Decree N°2017/013 of 23 January 2017

Decree N°2017/013 of 23 January 2017 To Lay Down the Establishment, Organization and Functioning of the National Commission on the Promotion of Bilingualism and Multiculturalism

Politique

President Paul Biya

Paul BIYA | 24-01-2017 16:29

The President of the Republic,

Mindful of the Constitution, hereby decrees as follows

CHAPTER I

GENERAL PROVISIONS

1: (1) This decree lays down the establishment, organization and functioning of the National Commission on the Promotion of Bilingualism and Multiculturalism abbreviated as “NCPBM”, hereinafter referred to as “The Commission”

(2) The Commission shall be placed under the authority of the President of the Republic

(3) It shall be headquartered in Yaounde

(4) The terms and conditions for the organization and internal functioning and the rules of procedure of the Commission shall be laid down in the internal Rules and Regulations.

2: The Commission shall be an advisory body, legal personality and financial autonomy.

CHAPTER II

DUTIES

3 (1) Under the authority of the President of the Republic, the Commission shall be responsible for promoting bilingualism and multiculturalism in Cameroon with a view to maintaining peace and consolidating the country’s national and strengthening its people’s willingness and day-to-day experience with respect to living together.

(2) In this capacity, it shall be responsible notably for:

- Submitting reports and recommendations on issues relating to the protection and promotion of bilingualism and multiculturalism to the President of the Republic and the Government;

- Monitoring the implementation of constitutional provisions establishing English and French as two languages of equal status, and especially ensuring their use in all government services, semi-public bodies as well as any State-subsidized body;

- Conducting any study or survey and proposing measures likely to strengthen Cameroon’s bilingual and multicultural character;

- Preparing and submitting to the President of the Republic draft instruments on bilingualism, multiculturalism and togetherness;

- Popularizing the regulation on bilingualism, multiculturalism and togetherness;

- Receiving petitions against discriminations arising from non-compliance with the constitutional provisions on bilingualism and multiculturalism, and reporting thereon to the President of the Republic;

- Performing any other task assigned to it by the the President of the Republic, including mediation.

CHAPTER III

ORGANIZATION

4 : (1) The Commission shall comprise 15 (fifteen) members, including 1 (one) Chairperson and 1 (one) Vice-Chairperson.

(2) The commissioners shall be chosen from among personalities of Cameroon nationality with recognized competence, moral rectitude, intellectual honesty and patriotism.

(3) The Chairperson, Vice-Chairperson and Commissioners shall be appointed by the President of the Republic. The appointments shall be terminated in like manner.

5: The tenure of Commissioners shall be 5 (five) years renewable.

6: In case of death during the tenure or in all cases where the Chairperson, Vice-Chairperson, or Commissioner can no longer perform his/her duties, he/she shall be replaced.

7: In case of temporary impediment of the Commission Chairperson, the Vice-Chairperson shall deputize for the period of impediment.

8: The tenure of the Chairperson, Vice-Chairperson and members of the Commission may also terminate in any of the following cases:

- non-renewal of tenure,

- resignation; or

- death

9. The Chairperson, Vice-Chairperson and Commissioners shall be subject to the restrictions and incompatibilities provide for by the laws in force.

10. For the purpose of discharging is duties, the Commission shall have a Secretariat General.

11. (1) The Secretariat General of the Commission shall comprise administrative and technical services.

(2) The Secretariat General shall be headed by a Secretary General appointed by decree of the President of the Republic.

(3) The Secretary General shall report to the Chairperson of the Commission.

12 (1) The Secretary General shall be responsible for managing and coordinating all the administrative and technical services of the Commission.

In that capacity, he or she shall:

(a) take the necessary steps to prepare for and organize the Commission’s work;

(b) ensure administrative coordination and implementation of the Commission’s activities;

(c) prepare the Commission’s annual financial statements, work programmes and progress reports;

(d) prepare documents to be submitted to the Commission for consideration;

(e) act as secretary at Commission meetings;

(f) monitor the implementation of resolutions and recommendations of the Commission, following approval by the President of the Republic;

(g) ensure training and re-training of staff of the Secretarial General;

(h) centralize and keep the Common’s records and documents;

(i) Perform all other duties assigned to him or her by the Chairperson of the Commission;

(j) conduct studies falling within the sphere of competence of the Commission;

(k) prepare the draft budget to be submitted to the Commission for approval;

(l) prepare draft work programmes to be submitted to the Commission for approval, and

(m) manage Commission staff

(2) The Chairperson of the Commission shall delegate signature to the Secretary General with respect to administrative and financial matters.

13: (1) In case of temporary impediment of the Secretary General for a period not exceeding three (3) months, the Chairperson of the Commission shall appoint a senior staff member of the Secretariat General to deputize.

(2) In case of vacancy of the position of Secretary General due to death, resignation or permanent incapacity duly established by the Commission and, pending the appointment of a new Secretary General by the competent authority, the Commission shall take all the necessary steps to ensure the smooth running of the Secretariat General.

CHAPTER IV

FUNCTIONING

14. (1) The Commission shall meet at least once every six (6) months when convened by its Chairperson.

(2) At the behest of its Chairperson or when required by the President of the Republic, the Commission may also meet in an extraordinary session where circumstances so warrant.

(3) The Commission may validly deliberate only if at least two-thirds (2/3) of its members are present or represented.

(4) Any Commissioner who is unable to attend commission meetings may be represented at such meetings by another Commissioner. However, no Commissioner may represent more than one other Commissioner at the same meeting.

(5) Decisions of the Commission shall be taken by a simple majority of votes of the Commissioners present or represented. In the event of a tie, the Chairperson shall have the casting vote.

(6) The Chairperson of the Commission may, as and when necessary, invite any natural or legal person, by virtue of their expertise on an agenda item, to take part in the proceedings of the Commission in an advisory capacity.

15. (1) The Chairperson of the Commission shall preside over Commission meetings and monitor the implementation of its recommendations.

(2) He or she shall represent the Commission in all acts of civil and public life.

(3) The Secretary General shall act as secretary at Commission meetings.

16. (1) Convening notices and documents relating to Commission meetings shall be sent by electronic mail, telegram, fax or by any other means leaving a paper trail, addressed to the Commissioners at least fifteen (15) days before the date of the meeting. In case of emergency, such period shall be reduced to seven (7) days.

(2) Convening notices shall specify the date, venue, time and agenda of meetings.

17. (1) The Chairperson, Vice-Chairperson, Commissioners, as well as personalities invited in an advisory capacity shall be entitled to a session allowance and may claim reimbursement of expenses arising from the session, upon presentation of supporting documents.

(2) The session allowance referred to in Paragraph (1) above shall be fixed by a separate instrument of the President of the Republic.

18. (1) The Commission shall submit to the President of the Republic an annual report on the status of implementation of its activities.

(2) The said report shall be published.

CHAPTER V

RIGHTS AND OBLIGATIONS OF COMMISSIONERS

19. (1) Commissioners shall be bound to reserve and professional secrecy.

(2) They shall furthermore refrain from any behavior that may affect the dignity of their functions.

20. (1) A decree of the President of the Republic shall fix the protocol ranks and privileges of the Chairperson, Vice-Chairperson, Commissioners Members and staff of the Secretariat of the Commission.

(2) The Chairperson, Vice-Chairperson, Commissionners and staff of the Secretariat shall receive a monthly remuneration and benefits in kind.

(3) The monthly remuneration and benefits referred to in paragraph (2) above shall be fixed by decree of the President of the Republic.

CHAPTER VI

FINANCIAL PROVISIONS

21. (1) The funds necessary for the functioning of the Commission shall be provided for under the State budget.

(2) The Chairperson of the Commission shall be the principal authorizing officer of the Commission’s budget. He may, if need be, designate secondary authorizing officers.

22. (1) A Finance Controller shall be appointed to the Commission by order of the minister in charge of finance.

(2) The Finance Controller shall perform his or her duties in accordance with the regulation in force.

23. The resources provided for under the budget of the Commission shall be subject to public accounting rules and managed in accordance with the laws and regulations in force.

CHAPTER VII

PROVISIONS RELATING TO HUMAN RESOURCES

24. (1) The Commission’s staff shall comprise of civil servants on secondment or state employees placed at its disposal or transferred by government services.

(2) However, if need be, the Commission may recruit its own staff, after the prior approval of the Commission.

(3) The Commission may engage casual staff or experts in any of its spheres of competences.

25. The staff rules and regulations as well as the benefits and types of benefits they might be entitled to, shall be fixed by the Commission.

CHAPTER VIII

FINAL PROVISIONS

26. This decree shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French.

Yaounde, 23 January 2017

(s) Paul BIYA

President of the Republic