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

opinion that local communities are mere squatters on their own lands. c) Ownership Right or Titling Since 1974, the Cameroonian legislator has conditioned land ownership to the acquisition of land certificates. 27 In this regard, local communities as well as members thereof may apply for land certificates for their parcel . 28 Without such certificate, it is considered that they are mere occupants or simply users of such lands for the time being as such lands can be subject to lease or assigned to other users as the State deems necessary. This may especially be considered so given that, land resources such as forests and forest products owned by local communities are considered to be found on national lands which according to the Forestry Law constitute non-permanent or unclassified forests . 29 With ownership or titling right, local communities can actually play key role in the lease of their own lands . 30 To this effect, they enjoy the right of preemption in the event of alienation of products found in their forests for instance. 31 d) Consultative and Compensatory Rights National land over which local communities’ rights can be exercised, their effective utilization and administration is guaranteed by the State. 32 With such powers the State can therefore give her consent for the expropriation of such lands for instance especially for public purposes. In this regard, local communities inhabiting such lands may be consulted. Consultation may be carried out at different levels and for different reasons. 33 While the Land Consultative Board ensures on behalf of the State proper administration of national lands, community leaders are generally members of the board. 34 27 See articles 6 and 7, Ordinance No. 74-1 of 6 July 1974 on Rules Governing Land Tenure; article 1, Decree No. 76-165 of 27 th April 1976 to Establish the Conditions for Obtaining Land Certificates. 28 Article 17(1), (2) and (3), ibid; also see article 9(a), Decree No. 76- 165 of 27 th April 1976 to Establish the Conditions for Obtaining Land Certificates. 29 Section 37(1) – (8), Law No. 94/01 of 20 th January, 1994 to Lay down Forestry, Wildlife and Fisheries Regulations, op cit. 30 Tamasang, C. (2007), Community Forest Management Entities as Effective Tools for Local-Level Participation under Cameroonian Law: A Case Study of Kilum/Ijim Mountain Forest. A Thesis Defended for the Partial Fulfilment of Requirements for Obtaining Ph.D. in Law. Faculty of Laws and Political Science, University of Yaoundé II-Soa. 31 Minang, P. et al. (2019), Evolution of Community Forestry in Cameroon: An Innovation Ecosystems Perspective. Ecology and Society, vol. 24, Iss. 1. 32 Article 16(1), Ordinance No. 74-1 of July 6 th , 1974 to Establish Rules Governing Land Tenure, op cit. 33 Reasons for consultation may vary to include: investigation for valuation, compensation upon expropriation, negotiation and for the settlement of disputes between parties. Such leaders or traditional authorities may 34 According to article 14 of Decree No. 76-166 of 27th April 1976, the duties of the Land Consultative Board shall include among other things: making recommendations to the Prefectoral Authority on the allocation of rural areas to agriculture and grazing according to the needs of the local inhabitants; make reasonable recommendation on include: village chiefs and two leading members of the village or community where the land is situated. 35 Also, the population where lands need to be expropriated (local population) might be invited, not only to be consulted but also to participate in the stages of investigation of portion of lands earmarked for expropriation. 36 III. A sserting C ommunities’ L and R ights within the D ecentralization P aradigm However, it is regrettable that the law fails to define the meaning and extent of consultation. Generally, community land can be considered to be the piece of land upon which local communities exercise ownership and management rights with some form of legal authority to do so, primarily driven by community benefits, sometimes directly or indirectly with the goals of sustainability. 37 Within the Cameroonian land law, this is the area generally considered as national lands which are those not classed into the public or private property of the State and or the public bodies. 38 But then, how best are national lands managed for the communities’ interest especially through the decentralization system opted for by Cameroon. In this regard, the Constitution traces the decentralization system, thus, considering the State as ‘a decentralized and unitary State which recognizes and protect traditional values that conform to democratic principles, human right and the law. ’ 39 A rticle 55 on its part further captures the regional and local authorities as organs apt in exercising such competences. 40 applications for grants; examine and if necessary settle dispute submitted to it under the procedure for allocation of land certificates on occupied or exploitation of national lands; select the land which are indispensable for village communities; note all observation and all information concerning the management of national lands and transmit its recommendations to the Minister in charge of lands; examine and if necessary settle all landed property disputes referred to it by the court 35 See article 12, Decree No. 76-166 of 27th April 1976 to Establish Conditions and Terms of Management of National ands. 36 Article 5, Ordinance No. 74-3 of 6 th July 1974 Concerning the Procedure Governing Expropriation for Public Purpose and the Terms and Conditions of Compensation. 37 Manor, J. (1999), The Political Economy of decentralization. World Bank, Washington DC; also see, Melo, M. and Rezende, F. (2004), Decentralization and Governance in Brazil. In: Tulchin, J. and Selee, A. (ed.), Decentralization and Democratic Governance in Latin America. Woodrow Wilson Center Report on the Americas No. 12, pp. 37-66. 38 See article 14(1), Ordinance No. 74-1 of 6 th July 1974 to Establish Rules Governing Land Tenure; also see Melone, S. (1972), La Parente et la Terre dans la Strategie du Developpement. Klinsienck, Yaoundé and Paris. 39 Article 1 (2), Law No. 2008-1 of 14 April 2008 to Amend and Supplement some Provisions of Law No. 96/6 of 18 January 1996 to Amend the Constitution of 2 nd June 1972. 40 Articles 55, 56, 57, 58, 59, 60, 61 and 62 of the Constitution, ibid. The Decentralization Paradigm: Pathway for Communities’ Rights to Land in Cameroon © 2023 Global Journals 1 Year 2023 8 Global Journal of Science Frontier Research Volume XXIII Issue ersion I VI ( H )