Laws, laws

& laws

London,England

1930

I am arresting you for wearing a multi-coloured shirt in a built up

area!

Quoi?

..and for walking on the cracks & calling me queer

Without us being aware, some laws can seem curious if applied differently to different people

Peter Mbile (ICRAF)

Finding Space for community rights to forest resources in the context of the national forest zoning plan:

Evidence from community mapping of forests rights and access contestations in Cameroon

Presentation plan

1. Introduction: graphics of the national forest zoning plan…

2. Methods: partnerships, case studies analyses…

3. Results/discussions: conceptual framework, analyses, syntheses…

4. Recommendation: what framework?…

5. References; citations,

1. Introduction: forest zoning plan

2. Methods

Data •Interviews•Documentation•Com. Mapping•GIS analyses•Public events

Issues mapped & alliances1:Bantu communities with Korup national park. (..WWF)2a:Bantu communities with agro industry (CDC)..(MCP, NCI, CIL, CARPE)2b:Land claims commission with CDC (BLCC, CDC)3a: Bantu communities with timber concession, private sector, government(CamEco, Consultants)3b: Bantu communities with forest reserve, timber concession and each other (CamEco, Consultants)3c: Pygmy communities with agro industries, national park with bantus (CED, FPP)4a&b:Pygmy and Bantu communities with national parks and timber concessions and with each other (CED, FPP, PERAD)

sites

3: Results/discussions…/1: conceptual frawework,

Concentual framework focus: ‘rule of law’Constitution: The broad principles of ‘governancePolicies: The philosophical and methodological frameworksLaws = The substantive element or fixed rules or by-laws

“to ensure the well-being of every citizen without discrimination; raise living standards and uphold their right to development. Within the possibilities of her resources the State will provide conditions necessary for human development.”(Constitution of the Republic of Cameroon, 1996)Dicey, (1982) : substantive aspects of law (the rules) shape public behaviour F. A. Hayek (1994): ..announced beforehand, how with fairness and certainty so the public foresees how the State will use its coercive powers to apply fixed rulesShen (2000) fixed rules to be implemented as formal or procedural justice; Schauer (1988) sums-up that, only transparency, participation, fairness and procedure provide guarantees that ‘fixed rules’ will possess the substantive element and shape public behaviour.

3: Results/discussions …analyses../1

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

• 2a.Boa plains: comm. Lands intersect with CDC lands. Lands retroceded (comm. have bad deals).

3: Results/discussions …analyses../2

• 2b.BLCC: Case legitimacy validated by AU CHPR. Government challenges on procedure. AU CHPR advices on local, sovereign solution.

• Sovereign Nations will avoid public embarrassent as much as possible

3: Results/discussions …analyses../3

The Bakweri Lands Claims

A submission to the African Union Commission on Human

and People’s Rights

3a.Ngonga-Kopongo: Local case strong. Government concedes, promises encalves. Then retracts following submission by private sector company. Deadlock

3: Results/discussions …analyses../4

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

3: Results/discussions …analyses../5

3: Results/discussions …analyses../63c.Socapalm/Hevecam/Campo: Racial minority rights acknowledged but none territorial occupancy of space presents problems. WWF incorporates use rights into park management with State blessing. Process is not yet satisfactory.

• 4a&b. Southeast: Mainly minority rights acknowledged by park management authorities. Community hunting zones built into management plans in southeast. A temporary solution is found.

3: Results/discussions …analyses../7

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

3: Results/discussions …analyses../8

SYNTHESES OF FINDINGS• A clear patterns:

– Achilles’ heel of Policy has always been participation, so ‘rule of law’ appropriately focusses on that.

– Partial solutions in all cases have involved ‘grouping’ the problem to reduce the effect of ‘disarray’.

– Where authority has been conferred local solutions, though requiring moderation are sought and appear to work (Boa, Campo, Southeast, developing in Korup)

– Where there is a clash of powerful private or public sector interest the State seems ambivalent and confused (Kopongo, Boa, BLCC)

– The State performs badly when dealing directly with community problems (Korup, Kienke).

– The State is not creative enough in dealing with ‘unusual’challenges like integrating racially unique lifelstyles into popular processes (Campo, Dja, Southeast).

– The state avoids public embarrassement at all costs (BLCC)

An evidence-based statutory framework for forest policy?

PRESIDENCY OF THE REPUBLIC

THE CONSTITUTION

The Prime MinistryBy-laws

Legal entities

Forestry law enforcement

Research/inform.

References

• Dicey, A.V., 1982, Introduction to the Study of the Law of the Constitution, Indianapolis: Liberty Fund F. A.

• Hayek, F., 1994, The Road to Serfdom. Chicago: University of Chicago Press.

• Shen Y. 2000. "Conceptions and Receptions of Legality: Understanding the Complexity of the Law Reform in China", In TheLimits of the Rule of Law in China, (eds.) Karen G. Turner, James V. Feinerman and R. Kent Guy. Seattle: University of Washington Press

• Schauer F.1998. "Formalism", Yale Law Journal. 97: 509-548.