A Paradigm Shift in Environmental Protection in Cameroon: Appraisal of the Role of the Court in Enforcing the “Right to a Healthy Environment”

Abstract

Environmental governance in post-colonial Cameroon began timidly with the adoption of the Penal Code, 1966, being among the earliest legislation with an environmental flavour. The code, a precursor to environmental governance in the country, identified and criminalized numerous environmental violations against individual and state interests among which are air and water pollution (section 261), adulteration of food stuffs (section 258), trespass to land (section 239), cruelty to animals (section 268), arson (section 227), and obstruction of the use of public highways and waterways (section 230). The code is supplemented by plethora of municipal legislation establishing guidelines and standards for environmental management in the country, most of them tapping from standards enunciated under international law. A novel approach to environmental protection, which is now gaining increasing international momentum, is the “greening” of international human rights law with the recognition of the right to a healthy environment. The constitutional protection of this right in Cameroon transforms the idea of environmental protection from mere standards and guidelines to a legal entitlement which can be invoked before the court. The enforcement of this right generates procedural difficulties especially in common law courts where the doctrine of causation and locus standi militate against its effective enforcement. Considering the myriad forms of environmental harm, establishing a relationship between the tortfeasor and victims of environmental harm on the basis of the causa sine qua non test is a tall order in environmental litigations. Nonetheless, Cameroonian courts have devised measures to overcome these procedural lapses and have been at the forefront of enforcing environmental governance in the country. In spite of the commendable role played by the court, the impact of its decisions is yet to be far reaching. This paper examines the procedural difficulties in enforcing the “right to a healthy environment” protected in the Constitution of Cameroon 1996 (as amended). It addresses the effectiveness of the court in enforcing environmental governance in the country. The paper adopts a qualitative methodology grounded on the interpretation of primary and secondary data. It also adopts an empirical approach where unstructured interviews and personal observations are employed. Although the paper commends the increasing activism of the court, it opines that the role of the court has to be complemented by other measures if the right to a healthy environment is to be realized by the citizenry.