ABSTRACT

The arrival and departure of the colonial masters with land tenure policies in Cameroon did not only bring about profound changes in the political, cultural and economic setting but also introduced a new land tenure of individual ownership and a different perception of land departing from the multicultural practices of land possession that initially obtained in the early time. Land today unarguably is a capital asset in every stratum of the society. It is a decisive social and economic asset which is the gateway to cultural identity, political power and decision making. However, despite the fact that many people own land today, very few have registration certificates/title to those lands or have embarked on any form of registration notwithstanding multiples legislations available, specifically ordinance No.74/1of 6^th July, 1974, to establish the rules governing land tenure and Decree No.76-165 of 27 April 1976 to establish the conditions for obtaining land certificate as amended and supplemented by Decree No. 2005/481 of 16 December 2005. This study is designed to examine the roles of the administration in the land registration procedure in Cameroon.

To achieve the objective of this work, we used doctrinal method of research which consists of primary and secondary data such as legislations of national and international characters and books, articles, thesis, reports, etc respectively. In every country, a modern, efficient and transparent land administration system is an important tool in addressing poverty and promoting growth and sustainable development. Even though the above laws regulate land registration procedure in Cameroon, this research result shows that the role of the administration in this process, although praiseworthy, do not sufficiently guarantee owners of landed property in procuring land titles. This can be attributed to the following; Slowness of decentralization process, poorly constituted nature of the land consultative board members, complexity of land governance, as well as corrupt practices of some officials concerned. Notwithstanding the difficulties in ascertaining the appropriate mechanism in this procedure, we recommend inter alia that the law on land registration should be amended so as to permit incorporate much more flexible procedures as far as land registration and settlement of land disputes is concerned with the possibility of having experts in land management join State assigned personnel as statutory members of the Land Consultative Board main organ charged with mission of addressing land ownership related questions.

GENERAL INTRODUCTION

0.1 Background to the Study

Since time in memorial, human beings have been using land for various purposes, such as hunting of animals, picking of fruit and ensuring good livelihood through a variety of usage of land. Alan Park^[1] describes the community in the early days as a foraging society. The appropriation of portions of land has often been motivated by time and needs, man did not only start using land for agricultural purposes but also the construction of permanent settlements.^[2] This human evolution led to the carving out of territories and fixing of boundaries which acted as limits to the exercise of rights over the said land area. The rights concerned were mainly customary. As such, traditional mechanisms were put in place by occupant communities and individuals as a way of guaranteeing their respect and protection.^[3] Most local communities strongly believe that they have inherent rights over parcels of land inherited from their ancestors, with absolute enjoyment rights. However, this situation witnessed an evolution with the rapid population growth in the world and the increasing demand for land. Land which had basically spiritual and cultural values became a high economic tool, and even a prerequisite for development. With this evolution, cases of violation of these property rights witnessed a numerical increase.^[4] This, therefore, called for regulation to ensure equitable and fair access of land to everyone.

The attempts to regulate land matters started with the international community, which sought to promote and protect these rights through legal mechanisms put in place. Though there is no international instrument bearing specifically on land rights, many international conventions, treaties and declarations uphold them. Such instruments include the Universal norms as defined within the United Nations Organization (UNO) system; the same as Regional norms at the level of the continents and locally in Cameroon by the Constitution of the Republic in its preambule. These instruments in general are aimed at ensuring the guarantee of basic human rights for all groups and individuals; irrespective of sex, race, origin, religion, political philosophy, or nationality. Various States around the world have transposed these instruments into their respective national legislations.

As far as the universal norms are concerned, the Universal Declaration of Human Rights^[5] is recognized as one of the most important. It was adopted by the United Nations General Assembly on 10^th December 1948.  The 30 articles of the UDHR establishes the civil, political, economic, social, and cultural rights of all people. It is a vision for human dignity that transcends political boundaries and authority, committing Governments^[6] to uphold the fundamental rights of each person. Article 17(1) of the Universal Declaration of Human Rights holds that ‘Everyone has right to own property alone as well as in association with others’. Sub Section 2 stipulates that ‘No one shall be arbitrarily deprived of his property.^[7]

In the same line, the 1966 Pact on Civil and political Rights stipulates in its article1 that ‘all peoples have the right to dispose of themselves. By virtue of this right, they freely determine their political status and freely assure their economic, social and cultural development’. The 1966 pact on socio- Cultural and Economic Rights also contributes immensely to the protection of landed property rights. In effect, Article 2 provides that ‘to attain their goals, all persons can dispose freely of their riches and natural resources with reserve to obligations emanating from international economic cooperation based on the principle of mutual interest and international law. In no case should a people be deprived of its means of subsistence’.^[8]

There is equally the 2007 UN Declaration on the Rights of Indigenous Peoples which disposes in its article 27(2) that the indigenous peoples have the right to own, use, develop and control land, territories and resources that they possess by virtue of traditional ownership or by any other traditional occupation or use as well as those which they have otherwise acquired,^[9] was adopted by the international labour organization in 1989. It institutes the right of indigenous people in independent countries to ‘exercise control, to the extent possible, over their own economic social and cultural development,’ in several areas including property.

Apart from these universal instruments, the guarantee of property rights also draws its origin from regional instruments. Most of the regional organizations representing the various continents in line with the UN charter and the Universal Declaration of Human rights set out to adopt norms that their member countries have to implement. These norms vary from one region to another but the most important thing is that human dignity is at the Centre of all. At the level of the African region, the most important of the norms adopted was the African charter of Human and peoples’ Rights which stipulates in its article 14 that ‘the right to property shall be guaranteed”. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. 

The system of land registration as it operates in Cameroon and other African states has its origin from the Torrens act of 1861[10], designed by Sir Robert Torrens for the colony of Australia. The Act established land ownership through the registration of titles and, because ownership entails the right to alienate, the system of registration of instruments or deeds concerning the transactions was also established. This system appeared attractive to the colonial administrators in Africa^[11]who saw in it the only means of putting an end to the customary law principles against individual ownership and alienation of land. In analyzing the merits of the system, Alliot writes,

In the eyes of the colonial legislator, the European system had many advantages. Individual property was alienable ad consequently susceptible to guarantee loans to its owner. The exclusive ownership of property favoured initiative, and economic progress in the 19^th century depended essentially on such initiative. Perpetual ownership was a guarantee to third parties who had less doubt of the identity of the owner, and did not hesitate to invest, knowing that the land would not be withdrawn from them.^[12]

The natives were thus considered as being the principal beneficiaries of the system which Goutillon^[13]described as ‘bienveillant et genereux’, failing to consider the fact that it was intended essentially for the benefit of the Europeans. Very few, if any, Africans could afford the cost of having their titles investigated and registered. Again, the system provided the colonial administrators with an easy method of ascertaining the extent and value of land at their disposal. In most of the cases, vacant and unoccupied lands were simply declared to be ownerless and placed at the disposal of the colonial masters. There is historical evidence that the Torres system was introduced in Cameroon by the Germans as far back as 1893.[14] This can be gathered from the statement by N.N. Mbile that.

Some Cameroonians took advantage during the German imperial government and registered their customary titles.^[15]

History holds it that when Great Britain and France eventually took over the administration of the territory, they partitioned it between them and each applied its own system of land tenure. The system of land registration was maintained in the French sector while in the English sector, attached to Nigeria administratively, two precarious systems existed. These were customary and statutory occupancy of land. Under the former, land was held under native law and custom while under the latter it was granted by the governor subject to the payment of rents, and was evidenced by a certificate of occupancy[16]. The certificate of occupancy did not give its holder absolute ownership of the land as does the registration system. It was revocable and subject to the overriding powers of the governor and from October 1961, the Prime Minister. These certificates were actually intended for foreigners but Found favour among enlightened and progressive Cameroonians because of the many benefits that were afforded by the system^[17]

These divergent systems were harmonized in the Ordinance No.74-1 of 6 July 1974, which introduced the system of land registration throughout the country.

Section 8(2) stipulates.

Assignments and leases of urban or rural lands which are not registered in the name of the seller or lessor shall be null and void.

Land, which is the subject matter of sale, must therefore, has to be registered in the name of the vendor. The system involves the inscription of vital information, notably the identification of a piece of land and its owner in the land register, culminating in the issuance of a land certificate which affords an official record of the relationship between the property and its owner.

The object of the system is to provide a method of creating and transferring interests in land which is simple, speedy and cheap to be in consonance with the preamble to the English land Registry Act 1862 in which it is provided that the purpose of registration is: To give certainty to the title to Real-Estates, and to facilitate the proof thereof and also render the dealings with land more simple and economical. The cliché that the transfer of land should be as simple as the transfer of stocks is often used. To this end, the administration (land department) examines the title of the owner of unregistered land and creates a register of the proprietor’s title. This register defines the property and the estate owned by the proprietor and then specifies all the interests to which a transfer of the registered estate would be subject. Any purchaser for value from the registered proprietor gets exactly what is contained in the register the title to the land and the defects and limitations are open for inspection on a state guaranteed document.^[18]

The register conserved at the lands Department consists of three parts namely: the property Register, the proprietorship Register and the charges Register. The property Register describes and identifies the land and the interest in it, subject matter of the title. It also mentions specific benefits capable of subsisting as legal interests such as easements, rights, privileges and covenants for the benefit of the land. The proprietorship Register states the nature of the title that is the name, address and description of the proprietor of the land, and equally mentions inhibitions, cautions and restrictions affecting his right of disposing of the landed property. The charges register records the charges affecting his right of disposing thereof. The Charges Register records the existing development on the land at the date of registration, subsequent charges and other encumbrances including notices of leases and other notices of adverse interests or claims on the land. At the end of the entries, a land certificate is issued as evidence of title. It is not the title itself which is recorded in the land Register, and which remains at the Department of lands.

As to the prerequisite for obtaining land certificates, sections 9 of Decree No. 76-165 of 27 April 1976 provides that;[19].

The process of obtaining a land certificate includes an administrative phase relating to the assessment of land occupation and development, a technical phase relating to the physical description of the land, and a legal phase that analyzes the conditions of access to property right. The main actors are the Department of Surveys for the technical phase, the Department of State Property and the Department of Land Tenure for the legal phase and, the local Administrative Authority[20] for assessments. The formal procedure for registering land transactions in Cameroon takes 93 days and costs 18% of property value, compared to the average of 81 days and 10% of property value across sub-Saharan Africa as a whole[21]. The registration process requires obtaining a copy of the Cameroon property rights and resource governance profile property deed at the Land Registry, having various drafts and final versions notarized, and registering with the tax authorities and Land Registry. The registration process is generally considered cumbersome, expensive and time consuming. The authority for registration was decentralized to local levels in 2005, with the Land Consultation Boards assuming
responsibility for demarcating land and adjudicating rights. The Land Consultation Boards and local government offices have lacked systems, equipment, financial support and training to accurately carry out the duties assigned to the LCB.

0.2 Statement of the Problem

Land today unarguably is a capital asset in every stratum of our society. However, despite the fact that many people own land today, very few have title to those lands or have embarked on any form of registration. A vast majority of those who own or purchase land usually brandish sale/transfer agreements or Deeds of Conveyance as proof of title. At law, these are not conclusive titles of ownership because while they might suffice to justify an interest in land, they are inadequate to justify absolute ownership. The lack of a conclusive and final title to land is usually at the centre of many land disputes among Cameroonians. Hence, the importance of land registration cannot be overemphasized neither can the problems caused by its absence can be underestimated nor the challenges in the procedure of registering land be undermined. Notwithstanding the presence of the 1974 ordinance on land tenure in Cameroon and more specifically the 1976 decree establishing the condition for obtaining land certificates, the procedure for land registration still remains complex and unnecessarily lengthy in some cases and not many are familiar with the procedure.   The administration of land in Cameroon is also plagued by a persistent problem known as “land retardation.[22]” These issues hinder land registration, tenure security, investment, and sustainable development. As a result, individuals, communities, and businesses face difficulties in accessing and utilizing land resources, leading to social inequality, economic stagnation, and environmental degradation. The complex nature of the procedure coupled with a lack of mastery probably accounts for the disproportionate rate of lack of registration to land acquisition in the country which is in itself problematic.

0.3 Research Questions

For the purpose of clarity, our research questions will be sub-divided into main and specific research questions.

0.3.1 Main Research Question

 What are the roles of the administration in the procedure of land registration in Cameroon?

0.3.2 Specific Research Questions

• What are the direct procedures of land registration in Cameroon?
• What are the indirect procedures of land registration in Cameroon?
• What are the roles of the administration in the settlement of dispute arising from land registration procedure?
• What are the challenges faced by the administration in the procedure of land registration in Cameroon?
• What policy recommendations can be made to savage the issues raised in land registration procedure in Cameroon?

0.4 Hypothesis

This research assumes that, the mechanisms available do not sufficiently guarantee effective land registration procedures in Cameroon.

0.5 Research Objective

Our work consists of a main research objective and five other specific research objectives.

0.5.1 Main research objective

The main objective of this research is to examine the roles of the administration in the procedure of land registration in Cameroon.

0.5.2 Specific research objectives

The specific research objectives would be considered here-under;

• To examine the direct procedures of land registration in Cameroon,
• To examine the indirect procedures of land registration in Cameroon,
• To analyse the role of the administration in the settlement of dispute arising from land registration procedures,
• To highlight the challenges faced by the administration in the procedure of land registration in Cameroon,
• To outline policy recommendations that can be made to savage the issued raised in land registration procedure in Cameroon.

[1]Alan (P), introducing anthropology, an integrated Approach, Mayfield Publishing Company, Californis, 1999, p.167.

[2] Kottak (k), Anthropology, the Exploration of Human Diversity, Tenth /edition, Mc Graw Hill, Boston, 2004,p. 253.

[3] Anuafor Asongwe (c), ‘the contribution of sub divisional officers to the protection of landed property rights in Cameroon’, a report submitted in partial fulfillment of the requirement for the award of master’s  in human rights, university of  DSchang 2014,p.l.

[4] Anuafor Asongwe(C) ‘the involvement of the Administration in the management of the Bambili- Babanki Tungoh boundary disputes since the colonial era’, a dissertation submitted in partial fulfillment of conditions for the award of masters of Arts degree in History, University of Yaoundé I, 2007,p1.

[5] Amnesty International USA, 2014/2015 World, Action for Human Rights, Hope Humanity p.1.

[6] The UDHR helps guide Amnesty international’s work. Amnesty international also uses these principles to help define human rights and the issues that they continuously fight for.

[7] The Universal Declaration of Human Rights, 10^th December 1948.

[8] 1966 International Convention on Economic, social and cultural rights.

[9] Convention 169 on indigenous and tribal peoples, Convention 169 on indigenous and tribal peoples international labour organization in 1989.

[10] Joseph NZALIE EBI. The Land and Practices of Sale of Land in Cameroon, 1^st edition, University of Bamenda Printing Press, 2020, p46.

[11] A. DAIN ‘Le system Torrens, son Application en Tunisie et en Algérie’ in Jourdan Edit Alger 1885

[12] M. Alliot ‘les resistance Traditionnelle au droit moderne dans les Etats d’Afrique Francophone et à Madagascar’ in Etudes de Droit Africafine Malgache. CUUAS 1965P.246. My translation.

[13] ‘ La Queation de la propriete Fonciere en Afrique Occidentale’, la Quinzaine Coloniale, 1909.p. 78

[14] Joseph Nzalie Ebi. opcit p49.

[15] Ibid.

[16] Ibid.

[17] Ibid.

[18] Gerald Dworkin,’Registered land Reform’ (1961) 24M.L.R.p.136.

[19] The following persons are eligible to apply for a land certificate for national lands which they occupy or develop.

• Customary communities, members thereof or any occupancy or exploitation predates 5 August 1974, the date of publication of ordinance No. 74-1;
• Persons who have forfeited their rights as a result of the application of Article 4, 5, and 6 of the above mentioned Ordinance No. 74-1 of 6 July 1974.

[20] This is a top official generally appointed from staff of the Ministry of Territorial Administration to head an Administrative Unit Region, Division, Sub Division.

[21] Nessie-Sandra Akun Loh. “Challenges faced in Land Registration in Cameroon”, Journal of Legal Studies and Research, Volume 9 Issue 1, 2022, p217.

[22] Land retardation refers to the sluggishness and inefficiencies within the land administration system, characterized by delays, corruption, inadequate policies, and lack of transparency.