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Close Window Family photo following the program at the Faculty of Law and Political Science, University of Ngaoundere. [Photo by Mathias Tientcheu, Public Affairs, U.S. Embassy Yaounde]
Family photo following the program at the Faculty of Law and Political Science, University of Ngaoundere. [Photo by Mathias Tientcheu, Public Affairs, U.S. Embassy Yaounde]

American Lawyer Discusses Judicial Independence, Access to Justice in Cameroon

From July 26 – August 1, 2009, the U.S. Embassy in Yaounde hosted Mr. Stephen Rosenbaum, lecturer at the University of California, Berkeley, and member of the State Bar of California, for a program on “The U.S. Legal System, the Rule of Law and the Independence of the Judiciary.” For this second visit to Cameroon as a U.S. speaker, Mr. Rosenbaum’s programs targeted the predominantly Muslim part of Cameroon, and included presentations at the universities of Maroua and Ngaoundere and a seminar for members of the Far North region Appellate Court.

On July 27, Stephen Rosenbaum made a presentation “The Independence of the Judiciary in the United States” at the Teachers’ Training College of the University of Maroua. Talking to about 500 students and lecturers of this institution, Mr. Rosenbaum presented an overview of the U.S. legal system, outlining the functioning of Federal and State courts, the recruitment of judges, and the institutional framework that enables American judges to do their work without any external pressure, and actually play their role in the system of checks and balances on which the American democratic system is grounded. He however indicated that no legal system can be considered perfect. “The independence of the judiciary, indispensable for the Rule of Law, is a permanent endeavour that requires the active participation of all segments of the society,” he told the audience. Mr. Rosenbaum’s presentation generated a lively discussion on the relevance of the idea of an independent judiciary for a country like Cameroon. The Speaker explained that an effective judiciary is indispensable for any democratic society, irrespective of the continent or the level of economic development. Mr. Rosenbaum conducted a similar program for thirty graduate students and lecturers of the Faculty of Law and Political Science of the University of Ngaoundere on July 30. 

On July 28, Mr. Rosenbaum led a four-hour seminar for magistrates, lawyers, notaries, officials of the penitentiary administration of the Maroua Court of Appeal. In his presentation entitled “The promotion of an equitable justice and access to justice,” the speaker underscored the importance of a judicial system accessible to all citizens, irrespective of their social or economic status, and presented some practical steps that can be taken to achieve this goal. He encouraged lawyers, for example, to devote some resources to the assistance of indigent citizens. This could result in the development of a spirit of “pro bono” work. To complement Mr. Rosenbaum’s expose, Mr. Abel Minko, President of the Court of Appeal for the Far North Region and Barrister Michel Nkenko, presented some aspects of Cameroon’s new criminal procedure law that provide for greater respect of individual freedoms. The discussion that ensued focused on the contribution of each segment of the judicial family (magistrates, lawyers and notaries, penitentiary administration officials) in strengthening the Rule of Law in Cameroon. Some very practical issues such as the congestion of Cameroonian prisons, extended provisional detention, legal assistance, etc, were thoroughly discussed and suggestions made for improvement. Mr. Rosenbaum’s comments and explanations contributed in clarifying some aspects of the recently adopted criminal procedure code of Cameroon, which draws heavily from the Anglo-Saxon common law system.

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