Améliorer le système d'expropriation et de compensation dans un contexte de pluralisme juridique: Leçons du Camerou

Samuel A. Nguiffo

Abstract


Cameroon is currently witnessing an unprecedented wave of land-based investments, ranging from natural resources exploitation (oil, mining and gas), logging, large infrastructure building, etc. These developments happen in a context of population growth, in an increase in the domestic demand for land. There is a gap between the legislation governing expropriation and compensation in the country, and the variety of customary rules on land and resources. This context of legal pluralism results into endless conflicts opposing communities and the investors, including the State. A thorough analysis of the legislation reveals a series of weaknesses, and the on-going land reform in Cameroon offers a unique opportunity for an in-depth revision of the rules governing expropriation, in order to ensure a better protection of communities’ rights. This study indicated paths for the reform, in terms of improvements of the quality of information granted to potentially affected communities, in the composition and mandate of the commission identifying the victims and damages, and in the scope of compensation and modalities of payment.  

Keywords


Expropriation; compensation; land-based investments;

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DOI: https://doi.org/10.48346/IMIST.PRSM/ajlp-gs.v3i1.18335