CERTIFICATION

I hereby certify that this dissertation entitled “The Efficacy of Environmental

Democracy in Cameroon” Submitted to the department of English law, Faculty of Law
and Political Science for the award of Master’s Degree in law of the University of
Yaoundé 11- SOA is the original work of NANGAH LAURA CHE AWAMBENG.

Candidate date …………………………..

Nangah Laura Che Awambeng
………………………………

Supervisor
DR. FONJA JULIUS ACHU

Date………………………...
...……………………………………….

i
 DEDICATION

To my mother

OBEN PAULINE MBONGY

ii
 ACKNOWLEDGEMENTS

My gratitude goes to my supervisor Dr. Fonja Julius Achu who guided me

throughout this work. His comments and suggestions were of immense value. I am
indebted to him for the materials he made available to me and the attention he gave me
each time I requested in spite of his busy schedule.
Also this work could not have come to completion without the help of university
dons. Therefore, I acknowledge with enthusiasm the works of my lecturers in the
Faculty of Laws and Political Science for the academic guidance and wisdom they
bestowed on me during my undergraduate and post graduate years spent in the faculty.
To my parents, I show my deep appreciation and eternal respect for sacrificing all
they had for my education. In addition I express profound gratitude to my brother
Ngang Fred and to my sister Ndip Quinta for their financial and material support.
Equally, I express my appreciation to Justice Taminang and Barrister Nchunu
Sama for their assistance.
I am solely responsible for all the errors that may be found herein.

iii
 ABSTRACT

Environmental democracy has gained momentum in many countries in Africa but

this is not the case in Cameroon. The institutions put in place to carry it out are not
doing their job because of lack of will, corruption, shortage of man power and many
others. Equally, most of the concerned population of Cameroon is not aware of their
rights to environmental democracy despite the fact that principle 10 of the Rio
convention 1992 states that environmental issues will be well handled if all the
population is involved.
Data for this study was collected through secondary and primary sources.
Interviews were conducted in the area of study. Books and the internet were equally
consulted to gather relevant materials for this work.
The research identifies the legal instruments governing environmental democracy
at the international and national level and in doing so brings out the short comings.
This study revealed that the mechanism put in place to guarantee individual protection
are still very fragile and weak and so does not effectively guarantee the rights of
individuals. It is for this reason that we recommend that the state should encourage
education and awareness as a means of enhancing environmental democracy.
Lastly, the accomplishment of such a study might be helpful not only to
disseminate knowledge to interested institutions but also to contribute to the reform
efforts in environmental legislation.

iv
 TABLE OF LEGAL INSTRUMENTS

NATIONAL

CONSTITUTION
Law No. 96-6 of 18 January 1996 instituting the Constitution as amended by Law No.
2008-1 of 14th July 2008………………………………………………………………55
LAWS
Law Governing the penal code………………………………………………………..82
Law No. 67-If-1 of 12 November 1967 instituting the penal code………………….82
Law No. 94/01 of 20th January 1994 to lay down forestry, wildlife and fishery
regulations in Cameroon………………………………………………………………53
Law No. 96/12 of 5th August 1996 relating to environmental management in
Cameroon……………………………………..………………………………………55
Law No. 98/05 of 14th April 1998 laying down the Water Management
Law………………………………………………………………………..…………..83
Law No 98/015 of 14 July 1998laying down the establishments classified as
dangerous, unhealthy or inconvenient………………………………………………..57
Law No. 1 of 16th April 2001 instituting the Mining code……………………………83
Law No.2003/006 of 21st April 2003, laying down Bio-safety Law…………………83

v
 INTERNATIONAL LEGAL INSTRUMENTS

1) The 1962 Convention for the Prevention of Pollution of the Sea by Oil
2) The Ramsar Convention of 1971
3) The MARPOL 1973
4) The Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) 1973
5) The Vienna Convention for the Protection of the Ozone Layer of 1985
6) The Montreal Protocol on Substances that Deplete the Ozone Layer of 1987
7) The Basel Convention of 1989
8) Espoo Convention 1991
9) The United Nation Declaration of Human Rights
10)United Nations Environmental Program ( UNEP)
11)Stockholm Convention on Persistent Organic Pollutants 2001

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 LIST OF ABBREVIATIONS

UNCED- United Nations Conference on Environment and Development

UNDP- United Nations Development Program
UNEP- United Nations Environmental Program
MINEPDED- Ministry of Environment, Nature Protection and Sustainable Development
UNCLOS- United Nations Convention on the Law of the Sea
WSSD- World Summit on Sustainable Development
UN- United Nations
TAI- The Access Initiative
EIA- Environmental Impact Assessment
WCED- World Commission on Environment and Development
GNP- Gross National Product
ED- Environmental Democracy
FPIC- Free Prior and Informed Consent
UNECE- United Nation Economic Commission for Europe
OECD- The Organization for Economic Cooperation and Development
DELC- the Divisions of Environmental Law and Conventions
MEAs- Multilateral Environmental Organization
NGO- Non-Governmental Organization
UDHR- Universal Declaration of Human Right
GEF- Global Environmental Facility
AU- African Union
STC- Specialize Technical Committee
REC- Regional Economic Communities

vii
 TABLE OF CONTENTS

CERTIFICATION.....................................................................................................................i
DEDICATION..........................................................................................................................ii
ACKNOWLEDGEMENTS....................................................................................................iii
ABSTRACT..............................................................................................................................iv
TABLE OF LEGAL INSTRUMENTS...................................................................................v
INTERNATIONAL LEGAL INSTRUMENTS....................................................................vi
LIST OF ABBREVIATIONS................................................................................................vii
TABLE OF CONTENTS......................................................................................................viii
GENERAL INTRODUCTION................................................................................................1
BACKGROUND TO THE STUDY...........................................................................................1
LITERATURE REVIEW...........................................................................................................6
OBJECTIVES OF THE STUDY................................................................................................8
STATEMENT OF THE PROBLEM..........................................................................................8
HYPOTHESIS OF THE STUDY...............................................................................................9
SIGNIFICANCE.........................................................................................................................9
RESEACRCH QUESTION......................................................................................................10
METHODOLOGY...................................................................................................................10
MOTIVATION.........................................................................................................................10
SCOPE OF RESEARCH..........................................................................................................11
ORGANISATIONAL LAY-OUT............................................................................................11
WORKING DEFINITION........................................................................................................12
Environment..............................................................................................................................12
Democracy:...............................................................................................................................12
CHAPTER ONE.....................................................................................................................14
THE LEGAL AND INSTITUTIONAL FRAMEWORK OF ENVIRONMENTAL
DEMOCRACY........................................................................................................................14
THE LEGAL FRAMEWORK OF ENVIRONMENTAL DEMOCRACY.............................14
II. REGIONAL.........................................................................................................................24
Objectives of the AU................................................................................................................26
Aarhus Convention of 1998......................................................................................................27
The 1996 Constitution as amended in 2008..............................................................................31

viii
The 1994 Forestry and Wildlife Law........................................................................................32
The 1996 Environmental Management Framework Law.........................................................33
The 1998 law on Dangerous substances...................................................................................34
CONCLUSION.......................................................................................................................35
CHAPTER TWO....................................................................................................................36
AN ANALYSIS OF INDIVIDUAL RIGHTS IN ENVIRONMENTAL MATTERS.......36
Introduction...............................................................................................................................36
1.1.1.1. THE RIGHT TO RESIST............................................................................................39
1.1.1.2 PROCEDURAL RIGHTS............................................................................................39
1.1.1.3. SUBSTANTIVE RIGHTS...........................................................................................40
1.1.1.4. ENVIRONMENTAL DUTIES....................................................................................43
THE ACTORS OF ENVIRONMENTAL DEMOCRACY......................................................45
II. CITIZENS............................................................................................................................46
CONCLUSION.......................................................................................................................47
CHAPTER THREE................................................................................................................48
THE MEANING AND APPLICATION OF ENVIRONMENTAL DEMOCRACY.......48
EVALUATION OF RIO’S PRINCIPLE 10.............................................................................48
Elements Arising From Principle 10 of Rio.............................................................................48
The Aarhus Convention............................................................................................................55
THE ROLE IT PLAYS.............................................................................................................57
ITSASSESSMENT...................................................................................................................58
B) PARTICPATION IN DECISION MAKING....................................................................58
THE ROLE IT PLAYS.............................................................................................................61
ITS ASSESSMENT..................................................................................................................61
C) ACCESS TO JUSTICE....................................................................................................62
THE ROLE IT PLAYS.............................................................................................................64
HOW IT HAS BEEN APPLICABLE.......................................................................................64
ITS. ASSESSMENT.................................................................................................................66
THE IMPORTANCE OF ENVIRONMENTAL DEMOCRACY IN CAMEROON..............66
CHAPTER FOUR...................................................................................................................68
INSTITUTIONS PUT IN PLACE FOR THE PROTECTION OF THE
ENVIRONMENT IN CAMEROON.....................................................................................68
The Ministry of Forestry and Wildlife......................................................................................70
Ministry of Mines and Technological development.................................................................71

ix
CONCLUSION.......................................................................................................................72
CHAPTER FIVE....................................................................................................................73
SET BACKS IN IMPLIMENTING THIS PRINCIPLE.....................................................73
INTRODUCTION....................................................................................................................73
EFFECTIVENESS OF THE NATIONAL REGIME...............................................................74
B) SHORT COMINGS AND CHALLENGES..................................................................74
There is too much political influence on the population...........................................................75
The population is ignorant of their rights.................................................................................76
There is the lack of strong institution for collective bargaining to take place..........................76
SHORT COMINGS OF THE ENVIRONMENTAL CODE..............................................76
The non-implementation of the environmental conventions....................................................77
CONCLUSION.......................................................................................................................78
GENERAL CONCLUSION...................................................................................................79
CONCLUSION.........................................................................................................................79
BIBLOGRAPHY.....................................................................................................................82

x
 GENERAL INTRODUCTION

BACKGROUND TO THE STUDY

The environment has existed since the creation of man. Without the environment,
man cannot survive. The struggle to extract raw materials from the environment
endangers the environment by polluting the earth, (resources that are by nature non-
replaceable for example trees and forest zones).It is because of these struggles that the
need for the protection of the environment had to arise.
The UN Conference on the Human Environment, which held in Stockholm
in1972, was the first major international gathering to discuss sustainability at the
global scale. The conference created considerable momentum, and a series of
recommendations were made which led to the creation of environmental laws both at
the international and national. The recommendations from Stockholm were further
elaborated in the United Nation Environmental Program (UNEP) which aimed to
advance sustainable development by identifying priority conservation issues and key
policy options.
By 1972, the United Nations (U.N) brought up environmental issues and two
decades later, another meeting was held by the U.N to discuss more on what was at the
Centre stage in Stockholm. By 1992, there was the enactment of the Rio de Jeneiro
declaration which aimed at discussing not only on the environment but also on its
development. A democratic way of using the environment had to spring forth were by
there would be an equal representations of all actors involve in environmental
activities bringing in the principle of environmental democracy.
In 1982, the UN convened the World Commission on Environment and
Development (WCED), chaired by the Norwegian Prime Minister, Gro Harlem
Brundtland. Comprise of representation from both developed and developing
countries. The Commission was created to address the growing concern over the
“accelerating deterioration of the human environment and natural resources and the
consequences of that deterioration for economic and social development.” Four years
later, the group produced the landmark publication called “Our Common Future” (or
the Brundtland report) that provided a stark diagnosis of the State of the environment.

1
The report popularized the most commonly used definition of sustainable
Development which is “Development that meets the needs of current generations
without compromising the ability of future generations to meet their own needs”.
The Bruntland report provided impetus for the landmark 1992 Rio Summit that
laid the foundations for the global institutionalization of sustainable development.
Marking the twentieth anniversary of the Stockholm Conference, the Earth Summit
adopted the Rio Declaration on Environment and Development and Agenda21, a
global plan of action for sustainable development. The Rio Declaration contained 27
principles of sustainable development, including principle 7 on “common but
differentiated responsibilities,” which stated that “In view of the different contributions
to global environmental degradation, States have common but differentiated
responsibilities and its principle 10 which gives the right to citizens to participate,
make decisions and obtain justice. The developed countries acknowledge the
responsibility that they bear in the international pursuit of sustainable development in
view of the pressures their societies place on the global environment and of the
technologies and financial resources they command.” Agenda 21 included 40 separate
chapters, setting out actions in regard to the social and economic dimensions of
sustainable development, conservation and management of natural resources, the role
of major groups, and means of implementation. In Agenda 21, developed countries
reaffirmed their previous commitments to reach the accepted UN target of contributing
0.7 percent of their annual gross national product (GNP) to official development
assistance, and to provide favorable access to the transfer of environmentally sound
technologies, in particular to developing countries.
During the Rio summit of 1992, the U.N conference on environment and
development met at Rio de Jeneiro from 3 to 14 of June 1992.The U.N conference at
Stockholm on 16 June 1972 and that of 1992 seeks to build the goal of establishing a
new and equitable global partnership through the creation of new levels of cooperation
amongst states, key sectors of societies and people working towards international
agreement with respects to the interest of all and protect the integrity of the global
environmental and developmental system in recognizing the integral and
interdependent nature of the earth. The Rio declaration brought up principles in

2
relation to the environment wherein in its principle 10, it states the fact that
“environmental issues are best handled with the participation of all concerned citizens,
at the relevant level. At the national level, each individual shall have appropriate
access to information concerning the environment that is held by public authorities,
including information on hazardous materials and activities in their communities, and
the opportunity to participate in decision making process. States shall facilitate and
encourage public awareness and participation by making information widely available.
Effective access to judicial and administrative proceedings, including redress and
remedy shall be provided”. This Principle brings about 3 main bodies which are “the
right to information, participation in decision making and access to justice in
environmental matters”. When taking decisions on how vital environmental resources
will (or will not) be developed, local citizens who have close knowledge of the
surrounding land and resources, and have the most to gain or lose from these decisions
—should be full and active partners. That is the central claim underlying the legal
norms that comprise Environmental Democracy. That is; the right to participate in
environmental decision-making; the right to access to information on environmental
decisions; the right to redress and remedy when environmental rights are violated; and
the right to Free Prior and Informed Consent (FPIC) when decisions are made that will
affect vital resources and lands 1. When governments or developers of environmental
conservation and development programs fail to respect ED norms, they do not only
violate international law but may doom an environmental development project to
failure, and worse, violate the human rights and even destroy the lives of local citizens.
Putting into place these 3 bodies, a state environmental democracy has to be set
up were equal access to environmental issues would be obtained. Environmental
democracy here is the equal representation of all actors involved in environmental
issues. This democracy can either be global and local (in nature) environmental
democracy. At the global level, environmental democracy is often achieved through
1
United nations conference on environment and development, Rio de jeneiro, Braz., June 3-14, 1992 rio
declaration on environment and development, UN.Doc. \CONF.151\26\Rev.1(vol.1), Annex 1 (Aug.12, 1992)
[hereinafter referred to as the Rio Declaration], available at http://www.un.org\documents\ga\aconf15126-
1annex1 .htm; UN-REDD PROGRAMME, LEGAL COMPANION TO THE UN-REDD PROGRAMME
GUIDELINES ON FREE,PRIOR AND INFORMED CONSENT (FPIC): INTERNATIONAL LAW AND
JURISPRIDENCE AFFIRMING THE REQUIREMENT OF FPIC 4 (2013) [hereinafter LEGAL COMPANION
TO THE UN-REDD PROGRAMME], available at http\\www.unredd.net\index.php ?
option=com_docman&task=doc_download&gid=8792&itemid=5.

3
international environmental treaties. Environmental treaties when environmental
conventions are signed by various states in respect to the environment, while local
environmental democracy can be done through regional and national regulation.
In examining the rule of access to information, it provides that the government
should provide its citizens with the necessary knowledge and evidence to make choice
concerning the environment either is it on climate change, or its biodiversity nature.
When this information is gotten by the people, they would then move forward to
participating and making of decisions at each level and if the decisions reached at are
not being respected, justice should be given to the people though the participation of
these group of persons especially the local population, are not being respected the
government still goes ahead by preventing them from having access to justice. But this
is not always the case in most environmental issues.
Environmental democracy by its very nature can be trans-boundary, regional and
global in scope that is why since 1992, efforts have been put in place by other
international organs for the implementation of this principle. One of such is the Aarhus
convention which is seen as an important instrument in environmental development. It
is found on the belief that citizen’s involvement can strengthen democracy and
environmental protection. Kofi Annan2 described it as the most ambitious venture in
the area of environmental democracy so far undertaken under the auspices of the
united nation (U.N).It was adopted under the auspices of the United Nations Economic
Commission for Europe (UNECE), the convention was signed in 1998 and is officially
known as the convention on access to information, public participation in decision
making and access to justice in environmental matters. It is an elaboration of principle
10 of the Rio declaration. Even before the Aarhus convention, European Union (E.U)
legislation already endorsed these principles in the same areas of its law, with
previously unprecedented participation by non-governmental organizations,
governments then developed these provisions further to form the 3 pillars of the
Aarhus convention.

2
Koffi Annan, the founding chair of the Koffi Annan Foundation, is a noble peace prize laureate and was the
secretary –general of the United Nations between 1997 and 2006. With the Foundation, Koffi Annan seeks to
mobilize political will to overcome threats to peace, development and human rights.

4
 The United Nations Environmental Program Bali Guidelines consist of 26 total
guidelines organized under each pillar with seven guidelines each for access to
information and public participation and 12 guidelines for access to justice. The
guidelines unpacked principle 10 with specific guidance drawing on a body of good
practice and norms developed through the experience of the Aarhus convention and by
legal advocates.
The importance of this principle is all about preserving the environment by
letting the participation of all persons concern so they would feel at home with their
surroundings for example the reason why the masses resist in contributing to the
environment is because they do not participate, for if they were to fully participate in
environmental issues there would be some basic things which would become a life
style to them. Waste does not constitute the only means of environmental pollution
amongst others are climate change, greenhouse gases, and the United Nation
Convention on the Law of the Sea (UNCLOS).
Due to this developments, Cameroon as a nation had to wake up from slumber by
making enormous efforts in implementing principle 10 of Rio by creating its own laws
governing environmental issues in which one of such laws is the law on environmental
management; namely law No. 96/12 of 5 August 1996 which states the bodies
necessary in protecting the environment in other to improve on its sustainable
development. There are other conventions which though not basically based on
principle 10 of the Rio summit but which have environmental provisions aim at
protecting the environment such as the mining code, forestry law, and the law on
biodiversity.

5
LITERATURE REVIEW

It is important to start by stating that, there is much literature on the environment

both at the national and international level. Most African countries especially
Cameroon is making efforts to protect their environment. It should be mentioned here
that, some of the researchers have passively mentioned environmental democracy in
their work.
Ekongwese3 in her dissertation scrutinize environmental agreements to combat
the phenomenon of climate change in Cameroon. Her work discusses the mobilization
of MEAs at the national level to address the issue of climate change, identify
appropriate and effective mobilization policies and strategies to combat climate change
in Cameroon and provide the hurdles that retards the effective implementation of this
legal framework but failed to talk on environmental democracy in Cameroon.
Asah4 in her dissertation examines the legal aspects of ozone layer depletion in
Cameroon. The researcher carries out an in depth investigation of the causes of the
depletion of the ozone layer and dwells on the legal regime of the control of
substances that depletes the ozone layer. The work equally dwells on marine life and
ecosystems in general, due to increased ultraviolet exposure resulting from depletion
of the ozone layer. She further dwells on the extent of success of the ozone layer
regime in Cameroon by using the Montreal Protocol of 1987 and the Vienna
Convention of 1985 that regulates the depletion of the ozone layer.
However, it must be mentioned that this work dwells exclusively on the causes
and solutions of the depletion of the ozone layer without extending to other issues on
environmental democracy.
Nyongkaa5 dwells on the legal perspective of combating desertification in
Cameroon. His work actually analysis the effectiveness of the legal instruments laid
down to combat desertification. He also identified the hurdles that retard the effective
implementation of these legal frameworks and then proposes some solutions that can

3
Ekongwese, D. A.(2012)” Mobilizing Multilateral Environmental Agreements to Combat the Phenomenon of
Climate Change” An unpublished DEA Dissertation, University of Yaoundé II Soa.
4
Asah Y.N. (2006) “Legal Protection of the Ozone Layer. The Case of Cameroon”, An unpublished
Dissertation of the University of Yaoundé II Soa .
5
Nyongkaa K.K. (2011) “Combating Dissertation in Cameroon: A Legal Perspective an unpublished DEA
Dissertation of the University of Yaoundé II Soa .

6
actually accelerate and break new grounds for legal framework implementation. The
work focuses on the holistic perspective and the local communities who are at the
cutting edge of efforts to fight desertification. However, he mentions nothing on
environmental democracy in Cameroon.
Ako6 examines the implementation of international environmental law policies in
Cameroon with particular references to Environmental Impact Assessment (EIA). The
author argues that there is an antagonistic relationship between economic development
and environmental protection. He believes that an implementation of environmental
impact assessment would help in the integration of the environment into
developmental projects. He is of the opinion that environmental impact assessment
could be an effective instrument in achieving sustainable development if properly
implemented. However, he states that when examining consciously, it is realized that
EIA tries to deal with matters of uncertainty. These efforts, he added, are the main
pillars of International Corporation in the protection of the environment in Cameroon.
Furthermore, Njamnshi et AL7 discussed the assessment of information,
participation in decision making and access to justice focusing on the purpose of the
principle in Cameroon. In this light they looked at the performance of the government
in promoting this principle and their main findings were based on the constitution,
laws and environment which needed to be revised in other to suit the state of
Cameroonians. This was done in the form of rating the Cameroonian laws and citizens
in relation to this rule. However, they failed to bring out the implementative
mechanism by analyzing the existing laws.
Arrey8 writes on the law on plastic packages in Cameroon. The work is all about
the extent to which national laws are capable of regulating the problem of pollution
from plastic packages. By examining the various text and their implementation on the
importation, production, commercialization, distribution in relation to the use and
dispose of non-biodegradable plastic packages taking into effect the various actors and
their domain of intervention in the process of combating pollution from plastic
6
Ako J. A. (2010) “The Implementation of International Environmental Law Policies in Cameroon: the Case of
Environmental Impact Assessment”. An unpublished DEA Dissertation of the university II soa Yaoundé.
7
Njamnshi et al (2006) Environmental Democracy, “an assessment of access to information, participation in
decision making and access to justice in environmental matters”.
8
Edmond A.E.(2015)” Environmental Protection and Public Health Concerns: the Law on Plastic Packages In
Cameroon” an unpublished DEA Dissertation of the University of Yaoundé II Soa.

7
packages. He also examine the institutions and mechanisms put in place by the
government in the struggle to resolve pollution in the extent to find out the availability
for the alternative use of plastic packages in relation to the companies that produce
them.
These authors have looked at the problems that cause defect on the environment
and particular towns and region of a country. They have also looked at the effect of
these problems on the environment, but none have discussed on the Democratic nature
of the environment with respect to the equal representation of all parties involved in
environmental matters. In our opinion, we will propose the different actors involve In
environmental activities to take serious note of principle rio summit principle. This
work stands out from the other ones because it doesn’t only talk about the need for the
protection of the environment, but stress on the implementation of access to
information, participation in decision making and access to justice.

OBJECTIVES OF THE STUDY

Environmental democracy is relevant in our society today because it protects the

environment and it citizens at large. It does so through information participation in
decision making, access to and access to justice.
The work examines the various mechanisms put in place for the implementation
of environmental democracy. It also identifies the various actors involve and the rule
they play in relation to participation in decision making and access to justice in
environmental democracy. The study also proposes some solutions that can actually
accelerate the implementation of this principle.
Participation and access to justice also helps strengthen the position of the state
with respect to its citizens when it comes to negotiation.
It examines the adequacy or other wise of the laws that regulate Environmental
Democracy in Cameroon.

STATEMENT OF THE PROBLEM

The protection of the environment is a reality today and the need for participation
and access to justice has become indispensable for the African society in general and

8
that of Cameroon in particular. Participation and access to justice is needed in many
sectors of ministries such as mines, land, environment, forestry and others.
Unfortunately, progress in addressing this concern is slow and the question then
is to what extent has Cameroon gone in implementing environmental law as a pursuit
of sustainable development? And does this implementation permits the local people to
have access to information, participation in decision making and access to justice. This
work therefore seeks to answer the main question as to what compliance strategy has
Cameroon put in place in relation to environmental democracy with regards to
participation in decision, access to information making and access to justice in
environmental matters.

HYPOTHESIS OF THE STUDY

 This research assumes that if a proper national environmental democracy policy

on participation in decision making, access to information and access to justice
is created, it would reduce environmental crisis and other environmental issues
to a great extent.
 That the education and sensitization of the people would better improve on the
development of environmental democracy.
 That the setting up of a body to overlook the activities of implementation would
greatly help in improving environmental democracy.

SIGNIFICANCE

Environmental democracy is gaining grounds in almost all countries in the world

today. Africa is working hard not to be left behind as the wind of change blows. In the
same light the Cameroonian Government has instituted a legal framework to fight
against environmental exploitation and give its citizens the right to participate and also
acquire justice where necessary.
This research would facilitate the understanding of the nature of legal rules
governing this principle and how efforts have been made by the Cameroonian
Government in the implementation of this principle and the challenges that are being
faced which in effect causes delays. Now here, this research also examines the need

9
for a qualitative method to fight against the weaknesses that are standing as a barrier
for the better advancement of the principle.
Lastly, the accomplishment of such a study might be helpful not only to the
institution concern, but also contribute to the reform efforts in environmental
legislation in Cameroon and to this area of the law so that more would be known about
the participation in decision making and access to justice in environmental matters.

RESEACRCH QUESTION

Cameroon’s rich mineral resources needs to be well managed if not she would
misuse them rather than it serving the population in a positive manner. In other to
examine the extent Cameroon has gone in the implementation of access to
information, participation in decision making and access to justice in environmental
matters, we will look at the laws and bodies put in place.
Furthermore, Cameroon has laws and institutional principles governing principle
10 of the Rio Convention yet she finds it difficult to exercise their rights when it
concerns environmental issues, this is one of the major reasons justifying this research.
In view of the above problem, and in other to realize the objectives of this work
discussed above, the research would seek to answer the following questions; Why are
the laws and institutions created not well enforced, why is the implementation of such
laws slow to implement and whether there are other factors contributing to its failure.

METHODOLOGY

Data for this research was collected through primary and secondary methods.
Secondary data was collected through desk research, by way of visits to libraries
documentation centers of national organizations working in the area of environmental
law. We also gathered secondary data through internet research.
Primary data was collected through interviews of personnel working in
MINEDEP, MINFOF, and people on the street. With regards to the analysis of data
collected from primary and secondary sources, we utilize a critical approach for data
analysis.

10
 In the analysis of the data collected, we utilized the descriptive and explanatory
approaches. The work equally criticizes the legal instruments dealing with
Environmental Democracy.

MOTIVATION

A number of reasons have accounted for our research on this topic. The absence
of a good implementation mechanism is the first motivating factor.
Interest has also been aroused not only because of the importance of
environmental law but equally because people find it difficult to access environmental
information and also in achieving justice.
The research therefore comes at a time when Cameroon is highly in need of
change and comfort of its citizens especially with the high level of exploration and
exploitation going on now in the country. There is therefore the need to critically
examine the laws and institutions put in place to regulate this.

SCOPE OF RESEARCH

The work covers Environmental Democracy in Cameroon, that is, access to

information, participation in decision making and access to justice. It is worth
mentioning here that reference is made to other countries just to buttress a point.

ORGANISATIONAL LAY-OUT

The work is divided into four chapters. Chapter one, looks at the legal and
institutional frameworks of environmental law.
Individual rights in environmental matters are discussed in chapter two.
Chapter three looks at the meaning and application of environmental democracy
The applicable instruments put in place for the protection of the environment in
Cameroon is done in chapter four.
Chapter five looks at the problems in implementing environmental democracy in
Cameroon.
The work ends with a conclusion and recommendations.

11
WORKING DEFINITION

It is important for us to make some clarifications before delving into our work proper.

Environment

The term “Environment” denotes the totality of all physical and biotic factors
effecting the life and behavior of all living things. Therefore, it is important that the
environment of which land, water, air, human beings plants and animals are the
components be preserved and protected from degradation to enable maintenance of the
ecological balance. Considering that these natural resources sustain life on the planet
being the basis of all our activities, whether agricultural or industrial is of vital
importance. The term environment owes its genesis to a French word “environ” which
means “encircle” and encompasses within it land, water, flora, fauna, living creatures,
forests and everything on the earth. Environment etymologically relates to
surroundings‟, but obviously the concept that is relative to the object which is
surrounded in the sense environment includes anything. Environment in its generic
sense comprises of air, water, land, the things imbibed and also embedded in the land.
A more specific meaning is taken as covering the common physical surroundings such
as air, space, waters, land, plants and wildlife. Even this meaning is still a vague and
general one.
Section 2 (a) of the Environmental Protection law of 1986 defines environment
as follows “Environment includes water, air and land and the inter relationship which
exists among and between water, air and land and human beings, other living
creatures, plants, microorganism and property”.
This latter definition does not focus on man and where he lives but rather takes a
broader view of the environment to mean air, water, and land on which people,
animals and plants live.
The above definition though abstract, regards environment as a state of affairs of
nature viewed upon the milieu of man in his natural habitat.

Democracy:

The word democracy originated in Greek. The Greek gave us the word and also
provided a primitive model. Thus their theory only granted a small minority of adult

12
inhabitants of the city the right of political participation. Democracy can either be
representative, participative and deliberate.
In the dictionary definition, democracy "is government by the people in which
the supreme power is vested in the people and exercised directly by them or by their
elected agents under a free electoral system." In the phrase of Abraham Lincoln,
democracy is a government "of the people, by the people, and for the people."
Freedom and democracy are often used interchangeably, but the two are not
synonymous. Democracy is indeed a set of ideas and principles about freedom, but it
also consists of a set of practices and procedures that have been molded through a
long, often tortuous history. In short, democracy is the institutionalization of freedom.
For this reason, it is possible to identify the time-tested fundamentals of constitutional
government, human rights, and equality before the law that any society must possess
to be properly called democratic.
For the purpose of this work, my work definition is environmental democracy is
the equal representation of every party involve in environmental activities.

13
 CHAPTER ONE

THE LEGAL AND INSTITUTIONAL FRAMEWORK OF

ENVIRONMENTAL DEMOCRACY

This chapter exhausts the legal and institutional framework of environmental law
and those that deals with principle 10 of the Rio summit of 1992.

THE LEGAL FRAMEWORK OF ENVIRONMENTAL DEMOCRACY

 AT THE INTERNATIONAL LEVEL

This chapter seeks to explain the legal instruments put in place to ensure the
protection of the environment. Many villages and towns suffered torment in the hands
of investors in the past especially African countries during the time of their colonial
masters
But when the wind of change blew with respect to the awareness of the
environmental importance, many international conventions were created which
brought awareness to the world especially in Africa. International cooperation in the
form of laws, treaties, agreements and resolutions were being created by
intergovernmental organizations to protect the environment such as the United Nations
Environment Programme (UNEP), the European Union, the Organization for
Economic Cooperation and Development (OECD), and the Council of Europe. But the
responsibility for the protection of the environment remains at the national and local
level. UNEP has a long history of contributing towards the development and
implementation of environmental law. The Division of Environmental Law &
Conventions (DELC) is the lead Division charged with carrying out the functions of
UNEP that involve the development and facilitation of international environmental
law, governance and policy. It is the focal Division within UNEP which oversees the
many facets of this global legal framework. Hence, the role of DELC within the
framework of UNEP is primarily to ensure the progressive development of
environmental law across different environmental sectors and levels of governance.
At a global level, DELC has been pivotal in the facilitation of intergovernmental
platforms for the promotion and implementation of multilateral environmental

14
agreements (MEAs) and defining international environmental norms. DELC’s current
mandate principally stems from the 2009 Montevideo Programme, for the
Development and Periodic Review of Environmental Law which forms a broad
strategy for the international legal community and UNEP in formulating the activities
in the field of environmental law for the decade commencing in 2010. Such as,
Progressive Development of Environmental Law, Working to be at the forefront of
international legal developments by enhancing environmental laws at all levels. Also
the Environmental Rule of Laws, the Protection of Human Rights and the
Environment, the Increase of inter-linkages between human rights and the
environment, Improving Environmental Governance of Global Commons. It Identifies
methods to strengthen institutions and laws which protect natural resources in the
Global Preventing Trans-boundary Environmental Crime, it improves legal and policy
mechanisms to better combat illegal transnational environmental activities which
Helps to build a Green Economy.
Other international environmental treaties were enacted for the protection of the
environment such as;
 The 1962 Convention on the Prevention of Pollution of the Sea by Oil
Seeking to prevent ocean pollution by oil discharged from ships, this pact limits
discharges of oil-contaminated wastes. It allows exceptions for discharges with low
levels of oil contamination; and for tankers that discharged only a small percentage of
their total cargo-carrying capacity or released oil-contaminated ballast more than 80
kilometers from the nearest land.
 The Ramsar Convention of 1971
The Convention on Wetlands, signed in Ramsar, Iran, provides the framework
for national action and international cooperation for the conservation and wise use of
wetlands and their resources. It is also known as the Convention on Wetlands. The
Convention was signed in 1971.Every three years, representatives of the Contracting
Parties meet as the Conference of the Contracting Parties (COP), the policy-making
organ of the Convention which adopts decisions (Resolutions and Recommendations)
to administer the work of the Convention and improve the way in which the Parties are
able to implement its objectives.

15
 The most recent COP12 was held in Punta del Este, Uruguay in 2015. COP13
will take place in Dubai, United Arab Emirates, in 2018. Cameroon became a member
on the 20th of July 2006.The Convention’s mission is “the conservation and wise use of
all wetlands through local and national actions and international cooperation, as a
contribution towards achieving sustainable development throughout the world”. Under
the “three objectives” of the Convention, the Contracting Parties commit to:
• Work towards the wise use of all their wetlands;
• Designate suitable wetlands for the List of Wetlands of International
Importance (the “Ramsar List”) and ensure their effective management;
• Cooperate internationally on trans-boundary wetlands, shared wetland
systems and shared species.
 MARPOL, 1973
The MARPOL Convention is a major international pact to prevent pollution of
the marine environment, from operational or accidental causes by ships. The
International Convention for the Prevention of Pollution from Ships (MARPOL),
signed at the International Maritime Organization, addresses oil pollution, but also
covers pollution from chemicals, packaged harmful substances, sewage and garbage.
The pact will be updated substantively by a 1978 protocol at a conference held in
response to a series of tanker accidents in 1976 and 1977. In the 21st century,
MARPOL will remain a dynamic agreement, regularly updated by documents called
“annexes.”
 The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES)
One of the earliest international agreements addressing the plight of endangered
species is adopted in Washington, with the United States being one of the 21 original
signatories. More than 170 nations will become parties to CITES. Its control of
international trade in species in danger of extinction relies on signatory nations
adopting and enforcing export and import restrictions. CITES allows for trade in listed
species if such trade is not detrimental to a species’ survival.

16
  Vienna Convention for the Protection of the Ozone Layer, of 1985.
It is often called a framework convention because it served as a framework for efforts
to protect the globe’s ozone layer. The Vienna convention was adopted in 1985 and
entered into force on 22nd September 1988. In 2009, it became the first convention to
achieve universal ratification. The objectives of the convention were for parties to
promote cooperation by means of systematic observations, research and information
exchange on the effect of human activities on the ozone layer and to adopt legislative
or administrative measures against activities likely to have adverse effects on the
ozone layer. The Vienna convention did not require countries to take concrete actions
to control ozone depleting substances; instead in accordance with the provisions of the
convention, the countries of the world agreed that the Montreal protocol on substances
that deplete the ozone layer under the convention should advance that goal.
 The Montreal Protocol on Substances that Deplete the Ozone Layer, of
1987.
It was designed to reduce the production and consumption of the ozone layer
depleting substances in other to reduce their abundance in the atmosphere, and thereby
protecting the earth’s fragile ozone layer. It includes a unique adjustment provision
that enables the parties to the protocol to respond quickly to new scientific information
and agree to accelerate the reduction required on chemicals already covered by the
protocol. These adjustments are then automatically applicable to all countries that
ratified the protocol. The Protocol calls for phasing out production and consumption of
compounds that deplete ozone in the stratosphere namely; chlorofluorocarbons, carbon
tetrachloride and methyl chloroform. This will be accomplished in 2000 for most of
the listed substances and in 2004 for methyl chloroform. The agreement, which has
been ratified by 191 countries, will help cut production of ozone-depleting chemicals.
 The Basel Convention of 1989
The Basel Convention on the Control of Trans-boundary Movements of
Hazardous Wastes and Their Disposal is the world’s most comprehensive pact on
hazardous wastes. Its 170 signatories aim to protect human health and the environment
from adverse effects of generation, management, shipment and disposal of hazardous

17
wastes. In the late 1980s, when regulations in industrialized countries increased the
cost of hazardous waste disposal, so-called “toxic traders” began shipping hazardous
waste to developing countries and to Eastern Europe. International outrage about this
practice led to the drafting and adoption of this convention.
 Espoo Convention 1991
The Espoo Convention of 1991on Environmental Impact Assessment in a Trans-
boundary Context, sets out the obligation of parties to assess the environmental impact
of certain activities at an early stage of planning. It also lays down the general
obligations of states to notify and consult each other on all major projects under
consideration that are likely to have a significant adverse environmental impact across
boundaries. The convention was adopted in1991 and entered into force on the 10th of
September 1997. The convention has undergone amendments in 2001 and entered into
force on the 26th of August 2014, which opened the convention to accession by the
UN Members of the UNECE. Its second amendment of 2004 has not yet entered into
force but it is aimed at allowing appropriate affected parties to participate in scooping,
require review of compliance, revise the appendix of the list of activities, and make
other minor changes.
 The United Nation Declaration of Human Rights;
The Universal Declaration of Human Rights (UDHR) is a milestone document in
the history of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948 9. It sets out, for the
first time, fundamental human rights to be universally protected. . Its preamble
recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world. International human right law lays down obligations which states are bound to
respect. By becoming parties to international treaties, states assume obligations and
duties under international laws to respect, to protect and fulfill human rights. The
obligation to protect requires states to protect individuals and groups against human
right abuses. The obligation to fulfill means that states must take positive action to

9
General Assembly Resolution 217 A (111)

18
facilitate the enjoyment of basic human rights. The declaration provides in its article 8,
10, 11, and17 some of the environmental protection 10. The UNDHR created
international conventions of which one of it is the United Nations Declaration on the
Rights of Indigenous Peoples, which constitute the common heritage of humankind,
that all doctrines, policies and practices based on or advocating superiority
of peoples or individuals on the basis of national origin or racial, religious,
ethnic or cultural differences are racist, scientifically false, legally invalid, morally
condemnable and socially unjust, that indigenous peoples have suffered from
historic injustices as a result of, inter alia, their colonization and dispossession
of their lands, territories and resources, thus preventing them from exercising,
in particular, their right to development in accordance with their own needs and
interests.
Recognizing the urgent need to respect and promote the inherent rights of
indigenous peoples which derive from their political, economic and social structures
and from their cultures, spiritual traditions, histories and philosophies, especially
their rights to their lands, territories and resources, Recognizing also the urgent
need to respect and promote the rights of indigenous peoples affirmed in
treaties, agreements and other constructive arrangements with States,
Welcoming the fact that indigenous peoples are organizing themselves for
political, economic, social and cultural enhancement and in order to bring to an end all
forms of discrimination and oppression wherever they occur, Convinced that control
by indigenous peoples over developments affecting them and their lands,
territories and resources will enable them to maintain and strengthen their
institutions, cultures and traditions, and to promote their development in
accordance with their aspirations and needs, Recognizing that respect for indigenous
knowledge, cultures and traditional practices contributes to sustainable and

10
Article 8 “everyone has the right to an effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law” , article 10 “ everyone is entitled in full
equality to a fair and public hearing by an independent an impartial tribunal, in the determination of his rights
and obligation and of any criminal charge against him”, article 11(1) “everyone charged with a penal offence has
the right to be presumed innocent until proved guilty according to the law in a public trial at which he has had all
the guarantees necessary for his defense. (2) no one shall be held guilty of any penal offense, under national or
international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal offense was committed” and article 17(1) “everyone has the right to own
property alone as well a in association with others. (2) no one shall be arbitrary deprived of his property”

19
equitable development and proper management of the environment, Emphasizing
the contribution of the demilitarization of the lands and territories of
indigenous peoples to peace, economic and social progress and development,
understanding and friendly relations among nations and peoples of the world,
Recognizing in particular the right of indigenous families and communities to retain
shared responsibility for the upbringing, training, education and well-being of their
children, consistent with the rights of the child.
Considering that the rights affirmed in treaties, agreements and other
constructive arrangements between States and indigenous peoples are, in some
situations, matters of international concern, interest, responsibility and character,
Considering also that treaties, agreements and other constructive
arrangements, and the relationship they represent, are the basis for a
strengthened partnership between indigenous peoples and States, Acknowledging that
the Charter of the United Nations, the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and Political
Rights11, as well as the Vienna Declaration and Programme of Action 12, affirm the
fundamental importance of the right to self-determination of all peoples, by
virtue of which they freely determine their political status and freely pursue
their economic, social and cultural development.
It encourages states to comply with and effectively implement all their
obligations as they apply to indigenous peoples under international instruments,
in particular those related to human rights, in consultation and cooperation with
the peoples concerned.
 United Nation Environmental Program(UNEP);
It is an agency of the United Nations which coordinates its environmental
activities, assisting developing countries in implementing environmentally sound
policies and practices. It was founded by Maurice Strong, its first director, as a result
of the United Nations Conference on the Human Environment (Stockholm
Conference) in June 1972 and has its headquarters in the Gigiri neighborhood of
Nairobi, Kenya. UNEP has six regional offices and various country offices. One of the
11
See resolution 2200 A (XXI), annex.
12
A\CONF.157\24 (Part 1), chap. III.

20
most important functions of UNEP is the promotion of environmental science and
information; create a world-wide awareness on emerging environmental problems
some of which triggered international negotiations of several international
environmental conventions. It has played a significant role in developing international
environmental conventions, promoting environmental science and information and
illustrating the way those can be implemented in conjunction with policy, working on
the development and implementation of policy with national governments, regional
institutions in conjunction with environmental non-governmental organizations
(NGOs). UNEP has also been active in funding and implementing environment related
development projects.
UNEP has aided in the formulation of guidelines and treaties on issues such as
the international trade in potentially harmful chemicals, trans-boundary air pollution,
and contamination of international waterways.
The World Meteorological Organization and UNEP established the
Intergovernmental Panel on Climate Change (IPCC) in 1988. UNEP is also one of
several Implementing Agencies for the Global Environment Facility (GEF) and the
Multilateral Fund for the Implementation of the Montreal Protocol, and it is also a
member of the United Nations Development Group 13. The International Cyanide
Management Code, a program of best practice for the chemical’s use at gold mining
operations, was developed under UNEP.
In a series of resolutions, the former United Nations Commission on Human
Rights and the United Nations Human Rights Council has drawn attention to the
relationship between a safe and healthy environment and the enjoyment of human
rights. Most recently, the Human Rights Council in its resolution 7/23 of March 2008

13
“Achieved copy”. Achieved from the original on May 11, 2011.retrieved May 15, 2012.schrijver N. (2010).
“Development without destruction: The UN and Global resource management». United Nation Intellectual
History Project Series. Bloomington, IN: Indiana University Press.p.116.ISBN 978-0-253-22197-1. “UNEP.
News wise science news\pop superstar Nick Carter to help wild Dolphins and ocean felicity carus UN urges
global move to meat and dairy-free diet, The Guardian, 2 June 2010.also see “Energy and Agriculture Top
Resource panel’s list foe Sustainable 21st Century” united Nations Environment Programme (UNEP), Brussels, 2
June 2010 Doyle, A, (2007-02-03). “46 nations call for tougher U.N. environment role”. Reutes. “United Nations
Environment Programme”. Unep.org. November 2011. Retrieved November 17, 2011. Solar loan program in
india UNEP Marshland project in Middle East Achieved October 6, 2007, at the way back Machine. AEO-for –
Youth Archieved December23, 2011, at the way back machine. U.N.: Glaciers shrinking at record rate “UNEP
and Daimler Call for infrastructure for Electric and Fuel-cell vehicles”. Climate-L.org. 4 July 2008. Retrieved
June 16, 2010.

21
and resolution 10/4 of March 2009 focused specifically on human rights and climate
change.
These resolutions have raised awareness of how fundamental the environment is
as a prerequisite to the enjoyment of human rights. The time is ripe to build on the
work of the Commission on Human Rights and the Human Rights Council and on
UNEP’s and the international community’s achievements in the environmental field to
deepen our understanding of the direct and indirect links between the protection of the
environment and the enjoyment of human rights, as well as on obligations and
responsibilities of States and other actors under human rights treaties and multilateral
environmental agreements. For this to happen, guidance from forward-looking
thinkers and assistance from the best scientific and legal minds in the field is needed.
The two day High-level Expert Meeting was attended by thinkers drawn broadly
from different fields including academics, judges, other legal experts, representatives
of international governmental organizations, public interest groups and policy makers.
The Expert Meeting provided a forum to review recent developments concerning the
relationship between human rights and environment, including the recent resolutions
of the Human Rights Council on human rights and climate change, and to discuss
ways and means to promote integrated strategies and policies for the protection of
human rights and the environment.
 Stockholm Convention on Persistent Organic Pollutants of 2001.
It was adopted by the Conference of Plenipotentiaries on 22 ndMay 2001 in
Stockholm, Sweden. The Convention entered into force on 17 May 2004. The
Stockholm Convention on Persistent Organic Pollutants is a global treaty to protect
human health and the environment from chemicals that remain intact in the
environment for long periods, become widely distributed geographically, accumulate
in the fatty tissue of humans and wildlife, and have harmful impacts on human health
or on the environment.
Exposure to Persistent Organic Pollutants (POPs) can lead to serious health
effects including certain cancers, birth defects, dysfunctional immune and reproductive
systems, greater susceptibility to disease and damages to the central and peripheral
nervous systems.

22
 Given their long range transport, no one government acting alone can protect its
citizens or its environment from POPs. In response to this global problem, the
Stockholm Convention, which was adopted in 2001 and entered into force in 2004,
requires its parties to take measures to eliminate or reduce the release of POPs into the
environment.
Its objectives as set out in Article 1, of the Convention are to protect human
health and the environment from persistent organic pollutants. Its main provision
amongst others of the Convention requires each party to Prohibit and/or eliminate the
production and use, as well as the import and export, of the intentionally produced
POPs that are listed in Annex A to the Convention 14 it allows for the registration of
specific exemptions for the production or use of listed POPs, in accordance with that
Annex and Article 4, bearing in mind that special rules apply to PCBs. The import and
export of chemicals listed in Annex A can take place under specific restrictive
conditions, as set out in paragraph 2 of Article 3. Restrict the production and use, as
well as the import and export, of the intentionally produced POPs that are listed in
Annex B to the Convention (Article 3), Annex B allows for the registration of
acceptable purposes for the production and use of the listed POPs, in accordance with
that Annex, and for the registration of specific exemptions for the production and use
of the listed POPs, in accordance with that Annex and Article 4. The import and export
of chemicals listed in Annex B can take place under specific restrictive conditions, as
set out in paragraph 2 of Article 3. Reduce or eliminate releases from unintentionally
produced POPs that are listed in Annex C to the Convention 15 The Convention
promotes the use of best available techniques and best environmental practices for
preventing releases of POPs into the environment, Ensure that stockpiles and wastes
consisting of, containing or contaminated with POPs are managed safely and in an
environmentally sound manner16.
The Convention requires that such stockpiles and wastes be identified and
managed to reduce or eliminate POPs releases from these sources. The Convention
also requires that wastes containing POPs are transported across international

14
(Article 3)
15
Article 5
16
Article 6

23
boundaries taking into account relevant international rules, standards and guidelines.
To target additional POPs17 the Convention provides for detailed procedures for the
listing of new POPs in Annexes A, B and/or C. A Committee composed of experts in
chemical assessment or management - the Persistent Organic Pollutants review
Committee, is established to examine proposals for the listing of chemicals, in
accordance with the process set out in Article 8 and the information requirements
specified in Annexes D, E and F of the Convention.
Other provisions of the Convention relate to the development of implementation
plans18, information exchange19, public information, awareness and education20,
research, development and monitoring21, technical assistance22, financial resources and
mechanisms23, reporting24, effectiveness evaluation25 and non-compliance26.
Amongst this one’s cited above, there exist other conventions or agreement
which has to deal with protecting the environment as per the Rio principle such as;
“European Agreement concerning the International Carriage of Dangerous Goods by
Road (ADR), Geneva, 1957, Convention on the Control of Trans boundary
Movements of Hazardous Wastes and their Disposal, Basel, 1989, Convention on Civil
Liability for Damage Caused during Carriage of Dangerous Goods by Road, Rail, and
Inland Navigation Vessels (CRTD), Geneva, 1989, Convention on the ban of the
Import into Africa and the Control of Trans boundary Movements and Management of
Hazardous Wastes within Africa, Bamako, 1991, Convention on the Trans boundary
Effects of Industrial Accidents, Helsinki, 1992, Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in International
Trade.” Rotterdam 1998.

17
Article 8
18
Article 7
19
Article9
20
Article 10
21
Article 11
22
Article 12
23
Article 13
24
Article 15
25
Article 16
26
Article 17

24
II. REGIONAL

The AU was established on 26 May 2001 in Addis Ababa and launched on the 9 th
of July 2002 in South Africa, with the aim of replacing the Organization of African
Unity (OAU). The advent of the African Union (AU) can be described as an event of
great magnitude in the institutional evolution of the continent. Heads of State and
Government of the Organization of African Unity issued a Declaration (the Sirte
Declaration) calling for the establishment of an African Union, with a view, inter alia,
to accelerate the process of integrating the continent to enable it play its rightful role in
the global economy while addressing multifaceted social, economic and political
problems. The main objectives of the OAU are to Develop strategies, strategic
framework, and plan and coordinate the implementation of coherent and integrated
Regional/Continental programs and projects of Information and Communication
technologies
Indeed, as a continental organization the OAU provided an effective forum that
enabled all Member States to adopt coordinated positions on matters of common
concern to the continent in international fora and defend the interests of Africa
effectively. The OAU’s initiatives paved the way for the birth of the AU. In July
1999, the Assembly decided to convene an extraordinary session to expedite the
process of economic and political integration in the continent. Since then, four
Summits have been held leading to the official launching of the African Union.
• The Sirte Extraordinary Session (1999) decided to establish an African Union
• The Lome Summit (2000) adopted the Constitutive Act of the Union.
• The Lusaka Summit (2001) drew the road map for the implementation of the
AU
• The Durban Summit (2002) launched the AU and convened the 1st Assembly
of the Heads of States of the African Union.
The vision of the African Union is that of “An integrated, prosperous and
peaceful Africa, driven by its own citizens and representing a dynamic force in global
arena.” This vision of a new, forward looking, dynamic and integrated Africa will be
fully realized through relentless struggle on several fronts and as a long-term endeavor.
The African Union has shifted focus from supporting liberation movements in the

25
erstwhile African territories under colonialism and apartheid, as envisaged by the
OAU since 1963 and the Constitutive Act, to an organization spear-heading Africa’s
development and integration.
At the regional level, environmental law has also evolved in the protection of the
environment. The core focus of this is to ascertain how regional environmental law
may contribute to the pursuit of global sustainable development. It ascertains how
regional environmental law has contributed to the prevailing pursuit of global
sustainable development. Regional Environmental Law analyses the manner in which
four distinct regional organizations that is; the European Union (EU), Organization of
American States (OAS), Association of Southeast Asian Nations (ASEAN) and the
African Union (AU) - facilitate cooperation concerning regional environmental law in
order to promote sustainable development. The fundamental environmental issues on
which this organizations where based was on human rights and the environment,
climate change and watercourses. They try to find solutions to these salient
environmental problems.
Regional legal environmental laws on the environment have become very vital to
national and even international environmental approaches, it provides regional
approaches across the world and points at many remaining challenges as regarding not
only regulatory approaches, but particularly in the field of trans-boundary waters and
climate change. Some of the laws of the African Union includes; Africa and Climate
Change, Legal Perspectives from the AU, Sustainable Development of SADC’s
Watercourses: The Inco Maputo River Basin Agreement of 2002, Human Rights and
the Environment in the African Union. With regards to the Organization of the
American States, laws such as; the Contribution of the Inter-American Human Rights
System to Sustainable Development, the Sustainable Water Resource Management and
the Amazon Basin.
With regards to the Association of the South East Asian Nations, they created
laws such as; the Singapore Declaration on Climate Change, Energy and the
Environment, 2007 and beyond, and with the European Union, they created laws such
as; EU Climate Change Law and the Legal Frameworks that govern Europe’s Trans-
boundary Waters.

26
Objectives of the AU

• To achieve greater unity and solidarity between the African countries and the
people of Africa;
• To defend the sovereignty, territorial integrity and independence of its Member
States;
• To accelerate the political and socio-economic integration of the continent;
• To promote and defend African common positions on issues of interest to the
continent and its peoples;
• To encourage international cooperation, taking due account of the Charter of
the United Nations and the Universal Declaration of Human Rights;
• To promote peace, security, and stability on the continent;
• To promote democratic principles and institutions, popular participation and
good governance;
• To promote and protect human and peoples' rights in accordance with the
African Charter on Human and Peoples' Rights and other relevant human rights
instruments;
• To establish the necessary conditions which enable the continent to play its
rightful role in the global economy and in international negotiations;
• To promote sustainable development at the economic, social and cultural levels
as well as the integration of African economies;
• To promote co-operation in all fields of human activity and to raise the living
standards of African peoples;
• To coordinate and harmonize the policies between the existing and future
Regional Economic Communities for the gradual attainment of the objectives of
the Union;
• To advance the development of the continent by promoting research in all fields
in particular in science and technology;
• To work with relevant international partners in the eradication of preventable
diseases and the promotion of good health on the continent.
It has a specialize committee of which one of them is The Committee on
Industry, Science and Technology, Energy, Natural Resources and Environment.

27
Article 14 of the AU Constitutive Act provides for the establishment of Specialized
Technical Committees (STCs) across a range of thematic areas. Under article 14, the
STCs are responsible to the Executive Council. STCs are organs of the AU in
accordance with article 5 of the AU Constitutive Act. The process of operationalizing
the STCs has been ongoing and, as of 1 September 2014, the functions of some STCs
were being carried out by various sectorial ministerial conferences. In June 2014, the
Assembly requested the Commission, in collaboration with the bureaus of various
sectorial ministerial conferences, to pursue and finalize the process of operationalizing
the remaining STCs by December 2014, after which all sectorial ministerial
conferences were to be abolished. The purpose of the STCs is to work in close
collaboration with Commission departments to ensure the harmonization of AU
projects and programs as well as coordination with the Regional Economic
Communities (RECs)

Aarhus Convention of 1998

The United Nations Economic Commission for Europe (UNECE) Convention on

Access to Information, Public Participation in Decision-Making and Access to Justice
in Environmental Matters was adopted on 25thJune 1998 in the Danish city of Aarhus
at the Fourth Ministerial Conference as part of the "Environment for Europe" process.
It entered into force on the 30 of October 2001 27. It establishes a number of rights of
the public (individuals and their associations) with regard to the environment. The
Parties to the Convention are required to make the necessary provisions so that public
authorities (at national, regional or local level) will contribute to these rights to
become effective. The Convention provides for,
- The right of everyone to receive environmental information that is held by public
authorities ("access to environmental information"). This can include information
on the state of the environment, but also on policies or measures taken, or on the
state of human health and safety where this can be affected by the state of the
environment. Applicants are entitled to obtain this information within one month
of the request and without having to say why they require it. In addition, public

27
UNECE Convention website

28
 authorities are obliged, under the Convention, to actively disseminate
environmental information in their possession.
- The right to participate in environmental decision-making. Arrangements are to be
made by public authorities to enable the public affected and environmental non-
governmental organizations to comment on, for example, proposals for projects
affecting the environment, or plans and programmers relating to the environment,
these comments to be taken into due account in decision-making, and information
to be provided on the final decisions and the reasons for it ("public participation in
environmental decision-making").
- The right to review procedures to challenge public decisions that have been made
without respecting the two aforementioned rights or environmental law in general
("access to justice").
It has a basic and inclusive approach in dealing specifically with the environment
by providing the opportunity for parties to assess their own implementation through
their national report which are regularly submitted to the Aarhus convention secretariat
and must notify the act of non-compliance by other parties. The Aarhus Convention
moves towards the creation of a global environmental democracy due to the fact that it
recognizes the rights of citizens. It observes the participative as well as deliberative
means of fulfilling the environmental duty of conservation and protection of the
environment as fundamental for the preservation of the interests of future generations.
The Convention can be viewed as a step towards the creation of an environmental
citizenship, which is detached from national boundaries and encompasses basic rights
of the environment.
Article 1 states that,
“In order to contribute to the protection of the right of every person of present
and future generations to live in an environment adequate to his or her health and well-
being, each Party shall guarantee the rights of access to information, public
participation in decision-making, and access to justice in environmental matters in
accordance with the provisions of this Convention”.
This provision underlines, unlike most multilateral environmental agreements
which cover obligations that Parties have to each other, that the Aarhus Convention

29
imposes a clear obligation on its Parties and public authorities towards the public, as
far as access to information, public participation and access to justice are concerned 28.
Article 1 also outlines the role of the State in reaching this goal. Thus, it is up to the
State to provide for the necessary administrative, legal and practical structures which
shall guarantee the basic three rights covered by the Convention. This represents a new
approach of the role of the State. Instead of solving ecological problems itself, the
State acts as a sort of referee in a process involving larger social forces, leading to a
more organic and complete result.
From the spatial dimension point of view, the Convention aims at influencing
international practice beyond the limits of the UNECE region. In the words of the
Secretary General; “Although regional in scope, the significance of the Aarhus
Convention is global29.”
Indeed, the global relevance of the Convention is further enhanced by the fact
that according to Article 19(3), membership is not only open to State members of, or
States having consultative status with the UNECE but also to any other State which is
a member of the UN, upon approval by the Meeting of the Parties. Furthermore,
Article 3(7) explicitly requires State parties to promote the application of the principles
of the Convention in international environmental decision-making processes as well as
in matters relating to the environment within the framework of international
organizations30. International environmental decision-making processes includes
bilateral or multilateral decision-making related to shared natural resources, as well as
the decisions of bodies established through International Conventions. It can as well
comprise international forums, as the United Nations General Assembly, which has a
potential environmental influence. According to the Implementation Guide of the
Aarhus Convention it should also include; Conferences of States on environmental
issues, such as the 1992 Rio Conference or the periodic ministerial meetings
“Environment for Europe” or “Environment and Health.” Working groups charged

28
The Arhus Convention: an Implementation Guide, at P.1.
29
This actually exemplifies the ‘desire of UNECE to continue to produce environmental agreement that is at
least potentially beneficial at the global level’. See also Morgera E. (2005), “An update on the Aarhus
Convention and its continued Global Relevance” RACIEL, at. P.138
30
O.p cit. at.p.138

30
with the negotiation of international legal instruments would also fall under this
category31.
In matters relating to the environment, Parties are also obliged to promote the
Aarhus Convention’s principles in respect of international organizations. Such
organizations include, according to the Implementation Guide, Multilateral lending
institutions such as the European Bank for Reconstruction and Development,
specialized agencies and other organizations in the United Nations system such as the
World Bank and the World Trade Organization, and special international organizations
formed for specific tasks, such as the reconstruction of post-war infrastructure in the
Balkans.
The inclusion of this provision shows the manner in which the Convention
declares that also at the international level the recognition of the environmental rights
of the individual and of organizations is fundamental towards the construction of
environmental democracy.
Finally, the Convention establishes the global grounds for future developments of
environmental procedural rights as means of enjoying the substantive right to a healthy
environment and fulfilling the environmental duties. Thus, the global dimension
recognizes the abovementioned environmental rights and duties at the global level, and
entails also a global citizenship which passes beyond national boundaries.
After looking at the various international instruments, before we examine the
national laws with respect to the protection of the environment in Cameroon, note
should be taken that Cameroon has signed and ratified most of the treaties and their
possible impact with respect to the domestication process has to do with ;
The rule of Pacta Sunt Servanda where by parties are oblige to respect their
obligations Vis a Vis the treaty signed. It is the principle in international law which
says that international treaties should be upheld by all the signatories. The rule of pacta
sunt servanda is based upon the principle of good faith.

31
The drafting of the protocol on water and health to the convention on the protection and use of transboundary
watercourse and international lakes in one process in which many of the principles of the Aarhus convention has
already been applied. The protocol’s negotiating parties expressly took the Aarhus convention into account. This
may be contrasted with the protocol to the convention on long-range trans-boundary Air Pollution to Abate
Acidification, Eutrophication and ground –level ozone, which has good active information provisions but did not
follow Aarhus principles on passive information. The Aarhus convention: an implementation Guide, at p. 45-47.

31
 The ratification process, through the procedure of ratification which provides
under Cameroon Constitution, the President negotiates and ratifies treaties and
international agreements. Ratified treaty and international agreements override
national laws, once the treaty is approved, ratified and published. article 43 provides "
The President of the Republic shall negotiate and ratify treaties and international
agreements. Treaties and international agreements failing within the area of
competence of the Legislative Power as defined in Article 26 above shall be submitted
to Parliament for authorization to ratify" article 44 provides “Where the Constitutional
Council finds a provision of a treaty or of an international agreement
unconstitutional, authorization to ratify and the ratification of the said treaty or
agreement shall be deferred until the Constitution is amended." and article 45
provides" Duly approved or ratified treaties and international agreements shall,
following their publication, override national laws, provided the other party
implements the said treaty or agreement." bringing in the most important effect of
ratification which is that it becomes binding on a state and the state becomes party to
the said treaty. Most of the laws are both influenced by international instruments (both
"hard" and "soft" law)
 NATIONAL
This heading seeks to examine those national Institutions which have to do with the
protection of environment. In this light therefore, we shall examine the following;
 Laws

The 1996 Constitution as amended in 2008

• The Constitution of Cameroon is the supreme law of the Republic. Adopted in

1972, the Constitution outlines the rights guaranteed to Cameroonian citizens. The
Constitution begins with a preamble which provides that, the human person,
without distinction as to race, religion, sex or belief possesses inalienable and
sacred rights and its attachment to the fundamental freedoms enshrined in the
Universal Declaration of Human Rights, the Charter of the United Nations and
The African Charter on Human and Peoples' Rights, and all duly ratified
international conventions relating thereto, in particular, to the following principles

32
 that all persons shall have equal rights and obligations. The State shall provide all
its citizens with the conditions necessary for their development and the State shall
ensure the protection of minorities and shall preserve the rights of indigenous
populations in accordance with the law and also provides that the law shall ensure
the right of every person to a fair hearing before the courts. For every person shall
have a right to a healthy environment. The protection of the environment shall be
the duty of every citizen. The State shall ensure the protection and improvement of
the environment.

The 1994 Forestry and Wildlife Law

It provides clear orientations toward sustainable forest use in Cameroon. It was

seen as very innovative when adopted. Over time, it has become more controversial.
As a very decentralized government, subsidiary legislation to regulate the details of
activities at a general level were slow to be issued, and the capacity of the Government
to promptly issue follow-up legislation has generally been considered an obstacle to
the full implementation of legislation in the forestry sector.
The Forest Code is the most important law regulating forests, fauna and fisheries
in Cameroon. It permits the zoning of all of Cameroon’s forest lands as planned by the
1993 zoning system. It also introduces the concept of community forests for the first
time by allowing forests outside the permanent domain that are less than 5,000
hectares to be divided and managed by “communities” or villages. Order No 2001/
0518/MINEF/CAB of December 21, 2001 specifies additional community rights in
acquiring community forests under the Forest Code.
The 1994 Forest Code limits community rights, however. It grants some usage
rights while stipulating that: “usufruct rights (or customary rights) are those
recognized to local populations to exploit all forest, wildlife and fish products, with the
exception of protected species, for their personal use. They may be temporarily or
permanently suspended when the need arises for reasons of public interest.” They exist
unless suspended or terminated by the minister for public purposes, in accordance with
the legislation applicable to expropriation of land for public purposes (Forests,
Wildlife and Fisheries Law, Article 8). Unfortunately, the terms for exercise of these
rights have not been established by decree. As a result, there are no coherent standards
33
or procedures to institute customary law in practice. The interpretation of these usage
rights therefore differs from one forest stakeholder to another, leading to disputes.
A major point of contention with the 1994 Forest Code is its failure to recognize
indigenous peoples’ rights to the lands, territories, and resources they have
traditionally owned, occupied or otherwise used and acquired. This has been a major
issue during Cameroon’s recent Forest Code reforms. Civil society organizations
worry that the process for reviewing the Code and the content of the new drafts raise
questions about the government’s intentions to honor indigenous rights and other
forest-based communities with respect to their historic lands and resources.
Section 11 provides that “the state shall ensure the protection of the forestry,
wildlife and fishery heritage32”

The 1996 Environmental Management Framework Law

The framework law outlines that everyone has a right to a healthy environment.
Everyone has the right to be informed about the harmful impacts of environmentally
harmful activities on human health and to be informed on how to prevent or
compensate such impacts. The law defines the conditions for exercising these rights.
This law governs environmental management in Cameroon which stands as the
main environmental law enacted as a result of the 1992 Rio declaration which took
place in Rio de jeneiro. The law lays down the general legal framework for
environmental management in Cameroon. Its section 6 and 7 provides that all persons
should have sufficient knowledge about the negative effects of any harmful activities
on their environment. Its part three talks of how the government has to take charge
with the drawing up of a national environmental management plan and how the
government shall ensure that this plans are put into laws, regulations and policies.
The law does not only provides for the implementation of environmental laws but
also provides access to justice in case of any environmental harm, liability, sanctions
establishment of infringements and even means of arbitration. This is seen in its
Sections 77-93 of the law.

32
http://www.droit afrique.com\images\texts’\cameroun%20%20Loi%20foret.pdf and http://laga
enforcement.org\portals\0\documents\legal%20documents\cameroon\legal Cameroon_law_eng_%20law%20N
%2094%20of%2020%January%201994.pdf.lastly Visited on September 2016.

34
 Other laws do exist which comes to complement the environmental code. Such
laws include;
It provides for the ways in which any form of exploration and exploitation
process has to be carried out in Cameroon taking into consideration of the gravity of
its environmental harm on the population leaving in the said area. This law also
provides for the procedure in which exploration and exploitation has to be carried out
which should be in conformity to environmental law rules.
Section 5 states that “the laws and regulation shall guarantee the right of
everyone to a sound environment and ensure a harmonious balance within ecosystems
and between the urban and rural zones”, section 6(1) and (2) provides that “public and
private institutions shall, within the context of their competence, sensitize all the
population on environmental problems and the institutions shall consequently include
programs in their activities to provide better knowledge of the environment”. Sections
7(1) and (2), states that “all persons shall have the right to be informed on the negative
effect of harmful activities on man, health and the environment, as well as on the
measures taken to prevent or compensate for these effects, and a decree shall define
the context and conditions for exercising this right”. This law does not only provide
for obligations with respect to the environment but also provides for environmental
sanctions as per section 79-87 of the 1996 law on environmental management.
It lays the framework of environmental management under the Forest Code. It
includes the right of access to environmental information and a “Polluter Pays
Principle33”. The Polluter Pays Principle provides that one who pollutes must pay for
the mitigating costs associated with their conduct, including measures aimed at
preventing, reducing and combating pollution, and costs associated with rehabilitating
polluted areas. Section 9(d) of the Forest Code also imposes liability for causing
environmental harm, stating that “any person who through his actions creates
conditions likely to endanger human health and the environment shall eliminate or
cause the said condition to be eliminated in such a way as to avoid the said effects.”

33
(section 9(c))

35
The 1998 law on Dangerous substances

It addresses establishments classified as dangerous, unhealthy or inconvenient.

Sections 5, 7, 9 and 12 state that “the person in charge of such establishments must
carry out a risk study before initiating such an establishment. The law also stipulates
that a safety zone must be set up around such establishments prohibiting dwellings and
any activity incompatible with this operation. Polluting establishments are subjected to
an annual pollution tax, and those who take actions to protect the environment profit
from a deduction on their taxable profit according to the methods stated by the finance
law.

CONCLUSION

In other to conclude it is submitted that the provisions of environmental law are not
enough guarantee for the protection of individual participation and justice and as such,
there is the need to look beyond these instruments in protecting individual’s rights
with respect to their environment.

36
 CHAPTER TWO

AN ANALYSIS OF INDIVIDUAL RIGHTS IN ENVIRONMENTAL

MATTERS

Introduction

Environmental rights mean access to the unspoiled natural resources that enable
survival, including land, shelter, food, water and air. This chapter seeks to explain the
various categories of rights that individuals have in the course of exploring their
environment. Such rights range from statutory, common law and human rights. The
preamble of the Cameroonian constitution makes it crystal clear that the human
person, without distinction as to race, religion, sex or belief, possesses inalienable and
sacred rights; Joined to the fundamental freedoms enshrined in the Universal
Declaration of Human Rights, the Charter of the United Nations and The African
Charter on Human and Peoples' Rights, duly ratified international conventions relating
thereto, shall provide all persons with equal rights and obligations. The State shall
provide all its citizens with the conditions necessary for their development, the State
shall ensure the protection of minorities and shall preserve the rights of indigenous
populations in accordance with the law, freedom and security shall be guaranteed to
each individual, subject to respect for the rights of others. What is therefore left is to
ensure the respect of these rights of individuals.
In other countries including some of the African countries like Nigeria and
South Africa, they have created laws and establishment with respect to implementation
of environmental democracy. The government with respect to these laws created,
ensures that individual environmental rights are not violated. These rights include
amongst others collective rights, the right to know, right to decide and the right to
assist
 COLLECTIVE RIGHTS
Collective rights are rights exercise in a group manner because individual human
rights do not guarantee adequate protection for indigenous peoples and other
minorities, these groups face various threats to their livelihoods, to their environments,

37
to their health and to their security, and their very survival may depend upon the
recognition and protection of their collective rights. Collective rights guarantee the
development and preservation of ethnic minorities' cultural identities and forms of
organizations.
The Cameroon environmental management law of 1996 recognizes these rights
in its Sections 7-9. Collective rights are intergenerational, that is, land rights must be
understood from the perspective of the present generations having inherited the
territory of the previous generations, and are obliged to pass it on to future generations.
For this reason, indigenous territory should not be classified as property but rather as
inheritance or patrimony. For many indigenous peoples, territory is not only a physical
space but also where productive systems like fishing, hunting, agriculture, extractive
activities and so forth are carried out in a self-reliant manner. Collective rights over
biodiversity result are the preservation and maintenance of knowledge, innovations
and other practices based in nature. The conservation and sustainable use of biological
diversity is incorporated into the traditional lifestyles of indigenous and black
communities, famers and local people.
The question that demands an answer is how this group of persons can exercise
their collective environmental rights. This can only be done if an opportunity for a
forum of discussion is provided. However, the obligation to provide such forum is on
the state.
 THE RIGHT TO KNOW
This right is one of the fundamental rights in environmental matters. People have
the right to play an active role in protecting their environment, and access to
information is the key to securing this right. There is a great deal of secrecy
surrounding the activities of corporations and their financial backers around the world.
Governments too often collude with these schemes to keep illegal, unethical or simply
unpopular projects and processes away from public scrutiny.
In response, communities and individuals are calling for information disclosure
when activities impact the environment or people. Campaigners and citizens are
making use of “right to know” provisions at the national and international levels to
acquire such information

38
 Sections 6 and 7 of the environmental management Law in Cameroon provides
that all persons should have sufficient knowledge about the negative effects of any
harmful activities on their environment especially when it has to do with chemical
substances on the environment.
The right to access information with respect to the environment according to the
law proves that this right is obligatory. But the question to be asked here is can
everyone who is in need of information go to the authorities concern and it is just
given to him or her? The answer is no, for there are formalities that have to be
followed before such information can be given.
The effect of these provisions clearly demonstrates that, the information can
neither be gotten without the necessary formalities followed.
 THE RIGHT TO DECIDE
The State should ensure that when a review process is carried out where
previously unconsidered environmentally significant issues or circumstances have
arisen, the public should be able to decide and participate in any such review process
to the extent that circumstances permit There are no practice indicators for this
Guideline because the implementation for this could vary on a case by case basis and
could not adequately be measured without significant testing and/or research.
Even when sufficient information is provided about a particular project or plan,
people, and particularly marginalized groups like indigenous people, people of color
and women, are not always allowed access to decision-making channels.
The right to decide is crucial to people's self-determination, a fundamental
principle in human rights law that holds that people can “freely determine their
political status and freely pursue their economic, social and cultural development34”
The principle of free, prior and informed consent requires securing the consensus
of all members of a group to a project within their area, it requires that communities
confer amongst themselves according to their customary decision making systems and
through their own representative institution adequate time, a full and transparent
provision of information in appropriate forms and languages, and the absence of
duress, intimidation, threat and negative incentives are all required.

34
UN International Covenant on Civil and Political Rights.

39
1.1.1.1. THE RIGHT TO RESIST

When people’s environment and human rights are threatened, they have the right
to safely express their discontent through protest. The right to freedom of opinion and
expression is a well-established civil and political right in both national and
international law, and is fundamental to the concept of democracy and the respect of
human dignity.
Article 19 of the Universal Declaration of Human Rights states that: “Everyone
has the right to freedom of opinion and expression; this right includes freedom to hold
opinion without interference and to seek, receive and impart information through any
media and regardless of frontiers,”
And Article 3 maintains that: “Everyone has the right to life, liberty and security
of person.”
Nonetheless, environmental and human rights activists all over the world are
often denied these rights when their ideas and actions conflict with the status quo.
Their lives may be put at risk when they offer resistance.

1.1.1.2 PROCEDURAL RIGHTS

The contemporary conception of procedural rights can be traced back to the

1948 Universal Declaration of Human Rights, which stipulated that citizens should be
provided with instruments permitting them to voice their opinions in decisions
affecting them35 to participate in the decision-making process 36 and to have the
possibility of redress in cases where decisions impinged their rights37.
These rights are also very important in the field of environmental law and it has
been argued that they represent a relationship of individual/human rights, democracy
and environmental protection38. The absence of agreement among States continued at
the Stockholm Conference with regard to the pronouncement of a substantive right to
the environment. This led scholars to consider human rights in a more instrumental
approach, and to grant substance to environmental rights by identifying those rights,
35
Art. 19
36
Art. 21
37
Art.8
38
Handi G (1992).: “Human Rights and Protection of the Environment”: a mildly “revisionist” “view”, in :
Human Rights, Sustainable Development and the Environment, ed A.A. Cancado Trindade, San Jose, PP. 117-
142 at 139-40

40
the enjoyment of which could be considered a precondition for useful environmental
protection39. In particular, they focused on the procedural right to environmental
information, public participation in decision-making and remedies in the event of
environmental damage.

1.1.1.3. SUBSTANTIVE RIGHTS

It should be noted that, a diversity of expressions has been employed to express

a potential substantive environmental right. For example, a right to a “healthy
environment”, a “clean environment” and also a “right to environment” has been
frequently expressed. The right to a “decent environment”, a “safe environment”, an
“adequate environment”, a “satisfactory environment”, and a “viable environment” has
been utilized as well. And the list is not complete, as there have been a variety of other
terms40. The common feature of all of these expressions is that they have been used
with regard to the potential development of a substantive environmental right 41. The
employment of diverse expressions mirrors also the general absence of the accepted
advancement to a universal substantive environmental right42.
Indeed, inside the field of international environmental law, there is no treaty that
specifically and expressly establishes a universal substantive environmental right.
Nevertheless, certain international declarations and reports have acknowledged links
between human rights and the environment.
At Stockholm in 1972 the UN Conference on the Human Environment stated
that, “Man has the fundamental rights to freedom, equality and adequate conditions of
life in an environment of a quality that permits a life of dignity and well-being 43”.
In the Brundtland Report, entitled Our Common future, published in 1987, the
World Commission on Environment and Development adopted a catalogue of legal
39
See e.g.Kiss A. (1990): “peut-on definer le droit de l’homme l’environnement?”, Rev. Juridique de
l’environnement, 1976, at p. 9-15 ; Kiss A. : « le droit de la conservation de l’environnement » , Rev. Univ. Des
Droit De L’Homme, at .p. 445.
40
Recently Turner in his essay A Substantive Environmental Rights has presented a draft suggesting the
formulation “the human right to a Good Environment” that represents an attempt to encompass a right to a good
clean and healthy environment in which all ecosystems and natural systems are protected for all peoples. See
Turner S.J (2009): a substantive environmental right, at pp.221-222
41
The reflect in addition the fact that some authors examine the question in terms of an anthropocentric right
while others include the environment, including ecosystem and natural systems.
42
Turner S.J: op.cit at p.17.
43
Declaration on the Human Environment, Principle 1, Report of the United Nation Conference o the Human
Environment, New York 1973.

41
principles for environmental protection and sustainable development. The first of
which reads
“All human beings have the fundamental right to an environment adequate for
their health and wellbeing44”
Twenty years after the Stockholm Conference, at the Rio Conference on
Environment and Development, in 1992, this initial emphasis on a human rights
perspective has not been maintained 45. Avoiding the terminology of rights altogether,
the Rio Declaration merely asserts that:
“Human beings are at the center of concerns for sustainable development. They
are entitled to a healthy and productive life in harmony with nature46.”
As the doctrine has emphasized, the Rio Declaration’s failure to award a larger
enunciation to human rights is symptomatic of the continuing indecision and debate
relating to the appropriate place of human rights law in the development of
international environmental law47. This has pushed the UN Sub-Commission on the
Prevention of Discrimination and Protection of Minorities to embark on a study on
human rights and the environment. The final Report of 1994 48 proposes a notion of
human rights and their interaction with the environment. Moreover, the Sub-
Commission goes on to suggest a declaration of “Principles on Human Rights and the
Environment.” The, principles proclaim that:
“All persons have the right to a secure, healthy and ecologically sound
environment”, and that “ all persons have the right to an environment adequate to meet

44
Dejeant-pons M. (2002) “human rights, environmental procedural rights”, in human Rights and the
environment, ed. Dejeant-pons M. and Pallemaerts M., Srasbourg, at pp. 23-46.
45
Shelton (1992), “what happened in Rio to human rights?” Year Book International Environmental Law, at pp.
82-93.
46
Declaration on Enironment and Development, principle 1, report of the UN Conference on Environment and
Development (UNCED). THE unced WAS HELD IN Rio de Jeneiro (Brazil) from 3 to 14 June 1992 and was
attended by 178 states, more than 50 intergovernmental organizations and several hundred non-governmental
organizations (NGOs). The European Union also attended the conference. In addition to the signing by more
than 150 states of the United Nations Framework Convention on Climate Change and the convention on
Biological Diversity, the conference adopted three non-binding instruments: the rio Declaration, the UNCED
Forest Principles and Agenda 21.
47
Shelton, op.cit at pp. 82-93; Boyle A. (1996) “the role of international human rights law in the protection of
the environment” in: human rights approaches to environmental protection, eds. A. Boyle and M. Anderson,
Oxford, at pp.43-69.
48
Ksentini Report: final Report, UN Doc. E\CN.4\Sub.2\1994\9.

42
equitably the needs of present generations and that does not impair the rights of future
generations to meet equitably their needs49.”
Despite the fact that some of the principles have become recognized as norms of
customary international law50, the majority of the principles amount only to soft law 51
and as such are not legally binding upon the States. A better attempt to recognize
substantive rights can be found in the Preamble of the Aarhus Convention, where it is
recognized that:
“Adequate protection of the environment is essential to human well-being and
the enjoyment of basic human rights, including the right to life itself” and “also that
every person has the right to live in an environment adequate to his or her health and
well-being.”
The explicit acknowledgment of the right to a healthy environment in the Aarhus
Convention adds weight to its operative provisions for the implementation of the
procedural rights. Moreover, it emphasizes the legal and philosophical theories in
support of these rights. As it has been stressed, the meaning of the abovementioned
sentences shows that, “they are not ends in themselves, but are meaningful precisely as
means towards the end of protecting the individual’s substantive right to live in a
healthy environment52”. It does not, however, have immediate legal consequences, as
Article 1 does not as such entail any specific obligations on parties beyond those laid
down in the other provisions of the Convention as Article 1 affirms:
“In order to contribute to the protection of the right of every person of present
and future generations to live in an environment adequate to his or her health and well-
being, each Party shall guarantee the rights of access to information, public
participation in decision-making, and access to justice in environmental matters in
accordance with the provisions of this Convention”.

49
Boyle A. (2000): op. cit at pp. 43-69; see also Hayward T(2000) “constitutional environmental rights: a case
for political analysis” political studies, vol. 48, at pp.558-572
50
Example art. 21 of Rio Declaration is widely regarded as reflecting customary international law; see Sands p:
(2003) “principles of international environmental law”, Cambridge, at p. 146.
51
Soft law refers to rules that are neither strictly binding in nature nor completely lacking legal significance. In
the context of international law, soft law refers to guidelines, policy declarations or codes of conduct which set
standards of conduct. However, they are not directly enforceable.
52
Pallemaerts M. (2002): “introduction: human rights and environmental protection”, in human rights an the
environment, ed M. Dejeant-pons and M. Pallemaerts, Strasbourg, pp. 11-21, at p. 18.

43
 Numerous arguments in favor of procedural rights can be identified, rather than
in favor of substantive rights. First, the individuals who make the decisions are the
same as those who pay for the results of the decisions. Second, it is very complicated
to reach a unique accurate formulation of a substantive right to a decent environment
since the quality of the environment is a value judgment, which is too complex to
codify in legal words, and which will differ “across cultures and communities 53”.
Thus, laying the emphasis on procedural rights helps not only shape domestic
environmental policy, but might also smooth on the progress of resolving trans-
boundary environmental policy, as well as disputes in this regard, in particular where
those primarily impinged on are individuals. Finally, in comparison to substantive
rights, the mechanisms which procedural rights depend on are more politically
acceptable and have acquired important international support, not only in soft law but
also in binding treaties. The Rio Declaration states that:
"Environmental issues are best handled with the participation of all concerned
citizens at the relevant level".
Moreover, Principle 10 adds that:
“Each individual shall have appropriate access to information concerning the
environment that is held by public authorities, including information on hazardous
materials and activities in their communities, and the opportunity to participate in
decision-making processes. States shall facilitate and encourage public awareness and
participation by making information widely available. Effective access to judicial and
administrative proceedings, including redress and remedy, shall be provided54”.
How it has already been underlined, the most important binding instrument in
which procedural rights are recognized is the Aarhus Convention which will we
examined in detail in Chapter 3. This Convention emphasizes connections between

53
Anderson M.R. op.cit at pp. 43-59, in human rights approaches to environmental protection, eds. A. Boyle and
M. Anderson, Oxford, at pp. 1-23.
54
The world charter for nature, which was adopted by the UN GA on 28 October 1982 (resolution 37\7),
imposes certain obligations on states an on individuals with a view to enforcing the principles which it sets forth.
It specifies, in particular that “all persons, in accordance with their national legislation, shall have the
opportunity to participate, individually or with others, in the formulation of decisions of direct concern to their
environment, and shall have access to means of redress when their environment has suffered damage or
degradation. M. Deajeant-pons. “Human rights environmental procedural rights” at pp. 23-46.

44
“environmental goals, participative democracy and individual rights, all of which are
components of the current interest in environmental democracy55”.

1.1.1.4. ENVIRONMENTAL DUTIES

As we have already seen, the main features of the ecological citizens are related
to the obligation and duty to protect the right of future generations according to the
principle of intergenerational equity. Indeed, our actions affect the natural system and
we alone have the capacity to shape significantly our relationship with the
environment. We can use it on a sustainable basis, or we can degrade environmental
quality and the natural resource base. Nevertheless, as part of the natural system, we
have no right to destroy its integrity. As “the most sentient of living creatures, we have
a special responsibility to care for the planet56”.
Moreover, responsibilities vis-à-vis all members of our species exist: past
generations, present generations and future generations. How it has been argued by
Weiss57 in his essay titled “Fairness to Future Generations”, that the human holds the
Earth in trust for future generations. Indeed, the principle of intergenerational equity
forms the basis of a set of intergenerational obligations and rights, or planetary rights
and obligations that are held by each generation. Planetary rights and obligations are
correlated integrally. They are rights “of each generation to receive the planet in no
worse condition that did the previous generation to inherit comparable diversity in the
natural and cultural resources bases, and to have equitable access to the use and
benefits of the legacy. They represent in the first instance a moral protection of
interests, which must be transformed into legal rights and obligations58.” It has been
underlined by D’Amato “that future generations cannot have rights, because rights

55
Steele J. (2001): “participation and Deliberation in Environmental law: exploring a problem –solving
approach”, oxford journal of legal studies, vol. 21, at pp. 415-442.
56
Brown Weiss E. (1990): “our rights and obligation to future generations for the environment”, American
journal of international law, pp.198-207, at p, 199; see also Brown Weiss E. (1989): fairness to Future
Generation: international law, common patrimony and integration equity, Tokyo. Moreover the fulfilment
generation becomes living generations; they have certain rights an obligation to use and care for the planet that
they can enforce against one another. Were it otherwise, members of one generation could allocate the benefits
of the world’s resources to some communities and the burden s of caring for it to others and still potentially
claim on balance to have satisfied principles of equity amongst generations”.
57
University of Heidelber is an outstanding legal scholar who has taught and published idely on issues of
international law especially on international environmental law. Stanford A.B;J.D, Harvard; PHD, University of
California, Berkeley ; LL.D(HON), Chicago-kent;LL.D.(HON)
58
Brown Weiss E. op.cit, pp. 198-207,at p 203

45
exist only when there are identifiable interest, which can only happen if we can
identify the individuals who have interest to protect. Since we cannot know who the
individuals in the future will be, it is not possible for future generations to have
rights59”. This approach presupposes the classic theoretical structure of rights as rights
of “identifiable individuals”. Nevertheless intergenerational rights are not rights
possessed by individuals. They are, instead, generational rights, which must be
conceived of in the temporal context of generations60.”
Intergenerational planetary rights and duties may be considered as group rights,
separate from individual rights, in other words, generations hold their rights and duties
as groups in relation to other generations, past, present and future. They exist in spite
of the identity of individuals making up each generation. When “held by members of
the present generation, they acquire attributes of individual rights, as procedural right
above examined, in the sense that there are an identifiable interest of individuals which
are protected by the rights61.”
The duties and obligations related to the ecological citizen can be found in
international law, but in general only in non-binding documents which merely exercise
a certain moral obligation. For instance, in the Draft Declaration of Principles on
Human Rights and the Environment of 1994, following the list of environmental
rights, Article 21 provides that:
“All persons, individually and in association with others, have a duty to protect
and preserve the environment”.
Another example is the Declaration on Responsibilities of the Present
Generations towards Future Generations adopted by the General Conference of
UNESCO in 199762. The second article provides that:
“All nations are urged to make every effort to ensure that future as well as
present generations enjoy full freedom of choice as to their political, economic and
social systems63”.
59
Amato A.D. (1990): “do we owe a duty to future generations to preserve the global Environment?” ajil, at p.
190.
60
Brown Weiss E. op.cit, at pp.198-207.
61
ibid
62
United Nation declaration on the responsibilities of the present generations towards future
generations .UNESCO-United Nation Educational, Scientific and Cultural Organization. (1997) n, New York.
63
United Nations (1997) article 2. See also Gurtman A. and Thompsom D.F. (2005), Ethnics and Politics: cases
and comments, wadsworth at p. 249.

46
 Also, the Aarhus Convention has been identified as a measure of realization of
the abovementioned aim since the Convention links environmental protection to
human rights norms, raises environmental rights to the level of other human rights and
acknowledges the existence of an obligation to protect the environment for future
generations. According to the Ministers for Environment for the region of the United
Nations Economic Commission for Europe, the Convention “will promote responsible
environmental citizenship and better enable all members of society to fulfill their duty,
both individually and in association with others, to protect and improve the
environment for the benefit of present and future generations64”.

64
Fourth Ministerial Conference E nvironment for Europe, Aarhus, Denmark 23-25 June 1998 declaration by the
environment ministers of the region of the united Nation Economic Commission for Europe.(UN\ECE).

47
THE ACTORS OF ENVIRONMENTAL DEMOCRACY

Environmental crisis is pushing the citizens of the Earth to realize that the world
is one and that it has to be used and managed in a sustainable manner. States realize
now that they cannot create sustainable societies on their own, but that they have to
recognize a role for the civil society in the process of achieving environmental
objectives. It can be assumed that “sustainable development” is one of these
objectives, broadly committed to by governments around the world.
Moreover, citizens as well as governments have a role to play in carrying this
obligation which requires a process of democratization, due to the fact that economic
transformations, scientific-technological progress and daily life changes will not be
enough, for citizens’ participation in environmental decision-making is seen as
essential. The environmental participatory rights approach as well as the
environmental duties approach towards the promotion of ecological and environmental
citizenship must be established. Stress is placed on rights of access to information,
participation and access to justice.
Moreover, obligations vis-à-vis to the future generations is also emphasized by
affirming the need to protect, preserve and improve the state of the environment and to
ensure sustainable and environmentally sound development, and desiring to promote
environmental education to further the understanding of the environment and
sustainable development and to encourage widespread public awareness of, and
participation in, decisions affecting the environment and sustainable development. For
this reason, we will look at the various actors of environmental democracy.
 NON-GOVERNMENTAL ORGANISATION(NGOs)
Non-governmental organizations (NGOs) are groups of persons or of societies
which are freely created by private initiatives, which represent and pursue a specific
interest and which are not directly profit seeking. An important role a NGO could play
in environmental democracy is very relevant in the protection of the environment. The
crucial role played in society by environmental NGOs as an important channel for
articulating the opinions of the environmentally concerned public engaging a critical
public awareness is essential to a healthy democracy. By helping to empower

48
individual citizens and environmental NGOs to play an active role in environmental
policy-making and awareness rising.
As a medium between the individual and the State, NGOs can inform and call to
account the international legal process, they may represent interests which states do
not take up, push the agenda of States forward in respect of issues which they do take
up, or simply make alternative views available to inform and enrich the decision-
making process. For instance, interests represented in the environmental field might be
including those of minorities, as for instance indigenous peoples, environmental
refugees, future generations or nature.
It should be noted that the involvement of non-governmental actors is a specific
feature of environmental governance institutions. Recently, some national
governments have also included NGO representatives in official national delegations
sent to international negotiations or institutions. Furthermore, non-State actors can
play important and very supportive roles in each step of the process of developing,
implementing, and monitoring international environmental policies within
international environmental governance, more controversially, arguments have been
made for NGOs to have a role in compliance and dispute settlement on the
international level, particularly in relation to the enforcement of environmental
obligations.

II. CITIZENS.

Individuals play the role of protecting the environment on the one hand, in terms
of their personal behavior towards the environment and on the other hand, they may
act in association with others. With respect to the former, in other to protect the
environment, they have to fully exercise their environmental rights whereby each
individual must take into consideration the role it has to play. Such roles include;
• Making sure that every decision taken should be well implemented
• They should make sure that no dangerous chemical substance is use on the
environment
• Endeavor a kin follow up of the project from the beginning right up to its final
stage

49
 • To make sure that let the justice rule which is provided by the convention be
highly stress out to the investors in case of any damage.
On the other hand, as concern the later, that is by acting in association with other
(investors or gents), the individuals have to make sure that they impose their rules
especially in relation to their customs and when doing that, they should not be
intimidated by the investors project especially about when they use the word “it is for
the welfare of their community”.
Also, another group of individual actors are the public concern. The public most
especially has the most important rule to play when it comes to implementing
environmental principle. This is so because the public has a more influential voice than
the other individual actors. Their voices are heard from afar and the state reacts
quickly to the cry.

CONCLUSION

In other to conclude, it is submitted that individual rights in environmental matters are

necessary for the protection of individuals. With these rights being respected,
accessing information or participating in issues with regard to the environment will be
easily handled.

50
 CHAPTER THREE

THE MEANING AND APPLICATION OF ENVIRONMENTAL

DEMOCRACY.

This chapter provides an overview of the main principle on which this

dissertation dwells. It identifies important elements arising from this principle,
describes the roles they play, and provides examples to illustrate some of the ways in
which they have been applied in Cameroon by giving an assessment of its application.

EVALUATION OF RIO’S PRINCIPLE 10

Principle 10 is one of the corner stone for sustainable development in the world
today. It is a tool for development in itself. With the enactment of this principle, many
nations and leaders became aware of the need to protect the environment from
dangerous substances for the future generation. This principle states that
“Environmental issues are best handled with the participation of all concerned citizens,
at the relevant level. At the national level, each individual shall have appropriate
access to information concerning the environment that is held by public authorities,
including information on hazardous materials and activities in their communities, and
the opportunity to participate in decision-making processes. States shall facilitate and
encourage public awareness and participation by making information widely available.
Effective access to judicial and administrative proceedings, including redress and
remedy, shall be provided”.
In assessing this principle, there are elements that need to be respected before
this principle becomes effective in the nation. In due cause we will examine the
various elements that arise from the principle in relation to the three (3) bodies that
accrue from this principle.

Elements Arising From Principle 10 of Rio

i) The Participation of All Concerned Citizens

Participation here refers to every one likely to be affected with respect to the decisions
concerning the environment. It comes in to give people or citizens the right to publicly
participate in environmental issues especially concerning activities in relation to their

51
environment being exploited and in other to provide citizens participation, a minimum
participation standard in environmental issues must be provided for the citizens.
ii) At the relevant level
Environmental relevance is a key component in environmental management. It
describes the relevant issue(s) that the management needs to address when identifying
the scope of his responsibility on the environment with respect to the citizens concern
for example; the town, city, or village in which such and activity is carried out, the
management must take into consideration the people who will be directly affected by
their action. The relevance here is a term that can be on the one hand be used for the
important issues in the environment that an organization should take into consideration
in their environmental work, things that we care about due to individual human health
such as noise and smell, laws and regulations. On the other hand it can be seen as an
environmental impact assessment examples include; waste, chemicals hazardous
substances and the impact on fauna and flora.
iii) At the National level
Every nation has to be well informed and fully take charge with the environmental
activities going on in their country and making sure that strict rules are being made
effected and control for the betterment of its citizens.
iv) Access to Information Concerning the Environment that is held by public
Authorities, including information on hazardous materials and activities in their
Communities.
The kind of information needed here relates to all necessary and relevancy that is
needed to be obtained by individuals with respect to their environment. This
environmental information is about accuracy which is relevant for the citizens to
effectively carryout their judgment and in turn give their opinion as to what they want
with respect to the change they need in their city or village for the betterment of the
community members and therefore the obligation to the state and company(s) in
charge of such environmental target to take into consideration when dealing with
citizens and their community of providing accurate environmental information. With
the right given, it will enable individuals and groups to be able to influence agency
decisions in a representational manner, especially when it has to do with toxic and

52
hazardous materials that will directly affect the earth’s natural resources especially
with respect to future generations.
v) The opportunity to participate in decision making process
For one to participate in any decision in relation to an activity, it will depend on
the kind of information heard which therefor means that if a wrong information is
being communicated, wrong judgments will be made. The decision making process
here refers to the citizens fully given their opinions as to what concerns them and
making sure that this decisions are being heard and well implemented and when the
final decisions are arrived at, it should be for the benefit of all citizens concern.
vi) States shall facilitate and encourage public awareness and participation by
making information widely available.
Every environmental project or decisions taken must be publicly announced or
published so that every citizen will be aware of the environmental activity that is going
on in the country. In publishing this environmental project, the state should make sure
that every environmental information is given and provide a forum for open
discussions for the appreciation and critics of the project and the rule applicable to it,
an when this opinions are being provided by the public, the state should take into
consideration those opinion and make changes were necessary.
vii) Effective Access to Judicial and Administrative Proceedings
Judicial and administrative proceedings provides for the state to provide well-
structured courts and procedural rules governing environmental law which provide
citizens right to seek justice in case of any damage caused that either affects their
surroundings, their life, or future generation.
viii) Redress and Remedy shall be provide
If there exist well-structured environmental courts were citizens can be able to
file in environmental complains on their civil rights in other to claim damages, this
courts now will in turn help the population concern to obtain redress and remedy
where necessary.
Looking at the various elements that arise from principle 10 of the Rio
declaration, we can see that this principle has a lot to give with respect to a nation.
From all this elements arising from this principle, there are three main bodies that have

53
to be well effective. These include; Access to information, Participation in Decision
Making and Access to Justice in Environmental matters. These three bodies shall be
examined differently.
A) ACCESS TO INFORMATION
When learning about public participation in an environmental context it is easy to
assume that it is an issue of only the past decades. Although there is a recent increase
in interest in public participation, countries like The Netherlands, Germany, Denmark
and Sweden, have had provisions concerning public participation and the freedom of
information in their legal systems since before the Middle Ages. These countries “have
continually faced the eternal struggle against the threats of the sea” and are well-
known for dike-construction, polderization and the reclamation of land. These
measures have been a necessity for living in these areas for centuries. Managing such
activities calls for public involvement and the oldest regulations known are the
Rüstinger Rules of Law, which facilitated such participation. Democracy and public
participation are closely connected and democratic nations like the US have included
elements for it centuries ago. The right to petition, for example, has been part of the
first Amendment of the US constitution since 1791.
Even in contemporary society, there are still relatively few binding provisions on
access to information and public participation in plans and projects dealing with
environmental matters. Most legislation are “soft law” which means that the nation
state is not obliged to abide by this law and that they can set their own provisions. The
handbook “Human Rights in Natural Resources 65” provides a good overview of the
sources of international law concerning public participation in environmental matters.
After World War II, public participation began to gain some international ground; the
Universal Declaration of Human Rights included several provisions on public
participation. Ideally, people should have the right and the opportunity to interfere in
all administrative processes and that they have a full right of standing in procedures
under civil law. “Public Participation laws serve to inject `new players'-citizens,
NGOs, indigenous peoples' interests, local communities, etc.-and therefore new
challenges into one or more stages of the developmental decision-making that were

65
ZILMAN (2002).

54
previously the province only of the project developer, landowner, financier, and
government officialdom.”
Before 1970, there was very little international law concerning the environment
and this was the case mostly because of “the Seventeenth-Century principle of the
sovereignty of nation-states, and its corollary, that states have exclusive sovereignty in
particular over their natural resources”, Meaning that states were solely responsible for
their own environment. In the 1960's, global attitudes started to change, even though
Principle 21 of the 197266 conference still declares that states have sovereignty over
their own natural resources when in agreement with the Charter of the United Nations.
Around this time, in the 1970's it became more evident that environmental exploitation
of one's own state does not just stay within boundaries and also affects other states.
Therefore, another provision in the Stockholm Declaration defines that states also have
the “responsibility to ensure that activities within their jurisdiction or control do not
cause damage to the environment of other States or of areas beyond the limits of
national jurisdiction”.
The United Nations Conference on Environment and Development in Rio de
Janeiro, also called the Rio Earth Summit was a major step towards public
participation as a human right and therefore a major step towards the Aarhus
Convention. Principle 10 of the declaration deals with public participation and states
that “environmental issues are best handled with the participation of all concerned
citizens at the relevant level”. The Rio Declaration then emphasizes the important role
of states in facilitating public participation by taking care of adequate and effective
access to information. Principle 20 deals with women's participation, Principle 21
deals with youth participation, Principle 22 promotes the participation of “indigenous
people, their communities and other local communities” and Principle 23 calls for the
protection of “the environment and natural resources of people under oppression”. By
including all these different groups, the Rio Declaration sets the stage for a common
vision on public participation in which everyone is allowed to participate. Declarations
are, like “principles”, and “agendas” sources of non-binding or “soft” law.

66
Declaration of the United Nations Conference on the Human Environment\STOCLkHOLM Declaration.

55
 The Rio Declaration adopted Agenda 21 which sums up what the important
points are on which the (United Nations Environment Programme) should concentrate.
These issues are for example, “the further development of international law” (of course
also including participation as a human right) and the promotion of sustainable
development. Agenda 21 calls for more efficiency in the implementation of
international environmental law. The freedom of access to information has to do with
creating “awareness”.
Pring and Noé67 mention some of the first provisions on public participation such
as the Environmental Impact Assessment (EIA) laws, as a tool for public participation.
These laws, that have their origin in the United States, are there to guarantee that the
impact on the environment of decisions is clear before the decisions are made. In this
way, the EIA laws combine development planning with environmental policy and also
public participation. There is not a direct provision on public participation but because
the impact on the environment needs to be known, consultation and access to
information is obviously essential. Since such an interactive process is necessary to
guarantee the success of EIA laws, public participation plays a role in almost all “EIA
schemes” and that is why these EIA laws are worth mentioning. It was not until 1985,
with the EC Directive on Environmental Impact Assessment, that international law
really started to require EIAs, since directives are a form of “hard” law. Since EIAs are
still required today and seem to be implemented throughout in Europe, they are an
important drive behind public participation.
With the emergence of the concept of sustainable development in the 1970's a
new era for public participation came about. Especially in the mid-1980's, after the
Chernobyl disaster68 occurred, public concern for environmental issues increased
tremendously. The report Our Common Future, by the Brundtland Commission played
a role of great significance with its new approach towards environmental problems,
highlighting sustainable development. The Rio Earth Summit in 1992 with Agenda 21
67
Pring G; Noe S.Y. (2002); “the emerging international law of public participation affecting global mining,
nergy and resource development”. In human rights in natural resource development: public participation in the
sustainable development of mining and energy resources, 1st ed. Zilman, D.M, Lucas, A,Pring G, eds; oxford
Unversity press New York, N.Y, USA, pp. 11-76.
68
The Chernobyl disaster (1986) also referred to as the chernobyl accident , was a catastrophic nuclear accident
that occurred on 26 April 1986 at the Chernobyl Nuclear power plant in the city of pripyt, an then located in the
Ukrainian Soviet Socialist Republic of the soviet Union(USSR). An explosion and fire release large quantities of
radioactive particles into the atmosphere which spread over much of the western USSR and Europe.

56
resulted in a plan of action for sustainable development which also included clauses on
public participation.
A major recent development in the field of public participation in environmental
issues in the EU is the Aarhus Convention or the Convention on Access to
Information, Public Participation in Decision-Making and Access to Justice in
Environmental Matters. Kofi A. Annan, then Secretary-General of the United Nations
said in reaction to the Aarhus Convention; states that;
"Although regional in scope, the significance of the Aarhus Convention is global.
It is by far the most impressive elaboration of principle 10 of the Rio Declaration,
which stresses the need for citizen's participation in environmental issues and for
access to information on the environment held by public authorities. As such it is the
most ambitious venture in the area of environmental democracy so far undertaken
under the auspices of the United Nations."
Pring and Noé69 call this Convention the “crucible” of international law on public
participation. This is the first piece of European legislation that combines
environmental rights and human rights and it is also the first document completely
about public participation in environmental matters. The Convention is based on the
premise that greater public awareness of and involvement in environmental matters
will improve environmental protection. It is designed to help protect the right of every
person of present and future generations to live in an environment adequate to his or
her health and well-being. The idea of the Aarhus Convention is that greater awareness
in environmental matters will help ensure a successful application of environmental
law. The Aarhus Convention has three pillars. All EU member states are party to the
Convention and Council Decision 2005/370/EC approves the Convention as a whole.
The Aarhus Convention was adopted on the 25th of June 1998 in the Danish city
of Aarhus at the fourth Ministerial Conference on the “Environment for Europe”
process. It entered into force in October, 2001 and the process of ratification still
continues. The Convention is also open to accession for non-ECE (East-Central
European) countries and therefore countries like Kazakhstan and the Republic of

69
Pring G; Noe S.Y, o.p.cit .pp. 11-76.

57
Moldova have ratified it. This is a big step in these countries towards more democracy
and a better environment.
Every citizen needs information to rely upon when living in any society or
organization. It is the ability for citizens to obtain information in the possession of
public authorities. Citizens vested with the rights of access and effective information is
empowered to demand for accountability and responsibility on the part of the
government. Reliable information about the environment has to be made assessable to
all. Without this information, a citizen’s right to choose will be violated and therefore
not be able to participate in governmental issues. Cameroon as a whole is seen as a
democratic nation where by there is freedom of speech and expression and with this
notion, one expects information to be freely given and easily accessible by every
citizen, if such opportunities are not provided, we are likely to make poorly informed
choices.
Accessible and understandable information and the means and ability to
communicate are important for enabling people to participate in policy-making process
and the decision that affects their lives. It is an empowering tool and effective
intervention in the area of democratic governance which is central to sustain poverty
reduction. It is vital for strengthening accountability, transparency, participation and
rule of law.
The implementation of the right to freedom of expression and the right to
information are prerequisites for ensuring an open democratic society. This means that
the promotion and protection of both access to information and the flow of
information that exist between constituents in both men and women, government,
parliament, community groups, civil society organizations and the private sector are of
equal importance.
Environmental information includes information about air and water quality, for
example, and information about whether any hazardous chemicals are stored at a
nearby factory or information about the state of the environment. It motivates people
to participate in an informed and meaningful manner.

58
The Aarhus Convention

The Access to Information pillar has a passive and an active aspect. The passive
or reactive aspect deals with “the obligation on public authorities to respond to public
requests for information” so this is basically the right of the public to information they
want on environmental issues. The active aspect is mainly about the right to accurate
information and therefore the obligation of providing accurate environmental
information by for example “collection, updating, public dissemination” amongst
others. One important definition relating to this pillar is the one on “environmental
information” which is defined by the UNECE to include the following: “a non-
exhaustive list of elements of the environment (air, water, soil etc.); factors, activities
or measures affecting those elements; and human health and safety, conditions of life,
cultural sites and built structures, to the extent that these are or may be affected by the
aforementioned elements, factors, activities or measures”. There are some exemptions
relating to access to environmental information and they usually involve matters like
national defense, public security, justice and personal privacy. Before they are
imposed, these exemptions are reviewed very well and often face many restrictions.
The Convention gives people the right to public participation by setting some
minimum participation standards in environmental decision-making. These
requirements are similar to the ones for an Environmental Impact Assessment. The
public participation requirements are:
 The “public concerned” should be notified timely and effectively
 Time should allow for public participation
 Acquiring information should not cost the public any money
 The decision-makers should take into account the public's opinion
 The decision should be made public timely, with full text and reasons to back it
up
Access to Justice is the pillar that guarantees the right to justice in the following
contexts: “review procedures with respect to information requests, review procedures
with respect to specific (project-type) decisions which are subject to public
participation requirements and challenges to breaches of environmental law in
general”. This pillar supports the other two pillars and “also points the way to
59
empowering citizens and NGOs to assist in the enforcement of the law”. Besides
guaranteeing the right to justice in those three contexts, the pillar also requires that all
of the procedures in the three contexts are carried out “fair, equitable, timely and not
prohibitively expensive”.
A recent and very important development concerning public participation is the
recognition of it as a basic human right. This is the central theme of the Aarhus
Convention (1998). This Convention guarantees people the right of access to
information, public participation and the right to justice. Besides being a human right,
public participation is also one prerequisite for democracy. Therefore, it is often in a
government’s interest to make sure that the public is well-informed and able to
participate.
Besides the Aarhus Convention, there is yet another international instrument that
aims to incorporate public participation in decision making. The Protocol on Strategic
Environmental Assessment (SEA Protocol) supplements Environmental Impact
Assessment and it is a “process of evaluation of environmental effects (including
health) during the preparation of policies, plans, programmes and legislation”. The
SEA protocol basically aims to keep in mind health factors, social, economic and other
issues in strategic decisions. In order to achieve this, SEA should be conducted with
public participation; in this way, strategic decisions are made more transparent and
should limit harm to environment and health. One of the problems with this protocol is
that even though it was adopted in 2003 (after the Aarhus Convention) it is not
stronger at all. The SEA Protocol on the other hand, “covers only policies likely to
have a significant effect on the environment, including health, and it applies only to
the extent appropriate”. So the SEA Protocol puts a greater emphasis on what is
happening and what the effects are of a decision, while the Convention has a much
broader scope, and focuses on public participation in specific situations.
As stated above, all citizens have the right to participate in environmental
decision-making. Especially considering the recent enlargements of investment and
projects going on now in the Cameroon states,

60
THE ROLE IT PLAYS

 It enhances the government to quickly make response to public demands and

concerns
 It provides the government to build consensus, and to improve acceptance and
the compliance with environmental decisions so that citizens will feel
ownership over these decisions.
 It reforms the policy of the state
 It creates awareness for citizen’s integration into the activities of the state

ITSASSESSMENT

From the above cases, we can see that the government has made great efforts in
providing access to information with respect to the environment. Especially
information gotten from the environmental impact assessment study. From the above,
we can assess that the rate of access to information is low with a ratio of about 35% of
effectiveness of participation in Cameroon.

B) PARTICPATION IN DECISION MAKING

The most important role played by environmental citizens in environmental

protection is participation in decision-making. The origin of public participation is “the
right of those who may be affected, including foreign citizens and residents, to have a
say in the determination of their environmental future.” Public participation processes
commenced to emerge in the policies and environmental regulations of some States
since the late 1960s and 1970s. This phenomenon coincided with the political
disturbances around the world since the public started to ask for more democratic
governance and environmental protection. From the period of the 1970s to the early
1980s, doctrine and critics ever more highlighted the importance of citizens to achieve
economic development in an environmental manner. Consequently during the 1990s,
consultation and participation turned into the buzzwords of environmental decision-
making, “feeding on to broader discourses on “good governance” “environmental
justice” and “environmental citizenship.”
The protection of the environment should be incorporated more with the
involvement of its citizens in its environmental protection program because it can
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provide equitable decision. Access to participation is the opportunity for citizens to
provide informed, timely and meaningful input and influence decisions on the general,
strategies and plans at various levels and on individual project that has environmental
impacts. Individuals may for example, engage in electoral processes, testify at hearings
and meetings, serve on advisory committees, have direct contact with public officials,
express views and opinions through the media or engage in some form of protest
action. Whenever there is the need for participation in environmental matters, various
stakeholders (major non-governmental organizations, principal civil society
organizations, the state, the indigenous people, and the company etc.) will be involved,
bringing in their different opinions and interest which will be at stake. For this reason,
everyone will want his or her opinions to be implemented.
It is moreover the link between all three bodied: public participation cannot be
effective without access to information, as provided by the first body, nor without the
possibility of enforcement, through access to justice under the third body. The
Convention well beyond familiar techniques of consulting neighbors over sitting
decisions” to foresee public participation in decision making at three stages: with
regard to “decisions on specific activities, concerning plans, programs and policies
relating to the environment, and finally, in relation to the preparation of executive
regulations and/or applicable legally binding normative instruments.
I will begin with the first of these three stages, decisions permitting certain
activities listed in Annex I of the Convention as, for example, activities within the
chemical installations and waste management, or other activities which may have a
significant effect on the environment. Activities under Article 6 generally include
activities subjected to the environmental impact assessment (EIA) procedure under the
UNECE Espoo Convention on Environmental Impact Assessment in a Trans-boundary
Context. The EIA procedure is provided for in section 17-20 of the 1996
Environmental Code and in decree no. 2013/017/pm of 14th February 2013 relating to
the conditions of carrying out Environmental and Social Impact Assessment
particularly its section 10.
Participation should commence already early in the process, when options are
still open, and moreover, due account must be taken of the result of the public

62
participation. In fulfillment of this, required elements embrace public notice of the
projected activity, complete information on the planned activity, transparent
opportunities for public comment and participation, reasonable timeframes for
participation, and “the public concerned shall be informed, either by public notice or
individually as appropriate, early in an environmental decision-making procedure, and
in an adequate, timely and effective manner” of a number of matters relating to the
permit application. Thus, any member of the public has the right to submit comments,
information, analyses or opinions for the duration of the public participation
procedures. The public authority cannot refuse any such comments, information,
analyses or opinions by arguing that the specific individual was not a part of the public
concerned.
The second which has to deal with Development of plans and programs and
policies as per Article 7 of the Aarhus Convention. The Participation requirements
related to plans and programs are not specified in similar detail as in the case of Article
6. Public participation should take place in a transparent and fair framework and also
follow numerous of the principles which are provided under Article 6, as well as
realistic timeframes, early participation, and due attention of the result of the
participation Article 7 differentiates between plans and programs on the one hand, and
policies on the other hand. When the former are concerned, the provision includes
elements of Article 6, especially relating to the time-frames and occasions for public
participation, as well as the commitment to guarantee that public participation is taken
into consideration in practice. With respect to the regulation of policies, there is no
express incorporation of any of the principles of Article 6. The Implementation Guide
of the Convention has suggested cohesion with strategic environmental assessment
(SEA) as a method of implementing Article 7 through public participation procedures.
The obligation that States guarantee that “due account is taken of the outcome of
public participation” means that “there must be a legal basis to take environmental
considerations into account in plans, programmers and policies”.
Finally, Participation in the preparation of legal rules and legally binding norms
Article 8 Article 8 of the Convention addresses public participation in the preparation
of executive regulations and legally binding normative instruments. This provision is

63
“quite novel”, since it not only concerns individual decisions, or decisions by
independent agencies, but also legislative decisions. It stipulates that draft rules be
published or otherwise be made publicly available, that the public should be granted
the occasion of expressing criticism and commenting directly, or through
representative consultative bodies, and that the outcomes shall be considered as far as
possible. Moreover, Article 8 expands well beyond classic pollution or conservation
law, and could simply include, for instance, decisions on energy or transport. It should
be noted that this provision is even less precise than Article 7, and a justification for
this with regard to the applicability of the Convention to lawmaking can be found
when analyzing the drafting procedure. Here it can be seen that this issue was carefully
debated during the whole process of negotiations. Nevertheless, governments did not
agree to provide detailed requirements for parliaments, since they considered this to be
a prerogative of the legislative body.
The Convention can be viewed as a possibility given to States to interpret the
provisions in a different way and it could be a noteworthy political instrument in the
incorporation of environmental preoccupation into other policy matters.

THE ROLE IT PLAYS

 It improves the understanding of issues by all parties through exchange of

information
 It finds a common ground on which everyone can determine whether an agreement
can be reached on some issues.
 It highlights tradeoffs that must be addressed when making decisions
 It improves on the general understanding of the problems associated with the
project, as well as the overall decision-making process.
 It produces more public-preference in decision making on the part of the
administrator and a better appreciation of ones larger community on the part of the
public.
 It increases the public’s trust towards the government and will instead reduce a
widespread hostility against the state.

64
 It brings about better decisions taken and provides more efficiency benefits to the
rest of the society.
 It strengthens the relationship between the government and the citizens.
 It helps to protect the citizens as well as provide for equality and justice.

ITS ASSESSMENT

The participation which the government provides for the population is done after
an environmental impact assessment has been carried out, the ministry of environment
launches a public hearing which is announced and posted one month before the said
date fix and the hearing is located just around the project area. From the above, we can
assess that the rate of participation in decision making is low in Cameroon.

C) ACCESS TO JUSTICE

Access to Justice is the ability for citizens to obtain equitableness in cause of an

impartial wrong to resolve disputes over access to information and participation in
decisions that affect the environment. Such impartial arbiters include mediators,
administrative courts and formal courts of law, among others.
Cameroon has a peculiar legal system, which is reminiscent of its colonial
past. It is referred to as a bi-Jural Country meaning the dual application. Where the
French civil law applies in eight regions of the country, and the English common law
applies in the remaining two English speaking provinces. Alongside these two foreign
traditions, we also have the customary law, which constitutes a host of multiple
traditional rules and norms and Islamic law.
Since independence, attempts have been made to codify many areas of the law.
In substantive law, Cameroon has a single Penal Code, the Highway Code, the Land
Tenure Ordinance, Forestry, Wildlife and Fishery laws, the Environmental
Management Law, the Mining Code, the Water Law, the Environmental Impact
Assessment Law, the Biosafety Law, the Tourism Law, Protection Law, the Labor
Code, and the Bar Law amongst others.
One of the characteristics of criminal law is the principle of legality which states
that for any act to constitute an offence, it must be written by law. This principle of

65
legality70 can be seen in the 1996 constitution of Cameroon and the penal code. We
will identify some of the legislations that constitute the body of environmental
criminal law in Cameroon;
Complains about an environmental injustice is done at the brigade or the legal
department which will in turn take charge with investigating the gravity of the
environmental harm done and take measures to obtain justice for the harm done with
respect to the company causing such harm
Note should be taken that the money which is paid with respect to the
environmental damage caused is not given to the citizens but rather the money is
transferred to the national Fund for Forestry Management and sustainable development
even though it has not yet gone operational but that which is operational is the
National Fund for Sustainable Development. This money put here is use to create
projects or activities with respect to the environmental damage caused that can in long
term help us to prevent our environment. The money is used to provide subventions
and organize seminars.
a) The Penal Code71 as subsequently amended. This is one of the earliest laws
criminalizing wrongful environmental activities. It punishes air and water pollution,
adulteration of food stuffs, trespass to land, cruelty to animals, arson, obstruction of
the use of public highways or waterways to name a few.
b) The Forestry, Wildlife and Fishery Regulations of 1994 72. This is the first legislation
in the wake of environmental awareness in the 90s that provides for an integrated
approach to natural resource management and decentralization of environmental
resource governance. It confers special status to the staff of the forestry, fishery and
wildlife services. To identify, investigate and prosecute those offences as well as a
procedure for an amicable settlement of such criminal matters. This law is
complimented by its implementation decrees.
c) The Environmental Management Code of Cameroon73. This is the first law on
environmental management in Cameroon. It addresses divers’ aspects of the

70
According to section 17 of the penal code of Cameroon, “no penalty or measure may be imposed unless
provided by law, and except in respect of an offense lawfully defined.
71
Law no. 65-lf-24 of 12-11-1965 and law no. 67-lf-1 of 12-06 1967
72
Law no. 94\01 of 20 January 1994
73
Law no.96\12 of 5th August 1996

66
environment. It has created a wide range of environmental offences and some with
very severe penalties ranging up to life imprisonment and fine. The law has also
accorded special status to the staff of the Ministries of Environment, Mines and other
services to identify, investigate and prosecute those offences.
d) The Mining Code of 201174. It regulates mining activities in Cameroon. It is
designated to encourage and further the exploration and exploitation of mineral
resources for economic and sustainable development as well as poverty alleviation.
Some of the offences attract severe punishment ranging up to 5years imprisonment or
a 50 million francs fine. Apart from the competence of general prosecutors, the law
empowers the staff of the service in charge of mines and geology to investigate and
prosecute offences under it75.
e) The Biosafety Law76 to lay down regulations governing modern biotechnology in
Cameroon. This recent law was enacted to give effect to the Cartagena Protocol on
Biosafety. It has created many offences related to biosafety with penalties ranging up
to 7 years imprisonment or 100 million francs CFA. It also provides procedures for
investigating those offences and possible amicable settlement.
f) The Water Management Law in Cameroon 77. It has introduce various water related
offences related with penalties ranging to 15 years imprisonment and fines of up to 20
million francs and this could be double for recidivist, notwithstanding the general
powers of the legal department and judicial police officers. The law exempts
mitigation circumstances under S. 54 and 90 of the Penal Code with respect to water
offences.
g) The Law on Tourism. The 1998 tourism law has created tourism related offences
unlike the 1996 Environmental code the tourism offences here are less severe.
These laws created by the Cameroon legislation prove that there is the availability for
justice to be gotten with respect to environmental offences.

74
Law no. 1 of 16th April 2001.
75
Complimented by decree no. 2002\648 pm of 26 March 2002.
Law no. 2003\006 of 2st April 2003
76
Law no. 98\05 of 14th April 1998
77
Law no. 98 of 14th April 1998

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THE ROLE IT PLAYS

 Justice helps the citizens of the country to feel safe with the legal department
authorities concern and the courts system in handling cases.
 Environmental justice helps the population concern to be protective in their
environment.
 It brings peace within the community at large and confidence with the company
carrying out the project in the area because no protest will be exhibited by the
population
 It provides free communication and transfer of information amongst the
citizens.

HOW IT HAS BEEN APPLICABLE

According to the case study findings, access to justice was accessible in the
following cases including the claim type and the forum involved.
a) The Privatization of the Cameroon Development Corporation (CDC): The Case
of Tole Tea Estates. The claim was access to information and the forum involve was
the administrative forum. Law No 96/12 of 5 August 1996 relating to Environmental
Management in Cameroon, Law No 96/06 of 18 January 1996 The constitution of the
Republic of Cameroon, Decree No 90/1257 of 30 August 1990 relating to the
application of Ordinance No.90/004 of 22 June 1990 for the Privatization of Public
and Para-public Corporations, Ordinance No 74-1of 6 July 1994 Land tenure and State
lands as amended, Ordinance No 90/004 of 22 June 1990 relating to the privatization
of state corporations.
The parties have the legal rights to appeal if they are not satisfied with the forum
or the court's decision. The nature of review or appeal of the selected claim type is
only possible at the level of the Court of Appeal. Review of administrative decision is
at the level of the superior administrative authority of the administrative Bench of the
Supreme Court.
Decree No. 90/1257 relating to the application of Ordinance No. 90/004 of 22
June 1990 on Privatization of Public and Para-public Corporations provides that the

68
Inter-ministerial Committee charged with the said duty shall handle matters arising
from the privatization policy in the Ministries of the sectors privatized.
With respect to the Bakweri land claim crisis, provisions of the Land Tenure
Ordinance adequately provides for a forum to hear land dispute cases, as well as
appellate procedure. Also, the Environmental Management Code in Cameroon
provides for that as well.
b) Urban Waste Management in Bamenda: The Case of Bamenda Urban Council
(BUC), the claim was Non Compliance and the forum involve was the Administrative
Forum.
The 1996 Environmental Management Code in Cameroon gives powers to
decentralized territorial authorities (of which Bamenda Urban Council is an
administrative forum with such powers) to manage urban waste. The general
provisions of the 1996 Law provide that the President of the Republic shall define the
national environmental policy. Its implementation shall devolve upon the government
which shall apply it in collaboration with the decentralized territorial authorities, grass
roots communities and environmental protection associations. This is supported by
Law No. 2004/019 of 22 June 2004 on Decentralization in Cameroon.
Under the laws, aggrieved citizens are at liberty to seize the jurisdiction of the
Ministry in charge of environment or a higher administrative authority if they suffer
harm as a consequence of the Council’s activities or omissions. But there is no
mechanism to check corruption in the process and this is gravitating against the
citizens. The constitution guarantees the right of every citizen to a sound and healthy
environment. The judicial forum is another option at the disposal of the citizens. The
Environmental Management law in its Chapter IV, Article 91(1) on compromise and
amicable settlement empowers Administrative Units in charge of environmental
management to effect a compromise

ITS. ASSESSMENT

Environmental justice can be gotten from the court whenever such a request is being
made and it can be seen that the money gotten from there is used to provide measures
for the reduction of the environmental harm. From the above, we can assess that the
rate of access to justice in environmental matters is very low in Cameroon.
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THE IMPORTANCE OF ENVIRONMENTAL DEMOCRACY IN
CAMEROON

1) Citizens involvement: It makes citizens to be actively involved with the affairs

of the state and through this they can be aware of how their country evolves and
progresses
2) Knowledge: It provides knowledge and creates awareness of the citizens
understanding of the environment and this can better be done through debates and
discussion forum on the environment
3) Health Benefits: it provides opportunities for better health facilities with
respect to the environment and helps the population to be aware of environmental
damage which can be caused by certain actions
4) Self-Control/Self Discipline: it makes the population careful with the kind of
activities that are to be carried out on the environment and prevent certain chemicals
that have to be used.
5) Skill Development: when the population want to always know more and
opportunities are given to them, they discover new skills within them and in turn they
become knowledgeable and subsequently come up with environmental projects which
can be realize for the benefits of all.
6) Future Conservation Leaders: when environmental knowledge is being
taught in schools from primary level, the people who acquire such knowledge in turn
become future preservation leaders of the environment.
7) Sustainable Development through Science and Technology: It is very hard to
find any aspect of modern life untouched by science and technology. Directly or
indirectly they have brought immense benefits to human societies, and it has given us
the means to understand how the physical world around us works. For as the natural
environment is concerned, whether they turn out to be good or bad it is determined by
their environmental impacts. Science and technology have brought immense benefits.
However, we are paying a high “price” for it in terms of environmental degradation
and the “price” is escalating to thwart the achievement of even a modest degree of
globally sustainable development. This has serious implications for future generations.

70
8) It provides an Understanding Environmental Behavioral Change through
Communication: A communication approach can give us a new perspective of
responsible environmental behavior. It allows us to consider it not only from the
individual perspective but also from a social perspective.
9) It provides public awareness about the environment: If environmental
democracy is well implemented in the country, it will create public awareness amongst
the citizens.
10) It creates an open market economy for the nation: when the environment is
well managed, the resources gotten from there will bring much income into the state
budget and thereby boosting the market economy.

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 CHAPTER FOUR

INSTITUTIONS PUT IN PLACE FOR THE PROTECTION OF THE

ENVIRONMENT IN CAMEROON.

This part of our work identifies the various institutions created with respect to
environment. It is notice that these institutions are created in respect to the protection
of the environment. This therefore means that no specific institutions have been
created with respect to the implementation of principle 10 of the Rio summit of 1992
in Cameroon.
• Ministry of Environment, Nature Protection and Sustainable Development
In 1992, the Department of Agriculture and the Department of Tourism formed
the Ministry of Environment and Forestry (MINEF). Since then, these two sectors
have undergone profound institutional and legislative reforms, such as the
establishment of Cameroon’s forestry policy, the creation of new forestry laws,
wildlife and fisheries regulations, and development of all the applications of these
forestry laws. All these actions have significantly modified regulations governing the
entire sector. Cameroon’s forestry policy is one component of our national strategy for
the enhancement of rural economic activities. It falls within the framework of land use
planning (zoning plan) and goes a long way toward boosting the agricultural policy.
The forestry policy is also an important component of the National Environment
Management Program (NEMP), which has been drawn up with an emphasis on the
sustainable management of forest resources. It is also a complementary part of the
National Energy Program currently under discussion, with regard to the firewood sub-
sector. Lastly, it covers all the forestry research programs adopted at the beginning of
1995. These orientation, objectives, and strategies take into consideration the
environmental problems plaguing Cameroon, notwithstanding the fact that the forestry
policy precedes that of the National Environment Management Program. The forestry
policy has been a positive contribution to the orientation of the NEMP.
It is the first institution that exists for the implementation of environmental law in
Cameroon. In 2004, Cameroon's Ministry of Forestry and Environment was divided
into the Ministry of Forestry and Wildlife (MINFOF) and the Ministry of Environment

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and Nature Protection, of which the most recent is decree no. 2011/408 of 9th
December 2011 on the organization of government.
In other for this ministry to accomplish its environmental role in the country, it
carries out an environmental impact assessment through a person known as a
consultant, who plays an important role in its assessment. For example, when an
environmental impact assessment has been carried out, the results gotten should not
only be negative, and when such negative result is brought up, measures will be
proposed to reduce the said impact. Such measures are known as Mitigating Measures,
and also the social impacts like jobs should be brought up, and when this is done, a
report is then made and annexed to the study and deposited at the various ministries
concern. If this is not done, no environmental confirmation will be given in relation to
the project.
At this point, the Ministry orders for a public hearing between the consultant, the
owner of the project, the various Ministries concern and the public to come together
through publication and posted one month before for this various group of persons to
come and discuss more on the project and of the results gotten by the consultant. It is
at this stage that most of the work is being done. Because at this stage, all the opinions
will be heard and analyzed and taking into consideration to the project at hand. When
this is done, a report will then be made with respect to the project.
At this stage, it will not only end there because a second public hearing will be
launched again, announced and posted within a one month period for the population
and all those concern to come again and review the report summary of the project and
the main report taking at first instance and to see if all opinions which were arrived at
where respected and if not so, a lager book will be open for observations to be made
again which will in turn be send back to the ministry. After all this is done, the
Minister will then sign an Environmental Conformity with regards to the project which
proves that it respects the environmental norms.
The study then brings out an environmental management plan wherein an
environmental management service has been created in the ministry of environment
which has as aim to go through the project that has been realize by an EIA in helping
them implement the measures taken with respect to their management plan. Some

73
projects may be realized within a five year period such as the building of a waste water
plan by Brasseries. This organ call the service, follows up the activities of the project
from time to time to see if what they agreed from the onset is being implemented.

The Ministry of Forestry and Wildlife

The introduction of the concept of community forestry into Cameroon’s forestry

legislation by means of the idea of community forests was a great innovation in the
Central African sub-region. Observers in the forestry and broader development sectors
alike felt that this represented a revolution in the Cameroonian forest sector. However,
seven years after the adoption of the new law of January 1994, the expected level of
change does not seem to have been achieved. Only around 10 community forests have
been assigned and are now more or less managed by the communities. This
dissertation outlines the origins of this new concept in Cameroon and the strategies
developed by the forest administration to put it into practice. It then presents the
current situation as regards applications for community forests, analyzing their
geographic distribution. This is followed by a reflection on the difficulties of
implementing the concept of community forests with a particular focus on the
difficulties faced by village communities. The key constraints highlighted are socio-
cultural (including a very varied understanding of what is meant by ‘community’
or ‘legal entity’), institutional and financial (relating to the costs of preparing an
application file and the management plan
The Ministry of Forestry and Wildlife (MINFOF) has been entrusted with the
management and monitoring of the Permanent Forest Estate (protected areas,
communal and national forests); with the valuation of all forest and fauna resources
and with the issue of peoples' access to those resources and/or to the benefits that are
generated from it. It liaises with profit and non-profit organizations in the forestry
sector and maintains the observance of international conventions ratified by Cameroon
relating to wildlife and hunting. The Ministry is a co-chair of the national steering
committee together with the Ministry of Environment, Nature Protection and
Sustainable Development.
MINFOF is the main institution responsible for the implementation of the Forest
and Environment Sector Programme (FESP). Largely through the FESP's basket fund,
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MINFOF receives technical capacity building and financial support to carry out its
activities regarding forest monitoring. MINFOF is also currently developing and
implementing the systems and measures required for FLEGT Voluntary Partnership
Agreement (VPA) implementation.
This ministry assists the ministry of environment in accomplishing its aim and
also has its own objective with respect to the protection of the environment. It provides
means in which environmental protection can be carried out with respect to the
methods of implementation.

Ministry of Mines and Technological development

The Ministry of Mines, Industry and Technological Development was created by

Decree No. 2011/410 of December 9, 2011 organizing the Government. It is a
materialization of the President of the Republic’s will, to give a new impetus to the
Cameroonian industry and its mining sector. Therefore the responsibilities of this
sector include developing, implementing and evaluating the industrial and mining
policy, strategizing for technological development and intellectual property,
standardization and quality in the different sectors of the national economy. The
successful implementation of such a policy is not dependent on the only competence
and the unilateral will of the State, although its role remains crucial.
Henceforth, those wishing to obtain any service from the Ministry of Mines,
Industry and Technological Development (MINMIDT) will not need to worry on how
to go about it because there is “The User's Guide of MINMIDT”. The 186-page
document contains information on all the services offered by MINMIDT, the
conditions necessary for any services offered by the ministry, the legal provisions
necessary to provide any services supervised by MINMIDT, documents needed and
how to go about obtaining such documents or services.
"It is an important instrument for good governance, so that transparency is
instilled in the functioning of public services", the User's Guide gives the public
directives on how to constitute a file, which channel to follow in depositing any
document, for it is the public's right to obtain good services at any public
administration.

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 CONCLUSION

In other to conclude, it is submitted that the protection of the environment by this

ministry are not enough guarantee for the protection of the environment because little
work is being done and so it’s not felt on the environment. There is the need to look
into these institutions for better protection.

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 CHAPTER FIVE

SET BACKS IN IMPLIMENTING THIS PRINCIPLE

INTRODUCTION

International Conventions as well as National Legislations with respect to the

environment remain the main instruments ensuring that Rio’s principle 10 be well
implemented. These instruments contain minimum conditions under which the
environment and its indigenes can be well managed for their benefit without neither
depriving the environment nor the population at large.
In spite of these instruments, the environment and the population do not get a fair
deal from both international and national instruments especially that which has to deal
with the state of Cameroon. Reports still emerge about the dire situation of people and
their environment.
The problem however lies in the ability of the population to comply with the
relevant provisions of the law. Though the situation is further aggravated by the
prevailing economic situation in the country which makes the citizens more
vulnerable. The level of compliance on the part of the state is also low.
In reality, it seems that the population is deliberately avoiding compliance by
taking advantage of the week legal framework and the vulnerability of the state in an
unstable economic environment.
Also, official enforcement is slowly encouraged by week institutions, particularly
at the Ministry of Environment which is not well equipped with personnel to discharge
its responsibilities. The weakness of the Ministry prevents them from protecting the
environment and the population. This is so because it is this Ministry that has to pave
or show an example to the other Ministries joined to it to follow their footsteps
because when it comes to matters of the environment, it is this Ministry that stands as
the head.

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EFFECTIVENESS OF THE NATIONAL REGIME

A) MERITS
The measures of success with respect to the implementation of environmental
democracy in Cameroon to a certain extent is being implemented though when looking
at the work which has been done so far and the time period in which we have achieved
this goals with respect to other countries implementation we will discover that we still
have a long way to go. But despite the efforts we still have to create new laws and
institutions for the implementation of this principle. At least, we have made a start
with preserving our environment wherein we have positive result from such efforts
made.

B) SHORT COMINGS AND CHALLENGES

• Have weak institutions and participatory processes: The state of Cameroon

has week institutions with respect to the implementation of principle 10of Rio.
• Citizens lack environmental knowledge: Most of the citizens who request for
environmental justice lack the knowledge about the environment they
themselves live in and even when an environmental activity has been launched,
the people come there just for a show, and have nothing to contribute.
• Slow justice system: The justice system in Cameroon is very slow and takes a
longer period for judgment to be rendered. For this reason, many citizens turn to
give up half way and at times do not even have substantial prove for their case
• Corruption of the personnel concern: Most of those who are charged with
making sure that justice is rendered are more corrupt and at times frustrate the
plans for any such information to be given and even at times take money for the
correction of the environmental wrong but yet do nothing.
• Population negligence: The population has no idea of the importance of their
environment. All they need is how they can exploit the soil for their feeding and
up keep. So even when a public hearing is launched they care less about it.
Often few people even attend such hearing
• No effective principle 10 laws exist: The laws that exist in Cameroon are laws
with respect to the environment as a whole and no laws have been created with

78
 respect to principle 10’s implementation specifically and no specific rules are
available for its implementation.
• In adequate corporation amongst the citizens: The citizens are not united
amongst themselves and no agreements or concrete decisions are reached
amongst them and so the various stake holder concern finds it difficult to
communicate with the citizens because they will feel as if they are being
exploited
• Lack of effective enforcement of the laws: The laws are not even there and
the ones that exist with relation to the environment are not well implemented
• No corporation amongst the Brigade and the legal department: They do not
agree and corporate with one another.
• Judicial weakness: The courts have a predominant role to play in protecting
the environment because if they award damages to an aggrieved party without
unnecessary delay, justice will be rendered. Although the legislator has made
provisions for penal sanctions, it is difficult to find them being implemented
effectively.
First of all, cases may not be reported or if they are, no satisfactory decisions are
taken. Secondly, the judgment if at all given may be met with week or minimal
sanctions, or the application of such sanctions may be plaque by ineffectiveness.
There exist no specialize environmental courts in Cameroon. Environmental
disputes rarely go to court and are resolved though Conciliation and Arbitration. For
this reason, it makes it difficult for a sound judgment to be obtained. Thus, grieve the
population which is not always satisfied with their decisions.

There is too much political influence on the population

The predominant role of the state in environmental matters has been held to be
responsible for the decline in the environment. Citizens are not adequately protected
because the administrators of the environment have used the institutions as a stepping
stone to achieve their political ambitions thus forgetting their parental role which is to
protect the citizen’s environment.
This unfortunate situation has brought about division in the Ministry. Political
maneuvers and egoistic tendencies have made matters worse which proves rather the
79
manifestation of political affiliations for the specific purpose of frustrating the
legitimate claims of individuals.

The population is ignorant of their rights

The environment cannot be protected if the purpose of its protection is not

known. Most individual/villages do suffer today because they are ignorant of their
rights. A happy environment is an asset to the state and its population. It should be
cherished. But generally, most investors/ state offer little opportunity to the population
and little or no knowledge about information, participation and justice to the
population of the said area given the fact that they are highly ignorant.
It is evident that most individuals are ignorant of their resources and rights
attached to them and many are content with what is offered. While this ignorance
prevails, many companies take advantage of it to abuse the villagers

There is the lack of strong institution for collective bargaining to take place

In fact, no permanent structures or mechanisms are available for bargaining to

take place and the environmental legislation place a very little role on the rights to
collective bargaining. This opinion is due to the fact that neither the constitution of
Cameroon nor the environmental code expressly provides for the rights of collective
bargaining.
Collective dispute resolution is also a poorly developed area of the law and acts
more as a hindrance to both the right to a fair trial.

SHORT COMINGS OF THE ENVIRONMENTAL CODE

Presently, the law that regulates environmental issues in Cameroon is the 1996
Environmental Management Code78. It ensures the protection of the Environment but
surprisingly, the environment is not well preserve and protected as stated. This point is
evident by examining certain provisions of the code.
Under the environmental code, no attempt was made or has been made to explain
what environmental protection is all about. Instead the Cameroonian legislator has

78
LAW No. 96\12 of 15 August 1996

80
provided that “the environment constitutes a national common heritage in the Republic
of Cameroon. It is an integral part of the universal heritage79.
From this provision of the code, it will appear that everyone can freely determine
what he or she wants as meaning environmental protection without any interference of
the state. The apparent freedom also means that even if the protection where not
authorized, it will not be unlawful since it has not been given any meaning.
Chapter one on the national environmental management plan is so wide that it
covers almost everything on the internal management of environmental institution.
The code has provided for the government to draw up a national environmental
management plan which shall be amended every five years. The administration in
charge of the environment shall ensure the inclusion of environmental concerns in all
the economy, the administration shall plannify and ensure the rational management of
the environment and setting up an environmental information system, and the
administration shall draw up a bi-annual report on the state of the environment in
Cameroon and table it before the inter-ministerial committee on the environment for
approval80.

The non-implementation of the environmental conventions

The environment is not duly protected due to the fact that the state fails to ratify
and implement some of the conventions which protect the environment. Even though
states ratify these conventions, they find it difficult to implement its provisions. The
absence of these institutions causes states to reluctantly enforce these conventions and
their recommendations. International law not only has the role of change which
provides for legislative and court measures, but also provides for a unifying role of
recognition specifying sources of law and providing a general criteria for the
identification of its rules.
One difficulty that confronts mankind in the application of international norms
has been the problem of accepting or explaining the fact that a state which is sovereign
may be bound by international law.

79
Ibid S. 13, -16.
80
Section 13-16 of the 1996 environmental management law

81
 At least what makes the norms of international law binding is the principle;
Pacta Sunt Servanda which itself is questionable since not all international
obligations arise from agreement “pacta”.
But it is hoped that states should behave as they have customarily behaved as far as
their international obligations are concerned. This means that when a state accepts a
treaty or convention, it must also respect and enforce it. And of course this is the rule,
that conventions are accepted by states as binding norms.

CONCLUSION

Protecting the environment and its citizen is a fundamental duty of every state. An
organization which ensures and guarantees the environment and its citizens is bound to
witness a boom in its activities since the individual feel they are secured and in return
put in all their efforts to assist the government. The state has put in place legislative
enactments to guarantee these though not effective. It is so sad to mention that the
environment of Cameroon is still almost without protection despite the fact that both
international and national laws have been enacted and instituted by the state.
Economic factors do play a dominant rule in this aspect.

82
 GENERAL CONCLUSION

CONCLUSION

From the above study, it is true that Cameroon has every reason to be classified
as a developing country. It is obvious that during the colonial period, the plantation
and villages suffered greatly in the hands of their colonial masters because at that time
they never knew the importance of the environment to them because all they knew was
that the soil is meant just for their planting and harvesting of food and never saw the
environment as having any economic value. This practice was so rampant but some
years after independence and with the imminence of the 1992 Convention in Rio, it
brought the importance of the environment to the economy of a country. Many nations
especially in Africa in general and Cameroon in particular saw the need for the
protection of the environment and its raw materials including the need to protect the
individual(s) acquiring such lands.
Due to this awareness, the state of Cameroon made efforts six years later after
having heard all that was said about the environment, decided to enact a Law on
Environmental Management which stands as the main instrument for environmental
law in Cameroon.
It is seen from the above study that, the state of Cameroon has tried to implement
what was given as an assignments to nation states by providing the means and
opportunity for participation to take place and even for justice to be obtained. But the
efforts are so little that it is considered as if nothing is being done. The individuals
themselves which stands as a bone of contention in this provision has little or no role
to play neither is the justice which they try to seek is obtained.
It is true that Cameroon has put in efforts in the implantation of this principle but
as we all know, the efforts the state tries to put in is just a sham for little results has
been obtain. We believe that if strict measures are put in place for the implementation
of principle 10 of the 1992 Rio Summit Declaration Cameroon will accomplish much
with respect to its environment.
Moreover, the state of Cameroon in addition to its local legislation has ratified
many international conventions which aim at promoting and protecting the

83
environment. The question that really comes to mind after reading the environmental
law of 1996 is whether the code has been beneficial to the environment and the people,
the answer to a certain extent would be yes because many Cameroonians are aware of
their environmental resources. Despite this awareness, much sensitization still has to
be done.
This is why, we are proceeding to make certain recommendations on how to
ameliorate our environment especially as far as the protection of individuals are
concerned.
A committee should be created which will specifically be for the implementation
of principle 10 of the 1992 Rio summit’s declaration and this committee should
provide a forum for dialogue.
Well trained officials should be made available to process all environmental
wrong.
The sensitization of the population should be done often and not only when an
environmental activity is about to take place.
With relation to the justice system, courts should be created specifically for
environmental matters wherein there should be a creation of their own legal
department system.
The information given should be well spelled out with their risk and not just
simply announced and publish for people to come and give their opinions.
The use and importance of the environment should be taught in schools at all
levels and opportunities should be created for the youths and all who are interested in
their environment.
The government should invest more in capacity building for her staff so that they
will acquire the necessary skills for the effective practice of environmental democracy.
Strict implementation of environmental rules should be imposed on the
industrialists who come to Cameroon for the exploitation of its natural resources.
We recommend for the revision of the 1996 environmental management code. It
is evident that some provisions of the laws are inadequate and needs to be amended
accordingly. Perhaps more important than this, is the urgent need to ensure the
enforcement of relevant provision of the law.

84
 There is the need for the Ministry of environment to be proactive in its
responsibilities of ensuring compliance with existing environmental standards and
ensuring that individual rights are observed.

85
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THESIS
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• Arrey E.(2015) Environmental Protection and Public Health concern ; The
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MINPLAPDAT (2003). Document de Stratégie de Réduction de la Pauvreté
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• MINEP (2004). Rapport National sur la Mise en Oeuvre de la Convention des
Nations Unies sur la Lutte Contre la Désertification (CNULCD)
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• Njamnshi et al (2006) Environmental Democracy in Cameroon.
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