Sunday 23 October 2016

Prof. Alain Fogue against scientific forum for Chantal Biya

Chantal Biya
A symposium on social activities of the First Lady of Cameroon was announced from 1st to 3rd November, under the patronage of the Prime Minister Head of Government with logistical, administrative and financial support of the University vice-chancellor and the Dean of the Faculty of Law and Political Science (FSJP). Some prominent professors whose scientific rigor and human qualities cannot be questioned would contribute to the symposium.
                In principle,  the First Lady’s social activities, while private, could be the basis of a University symposium albeit in our political system she is just the lovely wife of Mr. President, her husband because having no institutional reality.
                However, considering that the Cameroonian university is paradoxically a place where free and independent debate on power is prohibited and where the political surveillance of students and their lecturers is strict, one could not be indifferent on the meaning and the opportunity of the said symposium.
                It is, indeed, not trivial to study in a law school, even with a political science department, non-institutional actions while the country is embroiled in political, constitutional, legal issues such as:
                 The question of  the electoral code reform, the independence of the Judiciary and Parliament, governance, violation of the Constitution, the "living together", citizenship, respect for the rule of law, the legality and operation of the Special Criminal Court, the incomprehensible and interminable delays in the signing of the decree implementing  section 66 of the Constitution on the declaration of assets even as the Head of State and Government develop continuous propaganda on the fight against corruption, equal access to education and basic health care, equal treatment for the retirement age , non-compliance with quotas in appointments to civil and military positions, distribution, on an objective basis  known to the public, of investment  in the different regions and divisions of the country, rampant youth unemployment, support to orphans of  soldiers fallen in the war, the integration of students from our universities, political reasons on suspended activities of the higher education Council which met for the last time in 1983, the University contribution to the country's development, the respect of deadlines in our courts, the right of political parties and citizens to freedom of expression and demonstration, evaluation of the political importance granted  to the University and lecturers by the government in terms of infrastructural and financial efforts supported, the analysis of the place of the cult of personality in the Cameroonian political system under the curious declarations of the Director General of  CRTV, Charles Ndongo, drunk by the grace of the presidential decree, the source of funds financing social activities  of the First Lady in a context where the President of the Republic has not got time to sign the implementing decree of the law on section 66 of the Constitution on the declaration of assets several years after its adoption  , the CPDM funding by the Chinese Communist party (CCP) in violation of Cameroonian law on political party financing, compliance with international treaties and conventions, etc.
                It appears from the analysis of the preparatory documents in circulation, and subject to their authenticity, that the symposium from 1st to 3rd November 2016 pursues an undeniable political goal. It is in fact a plea for the award of the title of Doctor HonorisCausa of the University of Yaoundé II, SOA to "First Lady Chantal Biya for the realization of the social policy of the Head of State, His Excellency Paul Biya ". It is an authentic political event, prepared in the background under the tutelage of a mysterious adviser.
                The regime in power is the organizer and sole beneficiary of this false scientific event which is nothing but a political rally disguised as a scientific symposium. The tribal argument that determined the choice of the campus of the University of Yaoundé II, SOA, led by a Northern vice-chancellor (according to the document), to hold it confirms allegations.
                Indeed, the Government is unable to dispose of tribal considerations that it exploits at its convenience. This game of tribal antagonisms, contrary to the very idea of a Republic in which only citizenship must prevail, is especially true when comes the implementation of the anachronistic, anti-republican, anti-performance principle of Regional quotas and thus the famous quotas in competitive examinations and appointments to senior political, administrative and military positions, the Government does not implement its own distribution key. No need for unnecessary stigma. All Cameroonians can, without resorting to some statistics whatsoever, but simply by observing those who hold the real power in our country, come to the conclusion that the tribal management of power is a reality that the Government uses at its wish.
                Beyond these tribal considerations that reveal the footprints of the regime on the preparation and organization of the symposium, its ultimate goal is political because it wants to highlight the "implementation of the social policy of the Head of State, His Excellency Paul Biya ".
                From the above, Mr. Prime Minister, Head of Government, distinguished colleagues all protocol respected, I would like to bring to your high attention Law No. 2016/007 of 12 July 2016 on the Penal Code, section 231-1 on ""political procession in a public establishment and in schools" provides that: "a penalty of imprisonment of ten (10) days to four (04) months and a fine of twenty five thousand (25,000) to 2-150000 (250,000) francs or one of these penalties, the one who organizes a policy-oriented event in a public institution, as well as in a school or university".
                In the light of this section, no one can imagine a Prime Minister, Head of Government, sponsoring an activity prohibited by law. As it is almost certain that distinguished colleagues jurists and political scientists, who failed to consider this provision, will change their mind and waive any direct or indirect involvement in this political meeting.
                To the Prime Minister, and to all colleagues involved in any capacity whatsoever in the preparation of the meeting of 1, 2 and 3 November 2016 at the University of Yaoundé II, SOA, even if you are not I n the organizer, I would like to mention again to your high attention sections 95, 96, 97 and 99 of the criminal Code that should inform your final decision.
                Section 95 (1) on Conspiracy states: "conspiracy shall mean the resolve concerted and determined between 2(two) or more people to commit an offence." Paragraph (3) of the same article emphasizes that: "The conspiracy to commit a felony or a misdemeanour, if it has not been suspended or if it does not in fact by circumstances beyond the will its authors, is considered the crime or offense itself.” Paragraph (4) as to specify that it "Backed by the defence to one who voluntarily withdrew from the conspiracy before any commencement of execution."

                Section 96 on co-offenders defines a co-offender as, "a person who, in agreement with another takes part with him in the commission of an offence".
                Section 97 on accessories is meanwhile even more instructive. It states that "an accessory mean a person who abets the commission or misdemeanour that is
                (a) Who orders or in any manner causes the commission of an act or omission so defined or (b) who aids or facilitates the preparation or the commission of such an offence. Paragraph 2 says that “attempted abatment shall be treated as abatment"
                Section 99 on foreseeable consequences provides in paragraph (1), that "any co-offender or accessory to the commission or attempted commission of a felony or misdemeanor shall also be responsible in respect of any other offence committed or attempted as a foreseeable consequence of the agreement or abetment"
                The exploitation of the preparatory documents for the CPDM meeting announced at the University of Yaoundé II, SOA, 1st to 3rdNovember, reveals written instructions to the dean of the faculty of Law and political science by the interim vice-chancellor requiring him to finance part of the very conservatively proposed budget of sixty-five millions five hundred and five thousands three hundred and eighty five  (65,505,385) CFA francs.
                Even if the dean  intended to execute instructions of hierarchy , recalling section 231-1  on ""political procession in a public establishment and in schools," section 95 on Conspiracy, section 96 of the Co-offence,  section 97 on accessory and section99 on  foreseeable consequences would, I am sure, lead him to refuse financing of that illegal activity.
                In addition, the co-sponsorship application No. 723 of August 25, 2016 addressed to the dean of the faculty of Law and political science   in lieu of a funding request does not mention any reference to the University Council and the Board of Directors who have decided to award the title of Doctor HonorisCausa to Mrs Chantal Biya. However, it is usual practice that the highest authority of the University discusses and decides on the award of such a title. As a consequence on can challenge, on administrative grounds and on the basis of university practice that honour to the First Lady, and by extension to laud the social policy of the CPDM president and head of state. One should also mention that the call for papers for the symposium was made only to a certain group of friends, that being curious for a university.
                Funding for a political rally on public funds spent outside the legal framework, is illegal; it may give way to lawsuits against any person who does it for embezzlement of public funds. When the meeting is scheduled to take place on a university campus, it is twice illegal.
                Beyond these legal considerations, the budget of that CPDM meeting scheduled to be financed from public funds, is shocking knowing the financial and infrastructural poverty of Cameroonian universities and precisely that of the University of Yaoundé II, SOA.
                Beyond the expensive limousines that even their Western colleagues from Oxford, Cambridge, Strasbourg, Sorbonne, etc. whose universities are among the best ones in the world and leaders of large companies such as General Motors, Boeing, etc. would envy, the university campus of SOA has no infrastructure that means seriousness in work and consideration for students and teachers. Here, the library is extremely poor, and includes remains of the Cold War and then haphazardly waste received as part of "cooperation." The grass is very green because it takes advantage of human manure generously provided daily with no privacy because of the lack of toilets by students and lecturers. On this matter, colleagues often joke on the terror that haunts us when foreign colleagues stay on campus for classes or juries. At the canteen menus that are almost the same every day, are so poor that they will upset even a gulag nutritionist.
                Regularly, for lack of a single bulb, tutorials are cancelled as soon as the daylight is gone. On a campus of nearly forty thousand people, there is no drinking water. The social service of the university is struck with destitution that reserve forbids complete disclosure. Amphitheatres, or better what stands for, are either cattle sheds where students and lecturers sometimes have to use canoes to get in or out, or real graves like the building opposite the vice-chancellor office. That building has already been several times   the theatre   of serious incidents with injured people. For safety reasons, it should be destroyed if the Government does not want to be responsible tomorrow for the death of students and lecturers trapped in a building that the university authorities know is cracked and in very poor condition. In addition, the University of Yaoundé II has no campus.
                In the other universities in the country, the situation is very similar. Classes are sometimes offered in private homes scattered throughout the city. In Yaoundé I where applied sciences are studied, what stood for a lab before the advent of the New Deal is now completely dilapidated. The Centre HospitalierUniversitaire (CHU), which yesterday was the pride of the university system is now an infamous death camp so much that it scares even professors in charge of its management. University campus, which until the 1980s marvelled fresh students from the hinterlands is now totally degraded. The new university campus built with millions is nothing other than a poorly fashioned hutch where students do not even have space to store their books.
                In this University of Applied Sciences students get Bachelors and postgraduate degrees   without ever having done a single laboratory manipulation. Yet, lecturers and tutors have never stopped demanding equipment for greater efficiency and competitiveness.
                In this general environment of Cameroonian universities where hard word of some officials full of good will is not enough, students are in doubt  during competitive examinations because of the complex policy of regional quotas  which does not ensure equal opportunity for candidates, but opens the way to all sorts of politicians arrangements. It is through such arrangements that the ruling political elite expands itself in high administration and power. Graduates are more in doubt  that our universities are just large Kindergartens and nurseries where they must keep as long as possible generations of young unemployed people who  could threaten the survival of the regime. In Cameroonian universities today, hundreds of young doctors are eagerly awaiting hypothetical recruitment.
                The budget of the political rally scheduled for 1, 2 and 3 November 2016 represents more than 1,806 times the guaranteed minimum wage (minimum wage) which is a monthly amount of 36,270 francs today. These 1806 minimum wage will be scientifically engulfed in just three days on a campus where poverty is the daily lot of students or administrative staff who regularly complains of salary delays.
                Colleagues and other participants who favourably accepted the invitation to this event without being clearly informed that this is actually an invitation to take part in a political meeting of the CPDM in which it is planned to laud a single man and praise the CPDM candidate for the next presidential election, no one can, after this open letter that reveals the symposium objective, pretends he or she was acting as a university don.
                There is no shame in being a militant of the CPDM; so it is simply an act of intellectual honesty vis-à-vis the committed members of that party and vis-à-vis the opinion. The wisdom of the forest people whose depth of thought is legendary teaches, indeed, that one cannot refuse to enjoy the bush meat and at the same time savour the broth in which it was cooked without contradiction.
                All honourable participants in this CPDM political rally must now know that financial rewards that will be distributed to them will probably be as a result of a misuse of public funds.
                Finally, the symposium to be held from 1 to 3 November 2016 to celebrate the "implementation of the social policy of the Head of State, His Excellency Paul Biya" through the work of the First Lady is indeed a political meeting. It cannot therefore be organized on the campus of the University of Yaoundé II, SOA, without breaching section 231-1 of the Criminal Code on "political procession in a public establishment and in schools." This reminder does not express any objection for the University of Yaoundé II, SOA to award to the wife of Paul Biya, like to any other person, the honorary title of Doctor HonorisCausa if the University Council after discussion so decides.
                The University of Yaoundé II, SOA can, in fact, given Chantal Biya's address book and probably her financial assets,  bet that honouring her could help improve the learning conditions of  students who so far have a pressing need for books, counting on her generosity. Under these conditions only, without any link being made with the political promotion of her husband and his political party, the graduation ceremony for the awardee will be a genuine academic event that for once should not cost cfa francs 65,505,385 to the taxpayer.
                No Cameroonian university is on the list of the hundred best African universities; it is not by turning the University of Yaoundé II, SOA into a branch of the CPDM Executive School that our universities will be scientifically renowned.
                Participants announced for the symposium on social activities of the First Lady who had ignored that they were actually invited to campaign for the candidate Paul Biya in view of the upcoming presidential election, must now draw the consequences.
                If finally this CPDM meeting  was nonetheless scheduled on the campus of Yaoundé II, SOA, with  the risks of  more than probable commission of offenses , the state Prosecutor of  the Court of First Instance Mfou and the general prosecutor of the high criminal court as concerns its financing, should accordingly, take any measures  to investigate and punish in accordance without our laws conspirators, sponsors, co-offenders, accessories, participants ,officials for the foreseeable consequences and unscrupulous managers who allegedly illegally financed it. This open letter is to be regarded by the judicial authorities as a denunciation of a crime in progress.
                If there was no serious action from the state Prosecutor of the Court of First Instance Mfou then this rally would open the way to all political parties to organize their meetings at their convenience on all university campuses across the country. 



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