Publishing classified information is a violation of administrative law.

The ongoing scenario in the country whereby administrative documents and classified information are laid bare for public consumption by some individuals under judicial scrutiny has been described by a senior official of the Ministry of Public Service and Administrative Reforms, MINFOPRA, as unlawful.

Speaking in an interview published in Cameroon Tribune’s issue of yesterday, Thursday May 10, 2012, the Head of the Division of Discipline and Litigation at MINFOPRA, Yves Alain Tchagadick Njilla revisited the law.

Publication Of Information

For the sake of transparency, the public servant generally has the duty to meet the public’s information requests which include informing users, press information, publication of judicial documents, administrative procedures and activities. However, this is done with respect to laws governing restraint, professional secrecy and professional discretion. Yves Alain Tchagadick emphasised that government is the owner of all documents produced within its premises or for its use.

In practice, administrative decisions have to be preserved from certain pressure with regards to the use that could ensue from the release of strategic, sensitive and personal information to the public. “This is one of the main reasons why the statements of public servants are governed by three cardinal obligations: The obligations to exercise restraint, to be discrete and to observe secrecy.” He maintains that public servants are subject to these obligations even when they quit their functions or go on retirement. State agents and other partners of the government are also subject to the same conditions.

Obligation To Exercise Restraint

The MINFORPRA official mentions Article 40 of the General Statute of the State’s Public Service which compels every public servant acting within or without the scope of their functions to exercise restraint and abstain from publicly expressing their political, philosophical, religious or trade union opinions or to serve following these.

Professional Discretion

Article 41 of the General Statute of the State’s Public Service provides that public servants must not publicly reveal classified facts, information or documents whose contents they were familiar with during the exercise of their functions.

Respect for Professional Secrecy

The obligation to professional secrecy applies to all public servants. It aims at guaranteeing the protection of persons including, citizens and public servants themselves.

Sanctions

Public servants found guilty of breaking the obligation to exercise restraint, professional discretion and secrecy could get sanctions ranging from reprimand or dismissal. Those found guilty are equally subject to criminal charges as provided for in the Criminal Procedure Code, including imprisonment and fines.