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THE ROLE OF CUSTOMARY LAWS IN THE MANAGEMENT OF THE LAIKOM SACRED FOREST IN FUNDONG SUB-DIVISION, NORTH WEST REGION OF CAMEROON

Project Details

Department
LAW
Project ID
LL510
Price5
25000XAF
International: $20
No of pages
69
Instruments/method
QUALITATIVE
Reference
DOCTRINAL
Analytical tool
YES
Format
 MS word & PDF
Chapters
1-5

2

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INTRODUCTION

The background to the study

The conservation of sacred forests, revered for their ecological and cultural significance is a pressing global concern that necessitates a deeper understanding of the role of customary laws and traditional institutions in their management. Sacred forests are vital ecosystems that harbor rich biodiversity, cultural, and spiritual significance for indigenous and local communities worldwide (Tamanaha, 2019; Kuemmerle, 2020). These ecosystems provide essential ecosystem services, including carbon sequestration, soil conservation, water regulation, and support the livelihoods of local communities (Kumar et al., 2015). These forests are often considered sacred due to their association with ancestral spirits, deities, or other supernatural beings (Berkes, 2018). As such, they are frequently protected and managed through customary laws and traditional institutions, which regulate human behavior and maintain the integrity these ecosystems (Agrawal, 2015; Otengye et al., 2019). Research has highlighted the crucial role of sacred forests in maintaining biodiversity, supporting traditional livelihoods and fostering resilience (Benda-Bechmann et al., 2019, Nwabueze & Kuemmerle, 2020).

 The importance of sacred forests is recognized globally, with international organizations acknowledging their role in achieving sustainable development goals (UNESCO, 2019; IUCN, 2020). However, the effectiveness of customary laws in managing sacred forests is threatened by various factors, including; deforestation, fragmentation, encroachment and conversion, climate change, grazing, over-exploitation, lack of recognition and protection by the state and bushfires (Agrawal, 2015, Berkes, 2018, Bhattacharya et al., 2020). In response, there is a growing recognition of the importance of customary laws and traditional institutions in protecting sacred forests and promoting sustainable development (IUCN, 2020). The Convention on Biological Diversity (CBD, 2014) acknowledges the pivotal role of indigenous and local communities as guardians of biodiversity and stresses the importance of respecting and incorporating their traditional knowledge and customary practices into forest management strategies. It underscores the significance of customary laws in forest conservation and sustainable utilization. In the United States, the Native American Rights Fund has highlighted the importance of recognizing customary laws in managing sacred forests, citing the need for “cultural and spiritual preservation” (NARF, 2020). In Europe, the European Court of Human Rights has recognized the rights of indigenous peoples to practice their traditional way of life, including the management of sacred forests, under Article 8 of the European Convention on Human Rights (ECHR, 2019). These developments demonstrate a growing recognition of the importance of customary laws in managing sacred forests in developed countries, and highlight the need for greater support and recognition of indigenous customary laws in conservation efforts (Kuemmerle, 2020)

 In developing countries, including Asia, Latin America, customary laws are increasingly recognized as essential tool for the management of sacred forests, with a focus on conserving biodiversity and regulating access to forest resources (Khan et al., 2018). For instance, in India and Brazil, sacred forests are managed through customary laws that recognize the rights of local communities to manage and conserve forest resources, resulting in high levels of biodiversity conservation (Khan et al., 2018. Oliveira et al., 2017).

In African, including; Kenya, Ghana, Sudan, Nigeria Malawi, and others., sacred forests hold deep cultural and spiritual significance which often served as sacred spaces for various cultural functions and practices such as; symbolic importance which may symbolize mystery, hidden knowledge, and other worldly realms which can be associated with mythical creatures, sacred spirits, or ancestral beings where prayers, meditation, initiation ceremonies, rituals or pilgrimages destinations are often performed (Yan, 2015). In African indigenous communities, sacred forests are protected by strict customary laws and taboos which facilitate the protection of endangered species and traditional livelihoods (Disi, 2017, Mandala 2018). For instance, in the Mijikenda community of Kenya, it is believed that cutting down trees or harvesting resources from sacred forests without permission from the community elder can bring misfortune and bad luck (Ondicho, 2014). In Ghana, traditional institutions have established sacred groves that are home to a diverse range of woody flora, including threatened species like the African Mahogany (Khaya grandifoliola), Baobab tree (Adansonia digitata), and African Teak (Pericopsis elata (Agyare et al., 2018).

In Cameroon, customary laws have been used in protecting the biodiversity of woody flora in sacred forests (Tchikouo et al., 2017). The effectiveness of customary laws in managing sacred forests in Cameroon has maintained high levels of biodiversity despite being surrounded by degraded landscapes like the case of the southern parts of the country have higher levels of trees species diversity and density compared to non-sacred forests in the region (Ngueguim et al., 2018). Local communities oversee the preservation of these forests, with restricted access to maintain ecological balance (Awoumou et al., 2019). The Cameroonian constitution acknowledges the significance of traditional laws in natural resource management, including forests. Customary land ownership systems are recognized and upheld, granting local communities authority over their lands, including sacred forests, and empowering them to dictate resource usage and conservation efforts (Edie, 2018). The recognition and protection of sacred sites through customary laws in Cameroon allow local communities to safeguard these culturally and spiritually significant areas, contributing not only to biodiversity conservation but also to the preservation of cultural heritage (Ndoye et al., 2014).

In the Northwest Region of Cameroon, particularly in the Fundong subdivision, traditional laws prioritize conservation and sustainability. These laws establish regulations governing the extraction of resources from sacred forests, including timber and non-timber forest products (Njukang and Grainger 2011). Local communities in the Fundong subdivision consider sacred forests as hallowed spaces, often designated as protected areas with restricted human activities (Fonjong et al., 2017). Customary laws dictate that only selected individuals, such as traditional leaders and their chosen representatives can access and oversee these sacred forests during specific seasons. Methods for resource collection in sacred forests are specified by customary laws to ensure regeneration and long-term availability. Violations of these laws may result in social sanctions or penalties imposed by traditional authorities known as the ‘kwifon’ (Nkwi et al., 2013). These regulations prioritize community needs and interests while safeguarding sacred forests for future generations. Sacred forests have a specific status and have been protected for decades by local population, mainly for their spiritual value. In most parts of Kom, sacred forests are the only observable forests because they are the last remaining forests. Therefore, sacred forests have strong ecological benefits for the people and the country and notably, they shelter threatened species and constitute the last habitat for many plants and animals. They have a fundamental role of microclimate regulation. Therefore, conservation is necessary to preserve the socio-cultural and economic value of the forests.

Problem Statement

Sacred forests represent a longstanding tradition of conserving specific land areas with cultural and often religious significance. These forests serve as vital sanctuaries for preserving biological diversity, including medicinal plants, within highly human-influenced landscapes. The Laikom Sacred Forest in Fundong subdivision is a vital ecosystem that has been protected by customary laws for generations, however, despite its cultural and ecological significance, the forest faces numerous threats, including deforestation, bushfire, grazing, habitat fragmentation, and degradation. The effectiveness of customary laws in managing the forest is compromised by inadequate enforcement, lack of clarity, and conflicting interests among stakeholders (Bhattacharya et al., 2020). Furthermore, the increasing pressure from modernization, urbanization, and commercialization has led to the erosion of traditional norms and practices, exacerbating the forest’s vulnerability (Kuemmerle, 2020).

The conservation of sacred forests like Laikom is crucial for maintaining biodiversity, ecosystem services, and cultural heritage (Agrawal, 2019). However, the management of these forests is complex and requires a deep understanding of the interplay between customary laws, traditional practices, and modern conservation approaches (Njukang & Grainger, 2011). The lack of integration between these approaches can lead to conflicts and disputes among local communities, authorities, and stakeholders involved in forest management (Tchikouo et al., 2017).

Therefore, this study aims to investigate the role of customary laws in the management of Laikom Sacred Forest, exploring their efficacy, limitations, and potential for integration with modern conservation approaches to ensure the forest’s sustainability (Kuemmerle, 2020). Specifically, the study will examine the historical and cultural context of customary laws in the region, the impact of modernization and urbanization on traditional practices, and the potential for collaborative management approaches that balance customary laws with modern conservation principles.

RESEARCH QUESTIONS

Main research question

  • What is the current biodiversity status of woody flora within the Laikom sacred forest and what factors are influencing their diversity and distribution?

Specific Research Questions

  1. What is the current biodiversity status of woody flora within the Laikom sacred forests and what factors are influencing their diversity and distribution?
  2. What are the customary laws and taboos involved in the management of sacred forests and how do the traditional institutions contribute to the preservation and sustainable management of sacred forests through the enforcement of customary laws?

OBJECTIVES OF THE STUDY

Main objective

  • To assess the floristic composition, species diversity and status of woody flora in the Laikom Sacred Forest as well as the factors influencing their diversity and distribution

Specific objectives

  1. To determine biodiversity status of woody flora in Laikom Sacred Forest
  2. To identify customary laws, traditional institutions, taboos and penalties of non-compliance involved in the management of Laikom Sacred Forest
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