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CIVICS AND ETHICS

COURSE description/ General Objective

This course is on the fundamental issue of the states as they relate to


Nationhood, governance and the ethical upbringing of student. It therefore tries
to instill in the students’ knowledge of their nation and how it relates to other
societies. It goes further to build social responsibilities amongst students in
relation to their academic environment, the state, the corporate world for which
they are trained and their global society.

Course/specific Objectives

At the end of the course, the student should be able to;

1. Arouse their zeal towards the love for nationhood


2. Raise students awareness on national issues
3. Instill in them the spirit of commitment towards the attainment of
personal and professional goals in both the state enterprise and the
corporate world as the case may be.
4. Encourage the student in the participation of national affairs
5. Have knowledge on Human right issues
6. Understand his place as a citizen within the frame work of the law

Course Outcome

 Understanding Civics and Ethics


 State system and Arm of Government in Cameroon
 The Notion of Ethics
 The Public Service
 Good Governance in the Public Service
 The Universal Declaration of Human Rights
CHAPTER ONE

UNDERSTANDING CIVICS AND ETHICS

Chapter Introduction

Dear students! Chapter one briefly discusses the meaning of civics and ethics,
similarities and differences between civics and ethics and its goals. The chapter
also tries to examine the major characteristics features of a good citizen.

Chapter Objectives

At the end of this chapter students will be able to:

 Define the subject matter of civics and ethics


 Identify the similarities and differences of civics and ethics
 Describe the goals of civics and ethics
 Explain the characteristics of good citizenship
 Acquisition of citizenship in Cameroon

1.1. Defining Civics, Citizenship, Ethics and Morality

The word civics is derived from the Latin word “civics”; which means citizens.
Therefore, civics is the study of the theoretical and practical aspects of
citizenship including its rights and duties’. Being civics deals with citizenship
which is about state-individual relationship-it is a citizenship study. In short
civics is the study of participation, self-determination, negotiation, respect and
tolerance in a democratic system.

What is citizenship? It is a relationship between an individual and a state,


defined by the law of that state, with corresponding duties and rights in that
state. The word citizenship is use interchangeable with the word ‘nationality’
therefore one can talk of applying for and getting or refunding the citizenship
of /nationality of a state.

- It also refers to a person’s membership in a political community such as a


country
- It donates a link between a person and a state or an association of a status
- It also means reproductive, responsible, caring and contributing member
of a society
Morality: in short morality deals with morals/standards/values/norms which are
emanated from the culture/tradition of a society.

Ethics: is a field of study which deals with what is “good” or “bad”, what are
“right” or “wrong”, what is “acceptable” and “not acceptable” and what is
“morally sound” and “immoral” in human activities and deeds/actions. These
values are established by the society or by governmental bodies for the purpose
of regulating personnel relations in the society at large and in public institutions.
Therefore, ethics deals with morality that is about morals, values and beliefs of
individuals, family, or the society while morality is concerned with principles
and practices of morals such as: What ought or ought not to be done in a given
situation? And what is right or wrong about the handling of a situation?

Morals are the welfare principles enunciated/articulated by the society/ the wise
people, based on their own experience and wisdom. However, it can be changed,
modified or edited in accordance development of science and technology,
human development and time. It is a condition of being subjected or not to the
customary practices. It is concerned with the degree of conformity of
individuals/group behaviors, attitude, judgment and actions to the values and
norms of a particular society.

1.2. Similarities and differences of Civics and Ethics

One of the major difference citizenship study (civics) and morality study (ethics)
is that the former one deals with the political and legal aspect of the life of an
individual citizen in relation to a state where as the later one focused with the
study of the cultural aspect of his/her life in relation to a society. Although
civics and ethics are separate academic fields of study and they do have such a
difference, however, they share certain commonalities/similarities. The
followings are some examples:

The Issue of Membership: Membership to a certain groupings is the very


essence of both citizenship and morality studies. With the absence of the
concept of membership both lose their fundamental meanings and status as
subject matters to be studied. In citizenship study membership is meant that
individual citizen is member to a political and legal community of the highest
order(the state) whereas in morality study it largely denotes to that of a cultural
community tied up by common moral and value bonds whether there is
government or not.
In other words, Citizenship basically needs two parties and their relations for its
existence under minimum conditions that is: the state and the individual citizen,
while morality needs the relation between the individual and the larger social
group as well as the state directly and indirectly as a rule maker and protector.

The Issue of Rights and Obligations: Human beings are social animals
under inherent trend to live together in a social group. This social group has
some kind of systematized organization and common orientation. There are
rather certain unavoidable rules and procedures with lists of privileges and
concomitant obligations attached to the individual person as a condition of
social attachment with the vast social surrounding. For instance, Citizenship
entails a set of rights and obligations for individual members thus the violation
or respect of which results in some arrangement of punishment or reward by the
group as well as the state. Morality on its part is nothing but a list of values
standardizing bad and good behaviors and dispositions of the individual by the
larger mass or group. Both underscore the fact that the individual person is
accountable to sets of rights and obligations mostly set and protected by social
forces out of his/her.

The Issue of Institutional Protection: Both citizenship and morality are


founded on institutionalized origin, development, operation, supervision and
protection within the community.

1.3. Goals of Civics and Ethics

In general to be ethical means to act in a principle and honorable way. To have a


sense of civic responsibility means to be an active citizen, to be knowledgeable
about public affairs, to vote in elections and to be involve in your community.
Responsibility refers to the state or quality of being responsible or something for
which one is responsible such as a duty, obligation or burden.

We study civics for the following reasons:

 Promoting cultural awareness and fostering national understanding so that


we as one nation can live in harmony
 Teaching us good morals and values. Every country needs honest,
obedient, resilient and hardworking citizens
 Training citizens to have a good knowledge of the society
 Training citizens to believe in their government and its institutions
 Training citizens to defend their institutions from internal subversion
 Aiming to train good, dedicated and loyal citizens
 Training citizens who are conscious of their political rights and who are
ever ready to defend their rights against any external aggressor
 Promoting internal understanding and cooperating because no nation is an
Island
 Cementing national unity especially when we want to carry out our
responsibilities to the interest of common good.

1.4. Competences of Good Citizen

There are several competences of good citizens. These are discussed one by one
as follows.

Legality: virtuous citizens freely adhere to the fundamental rules required for
the maintenance of a system of constitutional government without requiring the
imposition of external authority.

Patriotism: it is the love, devotion and commitment to one’s country. It was


said that a true patriot should respect and adore his country’s symbols like flag
and national anthem.

Responsibility: Citizens have various obligations in their society. These can


be moral, ethical, and legal origins. Good citizens maintain the moral and ethical
values of their society. They have also the duty to uphold the constitutional
principles and values and observe other laws. Every member of the society has
the duty to respect individual rights and freedoms.

Citizens are expected to actively participate in civic associations established for


various purposes. Another way by which responsibilities shall be discharged is
through paying fair tax and protecting public property from embezzlement and
misappropriation. Moreover, citizens have the responsibility to protect and
preserve natural resources, environment, and historical heritage. The other issue
in which citizens are strongly expected to feel responsible is the threat posed by
HIV/AIDS. Fighting this killing disease, which threatens the existence of human
race, is the major responsibility of each and every citizen.

Industriousness: work, being necessary for the survival of the human race
and civilization, is the main concern of human beings. Ethical work conduct thus
enables workers to possess proper behavior and so as to develop proper
relationship with other workers and help them to create good industrial
environment.

Self-reliance: is a remarkable level of dependency on one’s power, resources


and judgment. It is an attribute shared by both individuals and communities.
Individuals or communities that lack a self-reliant character are dependent on
others to satisfy their needs.

Active community participation: it is the active involvement of citizens in the


socio-economic and political spheres. The participation may take place at
different levels having different forms.

It might take place at school, at community, regional, national or international


levels with forms based on purposes different of the participation including
political and civic participation.

In sum the goals of teaching civics and ethics at any level of educational
institutions is to produce competent, high moral standard society and responsible
citizens who can ask and use their rights and fulfill their obligations in
accordance with the laws of their respective country.

Questions

 What is civics, morality and Ethics


 Similarities/differences b/n civics and ethics
 What is the goal civics and ethics
 What are the competence of a good citizen
CHAPTER TWO

STATE SYSTEM AND ARMS OF GOVERNMENT IN CAMEROON

Chapter Introduction

Dear learners, this chapter basically deals with the state (definition, origin,
attribute and structures of state), and then fundamentals of government which
includes: the definition and function or purpose of government, systems and
forms of government, power distributions among and between different levels of
government. State formation, nation building process, and the nature and
systems of government.

Chapter Objective

At the end of the chapter you will be able to know:

 Origin, evolution of state and government system


 structure of government
 origin and development of a state
 types of state structure

Definition and Attributes of the State

The Definition of State

State: a politically organized body of people under a single government. The


state can be defined as a self- governing political entity which consists of five
essential elements (population, territory, government, sovereignty and
recognition). It could be an organized community living under a unified political
system, the government.

Attributes of State

The state is fundamentally characterized by the following five (5) major


attributes or features:

1. Sovereignty: A state exercises absolute and unrestrained/unreserved


power in that it stands above all other associations, institutions, and
groups in a given society. Sovereignty in its literal sense, it is the highest
(supreme) decision making power. Therefore, state sovereignty means the
state has the highest and unrestrained (unfettered/free) power /authority
by laws originating outside the area (territorially defined) and the
independence of the state completely free from direct external control. Put
it defiantly, the state sovereignty means the state is the final and ultimate
source of all laws within its territorial jurisdiction. Or state sovereignty
the highest power /authority which distinguish from all other associations'
institution and groups of human being in a given society having their
territorially defined territory. Sovereignty of a state has two dimensions.
These include the following:

Internal sovereignty: refers to the state's government; not that of any other
institution or other state decides on how it will manage its domestic affairs,
problems and challenges: formulate their own laws and rules.

External Sovereignty: is about the external sphere of a state. It implies that the
country should (is) free from any foreign control of any kind of the external
affairs of a state. It is, however, a different matter that the state willingly accepts
some international obligations in the form of membership of the UN, AU,
IGAD, etc.

2. Human populations: since a state is a human association, it is constituted


by human population. The jurisdiction of the state is geographically
defined, and it encompasses all those who live within the state's borders,
whether they are citizens or non-citizens. At the international stage, the
state is therefore regarded as an autonomous entity.
3. Defined territory: there can be no state without a territory of its own i.e.
definite portions of the earth's surface marked off from the portions
occupied by population of other states. However, a state should have more
or less generally recognized limits, even if some of its boundaries are
undefined or disputed.
4. Government: is the administrative wing/department of a state being
portrayed/ represented on the behalf of a state. It is considered as the soul
and brain of a state which is the body of the legislature + the executive +
the judiciary organs essentially contains politically appointed and elected
group of persons to administer a state.
5. Recognition: for a certain entity to be accepted as a state within the
international community as a legal personality, it must be recognized by a
significant portion of the international community.

2.2.1. Theories on the Origin and Development of State


The origin and development of state may subject to mystery predicating that the
state is originated and developed in many different ways. Hence, various
theories presupposed different factors, which are reconciled to a large extent that
causes of state formation. There are various theories developed by scholars on
the origin and development of state. For instance the Devin right theory which
argues state is a make than a growth which means state is naturally create entity.
That is God ordained and established the state. On the other hand the
evolutionary theory argues that state not a make, but a growth; and not one but
many factors have played their part in state building. Consequently, this theory
dwells on the fact that the state is a result of a very long process of evolution and
hence there many factors that have played pivotal role in their part in the origin
and gradual development state. The evolutionary theory raises all the major
compelling factors that have caused the origin and development of state.
According to this theory the following are the major factors contributed for the
origin and development of state:

Kinship: blood relationship is the first and foremost factor that led to the
creation of family as the first unit of collective life. Then family became a tribe
and tribes eventually create society and society at length creates the state.
Hence, the state is the eventual extension of the family.

Religion: religion emerged out of the way of life of the people living in the
families and tribes. It assumed the form of social practices associated with
worshipping some objects of nature of some mystical forces. When the bond of
kinship became weak, the bond of religion strengthened the relation.

Social contract/agreement: the authority of rulers is based on some kind of


agreement between ruler and the subjects. It regarded people as the source of
authority. In other words, men had originally created the state by means of a
social contract to which each individual had consented.

Force (physical force): it is another factor is that state is the consequence of


the forcible subjugation through long continued war-fare among primitive
groups; i.e. it is the result of wars and conflicts that have been endemic in the
history of human beings. History tells us that full of tribal wars in which force
decided the issue. The victors become the masters and the conquered had to
accept the religion and servitude of their lords. The coercive force exercised by a
leader eventually developed in to political organization.
Economics: according to this factor, difference in occupation and in wealth
created social and economic exploitation and the domination of one class by
another for the purposes of economic exploitation was an important factor in the
rise of state. Therefore, the state arose as a matter of necessity when society was
divided in to hostile classes, each having its own interest. The origin of state is
therefore, should be in the fact of class antagonisms. With the invention of
agriculture and creation of private property, the dominant class came into being
by virtue of being the owner of the means of production. It required some
authority to protect its interest that lay in the exploitation and oppression of the
class having no ownership of the means of production but depending upon the
sale of its labors power.

Political Consciousness: the need of the people for their security of their
persons and property created the need for defense against external attack and for
social moral and intellectual development all these things led to the emergence
of political power (state) and the conscious adaptation of political institution to
meet certain definite ends or purposes of a society.

Types of State Structure: Unitary and Federal

Basically state structures can be categorized into unitary and federal. The
classification is based on the forms of distribution between the central and sub-
national units.

 Unitary state: is a form of state structure which is characterized by


centralization of power and indivisible sovereignty. The national
government is legally supreme over subnational units. Hence, in a unitary
state, sub national units may be potentially be over ruled by the central
government in any political decisions they make. Accordingly, in this
form of state structure there is only one source of authority whatever
territorial units exist. These units are merely agencies of the central
government established for its convenience in local administration.
Examples of unitary states, Britain, the Netherlands, Romania, Poland,
etc.

A unitary state may have the following unique characteristic features;

- Supremacy of the central legislature


- Absence of subsidiary sovereign bodies
- Re-centralization of power at the will of the central government
unilaterally
- Re-centralization of power at the will of the central government
unilaterally
- Unchecked centralization of power at the center
 Federal form of state structure (federal state) is the form of state
structure where by power is formally (constitutionally) divided between
the federal / central government and sub-national (regional or provincial)
governments, each of which is locally supreme in its own sphere. In
contrary to unitary in a federal state, the legislative authority is
constitutionally divided between the federal government and sub national
governments in a relatively sovereign manner. Hence, the indispensable
quality of the federal state is a distribution of the powers of government
between the federal authority and the federating units. The federal type of
constitution has been adopted and is adopted by a number of nations in
Africa, Asia and Latin America as a response to their often widely
diversified linguistic, territorial and political traditions, example;
Ethiopia, Nigeria, India, Brazil, USA, Canada, Australia, and Germany
etc.

Features of Federal form of State Structure;

- The existence dual politiques


- Writen constitution
- Supremacy of the federal government and constitution
- Equal power shared by the federal authority and federal units
(decentralized federalism)
- Absence of the re-centralization of powers and authority by the federal
government at its will unilaterally
- Absence of amending the constitution or some of its provisions by federal
government unilaterally
- Constitutional arbiter

2.3. Definition and functions of government

Definition: as it is briefly defined above, government is the administrative wing


of a state being portrayed on the behalf of the state.
Functions of Government: in a modern state, government functions have
greatly expounded with the emergence of government as the most active force
vehicle in political, social, and economic development.

Accordingly, the major purposes and functions of a government include:

Self-preservation: any government must keep its state from any form of
internal and external threats. That is, order, predictability, internal security and
external defense are among the major functions whether it is democratic or
authoritarian.

Management of conflict (supervision and resolution of conflict): it is a


government’s responsibility to develop and consolidate institutions and
procedures for the management of conflict. It is obvious that conflict is
inevitable and inescapable because of competing interests of human beings.
Therefore, building and effectively applying institutions for resolving and
managing conflicts is an indispensable function for developing and
consolidating peace, security and stability and tranquility.

Regulating the economy: it is one the major functions of a government is


regulating the economy by formulating policies such; as agriculture, industry,
transportation, taxes, tariffs, etc. Moreover, governments usually play role on
controlling the distribution of resources in their societies. Hence, it is the
government that determines which resources are to be publicly controlled and
which are to be privately owned.

Protection of political, human, social and economic rights of its citizens:


especially those rights enshrined in the constitutions of states.

Provision of necessary goods and/or services to the public: especially


governments of developing countries like Ethiopia, usually participate in
providing necessary goods and services to its citizens. Such goods and services
include: provision of education, health care, development of public works,
conservation of natural resources, developing water supply, electricity,
telecommunication, etc. to the public.

The Arms of government

There are three main arms of government namely;


The Legislature: this is charged with making laws for the state. It introduces
new laws and changes some existing laws if it considers them lacking in
application. This legislature in Cameroon is called the National assembly.

The Executive: it is charged with administering laws passed by the National


Assembly. It initiates laws and does the administrative duties of the government
by providing for the needs and protection of the people living within the state. It
also proposes laws which we call bills. The executives constitute the president
and the ministers.

The Judiciary: this organ interprets laws made by the legislature and also
interprets them

Exercise

1. How does the judiciary interpret laws


2. How does the judiciary implement laws

Expand rules of the government

- Military defense

-Internal security

-Economic security

-Social security

-Health care

-Environmental security

-Education
CHAPTER THREE

ETHICS

Chapter Introduction

Dear student! In this chapter, you shall discuss ethical theories which include:
the consequentialist and non-consequentialist theories of ethics and issues in
applied ethics like: development ethics, professional ethics, environmental ethics
and public service ethics. In addition the chapter tries to discuss civic virtues.

Chapter objectives

Upon the completion of this chapter, you will be able to:

 List competing ethical theories and civic virtues

 Discuss selected issues in applied ethics

 Know certain moral values and civic virtues and develop the value of
tolerance towards diversity- in a multi-cultural Ethiopia

I. ETHICS

1.2 What is ‘ethics’?

The branch of philosophical study that focuses on ‘ethics’ is concerned with


studying and/or building up a coherent set of ‘rules’ or principles by which
people ought to live. The theoretical study of ethics is not normally something
that many people would regard as being necessary in order for them to conduct
their everyday activities. In place of systematically examined ethical
frameworks, most people instead carry around a useful set of day-to-day ‘rules
of thumb’ that influence and govern their behavior; commonly, these include
rules such as ‘it is wrong to steal’, ‘it is right to help people in need’, and so on.
But sometimes the vicissitudes and complexities of life mean that these simple
rules are sometimes put to the test. Consider the idea that it is wrong to kill.
Does this mean that capital punishment is wrong? Is it wrong to kill animals? Is
killing in self-defense wrong? Is the termination of pregnancy wrong? Is
euthanasia wrong? If we try to apply our everyday notions of right and wrong to
these questions, straightforward answers are not always forthcoming. We need
to examine these questions in more detail; and we need theoretical frameworks
that can help us to analyze complex problems and to find rational, coherent
solutions to those problems. Whilst some people attempt to do this work
individually, for themselves, philosophers attempt to find general answers that
can be used by everyone in society.

Ethics and morality

The terms ‘ethics’ and ‘morality’ are not always used consistently and precisely
in everyday contexts, and their ordinary meanings do not always correspond
with philosophers’ use of the terms. Ethics is often used in connection with the
activities of organizations and with professional codes of conduct: for instance,
medical and business ethics, which are often formalized in terms of exhaustive
sets of rules or guidelines stating how employees are expected to behave in their
workplaces (such as in respect of a duty of care or confidentiality that health-
care workers owe to their patients; or the medical ethical principles of
beneficence, non-maleficence, respect for autonomy, and justice). Morality, on
the other hand, is more often used in connection with the ways in which
individuals conduct their personal, private lives, often in relation to personal
financial probity, lawful conduct and acceptable standards of interpersonal
behavior (including truthfulness, honesty, and sexual propriety).

These ‘everyday’ uses of the terms ‘ethics’ and ‘morality’ are not so much
incorrect by philosophical standards, as too limited. The philosopher’s interest in
the theoretical study of ethics is with the idea of conduct that is right, fair and
just, does not cause harm, and that can be applied to a wide variety of cases. For
our purposes, each of the terms ‘ethics’ and ‘morality’ captures the essence of
that idea sufficiently well. In what follows, then, it is not really necessary to
over-emphasize the distinction between ethics and morality; here, those terms
may be used interchangeably to refer to ideas about how humans ought to act.

Areas of ethical study

There are three broad areas of ethical study:

• Meta-ethics, which focuses on the meaning of ethical terms themselves (for


instance, ‘what is goodness?’), and on questions of how ethical knowledge is
obtained (for instance, ‘how can I distinguish what is good from what is bad?’),
rather than on the more applied question of ‘what should I do in a particular
situation?’ Meta-ethics is therefore concerned with the nature of ethical
properties, statements, attitudes and judgments. Meta-ethics examines such
themes as what moral questions mean, and on what basis people can know what
is ‘true’ or ‘false’.
• Normative ethics, in contrast, is the study of ethical acts. It therefore focuses
explicitly on questions of ‘what is the right thing to do?’ in general. Normative
ethics is concerned with questions of what people ought to do, and on how
people can decide what the ‘correct’ moral actions to take are.

• Applied ethics, which is concerned with how people can achieve moral
outcomes in specific situations. Therefore, it is concerned with the philosophical
examination of particular – and often complex – issues that involve moral
judgments. Areas such as bioethics, environmental ethics, development ethics
and business/corporate ethics may be regarded as areas of applied ethics. (The
distinction between normative and applied ethics, however, is becoming
increasingly blurred.)

The area of meta-ethics is more of a ‘pure’, abstract or theoretical, field of study,


whereas the areas of normative and applied ethics tend to focus more sharply on
how ethical considerations relate to human actions in general (in the case of
normative ethics) or in particular situations and contexts (in the case of applied
ethics). Given that our interest is principally on the study of ethics in relation to
environmental and development issues, it is the latter which will provide the
most useful insights. Therefore, our focus will be primarily on questions that fall
within the areas of normative and applied ethics.

CHAPTER FOUR

THE PUBLIC SERVICE


CHAPTER FIVE

GOOD GOVERNANCE IN THE PUBLIC SERVICE


Objectives of the chapter

By the end of the chapter, the student should be able to:

 Definition of governance
 Know the types of governance system
 What amounts to good governance
 Know the evidence of bad governance

A-Governance

The United Nations Development defines governance as “exercise of


economic, political and administrative authority to manage the affairs of a
country’s at all levels.”1 It comprises the mechanisms, process and institutions,
through which citizens and groups articulate their interests, exercise their legal
rights, meet their obligations and mediate their differences.

It has equally been defined to refer to structure and processes that are designed
to ensure accountability, transparency, responsiveness, rule of law, stability,
equity and inclusiveness, empowerment and broad based participation. In a
broad sense, governance is about the culture and institutional environment in
which citizens and stake holders interact amongst themselves and participate in
public affairs.

1.1-Distinguishing ‘governance’ from ‘government’

Governance is what a government does. The dynamic exercise of management


of power and policy is known as governance, while the governments act as the
instrument that does it.

What is Good Governance?

Good governance is about the processes for making and implementing decisions
that is convenient to the governed and the governors. It is not about making
‘’correct’’ decisions but about the best possible process for arriving at a
consensus decision. Good decision-making processes and therefore good
governance share several characteristics. All have a positive effect on various
aspects of local government including consultation policies and practices,
meeting procedures, service quality’ protocols’ councilor and office conduct role
clarification and good working relationships.

1
http://blog.shikaraacademy.com/what-is-governance/
1.2-Types of Governance

Governance is the concept of recent exposure to designate the efficiency, quality


and good guidance of the intervention of the State. It defines a “new form of
government” in the globalization. Hence they include;

1. Democratic Governance

Democratic governance is conceived as the art of government by articulating the


business at different spatial scales, from local to global, regulating relationships
within society and coordinating the involvement of multiple actors. It is not only
helping to reform states but also to help their companies to rethink their
management practices and to define themselves a model for regulating pro-
active, best suited to their own challenges.

This approach to democratic governance is a proposal to rebuild the state and its
relations with society.

2. Economic and Financial Governance

The economic and financial governance is an essential prerequisite for


promoting economic growth and reduce poverty. The main objectives of
economic and financial governance are:

 Promote macroeconomic policies that contribute to sustainable


development;

 Implement economic policies are transparent, predictable and credible;

 Promote sound financial management;

 Fight against corruption and money laundering;

 Accelerate regional integration by promoting the harmonization of


monetary, trade and investment between states.

3. E-Governance Services

The e-governance and e-governance services are a holistic concept that defines
and assesses the impact that information technology and communication have on
government practices and relations between government and society as a whole.
The e-governance not only supports improved access to information and
political processes but also an approach called participatory fundamentally
changes the relationship between government and society.

The concept of e-governance can be understood in a broad sense as a kind of


superstructure, which covers the use of electronic technologies in three key areas
of public action:

 Relations between government and civil society;

 The functioning of public authorities at all levels of planning;

 The provision of public services.

E-governance has an indirect influence on relations between governments and


their citizens, strengthening the participation and involvement of citizens in
political choices so that their rights and duties are better understood and
respected.

4. Corporate Governance

Corporate governance relates to moral principles, values and practices that


facilitate the balance between economic and social goals and between individual
and common goals. It aims to coordinate the interests of individuals, businesses
and society as a governance structure emphasizing the common interest as much
as possible.

Corporate governance aims to:

 Provide a regulatory framework and an environment conducive to


effective economic activities;

 Promote adoption of codes of ethics in business in achieving the


objectives of enterprises;

 Ensure that corporations treat all their stakeholders (shareholders,


employees, suppliers, customers, …) in a fair and transparent manner;

 Provide for the responsibility of management and directors.

5. Environmental Governance and Natural Resources

Environmental governance refers to all processes, rules, practices and


institutions that contribute to the protection, management, conservation and
exploitation of biodiversity, ecosystem and mineral resources in their various
modalities in perspective reconciling sustainable development and poverty
reduction. It also refers to the mechanisms and institutions, both formal and
informal, encompassing the norms and values, behaviors and conditions around
which organizing citizens, organizations, social movements and the various
interest groups defending their differences and exercise their rights to access and
exploit natural resources.

6. Public Governance

Public Governance is simply the interaction between government and other


actors of the social sphere and the process of decision making in public policy
sphere. It serves the citizens by safeguarding territorial integrity of the state,
securing individual security, rule of law, and delivery of services such as
education, health, livelihood and food security.

7. Participatory Governance

This refers to governance which focuses on deepening the democratic


engagement through the participation of citizens in the processes of governance
with the state. It emphasizes that the citizens should play more direct roles in
public decision-making or at least engage more deeply with political issues.

8. Private governance

Private governance is when the Non-governmental / private entities make rules


and standards which have a binding effect on life of public at large. This implies
that in private governance, private entities make public policy.

9. Global governance

This refers to the complex of formal and informal institutions, mechanisms,


relationships, and processes between and among nations, markets, citizens and
organizations, both inter- and non-governmental, through which collective
interests on the global plane are articulated, right and obligations are established,
and differences are mediated”.

10. Internet governance

This refers to the development and application of shared principles, norms,


rules, decision-making procedures, and programs that shape the evolution and
use of the Internet.

11. Good Governance


Good governance is a normative concept which describes how the public
institutions ought to conduct public policy and manage public resources. It
encompasses full respect of effective participation, human rights, the rule of law,
multi-actor partnerships, and accountable processes, political pluralism,
transparent and institutions, an efficient and effective public sector, legitimacy,
access to knowledge, information and education, political empowerment of
people, equity, sustainability, and attitudes and values that foster responsibility,
solidarity and tolerance.

1.3- why the sudden quest for good governance

In trying to trace the roots of the concept of good governance this became very
prominent in Cameroon only in the 1990s, it is important to establish the internal
degeneration of the state apparatus as a result of poor governance mechanisms
and of course the external pressures that ensued from the Breton Woods and
other international donor agencies. There is no single day that Cameroon media
–the radio, the television and newspapers will not carry articles on the good
governance concept from different perspectives.

Cameroon having hardly recovered from the convalescences of her colonial


dependence still has the trappings of a fragile state because of political
fragmentation based on the cultural diversity between the Anglophones and the
Francophones.2 The fragmented nature of the political state of Cameroon which
can partly be attributed to its complicated colonial past has been further
compounded by the multiplicity of ethnic groups that are found in the country.

The craving for good governance in Cameroon just like in many other African
countries can be attributed to the poor governance structures inherited from
colonialism and the bad seeds of governance planted by the early post-
independence regimes of President Ahidjo and his successor- President Paul
Biya.

Equally the poor management of state resources (poor governance) has been a
major cause of poverty in the country. The fact that the state has been rated
twice by Transparency International (an anti-corruption Non-Governmental

2
Awasom, N.F. Challenges to Nation-State in Africa: Anglophone- Francophone Swing between Primordial and

Modern Identities and Sensitivities in Cameroon, an Historical Perspective Paper presented to Laureates of

Governance Institute of CODESRIA. Dakar, August 2003, p.9.


Organization) as the most corrupt country in the world tells you the deep rooted
nature of corruption in the country.

Furthermore, the corruption of the national bureaucrat and capital flight remains
major sources of leakages in the economy. It is estimated that during Ahidjo’s
Twenty-two years of leadership, Cameroon lost a total of CFA 965 Billion
Francs in bad investment, embezzlement and other forms of fraud, (Kah
Forthcoming). These were signs that even though the state was rich in terms of
natural resources; poverty and inequality were still very prevalent because of
poor management and the lack of good will to institute good governance
practices. This kind of patrimonial structure that was enshrined under president
Ahidjo and inherited by Biya has continued to worsen the functioning of the
state apparatus and this makes the institution of good governance an imperative
if Cameroon must be an emerging economy by 2035.

The increased poverty rate in the country has resulted in increasing pressure on
the government to institute good governance. The theory of regional Balance in
resource allocation and distribution of state resources as preached by the
government may present itself as a very important principle of good governance
but the truth is that the implementation of this principle allows much to be
desired.

In addition the lukewarm attitude of those who are supposed to enforce the laws
of the land (judges, police officers and public officials) encourage some people
to engage in corrupt behavior, knowing full well that they would get away with
it.

Also, the judicial personnel also single out the reduction of their purchasing
power as a cause of corruption faced with a very high demand for their services;
the judicial personnel easily accept corrupt proposals. Faced with a high demand
and thousands of cases to be handled, the court clerk is in cline to offer his
services to the highest “bidder”.

1.3.2-External Pressures for Good Governance

The cry of the international donors to establish good governance practices in


Africa may not be entirely for the benefit of the African people but incidentally
if implemented this will lead to the participation of the masses in governance,
fairness in distribution of resources and the reduction of the gap between the
poor and the rich.
One of the conditionality’s of the Structural Adjustment Program (SAP) of the
Breton woods was the liberalization of national economies and the creation of an
enabling environment for business operations through good governance. It was
based on these laid down conditions that the Breton Woods and other
international donors had to put pressure on African governments to adopt the
platform of good governance through what could be referred to as SAP.
Whether some of these governments were actually ready for good governance or
not it is something that is yet to be established. But the irony is that a majority of
the governments that were interested in obtaining loans from the north adopted
good governance on paper and the practical implementation of this concept is
still a big subject of debate.

1.4-Tenets of Good Governance or what amounts to good governance

By this we would be answering the question what amounts to good governance


or what must a government to ensure that good governance is properly realized
or achieved.

Accountability. It is a fundamental requirement of good governance. Local


governments have the obligation to report, explain and are answerable for the
consequences of decisions it has made on behalf of the community it represents.

Transparency. People should be able to follow and understand the decision-


making process. This means that they will be able to clearly see how and why a
decision is made- what information, advise and consultation council considered
and which legislative requirements (When relevant) conditioned that particular
decision.

The rule of law. For good governance to be legitimate and accepted it must
follow the law. This means that decisions are consistent with relevant legislation
or common law and are within the power of council, which must be an elected
body. This is to say that good governance should be responsive. Local
governments should always try to serve the needs of the entire community while
balancing competing interests in a timely, appropriate and responsive manner.

Equitable and inclusive. . A community’s Well-being results from all of its


members feeling that their interests have been considered by council in the
decision-making process. This means that all groups, particularly the most
vulnerable should have opportunities to participate in the process. In light of
distributing state resources and ensuring equity there are many different
principles that are applied by different states.

The concept of regional balance is aimed at establishing a kind of balanced


development with the aim of mapping out the development needs for the various
regions to see areas that are more advanced than others. This should be done in
such a way that one can have a clear picture of the administrative, economic and
social needs of the different regions before a kind of balance can be established.

1.5. Trajectories/evidence of Bad Governance in Cameroon

1. Corruption

Corruption has led to injustice and inequality thus widening the gap between the
rich and the poor in the country. There is a high level of corruption in the
custom department and the other services like the police and gendarmerie. It is
often said that with money all things are possible and those who traffic in human
part or who move with contraband goods, easily play the game because of the
corrupt uniform men that we find on our highways. Hence one can move with
head of a human being or marijuana in his car from southern Cameroons to the
far North so far as the person has money to settle the control check points on the
highway. There are vehicles that ply the roads without insurance and other
official documents because the drivers bribe their way. Corruption is also very
common in our port facilities where import and export is done. Those involve in
import and export business defraud the state of huge sums of money with the
complicity of the custom officers who collect money and make wrong
declarations or who even do not declare the goods at all.

Corruption can also be noted in terms of recruitment of workers in the public


service. It is said that if you don’t have a God Father who is a member of
government and who knows the house so well then you can hardly be recruited
as a public servant.3 This doctrine of ‘god fatherism’ has destroyed the state
machinery because it has perpetuated incompetence and mediocrity in the public
service. Those who are appointed are not the best in terms of quality and
experience rather they are those who have ‘protegés’4 in the public service. This
goes with the saying that ‘if your brother or father is on top of a plum tree, you
will eat the best of plums’. This system has established a kind of framework
3
Kah Henry Kam ‘’ The Culture of Appointments, Arrogance and Chop Broke Pottism in Cameroon’s

Contemporary Governance (Forthcoming


4
This term is a French word which means a protector
where the best brains that are poor languish in abject poverty and joblessness in
the face of prevailing mediocrity. The picture of this kind of faulty governance
system has been presented by the musicians La Pierro De Mbanga, Awilo and
Longue Longue in many of his clips.

Corruption is also noted in the health sector where drugs that are meant to be
distributed to patients for free are sold at even higher prices than the official
prices of those drugs in the market.

In the educational sector, principals of government schools will collect bribe


before admitting students into those establishments no matter the performance of
these students. The places reserved for the best brains are sold to the rich. Even
at the level of recruiting coaches for the Cameroon National Team, Ministers go
into shady deals with incompetent Coaches so as to get kick-backs and this is
what has destroyed Cameroon’s rich football heritage over the years. These are
few examples that reflect the corrupt nature of a country that dreams to be
emerging in 2035.

Fraud, mismanagement corruption and embezzlement are equally high in the


award of government contracts. Contracts are awarded not through tender
Boards and in several occasions, the purported Tender Boards are just smoke
screens where contracts are awarded to girlfriends other close family relations.
This accounts for poor execution or the non-execution of government contracts.
Most at times these contracts are even awarded to companies that do not exist,
that are ghost contractors.5 These are all leakages that drain the state of its
resources and increase unaccountability and misappropriation. For Cameroon to
emerge in 2035 these vices that have perpetuated bad governance must be put on
check and structures put in place to increase participatory governance.

NB-There is no way that a country will emerge without values of accountability


and participation of the masses in governance. Even those who are elected by
the masses to represent them in the House of Representatives do not come back
to report to the electorates and render accounts of their expenses. The annual
sums that that the parliamentarians collect for development projects end up in
private pockets because they are not accountable to the people they represent.6

Questions
5
Interview with Tom Njiwung.Worker with the Contract Regulatory Agency in Maroua. Buea, 13 th July

2014.
6
Ndeh Martin Sango. Participant/Observer Account.
1. What is governance and good governance
2. State and explain the types of governance structure
3. Why the sudden quest for good governance
4. What amounts to good governance
5. State and explain the evidence of bad governance

CHAPTER SIX

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

Objectives of the chapter

By the end of the chapter, the student should be able to:


 Know what the UDHR is all about

 Know the rights protected/adopted by the UDHR

 Know if its legally binding

The Universal Declaration of Human Rights (UDHR) is an international


document adopted by the United Nations General Assembly that enshrines
the rights and freedoms of all human beings. It was accepted by the General
Assembly as Resolution 217 at its third session on 10th of December 1948 at
the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations
at the time, 48 voted in favor, none against, eight abstained, and two did not
vote.

Considered a foundational text in the history of human and civil rights, the


Declaration consists of 30 articles detailing an individual's "basic rights and
fundamental freedoms" and affirming their universal character as inherent,
inalienable, and applicable to all human beings. Adopted as a "common standard
of achievement for all peoples and all nations", the UDHR commits nations to
recognize all humans as being "born free and equal in dignity and rights"
regardless of "nationality, place of residence, gender, national or ethnic origin,
color, religion, language, or any other status". The Declaration is considered a
"milestone document" for its "universalist language", which makes no reference
to a particular culture, political system, or religion. It directly inspired the
development of international human rights law, and was the first step in the
formulation of the International Bill of Human Rights, which was completed in
1966 and came into force in 1976.

Is the Universal Declaration legally binding?

Although not legally binding, the contents of the UDHR have been elaborated
and incorporated into subsequent international treaties, regional human
rights instruments, and national constitutions and legal codes. All 193 member
states of the United Nations have ratified at least one of the nine binding treaties
influenced by the Declaration, with the vast majority ratifying four or more.
Some legal scholars have argued that because countries have consistently
invoked the Declaration for more than 50 years, it has become binding as part
of customary international law,  although courts in some nations have been more
restrictive on its legal effect. Nevertheless, the UDHR has influenced legal,
political, and social developments on both the global and national levels, with its
significance partly evidenced by its 524 translations, the most of any document
in history.

Further, the Universal Declaration has given rise to a range of other international
agreements which are legally binding on the countries that ratify them. These
include

 The International Covenant on Civil and Political Rights (ICCPR) and

 The International Covenant on Economic, Social and Cultural


Rights (ICESCR).

Structure and content

The underlying structure of the Universal Declaration was influenced by


the Code Napoléon, including a preamble and introductory general principles.
Its final structure took form in the second draft prepared by French jurist René
Cassin, who worked on the initial draft prepared by Canadian legal scholar John
Peters Humphrey.

The Declaration consists of the following:

 The preamble sets out the historical and social causes that led to the
necessity of drafting the Declaration.

 Articles 1–2 established the basic concepts of dignity, liberty, and


equality.

 Articles 3–5 established other individual rights, such as the right to


life and the prohibition of slavery and torture.

 Articles 6–11 refer to the fundamental legality of human rights with


specific remedies cited for their defense when violated.

 Articles 12–17 established the rights of the individual towards the


community, including freedom of movement.

 Articles 18–21 sanctioned the so-called "constitutional liberties" and


spiritual, public, and political freedoms, such as freedom of thought,
opinion, religion and conscience, word, and peaceful association of the
individual.
 Articles 22–27 sanctioned an individual's economic, social and cultural
rights, including healthcare. It upholds an expansive right to a standard of
living, provides for additional accommodations in case of physical
debilitation or disability, and makes special mention of care given to those
in motherhood or childhood.

 Articles 28–30 established the general means of exercising these rights,


the areas in which the rights of the individual cannot be applied, the duty
of the individual to society, and the prohibition of the use of rights in
contravention of the purposes of the United Nations Organization.

Now, Therefore the general assembly proclaims this universal declaration of


human rights as a common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among
the peoples of territories under their jurisdiction. These rights include

1. We Are All Born Free & Equal.

We are all born free. We all have our own thoughts and ideas. We should all be
treated in the same way.

2. Don’t Discriminate.

These rights belong to everybody, whatever our differences.

3. The Right to Life.

We all have the right to life, and to live in freedom and safety.

4. No Slavery.

Nobody has any right to make us a slave. We cannot make anyone our slave.

5. No Torture.

Nobody has any right to hurt us or to torture us.

6. You Have Rights No Matter Where You Go.

I am a person just like you!


7. We’re All Equal before the Law.

The law is the same for everyone. It must treat us all fairly.

8. Your Human Rights Are Protected by Law.

We can all ask for the law to help us when we are not treated fairly.

9. No Unfair Detainment.

Nobody has the right to put us in prison without good reason and keep us there,
or to send us away from our country.

10.The Right to Trial.

If we are put on trial this should be in public. The people who try us should not
let anyone tell them what to do.

11.We’re Always Innocent Till Proven Guilty.

Nobody should be blamed for doing something until it is proven. When people
say we did a bad thing we have the right to show it is not true.

12.The Right to Privacy.

Nobody should try to harm our good name. Nobody has the right to come into
our home, open our letters, or bother us or our family without a good reason.

13.Freedom to Move.

We all have the right to go where we want in our own country and to travel as
we wish.

14.The Right to Seek a Safe Place to Live.

If we are frightened of being badly treated in our own country, we all have the
right to run away to another country to be safe.

15.Right to a Nationality.

We all have the right to belong to a country.

16.Marriage and Family.


Every grown-up has the right to marry and have a family if they want to. Men
and women have the same rights when they are married, and when they are
separated.

17.The Right to Your Own Things.

Everyone has the right to own things or share them. Nobody should take our
things from us without a good reason.

18.Freedom of Thought.

We all have the right to believe in what we want to believe, to have a religion, or
to change it if we want.

19.Freedom of Expression.

We all have the right to make up our own minds, to think what we like, to say
what we think, and to share our ideas with other people.

20.The Right to Public Assembly.

We all have the right to meet our friends and to work together in peace to defend
our rights. Nobody can make us join a group if we don’t want to.

21.The Right to Democracy.

We all have the right to take part in the government of our country. Every
grown-up should be allowed to choose their own leaders.

22.Social Security.

We all have the right to affordable housing, medicine, education, and childcare,
enough money to live on and medical help if we are ill or old.

23.Workers’ Rights.

Every grown-up has the right to do a job, to a fair wage for their work, and to
join a trade union.

24.The Right to Play.

We all have the right to rest from work and to relax.

25.Food and Shelter for All.


We all have the right to a good life. Mothers and children, people who are old,
unemployed or disabled, and all people have the right to be cared for.

26.The Right to Education.

Education is a right. Primary school should be free. We should learn about the
United Nations and how to get on with others. Our parents can choose what we
learn.

27.Copyright.

Copyright is a special law that protects one’s own artistic creations and writings;
others cannot make copies without permission. We all have the right to our own
way of life and to enjoy the good things that art, science and learning bring.

28.A Fair and Free World.

There must be proper order so we can all enjoy rights and freedoms in our own
country and all over the world.

29.Responsibility.

We have a duty to other people, and we should protect their rights and freedoms.

30.No One Can Take Away Your Human Rights.

Questions

1. What is the UDHR all about


2. List the rights that exist

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