Purpose This paper advances the argument that misappropriation of public funds should be construed as illicit financial flows (IFFs) which, undoubtedly, have an adverse effect on the realisation of the right to development. Furthermore, by detailing the nature of IFFs, this paper aims to demystify the shallow understanding of what is IFF or what are IFFs and why misappropriation of public funds should be seen in that light. Design/methodology/approach This paper examines and interrogates the different judgements that have been delivered in cases tried and finalised by the special criminal court (SCC). With viewpoints that are backed by a theoretical understanding of Cameroonian criminal law in particular and criminal law in general, an analysis of the underlying intentions, motives and trajectories in the commission of misappropriation of public funds corroborate the view that the offence must be construed as IFFs. The data used in this paper are primary. Findings A few pertinent findings were made in the course of this research. Firstly, the offence of misappropriation of public funds and IFFs are not distinct, and any effort to limit the use of “funds” to finances will ultimately miss the point as property with financial value will definitely amount to funds. Secondly, through misappropriation of public funds/property, IFFs have been committed based on the trends and figures disclosed in the judgements of the SCC. Finally, the right to development requires resources and by stealing public funds, resources are deprived, thereby compromising the realisation of development and the right to development. Originality/value This paper examines the impact of IFFs on the right to development within the context of Cameroon. By diagnosing the definition of the crime of misappropriation of public property or funds, the paper argues that such an offence must be seen as IFFs given its nature, the motive and intention underlying its perpetration. By taking such perspectives, this paper not only adds to the literature thereon but further brings in new perspectives on those aspects of Cameroonian criminal law.
The ratification and domestication of international human rights instruments could be used as indices to determine a state’s commitment to the promotion and protection of, and respect for, human rights. Within municipal legal systems, the judiciary is one of the stakeholders to fulfil these tasks. As one of the organs of government, it can play a critical role in defining the content and evolution of both democracy and human rights. Even though a state party to numerous international human rights instruments, a critical analysis of Cameroon’s institutional mechanisms reveals that there is a conspicuous incompatibility between these institutional mechanisms and the ideals of democracy and human rights. More specifically, the power of the judiciary, as stipulated in the Constitution, is very limited. This parochial mandate has had a heavy toll on first, the democratic evolution of the country; and secondly, on ensuring the promotion, protection of, and respect for, human rights. This paper argues that the judiciary in Cameroon should play a role in enhancing democracy and human rights. To do this, the judiciary must undergo a paradigm shift from a complacent and disturbing judicial inertia to judicial activism.
Efforts to combat corruption in Cameroon have proved to be inadequate, ineffective and shallow due the absence of credible political will that ought to complement all legislative and institutional mechanisms in place. This article makes the case for the inclusion of political will in this regard.
Despite the fact that international instruments prohibit such activities, recent recurrent incidents involving the transboundary movement of hazardous wastes on the African continent highlight their inadequacies and ineffectiveness of international law in solving this problem. Despite some noticeable milestones achieved by the Bamako Convention, its shortcomings are conspicuous. In addition, the ban on transboundary movement of hazardous wastes is simply one dimension of the bigger problem faced by (many poor) African countries: poor management of the environment that ranges from water and air pollution, poor disposal of wastes, improper and inadequate treatment of domestically generated hazardous wastes, congestion, noise, and dumping. These international instruments deal with only a dimension of the problem faced by African states. It is argued that additional measures must be taken to complement these efforts. Such measures include the enactment of strong laws and policies, education of the masses and a virile civil society.
Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in history where such politics is marked by intermittent attacks against people's rights and freedoms. Such attacks occur when politics has gone sour, and there are times when the violence exceeds the bounds of what is acceptable. From the documented atrocities of Nazi Germany, the horrendous crimes of the regime of Slobodan Milosevic in the former Yugoslavia, the outrageous crimes perpetrated during the genocide in Rwanda, the shameful and despicable inhumanities inflicted on the people of Darfur in the Sudan, and the violence in post-electoral Kenya, to the bloodshed in areas like Mali, the Democratic Republic of the Congo, the Central African Republic, etc, violent conflict has punctuated world history. Added to this list of countries is Cameroon, which in the last quarter of 2016 degenerated into a hotspot of political violence in the English-speaking regions. The perpetration of political violence in Cameroon has raised serious questions that may be relevant not only to the resolution of the political problem that gave rise to the violence but also to laying the foundations of a post-conflict Cameroon that is united and honours the principles of truth, justice and reconciliation. This paper describes some of the salient occurrences of political violence in Cameroon and argues that the presence of specific elements elevates this violence to the level of a serious crime in international law. It is argued herein that crimes against humanity may have been committed during the state action against the Anglophones in Cameroon. It is also argued that the political character of the violence, added to the scale of the victimisation and its systematic and protracted nature, qualify Cameroon as a transitional society engaged in conflict that is in need of transitional justice. Reflecting on the extent of the suffering of the victims of such political violence, this paper discusses the function of the justice system in establishing the truth and holding the perpetrators accountable. Past instances of political violence in Cameroon have been glossed over, but in our opinion, healing a fragmented and disunited Cameroon with its history of grave violations of human rights requires that the perpetrators be held accountable, and that truth and justice should prevail. Such considerations should be factored into the legal and political architecture of a post-conflict, transitional Cameroon.
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