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

over land directly affect the enjoyment of a wide range of human rights. Arguably, it is the human rights dimension of land management that enhances the link between land and development, peace and disaster prevention. In Cameroon, rights over land are a reflection of different tenure systems as was the orientation before, during and after colonialism. Under customary law for instance, the ownership of land would not necessarily include the ownership of fixtures. Thus, ownership of crops might not signify ownership of land . 8 It is this disparity in customary ownership and rights over land that might had inspired the Yoruba King, Gboteyei to consider land to be owned by a kind of vast family in which many are dead, with few living and countless yet to be born . 9 This position was and is still being exploited by colonial powers, post and neo-colonial governments at the detriment of such local communities when it comes to land use and management especially for large investment and infrastructural projects. However, while the claim over land ownership in Cameroon appears to be problematic, the greater issue further lies on the exercise of usufruct rights over the little areas that have been textually apportioned to other interests apart from that of the State. No doubt, this worry seems to be further laddened by the legislative disposition to the effect that, it is the State which retains overwhelming powers over land as sole guarantor and determinant of the types and forms of rights other stakeholders should exercise over land. 10 power to administer Southern Cameroons and adopt legislations there upon in accordance with her laws and as integral part of her territory. While this applies same to French Cameroon, there was the exportation of the English Common Law and French civil law to Cameroon. The quantum of English applicable laws in the Southern Cameroons was sanctioned by section 11 of the Southern Cameroons High Court Law (SCHCL), of 1955, which provided for the application of English Common Law, the doctrines of equity and statutes of general application, which were in force in England on January 1 st 1900. By virtue of this, British and Nigerian laws were applicable in the former Southern Cameroons including traditional customary practices, given that the latter was not repugnant to natural justice and good conscience. 8 This has been variously illustrated in court decisions including: Enjema Liote V. Hanna Forty, (1984), CASWP/CC/15/83, (unreported) and Mallam Bello V. The People, (1983), Suit No. BCA/9MS/83, (unreported) among many others. Also see Bongba, E. and Tanto, R. (2019), Land Disputes and Family Ties in Cameroon: Debating the Possibilities of Reconciliation. In: Green MC (ed.), Law, Religion and Human Flourishing in Africa. Stallenbosch, African Sun Media. 9 See Kaspa, N. (2019), Gender, Decision-Making on Land Ownership and Indigenous Rights in Cameroon: Searching for a Balance in Law. International Journal of Science and Research, (IJSR), volume 9, issue, 12. ISSN: 2319-7064, p. 683. Cited from: Namnso, B. et al. (2014), Land Ownership in Nigeria: Historical Development, Current Issues and Future Expectations . Journal of Environment and Earth Science. Volume 4, no. 21, pp. 182-188. 10 See articles 1(1) and (2); 12; 13 and 18 Ordinance No. 74-1 of 6 th July, 1974, to Establish Rules Governing Land Tenure. Also see article 4(1); (2) and (3) of Ordinance No. 74-3 of 6 th July 1974 Concerning the Procedure Governing Expropriation for Public Purpose and the Terms and Conditions of Compensation. However, the stark and delicate nature of the above situation seems to be a reminder to the State of the dormy and highhanded nature with which land issues seemed to have been handled ever since the adoption of the 1974 land laws in Cameroon. The time seems to have come when the central authority needs to relinquish some of the overwhelming powers exerted over land management to other entities especially at the local level. Time seem to have come when the narratives given to national lands, that is lands over which local communities exercise rights needs to be revisited. The time when local communities should no longer be made squatters over their own lands or mere spectators over the management of their own lands seems to have come. With the adoption of the decentralization paradigm in Cameroon , 11 there is much hope that local communities shall hence become part and parcel of the land expropriation committee for instance, which as of date excludes them only to be comprised of the Prefect of the Division concerned as secretary, Divisional Representatives of Lands Department as members; a Surveyor from the Surveys Department, and Technical Expert in construction, and Technical Expert from Ministry of Agriculture . 12 The populations concerned who shall be informed no less than fifteen days in advance by the Prefect of the expropriation must be invited to participate in all the stages of the investigation . While this is so, local populations become mere spectators in the sense that, they are merely invited to participate without any defined duties or role to play. Thus, 13 “grassroots civil society associations and organizations as well as neighbourhood and village committees shall contribute to achieving the objectives of local authorities. ” Decentralization which is the devolution by the State of special powers and appropriate resources to local authorities remains the hopeful driving force for the promotion of development, democracy and good governance especially concerning land interests at the local level. In this regard, for the State to implement a project on the ‘territory’ of a Council, the opinions of the Council concerned needs to be sought. This is so given that national lands can be registered in the name of Councils for the implementation of projects for the interest of the people. Thus, 14 11 Law No. 2019/024 of 24 December, 2019 to Institute Bill on the General Code of Regional and Local Authorities. 12 Article 4(2), of Ordinance No. 74-3 of 6 th July 1974 Concerning the Procedure Governing Expropriation for Public Purpose and the Terms and Conditions of Compensation. 13 Article 5 ibid. 14 See section 41, Law No. 2019/024 of 24 December, 2019 to Institute Bill on the General Code of Regional and Local Authorities. H owever, while the nature of such contribution remains undetermined, it The Decentralization Paradigm: Pathway for Communities’ Rights to Land in Cameroon © 2023 Global Journals 1 Year 2023 6 Global Journal of Science Frontier Research Volume XXIII Issue ersion I VI ( H )