity and innovative, just,
knowledgeable, listener, masterful, neighbourly, organised,
persistent, quiet, relaxed, sensitive, thoughtful,
understanding etc.

• Citizenship
• The notion of citizenship: citizenship is the mutual
affiliation that exist between an individual living in a
particular country and who enjoys all the rights and
privileges of that country and who on the other hand pays
loyalty and allegiance to that country. The citizen of a nation
has political rights which includes the right to vote and be
voted, the right to change a repressive government, the
right to equal opportunities, the

right to political appointments, and the possibility of being

the president of the country. He equally has social rights like,
the right to education, freedom of speech, religion, non
discrimination on the bases of sex, race, colour etc. The
relationship is mutual in that the individual loves his country
and is reciprocal in the sense that the state provides certain
facilities which he would not have provided on his own. The
citizen on his part performs certain tasks to contribute to the
growth of the state. This tasks stops only when the citizen
dies or changes his nationality.
Existing Cameroon Nationality Laws
The Cameroon nationality law have been modified severally.
It was established in law No1968LF3 of 11 June 1968 to
set up the Cameroon National Code, with supplementary
procedural detail provided in Decree No 1968DF478 of 16
Dec 1968 to Establish Rules of Procedure under the
Nationality Code. Based on the above mentioned law,
Cameroon nationality is acquired primarily by descent (jus
Sanguis), while nationality of one or both parents is
unknown. Cameroonian nationality may also at the
discretion of the state, be acquired through marriage or
naturalisation.
The aims of citizenship Education
There are two important aims of citizenship, national aims of
citizenship education in Cameroon and international aims of
citizenship.
• National aims of citizenship education in
Cameroon
According to orientation law on education in Cameroon, the
general purpose of education is to train children for their
intellectual, physical and their smooth integration into
society bearing in mind prevailing economic, sociocultural,
political and moral factors. But the question that needs to be
answered is how far has the present objective succeeded in
instilling the required values in Cameroonians. To better infer
it is important to highlight the present national aims of
education and judge whether it would be able to deliver the
required goals. These aims include:
inculcating the
major universal
ethical values in
citizens;
promoting family
life;
promoting national languages;
promoting an introduction to the universal culture and
practice.
Training citizens who are
firmly rooted in their culture
but open to the world;
Encouraging the respect for
human rights and freedom,
justice and tolerance. Fight
against all forms of
discrimination, the love for
peace and dialogue
Promoting regional and sub-
regional integration;
Cultivating the
love of efforts
and work well
done; Striving
towards
excellence and
team spirit;

Developing creativity and

sense of initiative and the
spirit of enterprise;
Providing physical, sports,
artistic and cultural training
for the child.
2.1.2.
International
aim of
citizenship
education The
global aims of
citizenship are:
To
develop
the
capacitie
s of
individua
ls;
Promotin
g equal
opportun
ities;
Preparin
g young
people
for work;
Establishing a
foundation for further
and higher education;
Providing knowledge,
skill and
understanding;
Ensuring the
protection of
cultural
heritage;
Acquisition of
citizenship
A citizen of a country is anyone who has acquired the
nationality of that state either by birth, territorial
attachment or completing the legal procedure for the award
of citizenship. Nationality or citizenship can be acquired
through different ways:
• By Blood (jus sanguis): if both parents or any of the
parents of an individual are or is a citizen of a particular
country, the children automatically acquire that citizenship.
It can also be gotten when the grandparent(s) of the person
concerned was born in the country. The easiest method of
becoming a Cameroonian national is to be born to two
parents, both of whom are nationals. Also, a child born
legitimately to at least one parent of Cameroon nationality is
also eligible to claim Cameroon nationality. For an
illegitimate child, Cameroon nationality is provided if the
parent to whom connection is first established is a
Cameroon national or in case where the first established
parent has no or unknown nationality if the second
established parent has Cameroon nationality.
• By Birth (jus soli): in some countries, nationality is
acquired upon birth. In this case once a child is born in that
territory, the child is automatically given the nationality of
that country not withstanding whether the parents are
nationals or not. An example is the United States of America.
Citizenship based upon being born in Cameroon is limited to
few cases. First, if the child has unknown parents or can claim
no other nationality. Secondly, a legitimate child is eligible
for Cameroon nationality if born in Cameroon with at least
one of the child’s parents, though of foreign nationality, also
born in Cameroon. For an illegitimate child, claim can only be
made if the first established foreign national parent was born
in Cameroon.
•By Marriage: Citizenship can also be obtained nationality if
a man or a woman gets married to a foreigner. When that
happens, he or she automatically becomes a citizen of that
country. It should however be noted that some European
countries today see that as a means foreigners

are using to migrate into their country and now expect more
than just getting married to a their citizens. In Cameroon, at
the time of marriage, a foreign woman may request and
acquire Cameroon nationality if marrying a Cameroonian. This
however depends on government’s approval.
•By Naturalisation: A foreigner may be interested in
becoming a citizen of another country; he may do this by
application. The application is done through the president of
the country he wants to become a national. It goes through
a process of evaluation and if he can convince that he loves
the country and can contribute to the growth of the
country then he can be granted citizenship. In this case,
the certification of naturalisation will be issued to the
individual. This is what happens to most African athletes who
are discovered to have talents.
Cameroon nationality may be acquired foreign citizens who
have met minimum residency requirements within
Cameroon (five consecutive years), judged to meet character
and health standards and whose “main interests” are based in
Cameroon.
•Adoption: Citizenship can equally be acquired when one is
adopted by the citizens of another state. The adopted child
takes the citizenship of the new parents.
• Territorial acquisition: when a territory is acquired either
through annexation, plebiscite, conquest, the entire
population of the newly incorporated territory may be made
citizens of the acquiring state. Sometimes the inhabitants of
the territory may be given an option to retain former
citizenship if they desire. (e.g. the British southern
Cameroons that joined Nigeria after the plebiscite of 1961 in
Cameroon).
• Legitimation or recognition: Finally, nationality can also
be gained as an honour bestowed upon an individual because
of his political accomplishments or because of his
contribution to promoting human dignity. For example
political figures like Nelson Mandela and Miriam Makeba
have been given the citizenship of Guinea, Tanzania and
Liberia.
LOSS AND FORFEITURE OF CAMEROON NATIONALITY
The lost of citizenship is governed by laws which vary from
state to state. There are three main ways by which Cameroon
nationality can be lost: acquisition of foreign nationality,
voluntary renunciation and government decision.
•Acquisition of a foreign nationality: any individual who
willingly acquires the nationality of another state shall
automatically lose their Cameroonian nationality. In addition,
it states that children of parents with different nationalities
must choose either one nationality or the other upon
reaching the age of majority.
•Renunciation: the 1968 law also allows an individual with
Cameroonian nationality to wilfully renounce that nationality.
An example is an individual marrying a foreign person and so
renouncing Cameroonian citizenship in other to acquire
foreign citizenship through that marriage.
• Government decision: any Cameroonian may lose
his/her nationality if he or she continues to work in an
international or foreign body despite an injunction by the
government to resign. For those who have gained that
nationality through marriage or naturalization within the
previous ten

6
years, the government may revoke that nationality by decree
if the individual has either committed a criminal act against
state security.
•Acquisition of nationality by fraudulent conduct;
•Voluntary service in a foreign military force;
•Conduct seriously prejudicial to the vital interest of the state
party;
•Lack of genuine link between the state party and the
national habitually residing abroad;
•Where it is established that the preconditions which led to
the ex lege acquisition of a minor are no longer fulfilled; and
•Adoption of a child if the child acquires or possesses the
foreign nationality of one or both of the adopting parents.

Some obligations of the state to its citizens

The relationship between the state and its citizens can
better be understood if we look at the duties and
responsibilities of the state towards individuals and vice
versa.
•Responsibilities of the state to its citizens
•Protection: one of the fundamental duties of the state is
to guarantee the protection of its citizens. Protection
includes protection from thieves and armed robbers,
protection from oppressive officials and even protection
from aggressive nations or citizens from foreign nations
residing in the country. An organised, well trained, duty
conscious police is always in place to ensure internal safety
and security of citizens while the army and gendarmerie are
there to protect nationals and the state from foreign
aggressors.
• Education: the quality of services, general health and
development of a country depend on the educational
system of the country. The state has as duty therefore to
provide directly or indirectly quality education for nationals.
This explains why primary education is free in Cameroon

7
and many secondary and higher learning institutions are
created on a daily bases.
• Job creation: the state has the duty of creating and
providing jobs for its citizens. The state may not do it for all
and cannot do it alone but must create a favourable
environment for the private sector to assist. This can be
done through provision of incentives and resources to
credible and enterprising individuals to start projects and
rewarding gifts, talents etc.
• Health care: it has the duty to provide good medical
facilities for citizens, make sure that its citizens live in a
healthy environment in order to prevent the outbreak of
epidemics, provide basic amenities etc.
•Assistance to underprivileged: citizens that are unable
to help themselves are supposed to be assisted by the state.
This category of people include orphans, disabled, visually
impaired, street children etc.
In as much as the state has duties vis a vis its citizens, the
reverse is also true for citizens. Some of these include:
•Respect for the laws of the country: there can be no
descent society without laws and regulations to guide
conducts. Good citizens participate in the law making
process of the country and must learn to respect same. A
good citizen is one who respects the laws of his country and
those of other countries. However, failure to do so will invite
punishment because the law is no respecter of persons.
•Participate in selecting their leaders (elections):
states exist because there are the governed and the
governors. The main way through which these leaders are
selected is by voting. This explains why the citizen should
participate in choosing his leaders.
• Tax Paying: taxes are one of the means through which
the state generates income for public expenditures like the
provision of health care, basic amenities etc. Honest citizen
will pay his taxis and not bribe the tax officials to evade taxis.
Other duties include: keeping the environment clean, respect
for public structures and images, public indecency e.g.
urinating in public, use state resources judiciously, help the
police track down criminals etc.
CHAPTER TWO:
ETHICS, DEONTOLOGY, MORALITY AND
PROFESSIONALISM
Throughout the history of ethical thinking there has been a
coexistence of the terms ethics and moral used either as
synonyms or distinct concepts. However, some consider the
terms as synonymous while most scholars make the
distinction. The personal concepts of ethics are organised
into two subcategories: one describes rationalist and
essentialist ethics based on the reflection of human
conduct; the other refers to a contextualising and
consequentialist conception of ethics that calls for
action, feelings and the consequences of action.

The category “notion of moral”, expressed through different

indicators leads us to standards of behaviour in particular
situations. As for the category “relation between ethics
and moral”, indicators point to the fact that ethics outdate
moral, it is general, abstract and universal in nature
while morals is more regulatory and particular in
character.
Deontology on its part is seen as the regulation of action
in professional contexts, i.e. as a guiding regulatory
framework which derives from professional ethics. It is
applied in any situation that may or may not be covered
by the code of the profession.
• The meaning and sources of ethics
• The meaning of ethics
As children, we were taught by our parents that it is wrong
to lie, cheat, and steal. As we grow up and enter into the
real world with some knowledge of right and wrong, we see,
first hand, the importance of ethics as well as its complexity.
The role of ethics in our society is very necessary because it
has a large influence on today, as well as the future. We
need to learn about good ethics because they guide our
decisions, make us who we are, and determine our future.
Ethics are learned throughout our lives as we associate with
others. During years of schooling, we learn ethics as we
interact with teachers and classmates and learn respect and
other skills. In the work place, we learn responsibility,
teamwork, punctuality, and communication skills.
When we understand why these ethical values are
necessary, we realise the importance they have in our
success as well as our everyday lives. We use these skills,
along with our knowledge of right from wrong as we go
about various activities. We know that it is unlawful to run a
red light, shoplift, and lie under oath. Because good ethics
make us honest, lawabiding citizens, we contribute to the
good of society.
Today’s society is full of crime, irresponsibility, and
dishonesty but imagine if the entire population had no sense
of ethics. The role of ethics in our society is very important
because it is the basic beliefs and standards that make
everything run smoothly. Ethics are involved in all
organisations and institutions around us, be they political,
medical, lawful, religious, or social. Because we believe our
doctors are ethical, we feel certain we can trust their
diagnoses. If ethics did not apply to medicine, some doctors
may knowingly misdiagnose their patients just for the sake
of money rather than for the persons’ health and wellbeing.
Our beliefs, standards, and personalities are formed by the
way we interpret what is wrong and r ight and how we
act upon these interpretations. It involves not only our
thinking, but also our feeling. Not only do we need to know
what ethics are, but we also need to want to act upon them.
People can have the knowledge of r ight from wrong,
but still have no desire to live and act in an ethical
manner.

We know that ethics are more than abstaining from lying,

cheating, and stealing, but that it is the knowledge of right
from wrong which influences one’s conduct and decisions.

Ethics deals with character, manner, behaviour and

morals. It is a set of beliefs which controls behaviour.
In other words, ethics is a set of principles,
regulations and codes of conduct recognised in a
given profession or group as acceptable. It studies
rights and wrongs in a given profession. It regulates
behaviour and fosters relationships among members. Every
profession should have a code of ethics that governs the
behaviour of its members. i.e. how interaction with one
another and with the public at large should be managed.
Ethics can be applied in various fields like journalism,
banking, management, medicine, law, education etc.
•Foundations of ethics
Also, with regard to the origin of these conceptions opposite
subcategories can be noted. For the majority, they are
acquired from a personal construction that derives from
several influences. These include primary and secondary
sources and forms of socialisation, among which the following
stand out: family, religion, education and work experience,
and to a lesser extent, the influence of authors, above all
philosophers and psychologists. For a small minority, ethical
conceptions are innate and based on the biological basis of
consciousness. Hence, although ethics suffer some social
influences, “there are a natural ethics that are engraved in
our history, in our mental structures e.g. “a natural ability
to tell good from evil”.
There are three principal foundations of ethics: the
divine theory of ethics, the theory of forms and the
relativism theory.

•The Divine Theory of Ethics: this theory argues that

ethics originates from God. It states that it is what God
commands that is morally right. The theory argues that God
is holy, good, kind, merciful and commands that these
attributes be made manifest in his creatures and their daily
lives. God has certain attributes and created man in his own
image to portray these qualities. The Ten Commandments
given to Moses is the basis for which man should relate with
his creator and with fellow men. It is from this that some
scholars are of the opinion that ethics originated from God in
the beauty of his holiness.
 10

• The Theory of Forms: this is the view of philosophers

who argue against the Divine Theory School of ethics.
Plato is one of those philosophers who argue that there is
an autonomous body outside of God which is the
absolute source of ethics. They propound that this absolute
source of morality has never been revealed to man and that
is the reason why no one can be certain if he or she has
attained absolute morality.
• The Relativism Theory: this view holds that knowledge
as well as ethics is relative. It stipulates that there is no
complete morality because all ethics is relative to
circumstance, people and culture. This view is the most
criticised because it logically implies there is no ethics in the
real sense.
B. The evolution of ethics

Ethics is a branch of philosophy which as a science that

studies morality has undergone several developments. Its
foundation can be traced to ancient Greek civilisation. The
founding fathers who propounded on ethics were the
Sophists who disagreed with the moral values that existed
within the Greek aristocracy. They fought for the
legalisation of what is considered legally right or wrong.
Plato also contributed to the development of ethics. To him,
true reality was determined by form, and goodness was the
highest of all the forms that existed in society. He saw
goodness as the greatest value that should be promoted.
Aristotle is considered one of the greatest naturalists. To
him and other naturalists, our inborn or inherent goals
define to us what is good. They believe that our conscience
is the natural faculty which makes judgement of what is right
or wrong. Some naturalists believe natural law comes from
Divine law since man shares some amount of reasoning
faculty with God.
Other philosophers who have contributed in this field of
ethics are those classified as Epicureans. They propounded
that ensuring that you have a pleasant life is what is
considered good morals in life. They saw pleasure as the
ultimate end.
The Stoics on their part greatly disagreed with the
Epicureans. Stoic philosophers held much on natural law and
propounded that everything

11

happens in accordance with natural law. They also believed

that vir tue (or what is morally right) is some kind of
awareness that is essential for happiness.
Next on line are Christian philosophers. The most
prominent of them was Thomas Aquinas who also
propounded natural law. To him, humans share some
reasoning faculty with God and natural law is part of
eternal law. Followed to him was MooreBruder who said
natural law is eternal law of God which is written in the
hearts of human beings and taking into custody by their
conscience.
Distinction between general and professional ethics

General ethics are a set of principles developed within a

given society. Professional ethics on the other hand, are a
set of principles developed over time by a given profession.
Such ethics have a scope of coverage and people in authority
to access or evaluate, amend or even delete their existence.
• The
relationship
between
 morality, law
and ethics Law
and morality
There has been a heated debate as to whether the law (the
criminal law) should concern itself with morality. The
wolfenden committee on homosexuality and prostitution has
pointed out the function of the criminal law was not to seek
to enforce a particular pattern of the year. In other words
there ought not to be any legal enforcement of morals. For
example, it may be morally very wrong to use obscene
language in the presence of infants but it is not a crime to do
so. However, there has been a great deal of controversy over
the issue. Lord Simonds in the selected case of Shaw v
D.P.P left no doubts when he said “there remain in the
courts of law a residual power to enforce the supreme and
the fundamental purpose of the law, to conserve not only the
safety and order but also the moral welfare of the state”. His
lordship then held that the courts were Custos Morum
(custodians of morals) of the people and have to oversee and
control conducts that was considered as repugnant to public
morality (i.e. acts that are Contra Bonos Mores). Today, it is
arguable whether the law actually enforces morality.

12
Ethics and morality
Ethics and morals both relate to “right” and “wrong”
conduct. However, ethics refer to the series of rules
provided to an individual by an external source. e.g. their
profession. On the other hand, morals refer to an individual’s
own principles regarding right and wrong
Ethics Morals
What are The rules of Principles or
they?: conduct recognised habits with
in respect to a respect to right
particular class of or wrong
 human actions or a conduct. It
particular group, defines how
culture, etc. It things should
defines how thing work according
are according to the to an
rules. individuals'
ideals and
principles.
Where do Social system Individual
they come External Internal
from
Why we do Because society Because we
it?: says it is the right believe in
thing to do something being
right or wrong.
What if we We may face Doing something
don't do it peer/societal against one's
disapproval, or even morals and
be fired from our job principles can
have different
effects on
different people,
they may feel
uncomfortable,
remorse,
depressed etc.
Flexibility Ethics are Usually
dependent on others consistent,
for definition. They although can
tend to be change if an
consistent within a individual’s
certain context, but beliefs change.
can vary between
contexts.

13
A person strictly A Moral Person
following Ethical although
Principles may not perhaps bound
have any Morals at by a higher
all. Likewise, one covenant, may
could violate Ethical choose to follow
Principles within a a code of ethics
given system of as it would apply
 rules in order to to a system.
maintain Moral "Make it fit
integrity.
Greekword“ethos”me Latin
aning“character” word"mos"
meaning
"custom

Law and ethics

The debate has been heated as to whether there is any

relationship between law and ethics. Ethical values and legal
principles are usually closely related, but ethical obligations
typically exceed legal duties. Their difference is that in some
cases, the law mandates unethical conduct. In exceptional
circumstances of unjust laws, ethical responsibilities should
supersede legal obligations. Law is similar to ethics in that
both can trace their origin from the Divine. They both point
out clear behaviour which applies to a group of persons.
• Deontology,
Professional
ethics and
Professionalism
The notion and
types of
deontology
Deontology is a form of moral philosophy centered on the
principles of eighteenth century philosopher Immanuel
Kant. Its name comes from the Greek words deon which
means science and logos, which means duty and
therefore deontology meaning “the study of duty”.
This school of ethics is based on the notion that people have
the duty to always obey moral rules, regardless of any
positive outcomes that can come from breaking them.
The basis of deontology is to assess a person’s character by
how well he or she follows moral rules, even if by doing so,
tragic results occur. It is different from consequentialism.
Consequentialism favours the Good over the Right, while
deontology always advocates the Right over the Good. For
instance, Kant gave the example that it is wrong to lie even if
it could save a person’s life.

14
Types of deontology
Divine command: it states that an action is judged morally
correct when it is in conformity with the rules, duties and
obligations instituted by God.
Duty theories: according to this type, an action is judged
correct if it goes in accordance with a list of duties and
obligations.
Rights theories: this type is of the view that individuals are
free to carry out any act in as much as it does not interfere on
the rights of others.
Contractarianism: it states that an action is morally right if
it goes in conformity with the rules that individuals will
accept to observe before getting into any contract or social
relationship.
Professionalism and its implications

Most times, professionalism is often taken to mean having

training in a particular trade. It is also tempting to think that
once one graduates from a professional school, he
automatically becomes a professional. Professionalism goes
with having the right approach or attitude. It goes beyond
just having the certificate and extends to how a person
relates with his colleagues and other members in the
society. It involves politeness, courtesy, friendliness etc.
Professionalism welcomes words like: “I am sorry”, “Thank
you”. It will also mean having the right approach in public
speaking and lobbying. A true professional must love his
work and love to work with others. It will also mean having a
mastery of one’s field.
Students of most professional institutions usually have
periods of internship whereby intricacies on a job are
imparted on them by senior future colleagues. This can also
be enriched through seminars, workshops and conferences
related to one’s profession. Today, technology has been
improved such that professional training can be gotten
online. A true professional must be able to respect the ethics
of his job and ethical codes.
Code of Ethics: these are rules of conduct governing a
particular profession. Every profession must have an
established ethical code which may include things like:

15

Honesty: A true professional is honest and full of integrity.

He says what he can do and does what he says. He is loyal
and ready to serve his organisation and his country. He does
not lie, cheat and is trustworthy.
Impartiality: a true professional is expected to act fairly,
and without bias to other members of other professions and
the public at large.

Competence: a professional should be able to exercise and

demonstrate efficiency in his profession. He will not accept a
job when he is incompetent to perform the task.
CHAPTER THREE: HUMAN RIGHTS

• The notion and

origin of the
concept of
human r ights
Definition of
Human Right
Human rights are rights that are inherent to all human
beings irrespective of their nationality, place of residence,
sex, ethnic origin, colour, religion and language. Human
rights are those rights which are inalienable in man and
without them man will cease to exist. Human rights are
possessed by every human being by virtue of the fact that
they are human beings. Human rights entail both rights and
obligations. States assume obligations and duties under
international law to protect and promote human rights. This
means that states must refrain from interfering with the
enjoyment of human rights and must protect individuals
and group against violation. Human right is as old as
humanity but the appellation “human rights” is a modern
creation. The core of human rights is the respect for human
dignity, freedom and liberties.
The necessity to study human rights is drawn from the fact
that it seeks to promote equality, eradicate violence and
regulate human behaviour in the society. It prevents conflicts
at all levels in the society.
Origin of Human Rights
The concept of human rights is ageold and has undergone
changes over time. Human rights were first perceived as the
“law of nature” which

16

meant different things at different times. At one time, it was

natural law, then natural r ights, r ights of man, but
now it is human rights. Natural law is essentially a human
concern based on morality, which is attributed to the direct
consequences of man’s dignity and power.
The concept of human rights existed before the coming of
Christ. It was embedded in Greek Philosophy and
propounded in the teachings of ancient philosophers like
Plato and Aristotle. Most world religions like Christianity and
Islam strongly advocated for the notion of human rights as
their fundamental believes centered on peace, love,
kindness and justice towards one another.
Efforts attributing respect to the natural value of a human
being was empowered in the 13th century with the advent
of the English Bills, American and French
Declarations. The English Bills were the first legal
documents from which the term liberty penetrated into the
human rights vocabulary. This was seen in English texts such
as, the Magna Carta of 1215, which curbed the penal
arbitrariness in England. The 1628 Petition of Rights,
closely followed by the 1689 Bills of r ights made a clear
distinction between individual rights and those of the crown.
At the dawn of the 17th century, a group of individuals
emerged and pushed forward the notion of human rights to
a new dimension. This notion was moved from a position of
privilege status and rank to a r ight to be enjoyed by
all.
In America, the notion of human rights was embraced and
this was manifested in the American Declaration of
Independence in July 4th 1776. The 1776 American
Declaration of Independence asserted that “all men are
created equal, and that they are endowed by the
creator with certain inalienable r ights, among which
are life, liberty and the pursuit of happiness”.

The name human right was further made official for the first
time in the French Declaration des Droits de l’Homme
et du citoyen (1789) at the time of the French Revolution.
The 1789 French Declaration of human rights was
particularly significant in the advancement of human rights.
This declaration contained the words “natural, inalienable
and sacred r ights of man” which marked the end of an
era, and the beginning of a contemporary Europe in the area
of human rights. These declarations are considered as the
foundation for the development of human rights in Europe,
America and around the world.
 17

The birth of the United Nations brought a new dimension to

human rights. With the coming of the UN, there was the
creation of a comprehensive body of human rights law,
which, for the first time in history, provides us with a
universal and internationally protected code of human
rights, one to which all nations can subscribe and to which all
people can aspire. The UN has defined a broad range of
internationally acceptable rights including economic, social
and cultural as well as civil and political rights. In 1945,
human rights came within the sphere of international law
with the signing of the United Nations Charter on 26 June
1945. In 1946, the UN Commission on Human Rights was
established. In 1948, this commission submitted a draft
Universal Declaration of Human Rights (UDHR) which was
adopted by the UN General Assembly in 1948. This is the
major international document on human rights that laid the
foundation for the respect of human rights. Beside this
declaration, many other instruments have been enacted
introducing different aspects of human rights protected.
Some of these instruments include: The International
Covenant on Civil and Political Rights (ICCPR), the
International Covenant on Economic, Social and Cultural
Rights (ICESCR). It has also established mechanisms with
which to promote and protect these rights and to assist
government in carrying out their responsibilities.
Since the adoption of the Universal Declaration of Human
Rights (UDHR), human rights have received a unique level of
global attention and support.
Characteristics of Human Rights

• Human r ights are inalienable. This means that you

cannot lose them, because they are linked to the very fact
of human existence. In particular circumstances, some
though not all, may be suspended or restricted. For
example, if someone is found guilty of a crime, his or her
liberty can be taken away; or in times of civil unrest, a
government may impose an order restricting freedom of
movement.

• They are indivisible, interdependent and

interrelated: This means that different human rights though
of divided generations, are interconnected and cannot be
viewed in isolation from each other. The enjoyment of one
right depends on the enjoyment of many other rights and
no one right is more important than the rest.

18

•Equality: This means that they apply equally to all people

everywhere in the world, and with no time limit. Every
individual is entitled to enjoy his or her human rights
without distinction of race, colour, sex, language, religion,
political or other opinion, national or social origin, birth or
other status.

•Universality: We should note that the universality of

human rights does not in any way threaten the rich diversity
of individuals or of different cultures. Diversity can still exist
in a world where everyone is equal, and equally deserving of
respect.

• Internationally guaranteed and protected: human

rights are established in international law especially under
the branch referred to as public international law. They are
also protected under international treaties, conventions and
other important international documents.
Categories of Human Rights

Human rights are divided into three categories usually

referred to as “generations”. The division of human rights
into three generations was first proposed by Karel Vasak at
the International Institute of Human Rights in Strasbourg. His
division follows the principles of Liberté, Égalité and
Fraternité of the French Revolution.

The fir st generation r ights: First generation rights are

related to liberty and refer fundamentally to civil and
political r ights. They are usually referred to as blue r
ights. Some of these rights include
• The r ight to life: it is to the effect that life is not given
by any human being therefore no human should take life.
Nobody should deprive another person of the right to live,
except in accordance with the law.
• Freedom from torture and inhuman treatment: it
holds that torture for whatever reason is prohibited. Not
even the government has the right to torture, not the police,
not the prisons.

19
•Freedom of movement: no one should be restricted from
his freedom to move. However, in certain cases, this right
can be limited.

Other similar r ights include: freedom from slavery,

freedom of thought, conscience and religion, the right to
liberty, freedom of expression, right to peaceful assembly and
association, the right to privacy.
The second generation r ights: they are related to
equality, including economic, social and cultural r
ights. They are also referred to as the red r ights. Some
examples include:
• Fair tr ial: every human person has the right to fair and
public hearing for criminal charges against him. Such
hearings should be carried out by competent independent
and impartial courts.
• The r ight to education: everyone has the right to
education in order to enhance his mental, spiritual and
professional development.

Other similar r ights include: right to adequate housing,

employment facilities, qual working conditions, equal pay for
equal work, social security etc.
Third generation r ights: they are equally referred to as
‘solidarity r ights’, it covers group and collective rights,
which include, inter alia, the right to development
(sustainable development), the right to peace and the right to
a clean environment. They are referred to as the green r
ights.

As earlier stated, these three categories of rights

are indivisible, they cannot be separated but rather
complement each other. Basic Rights
Basic rights include the right to life, the right to a minimum
level of security, the inviolability of the person, freedom
from slavery and servitude, and freedom from torture,
unlawful deprivation of liberty, discrimination and other acts
which impinge on human dignity. They also include freedom
of thought, conscience and religion, as well as the right to
suitable nutrition, clothing, shelter and medical care, and
other essentials crucial to physical and mental health.

20

Mention should also be made of so called ‘participation

rights’; for instance, the right to participate in public life
through election or to take part in cultural life. These
participation rights are generally considered to belong to the
category of fundamental rights, being essential
preconditions for the protection of all kinds of basic human
rights.
Limitation, Derogation and nonderogation of Human
Rights

Even though human rights are fundamental and should be

respected by all, there comes a time where such rights can
be limited like when it concerns the security and peace of
the state, to protect the rights of others. Limitation of rights
is a situation where some states can decide to place some
restrictions on certain rights of some citizens. The state in
question can fail to respect rights of people when it has that
obligation to maintain public order and tranquillity. These
limitations are established by law.

Derogation of rights simply means that some rights can

temporarily be suspended this happens in rear cases that
concerns the security of the state like in emergencies. Even
when this happens, the population is reliably and
adequately informed of such suspension of rights. This
should however last only for a short period of time.

Nonderogation (nonDerogable r ights): This therefore

means that even though the state can violate certain rights,
there are others that the state must preserve and in no
circumstance should the state violate such rights. These
include the right to life, that of physical integrity and even
that of bodily harm such as torture and the rights not to
enslave.

Human Rights Violations

21
There has been a series of events where these inalienable
rights of all human beings are not respected; they are
violated by those around them and even the authorities who
were supposed to protect them. These violations take place
during times of war as well as peace times. These violations
include:

•Torture: that is, causing serious bodily or mental harm on

someone which leads to grave injury. The reason may be to
obtain information or confession for a crime committed.

•Sexual violence, rape and harassment: this is a

phenomenon which is mostly experienced by women and
children. In many countries in Africa plagued with civil wars,
rape and sexual harassment is practiced at a very alarming
rate. Violations also occur when people fail to respect the
principles of human rights such as equality, universality,
inalienable and even independence.

• Discrimination, tribalism, racism and even xenophobia are

all elements of violations of the fundamental rights of all
human beings. Here treatment is based on race, colour, sex,
religion, language, beliefs etc.
•Arbitrary arrest and detention, summary execution.

• Genocide: These are actions carried out either by the

government or a group against another group with the aim of
exterminating the whole or part of the other group. Example
was in Rwanda.
•War crimes, crimes against humanity etc

• Basic international
and national
instruments on
human r ights
International laws

22

For rights to be encouraged and promoted, it must be

recognised and protected. It is for this reason that a series
of instruments or laws have been put in place both at the
international and national levels to award these human
rights some importance. At the international level, there
are Charters, like the United Nations Charter on Human
Rights of 1948 which states 30 main human rights to all,
the International Covenants on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural
Rights of 1966, The European Convention for the Protection
of Human Rights and Fundamental Freedoms, 1953, The
African Charter on Human and Peoples Rights (ACHPR) was
adopted by the then Organisation of African Unity (OAU,
today known as African Union) in 1982 and entered into
force in 1986, the Convention of the Rights of a Child 1990,
the Convention on the Elimination of all forms of
Discriminations Against Women known as the CEDAW, and
other related laws.
National laws

At the national level especially in Cameroon, we have the

1996 Constitution (being seen as the most recognised law of
the Republic) which in its preamble provides a list of rights
and freedom that are classified as human rights. Apart
from the constitution, there is also the Cameroon Criminal
Code of 1969, the Criminal Procedure Code of 2005 and other
laws.
Protection of Women Rights
Researches have shown that women and children are
considered as the most vulnerable in society. The general
tendency is that Women around the world and Cameroon in
particular undergo a lot of violations of their rights and
status. It was as a result of this that the international
community thought it wise to initiate an international
instrument to protect the women known as the Convention
for the Elimination on all forms of Discriminations Against
Women (CEDAW) 1984 whose main objective was to stop all
the racial discrimination carried out on women and to bring
some degree of gender equality. Women experience lots of
violations such as rape, sexual violence, gender
discrimination, female genitals mutilations (FGM), denial of
education and other related offences. This international
convention was put in place to fights against these offences

23

or crimes committed against a woman, that is why in

Cameroon a ministry of this nature was created that is the
Ministry of Women and Protection of the Family to cater for
such issues. Women do not take part in the decision making
machinery of most communities even where it affects them.
In some societies, they are even denied the right to inherit
property because they are also considered as property.
Children

Apart from women whose rights are being violated, children

also experienced some violations of their basic rights. for
this reason a convention was put in place by the United
Nations to protect the right of a child known as the
Convention on the Right of the Child of 1990 created to
protect and guarantee children rights. These rights include
the right to nutrition, education, and freedom for torture,
right to health, that of a healthy living conditions, the right
against child labour, the recruitment of child soldiers etc.
Every state has that responsibility to respect and protect
the rights of children under their territory, and in no
circumstances should such right be violated by any.
Cameroon and Human Rights.

Cameroon like most African countries since independence

has made tremendous commitment towards promoting
human rights. The country has ratified significant
international conventions that uphold and enhance human
rights. Some of these international statutes include: the
Universal Declaration of Human Rights, the African Charter
on Human and Peoples Rights, the International Covenant on
Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention on
the Elimination of All Forms of Discrimination against
Women, the Convention on Rights of the Child, the
Convention on Torture and other Civil and Degrading
Punishment and Treatments, the African Charter on the
Rights of the Child and the Convention on the Status of
Refugees.
Cameroon being a bijural nation of the English and French
speaking have respected and responded to issues relating to
human rights protection and guarantee. This can be seen by
the putting in place the constitutions of 1st October 1961,
2nd June 1972 and 1996 to effectively guarantee such

24

rights. This fundamental document has provided in its

preamble the various human rights that should be
protected by all without any discrimination. Such rights
include the rights to life, freedom of movement, integrity, to
own property, protect the disable, the home of people,
family and others. This preamble have been given
recognition in its article 65 as part and parcel of the
constitution; violating it automatically means violating the
constitution itself and it will amount to sanctions and
punishment of such persons. This same constitution provide
in its article 1 that all persons are equal before the law.

In order to strengthen the constitution, other laws were

equally enacted to enhance and promote human rights.
These laws are the Penal Code of 1967 which makes
mention of the various crimes that if committed will be
punished upon. Some of these include rape section 296,
simple and slight harm section 280 and 281 respectively,
grievous harm section 277 and many others. Even the 2005
law on the Criminal Procedure was initiated to guarantee the
rights of all during judicial procedures. Similarly, there is also
Law No 90/53 of 19 December 1990 on Freedom of
Association and Freedom of Expression. The Cameroon
government has also created some bodies to take care of
human rights like the Ministry of Justice, Social Affairs,
Women and Family protection and also organ such as the
National Commission on Human Rights and Freedom created
in 2000 to take care of human rights abuses in the country.
Many other NGOs, Human Rights Groups, Civil Society
groups have all been created to collaborate with the
government in order to fight human rights violations.

National Commission on Human Rights and Freedom

(NCHRF)

With the rising tides of human rights issues in the world

and in Cameroon in particular, and showing its commitment
to international human rights instruments, the government
of Cameroon created the National Commission on Human
Rights and Freedoms (NCHRF) known as the Commission.
This is to further promote and protect human rights in
Cameroon. The NCHRF was created by Law No 2004/016 of
22 July 2004, which brings out its organisation and
functioning. According to section 1(2) of the said law, the
NCHRF shall be an independent institution for

25
consultation, monitoring, evaluating, dialogue,
concerted action, promotion and protection in the
domain of human r ights.

Composition of the NCHRF

As far as organisation and composition are concerned, this
law states that the commission shall comprise 20
commissioners, which shall be appointed by the Decree of
the president upon the proposal of the service, socio-
professional association or bodies to which they belong, at
the behest of the chairman for five years term renewable
once.
Structure of the Commission

Decree No 2005/254 of 7 July 2005 lays down the procedure

for implementing Law No 2004/016 of 22 July 2004 on the
setting up, organisation and functioning of the NCHRF. This
decree provides in article 2 that in order to accomplish its
mission, the commission shall have a Permanent Secretariat
managed by a Secretary General appointed by a Decree of
the President of the Republic upon the proposal of the
chairman of the Commission. The permanent secretariat is
divided into the division of protection and promotion of
human rights and freedoms, the service of cooperation,
documentation and research, the general affairs service, the
service of translation and interpretation and the reception of
mails and liaison service. This is how the Commission is
organised to fulfil its mission of promoting and protecting
human rights.

Functions of the Commission

The commission functions in the following;
•Receives all claims concerning violations of human rights
and freedoms;

•Conducts all necessary inquiries and investigations into

cases of violation of human rights and freedoms and, in that
connection, reports to the President of the Republic;

26
•Refers the cases of violation of the human rights and
freedoms to the appropriate authorities;

•Where necessary, visits detention facilities, police stations

and gendarmerie units in the presence of the competent
public prosecutor or his or her representative;
•Proposes to the authorities measures to be taken in the
areas of human rights and freedoms;

•Where necessary, maintains contacts with the United

Nations, international organisations, and foreign
committees or associations pursuing similar goals;
•Examine all issues raised relating to human rights and
freedom as they affect foreigners and nationals alike;
•Disseminate instruments relating to human rights of
foreigners/nationals;
•Organises workshops and seminars to educate people on
human rights issues.

CHAPTER FOUR: FUNDAMENTAL ENVIRONMENTAL

ISSUES
• Definitions and overview of the concern for
environmental protection.
• Definition of key words
Environment: article 4(k) of Law No 96/12 of 5th April 1996
relating to Environmental Management in Cameroon defines
environment as “all the natural or artificial elements and
biogeochemical balances they participate in, as well as
economic, social and cultural factors which are

27
conducive to the existence, transformation and development
of the environment, living organisms and human activities.

Climate change: Climate change is alteration of the world’s

climate due to the depletion of the ozone layer. The ozone
layer is a layer above the earth that prevents sun rays from
reaching the earth surface.
Pollution: Pollution as defined by the 1996 law, “Shall be
any contamination or direct or indirect modification of the
environment provoked by any act likely to:
•negatively affect a positive use of the environment by man;

•threaten the health, security and wellbeing of man, the flora

and fauna, air, the atmosphere, waters, soils, and collective
and individual goods”. Pollution may be expressed in diverse
forms, with the major forms being atmospheric, land and
marine pollution. Other minor forms of pollution include:
olfactory and resonant nuisance and sewage pollutions.
Waste disposal: it is the unconventional production and
deposit or disposal of biodegradable and nonbiodegradable
wastes by either an individual or a corporation. In most
circumstances the used untreated industrial waste water
containing dangerous and poisonous substances is said to
be disposed in streams and drainages.
Sustainable development: The Bruntland Report defines
sustainable development as; “Development that meets the
needs of the present without compromising the ability of
future generations to meet their own needs. It contains two
key concepts:
the concept of needs, in particular the essential needs of the
world's poor, to which overriding priority should be given; and
the idea of limitations imposed by the state of technology
and social organisation on the environments ability to meet
present and future needs”. Taken from Tamasang, C.F. (2008),
“Sustainable Development: Some Reflections with regards to
the new constitutional dispensations in Cameroon”, Revue
Africaine de Sciences Juridiques. Vol.5,No.1, p.146
• General introduction and the move towards
environmental protection

28

The earth continues to experience recordbreaking

temperatures caused by increased concentration of carbon
dioxide (CO2) and other greenhouse gases in the
atmosphere. This buildup is the result of human activity
especially the use of fossil fuels in, for instance automobiles
and power plants. This has been the result of the quest for
development without a corresponding guarantee to
effective environmental management that ensures
development that is sustainable.
The impacts of human activities on the physical environment
stretch back before the dawn of civilisation. The deliberate
use of fire to clear land, for example began tens of
thousands of years ago. By the time of the Greek and
Roman empires there were new concerns arising about
issues such as pollution and occupational health. With
industrialisation, concerns about the localised
environmental impact gradually evolved into concern about
the global environment. During the 20th century, these
concerns developed into a debate about the sustainability of
our economy and the society and environment within which
it exists.

The problem of environmental degradation has hit top new

headlines at the national and international levels.
Environmental degradation has a great implication on the
humans and the general ecosystem.
Widespread concerns on the protection and management
of the environment reached its height in 1972 with the
birth of the Stockholm Declaration, which was the outcome
of the United Nations Conference on the Human
Environment.
Prior to the Stockholm Conference, many poor countries did
not accept the necessity for global cooperation to protect
the environment, because such problems were considered
predominantly as ailment of rich industrialised countries.
The Declaration begins with a statement that man is both
the creature and moulder of his environment; the natural
element and manmade are essential to human wellbeing
and to the full enjoyment of basic human rights, including
the right to life.
At Stockholm, developing countries seeking to become
industrialised choose to ignore the cost of industrialisation.
Same countries also suspected that the wealthy
industrialised nations of the north subordinated foreign
economic development to environmental protection,

29

considering the former less urgent than pollution and nature

protection. Some feared that funds previously dedicated to
development would be diverted to fight environmental
deterioration. However, since Stockholm, the commitment of
the international community in protecting and preserving the
environment has grown from strength to strength. Many
other international conventions having a bearing on the
environment have been concluded and institutions
established towards this goal.
• Major environmental threats

The effects of man’s activities on the environment is quite

evident. As the pressure of overpopulation and development
increases, it is becoming increasingly difficult for people to
provide for their needs and wants. It is also becoming
impossible to escape the consequences of environmental
degradation; species extinction, climate change, expanding
deserts, pesticide contamination, increasing public health
problems, starvation, poverty and loss of human life. There
is a fear that if current rate of degradation of the
environment continues, we would see the gradual
breakdown of the very system that supports life on earth.
• Climate Change: Climate change is alteration of the
world’s climate due to the depletion of the ozone layer. The
ozone layer is a layer above the earth that prevents sun
rays from reaching the earth surface. Climate change is
one of the major challenges that are plaguing our society
today. Today, it is becoming increasingly difficult to actually
determine the seasons. This is even made more complicated
by global warming. Climate change is evident in several
ways and its impact in different parts of the world is varied
depending on the ecology. The effects of climate change are
felt more by the developing countries though they
contribute least in its cause. Some of the effects of climate
change can be seen in the area of agriculture. The rise in
temperature affects agriculture and consequently brings
about poor yields. The chain effect of this is the rise in food
prices in some areas and starvation in others. It equally leads
to a rise in sea level and as a consequence, settlement
problems. This has been manifested in the form of floods, soil
erosion etc.
• Land Degradation and Desertification: Land
degradation and desertification is one of the threats the
environment is facing today especially the developing
countries. A greater portion of the earth’s surface is used
for activities which tend to overuse the earth such as crop
production

30

and over grazing. This continuous degradation and clearing

of land has led to desertification. The principal causes of
desertification are over cultivation, overgrazing, over
exploitation of forest, poor irrigation schemes etc. Today it is
said that the desert is fast encroaching to the centre from
the northern part of Cameroon. The effects of desertification
are poor harvest, soil erosion, excessive heat, loss of
biodiversity, droughts etc.
• Loss of Biodiversity: Biological diversity refers to the
genetic diversity within a given species, the million of
individual classes of plants (flora), animals (fauna) including
genetically mutilated species and microorganisms and
various types of ecosystems. Climate change has a
negative effect on plant and animal species as it may lead
to the extinction of certain species of flora and lead to the
movement of fauna species out of their habitat. Biodiversity
is of paramount importance to humankind. It facilitates air
and water purification, climate regulation, drought and flood,
serve as food, and used for the development and production
of drugs.
d. Deforestation: Deforestation is a situation whereby the
forest is logged without a corresponding proportion of the
forest replanted. The world and Cameroon in particular is
losing large portions of it forest to agriculture, over logging
and illegal logging. More than 3/4 of the world’s forest
reserves have been used up. The reason for this has been for
agricultural, industrial and commercial reasons. These are
forests that have taken hundreds of years to grow and are
improperly over exploited with the compliance of some
regimes which endanger the environment and human life.
•Pollution: Pollution, especially industrial pollution is one of
the biggest threats facing the environment today. The quest
for development has led to the establishment of
multinationals across borders. These companies establish
and maintain pollution intensive technologies and care less
about the environment. Sometime, because of their capital
they influence the law making process of the country to their
favour.
Pollution may be expressed in diverse forms, with the major
forms being atmospheric, land and marine pollution. Other
minor forms of pollution include: olfactory and resonant
nuisance and sewage pollutions. It may be caused by the
introduction of substances on the earth surface by
industrial, chemical, domestic and agricultural activities such
as mining, deforestation, littering etc.

31
•Other threats: other environmental challenges include:
fresh water degradation and shortages, Marine fisheries
decrease
• Global and national measure to combat
environmental threats
Because of the value of the environment to the sustainability
of development, measures have been taken both at the
international and national levels to guarantee the protection
and management of the environment. These measures
include legal and non legal mechanisms.
A) legal methods (i.e. international and national legal
instruments on environmental protection)
i. international legal efforts
The impacts of human activities on the physical environment
stretch back before the dawn of civilisation. The deliberate
use of fire to clear land, for example began tens of
thousands of years ago. As human civilisation arose, so the
impact of economic activity on local environments became
an important issue. Deforestation and soil erosion caused
the decline of many ancient cities and civilisations. With
industrialisation, concerns about the localised environmental
impact gradually evolved into concern about the global
environment. During the 20th century, these concerns
developed into a debate about the sustainability of our
economy and the society and environment within which it
exists.

Widespread concerns on the protection and management

of the environment reached its height in 1972 with the
birth of the Stockholm Declaration, which was the outcome
of the United Nations Conference on the Human
Environment. Prior to the Stockholm Conference, many poor
countries did not accept the necessity for global
cooperation to protect the environment, because such
problems were considered predominantly as ailment of rich
industrialised countries
Meeting in Nairobi a decade later, the UN in 1983, created a
commission the Brundtland Commission to probe into the
necessity of integrating development and environment.
Drawing from the report of the commission, developing
countries manifested greater concern with environmental
issues. Barely five years after the Brundtland’s report, (that
is in 1992), countries of the world again converged in Rio
de Janerio under the auspices of the UN and agreed that
environment and development are two sides of the same
coin. This led to the Rio Declaration on Environment

32
and development 1992.

The difference between the Stockholm Declaration on the

Human Environment and the Rio declaration is that the
Stockholm Declaration makes mention only about
environmental protection but said nothing about
development. There was therefore the need to consider
development and not just environmental protection.
In the same perspective, the Rio Declaration talked of
development but did not quantify the nature of development
and there was again a need to qualify and quantify the
nature of development. This again led to the concept of
Sustainable Development, a concept that saw its birth in the
Johannesburg Conference.
These instruments were not legally binding in themselves,
but the principles embodied in these instruments
nevertheless represent the explicit policy intentions of the
vast majority of states. These declarations also enjoined
states to lay down specific rules and set enforceable
standards through domestic laws aimed at achieving the
general objectives and principles. The above instruments
are referred to as “soft law instruments”
Today many international environmental treaties and
conventions with a binding force have been enacted with
the goal to protect and preserve the environment. Some of
these instruments include: the Vienna Convention on the
Protection of the Ozone Layer, 1985; the Montreal Protocol
on Substances that Deplete the Ozone Layer, 1987; the
Bamako Convention on the Ban of the Import into Africa
and the Control of Trans boundary Movement and
Management of Hazardous Wastes within Africa, 1991; the
United Nations Framework Convention on Climate Change,
1992; the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, 1992;
the United Nations Convention to Combat
Desertification,1994; the Stockholm Convention on Persistent
Organic Pollutants, 2004.
•National legal instruments

From a national perspective, much has already been

done and more is still being done by the government of
Cameroon to fight against these environmental threats.
Legally speaking, Cameroon has signed and ratified many
international conventions on environmental protection

33

and climate change. Some of these international legal

instruments include: the UN framework Convention on
Climate Change 1992, the Montreal Protocol on Substances
that Deplete the Ozone Layer 1987 and its amendment of
1997, the Bamako Convention on the ban of the Import into
Africa and the Control of Transboundary Movement and
Management of Hazardous Waste within Africa 1991,
Cameroon signed in 1991 and ratified in 1993, the United
Nations Convention to Combat Desertification 1994, ratified
by Cameroon in 1995, the Stockholm Convention on
Persistent Organic Pollutant 2001, ratified by Cameroon in
2005, to name a few.
Apart from international instruments, the country has also
enacted national laws having a bearing on the environment.
Some major environmental laws include: Law No 96/12 of
5th August 1996 relating to Environmental Management in
Cameroon, the 1994 Law on Forestry, Wildlife and Fisheries.
Others include; Law No 2002/013 of 30 December 2002 on
the Gas Code; Law No 001/2001 of 16 April 2001, on the
Mining Code etc. In the same vein, institutions (the ministry
of forestry and wildlife, the ministry of environment and
nature protection, the ministry of housing and urban
development etc) and other mechanisms have been put in
place by the state and the civil society to prevent, protect
investigate, monitor environment, denounce and prosecute
violators.

6.2.1. Other methods of to fight against environmental

threat
•Aforestation
•Reaforestation
•The use of renewable energy
•prevention of the importation of pollution intensive
technologies
•Ban on the importation of polluting substances and the grant
of incentives to those importing clean technology

34

CHAPTER FIVE: GOVERNANCE AND GOOD GOVERNANCE

• The notion of governance
The challenging question that has often been posed is what is
governance? Conceptually, governance (as opposed to
“good” governance) can be defined as “the process by
which authority is conferred on rulers, by which they
make the rules, and by which those rules are
enforced and modified”. Thus, understanding governance
requires an identification of both the rulers and the rules, as
well as the various processes by which they are selected,
defined, and linked together and with the society generally.
The World Bank defines governance as “The way power is
exercised through a country’s economic, political, and
social institutions”. (The World Bank’s PRSP Handbook).
It therefore indicates the process (procedures and
pathways) through which decisions are established and how
the decisions are arrived at, and they are put or not put into
operation. In other words, the law might be good but the
procedures bad. The entity might have good laws, good
procedures but the interest of its stake holders not taken into
consideration.
The concepts of good governance

35

There is no single and exhaustive definition of “good

governance,” nor is there a delimitation of its scope, that
commands universal acceptance. The term is used with great
flexibility; this is an advantage, but also a source of some
difficulty at the operational level. Depending on the context
and the overriding objective sought, good governance has
been said at various times to encompass: full respect of
human rights, the rule of law, effective participation, multi-
actor partnerships, political pluralism, transparent and
accountable processes and institutions, an efficient and
effective public sector, legitimacy, access to knowledge,
information and education, political empowerment of people,
equity, sustainability, and attitudes and values that foster
responsibility, solidarity and tolerance.

However, there is a significant degree of consensus that

“good governance relates to political and
institutional processes and outcomes that are
deemed necessary to achieve the goals of
development”. It has been said that good governance is the
process whereby public institutions conduct public affairs,
manage public resources and guarantee the realisation of
human rights in a manner essentially free of abuse and
corruption, and with due regard for the rule of law.
Governance indicators

Be it an organisation, a company or a state, the

governance system of either of these institutions can
always be measured. The possibility to measure this is
made realistic by what is known as governance indicators.
To test the level of governance, one is in need of
governance indicators. An indicator is a qualification that
illustrates the level and actual position of governance in
whatever institution. It is from these indicators that
governance can be qualified as whether good, bad or poor.
The level of maturity and aptitude of a country’s electoral
system, quality of delivery in the public service, respect and
protection of human rights, provision and allocation of
resources etc are some indicators of the level of governance.
• The Characteristics/Principles/Attributes of Good
Governance

36

For any organisation to be considered as having an

effective and efficient governance system (good
governance), it must be able to produce positive results.
These results can only be detected if some key attributes are
upheld by the organisation. Some of these key attributes of
good governance are: Transparency, accountability,
participation, responsiveness (to the needs of the
people), consensus oriented, effective and efficient,
equitable and inclusive and respect for the rule of law.
It assures that corruption is minimised, the views of
minorities are taken into account and that the voices of the
most vulnerable in society are heard in decisionmaking. It is
also responsive to the present and future needs of society.

Figure 1: Characteristics of good

governance
• Transparency
Transparency means that information should be provided in
easily understandable forms and media; that it should be
freely available and directly accessible to those who will be
affected by governance policies and practices, as well as
the outcomes resulting there from; and that any decisions
taken and their enforcement are in compliance with
established rules and regulations. People should be
able to follow and

37

understand the decisionmaking process. This means

that they will be able to clearly see how and why a
decision was made, what information, advice and
consultation were considered, and which legislative
requirements (when relevant) was followed. These
processes are subject to scrutiny by other government
institutions, civil society and external institutions.
• Accountability
Accountability is a fundamental requirement of good
governance. Who is accountable for what should be
documented in policy statements. In general, an organisation
is accountable to those who will be affected by its
decisions or actions as well as the applicable rules of law.
The decision makers (directors and managers) must be
accountable to the stakeholders for those decisions. They
must give details on how resources have been channelled
towards reaching the established goals of the entity. Local
government has an obligation to report, explain and be
answerable for the consequences of decisions it has made
on behalf of the community it represents. An organisational
setup that does not account or is not answerable is
autocratic.
• Participation

Participation by both men and women is a key element of

good governance. Participation could be either direct or
indirect i.e. through legitimate intermediate institutions or
representatives. It is important to point out that
representative democracy does not necessarily mean that
the concerns of the most vulnerable in society would be
taken into consideration in decision making. Participation
needs to be informed and organised. This means freedom of
association and expression on the one hand and an organised
civil society on the other hand.
Participation by both men and women, either directly or
through legitimate representatives, is a key cornerstone of
good governance. Participation includes freedom of
expression and assiduous concern for the best interests of
the organisation and society in general. In a country where
good governance is practiced, the views of the citizens have
to be taken into consideration either directly or indirectly. In
this case, citizens are permitted to elect members of
parliament, and congress men who will represent their
interest in decision making.

38
• Responsiveness
Good governance requires that organisations and their
processes are designed to serve the best interests of
stakeholders within a reasonable timeframe. Institutions and
processes try to serve all stakeholders. It requires that
organisations be they business institutions or the state must
set dates, time frame and deadlines in addressing pressing
needs of stakeholders. Statements as “we shall see about
it”, “I have head your worries”, “it shall be taking into
consideration” without any time frame and deadline set for
that do not fit within the context of responsiveness.

• Consensus Oriented

In every organisation, there are different ways people look

at things. They equally have different motivations and
interests which conflict with one another. To mitigate this
situation, consultations and dialogue is necessary to reach a
consensus.
Good governance requires consultation to understand the
different interests of stakeholders in order to reach a broad
consensus of what is in the best interest of the entire
stakeholder group and how this can be achieved in a
sustainable and prudent manner. Good governance
mediates differing interests to reach a broad consensus on
what is in the best interests of the group and where possible,
on policies and procedures.

There are several actors and as many viewpoints in a given

society. Good governance requires mediation of the different
interests in society to reach a broad consensus in society on
what is in the best interest of the whole community and how
this can be achieved. It also requires a broad and longterm
perspective on what is needed for sustainable human
development and how to achieve the goals of such
development. This can only result from an understanding of
the historical, cultural and social contexts of a given society
or community.
• Effectiveness and Efficiency

39

Effectiveness and efficiency means the manner or processes

in which resources set for a target are used judiciously to
accomplish the said goal. Good governance means that the
processes implemented by the organization to produce
favourable results meet the needs of its stakeholders, while
making the best use of resources human, technological,
financial, natural and environmental at its disposal. Where
the organisation is a state, the state and civil society must
use the natural, financial, human, technological and
environmental resources to achieve the socio economic and
political aspirations of the people.
• Rule of Law

Where rules are created or established in an organisation,

those rules must be applied without any partiality from top to
bottom. It must bind on equal basis everybody within the
said organisation. Good governance requires fair legal
frameworks that are enforced impartially. It also requires full
protection of human rights, particularly those of minorities.
Impartial enforcement of laws requires an independent
judiciary and an impartial and incorruptible police force. In
the case of the state, the laws must not only be enacted,
they must equally be enforced and must bind everybody
concern.

8. Equity and Inclusiveness

In every organisation, people want. As a result, no one is ever
happy if he or she is left out. The weak need to lean on the
strong for support. An organization should provide the
opportunity for its stakeholders to maintain, enhance, or
generally improve their wellbeing. An organisation that
provides this provides the most compelling message
regarding its reason for existence and value to society. A
society’s wellbeing depends on ensuring that all its members
feel that they have a stake in it and do not feel excluded
from the mainstream of society. This requires all groups, but
particularly the most vulnerable, have opportunities to
improve or maintain their wellbeing.

40
• The realities of good governance challenges

This head intends to look at some of the challenges to

good governance, we will look more closely at the
institutions through which legal, political and economic
activities are carried out and explore ways to see if there is a
governance problem. Extreme circumstances, such as war,
ethnic or religious conflict, economic hardship, and social
inequalities, can pose serious strains on the workings of
government as well as the fabric of society. Even in less
difficult times, the institutions and policies of government the
hardware and software may undermine how well the
government carries out its work. When institutions and
policies are weak, individuals tend to take advantage of
them.

Governance problems can be more or less serious, and can

vary from one part of government to another. Corruption
stands as one of the key governance problems that a country
may face, but there are other kinds of problems. We can say
there is a governance problem when government institutions
are:

Corrupt, Inefficient,

Unresponsive,

Secretive or

Inequitable. Some

of the problems

that can lead to

poor governance

are:
•Salaries so low that government officials cannot feed their
families,
•favouritism and nepotism instead of rewards for
performance,
•outdated, slow systems for managing financial information,
records, and other documents,
•unclear rules, procedures, and objectives,

41
•little oversight or transparency,
•few penalties for abuses,
•excessive control and monopoly power of government,
• resist
ance to
policies
and
programs
Corruptio
n as a Key
Governan
ce
Problem
As we saw above, corruption is one of several governance
problems. It is a deepseated problem, rather than merely the
workings of a few bad individuals. If we are going to reduce
corruption, the key will be to figure out exactly where the
governance problem exists and to take steps to reduce or
eliminate the problem. Like most governance problems,
fighting corruption will usually require the participation of all
groups that are involved officials, businessmen, leaders of
the community, and individuals. How we approach
corruption will be the focus of the remaining sessions in this
course.
5.3 Creating the Conditions for Good Governance
Given the characteristics of good governance, its implications
and the relevance to public sector reform within small
developing nations, governments must create and sustain
the conditions necessary for good governance within their
respective territories.
Conditions for Good Governance
•Create and adapt basic legislation and institutions that
guarantee political and economic freedoms as well as strive
to meet a broader range of basic human needs (food,
housing, health and medicare, education, etc.).
•Relax regulations in order to remove obstacles to economic
participation.
•Improve financial management.
•Build infrastructure to ensure that organizational capacity is
available to handle the growing needs for services,
increasing demands for better

42
and more responsive services, and creating conditions for
economic progress and social cohesion.
•Train public officers, business people and entrepreneurs.
With the improvements in access to education brings the
challenge of rapid changes in many knowledge areas
therefore government must institute an ongoing
development programme for its human resources to ensure
that they are equipped with the necessary skills.
•Reform public management practices to address issues such
as budget deficits, external pressures on competitiveness
(globalization), excessive centralization, inflexibility, lack of
efficiency and perceived lack of public confidence in
government.
•Freedom from distortionary incentives – through corruption,
nepotism, patronage or capture by narrow private interest
groups.
• Accountability of politicians and civil servants to ensure
that the power given to them through the laws and
regulations they implement, resources they control and the
organizations they manage is used appropriately and in
accordance with the public interest.

5.4 GOOD OVERNANCE IN CAMEROON

Political governance in Cameroon has been under the
leadership of the President and leader of the ruling
Cameroon People's Democratic Movement (CPDM), Paul
Biya, since 1982. The country officially became a democracy
in 1990 after the parliament acknowledged the freedom of
association and the creation of political parties. Moving closer
to the to the end of the sevenyear term, critics argue that
this form of autocratic government has fuelled many years of
corruption, low levels of political instability, and given no
provision for the rule of law in the country. Corruption is quite
pervasive in the country, however after being ranked the
world’s most corrupt country in 1998 and 1999 by
Transparency International, the Cameroonian government
set out to implement national governance programs such as
the creation of CONAC and the creation of the L’Operation
Epérvier which were aimed at strengthening the rule of law
and combating corruption. Also in early 2000 when national
governance programme was initiated, anticorruption units
were created in ministries to fight against corruption.
Improving good governance is very essential for productive
investment and economic growth, and a country with weak
governance structures deprives its economy of any sort of
regional or international trade and investments. As such, it
is worth noting that “since 2005 a growing number of well-
known representatives of the political elite have been
arrested on charges of corruption, amongst them former
ministers and general managers of state corporations.
Since the shocking Transparency International ranking in the
1990s, Cameroon has embarked on projects targeted at
reducing corruption and improving its quality of governance
in order to increase economic growth by attracting more
regional and international investments.
The special criminal court was established by law no.
2011/028 of 14 December 2011 to set up a special criminal
court as amended by law no. 2012/011 of 15 July 2012 to
punish those who have misappropriated public funds up to
the tune of 50.000.000 and above. Also the Supreme

43

State Audit which is an institution in charge of the control of

the execution of state budget and management of state
resources was recently reorganized by Decree no. 2013/267
of 04 September 2013. We also have the national
investigation agency known in it French acronym as ANIF
which has the duty to investigate illegal financial flows.
However the rate of corruption in the country is still
alarming despite all the structures and resources put in
place. A case in hand is the public contract sector and public
financial management of Cameroon.
• Some fundamental moral issues for group
discussions
• Corruption and embezzlement
• Abortion
• Homosexuality

• The role of
the church in the
construction of
morals
CONCLUSION
From the above discussion it should be clear that good
governance is an ideal which is difficult to achieve in its
totality. Very few countries and societies have come close to
achieving good governance in its totality. However, to
ensure sustainable human development, actions must be
taken to work towards this ideal with the aim of making it a
reality.
Towards Improved Governance
Good governance is an ideal which is difficult to achieve in
its totality. Governance typically involves wellintentioned
people who bring their ideas, experiences, preferences and
other human strengths and shortcomings to the policymaking
table. Good governance is achieved through an ongoing
discourse that attempts to capture all of the considerations
involved in assuring that stakeholder interests are addressed
and reflected in policy initiatives.

CHAPTER SIX: MORAL FIGURES THROUGH FOREIGN

AND NATIONAL HISTORY

44
• Foreign positive role models
• Martin Luther King Junior (19291968)
• Steve Biko (19461977)
• Nelson Rolihlahla Madiba Mandela
6.1. National positive role models
• Bernard Fonlon
• Paul Biya
45