Global Journal of Science Frontier Research, H: Environment & Earth Science, Volume 23 Issue 1

The Decentralization Paradigm: Pathway for Communities’ Rights to Land in Cameroon Nyongkaa, K. Kaspa Abstract- The devolution of power and resources by the State to local authorities much en vogue today in Cameroon and other areas of the world is fast becoming a governance model which could be relied upon for the assertion and articulation of communities based land management and ownership rights. This is so given that the advantages of bringing local communities to the decision-making centres to determine the fate of local lands and resource ownership and control can hardly be exhaustive in any single legal debate. Besides, it might be key to determining communities’ rights, while enhancing the dignity of its members. After all, communities’ lands are not only owned by a single generation, but by those considered as ancestors, the living and those yet to be born. To this effect, an attempt to weave the pieces of national land legislations within the decentralization paradigm arguably remains ideal in articulating efficient land governance. Thus, if Cameroonian government is embracing decentralization as governance option, then she must beside other things be ready and prepared to relinquish her high-handed and overwhelming powers and control over land and land resources to local stake holders especially local collectivities which could be construed to reflect the aspirations of the local communities they are supposed to represent. Keywords: communities’ lands, decentralization, communities’ rights, land ownership and land management. I. I ntroduction an d 1 1 In Black’s Law Dictionary, (1968), 4 th Edition, pp. 1020-1022, ‘Land’ has been considered to go beyond the soil or earth. It include things of a permanent nature affixed thereto or found therein, whether by nature, as water, trees, grass, herbage, other natural or perennial products growing crops or trees, mineral under the surface or by hand of man, as buildings, fixtures, fences, bridges, as well as works constructed for use. From this explanation, land include the soil and things found on its surface as well as those found below the surface, where occurring naturally or otherwise. plays significant roles to nature and humans alike. While it harnesses the ability to host varied Earth’s ecosystems, it offers different opportunities for human livelihoods, cultural heritage, development, identity, well-being and dignity - characteristics of modern society. Because of the benefits humans enjoy from land, they have and are imperatively becoming stewards over land and over land resources, most especially those in the local communities generally Author: (Ph.D.), Lecturer of Laws, Department of English Law, Faculty of Laws and Political Science, University of Yaoundé II, Soa – Cameroon. e-mail: kingsley.kaspa@yahoo.com considered untitled , yet collectively owned . 2 It is from this prism most importantly, that humans have through different international legal platforms engaged to respect and secure nature including land and its essential processes especially in the planning and implementation of their social and economic developmental activities. 3 But how will this not be so, when development especially in developing countries usually entails the forceful eviction or displacement of peoples especially those at the local communities to make way for large-scale business projects such as dams, mines, oil and gas installations or ports. In many countries, Cameroon inclusive, a considerable portion of this displacements are carried out in manners deemed to be inconsistent with basic human rights of host communities, 4 thus, further aggravating their already precarious land rights curtailment especially through State’s complaisance . 5 From the above, the word land might be hardly understood from a single-shot definition. While English Law might have given a wide and broad view of what constitute land, it circumferences ownership over the same to include land of any tenure, mines and minerals whether or not the division is horizontal, vertical or other way. 6 In this regard, rights over land could be perceived through the doctrines of superficies solo cedit –whatever is attached to land forms part of it, or quicquid plantatur solo, solo cedit – whatever is affixed to the soil belongs to the soil. 7 2 Rosset, P. et al. (2006), Promises Land: Competing Visions of Agrarian Reform. Institute for Food and Development Policy. Food First, Oakland, CA, USA; Borras, S. (2007), Pro-Poor Land Reform: A Critique. The University of Ottawa, ON, USA. 3 According to Principle 10(b), World Charter for Nature, (1982), “…the productivity of the soils shall be maintained or enhanced through measures which safeguard their long-term fertility and the process of organic decomposition, and prevent erosion and all other forms of degradation…” 4 In 2009 for instance, the Cameroonian Minister of Economy signed a convention with SG Sustainable Oils Cameroon (SGSOC), a subsidiary of the US-owned Heracles Farms to occupy 180, 599 acres of land in the South West Region of Cameroon with palm oil plantation. This was done at the behest of over 14.000 peoples who inhabited the area, and without their consent. This however led to a stiff resistance from the local peoples. 5 Article 1(2), Ordinance No. 74-1 of 6 th July 1974 to Establish Rules Governing Land Tenure is to the effect that, “…State shall be the guardian of all lands…” 6 See Section 205(1), (ix), English Property Act, (1925). The access therefore, use of, and control 7 Following article 9 of the British Mandate to on behalf of the League of Nations administer Southern Cameroons, she was accorded full L 1 Year 2023 5 © 2023 Global Journals Global Journal of Science Frontier Research Volume XXIII Issue ersion I VI ( H )