CRIMINAL LIABILITY FOR OIL POLLUTION UNDER CAMEROONIAN LAW: ISSUES AND CHALLENGES OF THE MAINSTREAM VIEWS OF THE LAW

Abstract

Cameroon is blessed with a lot of natural deposits and accumulations within its soils and sub-soils, with oil being one of the most essential. The scientific and technological vehicle which has carried man in his odyssey towards ultimate enjoyment of nature’s resources has been fuelled by various sources of energy.i The most important component of which is proving to be oilii. Oil is probably the only international industry that concerns every country in the world”iii. The importance attached to the laws in the fight against oil pollution iv in Cameroon is not misplaced. It is against the backdrop of the foregoing that this paper explores the causes, offences and defences under the ‘Code Communautaire De La Marine Marchande’vand some relevant Cameroonian legal framework lawsvi will be considered. In essence, the institution of criminal proceedings aims at procuring a sentence or a preventive measure against an offender as provided by law.vii The cumulative effect of pollution from all these sources on the environment has been of monumental proportion.  It constitutes a grave danger to all-natural resources, both flora, fauna and human beings. It also hinders marine actives especially fishing. It is true there exist a plethora of laws governing this section of the environment in Cameroon. All to stop, prohibit or reduce such criminal acts on our environment. The question is whether the existing criminal laws put in place by the Cameroon government are effective and enforceable enough to reduce the effects and consequences of oil pollution experience Cameroon environment especially the marine domain?  This paper explores and assesses the various criminal offences caused by oil pollution defaulters on Cameroonian marine environment and to examine the penalties. It is observed that criminal liability for damages caused by oil pollution has up until recently been govern by the general provisions relating to common nuisance, fouling water, and noxious acts under the Criminal Code. In this while government has taken the form of legal regulation and control through mainly civil and but increasingly criminal laws, such as the ‘Code Communautaire de la Marine Marchande, 2012, Cameroon Penal code, 2016, The Law of 1983, Law No 96/12 OF 5th August and The Cameroon Petroleum Code, 2019.