Decree No. 2020/773 of December 24, 2020, is in keeping with Chapter III of Law no. 2019/24 of December 24, 2019, to Institute the General Code of Regional and Local Authorities.

The Law

Section 367 (1) A public independent conciliator is hereby established in the special status of the North-West and South West Regions.

(2) As an independent regional authority, the Public Independent Conciliator shall be a highly experienced personality with reputed integrity and proven objectivity,

(3) The Public Independent Conciliator in the North-West and South-West Regions shall be responsible for:

- examining and amicably settling disputes between users and regional and council administrations; ·

-defending · and protecting rights and freedoms with regard to the relationship between citizens and the region or the councils thereof;

- designing and implementing measures to prevent and combat direct or indirect discrimination that may affect users of regional or council services;

• - ensuring that persons serving in the regional or council administration comply with their ethical obligations;

- Conducting any investigation on the functioning of regional and council public services, · at the request of 5 (five) parliamentarians · or 5 (five) regional councilors;

- Preparing a report on the functioning of regional and council services.

Section 368: (1) The Public Independent Conciliator shall be appointed by a decree of the President of the Republic for a six-year non-renewable term, upon the concerted proposal of the representative of the State and the President of the Regional Executive Council .

(2) The duties of the Public Independent Conciliator shall be incompatible with the holding of a public office or employment, or the exercise of any paid professional activity. Any elected representative who accepts this appointment as Regional Public Independent Conciliator shall, as of right, forfeit his office.

 (3) The Public Independent Conciliator shall not receive or seek instructions within the limits of his powers.

(4) Professional secrecy shall not be enforceable against him.

(5) He shall take an oath before the competent Court of Appeal before assuming office.

1. Referrals to the Public Independent Conciliator

Section 369: (1) A complaint may be submitted to the Pubic Independent Conciliator by any natural or legal person who considers that his rights and freedoms have been infringed by the functioning of the regional or council administration or regional or council public institutions .

(2) A complaint may also be submitted to the Public Independent Conciliator by any person who considers himself to be a victim of direct or indirect discrimination prohibited · by law or by an international commitment duly · ratified or · approved · by Cameroon;

(3) The Public Independent Conciliator may intervene only where the following conditions are fulfilled:

-The dispute must be between a natural or legal person or a public employee and a regional and council public service;

- the applicant must have filed a prior appeal with the body involved in the dispute;

- no competent court must have ruled on the matter;

Section 370: (1) Where a dispute is referred to the · Public Independent Conciliator, he shall have the power to make recommendations with a view to ensuring respect for the rights and freedoms of the aggrieved party and settling the dispute submitted to him or preventing it from reoccurring.

(2) Where the recommendation is not implemented, the Public Independent Conciliator may order the regional or council administration concerned to take the necessary steps within a specific period.

(3) Where his injunction is · not heeded, the · Public Independent Conciliator shall prepare a special report which shall be communicated to the defendant and the representative · of the State in the local authority concerned. The report and the respondent's response, as appropriate, may be published.

(4) The Public Independent Conciliator may propose legislative and regulatory amendments to the President of the Republic.

Section 371: A decree of the President of the Republic shall lay down the terms and conditions for discharging the duties of the. Public Independent Conciliator.

Who can be a Public Independent Conciliator?

Article 6 of the aforementioned Presidential Decree states that the Public Independent Conciliator must meet the following conditions:

-be of Cameroonian nationality and native of the Region of discharge of the duties;

- be at least 35 years old

- have wide experience and proven integrity and objectivity;

- be able to express themselves in both official languages;

- must not have been subject to a disqualification or final conviction for a crime or misdemeanor.

Article 8 of the decree adds that the duties of a Public Independent Conciliator shall be incompatible with the holding of an elective office, the exercise of a liberal profession, public or private employment, or the exercise of any paid professional activity.