AN APPRAISAL OF THE TRADITIONAL METHODS OF RESOLVING LAND DISPUTES IN CAMEROON: THE CASE OF FAKO DIVISION

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Study

External disputes, which constitute the focus of this study, often encompass ethnic, national, international, political, economic, and cultural dimensions. Among these, land ownership conflicts stand out as a particularly pervasive form of external dispute. Such disputes may manifest in either violent or non-violent forms, but greater emphasis is placed here on violent land conflicts due to their destructive repercussions on human life and property.

In the pursuit of lasting peace within national and international relations, understanding the dynamics of conflict management requires attention to three interrelated phases. The first is the pre-conflict stage, involving preventive measures aimed at averting escalation. The second is the conflict stage, which arises when preventive mechanisms fail and disputes erupt into open confrontation. This stage concerns the monitoring, control, and active management of the conflict. The third is the post-conflict stage, which emphasizes peace-building strategies designed to consolidate agreements and preserve the fragile stability achieved through settlement.

Land remains one of the most contested resources in Cameroon, both at the family and community levels. Its centrality derives not only from its economic value but also from its role in security, survival, and deep emotional or spiritual attachments. Despite this importance, access to land for the poor and vulnerable remains limited and often insecure.

The roots of land disputes in Cameroon can be traced back to the colonial era. The common law maxim nemo dat quod non habet (“no one can give what he does not have”) is particularly relevant in understanding the magnitude of the State’s claim over land ownership. Colonial administrators asserted control over all lands, justifying this claim on the premise that authority over land implied authority over its allocation. In 1896, German colonial authorities invoked the Crown Lands Act to declare all “unoccupied” lands as Crown property. These lands, classified as “ownerless,” were expropriated for plantation agriculture, particularly in Bakweri territory at the foot of Mount Cameroon. Indigenous communities strongly resisted, arguing under customary law that no land was truly without ownership, since even uninhabited lands were under the custodianship of traditional landholders. Such contestations laid the foundation for long-standing tensions between the State and traditional authorities.

During the 1990s, Cameroon witnessed an unprecedented wave of violent land disputes, particularly in the North-West Region. Although these clashes were often attributed to the economic crisis of the period, closer scrutiny reveals deeper historical causes rooted in colonial boundary policies. Disruptive administrative practices under German and later British colonial rule exacerbated inter-village boundary disputes. Despite efforts by colonial authorities to resolve them, such disputes persisted into the post-colonial era due to weak administrative redress. Notable examples include the Bali Nyonga–Bawock conflict of 2007, the Oku–Mbessa conflict (1942–1982), and the Bambili–Babanki Tungoh dispute (1950–1998). These conflicts left trails of death, displacement, and immense socio-economic hardship.

In the Fako Division of the South-West Region, land matters have consistently been among the most contentious issues in Cameroon. The growing economic and demographic value of land, coupled with its strategic location, has intensified disputes. Fako has gained notoriety for opaque land management, with frequent accusations of collusion between administrators, local chiefs, and community members. Media reports highlight widespread misappropriation and fraudulent acquisition of land, often involving the creation of fictitious villages and the installation of handpicked chiefs. In 2022, the Senior Divisional Officer (SDO) of Fako, Mr. Chaibou, launched a sweeping inquiry into questionable land allocations, exposing over 40 suspected “imaginary villages” across subdivisions such as Tiko, Limbe, and Buea.

The genesis of these disputes can also be linked to State decisions regarding lands previously leased to the Cameroon Development Corporation (CDC). With rising population pressures, the State reclaimed over 3,000 hectares from the CDC for redistribution to local communities. However, instead of using the land for housing and development, many beneficiaries diverted it for profit. Chiefs and individuals exploited the redistribution scheme for personal enrichment, reselling lands to outsiders and pocketing proceeds. Some chiefs even attempted to appropriate land from the University of Buea under the guise of community needs, only to resell it once obtained. The sudden acquisition of wealth by such actors further illustrates how noble policy objectives were undermined by corruption and abuse of authority.

Overall, land disputes in Cameroon manifest with diverse causes and varying intensity. When such disputes escalate into violence, they not only disrupt peace and security but also stall socio-economic development. Addressing them requires recourse to well-established Alternative Dispute Resolution (ADR) mechanisms, including negotiation, conciliation, mediation, and arbitration. Negotiation allows disputing parties to resolve their differences directly without third-party intervention, often through dialogue and compromise. Conciliation introduces a neutral third party (conciliator) who facilitates voluntary participation and consensus. Mediation similarly relies on third-party intervention to reconcile differences, encourage compromise, and promote settlement. Arbitration, on the other hand, involves the appointment of an arbitrator whose binding decision imposes a resolution. These mechanisms, if effectively employed, offer constructive pathways for resolving land disputes while reducing the risks of violence and promoting lasting peace.