CRIMINAL LIABILITY AND SANCTIONS ON PERPETRATORS OF POLLUTION ON WETLANDS IN CAMEROON: WHAT THE 1996 ENVIRONMENTAL MANAGEMENT LAW SAYS
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https://doi.org/10.55662/IJLDAI.2022.8608Keywords:
Pesticides, pollution, wetlands, Environmental Management Code, Cameroon StateAbstract
This article examines criminal responsibility and sanctions melted out on perpetrators of pollution on wetland ecosystems in Cameroon. It objective therefore, is to scrutinise the causes of pollution on wetlands and the contributions of the 1996 Environmental Management Law as far as criminal liability and sanctions are concern on the committers of pollution on wetland ecosystems in Cameroon. The paper argues that, though there exist criminal liability and sanctions on authors of pollution on wetlands in Cameroon, wetlands in Cameroon continue to face degradation and loss as a result of anthropogenic factors. This article which to know why there is continues pollution on wetlands in the face of criminal liability and sanctions in the Environmental Management Law of 1996? The research rest essentially on the analysis of primary and secondary data, as such, the empirical and intensive desk research techniques are used to collect relevant information from text book, articles and the internet. The paper concludes that criminal liability and punishment on agents of pollution on wetlands is very important and the provisions of the 1996 Environmental Management Law should be respected and effectively implemented. The article recommends environmental education and sensitisation of individuals, private and public establishments. The introduction of environmental education and awareness in primary, secondary and higher institutions, bringing on board Non-Governmental Organisation, traditional authorities in collaboration with the administration.
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References
1 Available at www.org.uk last accessed on the 7th of March 2022
2 Debra R (2022) “How Wetlands Work” How Stuff Works, a division of Info Space Holdings, LLC.
3 Criminal liability in simplest terms means you may be held legally responsible for breaking the law. This can be potential or actual responsibility, meaning that you actually committed the crime, or that you are simply suspected of committing it,( see Marcia S in “What is Criminal Liability? 2015) on the other hand, Criminal sanctions are the penalties imposed on those who commit crimes. Whether a sanction is criminal or civil flows not from the nature of the penalty, but from the wrongdoing it punishes (or from the law that imposes the liability) (see Joseph J.B “Criminal Sanctions, Global Dictionary of Competition Law”, Concurrences, Art, N°88940, 1990).
4 Article 1.1 of the Convention on Wetlands of International Importance especially as Waterfowl Habitatat, concluded in Ramsar, Iran on the 2nd of February 1971.
5 See water.unI.edu , last accessed on the 7th of February 2022.
6 Law N° 96/12 of 5th August 1996 Relating to Environmental Management in Cameroon
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11 Law N° 96/12 of 5th August 1996 Relating to Environmental Management in Cameroon.
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15 Law N° 96/12 of 5th of August 1996 Relating to Environmental Management in Cameroon
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22 Law N°. 96/12 of 5th August 1996 relating to Environmental Management in Cameroon
23For example, Douala, Yaounde, Bafoussam, Limbe and Bamenda
24 Chengxiang Z et al (2020) “Can Constructed Wetlands be Wildlife Refuges? A Review of their Potential Biodiversity Conservation Value”. Sustainability 2020, 12, doi:10.3390/su1241442. DOI: https://doi.org/10.3390/su12041442
25 Law N° 96/12 of 5th August 1996 Relating to Environmental Management in Cameroon
26 See Article 77(1) of Law N°. 96/12 of 5th August 1996 Relating to Environmental Management in Cameroon.
27 See Article 77(2) ibid
28 See Article 78 Ibid.
29 Articles 80, 82(1), 83(4) and 86 of Law N° 96/12 of 5th August 1996 Relating to Environmental Management Law in Cameroon.
30 Part VI of the Environmental Management Law.
31 Article 80 Ibid.
32 Such as pesticides, agriculture, urbanization, toxic compounds and industry.
33 Article 73 of law N° 96/12 of 5th August 1996 Relating to Environmental Management in Cameroon.
34 Article 74 Ibid.
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