Democracy Without Rights? Constitutionalism, Political Power and Human Rights Protection in Cameroon and Central Africa

Abstract

The relationship between democracy, constitutionalism and human rights remains a central concern in contemporary African governance. Across Central Africa, constitutions formally endorse democratic government, separation of powers, political pluralism, fundamental freedoms and adherence to regional and international human rights standards. Yet the practical exercise of political power often reveals a significant gap between constitutional commitments and political reality. Cameroon offers a particularly important illustration of this tension. Although its constitutional framework recognises democratic institutions and fundamental rights, prolonged presidential incumbency, concentrated executive power, weak institutional accountability, restrictions on political participation and ongoing human rights concerns raise questions about the substantive quality of democracy. This article examines whether democracy can meaningfully exist without effective human rights protection. It challenges approaches that equate democracy primarily with periodic elections, while neglecting constitutionalism, judicial independence, institutional accountability, civil liberties and meaningful political participation. Using Cameroon as the principal case study, and drawing comparative insights from Chad, Gabon, Equatorial Guinea, the Republic of Congo, the Central African Republic and the Democratic Republic of Congo, the article examines how constitutional systems may formally proclaim democracy while simultaneously facilitating the concentration and perpetuation of political power. Situating these experiences within the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections and Governance, the article argues that Central Africa’s principal democratic challenge is an implementation gap between constitutional commitments and political practice. It concludes that sustainable democratisation requires a rights-based constitutional democracy grounded in effective limits on executive power, independent institutions, credible elections, judicial independence, political pluralism, civic freedoms and regional accountability.