geciafrica GLOBAL EMERGENCY AND COUNTERTERRORISM INSTITUTE

PEER REVIEWED PUBLICATIONS

Full academic articles and research papers published in international peer reviewed and accredited Journals

The political (in) dependence of the judiciary in Cameroon: fact or fiction?

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

Africa Review

 Vol. 11 (1) 2019_46-62

Abstract:

My main concern in this paper is to critically examine judicial deference to the executive within the context of Cameroon. I portray how authorities in the country purposely fail to invest the judiciary with substantial levels of independence. In so doing, I look at the nexus between the domineering executive entity and the prevailing Hobbesian conception of separation of powers according to which powers mutually divided destroy each other...

PDF

Technique of empire: Colonisation through a state  of  exception

 Gerard  Emmanuel Kamdem Kamga, LLD

 First published in

African Studies

Vol. 78(3) 2019

 

Abstract:

The main argument of this article lies in its conceptual framing which is a contextualisation of the problem of exception in the colonial and ‘postcolonial’ period of Cameroon. The country was technically colonised by Germany and following the Versailles treaty, was later transferred to France and Britain under a mandate of the League of Nations. Following legal and historical investigations, I assess how the permanent recourse to a state of exception within the colony was central to Europeans’ tactics in their strategies of control and domination of colonised people...

PDF

Emergency regimes in Cameroon: derogations or failures of law

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

Africa Journal of International and Comparative Law

 Vol. 25 (4) 2017_519-537

Abstract:

The paper engages with the issue of emergency regimes in Cameroon and compliance with the international standards on that matter. Emergency regimes which entail human rights violation and infringement of the rule of law have become over the years an essential technique of government. Authorities are inclined to invoke such regimes more in times of democratic competition than in times of real external threat to the existence of the state....

PDF

Independent Judiciary: lessons from South Africa

 Serges Djoyou Kamga, Prof and Gerard  Kamdem Kamga, LLD

 First published in

Wahab Egbewole (editor) Judicial Independence in Africa, Wildly, Simmonds & Hill Publishing. 2017

 

Abstract:

Any serious constitutionalism entails a system of government characterised by the separation of powers between the executive, the legislature, and the judiciary. The latter is generally in charge of upholding the rule of law and the respect for human rights which are vital for the functioning of any democracy. Therefore, for the judiciary to play its role as a watchdog, it should be independent from other branches of government...

PDF

The Origin and development of emergency regimes in Cameroon

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

Fundamina  A Journal of Legal History

Vol. 21 (2) 2015_289-312

Abstract:

The purpose of this study is to trace the origin and development of emergency regimes in Cameroon, to address their negative impact on the current structure of the political system and to highlight the need for change in the country. Emergency regimes are generally brought into being in exceptional circumstances and allow states to (legally) suspend law and infringe human rights when confronted by threats to their existence. They generally include a state of emergency, a state of exception, a state of siege and martial rule...

PDF

Starting the emergency process: some reflections on presidential prerogatives in South Africa and Cameroon in time of turmoil

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

 VRUe/Law and Politics in Africa, Asia, Latin America

Vol. 49 (1) 2016_91-103

Abstract:

The study investigates and entails a crossed analysis of the legal and constitutional processes through which a state of emergency and a state of siege are brought into being within the contexts of Cameroon and South Africa. In both countries, a presidential act is required to enforce these institutions. However, the significant fact is that the status and the legal regime of such an act are different and lead to some major consequences on human rights and the rule of law. ...

PDF

Rule of law and human rights on hold: the emergence of extreme emergencies in modern states

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

OIDA International Journal of Sustainable Development Vol. 08 (09) 2015_79-86

Abstract:

The purpose of this paper is to discuss new mechanisms of suspension of law and human rights in modern states. Traditionally there are two possible ways of bringing human rights and the rule of law to a standstill: firstly, through the concept of limitations and secondly through that of derogations. Owing to their intrinsic nature that may bring about abuses of all sort including the concentration of powers to the profit of the executive power, the establishment of a totalitarian state such as that of the Nazi Germany under Hitler, the concept of limitations and derogations are currently subject to a strict regulation ...

PDF

PDF

L’état d’exception and/or a state of siege: what is really wrong with   section 9(2) of the constitution of Cameroon?

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

Fundamina  A Journal of Legal History

Vol. 19 (2) 2013 _333-351

 

Abstract:

Section 9(2) of the Constitution of Cameroon relating to emergency regimes, in its French version provides for 'l’état d’exception' whereas the English version of the same text provides for 'a state of siege'. In this paper I show that French and English being the two official   languages in Cameroon, the wording 'l’état d’exception', which literally means 'state of exception' in English, cannot be understood to be a state of siege which translated into genuine French would mean ’l'état de siège'...