The “Enemy” within the CPDM Household

Intro by Innocent Chia
Hon. Abine Paul AYAH has made sufficient currency and continues to clock mileage out of one of the most important votes that any legislator of his generation had to cast: abolition of Presidential term limits. In 2008, Hon Ayah was one of only 5 CPDM parliamentarians that voted against the abolition of term limits. His vote was essentially denying Biya a run at the 2011 elections, the time at which his second seven year mandate expires after 29 cumulative years in power. In spite that personal moral victory that is highlighted on his web page, his maverick status is seen by some observers as inconsequential showmanship strategically crafted by the ruling regime to anticipate what the SDF might do and pull the rug from underneath the opposition. True or not, one cannot deny the substantive and legal merits of his arguments, nor can one deny that the politics and country would have been a lot better if there were more independent minded representatives from the CPDM. The following is an expression of Hon. AYAH Paul ABINE's position on the recent reversal that removes the handling of elections by ELECAM and back to the Ministry of Territorial Administration.

AMENDMENT TO THE 2006 LAW ON ELECAM
BY AYAH Paul ABINE

DEBATES

Mr. President of the National Assembly;
      Thank you for recognizing me.

Honourable Members;

      I was at the forefront of those who campaigned in favour of the adoption of the substantive Bill on Elections Cameroon – ELECAM – in 2006. A local newspaper even accused me of having been influenced by the Minister of State for Territorial Administration. But in support of the Bill did I stand without wavering, having satisfied my conscience that it was good law.

      In supporting the Bill then, I drew inspiration essentially from the fact that there were provisions that made ELECAM independent from, among other bodies, the Administration. I was equally urged on by the fact that ELECAM would henceforth be in charge of all electoral processes in our dear fatherland. Additionally, there was the provision on the financial autonomy of ELECAM. 

      But when appointments for ELECAM were made, I felt betrayed in that the legal condition precedent of “reputed for” neutrality was illegally transformed into condition subsequent. The law had fallen from its celebrated characteristic of universal application to an instrument of presidential discretion. What a cherished vindication then when on December 31, 2009, the President of the Republic acknowledged before the whole world that ELECAM had deficiencies that warranted correction; and promised to correct them!

      But contrary to the high expectations of all and sundry consequent on that presidential confession and the vow to do good, here now is a Bill that seeks to make ELECAM more of a department of the Ministry of Territorial Administration than “an independent electoral body”. What a devastating blow to trust, faith and humility that ELECAM is being subjugated to the very ministry that had previously managed elections with mountainous irregularities warranting the creation of that very electoral body!

      How can anyone claim to see the independence of ELECAM when the Bill provides for the mandatory membership of administrators in all the “commissions for the revision of registers of electors, commissions in charge of controlling the establishment and distribution of registration cards, local polling commissions as well as council supervisory commissions…”?

      How dare we talk about the independence of ELECAM when “Divisional supervisory commissions, regional supervisory commissions and the National Commission for the Final Counting of Votes shall be chaired by a Judicial Officer (appointed by the President of the Republic as the head of the Higher Judicial Council)”?  

     Few simpletons there are who would see independence in ELECAM when the amendment provides that the number of the “representatives of Elections Cameroon appointed by the Director General of Elections (to the last-mentioned commissions)…shall be equal to that of the representatives of the Administration”. Is it not a matter of commonsense that the judicial officer who automatically has a casting vote as president will, by the allegiance he owes to the President of the Republic who has appointed him, vote necessarily with the “Administration”?

      Would any man with unimpaired reasoning faculty support this power-sharing Bill in the face of the existing substantive law that grants ELECAM exclusive jurisdiction in the management of elections in Cameroon when the said substantive law has not been repealed, not even by an express provision of the amendment Bill currently under debate?

      Honourable Members;
      It is a contradiction in terms to state that ELECAM is “an independent electoral body” in the face of the provision in the amendment Bill that ELECAM “shall submit to…The Minister in charge of territorial administration (who ensures) constant liaison between the Government and Elections Cameroon…copies of minutes of (its) meetings and progress reports”. Can this obligation to report be anything less than servant-master relation?

      I beg to opine that enacting good laws is of universal benefit. I am helped to that opinion by a recent celebrated example. Some decades ago, Mr. Ian Smith enacted an anti-terrorism law with intent to prop up the unilateral declaration of independence for Southern Rhodesia. He boasted then that there would be no majority rule in that country for a thousand years to come. When majority rule did come within three years, Mr. Smith, feeling the pinch of the law in question, urged the new government to repeal the law. The reply was that, as that was Mr. Ian Smith’s law and not that of the contemporary government, Mr. Smith would repeal his law whenever he formed the next government.

      Is it not a fact most notorious that every beginning is an end? It goes without saying then that the laws we enact today could apply to us tomorrow when our party loses majority and we find ourselves in the opposition. No detriment therefore do we suffer in enacting good laws. On the contrary, it is to our eventual benefit.

      We certainly cannot claim that we have no skeletons in our cupboards when we rush important legislation through parliament like the rehearsal of vapid rhymes in a nursery school. Common knowledge it is that free, fair and transparent elections have been a constant bone of contention on the African continent. Working for a peaceful future is inconsistent with trifling with matters of elections. It follows that tabling a Bill on elections at noon as it is the case with the instant Bill; having the Bill debated in the relevant committee four hours later, followed by the adoption of the committee report within hours; and then procuring parliament to debate the said Bill on the floor of the House within twenty-four hours of the tabling is at the most jesting. 

      Where is our seriousness, honourable Members, in our threadbare cloaks of the representatives of the people? Is not it our bounden duty to protect the general interest? In the pursuance of that goal then am I of the settled opinion that we must see beyond the tips of our noses. I should consequently like to think that we ought to be most reluctant to identify with this amendment Bill that compromises good conscience, equity and sane judgment!

     Thank you honourable Members for lending me your ears; and thank you Mr. Speaker for recognizing me. May I beg to regain to my chair, Sir?

P/S:
      Midway into reading out the above opinion on Friday March 26, 2010, the President of the National Assembly crudely stopped me. That was the third time in three sessions running he had done that to me. I had used just about half the time I was entitled to by law. So difficult is it to know what law Mr. President draws the authority from in manifesting his dictatorial bestiality. But in a country like ours where he owes allegiance solely to the person that appoints him speaker in lawless disregard for the law requiring that there be election by secret ballot, Mr. Speaker does repeatedly trample the law underfoot with absolute impunity.
      In objection to this mighty cowboy’s regular contemptuous mistreatment of me with authority from the law’s filthy backyard, there were at least three hands up calling for point of order. In total contempt for the provision of the Standing Orders of the House that points of order take precedence over all proceedings, the uncouth lord rudely overruled with lethal bellows all the requests for point of order.
      Just a minor manifestation of how Cameroon is in a state of law!
Hon Ayah Paul Abine

Comments

[Polycarp Chia]

CPDM has confiscated dialogue in Cameroon. There is no difference between CPDM's pocket(Biya's) and the public treasury. Information in Cameroon is a preserve of the government and since the people are not informed they are manipulated or hijack from one stage to the next. Our so called educated are not independent mind since CPDM and BIYA has the yam and the knife. Cameroon is their apple cart. so CMDM is where there is bread and butter and if you must eat. then follow their dictates.Cameroonian act as if their is no alternative to an individual. Really the cronies of this regime have scooped so much that they are afraid that if the government changes hands their ills will be exposed.
Biya is not comfortable with the new outfit ELECAM for it may topple its apple cart so it should be panel beaten into Biya Paul's image

[Bob Bristol]

When we get this from an insider, we beginning to ask ourselves whether we should join them and try to see how we can make the much needed change from within or whether we should keep out of such diabolic circles. The truth is that it is much easier to become an MP under the canopy of the CPDM than any other political party in Cameroon. But how do we avoid the traps that are part of such ventures?

Only people who are "clean" can dare to speak like Hon Ayah Paul. The system has made it difficult for Cameroonians to make public speeches, with regards to morality, that can be archived. The way we relate financially to our immediate kin, class mates or even friends is either a big mess or the way we go about our sexual lives is in a jeopardy. How then can we beat our chest in public and dare talk about morality. Cameroonians are not generally known to be laconic or quiet people but when it comes to public declarations, they either stick their head to a well scripted paper or they simply transform into men or women of few words. That is what lack of clean conscience, that is what embezzlement and poor social behaviour can do.

[TAGRO]

What's up Anicet?

[Don]

I salute the Hon Ayah Paul. He is indeed a man with a vision and wisdom in equal measure. Despite being in the CPDM, he acknowledges the fact that one day the shoe could be on the other foot, and the very people the trample upon wield power. The very same biased laws will then be used against them as well.
It's extremely offensive, the state of affairs we find ourselves in. Not only can one not freely express their thoughts, but one can't even freely express their right to NOT have their votes stolen.
Where may I ask are our so called 'Friends'(British, U.S) etc, when the very basic levels of democracy are being trampled upon with impunity?????

[Fonkem Bekwike]

I am afraid to say that even the so-call opposition leaders aren't leading Cameroonians to any where,because even when an insider like Hon Ayah Paul condemns the gang and tries to serve as an eye opener,by unfolding the maneuvers being done to keep the "winning team" winning,and to remain in power, they will still stand for the "already won" upcoming 2011 "election".After all, who doesn't know that it is the election campaign money they are after? If not,why bother when YOU know the result or the out come even before electoral registers are opened "nation wide"?.They cry fault play before,during and after every election, yet they continue to participate.Can u bid the finger that feeds you??????????????? Lets think twice.

[sumsum]

what a political maverick.