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

devolved to it by the central authorities. 72 (1) The powers devolved on local authorities in matters concerning public land shall be exercised in accordance with the laws in force and which is not repugnant to the provisions of this law. Secondly, Section 28 of the Decentralization Code further reads: (2) The State may transfer to local authorities the …property referred to in subsection (1) above, at their request, or on the initiative of the State, in order: to enable them to carry out their missions… From the above posture, decentralization could be mistaken for command and control mechanism through which local authorities could be instructed by the central administration. In this situation the hopes mustered around decentralization as means of liberating and empowering Local Communities to beside other things articulate their land rights might take longer than expected to be a reality in Cameroon. d) Decentralized Authorities, Ready and/or Prepared towards Land Management for Communities’ Interest Although the Decentralization Law in Cameroon has set the stage – the readiness for effective devolution of powers to local authorities, there still exist doubts as to whether such readiness is accompanied with the actual preparedness to hand over powers to these institutions. This can be illustrated in the land management sector as decentralized entities are yet to be granted the authority over national lands. Even if such was to be attained one wonders aloud if the interests of local Communities will actually be a major preoccupation. This might be so given that the central authority determines on which sector competence would be transferred, when and to what extent. Even so, the State still remain a major competitor among the stakeholders clamoring over national lands. In this regard, it tends to declare all lands without distinction as lands over which the government shall have management rights, especially national lands. Thus, “…national lands shall be administered by the State…” 73 This has casted doubts as to whether the State is actually ready to give-up this management position over lands to decentralized local authorities and whether the latter is actually prepared to take up this responsibility for the interest of local Communities they seemingly claim to represent. In Cameroon, the decentralization law is still relatively ne w 74 72 See Sections 19 – 20 of the Decentralization law. 73 See article 16(1) Ordinance No. 74-1 of 6 th July (1974), op cit. 74 Barely adopted in 2019. (Law No. 2019/024 of 24 th December, 2019 on Decentralization). and the axes for its full implementation, especially land management for Communities interests is yet to pick up with the necessary steam. VI. C onclusion, R ecommendations and way F orward Building grassroots democracy arguably remains the major goal of decentralization. Such democracy when applied in land management seem however incomplete given that, local communities’ interests are largely insufficiently articulated in a direct manner. Nevertheless, the full implementation of decentralization will require qualitative and quantitative trained human resources. Thus, local authorities need specialists to, beside other things, design development plans and projects for their areas, monitor implementation of developmental activities, and ensure that the daily needs of the peoples are met especially when it comes to land management and ownership. Unfortunately, it seems the National Decentralization la w 75 has skipped the opportunity to articulate Communities’ land interests . 76 R eferences R éférences R eferencias Even so, all hope is not lost given that, in its Section 3, the law seeks to accord a ‘special status’ to North West and South West Regions due to among other things, their specific legal background “…Anglo-Saxon legal background based on Common Law” , though still awaiting a Decree of application. Thus, whether local Communities’ land interests would be taken on board, is a matter to wait and see. The devolution of power and resources to local authorities generally entails accountability. Yet, under decentralization, the State selectively determines the areas of competences to be devolved ant to what extent. While this is so, the question lingers on as to whom are the members of such local authorities accountable to, especially when it comes to communities’ land ownership. Do they owe accountability duties to the local interests they represent or the State through government agents such as the Divisional Officers and Governors found to be appointed by the State with repressive powers to alter decisions taken within decentralized bodies. Thus, if this issue is not well addressed, then the effectiveness of decentralization especially in land management at the local level particularly laying emphasis upon communities wellbeing remain far-fetch. 1. Agrawal, A. and Ribot, J. (1999), ‘Accountability in Decentralization: A framework with South Asian and West African Cases’. Journal of Developing Areas, vol. 33, Summer. 75 Law No. 2019/024 of 24 December 2019 on the Code to Institute the General Code of regional and Local Authorities, op cit. 76 In its General Provision, Section 1 (2) is to the effect that the Law sets out :“…the common provisions applicable to local authorities; the status of local elected officials; the rules governing the organization and functioning of local authorities; the financial regime of local authorities; and special regulations applicable to certain local authorities.” The Decentralization Paradigm: Pathway for Communities’ Rights to Land in Cameroon 1 Year 2023 13 © 2023 Global Journals Global Journal of Science Frontier Research Volume XXIII Issue ersion I VI ( H )