Abstract

The abstract of community participation in resolving land disputes focuses on the role of community involvement in resolving conflict related to land ownership and use. The study examines the case of Wututu a small village in between Fako and Buea South West Region of Cameroon, were land disputes has been a persistent problem. The research aims to exploit how community participation can help to resolve these disputes and promote peaceful coexistence among community members.

There study employs a qualitative research design using interviews and questionnaires to collect data from stake holders and community members. The findings suggest that community participation can be an effective strategy for resolving land disputes, as it foster dialogue, and promote understanding, and encourages compromise.

The study also high lights the importance of involving traditional authorities and other key stake holders in the resolution process. Overall, the research underscores the critical role of community participation in promoting conflict resolution and social cohesion in rural communities.

CHAPTER ONE

INTRODUCTION

1.1 Background to the study

Conflict is an old concept that dates back since the creation of man. In our daily lives we encounter conflicts be it in private or public, the Wututu community is therefore no exception. The question is how does the Wututu community deal with these conflicts resulting from land dispute? It is an inherent situation which exist in any society where people duel. It has left undesired effects to humanity such as confrontations and wars. It will therefore not be surprising when we talk of community participation in conflict resolution and reconciliation because people of diverse background, different ethnic groups, unequal intellectual levels as well as differences in upbringing come together and combine their skills and knowledge to work towards a common goal. These differences in goals and interest which in most cases do not tie with the organizational goals have triggered conflicting interactions that generate suspicions and rivalries. Moreover, the effects of these conflicts have led to serious repercussions on the organization such as communities in particular and the society as a whole, which thus, affects their performance.

A number of ETHNIC conflicts, most of which are protracted mainly because of the type and nature of conflict resolution mechanisms that are used in finding solutions to them. Many of the solutions to these conflicts often fail to adopt home-based mechanisms (indigenous community) in resolving them since most of our conflicts have traditional underpinnings. Many resolution measures are hereby intended to be used in order to be bring lasting peace to the Wututu community with regards to land disputes, but the area is yet to have lasting peace.

Land issues are rarely considered to be a problem for Europeans, or cause for people’s struggles in Europe today, as it is elsewhere in the world . Many deeply social, cultural, political and economic issues and concerns around land that are associated with countries and peoples in the global South exist all across the globe — including in a region where one might least expect it: Europe. In Europe today, concentration of land under ever larger holdings controlled by fewer hands, resulting  from land grabbing and resulting in shrinking access to land for small-scale food producers, is accelerating. ctitioners, many of whom were already steeped in practical experience and knowledge regarding the particular situations they researched and wrote about here. The seeds of inquiry were planted in June 2012 and began germinating that Autumn; the early growth was examined, pruned and nurtured in a workshop that was held in Cluj-Napoca, Romania in December 2012; in January 2013 the first fruits were ready for taste-testing via a peer review process.(ECVC, 2013)

Until now the global phenomenon that is widely referred to as ‘land grabbing’ has been generally assumed to be happening only in the Global South, and with many reports claiming that it is concentrated in Africa and that the main land grabbers are Chinese, Indian and South Korean companies as well as the Gulf States. Transnational social movement and NGO campaigns have likewise tended to accept unquestioningly this generalLack of participation in decision-making processes This leads us to another issue regarding the governance of natural resources in Europe that becomes clear from the country studies: apart from the policies themselves, there are several problems linked to the ways these policies are developed and implemented, and, more generally, the way decisions are taken. What basically all cases show, is that there is a blatant lack of participation at different levels. This ranges from the project level (as, for instance, in the cases of Italy or France) to the level of spatial and use planning, but also at the very level of the designing of legal frameworks and regulations. Directly related to this is a lack of transparency and a clear problem of obscure decision taking in the context of land tenure, as all studies reveal.

In most African countries many constitutive and regulative institutions suffer from massive functional deficits: land rights are most often characterized by fragmented or overlapping legislation and legal pluralism, resulting in unclear property rights and land ownership conflicts. Land administration authorities dealing with land registration, land information systems, land-use planning and land development lack trained staff, technical infrastructure and financial resources. Administrative services are over centralized and responsibilities are often not clearly assigned or are overlapping, impeding cooperation and co-ordination. As a result, the little available and mostly incomplete or isolated data on land ownership and land use is being gathered by diverse non cooperating institutions, making its proper use difficult or even impossible. The result is endless procedures and low levels of implementation. Neither institutions constituting nor those regulating the land market make any substantial contribution to the avoidance of land conflict. Given the low salaries and openness to motivation payments, they rather contribute to them. Legal security is limited by insufficient implementation of rule of law principles, while mechanisms for sustainable land development suffer from the fact that ethical principles are not broadly acknowledged. The crucial point for all institutions is lack of implementation. Unclear implementation guidelines and contradicting legislation worsen the situation. Political will is very unsteady; the imperfect constitutional institution of land markets promotes land ownership conflict, while poor regulative institutions are responsible for both land ownership and land use conflicts (Wehrmann, 2006).

These conflicts have been compounded by the inability of post-colonial administrative and

judicial institutions to find lasting solutions. In pre-colonial and immediate post-independence Cameroon, land management was largely based on customary laws and practices with the various traditional authorities as the custodians of these lands. Official regulations governing land were first introduced by the Germans. In the pre-colonial era, land ownership in  was communal with the Chiefs as the custodian. The chief in turn devolved these land rights to landlords (Ataangwen) who managed it on his behalf. In pre-colonial Wututu like in most of Cameroon, land was used principally for subsistence agriculture and settlement construction. Once a parcel of land had been given out to particular family, it remained within that family and was inherited by subsequent generations. Considering that the chief was the custodian of the land and the people generally respected his authority, few problems usually arose from land ownership. However, the few cases of land conflict were handled by the traditional council set up by the chief. When the British took over the administration of the Cameroons after the defeat of the Germans in World War One in 1916, they introduced a policy of indirect rule. This policy further empowered traditional institutions in the administration of their peoples and lands under the supervision of the British.

In Cameroon, colonisation however led to a disruption of lifestyles and to the regulation of people’s relations to land and resources. At the signing of the July 1884 Germano-Duala Treaty, the Douala kings of the Cameroonian coast tried to maintain control over their territorial land and resources in their relations with the German administration. Conscious of the key role of land in safeguarding social cohesion and their authority, and probably in order to prevent the consequences of this disruption in land tenure, coastal chiefs expressed their wish to maintain control over land management. According to Article 3 of the Treaty: “The land cultivated by us now and the places, the towns they are built on shall be property of present owners and their successors”. Once the agreement was ratified by the German Crown, it served as a pretext for the annexation of the hinterland in accordance with the findings of the Berlin Treaty of 1885 (Sørensen, 2001).

In this context, customary property persists and is recognised by Article 1 of the 1896 Decree, which excludes from the category of “vacant and ownerless” lands those on which “individuals or legal persons, chiefs or indigenous communities, may eventually claim ownership rights or other real rights…”. The article provided for the possession of land deemed vacant and ownerless on the territory, and simultaneously established the recognition of customary land ownership by “chiefs or native communities”. Rights recognised as such can only exist under customary law, and the 1896 Decree was the first written text to regulate land across the territory of Cameroon. The nature of the rights in question was specified: ownership rights and other real rights (Atonga, 2019).

This recognition of customary land rights persisted under colonial law in Cameroon, and was reiterated in Section 3 of the Law of 17 June 1959 on the organisation of state property and land tenure, which stated that: “The customary rights exercised collectively or individually on all lands except those that are part of the public and private domains and those that are appropriated under the rules of the Civil Code or the registration system are confirmed (LandCam, 2021). No community or individual may be forced to surrender their rights except for purposes of public utility and against a fair compensation. When Cameroon gained independence, the ambition of the country’s leaders was to change the existing land tenure system, which combined traditional and modern law, to adopt a new one, taking into account development and nation building imperatives. Since the country was made up of two federal states, the issue was crucial only for French-speaking “East Cameroon”. Indeed in the English-speaking part, the “Land Native Right Ordinance” in force in Nigeria, whose enforcement extended to Cameroon under British administration, was aligned with the intentions of the authorities of the country. (Deininger, 2003).

The reunification of the two states in 1972 gave the leaders of the unitary state the opportunity to adopt a single state property and land tenure regime for the entire territory. This was done through three broad ordinances signed on 6 July 1974, supplemented by subsequent texts. The ambition of the reformers was undoubtedly to design a modern land reform with a view to promote national integration and the development of the country. Eventually, the outcome proved disastrous for local and indigenous populations, who were almost entirely stripped of their land rights because post-independence law abolished the notion of customary ownership, and rendered easier the expropriation of local and indigenous people who had been able to become owners (Fonjong, 2017).

The Law of 17 June 1959 on the organisation of state property and land tenure had previously strengthened the rights of local and indigenous peoples on their lands by removing the notion of vacant and ownerless land and by creating the concept of customary land ownership. This customary ownership, which operated alongside “modern” ownership drawn from the registration regime, and which allowed local and indigenous peoples to manage and derive all the potential benefits from their land – and even through alienation – was abolished after independence by a state concerned with the use of land as a political and development instrument.  From 1974, registration became the exclusive method to access land ownership. Any procedure for registering a building ends with the issuance of a land title, which consists of an official certification of ownership”. The Cameroonian legislator further stated that: “Assignments and leases of urban or rural lands which are not registered in the name of the seller or lessor shall be null and void” (Deininger, 2003).

Cameroon’s primary land law, Ordinance No. 74-1 of 6 July 1974, established land tenure rules following the 1972 unification of the country. A companion law, Ordinance No. 74-2 of 6 July 1974, addressed the governance of state land. These laws created a tenure system based on land registration: all privately-owned land must be registered and titled to retain its character as private land. All unregistered land is deemed to be either public land, which is held by the state on behalf of the public, or national‖ land, which includes unoccupied land or land held under customary law (Nguiffo & Wouri Consulting, 2019).

Conflicts can be defined as differences with a person or between two or more people that touches them in a significant way. We all constantly encounter differences with and between ourselves and others. The legislation in force guarantees land rights to citizens (including local communities and natives), which can be divided into three categories: (1) the right to own land; (2) the right to use land without enjoying ownership; (3) the right to participate in land management. a. The right to own land Land ownership is a right recognised for all citizens. Since the German era, “natives” were granted ownership of the land on which they enjoyed customary private ownership (Fair head, 2005). This situation persisted under the mandate and trusteeship, with various levels of recognition of customary ownership. The Cameroonian legislature placed customs at the same level as land registration under the German, (Allen, 2008). French and English administrations of Cameroon: land held under the regime of uncontested individual customary ownership may lead to issuance of a land title in the name of the owner. Strengths:

The registration provisions became discriminatory over time: one had to prove effective development prior to 6 July 1974. This measure is a serious impediment to the right of the overwhelming majority of the population to directly register their customary lands; 2. Communities whose way of life is different from the dominant sedentary lifestyle are finding it hard to get their land rights recognised under the current system. These include the indigenous (semi-) nomadic populations in the forest (“Pygmies”) or herders (Mbororos). Moreover, the notion of development, fundamental to the registration process, bases the proof of rights and usage on “occupation [which] results in an obvious dominance of man on the land”. This restrictive criterion deprives indigenous communities of the possibility to claim rights on many sites, due to the absence of lasting traces of their uses. They are thus, in a way, penalised because of the durable nature of their uses of spaces and resources (Assembe-Mvondo, 2013)

Cameroon is a central African country whose 465,400 square kilometers of land include desert, savanna, mountain, rainforest and coastal ecosystems. The Sudano-Sahelian zone in the north is characterized by low rainfall and desert and savanna scrub vegetation. The region is extensively used for livestock production as well as cultivation of grain crops (millet, sorghum) and cotton. A band of highlands and savanna, including the Adamawa plateau, forms a transitional zone between the semiarid north and southern rainforests. Coffee and cocoa production as well as cultivation of root crops and plantains dominate in this zone. The coastal zones have high rainfall, forests and fertile land that support the production of palm oil, rubber and horticultural crops. The southern region has tropical and equatorial rainforests that are globally unique, with a rich diversity of flora and fauna.

The Cameroon Volcanic Line, a chain of volcanic hills and mountains, crosses the country diagonally, rising from the western coast to the northern region of the country. Forest covers 46% of Cameroon’s mass, and 9% of total land lies within nationally protected zones. Agricultural land makes up 20% of the total land area. Approximately 0.4% of cultivated land is irrigated (Pamo 2008; World Bank 2009a; Molua and Lambi 2007). Cameroon has a population of 19.5 million (2009), 46% of whom live in rural areas. The country has a relatively low ranking on the 2010 Human Development Index, 131st of 169 countries, in part due to persistent poverty. A 2001 survey showed that despite declines in poverty since 1996, more than 40% of Cameroonians were poor. That percentage has remained constant through 2001–2007, with the actual number of poor people increasing from an estimated 6.2 million to 7.1 million due to population growth. Eighty percent of poor people live in rural areas. In 2008, Cameroon’s GDP was US $23 billion, with agriculture accounting for 20%, industry 33% and services 47%. The agro-silvo-pastoral sector employs two-thirds of the working population (World Bank 2010e; World Bank 2009a; FAO 2005; Pamo 2008; IFAD 2010; UNDP 2010; GOC 2009).

Cameroon’s extensive climatic, geographic and ecological diversity has not given rise to the levels of economic prosperity anticipated when the country gained its independence from both France (1960) and Britain (1961) and became a unified nation in 1972. An early track record of growth based on agriculture and forestry was bolstered by exploitation of petroleum reserves in the 1980s, promising a bright future for Cameroon’s growing population. In the late 1980s, however, sharp drops in the prices of Cameroon’s key exports – cotton and coffee as well as oil – were followed by a major devaluation of the currency in 1993 and significant declines in per capita incomes. The economy has gradually recovered, but productivity growth in the agricultural sector has not been strong and forestry exploitation is reportedly advancing at an unsustainable pace even as it generates revenues through timber exports. The agricultural and forestry sectors account for only account for about 20% of GDP, even though two-thirds of the country’s 19 million people depend in whole or in part on incomes from these sectors.

Prior to the annexation by the Germans in 1884, all land in present day Cameroon was communal and was managed by landlords designated by the relevant traditional ruler. Once the colonial administration had a foothold into the hinterlands, it began altering the existing customs regarding land ownership and this created disputes and conflicts. The core issue surrounding land in Cameroon is the legal reality that most rural inhabitants are little more than squatters on their own land, with regard to the forests and other land assets which by custom they have logically held in undivided shares (‘common properties’). The other problem is that while population is growth is steady, and with it an increase in the demand for the land which is stagnant. This demand and an uncertain land tenure system in this mostly rural environment breed conflict (Ruf, 2000). According to decree No 77/245 of July 15, 1977, organizes traditional chiefdoms; there are three categories of chiefdoms: first-class chiefdom, second class chiefdom, and third class chiefdom. A first-class chiefdom covers at least two second-class chiefdoms and its territorial limits are Division. A second class chiefdom covers at least two third-class chiefdoms and their territorial limit is a subdivision. The third class chiefdom covers a quarter or a village in a rural area or a quarter in urban areas. First-class chiefdoms are set up by order of the Prime Minister while the Minister of territorial administration gives it for second class chiefdoms. Senior Divisional officers set up third-class chiefdoms. The 15th July 1977 decrees on chieftaincy equally give them the mandate of the auxiliary of the administration. (Gwoda et AL , 2017).It is that light that as auxiliary of the administration, community are focal points between the central administrations in the socio-economic framework for the betterment of the populations under the supervision of administrative authorities. (Cameroon report, 2018).

Cameroon is a bi-jural country, which means that two different legal systems operate in different parts of the country. French-oriented civil law applies in eight eastern provinces, and English common law applies in the remaining two western provinces. The 1996 Constitution and 1974 Land Law apply nationally. The legal systems also recognize customary law, which, given the country’s ethnic diversity, encompasses multiple and evolving traditional rules and norms. In Muslim regions, which are primarily in the north, principles of Islamic law have been incorporated into customary law, although separate Shari’a law is also recognized (GOC Constitution 1996; Fombad 2009).

The laws were intended to encourage foreign investment in Cameroon as they effectively clarified private property rights and made all unregistered land available for investment. Article 16 of Ordinance No. 74-1 established prefect-level Land Consultation Boards, and Decree No. 78/263 1978 established prefect-level Commissions for Resolving Agro-Pastoral Conflicts. Decree No. 2005/481 governs land titling and registration (GOC Land Law 74-1 1974; GOC Land Law 74-2 1974; GOC Decree 481 2005; Egbe 1997; GEF 2006).

Rural land is generally subject to customary law, which is based on an evolving set of accepted principles, with some local variations. Under customary law, traditional local leaders (fon, lamido) serve as trustees and land administrators. Individual families receive rights to use land, and rights are heritable generally through the male line. Although land has become highly individualized in many areas, customary law generally prohibits individuals from selling their land outside the community (Joko 2006; Fombad 2009).

Disputes over access to land are relatively common in Cameroon. The main causes of these conflicts are changing land use patterns, increasing land degradation, increasing population densities and a lack of policies and rules for managing land disputes. Conflicts occur between pastoralist herders and sedentary farmers. Farmers have encroached on traditional grazing lands, desertification has pushed herders south and cattle numbers have increased. In the north, male cultivators have taken over land near villages after commercial crops such as coffee were introduced. Women cultivators seeking land for food crops clear land for farming at the borders of established cropping areas and moved onto open grazing lands, leading to conflict with herders. In other areas, migrants seeking land for farming have planted cocoa on forestland, creating disputes with communities that depend on forestland and its resources (World Bank 2006a; Hobbs 1998; Pamo 2008; Kaizanga & Masters 2007).

1.2 Statement of the Problem

There are so many problems of land. Wututu is situated in Buea, Fako South-West Region of Cameroon.. Wututu has had over the years an increase in population. And later this year the Wututu people started benefiting from the surrender land of the CDC Cameroon Development Corporative……………. Because of this, the nature of the land create dispute. This dispute emanated for the surrender land. It is because of this situation that it has become necessary to study the Wututu situation.

Wututu is situated within Buea and Fako. Border by villages like Ewongo, Masendo, Wukeli, Buana, Tole. In the past ten years they have be having problem, the community has had land problem since the creation of that community. Land own by individuals in that community. But within the influx of none indigenes and the expansion of agricultural community that plants tomatoes and others rich crops, because of the expansion of the economic activities, the community has develop to an extent that the community needed more land and this is why the community applied land surrender in this year the were giving the first space. And the land was share with the people in that community.

Land dispute has been on the increase in the Wututu community and that is why I am set to investigate the causes and problem. Wututu is a unique community because of agricultural potentials and nearness to Limbe. People buy land to build houses, some unscrupulous individual has turn this land matter in to commercial venture, double dealing and fraud has come and take possession of the land transaction, that do not exist before. Wututu dispute is cute of are the peace centre of land dispute of Fako.

1.3 Objectives of the study

1.3.1 General Objective

The main objective of this research shall be to critically analyze how effective community participation helps to resolve land disputes. The specific objectives shall be:

1.3.2 Specific Objectives

1. To identify the root causes of land disputes in Wotutu community;
2. To examine the community participation mechanisms to resolve land disputes in Wotutu;
3. To evaluate the effectiveness of community participation in resolving land disputes in Wotutu.

Check out: Conflict Resolution Project Topics with Materials