Chapter 6: Forests, forest rights, benefit-sharing and climate change implications under Cameroonian law

Abstract

In addition to the vital functions of forests, international climate change negotiations have given an additional dimension to the value of forests regarding their climate change mitigation (CCM) relevance. Cameroon’s forestry legal framework classifies forests into various types, and a corresponding bundle of rights is attached to each forest type in addition to a mechanism for the allocation and sharing of benefits. The implementation of this legal framework has CCM implications. This chapter identifies the various forest types, the bundle of rights attached thereto and the formula for allocating and sharing benefits under the forestry laws, analysing their implications for CCM. The chapter argues that although Cameroon’s forestry legislation puts in place a bundle of rights attached to each forest type and a mechanism for benefit-sharing (BS), the forest rights are not adequate for some relevant stakeholders involved in forest management, and the BS mechanism is plagued with inherent flaws. By extension, it does not enhance the role of forests in contributing to CCM in Cameroon. The principal objective of this chapter is to demonstrate that the role of forests in contributing to CCM in Cameroon, which can only be enhanced by the establishment of adequate forest rights for relevant stakeholders involved in forests management, and the effective implementation of a fair and equitable BS paradigm aimed at incentivising sustainable forest management (SFM) and forest conservation. The chapter analyses Cameroon’s legislation, focusing specifically on how it provides for the protection of the various types of forests, forest rights, mechanisms for BS, assessing their CCM implications in Cameroon. The chapter concludes that the role of the country’s forests in contributing to CCM is greatly hindered due to aninadequate and inappropriate recognition of forest rights reserved for some relevant stakeholders involved in forest management and a corresponding inadequate and inappropriate BS formula, underscoring the need for urgent legal reforms. The chapter ends with some recommendations.