Introduction
Law is the set of rules that govern the interaction of people in society. The law can be objective (a prerogative for all) or subjective (a prerogative for a specific person or group) and its effectiveness and efficiency are guaranteed by the jurisdictions that are responsible for sanctioning its non-observance.
There are many controversies surrounding the notion of ‘indigenous peoples’. In Cameroon, these are peoples who are closely dependent on their ancestral lands for their survival; peoples who are politically, economically, socially and culturally marginalised; peoples who self-identify as indigenous. These are nomadic and semi-nomadic peoples, which are hunter-gatherers (the pygmies: Baka, Bakola, Bagyely and Bedzan) and pastoralists (the Bororo).
Are the rights of indigenous peoples myths or realities in Cameroon?
It should be noted that in Cameroon, the rights of indigenous peoples are both a reality in myth and a myth in reality.
Indigenous peoples’ rights as a reality in myth in Cameroon
The reality in the myth comes to mind from the simple fact that the recognition of indigenous peoples’ rights is effective but still very controversial in Cameroon. Cameroon’s 1994 forestry law and subsequent texts, the 2016 law on the mining code of Cameroon, the 2021 law governing access to genetic resources, their derivatives and associated traditional knowledge, to name but a few, recognise indigenous peoples’ land-environmental rights (right of use, right to participation, right to culture, recognition of traditional practices and knowledge). Indigenous peoples’ land-environmental rights (right to a healthy environment, right to health and life) are indirectly recognised by Cameroon’s 2008 constitutional law and by environmental legislation. Furthermore, Cameroon has ratified the UN Declaration on the Rights of Indigenous Peoples and is a party to the African Charter on Human and Peoples’ Rights which is interpreted by the African Commission and Court on Human and Peoples’ Rights in favour of indigenous peoples. It is a State Party to COMIFAC, a sub-regional organisation in Central Africa, which has measures that recommend recognising and protecting the land rights of indigenous peoples.
The question could be asked whether presenting these rights is not describing a skeleton without a pulpit or placing ploughs before oxen when it is known that there are serious difficulties in Cameroonian legislation regarding the identification of the true indigenous peoples of Cameroon? Are rights thus attributed to unknown subjects? These are all questions that plunge us into an unsuspected myth.
The rights of indigenous peoples as a myth in Cameroon’s reality
The rights of indigenous peoples in Cameroon appear to be a myth in reality because in practice, the rights of indigenous peoples are only limitedly recognised in Cameroon. There is little recognition of these rights when projects are carried out on indigenous territories. Indigenous peoples may find it difficult to claim their rights because the legislation does not clearly define their status and they are poorly informed about the threats to their land rights.
Conclusion
Several states have realised the need to protect and recognise the rights of indigenous peoples in order to ensure peace and social and national security. Cameroon has embarked on this adventure by gradually recognising the rights of these specific peoples. This recognition is consolidated by legal texts and the will of the Cameroonian State to integrate indigenous peoples into the governance of the territory (Martin ABILA is the very first Baka traditional chief installed in the village of Assok, in Southern Cameroon by the Cameroonian State in 2021). However, this recognition is still in its infancy and requires many adjustments.
