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

Conflict is inevitable in human society. It stems from differences in opinion and perspective on specific subject matter. These differences can lead to dispute if not amicably resolved. Hot tempers cause arguments, but patience brings peace.[1] Since creation, human existence has been fraught with disputes. Disputes are inevitable and no matter their nature, they are accepted as part of human relation in our society.[2] Over the years the daunting task of disputes has been how to resolve them. Disputes may take different forms and may be classified into two main categories to wit: internal and external disputes.[3] Internal disputes or conflicts are limited to the ergo of the individual which may subsequently be manifested externally in the way an individual behaves towards others.

External disputes, which is the focus of this study may involve; ethnic, national, international, political, economic and cultural aspects or issues. Conflict over land ownership which as example of external conflict, maybe violent or non-violent but greater emphasis would be laid on violent conflicts because of their negative and devastating repercussions on persons and property.

In the quest for lasting peace in national and international politics and relations, getting a full grasp of effective techniques in disputes management unalterably involves three phases. Firstly, the pre-conflict phase which involves measures geared towards conflict prevention. Secondly, the conflict stage which is ushered in when the conflict prevention stage fails and the disagreement blasts into full blown conflict. This stage deals with the conflict proper, its monitoring, controlling and implementation of steps of disputes settlement. Finally, the post conflict phase which involves measures put in place to safeguard the peace agreement to preserve the peace gained via settlement.

Disputes over land ownership are a perennial problem in Cameroon both at family and community levels[4], owing to the importance of the resource for survival, security, emotional and spiritual attachments.[5] Despite these, the situation shows that in practice ownership of land especially to the world‘s poor and vulnerable is not only limited but also insecure.

Land disputes in Cameroon are traceable from colonial era. The basic common law concept of nemo dat quod non habet which means you cannot give what you do not have, is quite instrumental in understanding the nature and magnitude of the state ‘s claim to the guardianship and control over all lands. The basis of this claim hinges on the fact that whoever controls land also controls its allocation and this notion accounts for the long existing land disputes between the state and traditional authorities over the attribution of land. The question of the state claiming guardianship over all lands originated in 1896 when the Germans used the Crown land Act to claim all unoccupied lands as Crown lands. These unoccupied lands were characterized as ‘ownerless lands’ because of such a sweeping claim, the local population raised vigorous opposition against the government for the massive land expropriation. The basis of their argument is that, by their customary laws, all lands had land lords even though they might be unoccupied.[6]  The Germans implemented the land policy as they expropriated the Bakweri area along the foot of Mount Cameroon, into reserves expropriating land for plantation Agriculture[7]. It is worth noting that land disputes are still ongoing amongst the indigenes because they are interested in their land.

The 1990s ushered in an unprecedented wave of violent land disputes between village-groups in the North-west Region of Cameroon. Widespread hardship, introduced by a prevailing economic crisis was blamed for the upshots of these disputes. But on a closer examination it became clear that land disputes have their roots in European colonialism and result largely from administrative policies that were disruptive on inter-village disputes boundary disputes. Despite the efforts of the British colonial authorities at resolving these disputes before the close of the colonial era, they persisted because post-colonial administrations have failed to judiciously address them.[8]  The North-west Region has recorded some violent land disputes such as: the Bali Nyonga- Bawock 2007, the Oku-Mbessa 1942-1982[9] land conflict, Bambili / Babanki-tungoh land conflict 1950-1998.[10] They all embodied devastating and numerous killings of people and socio-economic sufferings such as; displacement of people and hardship.

In the Fako division, land matters have remained some of the most conflictual concerns across the country over the years. This has partly been as a result of the increasing value of land either due to demographic growth or its geographical location.[11] Land matters have remained some of the most conflictual concerns across the country over the years. This has partly been the result of the increasing value of land either due to demographic growth or its geographical location. For instance, Fako Division in the South West Region has recently come under bad publicity as a place where land management is most obscure. Social and conventional media reports have portrayed land acquisition in Fako Division as fraught with negative outcomes, having destructive and devastating effects in the area.  In most of the cases. Both the population and local authorities are often accused of complicity with the administration. Mr. Chaibou, Civil Administrator, who took the reins of Fako as Senior Divisional Officer (SDO) on 23 July, 2022, is on the news already as whirling a clean broom to sweep his jurisdiction of past administrative and cultural filth. His call to order of purported chiefs of the area and a scrutiny of imaginary villages in his jurisdiction is a strong signal that the ailment of land misappropriation in Fako required a horse therapy for cure. 

According to a widely circulated invitation, due to the creation of numerous villages and handpicked chiefs in those villages, some eight persons accompanied by the Divisional Officer of Tiko Subdivision on the 27 October, 2022, to meet the SDO of Fako to explain their flirtations with cultural titles over imaginary villages. In the same vein, Limbe One Subdivision emerged with 15 doubtful villages and chiefs as revealed by Fako Administration. Equally, Buea Subdivision is sheltering 25 questionable villages and chiefs who are now under fire to prove their case administratively before the Fako SDO. [12]

A diagnosis of land worries in Fako, like in certain parts of Cameroon, shows double standards from traditional rulers, villagers, and some officials. The genesis of land headache in Fako springs back some two or three decades when the State, facing demographic and social growth, came out with an alternative use of the land it had leased to CDC, the Cameroon Development Corporation. The CDC farming corporation was urged to surrender some of the land surface it occupied or intended to occupy in Fako to the State for redistribution to local communities. This happened and the State ceded the lands to over populated villages for extension, to disappearing villages for relocation, and to villagers for construction of their homes. As of date, some 3,000 hectares of land have been surrendered by CDC to the State for redistribution to satisfy the demographic needs. 

The causes of worry in the exercise surfaced when wrong motives of receivers of the lands superseded the State’s good intention to provide it for development and emancipation. Locals started creating fictitious villages to acquire land thereby misleading the administration. Some individuals saw in land allocating a source of personal and dishonest income. If an administrative officer signed out some fifteen hectares, he retained two or three for personal use. The beneficiary villagers sold the lands out to whoever had the money. Many sellers of land squandered the proceeds and never constructed any home for themselves. Worst still, the village heads or chiefs fronted for the purpose of land acquisition hijacked the operation and sold most of the land they received for their pockets.[13]

The trend proved that the well-intended exercise of ceding land to communities was being defeated and exploited for private enrichment using chieftaincy personality cult. The whole exercise was even turned into a farce when some chiefs petitioned the University of Buea recently asking the institution to surrender land for their villages. In effect, they meant to sell the land once they received it. but the University was wise and turned down the request. Many of the purported local chiefs were recently seen driving expensive cars without any clean income-generating activity known to the public. 

Regardless of where a piece of land is situated in the world and Cameroon there are many causes, varied types of land disputes which are unique to the country. It is worth noting that if disputes become violent with devastating effects in these regions it is proper to resolve them for peace, harmony, security and development to reign in the affected areas and the country at large. There exist several methods in resolving conflicts which are well known as Alternative Dispute Resolution (ADR) mechanisms and they include the following; negotiation, conciliation, mediation, arbitration. Negotiation is a dispute resolution mechanism where parties to the dispute handle settlement conflict without resorting to hiring third parties. In order words, in a bid to reach understanding and not allow differences to escalate to violence, the persons concerned themselves open channels of communication, use dialogue or take actions that will lead to the resolution of their conflict.[14] Conciliation on its part is the settlement of conflict by consensus of those concern through the involvement of a third party called a conciliator. The conciliator enables the disputants to resolve and look at the causes of the conflict and endanger voluntary participation and discussion as steps to conflict resolution.[15] Mediation on its part, is a third-party intervention process that aims at helping the parties to a dispute to reconcile their difference, reach a compromise and attain settlement of their conflict.[16]  Arbitration involves a private judge known as the arbiter or arbitrator who is selected by the parties to the dispute and who imposes a resolution of the dispute. Arbitration is a third part intervention which can be either voluntary or mandatory.[17]  

1.2 STATEMENT OF THE PROBLEM

The problem of disruptive boundary demarcations is a fundamental call for concern. Hastily and hazily is the actual description of colonial attitudes towards boundary delineation. This arose from when the British decided to demarcate boundaries and resolve boundary disputes created by Germans in 1928.[18] In the haste to demarcate, survey errors were committed and these have been the reason of many boundary disputes in the Northwest (N.W) and Southwest (S.W) regions of Cameroon amongst tribes like the Makon-Nsongwa 1927, Bambili-Babanki. The cases involving the Bali-Bawock 2007 and Bakweri Land Claims Committee v Cameroon Development Corporation are products of poor and skewed boundary demarcations from colonial era which resurfaced in 2004. In this light the research investigates the problem of land disputes in view of identifying and resolving such disruptive boundary demarcations in the country.

The research focusses on a less conventional resolution mechanism : the traditional approach of conflict resolution. It denotes the efforts put in place by the traditional council in settling land issues without engaging litigations. Even though the traditional mechanisms such as negotiation, mediation,   just to name a few, are widely used withing the Fako Division, the process is less costly, but the outcome  is not binding on the parties as either of them can resort to court proceedings. It makes the option less effective and compelling which this work seeks to investigate.

1.3 RESEARCH QUESTIONS

The research question is divided into two: main research question and specific research questions:

1.3.1 Main Research Question

 To what extent does the traditional methods in resolving dispute in Cameroon successful?

1.3.2 Specific Research Questions

• What are the various nature, causes and impact of land disputes in Cameroon?
• what are the traditional methods of resolving land disputes in Cameroon?
• How effective are the traditional mechanisms in resolving land disputes in the country?
• What policy recommendations are necessary to effectively resolve or curb land disputes in Cameroon?