Legal Protection of Land Rights of the Mbororo Community in Tadu: Are the Land Rights of Minority Settlers Adequately Secured under the Current Land Tenure Dispensation in Cameroon?
Keywords:
Potential, Conflict, National Land, Grazing, Indigenous, Mbororo, Pastoralism, Elites and Community.Abstract
Due to the prevalence of land disputes and potential conflicts on grazing lands, comprehensive knowledge of the local perspectives of land ownership, land rights and conflict is needed for effective programming and policy development on preventing land conflicts. This research focuses on a critical analysis on land legislations in Cameroon, especially on the protection of the rights of the indigenous peoples, factors and dynamics of issues surrounding land ownership, land rights and land conflict in Tadu, a locality found in Bui Division of the North West region of Cameroon. Both primary and secondary data on land tenure systems on the indigenous peoples’ rights to used and manage lands were exploited and critically analysed. This reveals a gradual and progressive nursing of a potential and very sensitive conflict on grazing lands in Tadu which if not managed with caution, may degenerate into chaos in the future. This has actually influence the choice of the position we have taken at the end of the research with key findings highlighted and explained, with recommendations on strategies that could be used to strengthen land rights and diminish disputes. It is important to note that the field reality reveals that there is multiplication of chieftaincy within the Mbororo communities whereby the Divisional Officers take advantage over the leadership tussle in the Mbororo community and appointed more Ardos. Also, the Mbororo people are ignorant on existing legislations on land in Cameroon and this makes them more vulnerable and the elitism in the community have all contributed to this imminent conflict. Therefore, it is as a result of the forgoing that this study proposes that a land reform in Cameroon which takes into account the rights of the Indigenous Peoples, vulgarisation on the existing texts in anticipation of the land reform and sensitization campaigns will obviously prevent potential land conflict of this nature.
References
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2. Tadu is a locality inhabited by both graziers and farmers, though the conflict is not a conventional type between farmers and graziers, but between graziers themselves. Therefore, Tadu is within Jakiri Sub Division and it is found on the high way linking two sub div isional headquarters which are: Oku Sub Division and Kumbo Central Sub Division in the North West Region of Cameroon.
3. The Ordinance No. 74 -1 of 6th July 1974, to establish rules governing land tenure, Ordinance No 74 -2 of 6th July 1974, to establish rules governing state lands and Ordinance No. 74 -3 of 6th July 1974 concerning the procedure governing expropriation for a public purpose and the terms and conditions of compensation.
4. See Decree No. 76/165 of 27th April 1976 to establish the conditions for obtai ning land certificates as amended by Decree No. 2005/481 of 16th December 2005 to amend and complement some provisions of Decree No. 76/165 of 27th April 1976. It can rightly be regarded as dealing with registration of title to land. The second Decree; Dec ree No. 76/166 of 27th of April 1976 to establish the terms and conditions for the management of national lands. The third Decree; Decree No. 76/167 of 27th of April 1976 to establish the terms and conditions for the management of the private property of t he state. The latter category of land and the private property of the state together make up state land defined in the second Ordinance of the 1974 Ordinances.
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6. The doctrine was propounded on the prelude that empty, unsettled or unpopulated land could be claimed by anyone (colonial powe rs) who would settle and develop it, that is, all vacant lands without masters were declared state lands.
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11. As of July 2019, the following 23 states have ratified ILO 169: Argentina, Boliva, Brazil, Central African Republic, Chile, Colombia, Costa Rica, Denmark, NJREL (2020) 61–77 © Law Journals 2020. All Rights Reserved Page 75 Dominica, Ecuador, Fiji, Guatemala, Honduras, Luxembourg, Mexico, Nepal, Netherlands, Nicaragua, Norway, Paraguay, Peru, Spain and Venezuela. Austria has ratified, but is yet to transmit its instrument of ratification to the ILO. The following states have submitted it to their national legislatures for ratificati on or are discussing ratification: The Philippines, Finland, El Salvador, Russian Federation, Panama, and Sri Lanka. Unfortunately, up to date Cameroon has not ratified it. The only African state that ratifies it so far is the Republic of Central Africa, on 30th August 2010.
12. See section 7(1) of International Labour Organisation Convention No.169.
13. Section 1(2) of the ICCPR.
14. Concluding observations of the Human Rights Committee: Canada. 07/04/99, at para. 8. UN Doc.
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16. Concluding observations of the Human Rights Committee: Mexico, UN Doc. CCPR/C/79/Add.109 (1999), para. 19; Concluding observations of the Human Rights Committee: Norway. UN Doc. CCPR/C/79/Add.112 (1999), paras. 10 and 17; and Concluding observations of the Human Rights Committee: Australia. 28/07/2000. CCPR/CO/69/AUS. (Concluding Observations/Comments), para. 8.
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18. Bernard Ominayak, Chief of the Lubicon Lake Band v. Canada, Report of the Human Rights Committee, 45 UN GAOR Supp. (No.43), UN Doc. A/45/40, vol. 2 (1990). See also, Kitok v. Sweden, Report of the Human Rig hts Committee, 43 UN GAOR Supp. (No.40) UN Doc. A/43/40; and I. Lansman et al. v. Finland (Communication No. 511/1992), CCPR/C/52/D/511/1992.
19. Concluding observations of the Human Rights Committee: Australia. 28/07/2000. CCPR/CO/69/AUS. (Concluding Observat ions/Comments), at paras. 10 and 11.
20. General Recommendation XXIII (51) concerning Indigenous Peoples Adopted at the Committee's 1235th meeting, on 18th August 1997. UN Doc. CERD/C/51/ Misc.13/Rev.4, at paras. 4 and 5.
21. Concluding Observations by the Committee on the Elimination of Racial Discrimination: Australia. /03/2000. CERD/C/56/Misc.42/rev.3. (Concluding Observations/Comments), at para. 9.
22. ILO 1988, 287. ILO No. 107 has been ratified by 27 states, many of them in Asia and Africa, including Brazil and India. A number of state -parties automatically denounced ILO No.107 upon ratification of ILO No. 169.
23. Article 14 (1), (2) & (3) of Ordinance N° 74-1 of 6th July 1974 to establish rules governing land tenure
24. Ibid, Article 15 (1) & (2)
25. Ibid Article 17(1), (2) & (3)
26. Ibid Article 16
27. Article 12 of Decree N° 76/166 of 27th April 1976, to establish the terms and conditions of management of national lands.
28. It is referred to as a special type of conflict because it differs from the conventional type of famers/graz iers. It is a conflict between the grazier themselves, though the perpetrators of the potential threats are non-Mbororo elites.
29. Respondents during interview at Mbockenghas, January 2018
30. Article 15(1) of Ordinance No. 74 -1 of 6th July 1974
31. The ordinance was issued in 1933 by D.C.E. Tovey Divisional Officer of Bamenda Division to settle the boundaries between Elachu (former name of Bandzah people also called Baforchu II); Mokwene (former name of Nkwen); Mbeli (Bambili) and Bamendankwe.
32. Section 15(1) of Ordina nce No. 74 -1 of 6th July 1974
33. Christopher F. (August 13, 2014) Archdiocese demolishes house of UN Peacekeeper p.2 available at htt/www (accessed on 05/09/2017)
34. Ibid P. 7 NJREL (2020) 61–77 © Law Journals 2020. All Rights Reserved Page 76
35. The Catholic Archdiocese of Bamenda was granted the land by Arreté No 0009447/K.6.1/MINDCAFF/D1/D13 of 2nd September 2011. It was granted on aMbororo occupied and developed land called Mamada Estates to build the CATUC, worth FCFA 55 billion. By this Arreté, the Catholic Archdiocese of Bamenda was granted 46 hectares of land but t hey went and seized 72 hectares of ancestral land of the indigenous Mbororo people.
36. Liengu A. (10th April 2014 edition) Cameroon Tribune p.19 available at www.cameroon-tribune.cm (accessed on the 04/09/2017)
37. The matter was filed with Suit No CFIBA/15CM/2013
38. Centre for Minority Rights Development Kenya and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, No. 276/03, African Commission on Human and Peoples’ Rights(Feb. 4, 2010) “The Complainants state tha t the Endorois are a community of approximately 60,000 people who, for centuries, have lived in the Lake Bogoria area. They claim that prior to the dispossession of Endorois land through the creation of the Lake Hannington Game Reserve in 1973, and a subsequent re -gazetting of the Lake Bogoria Game Reserve in 1978 by the Government of Kenya, the Endorois had established, and for centuries, practised a sustainable way of life which was inextricably linked to their ancestral land”, available at https://www.es cr-net.org/ caselaw/2010/centre-minority-rights- development-kenya-and-minority-rights- group-international-behalf (accessed on the 09/09/2019)
39. Endorois, No. 276/03, African Commission on Human and Peoples’ Rights, The Complainants further allege that concessions for ruby mining on Endorois traditional land were granted in 2002 to a private company. This included the construction of a road in order to facilitate access for heavy mining machinery. The Complainants claim that these activities incur a high risk of polluting the waterways used by the Endorois community, both for their own personal consumption and for use by their livestock.
40. Ibid, the Complainants argue that the Endorois, as an indigenous group whose religion is intimately tied to the land, require special protection. Lake Bogoria, they argue, is of fundamental religious significance to all Endorois. The religious sites of the Endorois people are situated around the lake, where the Endorois pray, and religious ceremonies are regu larly connected with the Lake. Ancestors are buried near the lake, and as stated above, they claim that Lake Bogoria is considered the spiritual home of all Endorois, living and dead. The lake, the Complainants argue, is therefore essential to the religious practices and beliefs of the Endorois.
41. Ibid, Compensation for the value of the land lost, together with revenue and employment opportunities from the game reserve, were promised by the Kenyan authorities, but these have never been received by the community.
42. The following sections of the African Charter were violated by the Kenyan Government 8, 14, 17, 21 and 22.
43. The recommendations issued by the African Commission on Human and Peoples’ Rights against Kenyan Government.
44. Reveal out by participants during f ocus group discussion, January 2018 in Tadu,
45. Hajara H. (2006) Report on Indigenous Peoples and Protected Areas in Cameroon and the Central African Region, p. 2. available at http//www.ffla.net/57 -report- on-indigenous-peoples and protected persons (accessed on 27/09/2017)
46. The work of the commission consisted of interviews of parties and their witnesses, field visits to the area of dispute and working session with administrative authorities. Even though the members of the commission carried out the exer cise as NJREL (2020) 61–77 © Law Journals 2020. All Rights Reserved Page 77 a team, during deliberation, they failed to arrive at consensus on the nitty -gritty of their investigation as circumscribed by the terms of reference of their mission. This accounts for submission of two separate reports, one singed by the chairman Magistrate Leonard Jani alone (minority report) and the other by members of the commission (majority report).Nevertheless, an appraisal of the two reports, reveals a general concordance of views on the problems identified as well as the solutions recommen ded thereto.
47. This is the defunct electricity supply company which supplied light in the country. Today it has been replaced by Energy of Cameroon (ENEO Cameroon SA), on the 12th December 2014.
48. Loc. Cit Cite this Article Akama Samuel Penda, Adamu Yusufa. Mbororo Community in Tadu: Are the Land Rights of Minority Settlers Adequately Secured under the Current Land Tenure Dispensation in Cameroon? . 2020; 3(1): 61–77p.
