Integrating customary and legal systems for forest product governance, Cameroon
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Ingram, Laird et al. integrating systems cameroon may 2012
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Integrating customary and legal systems for forest product governance, Cameroon
- 1. Integrating Customary and Statutory Systems The struggle to develop a Legal and Policy Framework for NTFPs in Cameroon 13th Congress of the International Society of Ethnobiology, Montpellier Session 42 Effective and equitable law and policy for NTFPs 24 May 2012 Verina Ingram, Sarah Laird, Abdon Awono, Ousseynou Ndoye, Terry Sunderland, Estherine Lisinge and Robert Nkuinkeu THINKING beyond the canopy THINKING beyond the canopy
- 2. The struggle in Cameroon…. • Diverse & many forests, people & products >700 NTFPs ≈280 tribes & linguistic groups • Subsistence and traded • There is policy and not…. • Products and species are regulated and not… • Policy and regulatory focus on timber THINKING beyond the canopy
- 3. Why: plural tenure • Historical layers • Current consequences 1884 THINKING beyond the canopy
- 4. Mixed bundle resource rights Droit d’usage Customary user rights Free usufruct rights Paid access for 13 Special Forestry products • No access protected areas • • • • THINKING beyond the canopy
- 5. Laws • 1974 Land Law ‘squatters’ – Public state land – Private land – National domain land • ‘Vacant’ & ‘occupied/worked’ • 1994 Forestry, Wildlife & Fisheries Law – Special Forestry Products – Quotas & permits – Community & council forests • Agricultural & Livestock regulations THINKING beyond the canopy
- 6. Plural governance arrangements Ingram EFTRN 2News 53 012 THINKING beyond the canopy
- 7. Taxation • Formal – Quotas & permits – Market traders – Regeneration taxes • ‘’Informal’’ (corruption) – Permits – Transport • • Ineffective, low revenues, untransparent, favours powerful, urban & elites Increases price for consumers, decreases trader’s buying price , encourages informality, unpredictable THINKING beyond the canopy
- 8. • Vibrant NTFP sector exists – larger than timber sector • Steps taken to develop regulatory and policy framework • But current situation characterised by uncomplementary pluralism, inconsistent & inappropriate laws, unenforcement and corruption • Customary law still dominates for majority of NTFPs • Insufficient protection for products with high commercial demand and traded in large volumes • Result in regulatory framework that undermines sector , livelihoods and sustainability • Beneficiaries are powerful few, urban and elite at cost of many, local and small scale forest and rural actors Conclusions THINKING beyond the canopy
- 9. Recommendations • The range of NTFP values acknowledged. Subsistence use recognized & with small-scale, local trade exempt from taxation & intervention • Land tenure and resource rights rationalized. • Customary law respected & complementary to statutory law. • Regulatory framework streamlined and clarified. NTFP laws better elaborated and defined • Consultations inform legal & policy framework • Rational, legitimate and just taxation • Regulatory framework for NTFPs streamlined and made clear. • Government institutional capacity improved • Outreach by government and others THINKING beyond the canopy
- 10. http://www.unutki.org/news.php?news_id=84&doc_id=101 Wild Product Governance Chapter 2 Thank you ! Contacts: Verina..ingram@wur.nl, sarahlaird@aol.com a.abdon@cgair.org ousseynou.Ndoye@fao.org t.sunderland@cgiar.org estherine.Lisinge-Fotabong@unep.org nkuinkeu@yahoo.com THINKING beyond the canopy
Notes de l'éditeur
- 706 ntps at least known in cameroon - approximately one-third of these are traded; around 50 plant-based and 70 animal-based NTFPs are exported (Ingram 2012)
- Over 700 ntfpos
- Slide 4: There is a need to emphasize during the presentation that the ‘droit d’usage’ is only limited to gathering/harvesting of NTFP for consumption.
- The new forestry law still under discussion will open it to a ‘limited’ commercial use right (droit d’usage commercial limité) which will enable local communities to sell small quantities of NTFP (on a legal basis) to buy soap, petrole etc… The 1974 Land Ordinance classified land into three major categories. Public state land consists of lands that prior to independence were held by foreigners, usually large plantations which after independence became state property. Some are managed by parastatal organizations such as the Cameroon Development Corporation (CDC), some have reverted to natural forest cover and others are used for public purposes. Private land comprises land registered by private individuals (actual persons or international organizations). AFDB 2009 report – ‘’ an estimated 150 000 land certificates out of 3 000 000 potential parcels of land have been issued’’ . National domain land, which is all land not registered, is divided into two categories: vacant land and land occupied and worked by indigenous populations.
- Slide 6: Corruption increases the prices paid by consumers and lowers the prices received by producers. Slide 8: There is a need to eliminate informal taxes (corruption)
- Slide 6: Corruption increases the prices paid by consumers and lowers the prices received by producers. Slide 8: There is a need to eliminate informal taxes (corruption)