A plenary sitting held in Yaounde on July 9, 2014, to discuss the draft law.

A bill to authorize the President to ratify the protocol on the African Charter on Human and People’s Rights on the establishment of an African Court on Human and People’s Rights adopted on June 10, 1998 at Ouagadougou, Burkina Faso has been adopted at the Senate. The plenary sitting to adopt the bill was chaired by Senate President, Marcel Niat Njifenji in the presence of the Vice Prime Minister, Minister Delegate at the Presidency in charge of Relations with the Assemblies, Amadou Ali.

The bill was defended in plenary by the Secretary of State in the Ministry of Justice, Jean Pierre Fogui, assisted by the Minister Delegate at the Ministry of External Relations in charge of Relations with the Islamic World, Adoum Gargoum. Few concerns came up with the Senators questioning the defending bench on assurances of better jobs at the court, the stakes on mob justice and why allow magistrates at the peak of their careers to go on retirement whereas it is not the case in developed countries.

Jean Pierre Fogui was brief and precise. He assured Senators that ratifying the protocol creating the African Court was opening new opportunities to Cameroonians. He told Senators that Cameroonian Court Registrars and Translators for example, will certainly have openings.The ratification of the protocol provides Cameroon with a dual legal system where the civil and common law co-exist, offering many opportunities in terms of recruitment of nationals he insisted.

“No one has right to administer mob justice,” Jean Pierre Fogui said, noting that the Penal Code prohibits such acts. With regards to the issue of going on retirement when magistrates are considered to be “wise”, the Secretary of State explained that they have a special statute which requires them to push forward their retirement. He however noted that it was at the discretion of hierarchy.

The court seeks to complement the actions of the African Commission on Human and People’s Rights by adopting decisions that are legally-binding on the parties. Its decisions may punish human rights violations and ensure compensation for victims. The court is expected to merge with the Court of Justice of the African Union to give birth to the African Court of Justice and Human Rights.