IN THE CASE OF CAMEROON

CHAPTER ONE

GENERAL INTRODUCTION

• Background of the Study

Climate change litigation is a rapidly growing field of climate law development that is garnering considerable interest, and courts are playing an increasingly important role in the development and implementation of climate law and policy. There is an observable interplay between the Sustainable Development Goals (SDGs) and environmental and climate law and governance, and also the SDGs in climate change litigation. This rapidity is perceived even in the context of Cameroon.

In the 21th Century, climate change is one of the greatest threats that affect all humanity. The Intergovernmental Panel on Climate Change (IPCC) says undoubtedly there has been an unprecedented warming in the global climate system since 1950’s and climate change impacts widely human and natural systems.[1] Nevertheless, one of the biggest obstacles of sustainable development is climate change, as the adverse effects of climate change cause difficulties for countries to achieve sustainable development goals.[2] The concepts of climate change and sustainable development undeniably relate and influence each other in various aspects. This explains why Paragraph 14 of the 2015-2030 Agenda for Sustainable Development states that ‘Climate change is one of the greatest challenges of our time and its adverse impacts undermine the ability of all countries to achieve sustainable development’. its adverse impacts weaken the capacity of states to succeed sustainable development.[3]

The scale of human development on the natural world has been a cause of widespread concern that has progressively led to consider environmental protection as an ethical value. With the continuing evolution of technologies, nowadays environmental issues as sustainable development, its core principle, are at the top of international and domestic political agenda as a new field of academic enquiry from different perspectives (natural sciences, economics, politics, law, etc.). Since it clearly emerges as a priority issue of global dimension, a multilateral and transnational approach is needed. As a part of this holistic strategy, law plays an essential role in the pursuit of environmental protection and in the promotion of sustainable development, imposing effective obligations on States. Simultaneously, law could be considered as an instrument to impose certain ethical values, forming the framework in which ethical perspectives can operate to find a better governance of this contemporary, technological and complex society. The achievement of this target requires a radical reinterpretation of development.[4]

It seems like a long time ago that there were only a handful of climate lawsuits. Since the first climate lawsuits were filed in the United States in 1990,[5] a myriad of litigation has emerged at the national, regional and global levels. According to the Grantham Research Institute on Climate Change and the Environment, as of May 2021 the databases on climate litigation around the world contained 1,841 cases that were either in progress or had already been decided.[6] This shows the exponential development of the phenomenon through which civil society organizations, public law legal entities and private individuals are trying to establish the responsibility of states and companies in the oil and energy industry in general on the causes and effects of climate change.[7]

However, this phenomenon does not develop in the same way in different geographical areas. While the United States alone has 1,387 climate- related cases, the African continent has only ten recognized climate cases, according to the databases of the Sabin Center for Climate Change Law and the Grantham Research Institute. One is pending before the East African Court of Justice[8] at the sub- regional level, and nine have been tried or are pending in various countries such as South Africa,[9] Nigeria,[10] Kenya[11] or Uganda.[12] Yet Africa is one of the most vulnerable regions in the world to climate change. One would have expected climate litigation to proliferate considerably in African States, but this is not the case.[13]

By beginning of 2020, the world was met with the unimaginable challenge of a global pandemic, Covid-19, which has resulted in unconceivable changes to many countries. From health concerns to economic recovery, many countries have had to make variations at legislative and policy levels to protect their countries for years and generations to come. Despite the challenges of Covid-19, it is important that countries continue to address goals and obligations which have already been committed to. Of particular interest are the commitments and goals made in the fields of climate change and sustainable development, respectively.

It is worth considering that, 2020 marked the beginning of the critical decade for climate change and also marked 5 years after the introduction of the sustainable development goals. Action against climate change and progressive sustainable development require persistent and constant attention. However, climate change and sustainable development should not be viewed in isolation of each other. In fact, it may be the necessary overlap of these concepts that could provide a solution that addresses both, climate change concerns as well as sustainable development. It is in the context of Covid-19 recovery and the critical decade of climate action that the introduction of a Sustainable Development Model Law can be favourable and accommodating.

Before the 202s and under foreign domination between 1884 (Germany, France and United Kingdom) and 1959, Cameroon has a legal system that is based on both the common law and the civil law systems on the one hand, and on customary law on the other.[14] However, since the reunification of the former western Cameroon under common law and the former eastern Cameroon under civil law in 1961 and the unification of the country in 1972, the country has produced an abundance of legislation that has given common law and customary law less influence, thus showing that Cameroon is increasingly governed by civil law, particularly in environmental law matters.

However, in principle, the SDGs could serve as valuable tools for courts to utilize in adjudicating climate disputes. Hypothetically, by referencing these widely recognized global development objectives, courts could enhance the legitimacy of their decisions at national, regional and international levels. The SDGs could also provide a broader mandate for courts to compel meaningful climate action, especially by linking environmental goals with other developmental priorities, such as social equity (SDG 10), responsible consumption and production (SDG 12), and justice (SDG 16). This alignment might allow courts to impose stronger obligations on governments and corporations to take climate action that also addresses related societal impacts, and to justify measures that enhance public participation, transparency, and accountability in climate governance.[15]

Additionally, judicial engagement with the SDGs could benefit the goals themselves. Courts could, for example, mediate conflicts between SDGs, especially where goals may appear to be in tension, affirming that certain objectives, such as climate protection under SDG 13, should take precedence, and thus establishing a hierarchy where necessary. By actively referencing the SDGs, courts could elevate the profile of these otherwise aspirational targets, turning them into actionable benchmarks within and through legal reasoning. Such judicial endorsement affords the SDGs greater weight and authority, potentially encouraging policymakers and stakeholders to view the goals as essential standards rather than mere guidelines. In doing so, courts might help embed the SDGs within legal and governance frameworks, moving them from aspirational objectives to more influential principles that can shape climate action and sustainability.

• Statement of the Problem
• Your problem statement is still weak. Qually give the prevalence of climate litigatin in Cameroon vis a vis other coutries, lack of enabling legistation, inability to achieve and enhance sustainable development through litigation in Cameroon, usirisdictinal limitations evidentiary burdens, definitional challenges role of courst  etc  

Since the access of Cameroon to Independence and subsequently Unification in 1972, the country has produced an abundance of legislation relative to climate change and implementation of sustainable development policies, thus showing that Cameroon is increasingly ascertaining the value of effective climate change litigation, particularly in environmental matters,[16] in the context of sustainable development. There are many laws, decrees or orders that organize the management of environment and natural resources in Cameroon. However, contrary to other African countries where climate litigation has developed, the Cameroonian legal framework is qualified and limits the access of stakeholders such as Civil Society Organizations and even individuals to the courts in environmental matters. This is brought about by the restrictive conditions for the admissibility of cases, notably concerning the standing and the capacity to act by the above mentioned persons and the priority given to legal entities by environmental law for conflicts before the judge to the detriment of natural persons.

By evidence, whereas the law has given everybody, both natural person and legal persons the right to healthy environment,[17] this right is not effectively implemented. The capacity and standing to act in environmental matters is conditional, for certain legal persons such as Civil Society Organizations (CSOs). Thus, the admissibility of legal action by an association in environmental matters is conditioned on the holding of an approval granted by the Ministry of the Environment, Nature Protection and Sustainable Development. This is what happened in the case of the Association Club HSE (Hygiène Sécurité Environnement) v. State of Cameroon (Ministry of the Environment, Nature Protection and Sustainable Development) and Gaz du Cameroun.[18] This case demonstrates the ineffectiveness of the law in ensuring climate change litigation. A phenomenon which directly has negative repercussions on the country’s sustainable development policies.

Discerning from the above, the main issue that this work seeks to address is the poor implementation of legal instruments in place to ensure climate change litigation in the context of sustainable development in Cameroon.

0.3 Research Question

Main Research Question

• what is the role of clmate change litigation in the enhancement of sustainable development in Cameroon? How does the law guarantee climate change litigation in the context of sustainable development in Cameroon?

Specific Research Question

• What is the Rationale for Climate change litigation in the context of sustainable development?
• How does climate change litigation help in tha achievement of sustainable development? What is the sustainability of climate change litigation process and legal remedies in Cameroon?
• What are shortcmings, challenges and limitations of climate change litigation in enheancement of sustainable development in Cameroon?
• What are the policy recommendations that can be put in place to achieve sustainable development through climate change litigatin?

• Research Hypothesis review

This work is written with the premise that the law relating to climate change litigation is ineffective, thus compromising sustainable development within the Cameroon context.

0.5 Research Objectives review in line with RQ

Main Research Objective

• To examine how the law guarantees climate change litigation in the context of sustainable development in Cameroon.

Specific Research Objective

• To find out the Rationale for the contextualization of Climate change litigation in Cameroon.
• To examine the sustainability of climate change litigation process and legal remedies in Cameroon.
• To examine the limitations to climate change litigation in Cameroon.
• To highlight some policy recommendations that can be put in place to tackle the above remedies.

[1] RK Pachauri, Leo Mayer and Intergovernmental Panel on Climate Change (eds), Climate Change., (2014), Synthesis Report (Intergovernmental Panel on Climate Change 2015). P45.

[2] ‘Transforming Our World: The 2030 Agenda for Sustainable Development’.

[3] Lupwana Jean Jacques K., (2023) “Legal status of sustainable development principles and climate change responsibilities under the Paris Agreement” Brazilian Journal of Public Policy, Vol. 13, N⁰. 2, pp245-259.

[4] Gupta, J. & K. Arts (2018), “Achieving the 1.5 °C objective: just implementation through a right to (sustainable) development approach” in International Environmental Agreements: Politics, Law and Economics 18(1):11‒28. Available also at: https://link. springer.com/10.1007/s10784-017-9376-7

[5] Among the first cases City of Los Angeles v. National Highway Transportation Safety Administration et al, 912 F2d 478 (DC Circ. Court of Appeal) 1990.

[6] J Setzer and C Higham (2022), Global Trends in Climate Change Litigation: 2021 Snapshot Policy Report, p. 10.

[7] C Cournil and L Varison (eds)., (2018), Les procès climatiques. Entre le national et l’international (Editions A Pedone, p20.

[8] East African Court of Justice, Center for Food and Adequate Living Rights v. Tanzania and Uganda, 2020.

[9] High Court of South Africa Gauteng Division, Pretoria, South Durban Community Environmental alliance v Minister of Environment, Forestry and Fisheries, Founding Affidavit, 2021; High Court of South Africa Gauteng Division, Pretoria, SDCEA & Groundwork v. Minister of Forestry, Fisheries and the Environment, Founding Affidavit, 2021; High Court of South Africa, Western Cape Division, Cape Town, Philippi Horticultural Area Food & Farming Campaign v. MEC for Local Government, Environmental Affairs and Development Planning: Western Cape, Judgement, Case No. 16779/ 17; High Court of South Africa Gauteng Division, Pretoria, The Trustees for the time being of Groundwork Trust v The Minister of Environmental Affairs, Case No. 54087/ 17, 2017; High Court of South Africa Gauteng Division, Pretoria, The Trustees for the time being of Groundwork Trust v The Minister of Environmental Affairs et al, Case No. 61561/ 17, 2017; High Court of South Africa Gauteng Division, Pretoria, Earthlife Africa Johannesburg v Minister of Environmental Affairs, Judgement, Case No. 65662/ 16, 8 March 2017.

[10] Federal High Court of Nigeria, Jonah Gbemre v Shell Petroleum Development Co. of Nigeria Ltd, FHC/B/CS/53/05, 14 November 2005.

[11] National Environmental Tribunal, Save Lamu v. National Environmental Management Authority and Amu Power Co. Ltd, No. 196, 2016.

[12] High Court of Uganda Holden, Mbabazi v. The Attorney General and National Environmental Management Authority, Civil Suit No. 283 of 2012, 28 August 2015.

[13] Several renowned jurists, noting this situation, have also identified possible avenues of litigation on the continent, such as the fuel- based electrical energy sector, the exploitation of oil resources or the phenomenon of land- grabbing. Others think that an adjustment of the ‘lens’ through which we view climate litigation helps reveal notable case law developments in the Global South including Africa. In, K Bouwer and T- L Field., (2021) “The Emergence of Climate Litigation in Africa”, Carbon & Climate Law Review, Vol. N0. 2, pp123.

[14] JM Tchakoua, (2018), « La question environnementale dans le système juridique du Cameroun », in O Ruppel and E Kam Yogo (eds), Environmental Law and Policy in Cameroon. Towards Making Africa the Three of Life (PUCAC), p.108.

[15] Louis J. Kotzé et al., Agenda 2030 and the Role of the Sustainable Development Goals in Climate Litigation, Electronic copy available at: https://ssrn.com/abstract=5009540, accessed on 25 March 2025.

[16] JM Tchakoua, (2018), « La question environnementale dans le système juridique du Cameroun », in O Ruppel and E Kam Yogo (eds), Environmental Law and Policy in Cameroon. Towards Making Africa the Three of Life (PUCAC), p.108.

[17] Everyone has the right to a healthy environment. The protection of the environment is a duty for all. The State ensures the defense and promotion of the environment’. See Preamble of Law No. 96/ 06 of 18 January 1996 revising the Constitution of 2 June 1972, amended and supplemented by Law No. 2008/ 001 of 14 April 2008.

[18] Administrative Court of Douala, Affaire Association club HSE v Etat du Cameroun (MINEPDED) et Gaz du Cameroun, Annulation du certificat de conformité environnementale, 26 mai 2016 referenced by Nyetam Tamga (n 22), 185. In Daniel Armel Owona M., (2023), Op. Cit. In this case, the administrative judge declared the applicant association’s action inadmissible for lack of standing and capacity, basing his decision on article 8(1) and (2) of the Environment Act.26 The HSE club association sought the cancelation of a decision of the MINEPDED that led to the issuance of a certificate of environmental conformity for the construction of a gas pipeline in Douala by Gaz du Cameroun.27 According to the plaintiff, MINEPDED had violated, among other things, the rules prescribed by Decree No. 2013/ 0171/ PM of 14 February 2013 establishing the modalities for conducting environmental and social impact studies, particularly those relating to public consultations and public participation prior to a project. However, the administrative judge considered that, not having the status of a public body and not being accredited, the HSE association could not meet the capacity and standing requirements to request the annulment of the administrative act that confers the certificate of environmental conformity on a third party, all the more so as it did not bring proof of the personal prejudice resulting from the act in question.