English French Spanish
EN FR ES

Cameroon : Data

2010

Themes

Transparency norms

Cameroon Government has foreseen several mechanisms to guarantee transparency in public institutions. The most important is the 1996 Constitution of the Country which indirectly secures transparency by referring to International and Regional conventions like the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR) stating that everyone has the right to information. Apart from the constitution, there exist national laws of various sectors with reference to transparency. However these provisions are never entirely followed while the implementation decrees and transparency norms are most of the time ignored or violated. In July 2010, two laws were voted by the Parliament, one on the fight against cyber-criminality and promotion of cyber-security, and another one on E-communication. These two laws contain anti-transparency provisions and will slow down information flow and encourage repression of information holders (sections 24 and 78§1).

Cameroon has also joined the GLIN initiative (Global Legal Information Network) which is a public database of official texts of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations. The GLIN members contribute the full texts of their published documents to the database in their original languages. The Cameroon GLIN database is still widely incomplete.

 Read more...

Legal standing

There are several legal provisions allowing groups of ordinary citizens to be organised in legal entities such as associations, common initiative groups, cooperatives, NGOs... These communities or entities may have legal standing in case (1) of land right issues when they have a collective land title as stipulated in ordinance no 74-1 of 06 July 1974 on Land issues or (2) on other issues (forest and wildlife management, agricultural activities, health care, economic activities...) if they are recognized as legal bodies. In these two cases, their legal standing only applies to the specific purpose for which they are established.  Read more...

Forest legal framework

Cameroon is endowed with a rich set of legal texts governing forests and wildlife. Besides the two main core texts (forest policy document and forest law), there exist a vast array of decrees, ordinances and (joint) orders seldom updated or amended on an irregular basis of time space. Though some of these texts are published in both languages in the official gazette (Forestry Law) and government national newspapers (decrees), most of them are often written only in French and do not reach grassroots and local communities.  Read more...

Transparent access to decision-making

There are no legal and written mechanisms of civil society participation in forest decision making in Cameroon. After many years of reluctance, the government starts to show a progressive openness for consulting civil society organisations. In fact, an investigation carried out by Djontu (2009) revealed that 64% of drafted policies and programmes failed because of non-implication of local communities and CSO. However, with the advent of multiparty politics and the shift from government to governance, there is more and more involvement of civil society organisations (CSO) in decision making though this is not formalised. In fact, CSOs are taken more proactive roles in policy formulation in Cameroon as witnessed in VPA negotiations and ongoing forest policy reform. CSOs are also represented in important committees such as the steering committee of IFM and the validation committee of simple management plans of community forests. However, there is still a long way to go especially in the elaboration of a legal framework of participation. Moreover, CSOs lack organisational and bargaining capacities to influence forest policy issues.  Read more...

Tenure and land use

All Cameroon’s forests are under clear ownership. The forest zoning plan of Southern Cameroon has divided forest into different types and the forest law has distributed forest amongst State, communities, municipalities and privates persons. This is contradictory to customary laws which deserve all forest land to local communities.  Read more...

Allocation of permits / user rights

In theory, when one looks at the current mechanism of permits attribution in Cameroon, one can conclude that to some extent, it is transparent. In fact you have two categories of titles in Cameroon: those granted by auctions (Forest concessions and Sale of standing volumes) and those granted by mutual agreements (Timber Recuperation Permit), title for special products, personal title…).
For the first categories of titles, the process is quite transparent. In fact, areas to be opened for logging are delimited, a call of tender is advertised, technical and financial offers are scrutinized and forests are attributed to highest bidders. There is also an Independent Observer monitoring and reporting on the attribution process. In practice, forests are not always given to best offers and complicity has sometimes been suspected between the Independent Observer and the Ministry in accepting breaches of the regulations on transparency and accountability in the allocation process. As one high ranking forest officer put it: “forests are attributed to those we want to”. In fact, the first rounds of allocation in 1998-1999 illustrated the limitations of the transparency of the process, with some companies receiving the concessions or sales of standing volumes without deserving them.
For the second category of permits, it is attributed either by the minister in charge of forests or by an inter-ministerial commission. This category is also highly associated with illegal logging and there are ongoing advocacy activities to ban these titles.  Read more...

Logging operations

When permits are issued, operators are supposed to inform local populations through information meetings during which they present their future activities and all governmental documents and maps of allocated areas. Citizens are also informed about subsequent logging operations in the EIA consultation process when the operator presents his project and possible impacts on the environment. Some other important activities like the delimitation of the forest area and the elaboration of forest management plans are done with help of local communities.  Read more...

Extraction of other forest products

Generally, the extraction of other of forest products and individual hunting permits are less publicized and advertised than timber related permits. Permits are issued at the Ministry level and holders proceed directly on the field, inform the local MINFOF officers and harvest products or hunt animals. This is particularly due to lack of a specific legal framework on NTFPs and implementing decrees. However, with the ongoing forest policy reform, FAO and MINFOF are working together to endow the country with such regulations.  Read more...

Environmental services

Environmental services include payments for biodiversity conservation, carbon sequestration, water and watershed protection and landscape beauty. None of these permits exists in the forest or environmental law. But, with current debates on Payments for Environmental Services (PES), forthcoming forest law should include such services. However, there are private initiatives of carbon storage within the frame of Clean Development Mechanisms (CDM) and REDD. The company HYSACAM has a project of capturing methane emitted in its garbage dumping site of Nkolfoulou, CED is piloting a project of Carbone sequestration in community forests around Lomie (Nomedjoh, Koleyeng...), The local NGO CWCS has a project on improved dry fish stoves in Mouanko area...  Read more...

Cultural services

In Cameroon, permits for tourism and ecotourism activities are issued by the Ministry of Tourism, and therefore does not fall under the authority of MINFOF. The Law No 98/006 of 4th April 1998 on tourism activities foresees three different categories of permits: agreements (Article 9§1), licences (Article 9§2) and authorisations of exploitation (Article 10). Normally, local populations are aware of their existence and they know where to apply for them in case of necessity.  Read more...

Extra-sectoral activities affecting forests

Nowadays, forest management activities are overlapping with big development projects (roads construction, Lom Pangar and Menve’le hydroelectric power plants, plans of a deep seaport in Kribi...), agricultural extension and other natural resources exploitations (iron, oil, gold, diamond...). Usually, decisions about these activities are not transparent. For instance, allocation processes of land for mining or agricultural extension are not transparent. Local populations are most of the time informed when the deal is already concluded between the State and the beneficiary. This is the case of the extension of HEVECAM in the Kribi region and the creation of 80,000 ha palm oil plantation in Ndian division where populations are not officially informed. But for roads constructions, local communities are most of the time consulted and compensations are given to those affected by the project (Yaounde-Nsoa national road). Concerning large infrastructure projects the information about their planning is often publicly known, but not the detailed plans. All those projects are normally subjected to the preparation of an environmental impact assessment, prior to the beginning of their activities, except for mining operations, where the EIA is due after the exploration phase, before the beginning of exploitation.  Read more...

Fiscal regime: tax collection and redistribution

Section 68 (2) of the Forest Law states “For the development of neighbouring communities of forests under exploitation, part of the proceeds from the sale of forest products shall be reserved for the said communities under conditions laid down by decree”. The sharing mechanism of these incomes generated by forests in Cameroon is well-defined in legal provisions which have been recently updated. However, the implementation of these texts has not been effective due to vested interests of small groups and traffic of influence from bigwigs of the current political regime. Most of the time local populations receive only part of their share and there is no accounting and accountability to verify due amounts.  Read more...

Forest law enforcement

Most of the time, citizens act as observers or watch dogs secretly denouncing illegal forest activities especially in the case of poaching where offenders are caught and sentenced. In the case of activities in the forest sector, information are provided to officials in MINFOF and sometimes to the Independent Observer or local NGOs such as CED who may bring a case to court and sue for compensations. There is no formal procedure for denunciation, and communities refer to cases where denunciation did not lead to any formal investigation or sanction. It has also happened that information on illegal activities is provided to the Independent Observer by MINFOF. Also, local communities are involved in law enforcement (control of illegal activities) through forest-farmers committees created by decision No 135/D/MINEF/CAB of 26th November 1999.  Read more...

'Anti-transparency' norms

In general, there are not specific parts of laws or procedure impeding or precluding transparency. But most provisions aimed at transparency and information diffusion are not implemented. This has been the case for instance with the implementation of article 66 of the Constitution which obliges people with a public position to draw up a list of their assets to be made public – to this day, this has been inadequately enforced. Likewise, conventions on information diffusion disclosure such the Aarhus convention is not signed and ratified by the country.  Read more...

Publications

Forest authority is making great efforts of publication though there is still a long way to go. The Ministry produces a gazette “feuille verte” which reports on all important events or activities carried out. Some statistics are also provided in this magazine. The Ministry has a website www.minfof-cm.gov which is regularly updated and contains key decisions and documents. However, it has no system in place for disseminating information in local areas or responding to requests about access to information.  Read more...

Hosted by
Global Witness DAR CIKOD CED SDI Grupo Faro Ut'z Che RRN
All country specific pages on the website are independently managed by the relevant organisation from that country. Disclaimer