Transparency International Cameroun THE IMPACT OF POOR LAND GOVERNANCE ON THE REDUCTION OF RURAL POVERTY IN CAMEROON By Nyassi Tchakounte Lucain Programmes Manager Washington D.C, March 2016 www.ti-cameroon.org www.ti-cameroon.org

PLAN OF THE PRESENTATION I- Presentation of TI-C II- Understanding Land Tenure Legal Framework in Cameroon - Historical Background of Land Legislation - Current Land tenure Legislation Framework III- Why Land Governance Matters - Definition - Why land governance matters IV- Poor Land governance: Manifestations and impact on rural poverty - Land Tenure Security - Rural women’s rights - Expropriation and compensation V- Recommendations www.ti-cameroon.org www.ti-cameroon.org

PRESENTATION OF TI-C Transparency International Cameroon is the national chapter of TI. Established inthe year 2000, TI-C works in collaboration with public authorities, international organisations, the civil society and the private sector to combat corruption and promote good governance in Cameroon. Areas of interventions Land Governance Forestry Governance Public Finance Education Elections Justice www.ti-cameroon.org www.ti-cameroon.org

II- Understanding Land Legal Framework in Cameroon - Historical Background of Land Legislation Pre-colonial Era Communal Land ownership ( Land owned by families or villages) Traditional heads were the trustee or custodians of the Land Colonial Era German 1896 - Introduction of State ownership of the Land ( CROWN LANDS ACT) Customary rights recognised ( « Vacantes et sans maitre ») French and British 1927-1938 – State ownership of the land maintained 1922- French civil code differentiated in land administration « NATIVES » from « ASSIMILES » French decree of 1932- Introduction of individual land ownership procedures www.ti-cameroon.org www.ti-cameroon.org

II- Understanding Land Framework in Cameroon (next) Comptemporary Era 1974- Land tenure ordinance Upheld state land ownership Established complex and expensive procedures for private land ownership Limited access to land for rural communities Weakened land tenure security ( especially for rural poors) Consequence: From a situation where local communities could administer their land, they found themselves in a situation where they had to prove ownership rights ( individual ownership procedures) or other real rights over the land. www.ti-cameroon.org 5 www.ti-cameroon.org 5

Understanding Land Framework in Cameroon (next) Current Land Legislation Framework The 1974 Land Tenure ordinance point out the followings: All land in Cameroon belongs to the state Individuals and communities are only granted access to land Registration is the only way of acquiring land ownership Thus, poor rural Communities depending on land to practice agriculture (for income and subsistence) are faced with long, complex and costly procedures in the acquisition of land certificate. Therefore, the poor and vulnerable are unable to protect their land from any encroachement, making land tenure security a catalyst to rural poverty. www.ti-cameroon.org

Why Land Governance Matters Definition Governance advocates for the rule of law and minimizes the risk of corruption, it means a participatory operation based on accountability, transparency, efficiency, responsiveness without exclusion “Land governance involves a procedure, policies, processes and institutions by which land, property and other natural resources are managed. This includes decisions on access to land, land rights, land use, and land development. All countries have evolved a policy on how to deal with the management of land in their society. They have to deal with the four functions of land tenure, land value, land use, and land development in some way or another. In every society, sound land governance is the key toward the achievement of sustainable development”. (Essien D. Essien, 2015). www.ti-cameroon.org

Why Land Governance Matters (next) one land-Various actors- different interests ( this justifies land disputes) Help defend and protect the rights of the vulnerable groups Land is the main source of income for rural poor ( In cameroon close to 82.28% in rural areas are considered to be poor and depend mostly on agriculture) Promote equitable access to land and land tenure security by tackling corruption and therefore alleviate rural poverty www.ti-cameroon.org

Poor Land governance: Manifestations and impact on rural poverty Land Tenure Security Registration is the only means of securing land Complex and long registration procedure High cost of resgistration procedure corruption at each step of the registration procedure ( 17,5% of people interviewed said to have paid bribe to get information on land tenure and land title acquisition procedure) Source: « Land and corruption in Africa project » TI-C 2016 Lack of transparency ( access to information) www.ti-cameroon.org

issue of gender and property rights ( weigh of traditional cultures) Poor Land governance: Manifestations and impact on rural poverty (next) Rural Women’s rights issue of gender and property rights ( weigh of traditional cultures) The 1974 land tenure ordinance provides women with equal rights to own land property Women produce 80% of food but only possess 2% of Land Exposition to corruption practices such as bribery, harrasment including sexual harassment ( due to strong dependency on the land for their livelihood) www.ti-cameroon.org

Poor Land governance: Manifestations and impact on rural poverty(next) Expropriation and Compensation 1974 Land tenure ordinance stipulates that: “Persons affected by expropriation shall be entitled to compensation in cash or in kind under the conditions defined in this law”. Corrupt Practices Understimation of the value of the land ( Compensation commission) Land grabbing by local elites ( development projects) Embezzlement of compensation funds by corrupt government officials ( 800 fictious names; example of Kribi 2014). www.ti-cameroon.org

Recommendations Government should strenghten anti-corruption measures that will help reduce corruption in land administration, partially responsible for aggravating the state of poverty in rural areas. The Government should revisit land tenure legal framework in such a way that it will recognize and defend customary land interests as land rights The Governement should review and ease registration procedures/processes Civil society organisations should provide legal assistance to and empower rural communities to defend and protect their rights ( case studies of COFEVAC) Donors like the World Bank should partner with CSOs to develop and implement programs aiming at facilitating land tenure security for the rural poor www.ti-cameroon.org

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