CHAPTER ONE

GENERAL INTRODUCTION

1.0 Background of Study

The issue of Land governance has become a major preoccupation in the World today. The global development drive has generated much pressure on land as there is increasing need for the extension of urban areas, exploitation of natural resources, the multiplication of development projects (water and energy) and the expansion of agriculture (UN – HABITANT,2004).

This pressure on land has resulted in challenges patterning to people in connection to their land and ownership rights. These land-pressured occurrences have strained the rules, procedures and institutions to decide which land resources are to be utilized, who to utilize them and under what conditions (Transparency International, 2011). Land system are increasingly being affected by change in global governance and revitalization of land right. For instance, global food demand and biofuel is one of the visible revitalizations of land over the past years, giving rise to large scale land acquisition by state and investors (Anseeuw and al., 2012; White and al, 2012).

This land acquisition has changed the governance system at the international, national and local levels. Consequently, change in land system has led to forest conservation to mitigate global climate since concern over land related issues like carbon emission affect humankind (Sikor and Stahl, 2011). The European Union and United State are seeking to regulate global timber production trough trade related measure which complements classic territorial form of land governance like designation of protected areas, regulation of landuse and planning (Sikor and Muller, 2009).

Consequently, effective land governance depends on the capacity building and financial provision of authorities in charge of land affaires as well as socio political conditions. That is, the political will and commitment to respect the rule of law that will go a long way to prevent rapid change in landuse which is associated with economic development, climate change, Urbanization and the need to feed the growing population.

In many countries, poor urban expansion lead to poverty, slum, urban sprawl, lack of clarity on land right and conflict over land. This reveals a deficit in land management. In Africa, access to land and other natural resources is very vital for subsistence. Land in Africa is very important for food production, provides space for shelter, essential for socio -economic development and is fundamental in cultural beliefs and practices.

For this reason, since the 1990s till date, agendas for development policies in Africa have highlighted land reforms. The African Union and other international development agencies, recognizing the importance of land reform have embarked on research and forums to discuss land policy. Central to these discourse on land are the questions on access, regulation of land (Kojo, 2012).

Land play its primary role in national and regional development in Africa, attention will need to be focused, on the state of land administration systems. Which take into consideration the state of land rights, delivery, efficiency and effectiveness of the laws, structures and institutions for land governance? Land is a free gift of nature.

Land governance refers to the rules, process and structures through which decision are made about access to land and it use, the manner in which the decision is implemented, enforced and the way that competing interest in land are managed (FAO/UN-Habitat,2009). It deals with the way decision are implemented and enforced to managed land. It involves traditional authorities, ministry of land and survey, town planning and housing, government officials like senior divisional officer (SDO), divisional officer (DO), land agencies, court in resolving land dispute.

Cameroon’s law classifies land as private and public. Private land is obtained by individual through purchased with legal document like land title and certificate duly registered, heritage leasing and rent. This land can be used for agricultural purpose to cultivate crop and animal grazing for food production and ensure food security and urbanization. Land can also be used for recreational purpose that provides a place for relaxation because of its natural features like lake and forest amongst others. Land can as well be used for residential, commercial and transportation.

When the policies guiding land, governance are not well implemented and respected, it becomes a problem to society. In 1974, Cameroon enacted a national legislation governing land and other natural resource with the drive to encourage investment in land, water and forest. This law supports private property right and require privately owned land to be tittle and registered. All untitled, unregistered land is considered as public land.

According to the Ministry of state property and Land Tenure (MINDAF) which is the leading actor in land sector where most of its objective are focused on state land, land allocation, land development and survey, less than 2% of Cameroon land was registered by early 2000s. (Anne-Gaelle, 2013). It is still evident that most land in rural and urban areas is still informally administered through local tenure systems. This informal land administration is sometimes inconsistent and at times increases land conflicts. Land and the way it is accessed, used and controlled is a key element of sustainable social and economic development, peace, stability and realization of human right.

This makes land governance a cornerstone for the achievement of sustainable development goal. “Land is not just a mere commodity but essential element for the realization of human right” (UN 2015;1) such as the right to adequate housing and food. Land is a vital resource on earth from which humankind derives almost all these basic needs.

Land plays significant role in the economic, social, cultural and political development of a country. In the economic dimension it serves the bases for livelihood, socially a space for interaction, politically a source of power and culturally land is a symbol for collective identity. (Plimmer, 2011). Access to land affects human development, livelihood both in urban and rural areas, making land tenure an issue.

Land, precisely in the Africa continent is not just a resource but attached to it are different value and meanings which can lead to tension if not well managed and coordinated. While appropriate technical solution for securing property right have become accessible and affordable, widespread corruption, inconsistent legal framework, weak judiciary and poor public sector management has been recognized as the key obstacle hindering good governance in land administration and management.

Thus, leading to undesirable consequences like land conflict, pollution, especially to the poor vulnerable group. Meanwhile high cost and inefficient procedures have discouraged people from registering their land which leads to a corrupt land registration practice.

Before colonization, the indigenes of Cameroon practiced communal land ownership, where land was owned by families or whole villages. Traditional heads were the trustees or custodians of the land. Every community/family member benefited from what the communal land yielded (Ewout Frankema 2010;34).  Land was handed from   generation to generation within the family lineage and outsiders were only granted temporary use of land for specific purposes.

With the coming of colonialism, and having three different colonial masters Cameroon adopted a number of colonial legacy institutions which influenced the current land legislation. This era saw the introduction of state ownership of land. With the 1896 CROWN LANDS ACT introduced by the German colonial masters which approved of their ownership of all land. German colonial masters had the right to reallocate land and made local famers wage laborers on plantations.

This was closely followed by the 1927 and 1938 British and French legislations which granted them control over areas of Cameroon. Subsequent to state ownership of land was the introduction of individual land ownership procedures which began with the French Decree of 1932, where they could declare their right on land.

With these new laws, local indigenes began losing their right over land especially communal land. Rural land is generally subjected to customary law, based on accepted principle and agreement between local communities and traditional leaders, lamido and village elders who serve as trustee in land administration. Customary laws sometimes prohibit the sales of customary land outside the community (Fombad 2009). In the Anglophone region of western Cameroon, formal civil court recognized and applies customary law so long as it was not consistent with the general principle of equity and formal law.

As a result, both parties agree to apply customary law. In the francophone customary law court, they have jurisdiction to handle civil matter. Under customary law, households have the right to agricultural plot. Only about three percent of rural land is registered mostly in the name of large commercial farm (AFDB 2009; World Bank 2009; Hobbs 1998; Nguiffo and Djeukam 2008; Kaizanga and Master 2007). In some area’s chief may prohibit perennial crops, trees planting in order to maintain flexibility in land allocation and prevent household from making long-term investment in the land.

Land in Cameroon and precisely in Buea is link to the colonial and pre-colonial era and require a legal framework which comprise different mechanism for solving land dispute with respect to state law and traditional authorities. According to Cheka (2008; 72), these are institution that draw legitimacy entirely or partially from cultural value.

Traditional authorities are integrated into state structures as well as the role of elders and notables. Weak land governance is the cause of tenure related problems. The attempt to address tenures problem is a function of improving the quality of land governance.

The Cameroon land law ordinance No 74-1 of 6 July1974 establish tenure rule, governance of state land registration, privately owned land must be registered and title. According to the law, land registration is the only way of acquiring land and gain ownership. This is to avoid land conflict but the cumbersome process and lengthy of acquiring land document result to multiple sale of same piece of land.

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