Community Management Groups as an Effective Legal Paradigm for Local Level Participation in the Management, Conservation and Wise Use of Wetlands: Case Study of Cameroon
Keywords:
Appropriate Cameroon, communities, conservation, effective, groups, legislative, local, institutional, management, paradigm participation, policies, tools, use, wetlands, and wiseAbstract
Most natural resources and ecosystems such as wetlands are witnessing accelerated degradation in Cameroon with similar trends in other countries across the world. Some of them are threatened despite the fact that they are vital to the daily life of the population especially rural communities, who have relied on them for as old as human existence itself. Just like in other countries, planning for the management, conservation and wise use of wetlands (MCWUWs) in Cameroon is hampered by an inappropriate and inadequate legal framework due to insufficient political commitment by the Government to put in place appropriate policy, legislative and institutional frameworks, compounded by a low level of awareness by the population of their importance. This paper focuses on community management groups (CMGs) as an effective legal paradigm for local level participation in the MCWUWs. In underscoring the need for a legal paradigm shift in the MCWUWs, the principal objective of this paper is to demonstrate that CMGs can be an effective legal tool for local level participation in the MCWUWs. Focusing on Cameroon, the paper makes a content analysis of relevant policies, legislations and bench research, including on the spot observations and intuition in assessing the role of CMGs as an effective legal paradigm for local level participation in the MCWUWs. The paper concludes that the degradation and disappearance of wetlands is due to an inappropriate and inadequate legal framework owing to insufficient political commitment by Governments to design appropriate policy, legislative and institutional frameworks for their management, conservation and wise use, compounded by a low level of awareness by the population of their value; and that CMGs can be an effective legal model for local level participation in the MCWUWs. These legal lacunae and the low level of societal awareness of the importance of wetlands require the need for Governments to initiate necessary policy, legislative and institutional frameworks that recognise the crucial role local communities through CMGs can play in the MCWUWs.
References
1. Adopted in Ramsar, Iran, in 1971 and put in force in 1975, as amended in 1982 and 1987, ratified by Cameroon on January 13, 2006.
2. See article 1.
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11. Tamasang C.F., (2014), op. cit., p. 30.
12. See the preamble of the Ramsar Convention on Wetlands of International Importance especially Waterfowl Habitat, 1971 as amended in 1982 and 1987.
13. Tamasang C.F., (2014), op. cit., p. 30.
14. See the Convention on Migratory Species of Wild Animals (CMS), also known as the Bonn Convention, adopted in 1979 and and ratified by Cameroon on 01 November 1983.
15. See the United Nations Convention Concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference at its seventeenth session Paris, 16 November 1972. Ratified by Cameroon on 07 December 1982.
16. Convention on Biological Diversity, June 5, 1992 , 1760 U.N.T.S. 79 (entered into force Dec. 29, 1993). Ratified by Camerooon on on 29 August 1994.
17. See the Abidjan Convention relating to cooperation in the domain of protection and valorization of marine and coastal zones of West and Central Africa, 1981, ratified by Cameroon on 01 March 1983.
18. Tamasang C.F., (2014), op. cit., p. 30.
19. Cameroon has 7 designated Ramsar sites coming after Congo with 10 and Gabon with 9. See Tamasang C.F., (2014), op. cit., pp. 31 -32. Some are underway for their inclusion.
20. Kang A., op. cit., p. 3. See also Kwame S.A., op. cit., p. 10.
21. A survey of people in some of the wetland areas in Cameroon found mixed feelings about wetlands. In one area, some people felt that wetlands should be used for cattle grazing while others felt that wetlands were not very useful except for the provision of materials for thatching and making crafts. Some felt that wetlands are communal areas which should not be monopolised by a few individuals while in other areas, some prefer to reclaim wetlands to gr ow crops; they consider wetlands as wastelands which could be put to better use especially for agriculture. Wetlands are considered by most communities as breeding grounds for mosquitoes and other harmful insects and diseases, dangerous and unhealthy place s. In fact, people viewed wetlands as “wastelands” which can be converted for other economic gains. See Jianwe C., “Ramsar Convention and Wetland Conservation in China”, Area Studies - China: Regional Sustainable Development Review – Vol. III, Encyclopedia of Life Support Systems (EOLSS), p. 2; Mafabi P., “Policy development for wetland management”, National Wetlands Conservation and Management Programme, Kampala, p. 140. Few people in these areas acknowledged that wetlands played a vital role in groundwate r regulation. Environmentalists hold the strong opinion that wetlands should be conserved and protected by law.
22. A cross section of the public.
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25. Wise use of wetlands is the maintenance of the ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development.
26. Brels S., Coates D. & Loures F., op. cit., p. 4.
27. See Principle 22 of Rio Declarati on on Environment and Development, Rio de Janeiro, 14 June 1992, arrived at during the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, June 3-14, 1992.
28. See the Declaration of the United Nations Conference on the Human En vironment Stockholm, 16 June 1972.
29. See Shrestha U., (2011), “Community Participation in Wetland Conservation in Nepal”, Journal of Agriculture and Environment Vol. 12, Review Paper, pp. 140.
30. See Rio Declaration on Environment and Development, Rio de Janeir o, 14 June 1992, arrived at during the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, June 3-14, 1992.
31. Hard law instruments consist of Conventions, Protocol, Covenants, Charters, Pacts, Constitutive Instruments, Final Acts, etc. See Tamasang C.F., (2014), “Constructing Synergies for the Conservation and Wise Use of Wetlands in the Central African Sub -region: Legal and Institutional Pathways”, Revue Africaine de Droit Public (RADP), Vol. III No 05, Les Éditions Le kilimandjaro, p. 29.
32. Soft law instruments consist of: Declarations, Resolutions, Recommendations, Directives, Statements, Guidelines, Stipulations, Targets, Plans, Memorandum of Understanding, etc. This plethora of public, private, and public - private initiatives at various levels of governance interact with each other. Such International environmental “soft law” or “Voluntary” standards have persuasive authority and may harden into binding requirements in the future. See ibid.
33. Article 3 (1).
34. Article 4 (1).
35. Article 4 (2).
36. Article 4 (3) and (5).
37. Whereas national wetlands are those circumscribed within the territory of one state, transboundary wetlands are those that cross international borders or are located on boundaries between two or more states. In this respect, the Lake Chad Basin Commission (members include: Cameroon, Nigeria, Chad and Niger) has been created to ensure the sustainable management of the lake.
38. Article 5 (1).
39. See the United Nations Convention Concerning the Protection of the World Cultural and Natu ral Heritage adopted by the General Conference at its seventeenth session Paris, 16 November 1972.
40. Egute T.O., Albrecht E. &Ajonina S.A., (2014), “The Legal Protection of Biodiversity in Cameroon”, Journal of Environment and Human, ISSN (Online): 2373-8332, p. 3.
41. See the preamble of the Convention.
42. Convention concerning Indigenous and Tribal Peoples in Independent Countries (No. 169), 1989 (Entry into force: 05 Sep 1991).
43. The Abidjan Convention and the Action Plan were adopted by the Governments in 1981; the Convention entered into force in 1984. The Convention countries are: Angola, Benin, Cameroon, Cape Verde, Congo, Cote d'Ivoire, Democratic Republic of Congo, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea, Guinea - Bissau, Liberia, Mauritania, Namibia, Nigeria, Sao Tome and Principe, Senegal, Sierra Leone and Togo. Cameroon ratified the Convention on 1 March 1983.
44. See http://abidjanconvention.org /index.php?option=com_content&view=ar ticle&id=90&Itemid=189&lang=en.
45. The Central African Forests Com mission established by the Treaty on the Conservation and Sustainable Management of Forest Ecosystems in Central Africa, 2005. COMIFAC is the Central African regional body in charge of forests and environmental policy, coordination and harmonisation, with the objective to promote the conservation and sustainable management of the Congo Basin’s forest ecosystems.
46. The Convergence Plan for the NJEL (2018) 1-19 © Law Journals 2018. All Rights Reserved Page 19 Conservation and Sustainable Management of Forest Ecosystems in Central Africa, February 2005, revised and adopted in July 2014.
47. The Lake Chad Basin Commission was created in 1964 by the four countries bordering Lake Chad: Cameroon, Chad, Niger and Nigeria. The Republic of Central Africa joined the organization in 1996, Libya was admitted in 2008. Observer status is held by Sudan admitted, Egypt, the Republic of Congo and the Democratic Republic of Congo. The aims of the commission are to regulate and control the use of water and other natural resources in the basin and to initiate, promote, and coordinate natural resource development projects and research. See https://en.wikipedia.org/wiki/Lake_Chad_ Basin_Commission
48. Pactasuntservanda is a Latin expression which means agreements must be kept. It is a principle in international law which says international treaties should be upheld by all the signatories. The rule is based upon the principle of good faith. The basis of good faith indica tes that a party to a treaty cannot invoke provisions of its domestic law as a justification for a failure to perform. Known as the umbrella clause, pactasuntservanda is a principle found in many international treaties and conventions that requires each co ntracting state to observe all obligations it has assumed with respect to subject matter. The principle could further be explained to mean the duty of every state to conscientiously and completely fulfil its international obligations. In modern times the principle has been incorporated in the UN Charter and numerous international documents. For example, the Preamble and Article 2 of the UN Charter emphasise the duty of states to respect and carry out obligations arising from agreements and other sources of international law. The principle was legally established in the Vienna Convention of the Law of Treaties, which proclaimed that “every existing agreement is compulsory for its participants and must be conscientiously carried out by them.” Failure to observ e the principle is considered a breach.
49. See article 45 of Law No. 96 -06 of 18 January 1996 to amend the Constitution of 2 June 1972 which provides that duly approved or ratified treaties and international agreements shall, following their publication, over ride national laws, provided the other party implements the said treaty or agreement.
50. See Law No. 96/12 of August 05, 1996 relating to Environmental Management.
51. Republic of Cameroon, 2012, “National Biodiversity Strategy and Action Plan”, Version II, p. 44.
52. See Law No. 98/005/ of 14th April 1998, laying down regulations for water resources management.
53. See article 1.
54. https://theredddesk.org/countries/plans/nat ional-plan-environmental-management- cameroon.
55. Republic of Cameroon, 2012, “National Biodiversity Str ategy and Action Plan”, Version II, p. 42.
56. Ibid., p. 43.
57. Ibid., p. 44.
58. See Nile Basin Initiative, op. cit., p. 3.
59. Ibid., p. 5. Cite this Article Nah Anthony Tetinwe . Community Management Groups as an Effective Legal Paradigm for Local Level Participation in the Management, Conservation and Wise Use of Wetlands: Case Study of Cameroon. National Journal of Environmental Law. 2018; 1(2): 1–19p.
