Introduction

Contracts are mostly studied as economic instruments, meant to regulate business relations.
However, government agencies have increasingly been using contracts to achieve public goals
(Vincent-Jones, 2007). Although contracts have always played an important role in the field of
urban development, their importance has gained traction at the cost of public law since the
1980s. For instance, urban development projects are realised in partnerships regulated through
contracts (Raco, 2013; van den Hurk and Tasan-Kok, 2020; van der Veen and Korthals Altes,
2012). Consequently, participatory processes have become an integral part of urban development
and urban politics (Levine, 2017; Walker et al., 2015). This presents an empirical puzzle: what is
the role of private law instruments, that is, contracts, in public processes, that is, participation?
Addressing this question will provide a new understanding of the influence of residents over
development projects.
The empirical puzzle is relatively understudied in the literature on participatory governance and
urban politics (Janssen-Jansen and van der Veen, 2017). Most research on this topic focuses on
Anglo-Saxon cases (Camacho, 2013; Raco, 2013), and in particular on community benefit
agreements (CBAs), which are development agreements negotiated by residents and developers
(Baxamusa, 2008; Been, 2010; Janssen-Jansen and van der Veen, 2017). However, CBAs are not
widely employed, and their results do not always benefit residents (Been, 2010; Camacho, 2013).
Camacho (2013) notes that except for CBAs, development agreements are predominantly
negotiated by government agencies and developers, excluding residents. Thus, in most urban
development processes, residents are not immediately recognised as contractual negotiators.
Research from Raco (2013) and Savini (2016) underlines that contracts limit the ability of
residents to influence decisions. Therefore, this study concentrates on how contracts manifest
during participation efforts in large-scale urban development processes in Amsterdam and
Hamburg. The purpose of this research is twofold: (1) to problematise the meaning of contracts
and agreements in participatory processes, and (2) to show through a detailed description the
consequences of contractual governance for resident participation. The research puzzle is
addressed by fieldwork conducted in Amsterdam and Hamburg. This study finds that the
increased importance of contracts in urban development has shifted the arena of public decision
making from public meetings to contractual negotiations. This does not necessarily imply that
contracts circumvent public debate. Contracts can be adjusted. However, it does shed light on
new hierarchies between actors.
The goal of participation is to give residents influence over development projects. However,
broader literature on participatory governance shows that there exist barriers in the ability of
government agencies to implement the outcomes of participatory processes, and social
inequalities tend to be reproduced (Levine, 2017; Stapper and Duyvendak, 2020; Walker et al.,
2015). Furthermore, participatory processes are criticised by several authors as being ‘post-
political’ (McAuliffe and Rogers, 2018; Metzger et al., 2015; Swyngedouw, 2005). According to
post-political theory, ‘politics is concerned with the set of practices and institutions through
which an order is created, organising human coexistence’ (Mouffe, 2011: 9), while the political
is the dimension of conflict and antagonism (Mouffe, 2011: 9). Post-politics is the condition in
which conflict is replaced by consensus. Participation functions as window dressing, while real
decision-making power is transferred to municipal experts and commercial parties.
Instead of a priori assuming that urban elites use contracts and participation to cement their
power, I explore empirically how contracts manifest during participatory processes of
development projects. This study introduces a conceptual framework to study the role of
contracts in participatory governance, based on relational contract theory (Macaulay, 1963;
Macneil, 1980). I use the distinction between non-legal agreements, which are less enforceable
agreements, and contracts, which are more enforceable agreements. Non-legal agreements bind
parties based on trust and reputation rather than legal obligations (e.g. Macaulay, 1963). This
will provide a novel perspective on the influence of citizens in development processes. What is
the impact of participation on contracts? What is the role of contracts in citizens’ involvement?
Hence, the main question of this article is: what is the relationship between contracts and non-
legal agreements with residents during participatory processes?

PUBLIC PROCUREMENT AUTHORITY

Minister Delegate at the Presidency of the Republic in
MINMAP
charge of Public Contracts
PUBLIC CONTRACTS REGULATORY AGENCY
ARMP Public Contracts Regulatory Agency
CONTRACTING AUTHORITY
MINISTRIES AND RELATED ADMINISTRATIONS
MINADER Ministry of Agriculture and Rural Development
Ministry of the Economy, Planning and Regional
MINEPAT
Development
MINTP Ministry of Public Works
MINMAP Ministry of Public Contracts
MINJUSTICE Ministry of Justice
MINEE Ministry of Energy and Water
MINHDU Ministry of Housing and Urban Development
MINESUP Ministry of Higher Education
MINPOSTEL Ministry of Posts and Telecommunications
MINAT Ministry of Territorial Administration
MINDCAF Ministry of State Property and Land Tenure
MINFI Ministry of Finance
DGSN General Delegation for National Security
UNIVERSITIES
UYI University of Yaoundé I
UYII University of Yaoundé II
UBa University of Bamenda
UMa University of Maroua
 LOCAL AND REGIONAL AUTHORITIES
CUD Douala Urban Community
CUY Yaounde Urban Community
CU
Sangmelima Urban Community
SANGMELIMA
CU NANGA
Nanga Eboko Urban Community
EBOKO
CU MAROUA Maroua Urban Community
PUBLIC AND PARA PUBLIC SECTOR COMPANIES, PUBLIC
ESTABLISHMENTS AND PROJECTS
PAD Autonomous Port of Douala
FEICOM Special Council Support Fund for Mutual Assistance
Industrial Zones Development and Management
MAGZI
Authority
SIC Cameroon Real Estate Company
SNH National Hydrocarbons Corporation
PROJECT FINANCE INSTITUTIONS
TRESOR Cameroon Public Treasury
FR Road Fund
CAA Autonomous Amortization Fund
FEICOM Special Council Support Fund for Mutual Assistance
AFD French Development Agency
AFDB African Development Bank
WB WORLD BANK
CHINA EXIM
Export and Import Bank of China
BANK
ORGANISATIONS ET ORGANISMES MULTILATERAUX
EU European Union

(Public contracts regujatory bodies)

Today, some 56% of the world’s population – 4.4 billion inhabitants – live in cities. This trend is expected
to continue, with the urban population more than doubling its current size by 2050, at which point
nearly 7 of 10 people will live in cities.

With more than 80% of global GDP generated in cities, urbanization can contribute to
sustainable growth through increased productivity and innovation if managed well.

However, the speed and scale of urbanization brings challenges, such as meeting accelerated
demand for affordable housing, viable infrastructure including transport systems, basic services,
and jobs, particularly for the nearly 1 billion urban poor who live in informal settlements to be
near opportunities. Rising conflicts contribute to pressure on cities as 50% of forcibly displaced
people live in urban areas.

Once a city is built, its physical form and land use patterns can be locked in for generations,
leading to unsustainable sprawl. The expansion of urban land consumption outpaces population
growth by as much as 50%, which is expected to add 1.2 million km² of new urban built-up area
to the world by 2030. Such sprawl puts pressure on land and natural resources, resulting in
undesirable outcomes; cities represent two-thirds of global energy consumption and account for
more than 70% of greenhouse gas emissions.

Cities play an increasingly important role in tackling climate change, because their exposure to
climate and disaster risk increases as they grow. Since 1985, about 76,400 km2 of newly
urbanized land was added in locations with inundation depths of over 0.5 meters during severe
floods – this corresponds to about 50 times the area of Greater London. Globally, 1.81 billion
people (that is 1 in 4 people) live in high-risk flood zones. Exposure is especially high in the
densely populated and rapidly urbanizing river plains and coastlines in developing countries,
where 89% of the world’s flood-exposed people live.

Cities are also in the frontline of combating epidemics. The COVID-19 pandemic was a massive
challenge for cities and their citizens, rich and poor alike. Its impact and the measures taken to
control the spread of the virus had disproportionate impacts on the poor, marginalized and
vulnerable, revealing fault lines in cities’ economic structure, preparedness for such a crisis –
especially the state of their public health and service delivery systems.

In normal times, there might be many attributes that cities strive to compete on and excel at the
global level, including livability, competitiveness, and sustainability; but on any given day, and
especially in a time of crisis, a city must function well for all its citizens. Inclusion thus come to
the forefront in the recent pandemic.

Building cities that “work” – green, resilient and inclusive– requires intensive policy
coordination and investment choices. National and local governments have an important role to
play to act now, to shape the future of their development, and to create opportunities for all.
Internship institution

A one month internship was carried out on the 3rd August to 3rd September at the regional
delegation in charge of public contracts. The regional delegation of MINMAP is made up of six
services (services of general affairs, service of infrastructural contracts, service of , service of
supply contracts, service of mails and liaisons, savings of archives .

Study area
Fig.2. Location of Bamenda II in Mezam Division, Cameroon [16].
Statement of the research problem

Public infrastructures play a significant role in poverty reduction, human development and
spatial interaction of the population. The practices of stakeholders in the procurement system in
Bamenda are a controversy in the contemporary socio-political discourse. Through these
practices, public infrastructures are provided to and for the population. This paper seeks to
uncover the myriad of challenges involved in the procurement practices in Bamenda. The study
made use of both qualitative and quantitative data, obtained using secondary and primary sources
from documentary exploration and extensive field work. Secondary sources included books,
annual reports and archives of Divisional and Regional Delegations, Inspectorates of Education,
Regional Institute of Statistics and Public Contracts Regulatory Agency, North West amongst
others. Primary data was obtained over three months of extensive field investigations through
questionnaires interviews and focus group discussions. A GPS was utilized to obtain geographic
coordinates of publicly procured infrastructures, particularly health, educational and road
infrastructures. Results reveal that there is complexity in the way procurement is undertaken for
socio-economic benefits to the population. Procurement principles are ineffectively applied,
leading to inefficient execution of contracts. Late payment of contract funds amongst others is a
cause of inefficient execution and lateness in the delivery of procurement output in the domains
of health, roads and educational infrastructures. The study recommends project owners to release
contract funds earlier than usual and contractors who enhance poor execution of projects and
uncivil road users who facilitate road degradation or cause damages to projects be severely
sanctioned. The Law No. 73/7 of 7 December 1973 on the preferential claim of the treasury to
safeguard public funds by Municipal and Regional Councils should be effectively implemented

Research Questions

The main research question for this study is the challenges of pulic contracts in Bamenda II.It is
guided by the following questions

1. How do public contracts contribute to urban development

2. How does poor execution of contracts leads to poor urban planning
3. How are the contracts awarded and challenges faced

Research objectives

The main aim of this study is to examine the public contracts challenges in urban development. It
is guided by the following objectives.

1. To examine public contracts and execution in Bamenda II

 2. To evaluate the current contracts and how it is contributing to the growth and well
planning of Bamenda 2 municipality
3. To examine the challenges faced during the execution of contracts.

Specific hypothesis

The main hypothesis for this study state that public contracts faces a lot of challenges in urban
development and it is guided by the following specific hypothesis.

1. The state of development in Bamenda II municipality is influenced more of more by

public contracts.
2. The challenges of public contracts in urban development is influenced more by poor
execution.