ARTS, CULTURE AND NGO LAW IN CAMEROON

ORGANIZATION AND FUNCTIONNING OF ARTISTIC AND CULTURAL ASSOCIATIONS AND THEIR GROUPS IN CAMEROON

Artistic and cultural associations and their groups are administered and managed freely, in accordance with the laws and regulations in force, their bylaws and internal rules and regulations, as well as the bylaws of groups and international entities to which they are affiliated.

However, their bylaws and internal rules and regulations shall provide for:

(a) The method of designation, term of office, duties and liability regime of management staff;

(b) The financial provisions, stating in particular the origin and nature of the resources;

(c) The internal accounts auditing arrangements;

(d) Mechanisms for external accounts auditing by an approved auditing body and/or competent public services, as the case may be;

(e) The adoption of annual activity reports and annual action programmes.

Artistic and cultural associations may not operate in this capacity without the approval of the Minister in charge of culture.

Groups of artistic and cultural associations may not operate in this capacity until they have obtained a declaration receipt or until the end of the period provided for the issuance of the said receipt.

The State may entrust federations with general interest missions in the implementation of the national artistic and cultural policy.

For the accomplishment of the general interest missions, the Minister in charge of culture shall conclude a partnership agreement with the relevant federations and guilds.

The State may, exceptionally and in situations where it is not possible to form groups, sign partnership contracts with artistic and cultural associations. The partnership contract shall include specifications.

No person may concurrently exercise management, administrative and control functions in an artistic and cultural association or a group of artistic and cultural associations:

(a) If (s)he has been sentenced to a term of imprisonment for acts contrary to probity, in particular for theft, embezzlement of public and private funds, fraud, breach of trust, forgery or offences against morality;

(b) If (s)he has, even through an intermediary, an interest in a company or enterprise having business relations with the association.

ln addition to the provisions above, the management, administrative and control duties of groups of artistic and cultural associations shall be incompatible with those of:

(a) Chairperson of the Board of Directors, Director and Board Member of collective copyright and neighbouring rights management societies;

(b) Member of the Management Board of a body attached to the Ministry in charge of culture;

(c) A person ranking at least as Director in the Ministry in charge of culture.

Artistic and cultural associations and their groups may:

(a) Go to law;

(b) Manage and use the sums derived from membership contributions;

(c) Acquire premises for their functioning;

(d) Acquire for valuable consideration or possess movable and immovable property necessary for the performance of their duties.

Artistic and cultural associations and their groups recognized as serving the public interest, as well as federations may:

(a) Perform ail acts of civil life not prohibited by their bylaws, without owning or acquiring any buildings other than those required f or their purposes;

(b) Receive sundry gifts and legacies, as well as funding from national or international bodies as part of their activities, subject to authorization by the Minister in charge of territorial administration for real estate gifts and legacies and foreign grants, legacies and funding;

(c) Receive subsidies from corporate bodies under public law. ln such case, the State and other corporate bodies under public law shall ensure the proper use of such subsidies.

The resources of artistic and cultural associations and their groups shall be derived from:

(a) Registration fees;

(b) Membership dues;

(c) Revenue from their activities;

(d) For artistic and cultural associations, support from the companies, unions, guilds and federations to which they are affiliated;

(e) For companies, unions and guilds, support from the federations or groups to which they are affiliated, except those receiving public subsidies;

(f) For groups, support from international bodies and entities engaged in the same branch of activity, subject to compliance with the provisions of Section 37 of the law.

Such resources shall be allocated exclusively for operation, equipment and implementation of the activities of the artistic and cultural associations concerned.

Artistic and cultural associations and their groups are required to inform the Minister in charge of culture, within 2 (two) months, with copy to the Minister in charge of territorial administration, of any change in their management or administration, as well as any amendments to their bylaws and internal rules and regulations.

Each year, they shall submit the reports, programmes and financial statements no later than 3 (three) months following the end of the financial year, to the Ministry in charge of culture; with a copy to the Minister in charge of territorial administration.

The reports may be submitted for onward transmission to the decentralized services of the Ministry in charge of culture.

Artistic and cultural associations shall be free to merge or split up for the efficient discharge of their functions.

The approval procedure provided for in the law shall apply to the artistic and cultural association(s) resulting from the merger or split, as the case may be.