Despite terrorism law, citizens' liberties are intact - Hon Mbah Ndam

As curtains on the November 2014 Ordinary Session of Cameroon Parliament are about to be drawn this week, controversy is still hanging over the recently adopted bill on the suppression of acts of terrorism.

The SUN moved to a legal mind and a high profile Member of the National Assembly, Hon Joseph Mbah Ndam of the opposition Social Democratic Front, SDF party, to get an exclusive appreciation of this law.

His revelations are contradictory what public opinion has of this bill that is not yet at the reach of all citizens.

He started by acknowledging the fear of citizens “I think Cameroonians are justified in their apprehension because when you look back into the history of our nation, certain events have occurred which, to talk about law on terrorism, it causes goose pompon on the faces of Cameroonians.

We know of the 1962 Ordinance, 1972 Ordinance on suppression of terrorism. This law frightens Cameroonians because they think that they are being brought back to the time before the SDF broke the ground in 1990 and launched another political party before we had the Liberty Law of that very year abolishing this dangerous law in our nation.

Prior to 1990, the military tribunal was a tribunal of exception, where people were tried in the morning and executed in the evening. And it sufficed for you to have been tagged with subvention before 1984, for you to disappear on this earth. Those laws were used in crushing nationalist movements prior to independence. Having come out of that situation, everybody feels that this law is exactly the same.

Decrying that the law is being largely misinterpreted by many, Hon Joseph Mbah Ndam elaborated that “I want to beg to differ because the content of this law is not what it is as Cameroonians think. It has not deprived Cameroonians of their right to public manifestation. It has not deprived political parties of public rallies and manifestations against evils committed by the government.

It has not limited the right of anybody. So, if this government misbehaves in torturing citizens it will not be because we voted this law, it will rather be that in its usual characteristic manner, it has decided to act illegally. When you read this law in Section 1 sub section 2 stipulates that “the provisions of the Penal Code, the Criminal Procedure Code and the Military Justice Code that are not repugnant to this law shall remain applicable.”

That means that it guarantees all due process. Secondly the military tribunal that exists today is no longer that frightful military tribunal of old. Let me give you an example, when we were fighting for these laws to be changed by former President Ahidjo, he never wanted until he was tried by them and escaped out of the country.

Now if you were to be charged of offences provided by this law and taken before the military tribunal, one guarantee you have is that they are trained magistrates though they are sitting in military uniforms.

Secondly, any decision of theirs is subject to appeal to a regional court of appeal where you will have civil magistrates sitting and if the decision of the civil court does not satisfy you, you have the right to go to the supreme court and even if you are condemned to death after the supreme court decision, there is still the application for grace, mercy by the Head of State.

I want to show you due process that exists. Thirdly if you are arrested that you were marching, it must be proven that you were carrying out a terrorist act and what constitutes a terrorist act is question of international law. It is not that a mere murderer will automatically become a terrorist. All the terrorist organizations in the world are known and it must be shown that you belong to one of them.”

Hon Mbah Ndam explained that rather “The law on the suppression of acts of terrorism saves us very much because haven ratified this international instruments, Cameroon will henceforth be eligible to benefit from international investigation, troops and funding.”

He concluded by sending across a message to Cameroonians “I am now telling Cameroonians not to be cowards because strikes have not been abolished in this law.”