Environmental Engineering Reference
In-Depth Information
flaws and contradictions. For instance, the concept of community forest as con-
ceived by the 1994 Forestry Law is not a wholesale transfer of property rights but
simply a transfer of management, since the state is the de jure owner of the re-
sources. Thus the appellation is a misnomer. According to Tumnde (2001), the
wording of section 37(1) of the Forestry Law suggests that there will be a partner-
ship between the forest service on the one hand and the local community on the
other, in the management of the community forest. But this is not the case because
the local community implements the management agreement under the supervi-
sion of the forestry service which can either suspend the activities in the manage-
ment plan or annul the agreement. Also, the sale of standing volumes or authoriza-
tion to cut poles falls within the prerogative of the state to be undertaken by it on
behalf of the community. This gives the impression that the community forest is
an ephemeral rather than a long-term project. Furthermore, it does not provide any
long term assurance to the community as it is meant to perpetuate the firm grip of
the state over forest resources. In the light of all these aspects, participation actu-
ally becomes a burden and is passively accepted. Since the exploitation of forest
resources is the prerogative of the state, there is no equitable distribution of bene-
fits, a cardinal principle of the community forest management system. Besides,
despite legal provisions which stipulate that technical services will be provided
free by the forestry administration to help the communities to prepare their appli-
cations, the cost remains high. This is a disincentive to the proliferation of com-
munity forests.
16.7 Legislation as an Instrument of Regulating Forest
Exploitation
Fonyam (2001) posits that the law as an instrument of social control has a para-
mount role to play with regard to forest protection. The1994 forest legislation cur-
rently in force in Cameroon spells out prerequisites for the exploitation of forests.
Section 25 of the forestry law states that “forest shall be exploited either under
state management, or under license, by the sale of standing volume or under a fell-
ing permit or authorization granted to companies or individuals”. A state forest
may equally be granted for exploitation to a government corporation, or to a com-
pany in which the government has at least 51% of the capital. In reality however,
most of the logging is done under license. Furthermore, the law restricts the
maximum number of hectares that may be granted to any one logger to 2,500 hec-
tares and forest exploitation contracts are renewable for a maximum period of fif-
teen years. The authority to grant exploitation licenses is predicated on the forest
area. When the area to be exploited is less than 10,000 hectares, it is the minister's
responsibility, while above that it is the prime minister's. Furthermore, the license
or permit usually carries with it certain specifications like quantities and the zone
of exploitation (Section 56(1)).
Regarding special products such as ebony, ivory, wild animal horns, as well as
certain animals, plant and medicinal species of particular interest, there is provi-
Search WWH ::
Custom Search