CHAPTER ONE

 1.0 GENERAL INTRODUCTION

This chapter deals with the General Introduction of the work. It gives the background to the study research questions and objectives, research methodology, scope of study, justification and significance of the study. It also raises the problems of the research.

1.1 BACKGROUND TO THE STUDY

 In Cameroon like elsewhere in Africa, men generally and women in particular have been in the quest to acquire lands and exercise control. However, the societies from which patriarchal laws are found have evolved to respond to changing socio-economic and other aspects of life, issues touching on the effective protection of landowner’s rights being one of them. Hence, several laws have been enacted to protect the interest or right of landowners, but the extent to which these laws are implemented and applied is ineffective owing to the fact that there exist several difficulties in the implementation of these laws. Considering the pre-colonial period, before the arrival of colonial powers, land was managed by clans, chiefs or land managers on community bases. For each community, land belonged to the first “occupant”^[1]. Men were much attached to land because they considered it as the lifeblood of the community. Land was community property, inalienable and even sacred. It was handed down from one generation to another and it was therefore practically impossible to talk about single or individual ownership^[2]. Individuals could have the right of enjoyment to satisfy their food and housing needs. The method of allocating land to members of the clan and possession varied from one region to another and from one ethnic group to another.

However, this type of land management was generally known as “customary” or “traditional” land tenure^[3]. Customary law principles against individual ownership and alienability of land came under threats during colonial period. Land gradually ceased to be seen as a mere provider of shelter, food and means of communication with the ancestors. It became a source of wealth. History has it that, the first ever act of sale of land in Cameroon took place in 1885^[4], when the Baptist Missionary, Alfred Saker bought a piece of land from the king of Bimbia. This sale marked the development of individual ownership and hence individual ownership was introduced in Cameroon during colonization. With respect to the colonial period, Cameroon had a dual experience. First, it was the German Annexation, following the signing, on July 12 1884, of the Germano-Douala Treaty, whereby the Douala chiefs transferred the sovereignty of Cameroon to the Germans. Then came the British and French twice, following the defeat of Germany in the First World War and after the Second World War of 1945. When Germany lost the First World War in Cameroon on February 20th 1916, the country was partitioned between Britain and France along the Simon-Milner line^[5]. Both Britain and France instituted land laws in the country to favour their interests.

The role of the land consultative board in resolving land disputes in Cameroon can best be understood within its historical context, disputes over access to land are relatively common in Cameroon. The main cause of these conflicts are changing land use patterns, increasing land degradations, increasing population densities and lack of policies and rules for managing land disputes. Conflicts occur between pastoralist herders and sedentary farmers. Farmers have encroached on traditional grazing lands, women cultivators seeking land for food crops, in others cases migrants seeking land for farming have planted cocoa on forestland, leading to conflict with herders. Also disputes relating to land transactions and land records are common in Cameroon this is due to lack of land records and poorly established cadastre.

The land consultative board are quasi – judicial bodies established by 1974 land law to administer national land adjudicate land disputes at the prefect level. Some decisions of the land Consultative Board can be appealed to the formal court system; separate boards address agro-pastoral conflicts. The land consultative board members are prescribed by the Divisional Officer as per Article 12 of Decree number 78/166 of 1976 and shall consist of the Sub-prefect or District mangers which are in charge of assessing the effective occupation or development.

1.2. STATEMENT OF THE PROBLEM

Although the Cameroon law provides solution to the settlement of land disputes in Cameroon, the Land Consultative Board still faces difficulties in resolving land disputes in Cameroon such as;

The problem in the laws governing the functioning of the land consultative board in Cameroon is that, the laws do not adequately empower the board to take enforceable decisions.

Also Corruption is another problem that hinders the role of the land consultative board to  administer fair justice.

Furthermore, the composition of the members of the land consultative board is problematic because most of the members are not legal personnel’s and versed with the laws.

Moreover there is ignorance of the laws governing land disputes in Cameroon which comes as a result to low publicity of the laws.

The 1974 land reform has not resolved land-ownership conflict. Civil servants, politicians and businessmen seize large pieces of land to feed speculation and deprive the poor of their customary land. The time necessary for issuing a land certificate is limited to a maximum of six months.

1.3. RESEARCH QUESTIONS

The research questions seek to answer the following questions which can be categorized under general questions and a set of specific questions.

1.3.1 GENERAL RESEARCH QUESTIONS

Then general question is, what are the role played by the land Consultative Board in the settlement of land disputes in Cameroon

1.3.2 SPECIFIC RESEARCH QUESTIONS

• What constitutes the causes of land disputes in Cameroon?
• Is there any legal or institutional framework for the resolution of land disputes in Cameroon?
• How effective are these institutions in settling Land disputes in Cameroon and what are the challenges encountered?
• What are the possible recommendations to solving the issue of land disputes in Cameroon?

1.4. OBJECTIVES OF THE STUDY

The objective are divided into general and specific objectives

1.4.1 GENERAL OBJECTIVES

The goal of the research is to critically examine the role played by the Land Consultative Board in resolving land disputes in Cameroon.

1.4.2. SPECIFIC OBJECTIVES

• To examine the causes of land disputes in Cameroon
• To examine the legal and institutional framework for the resolution of land disputes in Cameroon
• To assess the effectiveness of the institutional framework in resolving land disputes
• To make policy recommendations that can address the issues raised and proffer possible solutions to the way forward.

[1] African Development Bank “a diagnotic study for modernization of the land and surveys sectoors” (2009)

[2] As was asserted by the Nigerian Chief in 1912, while addreessing the West African Land Committee. The Chief had declared: “I conceive that land belongs to a vast family of which many are dead, few are living and countless numbers are unborn”. This statement received judicial blessing in the celebrated case ofAmodou Tijani v. Secretary Southern Nigeriain which Viscount Haldane, delivering the judgment of the Privy Council said: “The next fact which is important to bear in mind in order to understand native land Law, is that the notion of individual ownership is quite foreign to native ideas. Land belongs to the community, the village or the family, never to the individual.

[3] Available at website https://www afdb.org>afdb. Accessed 18 feb 2022.

[4] Victoria Centenary Committee, Victoria – Southern Cameroons, 1858-1958, Spottiswood, Ballantyne and Co.London 1958, 102 cited by Anyangwe : The Cameroonian Judicial System

[5] Viscount Milner was Britain’s Secretary of State for the Colonies, Monsieur Simon was France’s Minister for Colonies.