ARTS, CULTURE AND NGO LAW IN CAMEROON

ADMINISTRATIVE PENALTIES AS REGARDS ARTISTIC AND CULTURAL ASSOCIATIONS IN CAMEROON

Without prejudice to civil and criminal penalties, the Minister in charge of culture may:

- Suspend the approval of any artistic and cultural association for a maximum period of 3 (three) months, renewable once;

- Suspend a group for a maximum period of 3 (three) months, renewable once;

- Withdraw the approval issued to any artistic and cultural association;

- Dissolve a group.

Suspension shall apply particularly in case of:

- An artistic and cultural association engaging in activities that deviate from its purpose;

- Suspension from or withdrawal of affiliation to the federation or group from which it emanates due to the repeated performance of activities harmful to the latter or non-compliant with the bylaws of the Latter;

- Participation in political demonstrations;

- Acceptance of foreign financing or real estate grants and legacies in violation of Section 38 of the law;

- Disturbance of public order and security.

The suspension shall be lifted following the same procedure, once the causes that led to it have ceased to exist.

The Minister in charge of culture shall order the withdrawal of approval where the cause justifying the suspension persists beyond the renewal period.

He shall dissolve the group in the event of activities contrary to the laws in force or violation of Section 28 of the law.

The provisions of Sections 42 and 44 above shall not bar the Minister in charge of territorial administration from exercising the power conferred on him by the law relating to freedom of association, in the event of gross disturbance of public order and State security.

Dissolution

  • If so desired by members, in accordance with the bylaws;
  • By court decision, at the instance of the Public Prosecutor's Office or at the request of any interested party in the cases of nullity provided for in the law on freedom of association. The judgement shall order the closure of the premises and/or the prohibition of any meeting of the members of the artistic and cultural association, and lay down conditions for the liquidation thereof. lt shall be enforceable notwithstanding any remedies.

ln the event of dissolution of an artistic and cultural association by the Minister in charge of territorial administration, or of a group by the Minister in charge of culture, the latter shall, within 30 (thirty) days of exhaustion of available remedies, refer the matter to the competent court of first instance for liquidation.

The measures provided for in Sections 41, 43 and 45 of the law may be appealed against before the administrative court under ordinary law conditions.

The exercise of available remedies shall not be suspensive.

The devolution of the assets or property of an artistic and cultural association or a dissolved group to one of its members shall be prohibited.

The dissolution of an artistic and cultural association or a group shall not preclude legal proceedings that may be instituted against its officials or members.