THE LEGAL APPRAISAL OF ENVIRONMENTAL PROTECTION IN CAMEROON
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| Department | LAW |
Project ID | LL202 |
Price | 15000XAF |
| International: $40 | |
No of pages | 70 |
Instruments/method | QUANTITATIVE |
Reference | REGRESSION |
Analytical tool | YES |
Format | MS word & PDF |
Chapters | 1-5 |
This work seeks to examine the how is the environment in Cameroon protected. The research was done using the doctrinal approach and review of articles and laws . Findings indicate that the concept of environmental protection is the practice of protecting the natural environment by individuals, groups and governments. In Cameroon, despite comprehensive legislation, and international agreements, environmental degradation persist Its objectives are to conserve natural resources and the existing natural environment and, where it is possible, to repair damage and reverse trends. The study aims to evaluate how the environment is protected it legal framework and practical implementation the qualitative research methodology using doctrinal approaches, focuses on the Buea municipality from 2016-2024 emphasizing the importance act of the Anglophone conflict on environmental condition. Furthermore, the study finding will benefit stakeholder, academics and policy makers by offering insights and recommendations for improved environmental governance in Cameroon. The exploitation of environmental protection concept, highlighting its goals of conserving natural resources, preventing unwanted changes, and repairing damages it distinguishes between preservation and conservation, addresses the integration of humans in ecosystem, and discusses the evolving nature of environmental protection measures. The legal and institutional framework for environmental protection in Cameroon encompasses domestic policy instrument, including regulatory, economic, voluntary and educational measures as well as international agreement and principles. The Ministry of Environment, Natural Protection and Sustainable Development leads national effort with significant laws like that of1996 environmental management law establishing foundational principals and requirements for environmental impact assessment. Despite progress, challenges persist in policy implementation, enforcement and public participation, particularly concerning indigenous communities. This chapter examines the effectiveness of environmental protection in Cameroon focusing on the rapid expansion and implementation of environmental law over the last five decade. Despite numerous legal instruments at various levels, environmental degradation continues to pose significant challenges. This chapter highlights Cameroon’s efforts in environmental laws compliance, and the practice of environmental assessment emphasizing the ongoing needs to enhance the effectiveness of these majors for sustainable development. This chapter discusses the finding on environmental protection in Cameroon, concluding while significant legislative and institutional progress has been made, challenges remain in implementation and public participation enhancing free assessment enforcing laws and increasing community education to improve the effectiveness of environmental protection and promote sustainable development.
This chapter seeks to unravel the background to the study, statement of the problem, research questions, research objectives and, literature review, theoretical framework, methodology, scope and significance of the study, definition of terms and synopses of the chapters
Since the early 1970s, the steady deterioration of the natural environment has given rise to widespread awareness of man’s destructive impact on nature. This awareness of the vital importance for humanity of a healthy environment and the determined efforts of numerous environmental protection agencies have led over the years to the adoption of a large body of laws for the protection and preservation of the natural environment [1]
This awareness of the vital importance for humanity of a healthy environment and the determined efforts of numerous environmental protection agencies have led over the years to the adoption of a large body of laws for the protection and preservation of the natural environment. Concern for the environment and the codification of rules for its preservation first emerged at national level. It led to the adoption of abundant legislation for the protection of the environment as such or of its various components (such as water, air and forests). Many States also adopted constitutional rules protecting the natural environment. [2]
However, States and specialized agencies realized fairly rapidly that purely national environmental policies were inadequate in view of the magnitude and the transnational nature of many environmental problems, and that it was essential to adopt international rules. Environmental protection, or conservation, was therefore placed on the agenda of many institutions active in the field of international law. [3]
Their efforts have resulted in the adoption of a substantial and constantly growing body of rules, known as international environmental law. These rules cover a wide range of issues, including the prevention of environmental damage and the promotion of international cooperation in dealing with its effects [4]
The emphasis placed on environmental protection during the most recent work on the codification of international humanitarian law (IHL) was both a natural and a logical development. It was natural because the trends that shape the legal rules applicable in peacetime often influence the development of the law of war, and logical in view of the extremely serious environmental damage caused by certain methods and means of modern warfare. Section II of this article contains a summary of the major rules of IHL for the protection of the environment in wartime. [5]
Environmental protection, or conservation, was therefore placed on the agenda of many institutions active in the field of international law. Their efforts have resulted in the adoption of a substantial and constantly growing body of rules, known as international environmental law. These rules cover a wide range of issues, including the prevention of environmental damage and the promotion of international cooperation in dealing with its effects. [6]
Environmental damage in wartime is inevitable. Throughout history, war has always left its mark, sometimes extremely long lasting, on the natural environment. Today some battlefields of the First and Second World Wars, to give only two examples, remain unfit for cultivation or dangerous to the population because of the unexploded devices (especially mines) and projectiles still embedded in the soil. [7]
The rules of IHL for the protection of the environment therefore aim not to prevent damage altogether, but rather to limit it to a level deemed tolerable. Unfortunately, there is reason to fear that the use of particularly devastating means of warfare (whose effects are often still unknown) could wreak such large-scale destruction as to render illusory the protection afforded civilians under IHL. Indeed, severe environmental damage could seriously hamper or even prevent the implementation of provisions to protect the victims of armed conflict (the wounded, the sick, prisoners of war or civilians). For these reasons alone, respect for and compliance with the rules of IHL for the protection of the environment is crucial. [8]
The Agency is the organization within the UN family with statutory functions in radiation safety. Its Statute requires the Agency ‘to establish standards of safety for protection of health and minimization of danger to life and property[9]. In this context, the Agency is continuously working towards the construction of an international radiation safety regime, which includes legally binding conventions, a corpus of international standards, and provisions for their application. A hierarchy of safety standards exists in which: Safety Fundamentals present basic objectives, concepts and principles of safety and protection; Safety Requirements establish requirements that must be met to ensure safety, and Safety Guides recommend actions, conditions or procedures for meeting the safety requirements. The Agency also undertakes to provide for the application of these standards[10]
There is reasonable number of research about environmental law in Cameroon, with some focusing on specific domains such as land contamination, oil pollution, environmental assessment, the rights of indigenous peoples, payments for ecosystem services, deforestation, and land-grabbing. These scholarly writings have deepened our understanding of, among others, Cameroon’s legal framework of public participation in environmental decision-making including: the Law No. 98/015 of 14 July 1998 to regulate establishments classified as dangerous, unhygienic, and obnoxious; Law No. 99/013 of 22 July 1999 which provides for EIAs and monitoring tools for restricting the adverse effects of petroleum activities on humanity and the environment; Order No. 0069/MINEP of 8 March 2005 fixing the different categories of projects that require an environmental impact assessment; Decree No. 2005/0577/PM of 23 February 2005 which summarizes the procedures for the preparation of Environmental Impact Assessments; Decree No. 2008/064 of 4 February 2008 laying down the procedures for administering the National Fund for the Environment and Sustainable Development; and Decree 2013/0171/PM of 14 February 2013 laying down rules for conducting environmental and social impact studies. [11]
1.2 STATEMENT OF PROBLEM
While we cannot do away with natural hazards, we can eliminate those that we cause, minimise those that we exacerbate, and reduce our vulnerability to most. Doing this requires healthy and resilient communities and ecosystems. Disaster Risk Reduction is clearly part of a broader strategy of sustainable development – making communities socially, economically and ecologically sustainable [12]
The environment is made up of the earth, water, atmosphere and biosphere. We live within this natural environment and are an integral part of it. Our social and economic activities impact on the environment and can change the manner in which its components interact with each other. These changes can result in environmental degradation and contribute to an increase in the frequency and intensity of natural disasters and the vulnerability of the environment to them. One of the purposes of environmental protection is to minimise, or at least manage, the negative impacts we, humans, make on the environment. The role of environmental protection is highlighted in one of the principles of the “Yokohama Strategy and Plan of Action for a Safer World”. “Environmental protection as a component of sustainable development consistent with poverty alleviation is imperative with the prevention and mitigation of disasters [13]
Environmental protection requires the adaptation of indigenous skills and the learning of new ways to avoid increasing dependence on outside support. It illustrates the paradox that learning new methods and adapting old ways can be a key to securing the future of indigenous cultures. It is the efforts of communities under the guidance of their leaders and the input of dedicated and inspired individuals that have been most effective in using environmental protection measures to reduce the risk and consequences of disasters and to better coordinate relief activities.[14] In Africa, there are many examples of successful projects that include community participation and illustrate the benefits of environmental protection and disaster risk reduction. However the context of Cameroon is different as the laws are there, the agencies are there and Cameroon is a signatory to so many environmental protocols but still environmental degradation is constantly increasing in an alarming rate.
1.3 RESEARCH QUESTIONS
1.3.1 MAIN RESEARCH QUESTION
How is the environment in Cameroon protected?
1.3.2 SPECIFIC RESEARCH QUESTIONS
- What are the concepts of environmental protection?
- What is the legal institutional framework for the protection of the environment?
- How effective is the protection of the environment in Cameroon?
- What policies can be commentated?
1.4 RESEARCH OBJECTIVES
1.4.1 MAIN RESEARCH OBJECTIVE
To examine the effectiveness of the laws protecting the environment in Cameroon
1.4.2 SPECIFIC RESEARCH OBJECTIVES
- To find out the concepts of environmental protection
- To investigate the legal and institutional framework for the protection of the environment in Cameroon
- To examine the effectiveness of the protection of the environment in Cameroon
To appreciate the policies recommendation