state, local communities and changing forest status exclusive legal dualism in coastal cameroon....
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DESCRIPTIONCécile NdjebetPresentation for the conference on Taking stock of smallholders and community forestryMontpellier FranceMarch 24-26, 2010
Taking stock of smallholder and community forestry: Where do we go from here? in Montpellier, France on 24-26 March, 2010
Taking stock of smallholder andcommunity forestry: Where do we go from here? Montpellier, France on 24-26 March, 2010State, Local Communities and Changing Forest Status: Exclusive Legal Dualism in Coastal Cameroon. Case studies in the Kienk-Sud and Loungah/Mangomb forests
By Ccile Ndjebet, Cameroon Ecology
Presentation outlineIntroductionCase study objectivesMetholdogyArea studiedOutcomes and products:Current status of the forest management units (UFA)Roots of the tenure conflictRecommendations
IntroductionThis study focused on the question of forest tenure along the Cameroonian coastThe study was carried out in two forest massifs, called Forest Management Units (UFA in French): UFA 07002 et UFA 09026The study aimed to take stock of the current social, administrative and legal situation in these UFAs
The studys objectives Trace the historic context of management in the two forest massifs, and identify and analyze tenure problems;
Take stock of UFA 07002 and 09026 and clarify the basis for resource and land usage;
Gather and analyze alternative narratives from local communities regarding the current tenure situation, which will serve as main contentions in alternative argumentation forms;
Gather and analyze other key stakeholders viewpoints, particularly the forest administrations views;
Identify policy and administrative options for alternative tenure systems, and pick out and highlight the key options;
Envision future scenarios.
MethodologyLiterature review and research
Consultations with heads of decentralized services in the Ministry of Forests and Wildlife (MINFOF), Ministry of Land Estates and Affairs, and other technical actors
Meetings with experts from the former ONADEF (National Office of Forest Development) and ANAFOR (National Support Agency for Forest Development)
Socioeconomic surveys and inquiries in villages
Historic mapping, agro-ecological mapping and social mapping of territories Informal interviews, direct observations, etc.
Outcomes and ProductsLoungah/Mangomb historic profile1948: Decree n264 of 10 June 1948 classifies the massif as State Forest ReserveTotal area: 20.000 haPlantations: 1.264 ha
1980: Forest concession is created by the decree n80/363/PMTotal area: 100.000 haExploiter: CELLUCAM (corporation drawing on combined capital from Indonesia and Cameroon)
1984: The project fails and CELLUCAM closesCPPC is created and inherits the site; CPCC exists only long enough to see its creationThe massif becomes an open-access zone for forest exploiters of all types: illegal exploitation expands in scope (ongoing since about 1950)
Historic profile (2)1993 (zoning plan) and 1994 ( forest law): the forest massif becomes UFA 07002
Since 2007: Question of states rights in the UFA is taken upNew corporation created: Eda Technopole Services Corporation (ETSC): reprise du site et du patrimoine de lex-CELLUCAM10 March 2008: convention between COMEFIN and Cameroon (Edea urban community) is signed
March 3rd, 2010: Convention between MINFOF and ETSC is signed
Kienk-Sud Historic Profile1946 : Village is created, following migration from the site of what is now HEVECAM
1947 : Kienk-Sud Forest Reserve is created in the northern part of village territory along the Kienk river, with a depth of 4 kms
1952/53 : Okoum, Framir and Niangon plantations are created by Mr Maillet (SFT)
Vers 1958 : Industrial forest exploitation
1960 : Retrocession of the reserve from the Secretariat of State to the Department of Agriculture of Eastern Cameroon
1968 : New public structure created to manage the reserve, the FSF
Kienk-Sud Historic Profile (2)1970 : New set of plantations created
1970 : Corporation SOCADE undertakes transverse forest exploitation in the south of village territories 1974/75 : Rubber tree plantations are created across the whole southern part of village territory
1979: New public structure, ONAREF, is set up to replace FNFP
1980 : New set of plantations
1983 : New public structure, ONADEF, replaces ONAREF
2002 : Dissolution of ONADEF and creation of ANAFOR
2006 : CUF and industrial forest exploitation installed in the reserve
Current state of the two UFAsUFA 07002: Number of villages created: 21 villagesArea occupied by agricultural activities and illegal exploitation: around 18% of total area, or 35,250 ha Area occupied by land titles: around 300 haReserves and Dikous community forest: 20,119 ha
Presentation of UFA 07002
Reserves and Other Production Units
Current State of the two UFAs (2)UFA 09026Number of villages: 11 in the southern partArea occupied by agricultural activity: Plantations: about 17 haFood production and cultivation:11.77 haBagyeli camps: about 8 ha
Presentation of UFA 09026
Food Crop Agriculture
Roots of the Tenure ConflictRecognition of Modern Tenure, or TOTAL power of the State and its forest administration over the forests:Not one UFA classification process took into account the views of local communities: The 14 july 1935 decree stipulates in Article 1 that forests classified like the Loungahe and Kienk-Sud reserves can only be alienated via declassification processThe following different ordinances: n 61/OF-14 of 16 november 1961 regarding forest regimes in Eastern Cameroon; n73/18 of 22 may 1973 regarding national forest regimes; and n74/2 du 06 july 1974 setting the regime for national parks and its implementing texts, could have undertaken a revision of the classification acts from the colonial period, and substantially expanded usage rights to exclusion and management rights in enclaves created following community claims. Instead, nothing was done. The n80/363/PM decree grants 100,000 hectares to CELLUCAM, and as in the colonial period reduces local villages to mere spectators
Roots of the Tenure Conflict (2)Community rights remain disregared in spite of changes in the Reserves status: The spatial usage framework and rationale introduced by the state forest regime led to the legal disqualification of customary land and forest regimes held by local communities in the Kienk-Sud and Loungah/Mangomb forest massifs;
Evolutions in forest and tenure regimes following the end of the colonial era have not been ableor willingto address the problem of community rights in forests: ordinances, zoning plans, forestry law....
The recent status change in the Loungah et de Kienk-Sud Reserves could have been an opportunity for local communities to gain more substantial rights over their customarily held lands and forests. This was not the case, and instead more UFAs and being created within the reserves;
Roots of the Tenure Conflict (3)The State has always refused to allocate enclaves to local communities:The colonial administrations classification of the Kienk-Sud and Loungah Forest allocated no agroforestry zones to local communities. All promises to create such enclaves were broken;
Conflict surrounding the perception of rights:For local communities, their rights and the States rights are ownership rights. For local communities, the reproduction of state ownership is an absolute denial of their historic, social and customary rights.For the State, local communities have no ownership rights but rather customary rights, which it sees as usage rights.
Communities contestations In Kienk-Sud as well as in Loungah/Mongomb, the villages are severely restricted by the reserves (see map)Well before the UFA 09026 classification, the very existence of the Kienk-Sud Forest Reserve was questioned by the local communities The decision to maintain the concession allocated in the 1980s to CELLUCAM as a UFAalthough it seemed to have fallen into administrative disuserevivied tensions between local communities and the forest administration.
Roots of the Tenure Conflict (4) Facing the loss of land and forests in order to profit industrial and agro-industrial forest concessionnaires, communities are intensifying their claimsThese claims do not affect the whole forest, but only certain contested spaces (see map)
The Pygmy Question:In certain villages, a decline in Pygmy sedentarization is clear, as there are returns to the forest;In their discourse and represnetations, the Pymies in this zone speak of problems with Bantus, who do not integrate Pygmies into their customary tenure regime; In the eyes of their Bantu neighbors, Pygmies do not hold legitimate access rights to forest lands.
Contested zones in UFA 07002
Contested zone in UFA 09026
RecommendationsUFA 07002 (including Reserves)General AlternativeRevise and rectify certain lines of the provisional zoning plan for Cameroonian forests in the UFA spaces
Specific AlternativesPartial declassification of the UFA and retrocesession of a forest area of 4 km to village communities;
Greater community involvement in the enclave creation and implementation process;
Creation of community forests in reclaimed and retroceded spaces;
Definitive registration of community forests created to benefit village communities;
Respect for sacred sites in the Loungah reserve (relics and trees);
Creation of community forests for the 3 districts that share the forest massif.
Recommendations (2)UFA 09026 (including the Kienk-Sud Reserve)General AlternativeRevise and rectify certain lines