THE RIGHT TO PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING IN CAMEROON: AN APPRAISAL ON THE LEGAL FRAMEWORK

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  • Titiahong Bertrand Sontameh PhD In Public Law, University of Dschang, Dschang, Cameroon Author

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DOI:

https://doi.org/10.55662/IJLDAI.2022.8601

Keywords:

Environment, Environmental Rights, Environmental Democracy, Legal Framework, Cameroon

Abstract

It is a commonplace that environmental degradations is alarming and keeps rising at a high pace in the contemporary and digitalized world and constitutes a threat not only to human health but slowing down economic growth and development. Developing countries in general and Cameroon in particular is not freed from this global and common problem and will likely persist and even intensify unless there is a change in the political will to fully involve the population in environmental decision-making processes at every level. This therefore means that the role of the citizens in protecting the environment stretches far beyond designing effective environmental standards, since the timid and discriminate involvement of the populations in environmental decision-making process and coupled with the overall ineffective and corrupt government practices appears to undermine citizens’ involvement for critical environmental policymaking. In effect, the right to public participation in environmental decision making in Cameroon as contained in international instruments and national legislations seems to remain on papers. In this present circumstance, a much needed reform is required for a proper implementation of the right to public participation in environmental decision making process in Cameroon.  

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References

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ii

Ibid

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v

Ibid

vi Jerzy Jendrośka, Procedural Environmental Rights: Principle 10 in Theory and Practice, European

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vii Chiara Costanzo, The Right to a Healthy Environment: A Rights Based Approach to Environmental Issues ,

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viii

See Principle 19 0f the 1972 Stockholm Declaration

ix

See Principle 10 of the 1992 Rio Declaration

x

Ibid, Principle 20

xi Ibid, Principle 21

xii Ibid, Principle 22

xiii Augustine B. Njamnshi, Justice S. Nchunu, Prudence T. Galega & Peter C. Chili, An assessment of access to

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xiv Ibid

xv Ibid

xvi See Article 45 of the 1996 Cameroon constitution DOI: https://doi.org/10.1515/9783110974553.45

xvii See Article 6 of the 1992 UNFCCC

xviii Hycinth Banseka & Laurent-Charles, Cameroon: Preparing the National Adaptation Plan for Climate Change

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xix

See Article 14 (1) (a) of the 1992 Convention on Biological Diversity

xx The Preamble to Chapter 23 of Agenda 21 DOI: https://doi.org/10.1007/BF03080614

An Open Access Journal from The Law Brigade (Publishing) Group 57

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

VOLUME 8 ISSUE 6 – ISSN 2454-1273

November- December 2022

https://thelawbrigade.com/

xxi Dinah Shelton, a rights-based approach to public participation and local management of natural resources,

pp.219-237

xxii

Ibid

xxiii

See Article 16 of the 2003 African Convention on the Protection of Nature and Natural Resources

xxiv

See Article 21 of the 1981 African Charter on Human and Peoples’ Rights

xxv Lilian Chenwi, “The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional

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xxvi

See Article 24 of the 1981 African Charter on Human and Peoples’ Rights

xxvii

See the preamble of the 1996 Cameroon constitution

xxviii

See Article 25 of the 1966 International Covenant on Civil and Political Rights

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xxxi Azaufa Takunjuh Ngundem Betaah, Eike Albrecht,& Terence Onang Egute, The Human Right to a Healthy

Environment in Cameroon: An Environmental Constitutionalism Perspective, Journal of International

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xxxii

Ibid

xxxiii

See Principle 22 of the Preamble of the Cameroon Constitution of 18th January 1996

xxxiv Marie NGO NONGA, “La responsabilité civile Environnementale en droit Camerounais”, Chargée de cours,

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xxxv

See Article 65 of the Cameroon Constitution of 18 January 1996

xxxvi

Thomas Greiber & Simone Schiele (edits), Governance of Ecosystem Services Lessons Learned from

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xxxviii

See Article 9(e) of the 1996 Law on Environmental Management

xxxix

Ibid, Article 72

xl

Ibid, Article 74

xli Ibid, Article 2(1)

xlii See Article 3(3) of Decree No.2013/0171/PM of 14 February 2013 to lay down the methodology for conducting

environmental and social impact assessments

xliii

Ibid, Article 20(1)

xliv

Azaufa Takunjuh Ngundem Betaah, Eike Albrecht,& Terence Onang Egute, “The Human Right to a

Healthy Environment in Cameroon: An Environmental Constitutionalism Perspective”, Journal of International

Environmental Law and Litigation, Vol. 34,61, 2019, op.cit.pp.62-83

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Published

04-11-2022

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How to Cite

Titiahong Bertrand Sontameh. “THE RIGHT TO PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING IN CAMEROON: AN APPRAISAL ON THE LEGAL FRAMEWORK”. International Journal of Legal Developments & Allied Issues, vol. 8, no. 6, Nov. 2022, pp. 41-56, https://doi.org/10.55662/IJLDAI.2022.8601.

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