Prof. Ndiva Kofele KALE, Esq.Mokunda, Buea
There is no reason for Cameroonians to be sanguine about the current nationwide crusade organised by the National Anti-Corruption Observatory to stamp out corruption in the country. They should be careful not to give in to empty promises that this periodic jamboree will produce worthwhile dividends at its conclusion.
A Reluctant Ally in the War Against Corruption
Eight years ago, a similar fiesta was launched with great fanfare only to collapse midstream with not much to show for. The failure of Government's strategy to combat corruption can be blamed on two factors.
First, Government's commitment to this war is suspect; one only point to its failure to take the lead in ratifying the 2002 African Union Convention on Preventing and Combating Corruption and the 2003 United Nations Convention Against Corruption, which Cameroon signed on December 10, 2003.
Both instruments capture the resolve of the community of nations to wage an unrelenting worldwide war against official corruption. Government's apparent reluctance to be part of this global mobilization betrays its lack of commitment to the cause.
As we write, neither instrument has entered into force because the required ratifications have not been obtained.
Cameroon's ratification of these instruments can hasten their early entry into force. Here then is an opportunity for President Biya to back up his New Year Eve's anti-corruption rhetoric by demonstrating to external partners his Government's determination to combat corruption at home.
Campaign Lacks Focus and Direction
The current national campaign against official corruption, much like the previous one, also suffers from a lack of focus and direction. It is not clear who is being targeted in this war: is it the low-level, rent-seeking public servant such as the policeman on the highway routinely collecting his/her FCFA 500 from taxi drivers or the high-ranking, constitutionally-responsible official like the recently-cashiered General Manager of FEICOM who is alleged to have helped himself to several billions of public funds meant for poor, struggling municipal councils?
And what exactly is the goal of Government's anti-corruption campaign: is it to inform Cameroonians that corruption is bad because it undermines and erodes our republican values and institutions? Or, is it intended to serve notice to public servants in the habit of embezzling state funds that they will eventually be apprehended and punished? Or, is the anti-corruption campaign designed to confiscate illicitly acquired wealth from officials caught in flagrante delicto?
Judged against any of these objectives, Government's previous anti-corruption campaign was an abysmal failure. It did not succeed to reel in the high-rolling embezzlers, preferring to settle instead for embezzlers at the bottom of the 'embezzling heap' (the two magistrates recently cashiered from the judiciary, for instance) or who have displeased the Head of State (Titus Edzoa) or those the Government wants to make an example of (Mounchipou Seidou and Ondong Ndong) to appease restless external creditors.
It is worth asking whether a nation-wide campaign organised to combat corruption is well served with a Titus Edzoa locked up for 15 years in Kondengui while the billions of public funds he allegedly misappropriated remain un-recovered.
What good is served by dismissing the General Manager of FEICOM while allowing him to hold on to the FCFA 35 billion he is alleged to have embezzled? Would not the march toward the HIPC completion point be hastened if Mr. Ndong was separated from his illicitly-acquired funds so that Government can invest them in the fight against poverty, unemployment, HIV/AIDS, etc.?
It would seem that, in its anti-corruption strategy, Government has not placed sufficient emphasis on the recovery side of the problem. Faced with a national crisis, Government should not only rely on orthodox strategies in combating corruption but should dare to be creative!
A Creative Way to Recover Embezzled State Funds: It is in this vein that fifteen years ago, I proposed the debt-franc swap as a pragmatic and creative solution for recovering embezzled public funds [See "Another View of the Illicit Capital Flight Problem," Le Messager, No. 025, Monday, May 6, 1991, 8-9].
I believed then as I do now that such a programme can be a relatively risk-free way to deal with the problem of corruption at the highest-levels of the State. More importantly, it is a program from which all Cameroonians stand to benefit.
How Debt-Franc Swaps Work:
A debt-franc swap programme will allow eligible nationals to buy the country's external debt in the secondary markets using embezzled funds (banked abroad or concealed at home) or foreign currency acquired in the parallel market. Participants exchange their cash for negotiable debt instruments-- discount bonds, par bonds, warrants, etc-- guaranteed by Government which they will then present to BEAC or the Ministry of Economy and Finance for redemption.
It is worth noting that similar programmes denominated debt-peso conversions have been tried by the governments of the Philippines, Chile and Mexico with great success, while Costa Rica entered into a debt-peso swap programme to cancel its foreign debt in exchange for protection of the rain forest.
How Debt-Franc Swaps Work
A debt-franc swap programme will allow eligible nationals to buy the country's external debt in the secondary markets using embezzled funds (banked abroad or concealed at home) or foreign currency acquired in the parallel market. Participants exchange their cash for negotiable debt instruments - discount bonds, par bonds, warrants, etc-- guaranteed by Government which they will then present to BEAC or the Ministry of Economy and Finance for redemption.
It is worth noting that similar programmes denominated debt-peso conversions have been tried by the governments of the Philippines, Chile and Mexico with great success, while Costa Rica entered into a debt-peso swap programme to cancel its foreign debt in exchange for protection of the rain forest.
Conditions to be met. For there to be a debt-franc programme, Government must be willing to authorize it. Much of Cameroon's external debt-- about 80%-- is owed to national governments, e.g., "Paris Club" creditors and multilateral development agencies such as the International Monetary Fund and the World Bank; the rest to private commercial institutions.
If any of these creditors are prepared to reduce their exposure by discounting the face value of their debt and then selling it in the secondary market then our cash-strapped Government should not stand in the way.
Secondly, Government must be willing to declare a general amnesty for nationals who have taken funds out of, or hidden them in, the country and are willing to release and invest these funds in the local economy.
Thirdly, Government must enter into an undertaking that no questions will be asked about the source of these funds or the means by which they were acquired.
Finally, Government must agree to allow participants in the debt-franc swap to keep any untaxed income their assets may have earned abroad.
Nationals in possession of substantial funds the source of which cannot be easily explained and who are ready and willing to take advantage of the general amnesty must, in turn, undertake to invest the proceeds of conversion directly into the Cameroon economy.
To protect their identity, the actual negotiations to determine eligibility for participation in the debt-franc swap programme should, of course, be conducted in camera. Ideally, only counsel for the eligible nationals and representatives of Government need to be involved in these discussions. And, once the negotiations are over, all documents pertaining to the deal must be sealed.
The debt-franc swap programme proposed here is not designed to expose high-ranking public officials whose assets were acquired illegally. Rather, its ultimate goal is to lure back to Cameroon the vast sums of national wealth that are currently stoking the furnaces of distant foreign economies.
Benefits From Debt-Franc Swap Programme
The debt-franc swap programme is a 'win-win' proposition in that it offers enormous advantages to all parties. For a Government with the HIPC-sword hanging over its head, the programme immediately frees up badly needed funds that could be used to repay a portion of its immense external debt or put to some other good use.
It is important to point out that the amount of funds eventually captured through conversion is really not that important since a loan that is converted is, by definition, extinguished and no longer forms part of the country's debt stock.
The proposed debt conversion scheme is, in reality, a debt management tool, which allows Government to reduce its stock of outstanding debt and lighten its debt service burden without necessarily having to use its scarce foreign exchange resources.
Cameroonians Also Benefit from the Programme
To the errant public official, the debt-franc swap programme offers an opportunity for rejoining the flock assured that no questions will be asked nor will he be subjected to public exposure. This rehabilitation is achieved at little or no cost since the debt is usually heavily discounted before the sale. These discounts to face value have traditionally ranged between 20-50%, so one is acquiring the debt at about 50-80 cents on the dollar. The average Cameroonian also stands to gain from a debt-franc programme.
It is worth recalling that the programme is intended to attract investors and not operate as a punitive device. In this regard, it fits neatly into Government's poverty alleviation programme.
The goal of a debt-franc programme is to invest the proceeds of conversion in infrastructure projects and in the divestiture of the assets of the public sector and, in the process, create jobs for the hundreds of thousands of un-employed and under-employed Cameroonians among other things.
Properly structured, a debt-franc swap scheme might prove to be just the right antidote for our battered and disoriented economy. By targeting the few Cameroonians (in this case, Ministers; senior government, judicial or military officials; senior executives of state-owned corporations) with substantial fortunes, stashed in the ceilings of their palatial mansions or tied up in offshore banks, who may otherwise be reluctant to release or repatriate these assets for fear of criminal prosecution, the programme can serve as a catalyst in spurring the growth of a new class of domestic investors.
The debt-franc swap option, coupled with some form of amnesty programme for public servants in the possession of unexplained wealth remains one of the best chances of repatriating some of the enormous public funds that have already left our country or recovering those assets hidden somewhere in Cameroon.
Debt-franc swaps can be pursued alongside criminal prosecution (especially of those who fail to take advantage of the general amnesty) but the programme, it must be understood, is not designed to be punitive. Rather, its central and all-consuming goal is to recover embezzled national wealth, in the belief that these captured funds will be ploughed back to the national economy for the benefit of all Cameroonians. In this programme every citizen benefits - not just a select few.
A GOOD WINE NEED NO BUSH, IT IS NOT STRANGED THAT SUCH AN ARTICLE THAT CAN SOLVE CAMEROON'S CORRUPTION CRISIS WITH THE BLINK OF AN EYE COMES FROM PROF KALE. WHY CAN WE NOT MAKE USE OF SUCH A RESOUCE PERSON. MAY GOD BLESS CAMEROON WHERE EMBEZZLEMENT HAS BECOME A SACRAMENT.
Posted by: HILARY AWOO MDOLE | Thursday, 26 January 2006 at 07:49 AM
Hilary, i agree with you.A good product needs no advertisment.Prof. Kale is a fine brain,we need such people and also to use them for the development of cameroon.
Posted by: emmmanuel Ngang | Friday, 27 January 2006 at 05:42 AM
DISMISSALS IN THE S.D.F AND TWELVE YEARS OF ANTAGONISM,CONTROVERSY AND CORRUPTION:A CASE STUDY.
Professor Ndiva Koffele Kale who has written extensively on corruption in Cameroon and who is the Chairperson of the Foreign Affairs Committee of N.E.C should also be in a better position to diagnose this cankerworm which has eaten deep into the fabric of the S.D.F party.As a political analyst and freelance writer,I have succinctly and methodically observed all the historically events that have taken place within the party from its launching at Ntarinkon in 1990 to the dismissals of its longest serving Secretary General,Prof.Tazoacha Asonganyi and Prof.Clement Ngwasiri who until now was Chairman of the National Advisory Council and Parliamentarian from Mendankwe(Mezam).When N.E.C transformed itself into a disciplinary committee at Presbyterian Church Centre,Ntamulung under the Chairmanship of Sonkin Etiennne(Mayor of Dschang Urban Council),it was without doubt that the dreaded article 8.2 of the party's constitution will be applied on Prof.Asonganyi.Many had predicted this and he was found guilty on all 6 charges preferred against him.
N.E.C acted following accusations levied on him for granting a press conference on 27th September 2005 in Yaoundé,where he put to question the policies,ideals,hierarchy and fundamental options of the party.He also questioned the use of discipline as an effective instrument for promoting democracy in the party.N.E.C reminded Asonganyi that he shared part of the responsibility for the weaknesses of the party and that this was tantamount to arrogating to himself the functions of the Convention whereas he knows that only the Convention can overturn the decisions of N.E.C.He was found culpable following sections 15(iv) and 16 of the S.D.F constitution.The height of accusations came when Asonganyi was accused of degrading the party's leadership by insinuating that the party's hierarchy had secret dealings with the C.P.D.M,thus benefitting financially from the latter.Worst still,he was found guilty of having between 2004 and 2005 entered into negotiations with 3rd parties,received funds for and on behalf of the party and spent them without the consent or even the knowledge of N.E.C.N.E.C considered this as anti party activities as provided for and punishable under section 8.2 of the party's constitution.N.E.C members finally voted overwhelmingly for his dismissal as Secretary General and as a militant of the party.Thus ending more than a decade of leadership tussle and wranglings between Asonganyi and John Fru Ndi.Notwithstanding,the antagonism between the two men are time honoured.The very first indication of a 'Cold War'between them began when Asonganyi became Secretary General on Sunday 19th June 1994.Since then he had never taken up office at the Secretariat of the party in Bamenda(headquarters of the party),preferring to work from Yaoundé where he lives.Ofcourse,the frictitious relations between these men has had negative repercussions on the manner in which the party has been managed.The disorganisatiion that reigns at the Secretariat office cannot escape the eye of any observer.Many doubt why the Secretary General doesnot sign membership cards, instead we find the signatures of the National chairman and the Treasurer.Again,ambiguity and irony are the best words that characterised S.D.F party officials.It is not uncommon to hear party officials upholding a principal and practising the opposite.Thus it can be said that words and actions in the S.D.F are parallel lines that never meet.During the 20th Congress of the Socialist International held at the United Nations(U.N) in New York in September 1996,Ni John Fru Ndi while opening his speech said,"I stand before you today in my capacity as the National Chairman of the Social Democratic Front(S.D.F),the first and only social democratic party in Cameroon and perhaps the youngest within the world fraternity of social democratic parties".Reading between the lines the phrase 'world fraternity'makes allusion to the SI which is an association or fraternity of political parties and organisations which seek to establish democratic socialism.And ofcourse,the fact that the chairman addressed the assembly of the SI confirmed the party's adherance to the organisation.Later declarations made by the Chairman confirmed the speech.Meanwhile,Asonganyi has gone on his own trail contradicting the Chairman.However,from 1998 membership cards (though a small quantity),started coming out bearing the logo of the SI.Officially,the Secretariat was supposed to start the issuing of these cards as from 2000,to honour the 10th anniversary of the party.This state of confused ideologies has characterised the SDF for the past years.
Prof.Asonganyi has been cited as the mentor of the antagonism between Northwesterners and Southwesterners in the SDF of recent.Most Southwesterners believe that the party has become a 'Bamenda Affaire'with the majority of N.E.C members hailing from the Northwest.Erstwhile Lydia Effimba recently left the party and joined the C.P.D.M party for the same reason.He has not also escaped critics who think that he was the cause of the antagonism between Northwest élites in the party such as Mr.Akonteh,Nyoh Wakai,Clement Ngwasiri against John Fru Ndi.Whether these accusations are founded or not cannot be ascertained but when one looks at the pre_electoral atmosphere in the wards of Atuakum,Akefu,Nkwen,Santa etc prior to the twin elections of June 2002,there is a tendency to believe that there was a move from within the party to distabilise these basic organs.
The question is was there a move to weaken these wards so as to give the C.P.D.M an edge over the SDF?At the preliminaries in Santa,there were accusations and counter_accusations of candidates using witchcraft to out smart their opponents.While in Akefu,parallel ward structures sprouted like mushrooms with Martin Ngafor,Fontem Jerome,Nchugong Joseph and others each arrogating to themselves the executive duties of the ward.The dismissal by N.E.C of the parliamentarian who hails from Mendankwe for anti party activities is a clear indication of the shadowy deals that have rocked the party.Nkwen,Atuakum and other wards where funds which were allocated for the elections were either misappropriated or unaccounted for.
A few days after arriving in the country from the U.S.A,where I was doing my Ph.D thesis on 'Multipartism In Cameroon',I carried out research within opposition parties such as the SDF and CDU as to why there was gross disorganisation within these parties a few months to elections.Was this state of affairs a manipulation from the C.P.D.M or were there militants in the SDF with 'vested interests'?However,all the anonymous sources I interviewed in the SDF(Northwest),seem to think that Prof.Asonganyi had a hand in these divisive tendencies within the wards.
When one takes an indepth analysis of the SDF,the party has failed in its role to educate its militants,Cameroonians and the international community on its ideologies despite having a panoply of intellectuals such as Barrister Mbah Ndam,Justice Nyoh Wakai,Prof.Kale etc.It is a truism to say that only the élites in the party are well versed with the party's constitution,by_laws and international ideologies which the party adheres to.More than 90% of SDF militants come from the grassroots and are largely literate or semi_literate.Many well educated militants who are occupying positions in the different structures of the party are virtually ignorant of the fundamental ideologies of the party.The education of militants particularly at the ward level has totally been ignored.
Those who follow up the activities of the party from abroad know fully well the trips of party leaders abroad,their activities and the declarations they make abroad.These leaders make their electorates to believe that they are travelling abroad for party business but meanwhile they go on these trips for personal reasons or to 'polish their 'political images'abraod in western countries.What of those in the U.S.A who claim that Asonganyi helped many Lebialem people(where he comes from)to seek political assylum in the U.S on spurious charges of political persecution.Many Cameroonians in the U.S claim that Asonganyi had exchanged favours with assylum seekers by supporting their claims of political persecution for financial benefits.However,for twelve years the antagonism between these two men has affected the credibility of the SDF to such an extent that it is very difficult to differentiate between fact and idealism in the party.When we remember the death of Ni John's wife last year in Switzerland,Asonganyi who at the time was in London never sent any condolences.Some within the party hierarchy say that they see Asonganyi's hand when the Chairman of SDF_U.K,Mr Nintcheu came to Switzerland wearing dark glasses with the intention to spy on the Chairman because the Cameroon government had opted to give about 5million fcfa to assist the Chairman in the funeral arrangements of his wife.Thereafter,Mr Nintcheu travelled back to London without even meeting him.This is the extent to which relations between the two men had degraded.But just like Mr Michael Ndobegang had said,N.E.C would have provided for a political and not a disciplinary solution to the stalemate.With the upcoming Convention in May,it will be an occasion to lay bare the 'hidden skulls'in the party.Let's hope that this is an indication that the political compass has changed and that the 'Old Order'has outlived its usefulness and has to go thereby opening the way for a young,dynamic and visionary leadership in the SDF.My Point of View:Politicking in the party along tribal lines and the concentration of too much powers in the hands of the Chairman would eventually lead to the defeat of the socialist ideals which the SDF is supposed to be persuing.
DR.NDANGOH KEVIN,
POLITICAL ANALYST AND FREELANCE WRITER.
CANADA.
Posted by: Ndangoh Kevin. | Friday, 31 March 2006 at 10:32 AM
I think Dr Ndangoh has said it all, considering that corruption and victimisation is not only an attribute of the ruling CPDM party but a reality in the main opposition party,SDF.Stalwarts like Prof.Clement Ngwasiri who are now pointing accusing fingers at Ni John Fru Ndi must remember that when you point an accusing finger at somebody,the other four fingers are pointing back at you.An example,what happened to the millions of FCFA's that the Fondation Jean Jaurès put at his disposal to organise a seminar for Mayors in Douala in 1997.Not a word has ever been heard about it and other funds we know he has received.Ngwasiri and his group went ahead to sign the infamous "Peace Agreement in June 2002"knowing fully well that any negotiations with the CPDM is seen by the masses as treachery.He accuses Ni John of being a dictator when in Mendankwe where he comes from many militants who have voiced out against his pro_government stance are either victimised or left to fend for themselves in the event of harrassments by the police.It seems that these intellectuals in the party who are on Biya's pay roll and who live in Yaoundé are actually playing very dubious games.Why are they the only ones who are secretly working for the S.D.F to join government,Asonganyi,Muna,Ngwasiri etc.Because they want ministerial positions but they dare not voice it out for their electorate will reject them outrightly.The SDF couldnot even win a sit in Lebialem division,Asonganyi's area of origin while the people of Bamendakwe(Mezam)voted for the SDF not because of Ngwasiri but because the SDF is the only party which they can identify themselves with.And this phenomenon is characteristic of many divisions in the Northwest and Southwest provinces.The SDF party will come out stronger in the forthcoming Convention come 26th May in Bamenda.
ALUTA CONTINUA.
Posted by: Hilary Ebong | Tuesday, 04 April 2006 at 08:49 AM
The cameroonian judiciary has scored a point with the recent inculpation of Fon Doh Gwanyin 111.But is it not right for the punishment to be commensurate with the crime?15 years does not describe the heinous crime that the Fon and his stooges committedmore so when he is accused of intimidation of witnesses and trying to thwart the course of justice.However,cudo's to our judiciary.Therefore we must now turn to corruption and also try to score more points.
Lemnue Jacob,
Texas_U.S.A
Posted by: Lemnue Jacob | Friday, 14 April 2006 at 10:26 AM
So cute! I already like you on FB and also get your posts on Google Reader. :)
Posted by: kids supra | Wednesday, 16 November 2011 at 05:53 AM