Day 2, Session 4: Tools and strategies for recognizing and mapping rights Presentation by Peter Mbile, ICRAF-Cameroon

1. Quoi? I am arresting
you for wearing
a multi-coloured
Laws,
shirt in a built up
area! laws
&
laws
..and for
walking on
the cracks
& calling
London,
me queer England
1930
Without us being aware, some laws can seem curious if applied differently to different people

2. Finding Space for community rights to forest resources in the context of the
national forest zoning plan:
Evidence from community mapping of forests rights and access contestations in
Cameroon
Peter Mbile (ICRAF)

3. Presentation plan
1. Introduction: graphics of the national forest zoning plan…
2. Methods: partnerships, case studies analyses…
3. Results/discussions: conceptual framework, analyses,
syntheses…
4. Recommendation: what framework?…
5. References; citations,

4. 1. Introduction:
forest zoning plan

5. 2. Methods
Issues mapped & alliances sites Data
1:Bantu communities with Korup •Interviews
national park. (..WWF)
•Documentation
2a:Bantu communities with agro •Com. Mapping
industry (CDC)..(MCP, NCI, CIL,
CARPE) •GIS analyses
2b:Land claims commission with •Public events
CDC (BLCC, CDC)
3a: Bantu communities with timber
concession, private sector, government
(CamEco, Consultants)
3b: Bantu communities with forest
reserve, timber concession and each
other (CamEco, Consultants)
3c: Pygmy communities with agro
industries, national park with
bantus (CED, FPP)
4a&b:Pygmy and Bantu
communities with national parks
and timber concessions and with
each other (CED, FPP, PERAD)

6. 3: Results/discussions…/1: conceptual frawework,
Concentual framework focus: ‘rule of law’
Constitution: The broad principles of ‘governance
Policies: The philosophical and methodological frameworks
Laws = The substantive element or fixed rules or by-laws
“to ensure the well-being of every citizen without discrimination; raise living
standards and uphold their right to development. Within the possibilities of her
resources the State will provide conditions necessary for human development.”
(Constitution of the Republic of Cameroon, 1996)
Dicey, (1982) : substantive aspects of law (the rules) shape public
behaviour
F. A. Hayek (1994): ..announced beforehand, how with fairness and
certainty so the public foresees how the State will use its coercive powers
to apply fixed rules
Shen (2000) fixed rules to be implemented as formal or procedural justice;
Schauer (1988) sums-up that, only transparency, participation, fairness and
procedure provide guarantees that ‘fixed rules’ will possess the substantive
element and shape public behaviour.

7. 3: Results/discussions …analyses../1
• 1.Korup: 100% park is
customary, State attempts
to resettle villages, fails.
Park comm. Persona non
grata. Deadlock. Proposals
being made to incorporate
comm. Needs in
management plan.

8. 3: Results/discussions …analyses../2
• 2a.Boa plains: comm. Lands intersect with CDC lands. Lands
retroceded (comm. have bad deals).

9. 3: Results/discussions …analyses../3
• 2b.BLCC: Case legitimacy validated by AU CHPR.
Government challenges on procedure. AU CHPR
advices on local, sovereign solution.
• Sovereign Nations will avoid public embarrassent as much as possible
The Bakweri Lands
Claims
A submission to the African
Union Commission on Human
and People’s Rights

10. 3: Results/discussions …analyses../4
3a.Ngonga-Kopongo: Local case strong. Government
concedes, promises encalves. Then retracts following
submission by private sector company. Deadlock

11. 3: Results/discussions …analyses../5
3b.Kienke: local case strong, within community, with state reserve.
Government concedes to timber concesssion, symbolically recognizes
comm. Needs but seems to be turning the other way in finding permanent
solution

12. 3: Results/discussions …analyses../6
3c.Socapalm/Hevecam/Campo: Racial minority rights acknowledged but none
territorial occupancy of space presents problems. WWF incorporates use rights into
park management with State blessing. Process is not yet satisfactory.

13. 3: Results/discussions …analyses../7
• 4a&b. Southeast: Mainly minority rights acknowledged by park
management authorities. Community hunting zones built into
management plans in southeast. A temporary solution is found.

14. 3: Results/discussions …analyses../8
NTFPs. national: differences in
perceptions prevail and conflicts with
law enforcement persists, increasing
cost margins of middle traders,
reducing benefits transfers to
producers;
Still, community manual revised,
support from CF Investment fund
helps.

15. SYNTHESES OF FINDINGS
• A clear patterns:
– Achilles’ heel of Policy has always been participation, so ‘rule of
law’ appropriately focusses on that.
– Partial solutions in all cases have involved ‘grouping’ the
problem to reduce the effect of ‘disarray’.
– Where authority has been conferred local solutions, though
requiring moderation are sought and appear to work (Boa,
Campo, Southeast, developing in Korup)
– Where there is a clash of powerful private or public sector
interest the State seems ambivalent and confused (Kopongo,
Boa, BLCC)
– The State performs badly when dealing directly with community
problems (Korup, Kienke).
– The State is not creative enough in dealing with ‘unusual’
challenges like integrating racially unique lifelstyles into popular
processes (Campo, Dja, Southeast).
– The state avoids public embarrassement at all costs (BLCC)

16. An evidence-based statutory framework for forest policy?
Research/inform.
PRESIDENCY OF THE REPUBLIC Forestry law
enforcement
THE CONSTITUTION
Legal entities
The Prime Ministry
By-laws

17. References
• Dicey, A.V., 1982, Introduction to the Study of the Law of the
Constitution, Indianapolis: Liberty Fund F. A.
• Hayek, F., 1994, The Road to Serfdom. Chicago: University of
Chicago Press.
• Shen Y. 2000. "Conceptions and Receptions of Legality:
Understanding the Complexity of the Law Reform in China", In The
Limits of the Rule of Law in China, (eds.) Karen G. Turner, James V.
Feinerman and R. Kent Guy. Seattle: University of Washington Press
• Schauer F.1998. "Formalism", Yale Law Journal. 97: 509-548.