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

gives glimpse of hope since the law aspires for the inclusion of local communities in the helm and management of their own affairs especially concerning land. II. D etermining R ights E njoyed by L ocal C ommunities O ver L and To enhance the enjoyment of rights over land in Cameroon, land has been classified into three broad categories. 15 From here it is understood that, local communities have their rights inserted upon national lands given that, these are portions of land that have not been titled neither under State ownership nor under private domain. As such they remain at the disposition of local communities which can exercise right either by way of construction of houses or by practicing cultivation of crops, plantations, grazing or in any other manner that can proof human presence and development. 16 a) The Right of Occupancy While this is so, it is regrettable that local communities’ rights might be sapped away over lands considered to be free of any effective occupation. These lands are administered not by its occupants but by the State which can grant such parcels through lease or assignment to other users, mostly without or limited consultation of concerned communities. But then, which are the various rights that communities enjoy on lands under their control? Before State-control over land became a model, local communities’ rights over land were asserted through their ability to collectively capture and defend parcels of lands against outsiders. These rights were enjoyed through inherited group membership. 17 With the introduction of the French and British Administrations, such occupiers in Cameroon were to transform such occupancy through the obtention of livrets fonciers and certificates of occupancy respectively . 18 Nevertheless, under the land legislations, communities’ occupancy could only be effective, if members of such communities can show proof of buildings, farms, plantations, grazing, and the manifestation of other aspects of human presence. 19 15 The different categories include: State lands, private lands and national lands. 16 Article 15(1), Ordinance No. 74-1 of July 6 th , 1974 to Establish Rules Governing Land Tenure. 17 Alden, W. (2018), Collective Land Ownership in the 21 st Century: Overview of Global Trends. Land, vol. 7, Iss. 68. Van Vollenhoven Institute, Leiden Law School, P.O. Box 9520, 2300 RA Leiden, The Netherlands. Pp. 1-26. Also available at: http://www.mdpi.com /journal/land (consulted on the 15th of August, 2022). 18 Anne-Gaelle, J. (2013), Land registration in Cameroon. In: Focus on Land in Africa: Placing Land Rights at the Heart of Development. Brief – Cameroon. Pp. 1-7. 19 Article 15(1), Ordinance No. 74-1 of July 6 th , 1974 to Establish Rules Governing Land Tenure, op cit. However, the view that local communities are mere occupiers of the lands they inhabit and have inhabited from time immemorial may just be a way of depriving them of their ownership right. Thus, they might occupy with buildings but permanent rights over sub- soil belong to the State through the public property regime . 20 b) Hunting and Fruit Picking Right It is not therefore for fancy that occupancy is likened to use only. Hunting and fruit picking has been recognized as a granted right to local communities over lands considered being free of any effective occupation . 21 This right has been given further recognition in the 1994 Forestry Law. In this regard, customary right has been taken to mean the ‘right which is recognized as being that of the local population to harvest all forest, wildlife and fisheries products freely for their personal use.’ 22 While the recognition of this right by the State is significant for local communities, it should be underscored that local communities’ needs goes far beyond mere hunting 23 and picking. 24 Local communities share a common attachment not only to their land but also to their forests of which they often have thorough knowledge and which they most importantly consider to be common property to be accessed and used without restriction . 25 They consider their land as the foundation of their existence. Its incarnation to them is their foster mother , the very source of their food and pharmacopoeia and the setting for their cultural and spiritual recreation and celebration. While this is so, the State has considered among the domain of public lands, communities’ marsh lands, lakes, ponds, lagoons, and even non-navigable water ways, 26 20 Article 3(1), Ordinance No. 74-2 of 6 th July 1974 to Establish Rules Governing State Lands. 21 Egbe, S. (1997), Forest Tenure and Access to Forest Resources in Cameroon. Forest Participation Series No.6.International Institute for Environment and Development (IIED), London. Available at: http://www.iied.org/pubs/pdfs/7521IIED.pdf (accessed 19 September 2022). 22 Section 8(1), Law No. 94/01 of 20 th January, 1994 to Lay Down Forestry, Wildlife and Fisheries Regulations. 23 Traditional hunting exercised by local communities is authorized by law in Cameroon. See to this effect, Section 86(1), ibid. 24 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 . Stellenbosch Conference-RAP. Pp. 277-293. 25 Nguiffo, S. et al. (2009), The Influence of Historical and Contemporary Land Laws on Indigenous Peoples’ Land Rights in Cameroon. In : Land Rights and the Forest Peoples of Africa: Historical, Legal and Anthropological Perspectives. Forest Peoples Programmes, Stratford Road, United Kingdom. Pp. 1-24. 26 Article 3, Ordinance No. 74-2 of July 6, 1974, To Establish Rules Governing State Lands. and the question lingers on if by such inclusion within public lands the State is not in a way depriving local communities of their rights over these properties found on their lands or further a confirmation to the The Decentralization Paradigm: Pathway for Communities’ Rights to Land in Cameroon 1 Year 2023 7 © 2023 Global Journals Global Journal of Science Frontier Research Volume XXIII Issue ersion I VI ( H )