THE UNIVERSITY OF YAOUNDE II – SOA

FACULTY OF LAWS AND POLITICAL DEPARTMENT OF COMMON LAW

SCIENCE STUDIES
--------------- ----------------

LEGAL AND POLICY MECHANISMS

FOR URBAN POLLUTION CONTROL
WITH PARTICULAR REFERENCE TO
SELECTED CITIES IN CAMEROON

A DISSERTATION SUBMITTED IN FULFILMENT OF THE REQUIREMENTS FOR

THE AWARD OF A Ph.D. IN LAW

By

FONJA Julius ACHU

LL.M A. B. U)

Supervisor: Co-supervisor:
E. N. NGWAFOR Samgena GALEGA
Professor of Law Associate Professor of Law

November 2013
 DECLARATION

I hereby declare that this dissertation has been written by me and that it is a record of
my own research.
It has not been presented in any previous application for a higher degree. All quotations
and references are indicated with specific acknowledgements.

ii
 CERTIFICATION
This thesis entitled “Legal and Policy Mechanisms for Urban Pollution Control with
Particular Reference to Selected Cities in Cameroon” by FONJA Julius ACHU meets
the regulations governing the degree of Ph.D. in Law of the University of Yaoundé II,
Soa, and is approved for its contribution to knowledge and literary presentation.

Supervisor
E.N NGWAFOR
Professor of Law

____________________

Co-supervisor
Samgena GALEGA
Associate Professor of Law

____________________

iii
 DEDICATION

To my late father.

iv
 ACKNOWLEDGEMENTS

This work could not have been successfully completed without the able and
much appreciated assistance of other persons.
First and foremost, I acknowledge with thanks and gratitude the wonderful way
the Almighty God has made it possible for me to embark and successfully complete the
Ph.D. degree programme.
My sincere thanks go to my supervisor Professor E. N. NGWAFOR, and Co-
supervisor Samgena GALEGA (Associate Professor), whose dedicated intellectual
guidance and assistance saw me through this work, and for reading and correcting it
despite their limited time. Their illuminating comments and personal concern for the
thoroughness of the research have contributed immensely not only to its final outcome
but in broadening my intellectual horizon. If I have seen far, it is because I am sitting on
the shoulder of giants.
On the pedestal are my mother, brothers and sisters without whose moral
support, I would not have attained this height in my educational career.
I also wish to register my indebtedness to Dr. E.D. Titanji and Dr. WANCHIA
Titus for their comments on the earlier draft.
Lastly, my thanks go to Mrs. ANGUM Loveline for carefully typing the manuscript.
I remain solely responsible for the views and any shortcomings herein.

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 ABSTRACT
Cameroon as a developing economy is in a hurry to becoming an emerging country by
2035. This rush to develop leaves in its wake a trail of environmental disasters. She
faces a rising epidemic of global environmental problems that include global warming,
diminishing biodiversity, growing shortages in fresh water supplies, long range transport
of air pollutants, accumulation of persistent organic compounds, flooding and
environmental pollution. These environmental problems are on the increase because of
no complete enforcement of environmental laws. It is therefore imperative that
environmental management laws enacted in Cameroon should be enforced in order to
reduce, if not stamp out pollution entirely.
In carrying out this research, the empirical and desk research techniques were
used to collect relevant data and information. The legal and genetic methods were used
to analyse the data and information collected.
It was noted from the research that the hazards of environmental pollution are
the result of decades of neglect, selfishness, greed and absence of political vision and
nationalistic commitment.
This research certainly facilitates the identification and understanding of the
nature of the legal rules and policies governing urban pollution in Cameroon and, in the
process brings out their weaknesses.
It also portrays the extent to which national law standards have gone to fight urban
pollution in Cameroon.
Against this background, national policy makers can take advantage of the
findings of this study to rebuild national and environmental options.
Lastly, the accomplishment of such a study might be helpful not only to disseminate
knowledge to interested institutions, but also to contribute to the reform effort in
environmental legislation in Cameroon.
From the above research it cannot be refuted that the laws regulating urban
pollution are not well enforced. Therefore, the main pursuit of this thesis has been to
determine why the current laws regulating urban pollution in Cameroon are not well
enforced, and some recommendations have been proffered on the way forward.

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 RESUME
Le Cameroun, pays en développement, a engagé une course pour devenir un
pays émergent à l’horizon 2035. Cette course pour le développement entraîne dans son
passage des désastres environnement incluant entre autres le réchauffement de la
terre, la diminution de la biodiversité, les difficultés en approvisionnement en eau, le
transport sur de longues distances des substances polluante l’accumulation des
déchets domestiques, les inondations etc. La démultiplication de ces problèmes
environnementaux est liée à la non application des lois portant régulation de
l’environnement. Il devient par conséquent impératif que la gestion de l’environnement
au Cameroun repose sur une application effective des lois votées afin, sinon de mettre
définitivement un terme à la pollution, du moins la réduire drastiquement.
Pour mener à bien cette étude, les techniques empirique et documentaire ont été
utilisées pour la collecte des données. Les méthodes légale et génétique ont été
convoquées pour l’analyse des informations ainsi collectées.
Il ressort de cette étude que les risques de pollution sont la conséquence des
décennies de négligence d’égoïsme, d’avidité et d’absence de vision politique et
d’engagement nationaliste.
Cette étude permet une identification et une compréhension faciles de la nature
des règles de droit et des politiques qui régissent la pollution urbaine au Cameroun. Ce
faisant, elle en dégage parallèlement les faiblesses. Elle informe également sur le
niveau atteint par les lois pour lutter contre la pollution au Cameroun.
Sur cette base, les décideurs peuvent s’y fonder pour refonder la vision nationale
en matière d’environnement. Enfin, la réalisation d’une telle étude pourrait ne pas servir
uniquement à diffuser le savon aux institutions intéressées. Elle pourrait aussi
contribuer à l’effort de réforme de la législation sur l’environnement au Cameroun.
Il ressort de cette étude que l’on ne peut réfuter l’idée selon laquelle les lois
régulant l’environnement ne sont pas bien appliquées. Par conséquent, l’objectif
principal de cette thèse a été de démontrer que les lois régissant l’environnement au
Cameroun ne sont pas rigoureusement appliquées. Aussi, quelques recommandations
ont-elles été faites dans le sens de leur amélioration.

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 TABLE OF CONTENTS
DECLARATION.................................................................................................................ii
CERTIFICATION...............................................................................................................iii
DEDICATION....................................................................................................................iv
ACKNOWLEDGEMENTS.................................................................................................v
ABSTRACT.......................................................................................................................vi
RESUME..........................................................................................................................vii
TABLE OF CONTENTS..................................................................................................viii
TABLE OF CASES.........................................................................................................xix
TABLE OF STATUTES AND STATUTORY INSTRUMENTS.....................................xxvi
LIST OF ABBREVIATIONS AND ACRONYMS.............................................................xlii
GENERAL INTRODUCTION............................................................................................1
A) Background to the Study...........................................................................................2
B) Literature Review......................................................................................................12
C) Motivation..................................................................................................................18
D) Research Questions.................................................................................................19
E) Hypothesis.................................................................................................................20
F) Objectives..................................................................................................................20
G) Significance...............................................................................................................21
H) Methodology..............................................................................................................22
I ) Scope of the Research.............................................................................................23
J) Organisational Lay-out.............................................................................................23
K) Working Definitions..................................................................................................24
CHAPTER ONE...............................................................................................................29
URBAN POLLUTION REGULATORY FRAMEWORK..................................................29
Introduction....................................................................................................................29
1.0 International Framework.........................................................................................29
1.1 Multilateral Arrangements......................................................................................30
1.1.1 The Vienna Convention........................................................................................31
1.1.1. 1 Context..............................................................................................................31
1.1.1.2 The Genesis of the Vienna Convention..........................................................31
1.1.1.3 Objectives of the Convention...........................................................................32
1.1.1.4 Nature and Scope of the Convention..............................................................33

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1.1.1.5 Some Advantages of the Vienna Convention.................................................34
1.1.1.6 Major Shortcomings of the Vienna Convention.............................................35
1.1.2 The Montreal Protocol..........................................................................................36
1.1.2.1 Objectives...........................................................................................................37
1.1.2.2 Nature and Scope of the Protocol...................................................................37
1.1.2.3 Some Positive Aspects of the Montreal Protocol..........................................43
1.1.2.4 Disadvantages...................................................................................................43
1.1.2.5 Assessing the Montreal Protocol....................................................................43
1.1.3 The Framework Convention on Climate Change..............................................45
1.1.3 .1 Genesis..............................................................................................................45
1.1.3.2 Objectives...........................................................................................................47
1.1.3.3 Context and Scope............................................................................................48
1. 1.3.4 Some Advantages of the Convention............................................................50
1.1.3.5 Some Problems of the Convention..................................................................50
1.1. 3.6 Assessment of the Climate Change Regime.................................................52
1.1. 4 The Kyoto Protocol.............................................................................................55
1.1.4.1 Genesis...............................................................................................................55
1. 1.4.2 Objectives of the Protocol...............................................................................56
1. 1.4.3 Context and Scope...........................................................................................56
1.1.4.4 Achievements of the Kyoto Protocol..............................................................59
1.1. 4.5 Some Advantages of the Protocol..................................................................59
1. 1. 4.6 Problems of the Kyoto Protocol....................................................................60
1.1.4.7 Reasons and Impact of USA withdrawal from the Protocol.........................62
1.1. 4.8 Some Criticisms of the Kyoto Protocol.........................................................65
1.1. 5 The Basel Convention.........................................................................................67
1. 1.5.1 Origin.................................................................................................................67
1.1. 5.2 Objectives of the Convention..........................................................................69
1.1. 5.3 Contexts............................................................................................................70
1.1.5.4 Achievements of the Convention....................................................................73
1.1.5.5 Advantages of the Basel Convention..............................................................74
1.1. 5:6 Weaknesses or Disadvantages.......................................................................76
1.1. 5.7 An Assessment of the Basel Convention......................................................77
1.1.6 The Geneva Convention on Long Range Transboundary Air Pollution.........80
1.1.6.1 Origin..................................................................................................................80

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1.1.6.2 Objectives...........................................................................................................81
1.1.6.3 Context...............................................................................................................81
1.1.6.4 Weaknesses of the Convention.......................................................................81
1.1.6.5 Some Positive Aspects of the Convention.....................................................83
1.1.6.6 Implementation and Assessment....................................................................83
1.2 Regional Frameworks.............................................................................................85
1.2.1 The Bamako Convention.....................................................................................86
1.2.1.1 Genesis...............................................................................................................86
1.2.1.2 Objectives of the Convention...........................................................................87
1.2.1.3 Context and Scope............................................................................................88
1.2.1.4 Some Advantages and Disadvantages of the Convention...........................89
1.2.1.5 The Differences between the Basel and Bamako Conventions...................90
1.2.1.6 Management of the Bamako Convention........................................................91
1.2.1.7 The Nature of the Convention..........................................................................91
1.2.2 The Lomé Convention..........................................................................................92
1.2.2.1 Objectives of the Lomé Convention................................................................93
1.2.2.2 Context...............................................................................................................93
1.3 The National Framework.........................................................................................94
1.3.1 The Environmental Management Code..............................................................94
1.3.1.1 Substance...........................................................................................................96
1.3.1.2 Appraisal of the Code.......................................................................................96
Conclusion.....................................................................................................................97
CHAPTER TWO..............................................................................................................98
URBAN AIR POLLUTION REGULATION......................................................................98
Introduction....................................................................................................................98
2.1 The Genesis of Urban Air Pollution Control.........................................................99
2.2 The Origin of Air Pollution in Cameroon............................................................104
2.3 Forms of Urban Air Pollution...............................................................................105
2.4 Sources of Urban Air Pollution............................................................................106
2.4.1 Primary and Secondary Urban Air Pollutants.................................................106
2.5 Causes of Air Pollution.........................................................................................107
2.5.1 Natural Causes...................................................................................................108
2.5.2 Human Causes....................................................................................................109
2.5.2.1 Urbanisation.....................................................................................................109

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2.5.2.2 Fires..................................................................................................................110
2.5.2.3 Engines.............................................................................................................111
2.5.2.4 Un-Tarred Roads.............................................................................................113
2.5.2.5 Indiscriminate Occupation of Streets by Hawkers......................................113
2.5.2.6 Industries..........................................................................................................113
2.5.2.7 Incinerators......................................................................................................117
2.5.2.8 Sand and Quarry Industries...........................................................................118
2.5.2.9 Garages............................................................................................................118
2.5.2.10 Construction works.......................................................................................119
2.5.2.11 Smoking..........................................................................................................120
2.5.2.12 Insecticides and Pesticides..........................................................................123
2.6 Aesthetic Pollution................................................................................................125
7.7 Effects of Urban Air Pollution..............................................................................130
2.7.1 Effects on Human Health...................................................................................131
2.7.2 Effects on Plants................................................................................................132
2.7.3 Effects on Animals and Birds...........................................................................132
2.7.4 Acid Rain.............................................................................................................133
2.7.5 Global Warming or Climate Change.................................................................134
2.7.5.1 Effects of Climate Change..............................................................................138
2.7.5.1.1 Disruption of the Water Cycle.....................................................................138
2.7.5.1.2 Worsening Health Effects............................................................................139
2.7.5.1.3 Rising Sea Level...........................................................................................139
2.7.5.1.4 Changing Forest and Natural Areas...........................................................140
2.7.5.1.5 Challenges to Agriculture and Food Supply.............................................141
2.7.6 Depletion of the Ozone Layer............................................................................145
2.8 Long-Range Transboundary Pollution................................................................154
2.8.1 The Appropriate Standard.................................................................................158
2.8.2 Damage Caused..................................................................................................159
2.8.3 Liability for Damage Caused by Private Persons...........................................160
Conclusion...................................................................................................................161
CHAPTER THREE........................................................................................................162
THE REGULATION OF URBAN NOISE......................................................................162
Introduction..................................................................................................................162
3.1 Sources and Causes of Noise Pollution.............................................................164

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3.1.1 Religious Institutions.........................................................................................164
3.1.2 Music Shops........................................................................................................164
3.1.3 Increasing Rate of Urbanisation.......................................................................165
3.1.4 Industrial Growth and Activities.......................................................................165
3.1.5 Structure of Cities..............................................................................................165
3.2 Types of Noise.......................................................................................................165
3.2.1 Ambient Noise....................................................................................................166
3.2.2 Neighbourhood Noise........................................................................................166
3.2.3 Construction Noise............................................................................................167
3.2.4 Transport Noise..................................................................................................170
3.2.4.1 Road Traffic Noise...........................................................................................170
3.2.4.2 Aircraft Noise...................................................................................................172
3.2.4.3 Train Noise.......................................................................................................174
3.2.5 Raves...................................................................................................................174
3.2.6 Intruder Alarms...................................................................................................176
3.2.7 Equipment Used Outdoor..................................................................................177
3.2.8 Loudspeakers.....................................................................................................178
3.2.9 Night Time Noise................................................................................................179
3.3 Effects of Noise Pollution.....................................................................................182
3.3.1 Interference with Speech...................................................................................184
3.3.2 Interference with Sleep......................................................................................184
3.3.3 Alteration of Human Health...............................................................................184
3.3.4 Interference with Work Tasks...........................................................................185
3.3.5 Alteration of Birds’ Activities............................................................................185
3.4 Control of Noise Pollution....................................................................................186
3.5 Duties of the Local Authorities (Councils).........................................................194
3.5.1 The Abatement Notice........................................................................................195
3.5.2 Alarms in Unattended Vehicles.........................................................................197
3.5.3 Failure to Comply with the Notice....................................................................198
3.5.4 The “Best Practicable Means” Defence...........................................................198
3.5.5 Action by a “Person Aggrieved”.......................................................................199
3.5.6 The Regime in Practice......................................................................................201
3.6 Preventive Control of Noise.................................................................................202
3.6.1 Noise Reduction Notices...................................................................................202

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Conclusion...................................................................................................................202
CHAPTER FOUR..........................................................................................................204
URBAN WATER POLLUTION REGULATION.............................................................204
Introduction..................................................................................................................204
4.1 History of Water Pollution Prevention.................................................................205
4.1.1 Prevention of Water Pollution in England.......................................................205
4.1.2 Urban Water Pollution Prevention in Cameroon.............................................207
4.2 Types of Urban Water Pollution...........................................................................208
4.2.1 Municipal Water Pollution..................................................................................208
4.2.2 Urban Water Pollution by Agriculture..............................................................209
4.2.3 Urban Industrial Water Pollution......................................................................209
4.2.4 Urban Water Thermal Pollution.........................................................................209
4.2.5 Ground Water Pollution.....................................................................................210
4.3 Causes of Water Pollution....................................................................................210
4.3.1 Natural Causes...................................................................................................211
4.3.2 Human Causes....................................................................................................212
4.3.2.1 The 1998 Water Law........................................................................................212
4.3.2.1.1 Rationale........................................................................................................212
4.3.2.1.2 Form and Substance....................................................................................214
4.3.2.1.3 A Critical Appraisal of the Law...................................................................215
4.3.2.2 Industrial Causes.............................................................................................216
4.3.2.2.1 Industrial Water Pollution............................................................................216
4.3.2.2.2 The Application of the Law..........................................................................219
4.3.2.2.2.1 The Quantum of Damages........................................................................219
4.3.2.2.2.3 Pollution As A Result of Industrial Waste Disposal............................225
4.3.2.2.2.4 Pollution from Maritime Transport and River Ports Activities.............226
4.3.2.3 Urban Water Pollution by Agriculture...........................................................228
4.3.2.3.1 Pollution by Fertilizers.................................................................................228
4.3.2.3..2 Water Pollution by Organic Fertilizer........................................................231
4.3.2.3.3 Urban Water Pollution by Sediments.......................................................231
4.3.2.3.4 Urban Water Pollution by Pesticides.........................................................232
4.3.2.4 Urban and Household Causes.......................................................................235
4.3.2.4:1 Institution in Urban Areas...........................................................................240
4.3.2.4.2 Individual Action...........................................................................................241

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4.3.2..5. The Role of Councils.....................................................................................242
4.4 Ground Water Pollution........................................................................................244
4.4.1 Causes of Ground Water Pollution...................................................................245
4.4.1.1 Agricultural Products......................................................................................245
4.4.2 Underground Storage Tanks.............................................................................246
4. 4.3 Wells...................................................................................................................247
4.4.4 Landfills...............................................................................................................248
4.4.5 Septic Tanks........................................................................................................249
4.4.6 Pit Latrines..........................................................................................................249
4.5 Surface Impoundments: Wetlands......................................................................250
4.6 Thermal Pollution..................................................................................................254
4.7 The Water Pollution Regime in Cameroon.........................................................255
4.7.1 The Meaning of “Controlled Waters”...............................................................258
4.7.2.1 The General Offence.......................................................................................261
4.7.2.2 Other Offences.................................................................................................261
4.7.3 Meaning of “Trade or Sewage Effluent”..........................................................261
4.7.4 Meaning of “Poisonous, Noxious or Polluting Matter”..................................262
4.7.5 Meaning of “Causing or Knowingly Permitting”.............................................264
4.7.5.1 “Causing” Pollution........................................................................................264
4.7.5.2 The Chain of Causation..................................................................................268
4.7.5.2.1 “Knowingly Permitting” Pollution..............................................................269
4. 7.5.2.2 “Knowingly”.................................................................................................271
4.7.6 Corporate Knowledge........................................................................................272
4.7.7 “Permitting”........................................................................................................272
4.8 Breach of Consent.................................................................................................273
4.9 Defences.................................................................................................................274
4.10 Penalties...............................................................................................................277
4.11 Water Pollution at Common Law.......................................................................278
4.11.1 Riparian Rights.................................................................................................279
4.12 Effects of Urban Water Pollution.......................................................................280
4.12.1 Effects on Man..................................................................................................281
4.12.2 Effects on Animals...........................................................................................282
4.12.3 Effects on Plants..............................................................................................283
4.12.4 Effects on the Environment.............................................................................283

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Conclusion...................................................................................................................284
CHAPTER FIVE...........................................................................................................286
URBAN LAND POLLUTION REGULATION................................................................286
Introduction..................................................................................................................286
5.1 Historical Evolution of Land Pollution in Cameroon.........................................288
5.2 Causes of Urban Land Pollution..........................................................................289
5.2.1 Development of Spontaneous Housing...........................................................290
5.2.2 Mining..................................................................................................................292
5.2.3 Individuals...........................................................................................................295
5.2.4 Lack of Urban Sanitation...................................................................................296
5.2.4.1 Poor Solid Waste Disposal Methods.............................................................296
5.2.4.2 Incorrect Evacuation of Liquid Waste...........................................................297
5.2:5 Industrial Land Pollution...................................................................................298
5.2.5.1 Industrial Effluent............................................................................................299
5.3 Responsibility for Urban Land Pollution............................................................303
5.3.1 Liability of Class “A” Appropriate Persons: Causing or Knowingly
Permitting.....................................................................................................................304
5.3.1.1 Knowingly Permitting......................................................................................306
5.3.1.2 Knowingly.........................................................................................................306
5.3.1.3 Knowingly Permitting the “Presence” of Substances................................307
5.3.2 Liability of Class ‘B’ “Appropriate Persons”...................................................310
5.4 Defences.................................................................................................................311
5.4 .1 Contributory Negligence...................................................................................312
5.4.2 Force Majeure.....................................................................................................312
5.5 Penalties.................................................................................................................312
5.6 Effects of Land Pollution......................................................................................312
5.6.1 Effects on the Environment...............................................................................313
5.6.2 Effects on Man....................................................................................................316
5.6.3 Effects on Animals.............................................................................................318
5.6.4 Effects on Plants................................................................................................318
Conclusion...................................................................................................................319
CHAPTER SIX..............................................................................................................320
URBAN WASTE MANAGEMENT REGULATION.......................................................320
Introduction..................................................................................................................320

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6.1 What is “Waste”?..................................................................................................320
6.2 When Does A Material Cease To Be Waste?......................................................324
6.3 Why Does Waste Need Regulating?....................................................................325
6.4 Historical Development of Waste Management.................................................327
6.4.1 Historical Evolution of Waste Management in Cameroon.............................330
6.6 Types of Wastes....................................................................................................333
(1) Household and Consumer Wastes.......................................................................333
(2) Commercial Wastes...............................................................................................333
(3) Industrial Wastes...................................................................................................333
(4) Mining wastes.........................................................................................................334
(5) Agricultural wastes................................................................................................334
(6) Hospital Wastes......................................................................................................334
(7) Demolition and Construction Wastes..................................................................334
(8) Litter.........................................................................................................................334
(9) Sewage Sludge.......................................................................................................334
(10) Radioactive Wastes.............................................................................................335
6.7 Causes of Wastes Production..............................................................................335
6.8 Effects of Wastes...................................................................................................335
6.9 Waste Disposal Methods......................................................................................336
6.9.1 Open Dumps.......................................................................................................337
6.9.2 Landfill.................................................................................................................339
6.9.3 Incineration.........................................................................................................342
6.9.4 Recycling.............................................................................................................344
6.9.4.1 Packaging Waste.............................................................................................349
6.9.4.2 End-of-life Vehicles.........................................................................................350
6.9.5 Composting.........................................................................................................351
6.9.6 Demanufacturing................................................................................................352
6.9.7 Re-use..................................................................................................................353
6.9.8 Producing Less Waste.......................................................................................354
6.10 Control of Wastes................................................................................................355
6.10.1 The Duty of Care...............................................................................................356
6.10.1.1 Who must Exercise the Duty of Care?........................................................358
6.11 Offences...............................................................................................................359
6.12 Defences...............................................................................................................362

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6.13 Hazardous Wastes...............................................................................................363
6.13.1 What Constitutes Toxic and Hazardous Substances?.................................364
6.13.1.1 Hazardous Wastes.........................................................................................365
6.14 Sources of Hazardous Wastes...........................................................................367
6.15.1 Effects of Hazardous Wastes..........................................................................367
6.15.1.1 Effects on Man...............................................................................................367
6.15.1.2 Effects on Animals........................................................................................368
6.15. 1.3 Effects on the Environment.........................................................................369
6.16 Managing Hazardous Wastes.............................................................................369
6.16.1 Hazardous Waste Disposal.............................................................................370
6.16.1.1 Regeneration..................................................................................................371
6.16.1.2 Land Disposal................................................................................................371
Conclusion...................................................................................................................374
CHAPTER SEVEN.......................................................................................................375
NON ENFORCEMENT OF POLLUTION LAWS IN CAMEROON...............................375
Introduction..................................................................................................................375
7.1 Definition and Meaning of Enforcement.............................................................377
7.2 Lack of a Complete Text of Application..............................................................378
7.2.1 Effects of Implementation Instruments............................................................378
7.3 Instability of Laws.................................................................................................379
7.4 The Almost Monolingual Nature of Laws............................................................380
7.5 The Legal Infrastructure.......................................................................................381
7.5.1 Jurisdictional Issues..........................................................................................381
7.6 The Complexity and Cost of Litigation................................................................383
7.7 Locus Standi..........................................................................................................385
7.8 Inadequate Qualified Judicial Personnel............................................................395
7.9 Corruption..............................................................................................................397
7.10 Inadequate Resources on the Part of Enforcement Authorities....................399
7.12 The State’s Commercial Activity........................................................................402
7.13 Conflicting Laws..................................................................................................403
7.14 The Role of Non-Governmental Organisations (NGOs)..................................406
7.15 The Ministry of the Environment, Nature Protection and Sustainable
Development (MINEDEP)............................................................................................409
7.16 Overlapping of Competence..............................................................................410

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7.17 Burden of Proof and Other Evidentiary Difficulties.........................................412
7.18 The Cost of Filing a Suit.....................................................................................414
7.19 Fear.......................................................................................................................414
GENERAL CONCLUSION AND RECOMMENDATIONS............................................416
A. Conclusion............................................................................................................416
B. Recommendations..............................................................................................420
SELECTED BIBLIOGRAPHY.......................................................................................428

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 TABLE OF CASES
Cameroonian Cases

1. Ada Mengue Brigitte V Maison Naisports TPI de Douala ord. refere No.
519/RR/84-5 (unreported)……………………...……………………………………188
2. ALUCAM Co.Ltd V MINEF. Matter No. 10/PVA/MINEF/BP/EF/ Spe of
21 March 2000 (unreported)……………………………………………...…………220
3. Bitogal Paul Charles V La Scierie (EGPA) TPI de Douala ord. de Refere
No. 373/RR/84 – 55 (unreported)…………………………………….…….….…..188
4. CAMRAIL Co Ltd V MINEF. Case No. 20/TPI/D’la of 20 April
2003 (unreported)……………………………….…………………………..…..…..293
5. CCO V MINEF. Matter No. 004/PVI/MINEF/DPEF/SPE 15/01/02/(unreported)
………………………………………….…………….………115
6. DRAGAGE DTP V MINEF. Matter No. 070/MINEF/DNIE.Spe. 21/05/2001
(unreported)……………………………………………………………….…….…....223
7. FEDEV V Bamenda Urban Council case No.
81/HCB/1170/01-05 (unreported)…………………………………………..………382
8. FEDEV V CHINA Road and Bridge Corporation. Case No. 25/CFIB/004M/09
(unreported)……………………………………………………………………390,391
9. HEVECAM V MINEF Matter No. 004/PVI/MINEF/DPEF/Su/SPe. of
15/01/02 (unreported)……………………………………………………………….123
10. KETCH V MINEP. Matter No. 001/PV/MINEP/DPEF/SPE of
20th/6/04 (unreported)………………………………………………………………..118
11. KETCHSCEMAR V MINEF Matter No. 060/MINEF/DNIE/ Spe of
January 11; 2001 (unreported)…………………………………….…………….…293
12. M. Nguenta Mesmene V MINEF No. 07/PVI/MINEF/DPFE/SPE of May 15th,
2002 (unreported)…………………………………………..……………..…...118,186
13. MINEP V SOFAMAC. Matter No. 07/MINEP/EPE/DNIE/BEIE/C4 of
17 November 2005 (unreported)…………………………………..……………….225
14. SIAC-Brasseries/NSENBECK V MINEF .Matter
No.12/PVA/MINEP/DPEFCE/ of 6 June 2006 (unreported)……………………..271
15. SCAN Equip V MINEF. Case No. 90/TPI/Dla/March

xix
 10, 2002 (unreported)………………………………………….……………….300
16. SHELL V MINEP. Case No. 033/TPI/ DA/ 12 June 2005. (unreported)……….241
17. SOTRAMILK V MINEF. Case No
08/CF/BA/1245/02/03 (unreported)……………..………..…….225,278,221,225
18. Teboh John V The people, case No. 50/BCI/29 June 1995 (unreported)…….241.
19. The people and MINEF V Bertrand Brunk Co case No. 83/BA/78/03/04
(unreported)……………………………………………………………………..…..259
20. UCB V MINEF, matter No. 0/65/MINEF/SG/SPE/DNIE/PEIE/20/6/2000
(unreported)…………………………………………………….…………………..115.
21. United Transport of Africa (UTA) Cameroon SA. V MINEP Matter
No. 07/PV/MINEF/SG/DNIE/Spe of 23/2/04…………………..……….……295,300.

Nigerian Cases
1. Adesanya V President of the Federal Republic of Nigeria and 4 Ors (1981) 5
SC 112………………………………………………………………………………..383.
2. Chief Ojukwu V Governor Lagos State and Ors (1985) 2
NWLR (pt 10)………………………………………………………………………...385
3. Chief Otouku & Ors V Shell Bp. Suit No. BAC/83 (unreported)…………….…..288
4. Fawehinwi V Akilu (1987) NWLR (pt 67) 797…………………………...………..376.
5. Gani Fawehinwi V Central Bank of Nigeria and 4 Ors. Case
No. FHL/L/CS/53/92…………………………………………………………………386
6. Helsey V Esso petroleum Company Ltd. (1961) 1 WLR 683……………………190
7. Hon. Justice Ovie. Whysky and Ors V Chief Olawoyin and Ors (1985)
5 NCLR 156………………………………………………..…………………………385
8. Interland Transport Ltd V J.A Adeduran &Aother(1986)2NWLR……………….127
9. Lagos City Council V Olutimehin (1969) 1 ALL NLR. 403………………………190
10. MKO Abiola V Felix Ijoma (1970) 1
ALL NLR 265…………………………………………………….…127,138,190,,191
11. Moore V Nnado (1967 FNLR, 156……………………………………….………..188.
12. Ogiale V Shell British petroleum Development Co Ltd [ 1997] NWLR
(pt 480) 148………………………………….……………………………….……..412
13. Prince Madara V Military Governor Oyo State (1986) 3 NWLR
(Pt 27) 125………………………………………………………………………….385

xx
 14. Shell Petroleum Co Ltd V Councilor F.B. Fara
and 70rs. CA/PH/9/92/NLR………………………………………….……………309.
15. The Tiebo Case (1980) 2NWLR……………………………………….…..……..219
16. Thomas V Olufosoye (1985) 3 NWLR (pt 13) 523………………………...……386

English Cases
1. AG ex Mc Whirter V Independent Broadcasting Authority
(1973) QB 629………………………………………………………..…………….395
2. Alphacel V Woodward [1972] AC 824……………………………….…..258,297,307
3. ARCO Chemic Nederland Ltd V Minister Van Volkshuisvesting,
Ruimtelijke Ordening (C4/8/971 Sub non Epan C.4/9/97……………………..…325
4. Ashcroft V Cambro Waste Products [1981] 1 WLR; 1349…………………….271
5. Attorney General of the Gambia V N’Jie [1961] A.C. 617……………..………..200
6. Attorney General V PYA Quarries Ltd [1957]……………………………..….…..195
7. Attorney General’s Reference (No. 1 of 1994) The Independent,
January 31, 1995…………………………………………………………………....268.
8. Bolton V Ston (1951) AC 850 ………………………………………….……190,192
9. Berridge. Incinerators Ltd V Nottinghamshire Country Council Cited
in D.O.E Circular 13/88 on the control of pollution Act and Disposal
of Waste Regulations……………………………………………………………….322
10. Berton V Alliance Economic Investment Co Ltd [1922] IKB 742, CA…….…...271
11. Birmingham DC V Mc Mahon (1987) 151 JP 709……………………………….200
12. Black Land Park Exploration Ltd V Environment Agency CA. [2003]
E WCA IV 1795……………………………………………………………………..339
13. Bonomi v Backhouse(1858) EB&E622643-134……………………………….….130
14. Bramford V Turnley (1962) 3 B & S……………………………………..138,190,192
15. Brand v Hammersmith Rly (1867) L.R 2Q.B 223,247-134 ……………….…….130
16. Bromsgrove DC V Curthy [1975] 30 P & CR. 34…………………………………265
17. Charles Neil Ashcroft V Michael Mc Erlain Ltd Decided on January
30th 1985………………………..……………………………………………………323
18. City of London Corporation V Bovis Construction Ltd [1992]
3 ALL. ER 679……………………………………………………………………….169
19. CPC (UK) Ltd V National Rivers Authority [1995] ENV. LR 13………..….267

xxi
20. D and Von Melke V Costa Aerosa 1975 (1) SA 255………………..…………..390
21. Dennis V Ministry of Defense [2003]EWHC…………………………..…………172
22. Donoghue V Stevenson [1932] AC 562, 580…………………………….…357
23. Durham Country Council V Peter Connors Industrial Services Ltd
[1993] ENV. L.R. 197…………………………………………….…………….…..352.
24. Earl of Sefton V Tophams Limited (No.2) 1 AC. 50…………………..………...273
25. Empress Car Company (Abertillary) Ltd V National Rivers Authority
[1992] A.C. 27……………………………………………………………………….305
26. Environment Agency (formerly National Rivers Authority V Empress
Car Co (Albertillery) Ltd [1999] 2AC……………………………….………..259,261.
27. Environment Agency V Brook [1998] ENV. LR 607………………………….…..260
28. Express Limited (trading as Express Dairies Distribution) V Environment
Agency [2003] EWHC 448 Admin………………………………………………….268
29. Goldman V Hargrove [1967] 1 AC 6…………………………………………...…..192
30. Green peace V E.C Commission 1998 EVR 1- 6151………………………..…..387
31. Hargrave v Goldman(1963)37ALLJJ277,283affirmed[1967]1AC645……….….191
32. Harrris V Birkenhead Corp [1976] 1 WLR 279……………………………..….…311
33. Hart V Anglican water Services [2003] EWCA Crim 2243………………..…..267
34. Hart well V Grayson Rollo and Clover Docks Ltd [1947] K.B. 901…………….303
35. Hatton v United Kingdom(2003)ALLER(D)122…………………………….…….172
36. Howard V Walker [1947] Ch. 92. 107………………………………………..……198
37. Impress (Worcester) Ltd V Rees [1971] 2 All. ER. 357……………….…………268
38. Jones V Llanrwst UBC [1911] 1ch 393……………………………………..……..280
39. Kennaway V Thompson (1981) QB 88, 94…………………………………..……190
40. Kent Country Council V Beaney [1993] ENV. LR 225………………..……..323
41. Kent Country Council V Queen-Borough Rotting Mill Company Ltd (1990)
2 JEL 257………………………………………………………………………...314,
42. A Lambert Flat Management Ltd V Lomas [1981] 1 WLR 898………………...199
43. Laws V Florinplace Ltd [1981] 1 All ER. 659……………………………..……191
44. Lecman V Montagu (1936) 2 All ER
1677…………………………………………………………………………..…19192
45. Leigh land Reclamation Ltd V Walsoll MBC (1992) Env. LR. 30…………….356
46. Long V Brook [1980] Crim. LR. 109 …………………………………..….……….315
47. Lyme Corporation V Wolstantan Ltd [1967] I AC 645…………….….………….191

xxii
48. Manchester Corp V Farmworth [1930] A.C. 171…………………….…………...193
49. Manners V Chester [1963] CLY 2561………………………………………..……193
50. Moy V Stoop (1909) 25 TLR 262…………………………………………….…….193
51. Munro V Southern Dairies [1955] VLR 332…………………………………..…..195
52. National River’s Authority V Wright Engineering Co Ltd [1994] 4
All. ER 281……………………………………………………………………………262
53. National Rivers Authority V Biffa waste [1996] ENV. LR. 227…………………..259
54. National Rivers Authority V Eggers UK Ltd, New Castle Tyme Crown Court,
June 15-17, 1992 (unreported)………………………………………………..…....256
55. National Rivers Authority V York shire Water Services Ltd [1995]
1 All ER. 225……………………………………………………..…………………..262
56. National Rivers Authority V. Alfred MC. Alpine Homes (East) Ltd
(1995) JEL 60……………………………………………………………………275
57. Network Housing Ltd V West Minister City Council [1995]
Env. L.R. 176…………………………………………………………………………196
58. Price V Cromack [1975] 1 WLR. 988 ……………………………….…….....263,299
59. R ( on the Application of United Kingdom Renderers Association Ltd)
V Secretary of State for the Environment Transport and the Regions
[2003] En. V. LR. 7……………………………………………………………………….362
60. R V Boal [1992] QB, 591…………………………………………………………361
61. R V Carrick DC Exp. Shelly and Another. The Times,
June, 15, 1996……………………………………………………….……………….192
62. R V Dovermoss Ltd [1995] ENV. LR 258…………………….…………..…..252,264
63. R V Leighton and Town and Country Refuse Collection Ltd [1997]
ENV. LR. 411………………………………….360
64. R V Metropolitan Stipendiary Magistrate, exp The London Waste
Regulation Authority and others and the country council of the
Royal country of Berkshire exp Scott and Another, [1993]
ENV. LR. 417…………………;………………………………………………………....346
65. R V Rotherman Metropolitan Borough Council Exp. Rankin (1990)
2 JEL, 257………………………………………………………………………….314.
66. R V Secretary of State for Environment and R-J Compton &
Sons Exp West Wittshire D.C. [1996] Env. L.R. 312, [1997] JPL 210 QBD…129
67. R. V Madden [ 1975] WLR 1379…………………………………….….…………189

xxiii
 68. R.V. Milford Haven port Authority [2000] All ER (d) 352……….……….....216,261
69. Rapier V London Tramways 60 [1893] 2ch. 588…………………………………198
70. Read V Lyons & Co Ltd [1945] KB 216, 236……………………………..………189
71. Rylands V Fletcher (1868) L.R. 3 HL 330 HL………………………………..271,408
72. Sandwell MBC V Bujok [1990] 2 All ER 385……………………………..……….200
73. Schulmans Incorporated Ltd V National Rivers Authority [1993]
ENV. LRD 1……………………………………...
…………………………………………..……2714
74. Sedleigh –Denfield V O’Calleghan [1940] AC 880, 903………………..………..191
75. Shanks & MC Ewan (Tee side) Ltd V Environment Agency [1997] Env. LR
305, [1999] QB 333……………………………………….………………………272
76. Sweet v Parsley[1970} A. C.132-…………………………………………….…….264
77. Taylor Central Garages (Exeter) Ltd V Roper [1951] T LR 284…………………298
78. Taylor Woodrow Property Management Ltd V National Rivers Authority 50
[1995] JEL 55…………………………………………………………………………272
79. Thompson –Schwab V Costaki (1956) 1WLR 335……………………………196
80. Thornton V Attorney General of Canada (No. 2) (1974) 43 DLR 3d1…………389
81. Vehicle Inspectorate V Nuttal [1999] 1 WLR. 629…………………………272307
82. Verstappen V Port Edward Town Board and Others (1994)
(3)SA 569……………………………………………………………..…..…………390
83. Vessasso & Zanetti [1990] ECRI 1461…………………….…………...313,315,321
84. Waste Incineration Services Ltd V Dudley Metropolitan Borough
Council [1993] ENV. LR. 29………………………………………………………..363
85. West Minister City Council V Croyalgrange Ltd [1986] 1 WLR……………….306
86. Wheat V E. Lacon and Co Ltd (1966) A.C. 552…………………….…………….311
87. Wivenhoe port V Colchester BC [1985] JPL. 175……………………..………….193
88. Wychavon DC V National Rivers Authority [1993] 1 WLR, 125…………………270
89. Young & Co V Bankier Distillery Co [1893] A.C. 691……………………….……280

American Cases
1. AMOCO Production Co V. Village of Gambell, Alaska 480.
US 531 (1987)…………………………………………………………………….194

xxiv
 2. Corfu Channel Case [C] Reports, 1949, pp 4, 22’ 16 HRP.
155, 158 …………………………………………………………………………155,158
3. Trail Smelter case (America V Canada) (1941)
3 RIAA 1905……………………………………………………..132,155,158,160,383

Indian Cases
1. Dr. Mohindddin Farooque V Bangladesh & others CA No.
6 24, 1995……………………………………………………………………..……391
2. Mehta V Union of India. AIR (1968) SL 115……………………………………387
3. The People’s Union for Democratic Rights (PUDR) and Others AIR 1982,
1473 AT 1476………………………………………………………………………...380
4. The People’s Union for Democratic Rights V Minister of Home Affairs
AIR 1985. Delhi 268 …………………………………………………..…………….384
5. Bhopal Case 1984……………………………………………………….…..………405

French case
1. Lac Lanoux Arbitration (France V Spain) 24 All R 101 (1957)………….…..…..156

Australian Case

1. Nuclear Tests Case [C], Reports, 1974-P.157……………………….…………..156

xxv
TABLE OF STATUTES AND STATUTORY INSTRUMENTS

A) National (Cameroon)

Constitution

1. The 1996 Constitution of the Republic of Cameroon as amended in

2008…………………………………………..………11,19,149,323,369,370,382,383

Laws

1. Law No. 64/LF/23 of 13th November 1st 1964 bearing on public protection or
which fixed the rules of hygiene and sanitation regulating health applicable in
Cameroon.(1964)……………………………………………………..……….…207

2. Law No. 65/LF/24 of 12th November 1965 and Law No. 67/LF/ 1of 12 th June 1967
laying down the Penal Code Cameroon.(1965)….198,240,258,270,322,380,403

3. Law No. 76/372 of 2/9/1976 which regulates dangerous unhygienic and

inconvenient establishment in Cameroon (1976)……………….………………..289

4. The 1984 Water Law Governing Water Resources ……………….…210,211,212

5. Law No. 88/007 of 15 th July regulating Commercial activities in Cameroon.(1988)

…………………………………………………………………..149

6. Law No. 89/27 of 29 December Banning the Stockade and Transit of Toxic
Waste in Cameroon(1989)…………………………………………..……208,331

7. Law No. 90/13 of December 12 th relating to Photosanitary Protection in

Cameroon.(1990)…………………………………………………………………233

8. Law No. 90/1484 of 9th November laying down rules and regulations to the
opening of Off-licences and On-licences in Cameroon.(1990)
………………………………………………….…………………179

9. Law No. 90-52 of 19 December relating to freedom of Mass Communication in

Cameroon.(1990) …………………………………………………….……………..379

10. Law No. 90/055 of 19th December that regulates Public Meetings and
Processions in Cameroon.(1990)……………………………………………..180,403

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11. Law No. 90/63 of 19 December on Freedom of Association in Cameroon.(1990)
………………………………………………………………..…..238

12. Law No.94-01 of 20th January To lay down Forestry, Wildlife and Fisheries
Regulation(1994)………………………………….……………………11,13,14,370

13. Loi No. 96/06 du 18 Janvier portant révision de la Constitution, du 02 Juin 1972.
(1996)…………………………………………………………………………….11

14. Law No. 96/12 of 5th August relating to Environmental Management(1996)

………………………………………………….
7,11,18,26,27,28,56,96,97,99,109,110,111,113,116,117,119,120,121,127,130,13
1,148,162,167,168,169,170,175,181,185,200,204,215,235,279,288,303,359,390,
390,405

15. Law No. 98/005 of 14 April laying down the regulation governing Water
Resources in Cameroon. (1998)
……….128,202,204,207,209,210,212,215,202,221,227,232,234,235,257,242,24
8,249,250,253,255,257,267,268,267,296,393,405

16. Loi No. 98/015/du 14 Juil. Relative Aux Establishment Classes dangereuse
insalubres au incommodes au Cameroun.(1998)……………………………...…256

17. Law No. 99/013 of 22nd December instituting the Petroleum Code
(1999)..................................................................................................220,224

18. Law No. 99/014 of 22 December on Non-Governmental Organization.(1999)

………………………………………………...…..……………..19

19. Law No. 1 of 16 April laying down the Mining Code of Cameroon.(2001)
………………………………..…………....…221,288,286,322,370

20. Law No. 2003/003 of 21st April regulating Photosanitary Protection in Cameroon.
(2003)……………………………………..…………………………,233

21. Law No. 2003/007 of 10 July that regulate activities of the Fertilizer Sub-sector in
Cameroon.(2003)……………………………………...……….…..111,240,370,

22. Law No. 2004/003 of 21 st April 2004 to regulate Town Planning in Cameroon.
(2004)…………….….111,11120,122,169,170,231,232,233,,289,387

xxvii
 23. Law No. 2004/018/ of 22 July 2004 laying down rules applicable to Councils in
Cameroon.(2004)…………………115,132,198,5,231,233,237,246,288,290,301

24. Law No. 2004/017 of 22 July 2004 on the Orientation of Decentralization in

Cameroon.(2004)…………………………………………….………………………..39

25. Law No. 2006/015 of 29 December 2006 on Judicial Organization in Cameroon.

This law makes major changes to the long standing law No. 72/4 of August 1972
on Judicial Organization in Cameroon as amended.(2006)…………………....382

26. Law No. 2006/018/ of 29th December 2006 regulating Advertisement in

Cameroon (2006)……………………………………….……………………….…..123

27. Loi No. 2008/001 du 14 Avril 2008 modifiant et complétant certain disposition de
la Loi No. 96/06 du 18 Janvier 1996 portant révision de la Constitution du 02 Juin
1972.(2008)………………………...……………………………………..…….….11,19

Ordinances

1. Ordinance No. 73. Of 29 May regulating Town Planning in Cameroon (1973)

………………………………………………...………………………………..109

2. Ordinance No. 74/2 of 6/7/74 regulating Land Tenure in Cameroon.(1974)

……………………………………………...……..…………..286

Decrees

1. Decree No. 71-DF-95 portant création de la Mission d’Aménagement et de

Gestion de Zone Industrielles et ses modificatifs subséquent, notably Decree
73-483 of 25/08/1973 and 80 -474 of 15/12/1980(1980)…………………….…..302

2. Decree No. 86/818 of June 5th regulating the Highway Code.(1986)………….171

3. Decree No. 88/2004 of 5 February conferred the task of regulating Environmental

Pollution in Cameroon, which was formerly conferred on the Directorate of
Industry in the Ministry of Industrial and Commercial Development.(1988)
…………………………………….…………………………….11

4. Decree No. 88/205 of 5th February conferring the Control of Pollution (1988)
…………………………………………………….………………………….…65

xxviii
5. Decree No. 92/069 of April 11th reorganizing the government(1992)…….……10

6. Decree No. 485/200 of 30 June on the modalities of application of law No.

99/013 of 22 December 1999 relating to the Petroleum Code (2000)………….214

7. Decree No. 2001/165/PM of 8 th May which lays down modalities for the
protection of Surface and Underground Water against Pollution. (2001)
………………………………………………………………………..……205.

8. Decree No. 2001/163/PM du Mai 24 règlement les périmètres de protection

autos des points de Captage, de Traitement et des Stockages des Eaux
Potalisables. (2001)…………………………………………………………………255

9. Decree No. 2001/164 of 8 th May 24th specifying the modalities and conditions for
the exploitation of Surface or Underground Water, Waters for Industrial and
Commercial Purposes.(2001) ……………………………………..………….205

10. Decree No. 2004/320 of 8th December organizing the Government.(2004)

…………………………………………………..………..……,409

11. Decree No. 2004/70 of 8 December which split the Ministry of Environment and
Forestry into two, namely Ministry of Environment and Nature Protection and
Ministry of Wild Life and Forestry.(2004)……………………………………...10,

12. Decree No. 2005/117 of 14 April on the organization of the Ministry of

Environment, Nature protection and Sustainable Development.(2005)
…………………………………………………..…………….397.

13. Decree No. 6/165 of 27 April 1976 fixing the conditions for the obtaining of a
Land Certificate as modified by Decree No. 2005/48/ of 16 December .(2005)
………………………………………………………….……………………..290

14. Decree No. 2011/2585/PM of 23 rd August which is a Text of Application which

regulates Noise and Nuisances in Cameroon.(2011)……………………180,187

15. Decree No. 2011/410 of 9 th December changing the name of the Ministry of
Environment and Nature protection to Ministry of Environment, Nature Protection
and Sustainable Development (2011)………………………………………….10,397

xxix
 16. Decree No.2012/2809/PM of 26 September laying down the conditions to
Collect, Store ,Transport ,Recycle , Treatment and Disposal of Waste.(2012)
………………………………………………………………….,333,345

Orders (Arrêtes)

1. Arrête No 001/ 1 October fixing the rules of Hygiene and Sanitation (1973)
……………………………………………………………………...……..281,320

2. Arrête No. 010 MINDIC of 12 April regulating the importation of Second Hand
Cars (1991)………………………………………………………….…………..111

3. Order No. 05/999/BUC regulating Health Hazards and Nuisance within the
Bamenda Urban Council Municipality (1999)………………..…….…….….239,243

4. Arrête No 011/A/MINT of February 20 th regulating the Road Worthiness

Company/ ‘Visite Technique’(1998)………………………………………………..112

5. Prefectorial Order Nº 03/po/11/03 regulating Non-Government Organisations

………………………………..………………………………………………….…….380

6. Arrête No 195/CU/Y’de forbidding the dumping of waste on Public places and in

Streams and Rivers (2006 )…………………...………………………………238

7. Arrête No 0015/40 of 15 November relating to the emission of Air craft and

Noise.(2006)……………………………………….………..…………………..172,173

8. Order No. 06/A/MINSANT & MINCO of June 25, 2007 relating to Health Warning
on Packaging of Tobacco Products.(2007)…………………………..…………..123

9. Arrête No.2011/410 of 9th December 2011 changing the name of the Ministry of
Environment and Nature Protection to Ministry of Environment ,Nature Protection
and Sustainable Development…………………………………………………..10,397

10. Arrête No.001/MINEPDED of 15 October 2012 laying down the conditions to

obtain a permit to Manage and Dispose Waste.(2012)
………………………………………………………………..336,340

11. Arrête No. 002/MINEPDED of 15 October 2012 laying down specific conditions
on the Management of Industrial Waste.(2012)………………….…….……340,356

xxx
Decisions

1. Decision No. 0064/MINDIC/CAB of 12 May 1995 relating to the obtaining of a

technical visa to import substances that deplete the Ozone Layer.(1995)
………………………………………………………………………….148

2. Decision No. 985/MINDIC/CAB of 15 October 1996 which aim is to ban the

importation of Equipment and appliances that use Ozone Depleting Sub
stances(1996) …………………………….……………………………………149,150

Bills

1. Bill No. 544/PJI/AN of November 1993 to enact the Wildlife and Forestry Law
.(1994)…………….………………………………………………………………..11

2. Bill No. 634/PJL/AN enacting the law governing Water Resources (1998)
……………………………………………...…………………………128,209

3. Bill No. 735/PJL/AN to regulate activities of the Fertilizer Sub-sector in

Cameroon.(2003)……………………………………………..………………….244

4. Bill No. 730/PJL/AN/relating to Photosanitary Protection(2003)…………....228

5. Bill No. 762/PJL/An on the orientation of Decentralization(2004)………..…175

6. Bill 763/PJL/AN to lay down rules Applicable to Councils (2004)…….…….158

7. Bill No.746/PJL/AN to regulate Town Planning in Cameroon.(2004)

………………………………………………………………...201

B) Foreign Instruments

British

1. The Nuisance Act of England of 1389………..………...……………………102,202

2. Alkali Act 1863…………………………………..….……………………..…..……104

3. The Rivers (Prevention Pollution) Act of 1873……………………………..……..78

4. Alkali Act 1874………………………………………..…….……………….………104

xxxi
 5. Public Health Act 1875…………………………………………………...……103,319

6. Rivers Pollution Prevention Act of 1876………………………………………202,256

7. Public Health Act 1930…………………………………………………………….319

8. Rivers (Prevention of Pollution )Act 1951………………………………203,256,258

9. Clean Air Act of 1956…………………………………….…………………..……103

10. Clean Air Act of 1968…………………………………..…………..………….…103

11. Fire Precaution Act 1971………………………………………………………….351

12. Poisonous Waste Act of England of 1972………………………………………..319

13. The Local Government Act of Britain of 1972……………….…………..……….193

14. The Control of Pollution Act of 1974......167,168,169,178,180,185,202,313,319,346

15. Resource Conservation and Recovery Act of 1976………………………….…….47

16. The Criminal Law Act of 1977…………………………………………….………..189

17. The Civil Aviation Act of Britain of 1982………………………………..…….172,185

18. Civil Aviation Act 1982……………………………………….…………..………..170

19. Motor Vehicles Regulations of 1984…….…….…………………………...………171

20. Road Vehicles(Construction and Use) Regulations as amended in

1986………………………………………………………..……………………………..…171

21. The Road Traffic Act of Britain of 1988……………………………………………185

22. The British Water Act of 1989…………………………………………….………..203

23. The Environmental Protection Act of Britain

Of 1990………………………..…….…105,129,185,193,279,302,320,324,336,347

24. The Water Resources Act of 1991……...202,203,216,251,253,256,257,259,267

25. The Control of Water Regulations Act 1992………………..……………..….…..324

26. Clean Air Act of 1993………………………………..…………...….……………103

xxxii
27. Noise and Statutory Nuisance Act 1993…………………...……………176,178,185

28. British Criminal Justice Act of 1994……………………………………..………174

29. The British Anti-Social Behavior Act of 1994……………………………….………87

30. Waste Management Licensing Regulations 1994…………………………..……313

31. The Environment Act of 1995……………………………………………..……….203

32. Noise Act which Regulates Noise at Night in England of 1996……....…178,185

33. Motor Vehicles Regulation Act of 1998…………………………..……………..171

34. Collection and Disposal Regulations 1998……………………….……………..324

35. The Building Regulations Act of England of 2000………………..……………..168

36. Circular of 2/2000 on pollutants……………………………….…………296,297,299

37. Noise Emission in the Environment by Equipment for use outdoors regulation
of 2001………………………………………………………………….......…………….…
177

38. End –of-life Vehicles Regulation of 2003…………………………….……………341

39. Anti-Social Behavior Act of 2003………………………………………….………168

American

1. The National Environmental Policy Act of 1970……………………….………….365

2. The Federal Water Pollution Act of 1972…………………………….…….……248

3. The Noise Control Act of the United States to Protect the Public and Welfare
from detrimental Noise of 1972…………………………………………………….185

4. The United States Resources Conservation Recovery Act

of 1976……………………………………………………….…...……………….….355

5. Federal Environmental Protection Agency Act of 1991………….………………365

6. The Clean Air Act of 1997…………………………………………………………….67

xxxiii
 Nigerian

1. Federal Environmental Protection Act of Nigeria of 1988……128,180,320,345

2. Smoking control Decree of 1990…………………………………………….……122

3. Federal National Management Regulation of 1991…………………………….331

4. Guidelines and Standards on prevention of Environmental Pollution in Nigeria of

1991…………………………………………………………………………….……..331

5. The Federal Environmental Agency Act of 1992……………………………….....56

6. Federal Environmental Protection Agency Act of Nigeria of 1992……….……168

Uganda

1. National Environmental (Control of Smoking in public places) Regulation of

2004………………………………………………………………..………….……..122

International Instruments

Conventions, Treaties and Protocols

1. Chicago Convention which regulates International Standards on Civil Aviation of

1944……………………………………………………………………………………173

2. Outer Space Treaty 1967…………………………………………..……………….162

3. Africa Convention on the Conservation of Nature and Natural resources of 15

September 1968,…………………………………..……………….…………………12

4. The Ramsar Convention on wetlands of 1971………………………….………..245

5. Convention on International Liability for Damage Caused by Space Objects of

1972……………………………………………………………………………..…….161

6. Convention on International Trade in Endangered Species 1973………………..3

7. Agreement on the International Energy Programme of 1974……………....…..337

8. Stockholm Declaration of 1972……………………………………........158,160,320

xxxiv
9. MARPOL international Convention for the prevention of pollution from ships
1973………………………………………………………………………..……..…..157

10. Moon Treaty 1979…………………………………………..……………………….161

11. The Geneva Convention on long range Transboundary Air Pollution

of 1979…………………………………………..…………………….…82,84,106,160

12. African charter on Human and Peoples Rights of 1981…………………….…7,382

13. International Law Association Montreal Rules 1982………………….…………160

14. World Charter for Nature of 1982…………………………………...……………320

15. United Nations Convention on the Law of the Sea

1982………………………………………………………………101,157,158,159,160

16. The Vienna Convention of 22 nd March on the protection of the Ozone layer of
1985………………………………………....…11,13,31,34,35,38,52,53,85,147,150

17. The Sulphur Protocol of 1985………………………………………..………………86

18. ILO Chemicals Convention of 1986………………………………..………………320

19. The Canada-United States Hazardous Waste Agreement of 1986…………….356

20. Asbestos Convention of 1986…………………...………………………………….320

21. The Mexico-Untied States Hazardous Waste Agreement 1986………………356

22. The African Charter on Human and People’s Rights of 1967…………..….…….12

23. Montreal Protocol of 16 September 1987 on substances that deplete the Ozone
Layer. 1987…………..………… 11,13,24,36,37,38,41,43,50,85,147,150,337,338,

24. The Oslo Convention of 1988…………………………………….……….……76,396

25. The Nitrogen Oxide Protocol of 1988……………………………..……….………..87

26. The Basel Convention on the control of transboundary movements of Hazardous

Waste and their Disposal of 21 st March 1989………
12,24,68,70,71,74,76,77,80,88,92,93,94,95,98,313,323,337,338,355,

27. The Amendments of the Montreal Protocol 1990………………….………….34,35,

28. The International Atomic Energy Agency (IAEA) Code of 1990………….……326

29. The Lome Convention of 1990……………………………………………….89,94,95

xxxv
30. London Amendment of the Montreal Protocol on substances that Deplete the
Ozone Layer of 1990…………………………………………39,40,41,42,44,147,337

31. Convention on the ban of the importation of Waste Products into Africa and the
control of transboundary movement and Management of Hazardous Waste within
Africa of 1st March 1991………………………………………………75,76,77,79,323

32. The Antarctic Environment Protocol which bans the open burning of Waste of
1991…………………………………………………………………………………..334

33. The Bamako Convention of 1991…………..…12,24,69,75,88,89,90,92,93,94,323

34. The Volatile Organic Compound Protocol of 1991…………….…………………..86

35. The U.S.A –Canada Air Quality Agreement of 1991…………………..………….84

36. The Economic Commission for Europe’s Convention on Environmental Impact

Assessment of 1991………………………………………………………….….……84

37. ESPO Convention of 1991……………………………..……………………….…320

38. Principle 10 of the Rio Declaration of 1992……………………………..…………158

39. The Amendments of the Montreal Protocol.1992…………………..……41,44,337

40. Convention on Biological Diversity 1992………………………………………….3,55

41. UNCLOS Untied Nations Convention on the law of the sea1992…………..……98

42. Principle 2 of the Rio Declaration of 1992…………………………………………117

43. Framework Convention on Climate Change

of 14/6/1992……………………………………….……12,46,47,48,50,52,53,63,135

44. Arhus Convention on Public Participation of 1991-83………………………….….81

45. Waigani Convention of 16 September to ban the importation to Forum Island

countries of Hazardous Radio activity waste and to control transboundary
movement of Hazardous Waste within the South West Pacific Region of
1995……………………………………………………………………………………..69

46. The Treaty of Rome 1995…………………………………………….…….……….365

47. The Copenhagen Amendments to fight the depletion of the Ozone Layer of
1996…………………………………………………………………..……………42,148

xxxvi
 48. The Izmir Protocol on the prevention of pollution of the Mediterranean Sea by
transboundary movements of Hazardous Waste and their Disposal of
1996………………………………………………………………….………………….69

49. The Kyoto Protocol on Climate Change

of 1997………………24,45,46,53,56,57,60,63,64,65,66,67,135,145,150,151,154

50. The Convention on the Regulation of Antarctic Mineral Resources Activities of

1998 …………………………………………………………..………………………320

51. The European Convention on Human Rights Act of 1998………………………172

52. The Bonn Agreement on the implementation of the “Buenos Aires plan of
Action”…………………………………………………………………….………..62,63

53. The 1998 Protocol on the control of Marine Transboundary movement and
disposal of Hazardous Waste and other Waste to the Kuwait Regional
Convention for Cooperation on the protection of the Marine Environment from
pollution, Kuwait not yet in force.1998 …………………………………….……….69

54. ESPO Convention of 1999………………………………………………………….334

55. The Cotonou Agreement of 2002………………………………………….……….96

56. African Union Convention on Preventing and Combating Corruption of

2003……………………………………………………………………………………387

57. World Health Organization Framework Convention of July 20, relating to the
reduction of disease and death caused by tobacco consumption of
2005……………………………………………………………………………………123

United Nations Resolutions

1. United Nations General Resolution on Toxic Waste Disposal (1974)………….158

2. United Nations General Resolution on Development 34/86

of (1979)………………………………………………………...………………....…158

3. United Nations General Assembly Resolution on illegal traffic on Toxic and

Dangerous Waste 44/226 (1986) ………………………………..…………….…..168

xxxvii
 4. United Nations General Assembly Resolution on International Trade of Waste
42/183 (1987)………………………………………………………………….………69

5. United Nations General Assembly Resolution on Development. 43/212/1

of (1988)………………………..…………………………………………..………76,77

6. United Nations General Assembly Resolutions Res/45/53

of 1988…………………………………………………………………….…………144

7. United Nations Document on Waste Disposal A/45/696 Add’ Annex 111( 1989)
…………………………………………………………………………….……..47

8. United Nations General Assembly Resolution 44/2007 on Climate Change of

(1989)…………………………………………………………………….…………47,69

9. United Nations General Assembly on Human Rights (1998 ) ……………..……..57

10. United Nations General Assembly Resolution on the prohibition of the use of
Nuclear Weapons under any circumstances. 43/75 (1988)…………………..…320

11. United Nations Resolution 43/53 on the Conservation of the global Climate
Change for present and future generations of mankind.(1998)
……………………..………………………………………………..………32,46,47,143

12. United Nations General Assembly Resolution on the adverse effect of the illicit
Movement and Dumping of Toxic and Dangerous Products.(1999)……………..69

13. United Nations Convention against Corruption of 2003………………..………..382

E U Directives

1. Councils Directive 67/548/EEC on the classification, packaging and labeling of

Dangerous Substances of 1967……………………………………………….……..58

2. Council Directive 75/442/EEC on Waste of1975…………………………….313,337

3. Directive on Waste 75/443 of 1975 ………………………………………………..315

4. Council Directive 75/443/EEC on Waste Incineration of 1976……….……..……34

5. Council Directive 78/319/EEC on Waste as amended by Council Directive

91/156/EEC of 1978……………………………………………………….……….320

xxxviii
6. Directive 84/360/EEC on Combating Air Pollution from Industrial Plants of
1984…………………………………………………………………………..……….105

7. EC Directive on Environmental Impact Assessment of 1985……….……320,334

8. E C Directive on Freedom on Access to information on the Environment of

1990…………………………………………………………………………………….81

9. Directive No.91/676 on the protection of waters from pollution caused by

Agriculture Sources of 1991……………………………………………..………….240

10. Council Directive 91/156/EEC on Waste Disposal of 1991……..313,316,320,337

11. Council Directive 91/689/EEC on Waste Properties of 1991………….……….332

12. Council Directive 91/692/EEC on the Protection of Waters against Pollution

caused by Nitrates from Agriculture of 1991……………………………….…….337

13. Council Directive 93/3/EC of April 20 th on Landfill of Wastes of

1993…………………………………………………………………………………...330

14. Council Directive 94/31/EEC on Hazardous Waste Disposal of 1994 …………337

15. Council Directive 94/62/EEC on Packaging and Packing Waste of

1994……………………………………………………………………………………339

16. E.C Directive 2000/14 regulating Noise emission in the environment by

Equipment for use Outdoor of 2000………………………………………...……...177

17. Directive 2000/53/EEC Parliament on End of Life Vehicles of 2000…………...340

18. Directive 2000/76/EC on the Incineration of Waste of 2000…………………….334

19. Directive 2002/96/EEC which regulates End-of-Life Vehicles of

2002……………………………………………………………………………….…340.

20. Directive 2002/49 on Environmental Noise 2002………………………………..166

21. Directive 2002/39/EEC on Trans-frontier movement of waste destined for

Recovery operations……………………………………………..………………….337

xxxix
OECD Recommendations

1. OECD Council Recommendation on Waste Paper Recovery

of 1980……………………………………………………………...………………...337

2. OECD Council Recommendation on Re-Use and Recycling of Beverage

Containers of 1982 ………………………………………………………………….339

EU Commission and OECD Decisions

1. Council Decision on Trans- boundary movements of Hazardous Waste of

1983…………………………………………………………………………………63,70

2. OECD Council Decision on International Cooperation concerning Trans-

boundary movements of Hazardous Waste of 1984…………………….………..69

3. OECD Decision 88/55 EC concerning provision of Information to the Public and

Public Participation in Decision making process related to prevention of and
response to Accident involving Hazardous Substances of
1989………………………………………………………………………..……………81

4. OECD Council Document for Transboundary Movement of Waste of

1994……………………………………………………………………………………..69

5. Commission Decision /96/350/EC on the use of Natural Resources of

1996…………………………………………………………………………….………23

6. Decision 1 on report of the Conference of Parties on the third session of the

Kyoto Protocol of December 1997…………………………………….……………..48

7. Commission Decision 2000/532/EC on Dangerous Waste and other Waste of

2000………………………………………………………………………………..….337

8. Commission Decision 2001/118/EC on Heavy Metals

of 2001………………………..…………………………………..………………….337.

9. Decision 2002 of the Council concerning the control of Transboundary movement

of Waste destined for recovery operations of 2002……………………………...332

xl
Guidelines

1. London Guidelines on the exchange of Information on Chemicals in International

Trade of 1985…………………………………………………………………………..79

2. The Cairo Guidelines to protect Human Health and the Environment from
damage from Hazardous Waste of 1987………………………………….70,76,320

3. UNEP Environmental Guidelines for Domestic Waste Water Management of

1998…………………………………………………………………………….……..320

Others

1. Noordwijk Declaration of the Conference on Atmospheric Pollution and Climate

Change of 1989………………………………………………………………………..32

2. The Ministerial Declaration of the Second World Climate Conference which

called for negotiations on an effective Framework Convention on Climate Change
of 1990……………………………………………………………..….………..………47

3. The Geneva Resolution forbidding the exportation of Waste to Developing

Countries of 1994………………………………………………………….………….53

4. Mediterranean Protocol on the Prevention of Pollution of the Mediterranean Sea

by Transboundary Movement of Hazardous Waste and their Disposal of
1996………………………………………………………………………..……….76,77

5. Marrakech Accords on the implementation of the Kyoto protocol which pave the
way for its entry into force of 1997………………………………………………62,63

xli
LIST OF ABBREVIATIONS AND ACRONYMS

- AAU3- Assigned Amounts Units

- ACP- African Caribbean and Pacific

- ALL ER -All England Report

- ALUCAM -Societe Camerounaise d’Aluminium

- APINA –Air Pollution Information Network Africa

- BATNEEC -Best Available Techniques not entailing excessive cost

- BC - Before Christ

- BDCPC-Bioresource Development and Conservation programme-Cameroon

- BPT- Bilateral Pollution Treaties

- CAM-SIC-Cameroon Real Estate Corporation

- CCAA -Cameroon Civil Aviation Authority

- CCC -Complex Chemique Camerounaise

- CDC- Cameroon Development Corporation

- CDM- Clean Development Mechanism

- CFC –Chlorofluorocarbon

- CH4 -Methane

- CIPRE- Centre International de Promotion de la Recuperation

- CJA- Criminal Justice Act

- CAMRAIL -Cameroon Railway Company

- CNIC- Chantier Naval Industrial du Cameroun

- COPA 1974 -Control of Pollution Act 1974.

- COPAD -Collectif des organismes de participation au Développement au

Cameroun

- COP -Conference of parties

- Dd- Decibels

xlii
- DDT – Colourless chlorinated Hydrocarbon

- DEFRA -Department of Environment Food and Rural Affairs

- DETR - Former Department of Transport, local Government and the Regions

- DOE -Neighbor Noise Working Party

- E.U-European Union

- EC-European Commission

- EEC- European Economic Community

- ENAM- National School of Administration and Magistracy

- ENVIRO -PROTECT-Association International pour la protection de

l’environnement

- EPA –Environmental Protection Agency

- EPA-Environmental Protection Act

- FCCC -Framework Convention on Climate Change

- FEDEV. Foundation for Environment and Development

- FOCAODP -Le Fonds Communal Appui aux organizations Paysannes

- FONGEC-La Fédération de ONG de l’Environnement du Cameroun

- GHG -Green House Gas

- HCFC-Hydro –Chlorofluorocarbon

- HEVECAM -Societe Camerounaise d’Hevea

- HYSACAM- The Garbage Cleaning Company

- IAEA -International Atomic Energy Agency

- ICSU-International Council of Scientific Union

- ILA- International Law Association

- IMF- International Monetary Fund

- IPCC-Intergovernmental Panel on climate change

- IPC -Integrated Pollution Control

xliii
- IRIC –National Institute of International Relations

- IUCN-International Union for the Convservation of Nature

- LAAPC -Local Authority Air Pollution Control

- MAGZI-Industrial Zone Development and Management Authority

- MARPOL -Marin Pollution Prevention from Ships

- MINADER -Ministry of Agriculture and Rural Development

- MINMEE- Ministry of Water and Energy Resources

- MINEPDED –Ministry of Environment , Nature Protection and Sustainable

Development

- MINPAT -Ministry of Territorial Plannification

- NESDA-CA –Network for Sustainable Development in Central Africa

- NETTOYCAM -Nettoyage du Cameroun

- NGOs- Non- Governmental Organizations

- NLR-Nigeria Law Report

- NMLR- Nigerian Monthly Law Report

- NNPC-Northern Nigerian Petroleum Company

- NWLR-Nigerian Weekly Law Report

- OAU- Organization of African Unity

- OECD -Organization for Economic Co-operation and Development

- OPEC -Organization of Petroleum Producing Countries

- PFC3-Perfluocarbons

- RAF -Royal Air Force

- RCEP -Royal Commission for Environmental Pollution

- RCRA – Resource Conservation and Recovery Act.

- SEI- Stockholm Environment Institute

- SOCAPALM -Societe Camerounaise de Palmerais

xliv
- SOCAVER -Society Camerounaise de Verre

- SOFAMAC – Société de Fabrication de Materieux de Construction

- SONARA – Cameroon Oil Refinery Company

- TV- Television

- UN – United Nations

- UNCED- United Nation Conference on Environment and Development

- UND- United Nation Document

- UNECA- United Nation Economic Commission for Africa

- UNEP -United Nations Environmental Programme

- UNESCO -United Nations Educational, Scientific and Cultural Organisation

- UNFCCC-United Nation Framework Convention on Climate Change

- UNGA -United Nation General Assembly

- USA-United States of America

- UTA – United Transport Agency

- WCI - Wild life Conservation International

- WGBU- The German Advisory Council on Global Change

- WHO- World Health Organisation

- WHO-FCTC -World Health Organisation Framework Convention on Tobacco

Consumption

- WIMBY- Not in my backyard

- WMO- World Meteorology Organisation

- WRI- World Resource Institute

- WSPA -World Society for the Protection of Animals

- WSSD- World Summit on Sustainable Development

- WWF- World Wide Fund for Nature

xlv
GENERAL INTRODUCTION

1
A) Background to the Study
Until recently, the danger of environmental pollution staring mankind in the face
as a direct result of the wanton and prolonged damage on the world ecosystem was not
sufficiently appreciated. Even when there were warnings about the grave negative
repercussions to man emanating from the greedy and unregulated exploitation of the
resources of the earth (resources that were largely by nature non-replaceable), there
was not much judicial or administrative response to the problems, both at the national
and global levels. The result was that the earth, which had endured this for millions of
years, was environmentally speaking, degrading due to its large-scale misuse during
the years following the industrial revolution. 1 Science has given evidence that, there is
very little left on the earth now to sustain life because of pollution. 2 Sadly enough, the
earth is the only habitat for man in the entire universe; heaven may be there but only
after man’s death.3
Furthermore, in the course of the last century, the relationship between human
beings and the planet on which they live has changed fundamentally because of
pollution and the continuous depletion of natural resources. At the beginning of the
century, it was difficult for mankind and the technology upon which he relied to alter the
environment radically. By the end of the century, however, huge increases in scientific
knowledge had given us the power to make (irrevocable) changes to our planet. 4
Man’s cohabitation with nature was, not until fairly recently, construed as an
obligatory and complementary one because man cannot do without nature since he
lives on and in it. His almost untimely realisation of his irrational use and uncalculated
destruction of his environment and its resources have plunged our contemporary world
into an abyss of misery, suffering and panic, leading man to begin the fashioning and
pursuing of regulatory imperatives with regard to environmental protection and a more
sustainable use of his natural resources.5
Recent years have seen an appreciable growth in the level of understanding of
the dangers facing the international environment, 6 and an extensive range of
1
Simpson S & Fagbohun O. (1998) Environmental law and policy in Nigeria. 1st Ed. Law Center University of
Lagos Press. P. 52.
2
Tilley-Gyado, M.N. (2005). New Perspective in Law. 1st Ed. Dee- Sage Nigeria Ltd Lagos. P. 250.
3
Simpson, S & Fagbohun,O. Op.cit. p. 52.
4
Malcolm, R (1994). A Guide Book to Environmental Law. 1st Ed. London Sweet & Maxwell. P. 15.
5
Ajomo, M.A. (1994). An Examination of Environmental Law, in Environmental Law & Sustainable Development
in Nigeria, Ajomo M.A and Adewale, O. Ed (Lagos NIALS/British Council) see also Idowu A.A, (1999)
“Environmental Degradation and Human Rights Violation”s MPJFI L, Vol, 3., No. 1, p. 128.
6
See generally Sands, P. (1995). Principles of International Environmental Law, 1st Ed Manchester, p.3, Nanda V.P.
(1998) International Environmental Law & Policy, 1stEd. New York p. 200, Birnie, P. & Boyle A,(2002)

2
environmental pollution is now the subject of serious international concern 7. These
include atmospheric pollution, marine pollution, global warming and ozone layer
depletion, the dangers of nuclear and other extra hazardous substances and threatened
wildlife species.8 Such problems have an international dimension in two obvious
respects:
Firstly, pollution generated from within a particular state often has a serious
impact upon other countries. The prime example would be acid rain, whereby chemicals
emitted from factories rise in the atmosphere and react with water and sunlight to form
acids. These are carried in the wind and fall eventually to the earth in the rain, often
thousands of miles away from the initial polluting event and place.
Secondly, it is now apparent that environmental pollution problems cannot be
resolved by States acting individually. Accordingly, co-operation between the polluting
and the polluted States has become inevitable. However, the issue becomes more
complicated in those cases where it is quite impossible to determine from which country
a particular form of environmental pollution has emanated. This would be the case, for
example, with ozone layer depletion. In other words, the international nature of pollution,
both with regard to its creation and the damage caused, is now accepted as requiring
an international response.9
It was only in 1972 that the United Nations Conference on the Human
Environment recognised the need for a global initiative towards the deployment of the
law in the battle to protect the environment against pollution. 10 After this time,
environmental law developed from a modest adjunction of the law of public health
regulations into an almost universally recognised independent field protecting both
human health and non-human nature. This was mainly due to an increase in pollution
and toxic waste which had been an almost insignificant threat before this period. The
world had expected the nuclear bomb to be the greatest undoing of the earth. As it
turned out, especially since the abandonment of the nuclear arms race in the context of
International Environmental Law 2nd Ed Oxford University press p. 26.
7
This may be measured by the fact that in July 1993, the International Court of Justice established a special
Chamber to deal with Environmental questions. It has as yet heard no cases. See Ranjeva, R (1994),
l’Environnement, La Cour Internationale de Justice et sa Chambre Spéciale pour les Questions d’Environnement
Annexe (Annexe IV) to the Israël-Jordan Peace Treaty 1994. p. 43. See also Annex II on water Related Matters.
8
See as to endangered species e.g. Carwardine, M (1990). The WWF Environment Handbook, London and Lyster,S
(1985) International Wildlife Law. Cambridge p 201. See also Convention on International Trade in Endangered
Species 1973 covering animals and plants and the Convention on Biological Diversity 1992, which inter alia calls
upon parties to promote priority access on fair and equitable basis by all parties, especially developing countries, to
the results and benefits arising from biotechnologies based upon genetic resources provided by contracting parties
9
Shaw, M. N. (2001). International Law 4th Ed. Cambridge p. 586
10
Ibid p. 587.

3
the Cold War, the real enemy of the earth is not the nuclear weapon, but the
environment. Today, the world’s focus is on the need to revive the ailing earth whose
disease is a degraded environment.
The environment in Cameroon, like elsewhere, is the source of energy and
materials which mankind transforms into goods and services to meet his/her needs. It
also acts as a vast sink for the wastes and polluting substances man generates. It
provides a number of basic conditions needed for the existence of a successful
economy - a stable climate, for example.
Environmental resources form the basis of development and therefore set limits
to economic development. Many environmental problems are rooted in an increased
demand for natural resources and in the increased pollution and waste associated with
current patterns of economic development.
It should be noted that man has been the architect and actor in many a revolution
which had and still convey an appreciable impact on our society as a whole. 11 In the 16th
century we had the Copernian Revolution, which overhauled man’s perception of
planetary bodies. Thereafter was the Agricultural Revolution. During this period, man
greatly mutated from being a nomadic creature to tilling the soil. The Industrial
Revolution which followed the Agricultural Revolution on its part transformed and is still
transforming the environment negatively. 12 Man is being treated to yet another
revolution- the Environmental Revolution which is justified by the need to make good
the wrongs of the two preceding revolutions. While the other two took centuries, the
Environmental Revolution must be compressed into a matter of decades because it is
driven by our instinct for survival. We must remember that there will be no clear cut
method to liberate the environment from pillage. Efforts must be tailored to combat
environmental foes such as pollution. 13
It turned out that most of the evidence in science and technology were made at
the expense of the hitherto ecological equilibrium upon which the earth system had
depended for all the years it has existed. There exists in nature, an ecological
interdependence between plants and animals on the one hand, and between life as a
whole and the environment on the other hand. To alter this natural order is to reduce the
capacity of the earth to sustain life. Unfortunately, man in his quest for food, wealth and

11
Thornton, J. & Beckwith, S. (200). Environmental Law. 2nd Ed. Sweet & Maxwell. P
. 106.
12
Ibid. p. 107.
13
Garbutt J. (1995). Environmental Law 2nd Ed. Wiley Chancery. P. 21.

4
comfort has resorted to these same resources that constitute the environment, not
knowing that a careless consumption of the resources of the earth, would result in the
weakening of the earth’s capacity to provide the same much needed resources 14.
The need for more and more raw materials for the large scale-production of
goods and services for a world whose tastes and standards of living has increased
beyond the imagination of few decades ago has forced man to continue the unmitigated
plundering of the natural resources of the earth. Large tracts of forest were destroyed,
several chemicals were invented and released on the earth’s surface, including its
waters and atmosphere. Industries are releasing fumes and tons of radio-active
substances, while wastes and other residues litter the surface of the earth leading to
serious environmental pollution.
The result of these activities is that there occurred massive and radical
alterations on the nature and structure of the earth and its atmosphere which had in turn
reduced the capacity of the environment to sustain life altogether. It was through this
realisation that people started noticing that, by and large, the capacity of the earth to
sustain life is not limitless, after all. What is more, there is now the frightening realisation
that man could become an endangered species just like several other creatures that
had since gone into extinction due to the resultant inability of their disturbed and
radically debilitated ecosystem to supply their natural life requirements. 15
Environmental hazards such as global warming, pollution and the depletion of the
ozone layer are a logical result of unchecked ecological destruction and wanton
industro-commercial emancipation. It is in this regard that most governments,
multinational corporations and non-governmental organisations are putting pressure on
the entire international community to work towards cautious conservation via austere
measures.
Primarily as a result of industrialisation, great and sometimes irreparable damage
is done to the environment. Mankind is now faced with the fact that the current rate of
pollution might lead to a very bleak or even non-existent future for the earth and its
inhabitants.
In addition, it was at this stage that the need to reverse this trend in environmental
pollution caught the inevitable attention of several States such as Cameroon and non-
governmental agencies worldwide.

14
Lambi, M. C. (2001) Environmental Issues: Problems & Prospects: 1st Ed. Unique Printers. P.45.
15
Ibid. p46.

5
 The control and regulation of the use of the environment by all nations is
therefore essential. Laws which achieve this purpose provide the framework for such
regulation and control. Since the 1970s, a tightly meshed net of environmental
protection norms at the international, regional, bilateral and national levels has imposed
itself on the world, which appears more closely knit. 16 Various efforts to enact
environmental protection norms have been made by the international community,
starting from the 1970s.17 The ever increasing air pollution, noise pollution, marine
pollution, ground water contamination, eutrophication of lakes, dying forests, soil
acidification, acid rain, global climate change, ozone holes (depletion) especially at the
poles, the greenhouse effect, the disappearance of the tropical rain forest, the over-
grazing of the savannah, desertification and the evermore rapidly occurring
environmental catastrophes are all approaching the point of no return. 18
It was predicated that if the world is still to be a place worth living in, in fifty (50) years,
then drastic and hitherto scarcely realised environmental protection measures would
have to be put in practice. The above pushed the United Nations (UN) to organise an
influential conference on the Human Environment in Stockholm, 1972 as it perceived
the urgent need to limit and if possible, eliminate the impairment of the human
environment caused by pollution.19
The 1972 United Nations Conference on the Human Environment at Stockholm
confirmed not only the emergence of environmental protection as a new focus of
legislation to avoid crisis but also emphasised the close interrelation between the
20
environment and development. The most outstanding impact of the Stockholm
Conference on the environment21 was Principle 21, which states that “States have a
responsibility to ensure that activities within their jurisdiction and control do not cause
damage to the environment of other States or areas beyond the limits of national
jurisdiction.” It also affirms the sovereign right of States to exploit their own resources
pursuant to their own environmental policies in accordance with the United Nations
Charter and the principles of International Law. Principle 22 calls upon States to
develop further International Law regarding liability and compensation for the victims of

16
Malcolm R, op.cit. p.201.
17
Ibid.
18
Dimowo F. (2004) Environmental Law in Nigeria: Theory and Practice 1st Ed. Ababa Press ltd, Lagos p. 11.
19
Ibid p. 12.
20
See Mowoe, K (1990) Quality of life and Environmental Pollution and Protection in Environmental laws in
Nigeria including compensation, Omotola Ed Lagos: University of Lagos. P.171.
21
Sands, P. (2004) Principles of International Environmental Law. 2nd Ed. Cambridge University Press. p. 31.

6
pollution and other environmental damage caused by activities within the jurisdiction or
control of such States to areas beyond their jurisdiction. Unfortunately, however, this is
an area that has not been given adequate attention by many developing countries of the
world, perhaps due to ignorance of the governments and people as to its importance. 22
Most of the environmental pollution problems in developing countries is caused by
underdevelopment. Millions continue to live far below the minimum levels required for a
decent human existence, deprived of adequate food and clothing, shelter and
education, health and sanitation.
Again in 1992, the United Nations Earth Summit in Rio de Janeiro in Brazil
emphasised the close relationship between the environment and development. 23 The
summit emphasised that development must be sustainable, that is “meet the needs and
aspirations, of the current generation without compromising the ability to meet those of
future generations”.24 The conference and summit highlighted the importance of our
environment and the need for governments and other organisations to take steps
towards the protection of the environment.
In Africa, the discovery that industrialised countries were now turning the African
Continent into their “dust bin” to dump their industrial wastes overnight awoke the
people of the continent to the danger this posed to their environment. 25 The example
that comes to mind is the dumping of toxic waste at Koko, Delta State in Nigeria. 26 The
African Charter on Human and Peoples’ Rights adopted in 1981 recognises in its Article
24 the People’s Right to a generally satisfactory environment favourable to their
development.27 While the international community was busy at various fora discussing
the vexed issue of environmental protection, few attempts had been made to link the
environment with human rights.28 The African Charter was the first international
instrument to proclaim the right to a satisfactory environment for development as a
human right.29
22
See Oyewo, J.A (1991) The Problem of Environmental Regulation in Nigeria Federation. 1st ed. Omotola. P. 56
23
See Osipitan, T ((1995). The Survey of Environmental Law in Nigeria 1st Ed, Lagos p. 86.
24
“Global Biodiversity Strategy” (1992) p 230. see also Section 4 (d) of Law No. 96/12 of 5th August 1996 Relating
to Environmental Management in Cameroon.
25
Christ, P. (1993) “Taking Environment Seriously. The African Charter of Human and People’s Right and
Environment” in Review of the African, Commission on Human and People’s Right (African Society of
International and comparative law. Edition 1993) vol. 3 pts 1 & 2 38 at 39.
26
On this see Smith, P & George, T. The “Dumping Ground” No. 94, South Magazine, August 1988, p. 37. Ezeth,
“Nigerians who stole toxic waste.” No 253, New African, October 1988, at 22, News watch Magazine, June 27,
1988.
27
Ibid p. 41.
28
Ibid see however, Cassin , R (1974). Introduction. The international law of Human Rights Vol. 144. Recuells des
cours.
29
Ibid.

7
 With growing international awareness on environmental issues, it has become
increasingly necessary that states adopt a similar approach towards environmental
pollution, which now confronts them. It is therefore of primary importance that any
shortcomings in our environmental laws should be remedied by legislation. As one
writer puts it:

Environmental legislation thus, presents itself as a salient tool of social ordering. It is

expected to reverse specific human attitudes, activities or beliefs which are
environmentally unfriendly in order to secure a safe and healthy environment for present
generations and generations yet unborn.30

Pallemaerts argued in his book that there now exist an international human right
to a clean environment.31 There are, of course, a range of general human rights
provisions that may have a relevance in the field of environmental protection, such as
the right to life, right to an adequate standard of living, right to health, right to food and
so forth, but specific references to a human right to a clean environment has tended to
be few and ambiguous.
The preamble of the seminal Stockholm Declaration of the UN Conference on the
Human Environment of 1972 noted that the environment was essential to “… the
enjoyment of basic human rights - even the right to life”.
In the wake of this current struggle, the need to appreciate the development and
evolution of environmental awareness in Cameroon would, no doubt, be of vital interest
to us. In the case of Cameroon, it took a much longer time to realise that there is an
enormous danger posed to health and the overall capacity to live on this earth due to
the debilitating effects of an environment that has lost its balance as a result of
pollution.32
The increase in industrial activities due to population growth in the world in
general and Cameroon in particular has exacerbated the increase in pollution and the
production of toxic wastes. The disposal of these wastes which if not brought under
control would be a health hazard for man 33. Much earlier, even developed countries
30
See Okorodudu-Fubara. M. (2000). Environmental Law in Nigeria .1st Ed. Lagos University press. P. 81.
31
See, Pallemaerts, M., International Environmental Law from Stockholm to Rio Back to the Future in Sands, P
Greening International Law pp. 1, 8. , Alfredson,G and Ousiouk, A(1991) “Human Rights and the Environment”,
60 Nardic Journal of International Law , p. 19, Gormley, W.P (1976) “Human Rights and Environment”, Leiden
Journal of International law, p.55
32
It took Cameroon about two decades before it could react to environmental degradation which was rife in some
regions. See Atem E. H.. (1997) Environmental Awareness 1st Ed HEA publications. p 46.
33
See Tunde, O. (1985) “Statutory Regulation of the Environment. An Appraisal of the Lagos State Environmental
Sanitation Edit” Lagos University law Journal.vol. 8, P. 50, Omotala J.A.(1990) “Environmental Laws in Nigeria

8
have acted as though their rivers and lakes had an infinite capacity to absorb wastes.
Pollution was considered the price of progress. As a result of this rapid growth of the
same, an increasing number of polluting substances are released either intentionally or
accidentally into the environment. These pollutants pose a serious problem to the world
as they are a significant threat to human health and cause ecological imbalances such
as those discussed above. Thus, because of the realisation of this fact lately, ecology
has become a new religion of some sort and there are now many “prophets” abroad in
the land34. From the days of a lonely voice in the wilderness, preaching repentance from
environmental pollution, sermons on environmental protection and preservation are now
being preached by governments and their agencies, non-governmental bodies,
international institutions, intellectuals and even political parties. Even in the UK,
environmental issues are now firmly on the political agenda. The main parties are all
committed (albeit with differing emphasis) to green policies. Fombad 35 remarked that, it
is but of late that environmental protection has been given some serious consideration
in Cameroon though she participated in the Maiden World Summit on environmental
issues that held in 1972 at Stockholm-Sweden.36
Cameroon being also an oil-producing State has a higher likelihood of large scale
pollution of her environment especially her coasts. Quite, predictably, there had been
previous massive destruction of the environment particularly the aquatic lives of the
riverine areas where oil drilling activities take place. 37 With the objective to achieve the
most desired economic development, raw materials have been extracted without much
regard to their impact on the environment. Factories operate without paying keen
attention to the environment. The upshot is a polluted environment. Indeed, the popular
refrain is that “Cameroon is blessed with abundant natural resources 38.” No one seems
to be bothered that given the present recklessness in their exploitation, this apparent
abundance could disappear, living us with not only a bare earth devoid of resources but
also a polluted environment. Happily however, there is now in Cameroon, (like in most

including Compensation” 1st Ed. Lagos Journal of International law. P .1

34
See Yemu, O. (1990) Some Public Law Considerations in Environmental Protection, Environmental Laws in
Nigeria including Compensation. 1st ed. Ababa press ltd. P. 28.
35
Fombad C. M. (1997) “The Effectiveness of Environmental Protection Measures in Cameroon’s 1994 Law Laying
down Forestry, Wildlife and Fisheries Regulation.” Journal of Environmental Law. Vol. 9 No.1, Oxford University
Press p.2
36
Ibid.
37
About a decade ago, the Oil Refinery Company (SONARA), located in Limbe, spilled oil which polluted the
riverine areas in CAP-Limbo. For details on this see Atem E. H. op cit. P. 20
38
Fombad, C. M. op. cit. p.10

9
countries of the world,) the realisation of the need to formally impose a legal framework
for environmental protection.
The point of departure would be the highly sophisticated legal machinery for the
enforcement of environmental prescriptions that exists elsewhere, and a well-co-
39
ordinated scientific back up to the legal regime on the environment already in place.
In several countries, environmental laws are regarded as part of the laws of the nation’s
survival and therefore, it behoves everybody, together with the institutional agencies to
see to it that the environment is duly protected from pollution (spoilage) for the common
good.40 In Cameroon, it has assumed a political character as national politics are fought
on the basis of a settled commitment to preserve the environment. The existence of
political parties whose principal manifestos are the restoration of the environment
confirms this trend.41
The apogee of environmental awareness in Cameroon came in 1992 when a
separate and independent ministry was created for that purpose by presidential
decree.42 In December 2004, this ministry was later split into two by another Presidential
Decree, namely, the Ministry of Environment and Nature Protection and Ministry of
Forestry and Wildlife.43
It should be remarked at this juncture that the task of regulating environmental
pollution in Cameroon was formerly conferred on the Directorate of Industry in the
Ministry of Industrial and Commercial Development. 44 The need to reduce the work load
of the old ministry managing both environmental and forestry issues was at the forefront
of this break up. Thus, apart from the importance of environmental protection in
contemporary political rhetoric, the overriding objective of the reform appears to be the
need to endow the new administrative machinery with an organisational chart that would
ensure a more focused and keener approach in the management of environmental
issues. During an extraordinary session of the National Assembly, 45 the government

39
Atsegbua, L. & Akpotaire V. (2004). Environmental law in Nigeria; Theory & Practice. 1st Ed. Ababa press Ltd.
P. 37.
40
Omorogbe, Y (1994). The Growth of Environmental Law in Developing Countries: Problems and Prospects 1st
Ed ,Mimeo press. p. 1.
41
The then Secretary General of the Cameroon People’s Democratic Movement (CPDM) Sadi Rene, a few years
back, on a visit to the North Region Said that, “if the people of this region voted a 100% to the incumbent president
during the 2011 presidential election, his party would do everything to fight the encroachment of the desert and the
damaging effects of climate change”. See Cameroon Tribune No. 6623, 35years, 20 September 2008.
42
Decree No. 92/069 of 3rd April, 1992 on the re-organization of the government.
43
Decree no. 2004/70 of 8 December 2004.Now Ministry of Environment, Protection of Nature and Sustainable
Development as Decree No.2011/410 of 9th December 2011 changed the name.
44
By Virtue of Article 23 of Decree no. 88/2004 of 5th February 1988.
45
1993/94 Legislative year.

10
tabled a Forestry and Wildlife Bill which was adopted (after a heated debate) and
promulgated into law by the President of the Republic. 46 In 1996, 47
Parliament debated
and adopted another bill relating to environmental management. 48 It was promulgated
into law in the same year.
As regards international instruments, the 1996 Revised Constitution as
amended,49 states in its Article 43 that, the President of the Republic shall negotiate and
ratify treaties and international agreements. Furthermore, Article 45 of the same
constitution stipulates clearly that, duly approved or ratified treaties and international
agreements shall, following their publication override national laws, provided the other
party implements the said treaty or agreement. With regards to international instruments
to combat pollution, Cameroon is a party to both bilateral and multilateral conventions,
treaties and protocols, which may either, be sub-regional, regional or universal in
nature. Some of these universal agreements include, the Convention on the protection
of the Ozone layer,50 the Montreal Protocol on the control of chlorofluorocarbon, 51
the
London Amendment to the Montreal Protocol on Substances that Deplete the Ozone
Layer,52 Framework Convention on Climate Change,53 the Basel Convention on the
Control of Transboundary Movements of Hazardous Waste and their Disposal. 54 With
respect to continental or regional conventions, two readily come to mind namely, the
African Convention on the Conservation of Nature and Natural Resources 55 and the
Convention on the Ban of the Importation of Waste Products into Africa and the Control
of Transboundary Movement and Management of Hazardous Waste within Africa. 56 Not
only environmental conventions with reference to environmental issues have been

46
See Law No. 94/01 of 20th January, 1994 and Bill No. 544/PJI/An of November 1993.
47
1995/96/Legislative year.
48
See law No. 96/12 of 5th August 1996
49
Loi No. 2008/001/ du 14 Avril 2008 modifiant et Complétant certaines dispositions de la loi No. 96/06 du 18
Janvier 1996 portant révision de la constitution du 02 Juin 1972.
50
The Vienna Convention of 22nd March 1985 ratified in Cameroon on 30th August 1989.available at http//
www.google.cm/serch.the
51
Montreal Protocol of 16th September 1987 on Substances that deplete the ozone layer ratified and entered into
force in Cameroon on the 30th of August 1989. available at http//www.unep.org/ozone.
52
London Amendment of the Montreal Protocol on Substances that deplete the ozone layer ratified in Cameroon on
the 29th of April 1990. available at http//www.google.london amendments to the Montreal Protocol April 1990.
53
The United Nations Framework Convention on Climate Change of 14/6/1992 ratified in Cameroon on 19/10/1994.
available at http// unfcc.int/essential background background/convention /status of ratification/termol2631/phd.
54
The Basel Convention of 21st March 1989 ratified in Cameroon on the 05/10/2001. Available at
http//www.google.cm/basel convention.
55
The African Convention on the Conservation of Nature and Natural Resources of 15 September 1968 ratified in
Cameroon on the 29 September 1978 source: UNEP. Register of International Treaties and other Agreements in the
field of the environment (1996)
56
This convention was signed in Bamako-Mali on the 1st of March 1991 and in Cameroon on the 21 of December
1995.available at http// sedac.cie,sin.org / entri / register/red.

11
ratified by Cameroon but other international instruments such as the African Charter on
Human and Peoples’ Right have been ratified. 57
However, commendable these efforts might be an intimate look shows that much
still has to be done. Cameroon’s environmental management laws maybe clear on
paper but their implementation is problematic as we shall see in the course of this study.

B) Literature Review
There is abundant literature on pollution. The literature in various forms reiterates
the fact that urban pollution is governed by municipal law of the affected country and
international law practice as revealed by relevant treaties and case-law. The
complementing of municipal law by international law is to make sure that pollution
(urban), is stamped out. It should be mentioned here that little has been written on
urban pollution per se in Cameroon. In the light of existing literature on environment in
Cameroon, previous researchers have not been comprehensive enough to cover urban
pollution.
Kamto’s58 book focuses on environmental law in Africa in general before and
after colonisation. He discusses pollution in general amongst other topics of
environmental law. The contribution international bodies and Non-Governmental
Organisations (NGOs) make in the effort to curb pollution is canvassed extensively in
the book. The punishments meted out to defaulters under administrative and criminal
sanctions are equally discussed in the work. He however, warns that the impact of man
on climate, pollution (air, water and land) and the transboundry movement of toxic
waste cannot be handled by national law only. He concludes that laws alone cannot
fight environmental pollution though they are the engine of environmental politics.
Asah59 in her dissertation scrutinises the legal aspects of ozone layer depletion
in Cameroon. The researcher undertakes an in depth investigation of the causes of the
depletion of the ozone layer and dwells at length on the legal regime on the control of
the substances that depletes the ozone layer. The work equally explains how the
importation of these substances into Cameroon can be checked. In order to effect this
check, she submits that strict adherence to the laws that govern this importation will
drastically reduce these substances. The author also intimates that the legal system in
57
The Africa Charter on Human and People’s Rights was signed in 1987 and ratified in Cameroon on the 20 of June
1987.available at http// treaties.un.org/pages/viewdetails.
58
Kamto, M.: (1996) Droit de L’Environnement en Afrique: EDICEF.
59
Asah Y. N. (2006) “Legal Protection of the Ozone Layer: The Case of Cameroon”, DEA Dissertation, University
of Yaounde II Soa (unpublished)

12
Cameroon offers little remedy to the aggrieved party (ies) under municipal law although,
Cameroon has ratified the Montreal Protocol of 1987 and the Vienna Convention of
1985 that regulate the depletion of the ozone layer.
However, it must be mentioned that this work dwells exclusively on the causes and
solutions to the depletion of the ozone layer without extending to other key issues on
pollution.
Fombad in his article60 dwells exclusively on the Forestry and Wildlife Law of
1994 in Cameroon. The article examines the evolution of environmental law in
Cameroon from pre-colonial days to present date with particular attention to Forestry,
Wildlife and Biodiversity. Little or nothing is mentioned in the article on pollution. The
author points out the lacunae of the 1994 law and castigates the measures put in place
to handle defaulters of the 1994 law. He states that something has to be done about
sworn officials who are supposed to implement this law or else it will be a dead letter
because most of these officials take bribe. He further opines that, if something is not
done about the criminal and civil sanctions, the forest of Cameroon will disappear in the
shortest possible time because of illegal logging. This will exacerbate climate change
which is one of man’s greatest challenges of the 21 st century.
Lastly, he explains that, in this looming disaster, the 1994 law stands incongruous as a
solution and the only hope rests with the various texts of application which must make
up for its deficiencies.61 Likewise, the article intimates more, if not, exclusively on
forestry and wildlife than on pollution.
Meanwhile, Egbe,62on his part, examines the legal protection of forestry, wildlife
and biodiversity resources in Cameroon’s environmental law and equally premises
analysis of the 1994 Wildlife Law. Discussions focus on the illegal logging of forest and
the wanton hunting of wildlife which is inimical to sustainable development. The
researcher contends that the punishment meted out to defaulters of the law, though
salutary are derisory. He further notes that some areas of the law are ambiguous and
suggests that these sanctions should be revised to give it the most desired deterrent
effect it is enacted for. Unlike Fombad who complains that if a decree of application is
not passed and fast, the forest of Cameroon will disappear because of uncontrolled
illegal logging, Egbe premises the enactment of the decree of application but says it
60
Fombad C. M., op.cit p. 5.
61
Suffice it to note here that the main legislation the author was premising has a text of application a couple of years
ago.
62
Egbe S. E. ( 1994) “ The Legal Protection of Forestry, Wildlife and Biodiversity Resources in Cameroon’s
Environmental Law”. Doctorat de Troisième Cycle Thesis: (Unpublished)

13
should be effectively implemented. He mentioned pollution in passing specifically
canvassing only about the dumping of toxic waste on the coast which might seriously
affect the forest and wildlife. He contends that the greatest flaw of the law regulating the
dumping of toxic waste is that it is enacted without adequate studies being carried out.
The author opines finally that, the draftsmen should study the relationship between
multinational and national accomplices who dump this waste before enacting the law.
Chebou63 scrutinises marine pollution caused by voluntary dumping of
dangerous waste (substances) on the coast and in the sea under international law. He
contends that Marine pollution is caused by voluntary and non-voluntary means. That
caused by voluntary means is the most recurrent. The author discusses at length the
upshot of Marine pollution on aquatic life, man and plants. Chebou, states unequivocally
that Marine pollution does not concern only the high seas but also coastal areas. He
explains further that, due to the complexity of Marine pollution a single solution cannot
be found to handle it. International conventions and treaties are “soft” laws and thus
cannot impose an action on any state. In other words, a state is not obliged to enforce it.
Hence, a state might sign it but it might not ratify it. Only “hard laws” can impose an
action on a state. The author asserts in addition that, a second reason why these
international conventions and treaties are not respected is because most countries do
not have the strength (backing) to enforce them.
He concludes, that Non-Governmental Organisations (NGOs) and Governmental
Organisations are fighting to stamp out Marine pollution. This will act as a booster to
international laws. It is worthy to note here that the author examines only Marine
pollution without discussing others.
AKO64 examines the implementation of international environmental law policies
in Cameroon with particular reference to Environmental Impact Assessment (EIA). The
author argues that there is an antagonistic relationship between economic development
and environmental protection. Ako, believes that if environmental impact assessment is
well implemented, it will act as a tool that can help in the integration of the environment
into development projects. In other words, he opines that, environmental impact
assessment could be an effective instrument to achieve sustainable development if
policies are properly implemented. However, he states that, when examined with

63
Chebou, P., (1998) “La Pollution Du Milieu Marin Par Les Rejets Volontaires de Substances Dangereuse et le
Droit International” Doctorat d’Etat; Aix-Marselle III- France (unpublished).
64
Ako J. A. (2010) “The Implementation of International Environmental Law Policies in Cameroon: The Case of
Environmental Impact Assessment”. DEA; Dissertation Yaounde (Unpublished).

14
consciousness, it is realised that EIA tries to deal with matters of uncertainty. The
implication is that in the face of clear uncertainty, the project concerned should be
postponed. These efforts, he added, are the main pillars of international cooperation
activities in the environmental protection field in Cameroon. He ends up by examining
the effectiveness of the laws which govern EIA in Cameroon especially in the context of
existing constraints.
Lekeanyi et al in their article65 explore, the collection, purification and evacuation
of waste water in the Mission d’Amenagement et d’Equipement des Terrains Urbains et
Ruraux (MAETUR) and Société Immobilière du Cameroun (SIC) housing estates (in
Grand Messa, Cité Verte, Biyem Assi etc). In this article the authors explain why waste
water from these SIC houses are either not or poorly purified before discharging it into
gutters and streets. They argue that, this situation is aggravated because the laws
governing sanitation in Cameroon in general and the SIC-MAETUR housing estates are
dispersed (non-coordinated) or confusing, thus making their application almost
impossible. They contend further that, the legislative and reference texts define clearly
the responsibility (function) of each institution but the Yaoundé Urban Council has failed
to perform its own function with reference to the management of the same. The lack of
involvement has exacerbated the situation leading to the modification of aquatic
biodiversity and also exposing the people in the area to diseases. The article is limited
only to water pollution. Nothing is said about air and land pollution. However, the
apogee of the article is the proposal it makes that, the laws governing sanitation should
be made easy to implement.
Tutuwan,66 probes into government’s approach to environmental problems in
Cameroon. He asserts that the management of the environment and its resources has
traditionally been in the hands of the population. In spite of their traditional respect for
nature and rational exploitation of its resources, there is nowadays abundant evidence
of environmental abuse and damage. The author states, further that, the pace of
environmental destruction in Cameroon has been accelerated by population growth,
increasing demands for food and cash crops and raw materials for foreign industrialised
economies, all under the guise of development and the quest for a better standard of
living. The need to stem the pace of environmental degradation and to promote
65
Lekeanyi P.A., et al (2000) “Collect, Epuration et Evacuation des Eaux Uses dans les Lotissements SIC-MAETUR
de Yaounde”. Revue de Géographie du Cameroun, Vol, xiv, No. 2, Université de Yaounde I.
66
Tutuwan E., J.B. (1992). “Government Approach to Environmental Problems in Cameroon.” Contribution à la
conférence sur la Situation de l’Environnement au Cameroun, Organisé par la Fondation Friedrich Ebert à Yaoundé
le 13 Mai 1992, pp 27-39.

15
sustainable development has given government a more direct role to play in bringing
about development while protecting the environment by curbing the abuses and
controlling the exploitation of natural resources so as to make their availability
sustainable. This requires that the environment is seen as a public good and
appropriate measures to protect and regulate its use are taken. It is very easy therefore
for environmental problems to be ignored, shoved aside or handled superficially. In the
circumstance, government would seem to be constantly reacting to environmental
problems when they are already created rather than pre-empting them before disaster
strikes.
It is seen from this article that, the author discusses environmental degradation in
general without laying particular emphasis on a particular degrading aspect and lastly,
without giving the main reason why degradation is still rife in Cameroon and why the
laws regulating them are not applicable.
Nkongmeneck67 discusses the causes of environmental problems in Cameroon.
The author concentrates his analysis on urban and rural causes. He contends that in
urban areas the problems can be classified into three; namely, pollution, urbanisation
problems and problems occasionally caused by dams while in the rural areas, there are
varied because in them there are desertification, deforestation, erosion, natural
catastrophes and problems caused by dams. It is worth noting that the author discusses
environmental problems without pining it down to a particular facet. The author’s article
has a flaw because, he discusses the causes of environmental problems in a general
manner though briefly and ends up by giving possible solutions to them without
discussing the legal framework which regulates environmental degradation and the
impact of its violation.
Kengne68 engages in an extensive examination of the causes of environmental
problems in Cameroon unlike Nkongmeneck who discuss them shallowly. The author’s
analyses are based exclusively on national causes. He concentrates his findings only
on Douala and Yaoundé without making references to other big towns in Cameroon. He
states that most of the houses built in these towns are not well planned out which
affects the road network. The end result is that, it is difficult for waste to be collected
and evacuated. The upshot being land and water pollution. Constructing a city, building
67
Nkongmeneck A. (1992). “Les Problèmes Environnementaux Au Cameroun : un Inventaire ”. (La Situation de
l’Environnement Au Cameroun) Contribution a la conférence sur la situation de l’Environnement au Cameroun,
Organisée par la Fondation Friedrich-Ebert à Yaoundé le 13 Mai pp. 53-59.
68
Kengne F. (1991). “Les Problèmes Écoloques et Environnementaux au Cameroun: un Exposé ” Centre de
Recherche en Economie Appliquée ; CREAP.

16
roads and edifices to Kengne is not enough but maintaining them is the most important
issue. He concludes that, a lot has to be destroyed and constructed in these two big
towns to make them clean and attractive. Kengne just like Nkongmeneck discusses the
causes of environmental problems without looking at the legal causes.
Lambi et al69 focuses on industrial water pollution with the case study of the
Ndogbong industrial district in Douala. They attempt to assess the degree of physico-
chemical contamination of surface streams which flow away from the Ndogbong
industrial complex which has witnessed a diversity of industrial establishments. The
authors hold that, the topographic site of the industrial complexes in relation to the
position of the spontaneous or squatter settlements appear to be the essential precursor
of pollution of streams. They explain further that, the underground seepage of pollution
into the water tables, results from the excessive addition of industrial and domestic
wastes which have great contaminating effects on the stream. The authors argue in
addition that, the poorly conceived urbanisation process of many third world cities has
brought with it enormous problems of pollution because the problems of water, liquid
and solid waste pollution has never been properly addressed by their governments.
They conclude that, pollution can only be stamped out if the government enacts good
environmental management laws and makes sure that these laws are well interpreted
and implemented.
Ekane et al70 dwell on marine pollution in the Douala Lagoon and Limbe Estuary.
They explain that, marine pollution has increased because of the advent of
industrialisation, increase in population and urbanisation. The authors contend in
addition that, in the early stages of the Industrial Revolution, the concept of “dilute and
disperse” was adequate, given that, the sources of waste and the quantity of waste
generated were minimal. The authors complain further that pollution damages the
environment. They conclude that, pollution of these marine ecosystems has continued
despite enormous efforts by the government to curb it through the enactment of Law
No. 96/12 of 5 August 1996 relating to environmental management. It is worthy to note
here that, the authors have just mentioned these statutes without explaining why
despite their enactment, pollution is still rife in the case study in question.

69
Lambi, C.M, Ndifor, F, & Kanmogne J. A. (2001). “Industrial Water Pollution: The Case of Ndogbong
Industrial District, Douala, Cameroon.” Environmental Issues: Problems and Prospects; Unique-Printers,
Commercial Avenue, Bamenda p. 7-21.
70
Ekane, N.D. & Oben, P.M. (2001). “Biochemical Indicators of Marine Pollution in the Douala Lagoon & Limbe
Estuary” in . Environnemental Issues: Problems and Prospects. Unique Printers, Commercial Avenue, Bamenda.
pp. 119-132.

17
 We should emphasise here that, most of the books, theses and articles reviewed
offer a wide coverage of the causes of environmental problems in general. Some with a
legal background and others with none. Even those which have a legal background are
merely informative and not critical. This study will therefore examine pollution in general
and urban pollution in particular in some selected cities in Cameroon.
The study adds to existing literature by examining the legal policies that govern
urban pollution in Cameroon and its conformity to international norms (laws).

C) Motivation
A number of reasons have accounted for our interest to research on the above
topic. The striking absence of enough legal literature from legal minds on this area in
Cameroon is the first motivating factor.
Our second interest has been aroused not only by the recent awareness of the
importance of environmental law, but equally by the haphazard and muted attempts
being made by the Cameroonian authorities to protect the environment. The legal
framework governing environmental issues in Cameroon has undergone tremendous
changes during the past years. This has been due to the fact that Cameroon has signed
and ratified many international treaties and conventions governing environmental
problems. Even with this, there is still a lack of enforcement of the mechanisms put in
place for the effective application of these regulations. Finally the Constitution of
Cameroon,71 states in its Preamble that:

Every person shall have a right to a healthy environment. The protection of the
environment shall be the duty of every citizen. The state shall ensure the protection and
improvement of the environment

The next factor motivating this work is to prove that this preamble is not respected.
Cameroon has had a couple of environmental laws since independence. The
current one is the August 1996 Environmental Code. This code has a pervading and
ambitious spirit as it seeks to match the new realities of the environment of the country
to recent trends in the world environment. In fact, this spirit and ambition are geared
principally towards meeting the demands of the degrading world environment.
Therefore, the code reflects a dual and reciprocal policy namely:

Law No. 2008/001/ of 14 April 2008 Modifing and Completing some Sections of Law No. 96/06 of 18 January
71

1996 Revising the Constitution of 02 June 1972 (My translation).

18
 - The promotion and protection of the national environment
- The imposition of obligations and penalties on polluters
This research thus comes at a time when Cameroon is in search of a comfortable
environment for its citizens. There is therefore a need to pause and examine the
contribution of these laws to the attainment of this lofty goal.

D) Research Questions
Cameroon possesses a whole gamut of natural and human potentials that are
congenial for a comfortable environment yet urban pollution with its serious
ramifications is on the rise. In highlighting his indignation regarding pollution, Heyerdahl
remarks that “neglecting the ocean and the land is neglecting the two components of
the planet. Destroying the ocean and the land is destroying our planet. A destroyed
planet cannot serve any country”.72
Furthermore Cameroon has an enviable legal framework enacted to handle
environmental issues yet pollution is rife and the principal reason for this is the non-
implementation of pollution regulating laws. As noted above, this is one major reason
justifying this research. In view of the above problem and in order to realise the
objectives of this work discussed below, the following questions have been designed,
which the research will seek to answer.
Why are environmental laws not effectively implemented in Cameroon? Were the laws
doomed to failure right from inception? If they are “not good” as enacted, then they were
doomed to fail from inception! Or is it lack of political will on the part of the enforcement
authorities? Are there any other factors responsible for this and if so what? And finally,
what is the way forward?

E) Hypothesis
1) This research assumes that the existing legal framework encapsulating urban
pollution in Cameroon is complex and nebulous and, consequently, may
impinge on the treatment of defaulters.
2) That it is certain that proper policies may ensure a greater fight against urban
pollution if well implemented
3) That proper treatment of polluters may necessarily guarantee responsible
conduct from them.
72
Thor Heyerdahl, cited in , E. Du Portavice & Cordier, P. (1984) la Mer et Le Droit, P.U.F., TI, p 339.

19
 4) That education and sensitisation of the populace will go a long way to eradicate
urban pollution.

F) Objectives
The general objective of this research is to undertake a thorough research on
urban pollution in some selected cities in Cameroon.
Besides, it has as specific objectives the following:
1. Critically analyse the underlying legal policies and instruments governing urban
pollution in Cameroon.
2. Contribute to the understanding of the standards of treatment of polluters as
contained in appropriate legal frameworks defining policies.
3. Determine the degree of implementation of underlying policies and instruments.
4. Propose feasible solutions aimed at improving the legal policy standards that
would enhance both the qualitatively and quantitatively fight of urban pollution in
Cameroon and encourage responsible behaviour on the part of Cameroonians
and industries.

G) Significance
Urban pollution is gaining momentum in developing countries because of the
increase in industrialisation and production of wastes. Most governments in these
countries have, over the past years, been opening up their economies more and more
to foreign investors.73 In this wise, the Cameroonian law maker has striven over the last
two decades to institute a congenial legal framework to fight pollution. This research
thus comes at a time when Cameroon is doing everything to fight pollution and give its
citizens a pollution-free environment.
The research would certainly facilitate the identification and understanding of the
nature of the legal rules and policies governing urban pollution in Cameroon and, in the
process bring out their weaknesses. It also portrays the extent to which current
customary international law notions and national law standards have gone a long way to
fight pollution and their upshot (compensation of victims by polluters) in the host
country, thereby espousing the concept of international environmental law. This
research also examines the need for a qualitative method to fight pollution through

Atangcho N. A. (2008). “Foreign Direct Investments and Legal Policy Options in Cameroon”. Ph.D Thesis,
73

University of Yaounde II-Soa (Unpublished).

20
sound government policy options. There is ample evidence that although foreign
investors (multinationals) bring revenue into the local economy, they nevertheless
cause serious environmental pollution and other social hazards. This thesis explores
avenues for widening the concept of corporate responsibility and how they can be
revisited by attaching each particular type of corporate misconduct to a specific head of
conduct, beyond all classes of corporate social responsibility.
Against this background, national policy-makers can take advantage of the findings of
this work to rebuild generally national and environmental options. Companies would find
time to study the modalities of treatment with regards to environmental pollution issues
that they expect to meet in Cameroon.
Lastly, the accomplishment of such a study might be helpful not only to
disseminate knowledge to interested institutions, but also to contribute to the reform
effort in environmental legislation in Cameroon. The research equally seeks to
contribute to an area of law, which has been given a cavalier treatment and, at best
considered exotic by Cameroonian authorities.

H) Methodology
This research essentially rests on the analysis of primary and secondary data.
As such, the empirical and intensive desk research techniques were used to collect
relevant information. Two methods were used to analyse the data: the legal and the
genetic method.
The former is a deductive form of legal analysis which involves the explanation of
a social fact through the analyses of relevant texts. Two steps are involved namely;
analysis of laws on the one hand, and the exploration of the manner in which they are
enacted, interpreted and applied, on the other hand. The legal method helps in
answering some crucial questions concerning laws such as what is the nature of a law;
does the law meet projected objectives? This method was employed to enhance the
analysis and interpretation of relevant environmental management laws, notably the
1996 Environmental Management Code, the 1998 Water Law, and the 2001 Mining
Code among others. It can be noticed that the method is not limited to the examination
of existing laws that analyse the result of production, but also extends to the
examination of the dynamics of production itself, that is, the circumstances of enacting
laws. The circumstances and manner under which, for example the 1996 Environmental

21
Management Code came into existence is important. This background information helps
us to understand the nature of laws. Examining production further goes beyond mere
syllogism in the application of law given that the propriety of any law must be
questioned not only in terms of testing the IS of law, but also, the HOW of its
implementation. The aim is to ascertain the attainment of set objectives and to
eventually determine how the law OUGHT to be. For example, how do national
authorities and institutions, particularly the judiciary, apply the laws? Consequently, the
functionalist approach is employed. The review of some case law would also be done.
The genetic method consists in tracing the history and evolution of events. It
poses the problem of WHY and HOW. The method is most reliable because it is centred
on the causal link between the past and the present; the past being the basis of the
present approaches in laws. The genetic method is the most exigent in the field of social
sciences since many factors may be at the base of a social fact or phenomenon under
consideration. This method facilitated the tracing of the evolution of the main
environmental laws in Cameroon since independence as well as analysing and
assessing their respective efficacies in terms of their respective circumstances and
eras. The peculiarity of a research topic, as this one, is that it is highly multi-
disciplinary/dimensional. Undeniably it centres on an environmental concept – pollution.
However, it views and analyses issues essentially from a legal perspective.
Thus, albeit a legal study, one should always be mindful of its non-legal
dimensions.

I ) Scope of the Research

The work covers environmental pollution in general and urban pollution in
particular in Cameroon. The thesis’ discussion will be limited only to some selected
cities of Cameroon namely; Douala, Yaoundé, Limbe, Bamenda and Bafoussam
because they portray peculiar hallmarks of urban pollution. It should be mentioned here
that, with regard to water pollution, discussions will be limited only to continental rivers,
streams and municipal lakes. Marine pollution is beyond this research. It is noteworthy
that, despite the bi-jural nature of Cameroon, there have been progressive
developments or attempts at unifying the laws of the regions. One of such areas of
successful harmonization is the area of environmental law – the focus of our research.
So the laws pertaining to this area have been harmonised and even codified.

22
 From a historical perspective, the thesis will be based on the study of urban
pollution in some selected cities of Cameroon, from independence to present date,
though allusion will (whenever necessary) be made to the pre-independence era so that
the trend of development should be maintained.
Furthermore, although the work is titled “Legal and Policy Mechanisms for Urban
Pollution Control with Particular Reference to Selected Cities in Cameroon,” the
discussion shall be based on general principles but in certain circumstances, particular
aspects deemed to be peculiar to a particular city or town shall be dealt with at length to
illustrate an important aspect or principle. References shall be made to cities in different
countries other than Cameroon to throw more light on alluded facts or principles.
Examples of such countries include Nigeria, Zambia, Ghana, America, Britain, India,
China and France among many others.

J) Organisational Lay-out
The work has been broken down into seven chapters. It starts with a
general introduction which gives a broad introduction of the work. The literature review,
motivation, research questions, hypothesis, objectives, importance of the study,
methodology, scope and working definitions are also discussed under this general
introduction.
Chapter One discusses the international regulatory framework. It dwells on the
origins and weaknesses of international treaties and conventions that regulate pollution
in general and urban pollution in particular. It analyses international conventions and
treaties such as the Montreal Protocol, the Kyoto Protocol, the Basel Convention and
the Bamako Convention among others.
Air pollution is discussed in Chapter Two. The causes and effects of air pollution
end the chapter.
Chapter Three handles noise which is one of the biggest problems
Cameroonians are facing today in urban centres. The chapter ends with a look at the
causes and effects.
Water pollution which is prominent in Cameroonian cities is discussed in Chapter
Four. Here a distinction between rivers, streams and coastal pollution is made. How it
can be prevented and the laws that govern those who flout it are considered. It ends
with the punishment levied on defaulters.

23
 In Chapter Five, land pollution is examined. It starts with the definition of land
pollution and its causes. It ends with the distinction of land pollution from contaminated
land and its effects on the environment.
Waste management is considered in Chapter Six. In this chapter a distinction is
made between hazardous and toxic wastes. The methods of clearing, treating and
recycling them are all considered therein. It ends with their impact on the ecosystem
and humans.
Chapter Seven which is considered the nucleus of this research discusses the
issue of non-enforcement of environmental law in Cameroon. Here, an in-depth study is
done to explain why environmental laws are not properly enforced in Cameroon.
The research ends with a conclusion and recommendations for reforms.

K) Working Definitions
There are some key words used in this research that require definition and
elucidation.

Policy
Ordinarily, policy refers to a set of ideas or plan of what to do in particular
situations that have been agreed officially by any group of people; business,
government or political party.74 In strict legal terms, it refers to the general principles by
which government is guided in its management of public affairs. 75

Mechanism
Mechanism means structure or arrangement of parts that work together, for
example the organs of a government.76
The expression legal mechanisms is used in this research to mean the strategies
in relevant laws and other instruments chosen and put in place by the Government of
Cameroon to regulate pollution in the country.

74
Cambridge Advanced Learner’s Dictionary. (2003) Cambridge University Press. p. 958.
75
Garner. A [ed]. (1999). Black’s Law Dictionary (9th Ed) Minnesota: West Group. P. 1178.
76
Hornby. A.S.(ed) (1989). Oxford Advanced Learners Dictionary of Current English. 7th ed Oxford University
Press. P. 528.

24
Urban
The Oxford Encyclopaedic English Dictionary defines it as “living in, or situated
in a town or city”.77 Legally it is defined as belonging to a city or town or within city limits.
Another source states further that, the word “urban” is derived from the Latin word
‘‘urbanis”, which in that language imports the same meaning. 78

Pollution
The definition provided by the Cameroonian Environmental Code 79 of 1996
considers “pollution” as any contamination or direct or indirect modification on the
environment provoked by any act likely to
- negatively affect a positive use of the environment by man; and
- threaten the health, security and wellbeing of man, the flora and fauna, air, the
atmosphere, waters, soils and collective and individual goods; 80
The Oxford Encyclopaedic English Dictionary defines it as to “contaminate or defile (the
81
environment), make foul or filthy or destroy the purity or sanctity of”. A more explicit
legal definition of pollution is given by Black’s Law Dictionary. It defines it as, “to corrupt
or defile the contamination of soil, air and water by noxious substances and noises.” 82
The 1972 United Nations Conference at Stockholm in one of its reports defines pollution
as “the discharge of toxic substances and the release of heat, in such quantities or
concentrations as to exceed the capacity of the environment to render them
harmless”83.
Another definition that is of general acceptance is that given by the Organization for
Economic Co-operation and Development in Europe (OECD) regarding Trans-Frontiers
Pollution, “pollution” means the introduction by man, directly or indirectly, of substance
or energy into the environment resulting in deleterious effects of such a nature as to
endanger human health, harm living resources and ecosystem, and interfere with
amenities and other legitimate uses of the environment.” 84

77
Joyce M H. and Robert A(ed). (1999). Encyclopedic English Dictionary 8th Ed. Oxford University Press. P. 1122.
78
Joseph. R. N. and Connolly M.J’s(ed) (1979) Law Dictionary 5th Ed. West Publishing Co. P. 1381.
79
Law Nº 96/12 of 5th August 1996 relating to Environmental Management. in Cameroon.
80
Section 4 (v).
81
Joyce M. H. and Robert A. Op.cit. p. 1122.
82
Joseph R. N and Connolly M.J. Op.cit. p. 1043
83
Atsegbua L. & Akpotaire V. Op. cit. P. 67
84
Ibid.

25
In 1974 the World Health Organization (WHO) limiting the guidelines for determining
whether the environment is polluted noted that:

The environment is polluted when it is altered in composition or condition directly or

indirectly as a result of the activities of man so that it becomes less suitable for all or
some of the uses for which it was naturally suitable.85

Urban Pollution
In the light of the above definition of “pollution”, urban pollution is that which
takes place in urban areas.

Pollutant
It is anything that pollutes the air, water and the soil. The Environmental Code of
1996 defines it as “any substance or solid, liquid or gaseous discharge, any waste,
odour, heat, sound, vibration, radiation or a combination of these, likely to provoke
pollution”.86

Polluter
Any person or corporate body which defiles or makes impure, the air, water and
land is a polluter. The 1996 Environmental Code defines it as “any private individual or
corporate body emitting a pollutant which leads to an imbalance in the natural
environment”.87

Environment
The term “environment” to the layman may just be defined loosely as the location
or place where he is at any given point in time. The Cambridge International Dictionary
of English defines the environment as 88”surroundings, the condition that you live or work
in and the way that they influence how you feel or how effectively you can work”.
This definition aptly fits the perception of the layman without more. The Cambridge
Dictionary therefore went further to give another definition of the environment as follows,

85
Ikhide E.(2007) Environmental Protection law 1st Ed. Effurun / Warri p. 33
86
Section 4(t)
87
Section 4(u)
88
Cambridge International Dictionary, (1995) Cambridge University Press p. 325.

26
“nature, the environment (the quality of) the air, water or land in or on which people,
animals and plants live”.89
This latter definition does not focus on man and where he lives but rather takes a
broader view of the environment to mean air, water, and land on which people, animals
or plants live. The maintenance of the balance of these delicate factors in any given
environment, and the world environment as a whole is the proper focus of
environmental protection. Man does not need to live in any particular place for
environmental protection to be imperative; hence the need to protect territorial waters,
high seas, air and forest where only plants and animals may be found is imperative.
Man does not need to live there at all for it to qualify as environment. Black’s Law
Dictionary defines it as:
The totality of physical, economic, cultural, aesthetic and social circumstances
and factors which surround and affect the desirability and value of property and
which also affect the quality of people’s lives.90
The above definition, though abstract, regards environment as a state of affairs of
nature viewed holistically and based upon the milieu of man in his natural habitat. This
expression may find some support in another definition which states that the
environment is “the conditions and influences of the place in which an organism lives”. 91
In this definition, organisms will include man, animals, plants and every living and non-
living things that exist in the atmosphere, water and earth. These definitions of the
environment fail to give enough impetus to the action of man in the environment
considering that man is the reactionary agent in nature.
For purposes of law therefore, the environment has been defined as “the system
of abiotic, biotic and socio-economic components with which man interacts and
simultaneous to which he adapts and transforms and uses in order to satisfy his
needs”.92
The 1996 Environmental Code defines it as:

All the natural or artificial elements and biogeochemical balances they participate in, as
well as the economic, social and cultural factors which are conducive to the existence,
transformation and development of the environment, living organisers and human
activities93

89
Ibid.
90
Black’s Law Dictionary op. cit. p. 415.
91
Cambridge Encyclopedic, (1992). P. 321
92
331. D.H.L (1982), P. 103.
93
Section 4 (k).

27
From all the definitions of environment discussed above it can be concluded that it
means, the air, water and land, forest and wildlife in Cameroon.
The evolution and development of legal tools and strategies to maintain a
balance between man’s continuous activities and the ecosystem is therefore apposite.
Environmental Law has therefore been defined as “comprising legal strategies and
procedures designed to combat pollution, abuse and neglect of air, earth, and water
resources.”94

94
Encyclopedia Americana, (1995). p. 300.

28
 CHAPTER ONE
URBAN POLLUTION REGULATORY FRAMEWORK

Introduction
The regulatory framework is used here to refer to the rules and regulations
governing urban pollution in Cameroon. This will be discussed under the
international and national regulatory frameworks.

1.0 International Framework

The International Pollution Law Regime is the major source of focus of national
pollution policy standards in developing countries. It streamlines the developing
country’s philosophy as expressed in its legal incentive standards. The national legal
policy framework for the treatment of pollution therefore, invariably reflects standards
contained in bilateral and multilateral pollution treaties.
Most States feel comfortable when they are parties to such treaties wherein
major legal guarantees for the mutual protection against pollution or handling of
pollution problems between States are addressed. These guarantees refer to
specific issues on the basis of International Law Standards or Principles that gauge
the treatment or handling of issues relating to pollution.
From this perspective, pollution treaties seem to play a vital role both in luring
multinational companies and winning or fortifying their confidence with respect to
State promises within national laws. 95 Hence, pollution treaties are usually referred to
as “umbrella agreements” as they supplement national laws and are considered by
foreign and multinational companies as affording greater protection than national
laws.96 Regional arrangements ushering community law and sub-regional reforms
have also been helpful in shaping the international pollution framework.
This section examines the contribution of multilateral and regional
arrangements as legal guarantees in relation to the Environmental Framework Law
in Cameroon.

95
Owen, L (1999) Frontiers of Environmental Law, 1st Ed, Lomas publishers, New York.p. 61.
96
Ibid .p. 63

29
1.1 Multilateral Arrangements
Multilateral pollution treaties are wide in scope since, they concern many
countries worldwide. However, multilateral agreements may be of regional character
thereby limiting their application in space.
A country can benefit more from the multilateral system because it allows for
comprehensive bargaining of all countries across many sectors, and outcomes are
enforced in a non-discriminatory fashion. However, multilateral arrangements in the
domain of pollution, contrary to bilateral pollution treaties, reduce their scope to
specific aspects of pollution,97 while recalling international law contingent standards
of treatment contained in national laws and bilateral pollution treaties, multilateral
pollution treaties are fair and equitable in their treatment. Multilateral arrangements
are applied only among Member States and as such they can take advantage of
those standards. To this end, national laws (as well as bilateral arrangements) often
make reference to multilateral arrangements.
Cameroon is a signatory to most multilateral treaties relating to pollution but
its success in fighting pollution is almost not very evident. However, some
multilateral arrangements have registered great success in the fight against pollution
in Cameroon.
Bilateral Pollution Treaties (BPT) seem to have definite advantages over
multilateral arrangements. The reason is that multilateral treaties involve many
states, making it difficult to achieve consensus on a great number of issues due to
differing viewpoints and interests. This does not, however, blur the fact that
multilateral arrangements also have their own advantages.
It should also be mentioned that although BPTs are more flexible, they might
also present the same shortcomings as multilateral treaties: such as conflict of
interest and difference in points of view between the two parties involved. Due to this
major setback in treaty practice, the effectiveness of any international effort at
regulating environmental relations between States is almost futile. However, pollution
treaties (as other treaties) are by no means useless. Moreover, no single legal
formula can be expected to resolve, by itself, the underlying political or cultural
problems,98 which underpin pollution matters.

97
See generally, Andrean, T. (1996), “The Evolving Law of Environmental Protection in the United States,
1970-1991” Environmental Planning Law Journal p. 86.
98
Akinsaya, J. (1979) “Canadian and British Approaches to International Environment Law,” Journal of
International Affairs vol. 3, p. 23.

30
 There are several multilateral treaties concerning pollution but since this
research is concerned with urban pollution, only the treaties that govern it will be
discussed in the paragraphs below.

1.1.1 The Vienna Convention

Much has not been written by many a jurist on the Vienna Convention. This
explains why we should also write on it. At least some extrapolation here may be
congenial.

1.1.1. 1 Context
The initiative for the enactment of the Vienna Convention sprouted at a time
when the whole world was still in search of a more appropriate legal rule to protect
the ozone layer. The solution lay in the institution of more conducive legal and
regulatory framework at a wider scale to encourage many countries of the world to
join and ratify it.

1.1.1.2 The Genesis of the Vienna Convention

The realisation that widely used chemical substances were destroying the
stratospheric Ozone Layer induced a number of countries in the early 1980s to ban
the use of chlorofluorocarbons (CFCs) for aerosol sprays 99. At the same time, their
general use made it obvious that the problem could not be solved unilaterally or even
regionally. Thus the United Nations Environmental Programme (UNEP) made the
protection of stratospheric ozone a priority item in its legal action plan and after
several years of effort, succeeded in negotiating the Convention for the Protection of
the Ozone Layer.100
The enactment of the Vienna Convention is an initiative that started
sometimes in the late 1980s. The real catalyst for the enactment was the global
complaints of increases in world temperature (global warming). The problem of
global warming and the expected increase in the temperature of the earth has been
aggravated by the consumption of fossil fuels and deforestation. In addition, the
depletion of the Stratospheric Ozone Layer, which has the effect of letting excessive
ultra-violet radiation through to the surface of the earth, is a source of considerable

99 ?
Wolf,S & white,A &Neil,S (2002) Principles of Environmental Law 3rd Ed London. P.259.
100
Vienna, March 22, 1985.

31
concern. The problem of the legal characterisation of the Ozone Layer is a significant
one. The Vienna Convention101 defines the ozone layer as “the layer of atmospheric
ozone above the planetary boundary”. This area would thus appear particularly in the
light of the global challenge posed by ozone depletion and climate change to
constitute a distinct unit with an identity of its own irrespective of national sovereignty
or shared resources claims. The UN General Assembly Resolution 43/53, for
example, states that global climate change is “the common concern of mankind”. 102
Whatever the precise legal status of the areas, what is important is the growing
recognition that the scale of the challenge posed can only really be tackled upon a
truly international or global basis.
In the first serious effort to tackle the problem of ozone depletion, the Vienna
Convention for the protection of the ozone layer was adopted in 1985. It was
negotiated over five years under the auspices of the UNEP. It is the first treaty to
address a global atmospheric issue and is open to participation by all States. It has
attracted widespread support from all industrialised nations and a very large number
of developing countries. It was signed in 1985 and it entered into force three years
later. Cameroon ratified this Convention on the 30 th of August 1989.103

1.1.1.3 Objectives of the Convention

The objectives of the convention are clearly spelt out in article 2(1). Under the
convention, contracting parties agree to take appropriate measures, “to protect
human health and environment against adverse effects resulting or likely to result
from human activities which modify or are likely to modify the Ozone Layer”. 104 The
parties also agree to co-operate in the collection of relevant material and in the
formulation of agreed measures, and to take appropriate legislative or administrative
action to control, limit, reduce or prevent human activities under their jurisdiction or
control, should it be found that these activities have or are likely to have adverse
effects resulting from modification or likely modification of the Ozone Layer. 105

101
This definition is found in Section 1(1) of the Vienna Convention of 1985.
102
See also Noordwijk Declaration of the Conference on Atmospheric Pollution and Climate Change 1989. see
e.g. Fleischer, J(1988) The International Concern for the Environment. The Concept of Common Heritage in
Trends in EnvironmentalLaw and Policy, 1st Ed, p. 321.
103
Available at http//www.google.cm/search.the Vienna 22 march 1985.
104
Adverse effect is defined in article 1(2) to mean “changes in physical environment or biota, including
changes in climate, which have significant deleterious effects on human health or on the composition, residence
and productivity of natural and managed ecosystems or on materials useful to mankind”.
105
Article 2

32
 Furthermore, the Convention does not set targets or timetables for action, but
require four categories of appropriate measures to be taken by parties in accordance
with means at their disposal and their capabilities, and on the bases of relevant
scientific and technical considerations. 106 These obligations are: co-operation on
systematic observations, research and information exchange; the adoption of
appropriate legislative or administrative measures and co-operation on policies to
control, limit, reduce or prevent activities that are likely to have adverse effects
resulting from modifications of the Ozone Layer; and cooperation in the formulation
of measures, procedures and standards to implement the convention as well as with
competent international bodies.107 Parties are free to adopt additional domestic
measures, in accordance with the law, and maintain in force compatible measures
already taken.108 The above objectives are accomplished through legal provisions on
various aspects of environmental law as contained in the relevant convention that
govern Member States.

1.1.1.4 Nature and Scope of the Convention

This convention is a framework agreement, providing the institutional structure
for the elaboration of protocols laying down specific standards concerning the
production of chlorofluorocarbons (CFCs), the agents which cause the destruction of
the Ozone Layer.
Article 3 and Annexes I and II of the Convention elaborate upon the type of
research and systematic observations which are to be carried out directly or through
international bodies.109 Article 4 and Annex II require co-operation in legal, scientific
and technical, socio-economic and legal information relevant to the convention,
subject to rules of confidentiality, and the development and transfer of technology
and knowledge, taking into account the particular needs of developing countries. The
parties transmit information to the conference of parties on their implementation
measures. That body is entrusted with the implementation of the conventions,

106
Article 2(1), (2) and (4)
107
Article 2(2) (a) to (d)
108
Article 2(3)
109
Annex I, defines three main areas of research need (the physics and chemistry of the atmosphere; health,
biological and photo degradation effects; effects on climate) and systematic observations and designated
matters; Annex I also identifies substances thought at the time to have the potential to modify the ozone layer;
carbon substances (carbon dioxide, carbon monoxide, methane, non-methane hydrocarbon species) Nitrogen
substances (nitrous oxide, nitrogen oxides) chlorine substances (fully halogenated Alkenes partially halogenated
alkenes); bromide substances; and hydrogen substances (hydrogen water).

33
assisted by a secretariat whose services are produced by UNEP. 110The convention
has a secretariat and an established dispute settlement mechanism. 111
However, the convention is little more than a framework within which further
action could be taken. It should be remarked that, the Vienna Convention applies
directly on member countries according to the provision of Article 13(2). The Article
stipulates that:
Any organisation referred to in paragraph I above which becomes a party to this convention
or any protocol without any of its member States being a party shall be bound by all the
obligations under the convention or the protocol, as the case may be. In case of such
organisation, one or more of whose member States, is a party to the convention or relevant
protocol, the organisation and its member States, shall decide on their respective
responsibilities for the performance of their obligation under the convention or protocol, as the
case maybe. In such cases, the organisation and the member States shall not be entitled to
exercise rights under the convention or relevant protocol concurrently.
This means that the convention, once adopted is directly applicable to member States
and override any contrary previous or subsequent national legislation in the relevant
area of Environmental Law. The upshot is that the convention is supra-legislative that
is, it has prominence over national legislation and of course this is a cardinal principle
of treaty law as evidenced in Public International Law. 112 Such a supra-legislative
tendency may, however, be fraught with difficulties in situations where host state
peculiarities put up resistance as we shall see below. By 2012 the convention had
been ratified by 196 parties113.

1.1.1.5 Some Advantages of the Vienna Convention

The radical drive undertaken by the convention’s initiative towards multilateral
legal integration as seen from its nature and objectives above are plausible. The
convention institutes a legal environment, strengthens legal security and judicial
cooperation; brings people of the world together and enables political cooperation
between them.
Adegoreye, on his part opines that “one of the most important advantages of
the Vienna Convention is that it reduces legal uncertainty, which is one of the
110
Article 5 to 7
111
Article 7 and 11
112
See generally, Mure, C (1999) “Harmonisation du droit de affaires en Afrique” in indice No. 016 du
décembre 1999, p.11.
113
Sands,P & Peel,J.(2012) Principles of International Environmental Law. 3rdEd Cambridge University
Press.p.263

34
components of legal insecurity”. 114 Legal uncertainty is a vice that has plagued
international legal systems for years. He further points out that the convention is
clear, comprehensive and known in advance.115 If there is one goal that a law would
seek to achieve, it is its predictability.
It was mentioned at the beginning of this section that the main objective of this
convention is to provide legal and judicial security to people in the environment. The
protection of people against ozone layer depletion is undoubtedly the underlying
rationale for such an objective. This point is properly underscored in paragraph 8 of
the preamble of the convention thus: “Determined to protect human health and
environment against adverse effects resulting from modification of the Ozone Layer.”

1.1.1.6 Major Shortcomings of the Vienna Convention

Certainly, the Vienna Convention’s initiative of legal integration in the world is
laudable. It has brought so many countries together on a common domain of interest.
The Convention is nevertheless fraught with a number of theoretical and practical
problems.
The first problem is that, it is just a framework convention which means it is not
authentic or it is just a draft which has no force of law.
Secondly, it aims at protecting only the Ozone Layer without fighting to reduce
ozone depleting substances. This lays open a lacuna in the law thus giving the
reasons why the Montreal Protocol had to be enacted. Thirdly, as a “soft” law, it can
only have authority within a country when it is ratified.
A country can be a signatory to a treaty but for it to have effect in that country it
must be ratified. It is necessary to appreciate that International Law is fundamentally
different from a domestic legislation or municipal law. In international law there is no
supreme source of authority. The law is formed by a consensus of behaviour and of
ideas between nations. These ideas are expressed either in the form of treaties (in
which case they are binding only on those nations that are parties to the treaties) or in
the form of internationally observed customary rules binding on all nations. Moreover,
compliance with treaties or customary rules by states is largely voluntary, because of
the non-availability of sanctions or, as a last resort, wage war to ensure compliance
with rules of international law. Enforcement of international law depends for the most
114
Adegoroye A (1998) The Challenges of Environmental Enforcement in Africa 1st Ed. Lagos University
Press. P. 102.
115
Ibid.

35
part on the persuasive powers of diplomats and on the idea that States will comply
with international provisions in order to preserve their standing within the international
community. In these circumstances public opinion within a nation (and the related
question of whether this opinion can be freely expressed) is important in ensuring that
nations comply with their international obligations. A country cannot be forced to ratify
or apply it. These are some of the major problems of international instruments - the
Vienna Convention is no exception.
The Vienna Convention is one of the sane steps taken by world leaders to
protect the Ozone layer. It is an initiative which seemed to have been appropriated by
world leaders more in principle than in practice. This is so because for about twenty-
five years now there is no significant effect of this Convention. It portrays the
weaknesses of the Convention. That is why the Montreal Protocol was passed.
However, the Vienna Convention is welcomed despite its infelicities. The
important thing is first undertaking a reform or enacting the treaty. Its defects can be
taken care of subsequently. The Montreal Protocol is one of the ways these limits in
the Vienna Convention have been handled, which is the next text to be discussed.

1.1.2 The Montreal Protocol

The 1987 Montreal Protocol on substances that deplete the 0zone Layer 116
represents a much more significant agreement than the Vienna Convention itself.
While the Vienna Convention provided a framework for action to protect the Ozone
Layer, no specific measures to phase out ozone-depleting substances were adopted.
Two months after the conclusion of the Vienna Convention, a British Antarctic Survey
team published its findings indicating a 40% loss of stratospheric ozone over
Antarctica. The ozone “hole” stimulated UNEP and the world meteorological
organisation to issue a comprehensive international assessment, which concluded
that CFC production trends would lead to dangerous ozone depletion. A subsequent
meeting of the parties to the Vienna Convention adopted the Montreal Protocol on
substances that deplete the Ozone Layer. 117 The action taken in adopting the protocol
thus represents the first significant application of the precautionary principle. The
Montreal Protocol foresees the control of various forms of chlorofluorocarbons and

116
Ad Hoc working group of legal and Technical Experts, First session, UNEP/WG.151/L.4 (1986); ibid, second
session, UNEP/WG.167/2 (1987); Ibid third session, UNEP/WG. 172/2 (1987). see Benedict, J(1998 ) Ozone
Diplomacy 2nd Ed. London,p.220
117
Montreal, September, 16, 1987.

36
halons, and their progressive elimination. Industrial countries agreed to cut production
and use of CFCs in half by 1998, and by 1992 to freeze production and use of
halons.118 Countries with an annual consumption of CFCs under 0.3 kilograms per
capita, which were mainly developing countries, were given a ten-year period to
comply. The protocol also restricted trade between states parties and non-parties,
addressing the free rider problem.

1.1.2.1 Objectives
The protocol sets forth specific legal obligations including limitations and
reductions on the calculated levels of consumption and production of certain
controlled ozone-depleting substances.119
It is also determined to protect the Ozone Layer by taking precautionary
measures to equitably control total global emissions of substances that deplete it, with
the ultimate objective of their elimination on the basis of developments in scientific
knowledge. This will take into account technical and economic considerations bearing
in mind the developmental needs of developing countries.

1.1.2.2 Nature and Scope of the Protocol

The first, and to date the only, protocol to the Vienna Convention is the 1987
Montreal Protocol. The Montreal Protocol came into force on January 1 st 1989. It is an
international environmental landmark agreement, providing a precedent for new
regulatory techniques and institutional arrangements, also the adoption and
implementation of innovative financial mechanisms. With hindsight, the Montreal
Protocol appears to be a relatively straight-forward instrument, and the fact that its
approach has subsequently been relied upon extensively in other international
environmental negotiations belies the controversy and complexity surrounding it at
the time of its negotiations.120
According to Benedict,121 most observers in and out of government believed at
the time that an agreement on international regulation of CFCs would be impossible
to reach. The issues were complete, involving interconnected scientific, economic,
118
Halons are a bromine-containing a chemical used in fire fighting.
119
1987 Montreal Protocol, Article 3 provides for the method of calculating control levels.
120
Granada, (1990) “The Montreal Protocol on Substances that Deplete the Ozone layer’’, in Suskind J and
Breslin W. J, (Eds), Nine Case studies in International Environmental Negotiation.
121
Benedick, R.E. (1998) Ozone Diplomacy; UNEP, Handbook for the Montreal Protocol on substances that
Deplete the Ozone layer 2000 5th Ed. P. 75.

37
technological and political variables. The science was still speculative, resting on
projections from evolving computer models of imperfectly understood stratospheric
processes - models that yielded varying, sometimes contradictory, predictions of
potential future ozone losses each time they were further refined. Moreover, existing
measurements of Ozone Layer showed no depletion, nor was there any evidence of
the postulated harmful effects.122 Its negotiation and conclusion, shortly after the
1985 Vienna Convention, were prompted by new scientific evidence indicating that
emissions of certain substances were significantly depleting and modifying the Ozone
Layer and would have potential climatic effects 123. The absence of scientific evidence
that actual harm was occurring required the international community to take
“precautionary measures to control equitably total global emission” of substances that
deplete the ozone layer.124 The parties to it have met regularly, as foreseen by the
agreement. At the first meeting, which held at Helsinki, in May 1989, new information
indicated that ozone losses were two to three times more severe than had been
predicted. Participating States thus adopted a declaration that called for accelerating
the phase-out of substances that destroy stratospheric ozone. This meeting also
initiated a major revision of the Montreal Protocol like the Vienna Convention, the
Montreal Protocol and its amendments have attracted widespread support 125
In 1990, the second meeting126 of the parties to the Montreal Protocol
considerably tightened the reduction schedule, again in the light of scientific findings:
it decided on new and shorter deadlines for the complete phase-out of substances. 127
This made even more necessary the effective participation of all significant producers
and consumers of ozone depleting substances, in particular countries like China,
Brazil and India.128 In a breakthrough, the London Amendments endorsed a financial
mechanism and Interim International Fund consisting of voluntary contributions from
the industrialised nations in order to assist developing countries in meeting the cost of
compliance with the convention and protocols. For the first time an international

122
Yeshida, O (2001) “The International Legal Regime for the Protection of the Stratospheric Ozone layer”.
Website: www.unep.org/ozone/index.sht.ml.
123
Preambular Paras. 3 and 4 of the Montreal Protocol.
124
Preambular para. 6
125
See Kindt, J and Menefee S, (1989) “The Vexing Problem of Ozone Depletion in International Environmental
Law and Policy”; 24 Texas International Law Journal 261. See particularly Sand, p. op.cit p. 340.
126
This meeting held in London on the 2nd June 1990
127
Mintz, J (1991) “ Progress Towards a Healthy sky: An Assessment of the London Amendments to the
Montreal Protocol on substances that Deplete the Ozone layer;” 16 Yale Journal of International Law 571.
128
Ibid. p.7.

38
environmental treaty called for financial transfers from industrialised to developing
countries.129
In November 1992, the third and fourth meetings of the parties took place in
Copenhagen. It completed the task of adapting the Montreal Protocol and of making it
operational.130 The meeting advanced the phase out dates for industrial countries to
1994 for halons and to 1996 for CFCs, methyl chloroform, and carbon tetrachloride. It
also took up the question of hydro-chlorofluorocarbons (HCFCs), a proposed
substitute for CFC, that is still ozone depleting but less than CFCs. The agreement
called for their complete phase out by 2030. 131 A 1995 meeting in Vienna added a
phase-out for methyl bromide, to the year 2010 for industrial countries. The meeting
also strengthened requirements for industrialised countries’ use of HCFCS, and
added a complete phase-out by 2040 for developing countries. 132 The 1992 changes
were adopted within four months of the entry into force of the 1990 Amendments and
have been ratified by 144 States.133 Since 1992, there have been three further rounds
of Adjustment in 1995, 1997, 1998 and 1999 and two Amendments have been
adopted, the first at the ninth meeting of the parties in 1997 134 (in force on the 10th of
November 1999 with eighty-nine ratifications 135) and the second at the eleventh
meeting of the parties in 1999 (in force on the 25 th February 2002, with forty-five
ratifications)136.
The 1990 Amendments introduced important changes to the Montreal
Protocol.137 The preamble was amended to include a reference to the need to take
into account the developmental needs of developing countries, the provision of
additional financial resources, access to relevant technologies, and the transfer of
alternate technologies.138 The definitions of “controlled substances” and “production”

129
Kiss, A & Shelton, D (2003) International Environmental Law 3rd Ed UNDP. p. 318.
130
Ibid.
131
Ibid.
132
Boyle A, and Birnie, P. (2002) International Law & The Environment 2nd Ed Oxford University Press p.
521.
133
Ibid.
134
Rowland, F.S (2001) “Atmospheric Changes Caused by Human Activities: From Science to Regulation”; 27
Ecology Law Quarterly 1261.
135
Ibid.
136
Ibid.
137
Haas, P. (1992) “Banning Chlorofluorocarbons: Epistemic Community Efforts to protect Stratospheric
Ozone”; 46 International organisations 187.
138
1990 Parambular Amendments Paras 6.7and 9

39
were amended,139 and a definition of transitional substances’ was introduced. 140 The
amended definition of “production” excludes “recycled” and reused amounts. 141 Article
2(5) was amended to establish new rules concerning transfers of calculated levels of
production between parties. New rules were adopted relating to the financial
arrangements and technological transfer.
The 1992 Adjustments adopted an indicative list of measures to be taken against
parties which were not in compliance,
The 1987 Montreal Protocol included provisions to take account of the special
needs of developing counties including large users of CFCs such as India and China,
who were unwilling to become parties to the Protocol because of the economic and
developmental implications of the Protocol. Article 5(1) of the Protocol allowed
developing countries’ parties whose calculated level of consumption was less than
0.3 kilograms per capita a grace period of ten years beyond the dates set for phase-
out in Article 2(1) to (4) of the Protocol. In addition, but without specifying how it was
to be achieved, the parties agreed to facilitate access to “environmentally safe
alternative substances” and to provide developing countries with subsidies, and,
credits, guarantees or insurance programmes for alternative and substitute product. 142
The original provisions of the Montreal Protocol were insufficiently attractive to
encourage the participation of many developing countries and further incentives were
adopted by the 1990 Amendments. These developed the rules concerning the special
situation of developing countries by replacing Article 5 in full and establishing, under a
new Article 10, a mechanism to provide financial resources. The amended Article 5
created an incentive for developing countries to become parties to the Protocol before
1 January 1999 by fixing that date as the final point at which States would be able to
benefit from the commencement of the ten (10)- year period of delay for compliance
with the control measures in Articles 2A to 2E as amended 143. Significantly, Article
5(5) of the 1990 Amendments recognised that the capacity of developing countries’

139
Ibid, Art. 1(4) and (5): see also decision iv/12 of the fourth meeting of the parties to the Montreal Protocol
excluding “insignificant quantities” from the definition: see Report of the fourth meeting of the parties to the
Montreal Protocol, UN EP/02. Pro. 4/15, 25 November 1992.
140
1990 Amendments, Art. 1(9). “Transitional substances” are those in Annex C to the Protocol.
141
Ibid, Art 1(5) Decision IV/24 of the meeting of the parties adopted “clarifications” of the teams “recovery”
(collection and storage of controlled substances… during servicing or prior to disposal), “recycling” (by re-use
of a recovered controlled substances, following a basic cleaning process) and reclamation (reprocessing and
upgrading of a recovered controlled substance) Report of the fourth meeting of the parties to the Montreal
Protocol, UNEP/02L.pro.4/15, 25 November 1992.
142
1987 Montreal Protocol, Art 5(2) and (3) ? 1990 Amendments, Art 5(1).
143
1990 Amendments, Art 5(1).

40
parties to fulfil their obligations and their implementation would depend on “the
effective implementation of the financial cooperation” as provided for in Article 10 and,
transfer of technology as provided for in Article 10A. This marked the first time that an
International Environmental Agreement linked implementation to the receipt of
financial resources and the transfer of technology. The 1992 Amendments created
the possibility that the period of grace would also apply to the 1992 Amendments
substances after the 1995 review required under Article 5(8) of the 1990
Amendments.144With the various actions taken by the member States, the 1985
Vienna Convention for the protection of the Ozone Layer has grown into an
international treaty system composed of the convention itself, the Montreal Protocol,
and its amendments.145 It is managed by the conference of the partners to the
Montreal Protocol, a Financial Mechanism and a Secretariat. The core of the
international structure is the Annual Meeting of the Parties to the Montreal Protocol
which allows the participating states to decide collectively when there is a conflict
concerning the interpretation of or the compliance with the accepted treaty’s
obligations.
Unless effectively halted, illegal trade in ozone-depleting substances could
undermine the Montreal Protocol’s key achievements. While the consumption of
ozone-depleting substances has been greatest in Europe and in North America in the
past, the fastest growing use has been in developing countries. 146 Estimates of the
amount of the illegal trade vary, but the chemical industry suggests that as much as
twenty percent of the CFCs in use worldwide are illegally traded. 147 In the United
States more than 450 tons of illegal CFCs have been seized. 148 NGOs have
recommended that developing countries be given greater funding to assist with the
accelerated phase-out of harmful substances. An Amendment to the Montreal
Protocol, adopted on September 17, 1997 149 aims at remedying the situation, at least
in part. It requires that when, after the phase-out date applicable to it for a controlled
substance, a party is unable, despite having taken all practicable steps to comply with
its obligation under the Montreal Protocol to cease production of that substance for

144
1992 Amendments, Art 5(1)
145
London 1990, Copenhagen 1992, Vienna, 1995, San Jose 1996, Beijing, 1999.
146
Kiss A op.cit p 319
147
. Vallette, J (1995) “Deadly Complacency: U.S CFC Production, the Black Market, and Ozone Depletion,
Ozone Actions”, Brack, D(1996)"International Trade and Montreal Protocol” n. 17.
148
French, H (1997) “Learning from the Ozone Experience, State of the world” 1997, 151.
149
EMUT 985: 22/D 21 International Environmental Rep. 1153 and 1210 (1998)

41
domestic consumption, other than uses agreed by the parties to be essential, it shall
ban the export of used, recycled and reclaimed quantities of that substance, other
than for the purpose of destruction. As a complementary measure, by January 1,
2000, each party had to establish and implement a system for licensing the import
and export of new, used, recycled and reclaimed controlled substances.
In spite of the problems, international efforts to protect the Ozone Layer have
had substantial impact. By 1995, global production of the most significant ozone-
depleting substances, the CFCs, was down by seventy-six percent from the peak
year of 1988.150 Several countries and regions advanced beyond agreements. The
EU announced that it will phase-out HCFC, by 2015, 151 fifteen years before it is legally
required to do so. The U.S. Clean Air Act mandates the phase-out of methyl bromide
nine years ahead of the Protocol requirements. Other countries similarly have
accelerated their compliance. Although the task is not complete, the international
community has responded clearly to the issue. What may be important for the future
is to ensure compatibility between the ozone and climate change regimes, as several
substitutes for ozone-depleting substances are greenhouse gases.
The implementation plan of the 2002 World Summit on Sustainable
Development, (WSSD) in Johannesburg, Para. 37, 152 agreed to enhance cooperation
in the field of air pollution and ozone depletion. States agreed to take actions to
facilitate implementation of the Montreal Protocol by ensuring adequate
replenishment of the Multilateral Fund by 2003/2005 and to further support the regime
for production of the ozone layer established by the convention system.
In a significant phrase, the WSSD text recognises the scientific and technical
inter-relationship between ozone depletion and climate change. Finally, participating
States agreed to take measures to address illegal traffic in ozone-depleting
substances. It is noteworthy here that Cameroon ratified this Protocol on the same
day it ratified the Vienna Convention.

1.1.2.3 Some Positive Aspects of the Montreal Protocol

The Protocol has some merits amongst which one can cite the following:
1. The Protocol bans the import of controlled substances from non-members or
parties. This is contained in Article 4(1). It states that “as of 1 st January, each
150
Kiss, A op.cit p. 320.
151
Ibid.
152
Ibid.

42
 party shall ban the import of controlled substances in Annex A from any state
not party to this Protocol”. The advantage of this is that parties who did not
want to join or sign this instrument should not reap its benefits.
2. It favours developing countries more, that is, those that consume less than 0.3
kilograms of the controlled substances in Annex A on the date of the entry into
force of the Protocol for it, or any time thereafter until 1 January 1999, shall, in
order to meet its basic domestic needs be entitled to delay for ten years its
compliance with the control measures set out in Article 2A to 2E. 153
3. It protects the ozone layer by taking precautionary measures to equitably
control total global emissions of substances that deplete it. 154

1.1.2.4 Disadvantages
1. The Protocol is discriminatory. It applies to all parties, except developing
countries with a per capita consumption of ozone depleting substances of less
than 0.3 kg for substances in Annex A and 0.2 kg for substances in Annex B of
the Protocol.
2. It is a treaty and so a “soft” law. “Soft” laws cannot be imposed on the parties
or they cannot be forced to comply with them though they are signatories to it.
They are not “hard” laws which can be impose on the signatories.

1.1.2.5 Assessing the Montreal Protocol

One measure of the Protocol’s success is that it had 165 parties by 1998,
including the EC, the USA, Russia, China, India, and Brazil, the last three having
joined following the adoption of the London Amendments in 1990. 155 These
amendments, together with the availability of significant financial assistance through
the Multilateral Fund, have helped to ensure a very high participation from developing
States. So have trade restraints: the number of Article 5 parties doubled once this
came into force. Thus good progress has been made in securing the level of global
adherence necessary for the Protocol to work. The only significant problem in this
respect is the failure of some major States, including China and India to ratify the
1992 Amendments.156

153
Article 5 of the Protocol.
154
See para 5 of the preamble of the protocol.
155
Birnie, P & Boyle, A op.cit p. 521

43
 A second measure of success is evident by the dynamic and flexible way in
which the regime has operated. Controls on ozone-depleting substances have been
strengthened at successive meetings of the parties in 1990, 1992, 1995, 1997 and
1999, new substances have been added and the supervisory institutions have
evolved.157
Thirdly, the level of compliance in developed States appears to have been
high, with most having phased-out the major ozone depleting substances by 1996 as
required by the accelerated timetable set by the Protocol Amendments, problems
submitted to the non-compliance procedure have largely been dealt with successfully,
albeit at the price of some delay in implementation by States in Eastern Europe.
Continued Russian production and export of controlled substances to other CIS
States had been a persistent problem, but by 1988 this had been phased-out with
assistance from the World Bank. The Implementation Committee was also reporting
large falls in the total consumption of the main ozone-depleting substances. Once the
Protocol began to take effect, a black market developed, threatening to undermine
the entire regime. By 1998, however, a new export/import licensing system to combat
smuggling was in operation 158 and rocketing prices for CFCs suggested that illegal
trade was being cut.
For Article 5 parties’ obligations to phase-out production and consumption only
began to take effect in 1999, so that by 1996, the World’s main CFC producers, apart
from Russia, were India and China. 159 Thereafter, data suggested that consumption in
a majority of developing countries had begun to fall significantly, and some parties,
including China had accelerated the phase-out. 160 However, there continued to be
problems obtaining reports from some States under Article 7; this is significant
because the whole regime depends ultimately on the ability to accurately monitor
performance.
Finally, whereas scientific assessment showed that in its original 1987 form the
Montreal Protocol would not have halted, an accelerating level of ozone-depleting

156
Tripp, J (1988) “The UNEP Montreal Protocol: Industrialised and Developing Countries sharing the
responsibility for protecting the Stratospheric Ozone Layer”; 20 New York University Journal of International
Law and Policy 733.
157
ibid
158
Adopted as Article 4 B of the Protocol by IXth meeting of the parties in Decision IX/8 (1997). On the
problem of illegal trade see. Benedict, J (1998) “Ozone Diplomacy” 2nd Ed. London, pp 27 -36, Brack L(1996)
“ International Trade and the Montreal Protocol” London ,pp 99-114.
159
Haas,P. op.cit p 10
160
UNEP, Rept. of 10th Meeting of Parties, UNEP/02L.pro. 10/9 (1998) Para. 72ff.

44
substances in the stratosphere, subsequent revisions are now predicted to result in
gradually diminishing levels after the year 2000, when increases attributable to past
emissions were due to stabilize.161 Provided the Protocol is fully adhered to, global
ozone losses and the Antarctic ozone hole should have recovered by around 2045.
Other problems may affect the success of the Protocol including new ozone-depleting
substances which it does not cover. Moreover, although the Protocol has encouraged
resort to substitute substances and technologies, some of these are greenhouse
gases included in the Kyoto Protocol. 162 There is an evident need for co-ordination of
these two regimes. Nevertheless, the Ozone Convention and the Montreal Protocol
have provided one of the most sophisticated and effective models of international
regulation and supervision of environmental purposes. Faced with the relatively
straight forward task of eliminating ozone-depleting substances, it appears to be
working.

1.1.3 The Framework Convention on Climate Change

1.1.3 .1 Genesis
Negotiations of a Climate Change Convention proved to be a much more
difficult task than reaching agreement on protection of the Ozone Layer. 163 The range
and complexity of issues involved in global warming and the uncertainty regarding the
nature, severity, and timescale of possible climate effects make the task of phasing
out production and consumption of ozone-depleting substances seem relatively
simple by comparison. The economic implications of climate change are much
greater as Grubb posits.164 Control of greenhouse gases goes to the heart of energy,
transport, and industrial policy in all developed States and many newly developing
ones.165 Moreover, the role of carbon sinks means that deforestation, protection of
natural habitats and ecosystems, sea-level rise and sovereignty over natural
resources are also important elements of the problem.
The negotiation of a treaty to address climate change and its effects
was formally set in motion by the United Nations General Assembly and the

161
WMO, Scientific Assessment of Ozone Depletion (Geneva, 1994)
162
E.G. HCFs, included in Annex A of the Kyoto Protocol.
163
Stone, C(1990) ‘The Global Warming Crisis, if there is One, and theLaw”. 5 American University Journal of
International Law and policy, 497.
164
Grubb, M (1989) “The Greenhouse Effect Negotiating Target”, Yale Journal of International Law, 451.
165
Tickell, C (1986) “Climate Change and World Affairs”, Colorado Journal of International Law and policy
101.

45
specialised agencies.166 On December 6, 1988, the UN Assembly adopted Resolution
43/53 on the Conservation of the Global Climate Change for present and future
generations of mankind.167 It stated that climate change is a “common concern of
mankind” and urged that it was necessary for governments and intergovernmental
and non-governmental organisations to collaborate in a concerted effort to prepare,
as a matter of urgency, a global Framework Convention on Climate Change. 168
The political process leading to the negotiation of a legal instrument was given
further impetus by the 1990 ministerial Declaration of the Second World climate
Conference,169 which called for negotiations on an effective framework convention on
climate change containing appropriate commitments to begin without delay. 170
The UN Framework Convention on Climate Change 171 was adopted on May 8,
1992 in New York and opened for signature 172 at the UN Conference on Environment
and Development173 in Rio de Janeiro, Brazil, on June 4, 1992 174. It was signed by
155 states and the EC in June 1992 at UNCED 175 and comprises a package which
contains elements for almost all the negotiating States but left none entirely
satisfied.176 It came into force on March 21, 1994. 177 A decade after its adoption, 186
governments, (including the European Union) are now parties to the Convention. 178
This constitutes near universal global membership. Cameroon ratified it on the 19 th of
October 1994.179

1.1.3.2 Objectives
The Convention provides a framework for the stabilisation of greenhouse gas
concentrations in the atmosphere “so as to prevent dangerous human interference

166
Churchill R and Freestone, D (1991) “International Law and Global Climate Change”, 16 Yale Journal of
International Law, 371.
167
Nanda, V (1983) World Climate Change: The Role of International Law and Institutions 1st Ed. Harvard
University press. P. 320.
168
UNGA Res. 43/53 (1988); UNGA Res. 44/207 (1989)
169
UN Doc A/45/696/Add. I, Annex in III (1989)
170
Sands, P. op.cit p. 359.
171
The Climate Change Convention.
172
Kiss, A. op.cit p. 321.
173
The so called “Earth Summit”
174
Thornton J and Berckwith, S. op.cit p. 55.
175
Sands, P. op.cit p. 359.
176
New York, 9 May 1992, in force 24 March 1994, 31 ILM 849 (1992), Art. 23(1). The Convention attracted
twenty-six ratifications within a year of its adoption, and by June 2001, 186 states were parties.
177
Banrat-Brown et al (1993) “A forum for Action on Global Warming: The UN Framework Convention on
Climate Change” 4 Colorado Journal of International law and policy 103.
178
Ibid.
179
Available at http//unfcc.int/essential background/convention/status&ratification//tyermos2631/phd

46
with the climate system”. Whilst the Convention refers to both natural and man-made
greenhouse gases, its focus is on climate change that is attributable to human
activity.
The objective of the Convention is to stabilise atmospheric concentrations of
greenhouse gases “at a level that would prevent dangerous anthropogenic
interference with the climate system” rather than reduce them emphasising that
prevention of climate change is the primary objective. 180 In this regard, precautionary
measures must be taken to anticipate, prevent or minimise the causes of climate
change and mitigate its adverse effects. 181 This stabilisation will require significant
reductions in emissions, but will still allow some global warming to occur. However,
according to Bodansky, the Convention 182 implicitly recognises that some climate
change is inevitable, since the objective is to be achieved within a time frame
sufficient to allow “ecosystems to adapt naturally to climate change, to insure that
food production is not threatened and to enable economic development to proceed in
a sustainable manner”183. Thus, the Convention adopts a pragmatic approach whilst it
would be possible immediately to stabilise atmospheric greenhouse gases, doing so
would necessitate an immediate global ban on fossil fuel use. This, of course, would
bring the modern world to a standstill.

1.1.3.3 Context and Scope

The Convention defines Climate Change as “a modification of the climate
which is attributed directly or indirectly to human activity that alters composition of the
global atmosphere, and which is in addition to natural climate variability observed
over comparable time periods.”184
The Convention comprises a package which contains elements for almost all
the negotiating states but left none entirely satisfied. 185 It reflected a compromise
between those states which were seeking specific targets and timetables for

180
Article 2. The Climate System is defined as the totality of the atmosphere, hydrosphere, biosphere and
geosphere, and their interactions’: Art 1(3); “climate change” is “a change of climate which is attributed directly
or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to
natural climate variability. Observed over comparable time periods.” Art. 1(2).
181
Article 3(3) of the convention.
182
Badansky, D (1993) “The United Nations Framework Climate Change Convention: A Commentary,” 18 Yale
Journal of International law. 451.
183
Article 2. op.cit.
184
Article 1(2).
185
New York, 9 May 1992, in force 24 194, 31, LM 849 (1992), Art. 23(1). The convention attracted twenty-six
ratifications within a year of its adoption and by June 2001. 186 states were parties.

47
emissions reductions, and those which wanted only a “bare-bone” skeleton
convention which would serve as the basis for future protocols, like the Vienna
Convention.
The Convention went beyond the scope of the 1985 Vienna Convention, which
took nearly three times as long to negotiate among a smaller group of states. The
instrument deserves its title: It constitutes a framework for which concrete and
specific obligations must be elaborated. This is the task of institutions established by
it. The word “framework” in the title is something of a misnomer, since the 1992
Convention established:
- Commitments to stabilise greenhouse gas concentrations in the atmosphere at
a safe level, over the long-term, and to limit emissions of greenhouse gases by
developed countries in accordance with soft targets and timetables.
- A financial mechanism and a commitment by certain developed country parties
to provide financial resources for meeting certain incremental costs and
adaptation measures;
- Two subsidiary bodies to the conference of the parties
- A number of important guiding “principles”, and
- Potentially innovative implementation and dispute settlement mechanisms.
The Convention was the first International Environmental Agreement to be
negotiated by virtually the whole of the international community, with 143 States 186
participating in the Final Session of the INC/FCCC and is potentially unique in the
scope of its direct and indirect consequences. Benedict argues that it is difficult to
identify any type of human activity which will, over time, fall outside its scope. 187
Affecting the vital economic interest of almost all states, it attempted to adopt a
comprehensive approach to integrating environmental considerations into economic
development and defined, in legal terms, the rights and obligations of different
members of the international community in the quest for “sustainable development”
and the protection of the global climate 188
Article 3 of the Convention, sets out a number of “principles” to guide the
parties in achieving the objective and implementing the provisions. The obligation of
parties to protect the climate system is “on the basis of equity” and “in accordance

186
Sands, p op.cit p. 359.
187
Benedict, R. (1990) “The Montreal Protocol Ozone Treaty: Implications for Global Warming”: 5 American
University Journal of International Law and policy 217.
188
Ibid.

48
with their common but differentiated responsibilities and respective capabilities,” in
accordance with which developed country parties should take the lead. 189 Parties
should adopt measures and polices which are “precautionary,” “cost-effective” and
“comprehensive,” and which take into account different “socio-economic contexts”. 190
Climate change policies should also be integrated in national development
programmes. Measures to combat climate change “should not constitute a means of
arbitrary or unjustifiable discrimination or a disguised restriction on international
trade”.191 Finally, throughout the “principles” section, and elsewhere in the convention,
reference is made to the need to ensure “sustainable economic growth” in order to
address the problems of climate change.
To achieve the objectives of the Convention, all parties are committed under
Article 4(1) to take certain measures, taking into account their common but
differentiated responsibilities and priorities, objectives and circumstances. These
general commitments include the development of national inventories of
anthropogenic emissions by sources and removals by sinks of all greenhouse gases
not controlled by the Montreal Protocol, 192 and the formulation and implementation of
national and, where appropriate, regional programmes containing measures to
mitigate climate change by addressing emissions and removals of these gases and
by facilitation of adequate adaptation to climate change. 193
All parties are required to promote, and co-operate in the diffusion of,
technologies, practices and processes that control, reduce or prevent anthropogenic
emissions of greenhouse gases not controlled by the Montreal Protocol; to promote
sustainable management, conservation and enhancement of sinks and reservoirs of
these greenhouse gases; and to co-operate in preparing for the adaptation to the
impacts of climate change.194

1. 1.3.4 Some Advantages of the Convention

189
Article 3(1)
190
Article 3 (3)
191
Article 3 (5)
192
Article 4 (1) (a)
193
Article 4(1) (b)
194
Article 4(1) (c) (e), a “reservoir” is defined as “a component of the climate system where a greenhouse gas or
a precursor of a greenhouse is stored”: Article 1(7).

49
 - It provides a framework for the stabilisation of greenhouse gas
concentrations in the atmosphere “so as to prevent dangerous human
interference with the climate system.”
- It provides a foundation for the efforts of States which sought to
ensure that emissions-reduction should be carried out in the most “cost
effective” way possible.
- The convention additionally requires that a “certain degree of
flexibility” should be allowed to develop country parties “undergoing the process
of transition to a market economy”. 195 Cameron and Zaelka in their article 196
support this article (section) on the basis that the text should not be detrimental
to some developed countries. They added that the text should be a “shield” and
not a “sword”.
- It is discriminatory because it gives an advantage to developing
countries on the argument that they have economies which are vulnerable to
the adverse effects of implementation of response measures 197.

1.1.3.5 Some Problems of the Convention

- Domesticated international instruments are supposed to be clear and easy to
understand as Caron, comments in his article 198, but the Climate Change
Convention as a whole is a complex document and the range of commitments
entered into, particularly by developed country parties, is not wholly clear. There is
division between the developed countries as regards the key issue of the
“commitments” section of the convention. For example, the United States of
America alone publicly opposed the adaptation of specific targets and timetables
and sought to ensure a “comprehensive” approach dealing with all greenhouse
gas emissions; not just carbon dioxide. 199
- The fragmentation of countries into special interest groups rocked the convention.
For example the large industrialising developing countries, such as India and
China, were understandably concerned to ensure that their economic

195
Article 4(6) of the convention.
196
Cameron & Zaelka (1990) “Global Warming and Climate Change: An Overview of International Legal
Process”, 5 American University Journal of International Law and Policy 248.
197
Article 4(10).
198
“When law Makes Climate Change Worse: Rethinking the law of Baselines in light of a Rising sea level”,
(1991) 17 Ecology law Quarterly 621.
199
Sands, p, op.cit. p. 360.

50
 development, including the use of large coal reserves should not in any way be
limited. Equally, developing countries with extensive forests, such as Brazil and
Malaysia, were concerned with ensuring that the primary emphasis of the
Convention should be on limiting developed country emissions and not on
protecting or enhancing developing countries’ sinks (forests).
- It goes from the above that instead of focusing on the general good, parties were
more interested in preserving or protecting their own selfish interests.
Negotiated by consensus, and intended to attract universal participation, the
Climate Change Convention reflects deep differences of opinion among the
participating states as to the measures needed and the allocation of responsibility for
addressing the problem. Not only was it necessary to acknowledge the differential
needs and responsibilities of developed and developing States, but also within each
of these groups there were no common positions. Members of the association of
Small Island States, such as Nauru and Vanuatu, which might disappear in the event
of modest sea level rise, were much in favour of a strong convention. Their interest
were far removed from those of OPEC oil producers such as Saudi Arabia and
Kuwait, whose income and economies would seriously suffer if consumption of fossil
fuels by developed States were to be reduced. Neither of these groups had much in
common with the larger developing states such as China, Brazil and India, who were
mainly concerned with not limiting their own economic growth, but had no objection to
developed States taking a strong lead. Nor did the developed OECD economies
share the same view on the measures that might be needed to tackle climate change.
In particular, the USA was not prepared to commit itself to specific emissions-
reductions or timetables and its opposition resulted in a convention that was
significantly weaker than the commitments already undertaken voluntarily by a
number of developed States.200 These divisions among major groups participating in
the negotiations must be recalled when assessing and interpreting the Convention.
The political, scientific, and economic complexity of tackling climate change
has thus presented the international community with a considerable challenge. Like
the Ozone Convention, what has emerged is neither a comprehensive “law of the
atmosphere,” nor a fully formed and detailed regulatory regime, but a framework
convention establishing a process for reaching further agreement on policies and
200
Countries that had previously committed themselves voluntarily to stabilize or reduce Co2 emissions
included Australia, Belgium, Canada, France, Germany, Italy, Japan, the Netherlands, New Zeeland, The Nordic
States, Swaziland, and the U.K.

51
specific measures to deal with climate change. 201 Although the commitments
undertaken by the parties are similarly weak, the 1992 Convention differs significantly
from the Ozone Convention in two important respects. First, it specifies objectives
and principles to guide implementation of the Convention and further development of
related legal instruments by the parties. Secondly, for the first time, it makes the
concept of “common but differentiated responsibility” the explicit basis for the very
different commitments of developed and developing states parties.

1.1. 3.6 Assessment of the Climate Change Regime

At the time of its adoption in 1992 the Climate Change Convention was
criticised for containing only the vaguest of commitments regarding stabilisation and
no commitments at all on reductions. 202 Understandably, the position was that “…
there is nothing in any of the languages which constitutes a commitment to any
specific level of emissions at any time…” It was also noted that “many of the
Convention’s provisions do not attempt to resolve differences much as paper them
over…” and that there was no provision for international monitoring or fact-finding. 203
Nor does the Convention acknowledge responsibility on the part of industrialised
Countries to compensate other states for the harm caused by greenhouse gas
emissions beyond a vague commitment to assist vulnerable developing country
parties to meet the cost of adaptation.204
There were valid criticisms in 1992, and in some cases remain so, but much
has changed in the eight years since then. Even in 1992 the Climate Change
Convention contained more substance than the Ozone Convention or the
Transboundary Air Pollution Convention. Like those agreements, the test of success
lies not in the commitments made in the convention itself but in its subsequent
evolution. Most importantly the convention did achieve an equitable balance
acceptable to the great majority of developed and developing states, 205 and by

201
On early proposals for a comprehensive “law of the atmosphere” see Bodansky op.cit p. 451.
202
Bodansky, D, op.cit. p. 451
203
Ibid
204
Article 4(4). The governments of Nauru, Tuvalu, Kiribati, Fiji and Papua New Guinea made declarations on
signature or ratification stating that the convention did not constitute a renunciation of any rights under
international law concerning state responsibility for adverse effects of climate change or derogation from the
principles of general international law.
205
. See Bodansky D (1993) “The United Nations Framework Climate Change Convention : A Comentry”. A
Yale Journal of International Law . Vol.18,No. p.451. See generally Redgwell, in Churchill and Freestone (eds)
International Law and Global Climate Change (London 1991), 41; Franck S(1995), Fairness and International
Law and Institutions Oxford, ch. 12. Sections 3(3) & b(3).

52
December 2000 it had 185 parties. Equally significant was the adoption of the Kyoto
Protocol in 1997 which demonstrated that agreement on stronger emission limits and
earlier timetables was possible despite the difficulty of maintaining meaningful
consensus. Given the evolving state of scientific knowledge about climate change
there remains a strong case for doing more to tighten emissions targets. In that
respect the Kyoto protocol is not the last word. Moreover after six conferences of the
parties there is still further work to be done to make a success of emissions trading,
the clean development mechanism, and joint implementation. Implementation of a
number of articles also requires further agreement on terms, including Articles 3(3)
and 3(4) of the protocol, which deal with the impact of forests and land use charges
on the calculation of net emissions since 1990. 206 Contrary to initial expectations the
convention and protocol are strong on reporting, expert inspection and review, and
multilateral consultation, but they remain weak on dispute settlement and non-
compliance, where further development is awaited.
Will the Climate Change Regime have any real impact on greenhouse gas
emissions? It is too early to offer any assessment of the protocol, but the first national
reports from thirty-one Annex I parties under Articles 4 and 12 of the Convention had
been submitted by 1996.207 At that stage experts had undertaken in depth reviews of
twenty-one of those parties. The reports focused on policies and measures taken by
each State to implement their commitments under the Convention, and on their
estimated emissions of greenhouse gases. They showed the varied circumstances of
each party, including very different energy needs and per capita emissions, as well as
the wide variety of national approaches to implementation of Article 4(2), including
taxation, voluntary agreements or action, regulatory reform, and removal of energy
subsidies to encourage competition and energy-efficiency, energy-switching, and
policies on improved management of carbon sinks. The Secretariat’s assessment of
the reports is that “in many cases, climate change concerns are not yet integrated in
decisions affecting the economy as a whole and consumption patterns of the
population”, but it noted “a growing consensus that climate change causes are
intrinsically related to energy policies and that gains in energy efficiency make sense
in economic terms while also improving a country’s emissions profile” 208
206
See UN Doc. FCCC/CP/1998/MISC. 1(1998)
207
See Report of the secretariat on Review of the implementation of the Convention (1996), UN Doc.
FCCC/CP/1996/12/Add.I.
208
Ibid, paras. 20 and 25.

53
 Most of the commitments under the Convention and the Protocol apply only to
developed states parties. The risk that emissions from developing states such as
Brazil, China, and India will overtake those of OECD States as they industrialise
further is a real one. These countries are not at present significantly constrained by
the Climate Change Regime. It is possible that more developing States may be
encouraged to assure commitments voluntarily, but the Group of 77 as a whole has
so far resisted attempts to bring them more fully within the control regime. The
Convention and Protocol do provide some incentives for developing States to tackle
greenhouse gas emissions, through various provisions on technology transfer, the
clean development mechanism, and “additional” funding from developed States and
the Global Environment Facility.209
Whether these incentives will have the desired effect remains to be seen, but
developing States do have a powerful lever to ensure that developed states meet
their commitments on technology transfer and funding. Article 4(7) notes explicitly that
“the extent to which developing country parties will effectively implement their
commitments under the Convention will depend on the effective implementation by
developed country parties of their commitments…” wordings of this kind are also
found in the Convention on Biological Diversity; 210 in effect it makes the already
limited obligations of developing states conditional on provision of benefits by
developed States. A regime in which one group of States bears most of the burdens
and another group reaps most of the benefits accurately reflects a sense of historical
responsibility for the causes of climate change; whether in practice it can be made to
work on this basis is much more doubtful.
Due to the cross-sectoral nature of the problems relating to climate change, no
government has as yet come up with one single piece of legislation,
Cameroon211inclusive, that addresses the subject in its totality. What most
governments have done is to develop an overall policy framework 212which addresses
all aspects of climate change and then allow each sector to implement those policies
that relate to its activities.

209
On funding see Convention Article 4(3) and II and Protocol Article II. On the GEF see Werksman, 6b IEL
(1995), 27.
210
See Convention on Biological Diversity, Article 20(4), and on conditionality see supra, Section 3(3).
211
The Law No. 96/12 of 5th August 1996 relating to Environmental Management does not cover or address the
subject of Climate Change in its entirety.
212
In the case of Cameroon see Sections 21 to 24 of the Environmental Management Code of 1996.

54
 Our proposal therefore is to address the elements as they relate to the various
sectors. If a State decides to enact a framework or umbrella legislation, 213 it may wish
to take into account the elements as they apply to each sector. If, on the other hand
the intention is to apply them sectorally, then the elements could be considered in
relation to amendments to be made to sectoral legislation.

1.1. 4 The Kyoto Protocol

1.1.4.1 Genesis
When the Climate Change Convention was adopted, the governments involved
knew that their commitments would not be sufficient to have serious impact on
climate change.214 The complexity of the text increases the risk of disagreement over
interpretation and thus of implementation. In 1995, therefore, the parties launched a
new round of talks, aimed at producing stronger and more detailed commitments from
industrialised countries. After two and a half years of intense negotiations, a protocol
was adopted in Kyoto, Japan, on December 11, 1997 and opened for signature on
the 16th March 1998.215 Building on the framework of the Convention, the Kyoto
Protocol breaks new ground. It significantly strengthens the convention by introducing
legally-binding constraints on greenhouse gas emissions in developed countries, and
by introducing innovative mechanisms which attempt to cut the cost of curbing
emission.216

1. 1.4.2 Objectives of the Protocol

- The aim of the Protocol is that each industrialised country is given a target by which
it must reduce its emissions of greenhouse gases below 1990 217 levels in the period
of 2008-2012 (known as the “First Commitment Period”)
The targets cover emissions of the six main greenhouse gases namely:
Carbon dioxide (CO2), Methane (CH4), Nitrous oxide (N2O), Perfluocarobons (PFCs),
and Sulphur hexafluoride (SF2).

213
See the 1996 Framework law on Environmental Management in the case of Cameroon. Federal
Environmental Protection Agency Act, CAP 131, LFN, 1990. See Simpson & Fagbohun,op cit. P. 480.in the
case of Nigeria
214
. Depledge, F (2000) “Tracing the Origins of the Kyoto Protocol: An Article by Article History”,; U.N. Doc
FCCC/TP/2000/2
215
Ibid.
216
Nowrot, K. (200) “Saving the International legal Regime on Climate Change”? This, 2001 Conference, of
Bonn and Marakesh, 24 German Yearbook of International Law p. 396.
217
Some Central and Eastern European Countries with economies in transition have a baseline other than 1990.

55
1. 1.4.3 Context and Scope
The most recent international effort to address the greenhouse effect was the
Kyoto Protocol, an agreement among the industrialised nations of the world to reduce
emissions of six greenhouse gases over a certain period of time by harnessing the
forces on the global market place to protect the environment.
More than one hundred and seventy nations signed the treaty, including the
US, the European Union, Canada and Japan. 218 This conference as has already been
mentioned held from December I-II, 1997 in Kyoto, Japan where the parties to the UN
Framework Convention on Climate Change agreed to a historic protocol to reduce
greenhouse gas emissions.
Negotiations for a protocol to the Convention commenced in 1995 after the first
conference of the parties, meeting in Berlin, determined that the commitments
provided for in Article 4(2) (a) and (b) of the convention were “not adequate” and
decided to launch a process to strengthen the commitments of Annex I parties
through the adoption of a protocol or another legal instrument 219 the “Berlin Mandate”
was to:
[a]im, as the priority in the process of strengthening the commitments in Article 4.2
(a) and (b) of the Convention, for developed country/other parties included in Annex I,
both to elaborate policies and measures, as well as to set quantified limitation and
reduction objectives within specified time frames, such as 2005 and 2020, for their
anthropogenic emissions by sources and removals by sinks of greenhouse gases not
controlled by the Montreal Protocol220
The process was not intended to introduce any new commitments for non-Annex I
parties, but merely to reaffirm existing commitments in Article 4.1 and continue to
advance the implementation of these commitments. 221 Negotiations were to be
conducted as a matter of urgency with a view to adopting the results of the Third
Conference of the Parties in 1997.222 At the Second Conference of the Parties in
Geneva in 1996, a Ministerial Declaration was adopted by which ministers urged
their representatives to accelerate negotiations on a legally-binding protocol or

218
Atsegbua L, and Akpotair V, op cit p. 195.
219
See Decision I/CP.1, Report of the Conference of the Parties on its third session, Kyoto, December 1997,
FCCC/CP/1997/7/Add.I.
220
Decision I/cp.1, Report of the Conference of the Parties on its first, session, Berlin, 28 March -7 April 1995,
FCCC/cp/1995/7/Add. I, para. 2(a).
221
Ibid para. 2(6)
222
Ibid., para. 6

56
another legal instrument. The Kyoto Protocol was adopted at the Third Conference
of the Parties and opened for signature on 16 th March 1998.
The Kyoto Protocol to the UN Framework Convention specifies different goals
and commitments for developed and developing countries concerning future
emission of greenhouse gases. A central feature of the Kyoto Protocol is a set of
binding emissions targets for developed nations. In other words, the main features of
the Protocol are the reduction targets accepted by the industrialised countries,
without corresponding obligations for developing countries. 223 The specific limits vary
from country to country, though those for the key industrial powers of the European
Union, Japan and the U.S. are similar, thus, eight percent (8%) below 1990 emission
levels for the European Union, seven percent (7%) for Japan. 224
Emission targets are to be reached over a five-year period as proposed by
the United States rather than by a single year. 225 The first budget period will be the
United States Proposal of 2008-2012. The parties rejected proposals favoured by
others, including budget periods beginning as early as 2003 that were neither
realistic nor achievable.226
Having a full decade before the start of the binding period will allow more time
for the United States companies to make the transition to greater energy efficiency
and for lower carbon technologies.
The United States prevailed in securing acceptance of emission-trading
among nations with emission targets. This free market approach pioneered in the
US will allow countries to seek out the cheapest emissions reductions, substantially
lowering cost for the United States and others.
Under an emissions-trading regime, countries or companies can purchase
less expensive emissions permit from countries that have more permits than they
need (because they have met their targets with room to spare).
The inclusion of emissions trade in the Kyoto Protocol reflects important
decisions to address climate change through the flexibility market mechanisms.
Articles 10 and 11 of the Protocol concern in particular developing countries.
Their emissions are not limited, but they should formulate, where relevant, cost-

223
Kiss, A. supra p. 323
224
Kyoto Protocol on Climate Change (January 15, 1998) (on line) http: 11 www. State.gov (assessed June 3,
2002).
225
Atsegbua, L and Akpotaire V, op.cit p. 101.
226
Ibid.

57
effective national and where appropriate, regional programmes and to improve the
quality of local emission, factors, formulate, implement, publish and regularly update
national or regional programs to mitigate climate change, taking into account all
relevant economic activities. Cooperation with developing countries shall include the
transfer of, or access to, environmentally- sound technologies, know-how, practices
and processes pertinent to climate change as well as capacity building. Article II
foresees that new and additional financial resources should be provided to meet the
agreed full cost incurred by developing countries parties in advancing the
implementation of existing commitments.
In order for the Protocol to enter into force, it requires the ratification,
acceptance, approval or accession of at least fifty-five parties to the Convention,
which must include Annex I parties which must account for at least 55 percent 227 of
the total carbon dioxide emissions of Annex I parties in 1990. The refusal of the
world’s largest greenhouse gas emitter, the U.S., to ratify the protocol made the
participation by other Annex I parties with significant emissions, such as Japan, the
European community and Russia, essential, for the Protocol to come into force.
Japan, the European Community and Canada recently ratified the Protocol, bringing
the number of parties to 100. 228 Cameroon229 did same on 28 August 2002. In
September 2002, at the World Summit on Sustainable Development held in
Johannesburg, Russia pledged that it would ratify the Protocol in the near future
making likely its entry into force in 2003 or 2004. This had made a number of
countries (Cameroon inclusive) to introduce domestic laws and policies to reflect
their international commitments with regard to climate change. 230

1.1.4.4 Achievements of the Kyoto Protocol

The main achievements of the Kyoto Protocol was the commitment of Annex I
parties to quantify emission-reduction targets and a timetable for their achievement.
The basic obligation accepted by Annex I parties is set out, in Article 3(1). It provides
that Annex I parties shall, individually or jointly, ensure that their aggregate

227
Article 25 of the Protocol
228
Sands, P. op.cit p. 376
229
Available at http//treaties.un.org(pages)new details
230
Ako, A. op cit, p. 102.

58
anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed
in Annex A do not exceed their assigned amounts. 231
The “assigned amounts” are calculated pursuant to each party’s quantified
emissions limitation and reduction commitment set out in Annex B. Annex I parties
must implement their obligation under Article 3(1) “with a view to reducing their
overall emissions of [Annex A] gasses by at least 5 percent below 1990 levels in the
commitment period 2008-2012”. This is estimated to represent an actual reduction of
about 30 percent over “business as usual” emission levels.

1.1. 4.5 Some Advantages of the Protocol

By far the most innovative (and controversial) aspect of the Kyoto Protocol
negotiations was the proposal to enable Annex I parties to meet their commitments
under the Protocol by purchasing or acquiring credits representing greenhouse gas
reduction in other countries. Emissions trading permits an Annex B party to “buy”
emissions reduction credits, in the form of assigned amounts units or AAUs, from
another Annex B party where it would be more cost-effective for it to do so rather
than to undertake the reduction domestically. The inclusion of emissions trading in
the Protocol was strongly supported by the United States, which has domestic
experience with similar schemes (although in more discrete areas such as sulphur
dioxide emissions)232 and advocated their adoption internationally as cost-effective
means of achieving reductions of emissions in greenhouse gases. However,
emissions trading was strongly opposed by many parties particularly China, and the
Group of 77 developing countries.233
- The inclusion of carbon sinks within the protocol remained controversial up to the
final stage of the negotiations. Some countries, particularly the United States, and
Australia were strongly in favour of allowing activities which resulted in carbon
sequestration ( for example, afforestation, reafforestation and land use changes) to
count towards their quantified commitments. The inclusion of carbon sinks was
strongly opposed by other countries, particularly the members of the European
Union. The final text adopted in Article 3 (3) allowed for commitments to be met by
“net changes in greenhouse gas emissions by sources and removals by sink

231
The gases covered by the Protocol are Carbon dioxide, Methane, Nitrous oxide, Hydrofluorocarbons,
Perfluorocabons and Sulphur hexafluoride
232
For example, its Sulphur dioxide emissions trading scheme under title IV of the Clean Air Act, 42 USC 7651
233
Sands, P. op.cit p. 373.

59
resulting from direct human-induced land use change and forestry activities, limited
to afforestation, re-afforestation, reforestation and deforestation since 1990,
measured as veritable changes in carbon sinks in each commitment period”.

1. 1. 4.6 Problems of the Kyoto Protocol

Given the economic and developmental implications, it is not surprising that
the Kyoto Protocol negotiations were among the most difficult and complex ever
conducted for a multilateral environmental agreement. Deep divisions between the
parties emerged in relation to a range of key issues, such as emissions reduction
targets, sinks, emissions trading, joint implementation and the treatment of
developing countries. Although consensus was reached at Kyoto, subsequent
negotiations on the detailed rules, guidelines and methodologies needed to
implement the Protocol have proved equally contentious as the original negotiations
for the Protocol. In early 2001, the future of the Protocol was thrown into disarray
with the announcement by President George W. Bush that the United States
(responsible for about a quarter of 1990 global greenhouse gas emissions) would
not ratify the protocol.234 Nevertheless, at the resumed session of the Sixth
Conference of the Parties, held in Bonn in July 2001, the remaining states parties
reached an agreement on mechanisms for implementation commitments under the
protocol. The “Bonn Agreements” were not drafted as a legal text, but, at a political
level, reflected an important breakthrough on many of the critical negotiating issues,
and a clear signal that the world community was prepared to go ahead with the
Kyoto Protocol, even without United States’ support. 235 It remained for the political
agreement in Bonn to be converted into a legal text, which was the task of the
Seventh Conference of the parties held in November 2001. The parties were able to
incorporate almost all of the deals made in Bonn into the legal text of “Marrakech
Accords”,236 a series of decision concerning the implementation of the Kyoto
Protocol which pave the way for its entry into force. 237 With the announcement of

234
See Transcript, Bush press conference at White House, 29 March 2001, available at
http://usinfo.state.gove/jopical/global/environ/climate/o/032904htm.
235
The Bonn Agreements on the implementation of the “Buenos Aires plan of Action,” Decision 5/cp-6, Report
of the conference of the parties on the second part of its sixth session Bonn, 16-24 July 2001, FCCC/CP/2001/5,
36-49.
236
. Marrakech is a town found in the Kingdom of Morocco
237
. See Report of the conference of the parties on its seventh session, Marrakech, 29 October -10 November
2001, FCCC/CP/2001/13.The decision of the seventh Conference of the Parties which make up the Accords are
in four volumes: FCCC/CP/2001/13/Add.I-Add.4.

60
Japan and Russia at the World Summit on Sustainable Development (WSSD) in
September 2002 that they would ratify the Protocol, its entry into force during 2003
or 2004 seemed likely.
Furthermore, in spite of the insistence of the U.S. delegation, developing
countries did not accept any obligation to reduce their emissions of greenhouse
gases, which would have been necessary to satisfy the US private sector demand
for the rapid creation of a pollution-trading market. European countries stressed the
need for industrialised countries to reduce their emission within the limits of their
jurisdiction, while the developing countries asked for the transfer of clean
technologies. In the end, the 161 countries present adopted an action plan listing
issues for future discussion including the elaboration of rules on emission- trading,
the Clean Development Mechanism (CDM) and joint implementation.
The most important controversy at COP-V was over whether or not there
should be an absolute cap to the use of emissions-trading, joint implementation and
the Clean Development Mechanism to fulfil Kyoto commitments, thus keeping the
pressure on states to reduce national emissions.
Lastly, following the adoption of the Protocol, negotiations continued on the
subsidiary rules guidelines and methodologies called for by the protocol text. A
number of issues reflected divisions between states. Some of these covered matters
relating to the implementation of commitments under the convention, particularly
those relating to financing, capacity-building, adaptation and transfer of technology.
Other matters related to the protocol, such as carbon sinks, rules for emissions
trading and penalties for non-compliance with commitments. These are addressed in
the “Marrakech Accords” agreed at the seventh conference of the parties in
November 2001.238 The 218-page Marrakech Accords translate the Bonn
Agreements into a legal text of some complexity, suggesting “more possibilities for
hidden meanings, ambiguities” and “agreements to disagree” than the almost 30
pages of the Kyoto Protocol.239

1.1.4.7 Reasons and Impact of USA withdrawal from the Protocol

238
The Marrakech Accords are reproduced in four volumes of the Report of the seventh Conferences of the
Parties, FCCC/cp/2001/13/Add.1-Add.4. A useful summary of the Kyoto Protocol provision as supplemented by
the Marrakech Accords has been produced by the Climate Change Secretariat, A Guide to the Climate Change
Convention and its Kyoto Protocol (2002), at http:/I unfacc-int/resource/guide convkp.pdf.
239
Ibid.

61
 The United States policy on global climate change has itself changed
significantly. Voluntary measures to stabilise carbon dioxide emissions by the year
2000 were first developed by President Bush’s (Senior) Administration as it entered
the 1992 Framework Convention on Climate Change. 240 The Bush Administration’s
“no regrets” early action policy laid the foundation for President Clinton’s 1993
Climate Change Action Plan. The Clinton Administration actively participated in
negotiations for the existing international agreements, serving as a principal architect
of the emissions trading scheme, a major innovation of the Kyoto Protocol. The
relatively positive views of the Clinton Administration encountered considerable
hostility in the Congress. A July 1997 Senate Resolution 241 sought to restrict the
administration’s policy choices towards climate change agreements. The US Senate
passed the so-called Byrd-Hagel Resolution, expressing disagreement with the
approach that developed countries with the largest share of greenhouse gases (GHG)
emissions should take the first steps to reduce such emissions. Congressional and
other opponents not only opposed the absence of commitments by developing
countries but also argued that:
1. Insufficient evidence exists to prove the existence of effects of anthropogenic
global warming;
2. Carbon emissions in the United States are rising less rapidly than the GDP,
and
3. Reducing carbon emissions will hurt the US economy. During the 2000
presidential election, candidate George W. Bush spoke in favour of action to
curb greenhouse gases, but at the election he formally announced in March
2001 that the United States would not proceed to the ratification of the, Kyoto

240
For a critique of the environmental benefits of voluntary emissions trading, Toshiyuki, D.R et al, pollution
trading And Environmental injustice. Los Angeles Failed Experiment In Air Quality policy, 9 Duke
Environmental Law and policy F231 (1999) (pollution trading makes for ineffective air quality policy in at least
four ways: 1) It does not significantly reduce air pollution, 2). It does not spur technological innovation; 3) it
decreases public participation in environmental decision making; and 4) it increases the difficulty of monitoring
and enforcing emission reductions)
241
See S. Res. 98 105th Congress, 143 CONG. REC. S.8138 (1997) (adopted by vote of 95-0)The resolution
specifies that “the United States should not be signatory to any Protocol to, or other agreement regarding, the
United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December
1997, or there after, which would … mandate new commitments to limit or reduce greenhouse gas emissions for
the Annex I parties [to the convention, consisting of industrialised states], unless the Protocol or other
agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emission for
Developing Country Parties within the same compliance period”

62
 Protocol and therefore will withdraw, calling it “fatally flawed” and harmful to
the US economy.242
In the absence of ratification, the treaty is not considered legally binding. President
W. Bush suggested in his June11, 2001 remarks that instead of committing to the
Kyoto Protocol standards, the United States will combat global warming in other
ways. In a climate change review issued the same day, he listed the development of
energy-efficient technologies, and market-based incentives to encourage industries to
reduce greenhouse gas emissions on their own and conservation programmes that
help sequester carbon in the soil, as actions the United States would take. 243 The
reason for the United States, rejection of the Kyoto Agreement is because it is not to
their benefit; as it will mean cutting down industrialisation and the employment sector
would be affected adversely.
A senior official, Christie Todd Whitman,244 said the United States would
remain engaged with the issue. She said further that, the United States would not
implement it. She told the journalist that the global climate change issue is something
that is not going to go.245
Initially, the United States withdrawal from the Kyoto Protocol was considered
its death knell. The Agreement can only enter into force internationally if it is ratified
by at least 55 percent of the total carbon dioxide emissions in 1990. Given that the
United States alone was responsible for about twenty-five percent of the 1990 carbon
dioxide emissions, experts predicted that without the participation of the United
States: The Kyoto Protocol would never be implemented 246
However, in July 2001, the European Union, Japan, Canada, Russia, Australia
and one hundred and seventy other nations reached an agreement to proceed with
the Treaty. In order to secure the support of highly industrialised nations, the
European Union was forced to make substantial concessions. The targets for
emissions reduction were reduced by two-thirds from the original goals, and countries

242
See cooler Heads on Kyoto, N.Y. Times, June 12, 2001 at A18 (commenting that one study estimates that
implementing the Kyoto Protocol would cost the United States $400 billion in lost productivity over the next
decade); press Release, White House, President Bush Announces Clear Skies & Global Climate Change
Initiative (Feb. 14, 2002) (announcing a new plan for climate change mitigation, which would involve
transferable emissions credits and emission reductions tied to GDP), available at ,http:whitehouse.htm/..
243
Global Warming and the Kyoto Protocol, July 2001 (on
line)http://www.washingtonpost.com/wp-dyn/articles/A 19468/assessed June 3, 2002).
244
She is the head of the United States Environmental Protection Agency
245
Kirby Alex. BBC, News Online’s Environment Correspondent 28th March 2001 (on line)
http//:www.bbc.com (accessed June 3, 2002)
246
US Department of state on line) http://usinfo.state.gov/admin(accessed May 5, 2002).

63
were given the option of planting carbon absorbing forests to earn pollution credits, in
lieu of reducing emissions.247 Those who see Kyoto as an essential first step in
confronting climate change say it should be ratified as soon as possible and certainly
not later than the 2002 World Summit on Sustainable Development to be held in
Johannesburg.
The fundamental objection of the United States to the Protocol concerns the
concentration on emissions from industrialised countries and its refusal at this stage
seeks to limit pollution from developing nations. Kyoto’s supporters say this is entirely
fair, because they argue that the problem has been caused by the rich world’s
profligate use of coal, oil and gas. But the US and some other countries point out that
the emissions of rapidly developing countries like India and China would soon be set
to match theirs. They believe every country should be asked to share the burden now.
If the treaty were amended to do that, the Bush administration objections would
probably fade away.
However, the European Union and other nations continued to pressurize Bush
to adopt the Kyoto Protocol. The Senate Foreign Relation Committee passed a
unanimous resolution calling for him, either to sign on to a revised version of the
Kyoto Protocol or develop a new international agreement for reducing greenhouse
gases.248

1.1. 4.8 Some Criticisms of the Kyoto Protocol

The Kyoto Protocol is not a negligible achievement, nor is it incapable of
development in stronger and more universal terms, 249 but real reductions in
greenhouse gas emissions will depend on the willingness of Annex I States to ratify
and implement that agreement, on long-term trends for energy-efficient economic
growth in the major developing countries, and on success in deterring and remedying
non-compliance. Nor should the continued influence of scientific research be
forgotten; the evolution of emissions-targets and other controls on climate change is
driven by the combination of politics, science, and institutions. But the Kyoto Protocol
cannot enter into force unless at least fifty-five States ratify it, including Annex I
parties whose aggregate Carbon dioxide (Co 2) emissions amount to at least 55
percent of the total. Given its overwhelming and increasing contribution to global CO 2
247
Article 10 of the protocol.
248
Atsegbua, L and Akpotaire, V. op cit p. 299
249
Ibid.

64
emissions, such a high threshold for entry into force gives the USA a near veto. As it
stands, following the unsuccessful sixth meeting of the parties in 2000, the
subsequent announcement that the USA will not ratify the Kyoto Protocol, and its
abandonment of energy efficiency policies, the climate change regime seems unlikely
to avert adverse changes in the world’s climate, with consequential effects for all
states. The United States’ rejection of the Kyoto Protocol is indeed a setback to
environmental protection. She argues that being the main producer of about 25
percent of global emissions of carbon dioxide is not unreasonable, because they
produce more wealth than any other country.
The benefits from the Kyoto Protocol are likely to be modest. Critics of the
Protocol focus on the fact that it levied restriction only on the developed nations of the
world and not on developing countries like China, India, and Brazil. 250 The reduction
developed nations were required to achieve, were expected to be outweighed by the
increase in developing nations’ emission by 2012. There were also disagreements
over whether a country was allowed to established carbon sinks instead of reducing
emissions or whether emissions reduction was an absolute requirement, whether a
country would claim credit if it helped a developing country reduce emissions which
land use changes counted as establishment of a Carbon sink and how to enforce the
Protocol and penalise non-compliant countries. The Kyoto Protocol to the United
Nations Framework Convention on Climate Change (UNFCCC) contains in Article 3
Para 3 of the protocol, that biological sources and sinks shall also be used to meet
commitments in the commitment period 2008-2012, but limits these sources and
sinks as yet to such afforestation, reforestation and deforestation that took place
since 1990.
The German Advisory Council on Global Change (WGBU) considers the form
in which land use change and forestry activities under the protocol to be adequate
needs to be improved. In line with Article 5, the WGBU criticised that the guidelines
for national greenhouse gas inventories are not suited to form a legal basis for the
accounting of biological sources and sinks as they do not place adequate minimum
requirement upon the recording of all relevant processes. Also that Article 6, which
regulates joint-implementation of measures among industrialised countries, could
make it possible to offset emissions against sinks in other industrialised countries that

250
Bodansky, op cit p. 425.

65
would be prohibited domestically by Article 3 Para 3. The same risk and
imponderables was said to also result from emissions trading in Article 17.
Article 12 was also criticised by the WGBU that industrialised countries may
also claim credit against domestic emissions for afforestation projects carried out in
developed countries. That it would give an incentive to clear cut primary forest, in so
far as the emissions caused by clear-cutting are not accounted to either country.
Global emissions will therefore continue to rise. On one calculation, the effect of the
Protocol, in the period 2008-2012 will be, at best, a reduction in global emissions of
two percent.251 Thus, as one author has put it: “the Kyoto targets simply reflect what
was politically feasible at the time and not what is appropriate from an ecological
standpoint.”252 This paints a rather bleak picture. It demonstrates, of course, that the
Kyoto protocol will not deliver the measures necessary to reduce the global
temperature. Doing this would require much stronger commitments to reduce
greenhouse gas emissions. It would also require these commitments to be made by
the developing world. Such commitments may never be forthcoming. That being so,
an alternative approach may be required, involving measures designed to help the
world cope with a rise in temperature. This approach may imply securing economic
growth in developing countries, so as to equip them with the resources and
infrastructure necessary to manage global warming. As we have noted, it is these
countries that are likely to experience its adverse effects the most.

1.1. 5 The Basel Convention

1. 1.5.1 Origin
The discovery of the vast illicit trade of dangerous waste in 1987 between
Europe and Africa attracted the attention of the world in general and the consciences
of the developing countries in particular. 253 This trade and its dangerous effects had
been denounced in the 80s by François Roclants du Viver.254 This wide international
commerce in dangerous waste which turned the receiving country into a “dust bin”
(pays poubelles)255 came from the industrialised countries and to be dumped into

251
See : http://www.dti.gov.uk/energy/whitepaper/ourenergyfuture.pdf.
252
Banret, S. (1998) “Political Review of the Kyoto Protocol.”  14 Oxford Review of Economic Policy 4, p. 20.
253
Hackett, D.P. (1990) “An Assessment of the Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and their Disposal” 5 America University Journal of International Law and Policy p. 295.
254
He is a member of Belge de l’Entente Européenne pour l’environnement. For more on this see Tolba, M .K
(1984) “ Développer sans détruire ”, Dakar, ENDA, P. 52
255
Témoignage chrétien du 28 aout 1988.

66
developing countries. Before Nigeria, took the sole initiative to inform the other
members of the OAU256 and the rest of the world, it was discovered that a contract
had already been signed between Benin, Guinea Bissau, Sierra Leone, Congo and
some multinational companies to transfer industrial waste to Africa. 257 Furthermore,
the gain or profit made when hazardous waste is treated or transported to Africa is
higher than doing it in the various industrialised countries. For instance, in
industrialised countries, between 2.5 and 40 dollars is paid for a ton of hazardous
waste transported to Africa against 7.5 to 300 dollars to be handled in their own
countries. Whereas the treatment of a ton of hazardous waste in the USA, Europe
and Japan cost about 2400 dollars at that time (epoch) while the total cost of the
exportation of the same ton came down to 40 dollars in Guinea-Bissau,37 dollars in
Congo,12 dollars in Guinea (Conakry), 2.5 dollars in Benin. 258 The profit Africa “the
importer” made from this waste was derisory. This follows several notorious incidents
which occurred in the mid-1980s involving the unlawful dumping in developing
countries of hazardous waste produced in industrialised countries. 259
Among the tensions between different members of the international community
one stood out in particular: the desire of many developing countries particularly in
Africa, to ban international trade in waste, and the opposition to such an approach by
many industrialised countries wanting to keep open their waste disposal options. As a
result, various international legal arrangements were adopted in a two-year period,
each of which established rules and definitions prior to the adoption of these
agreements, the issue had been addressed by binding and non-binding “acts of
various international organisations including the EC, the OECD 260 and the UN”.261
International trade in waste has also been addressed by UN bodies as a human right

256
Now African Union (AU).
257
See Tchivounda, G.P. (1988) «  l’Interdiction de déverser des déchets toxiques dans le Tiers monde : le case
d’L’Afrique » A. F.D.I., P. 709
258
Ibid.
259
The International Trade in waste: A Green Peace Inventory (1988, 3rd Ed); Illegal Traffic in Toxic and
Dangerous Products and Wastes: Report of the Secretary General to the UN General Assembly, UN Doc.
A/44/362 (1989).
260
See e.g. OECD Council Decision/Recommendation, Transboundry Movements of Hazardous Waste, OECD
C (83) 180 Final, I February 1984; OECD Council Resolution International Co-operation concerning Trans-
border movements of Hazardous Waste, OECD C(85) 100, 20 June 1985; OECD Council
Decision/Recommendation, Exports of Hazardous Waste from the OECD area, OECD C (86) 64 Final, 5 June
1986; OECD Council Decision, Trans-border movements of Hazardous wastes OECD C(88) 90 Final, 27 May
1988; OECD Council Decision, the control of Trans-border movement of wastes Destined for Recovery
Operation, OECD C(92) 30 Final, 30 March 1992; OECD Council Decision, Document for Transborder
Movements of Waste, OECD C(94) 154 Final, 28 July 1994.
261
UNGA Res. 42/183 (1987); UNGA Res. 44/226 (1989).

67
issue.262 International law on waste has focused primarily on the permissibility of
international movement and trade in waste. Transboundary movements of hazardous
and other waste are now regulated by regional or global treaties each of which
establishes different, rules: the 1989 Basel Convention and the 1991 Bamako
Convention263
The transport of hazardous wastes from developed countries to developing
countries, which acquired the title “Garbage Imperialism”, led at least thirty-nine
States to adopt and implement national and international law entirely prohibiting the
importation into or transhipment through their territories of all foreign wastes. 264 In
addition, by the end of the 1980s, general opposition to trans-boundary movements of
hazardous wastes led to international regulation, first at a global level, then regional.
At the global level, UNEP first developed the Cairo Guidelines and principles
for the Environmentally-Sound Management of Hazardous Wastes, adopted by the
Governing Council. The Guidelines aimed to assist states in preparing appropriate
bilateral, regional and multilateral agreements and national legislation for the
environmentally-sound management of hazardous wastes. They were followed by the
Basel Convention on the Control of trans-boundary Movements of Hazardous Wastes
and their Disposal adopted on March 22, 1989 by 116 States. This instrument
establishes global framework for international regulations.

1.1. 5.2 Objectives of the Convention

- The 1989 Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal (1989 Basel Convention) is intended to establish a
global regime for the control of international trade in hazardous and other wastes. 265
- A second objective is to make the movement of hazardous wastes so costly and
difficult that industries will find it more profitable to cut down on waste production.

262
See Commission on Human Rights Res. E/UN.4/RES/1999/23on the adverse effects of the illicit movement
and dumping of toxic and dangerous products and waste on the enjoyment of human rights.
263
Several other regional agreements have been adopted but are not yet in force: 1995 Waigani Convention to
ban the importation into Forum Island Countries of Hazardous Radio activity waste and to control
transboundary movement and management of Hazardous waste within the South Pacific Region, Waigani, 16
September 1995, in force 21 October 2001, www.basel.int/misclinks/waigani.htm, (The 1996 Izmir Protocol on
the prevention of pollution of the Mediterranean Sea by Transboundary movements of Hazardous Wastes and
their disposal, Izmir, 1 October 1996, not yet in force, www.unepmap.gr/pdf/hazardous.pdf. and the 1998
Protocol on the control of Marine Transboundary Movements and Disposal of Hazardous Wastes and other
wastes to the Kuwait Regional Convention for Co-operation on the protection of the Marine Environment from
pollution, Kuwait, not yet in force.
264
Atesegbua, L & Akpotaire, V. op.cit p. 1999.
265
Ibid.

68
- The primary obligation imposed by the Basel Convention is to manage the
transboundary movement of waste in an environmentally-sound manner.
The main objectives of the Basel Convention are therefore to reduce the generation
of hazardous wastes, to control and minimize transboundary movements of
hazardous wastes by promoting their treatment and disposal to take place as close as
possible to the source of generation; to prevent illegal movements of hazardous
wastes and promote their environmentally-sound management. These objectives may
be grouped into two principal categories which are:
a) Control and reduction of transboundary movement of hazardous wastes;
b) Promotion of environmentally sound management of hazardous wastes.
As implied in the above, one of the aims of the convention is to serve as a catalyst to
sensitize the international community to the risk posed by hazardous wastes and thus
mobilised the community for the necessary action to deal with those risks.
1.1. 5.3 Contexts
The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal (The Basel Convention) was adopted
unanimously on 22 March 1989 by 116 States 266 participating in the Conference of
plenipentiaries convened by UNEP. The convention was a draft treaty prepared by an
adhoc working group of legal and technical experts of the UNEP. The Governing
Council of UNEP Mandated the group in 1987 to prepare a global treaty to govern
world movement of hazardous wastes.
In 1989, an international convention on the control of the transboundary
movement of hazardous wastes and their disposal agreed on a draft covenant and
adopted it at Basel. This is now referred to as the Basel Convention on the Control of
Transboundary Movement of Hazardous Waste and their Disposal. The Basel
Convention was to protect by strict legal control, human health and environment
against adverse effects, which may result from generation and management of
hazardous waste.267 The Convention entered into force on the 5 th of May 1992.268 As
of May 1999, the Basel Convention has been ratified by 121 states including the

266
States that have adopted such prohibitions include, Algeria, Barbados, Belize, Benin, Burundi, Comoros,
Congo, Dominion Republic, Gabon, Gambia, Ghana, Guatemala, Guinea Bissau, Guyana, Haiti, Indonesia,
Ivory Coast, Jamaica, Kenya, Liberia, Libya, Niger, Nigeria, Peru, Philippines, Saint Lucia, Senegal, Sierra
Leone, Solomon Island, Tanzania, Togo, Trinidad and Tobago, Turkey, Vanuatu, Venezuela, Yugoslavia,
Zambia, and Zimbabwe.
267
Decision 14/30, June 17, 1987.
268
Basel, 22nd March 1989, in force 24 May 1989, 28 ILM 657 (1989); 155 States and the EC are party.

69
European Economic Community (EEC). 269 The Basel Convention contains a
framework method of identification, notification and control of transboundary
movements of hazardous wastes. The Convention defines “wastes” as substances or
objects which are disposed of or are intended to be disposed of or are required to be
disposed of by the provisions of national law. 270 The hazardous character of wastes is
defined by combined approaches of Annexes I, II and III. Annex I lists categories of
wastes to be controlled in accordance with their nature (for instance, chemical wastes
from medical care in hospital, and wastes from different products such as
pharmaceuticals, or biocides, organic solvents). Annex II contains two categories of
waste that require special consideration; wastes collected from households and
residues arising from the incineration of households wastes. Annex III adds to the list
of hazardous characteristic of wastes, such as explosive, flammable, oxidizing,
poisonous, infectious, corrosive, toxic and eco-toxic. This combined method is now
increasingly used in international regulation, since the simple listing of polluting
substance is inadequate.271
The Convention establishes rules designed to regulate trade in these wastes
rather than prohibit it. It sets forth general obligations requiring all parties to ensure
that transboundary movements of wastes are reduced to the minimum consistent with
environmentally sound and efficient management, and it reflects an approach
premised upon the view that waste should, as far as possible, be disposed of in the
state where they were generated, this has come to be known as the “proximity
principle”. The Convention has attracted broad support although there is a consensus
among commentators that, although “far from providing a perfect solution to the
problem of transboundary movements of hazardous wastes, it does address most of
the relevant issues” and is therefore “a step in the right direction” as Kummer 272
posits.

269
Kaniaru, D & Mrema, E (1999) “Enforcement of and Compliance with MEAS: The Experience of CITES,
Montreal Protocol and Basel Convention.” Vol. I, UNEP Nairobi, Printed by UNON Print shop, p. 53.
270
Eguh, E.C. (1997) “Regulation of Transboundary Movement of Hazardous Wastes: lessons from Koko”. 9
RADIC, 130 p. 141. See also Liu, S.F (1991) “The koko Incident: Developing International Norms for the
Transboundary movement of Hazardous Wastes’’. Journal of Natural Resources and Environmental law, vol. 8
p. 121. see also Usman, A. K (2003) ‘‘Towards a pristine Environmental legacy: The imperative of Effective
legal Regulation of Transboundary Movement of Hazardous Materials” in Badaiki, A ed, landmarks in legal
development, Lagos Mobility press Ltd p. 75.
271
UNEP/UNITAR/UWCHS, Training Programme in Environmental Law and Policy (1995) vol. 2 in Nairobi
27 March -13 April 1995 p. 277.
272
Kaniaru, D & Mrema, E. op.cit p.53.

70
 Article 4 sets forth general obligations to minimise waste generation and its
transboundary movements, and ensure its environmentally sound management. The
parties must not allow exports to parties which have prohibited by legislation all
imports, or where they have reason to believe that the wastes will not be managed in
an environmentally-sound manner, and are obliged to co-operate to improve and
achieve environmentally sound management of such wastes. 273 Parties may prohibit
the import of such wastes and must consent in writing to any specific imports which
they have not prohibited.274 Parties must provide information on proposed
transboundary movements of hazardous and other wastes to the states concerned,
and prevent imports if they have reason to believe that the imports will not be
managed in an environmentally-sound manner. 275 In order to encourage States to
become parties to the Convention, wastes may not be exported to or imported from a
non-party, and they cannot be exported for disposal to the Antarctic area. 276 Traffic
which contravenes notification or consent requirements, or fails to conform to its
documentation, or results in deliberate disposal in contravention of the Convention
and General Principles of International Law, will be illegal and considered to be
criminal.277
The Convention discourages exports of hazardous and other wastes, which
should only be allowed if the exporting state does not have the capacity, facilities or
suitable sites to dispose of them in an environmentally-sound or efficient manner
itself, or if the wastes are required as raw material for recycling or recovery in the
importing state, or in accordance with other criteria decided by the parties. 278 To this
end, the Basel Convention is based on a philosophy of minimising the generation of
hazardous waste and promoting disposal at source.
Moreover, parties may not transfer to importing or transit states their obligation
under the Convention to carry out environmentally-sound management, and can
impose additional requirements consistent with the Convention to better protect
human health and the environment. 279 The transport and disposal of hazardous and

273
Article 2(1) of the Convention.
274
Kiss, A, op .cit p. 337.
275
Kummer, K(1992) ‘The International Regulation of Transboundary Traffic in Hazardous Wastes: the 1989
Basel Convention”; 41 ICLQ 530 p. 560.
276
Article 4 (2) (d), (e) and (h) and 10. The criteria for environmentally sound management is to be decided by
the first conference of the parties: Art. 4(8).
277
Article 4(1) (a) and (c)
278
Article 4 (2) (f) and (g)
279
Article 4 (5) and (6)

71
other wastes may only be carried out by authorised persons, and transboundary
movements must confirm with generally accepted and recognised international rules
and standards of packaging labelling and transport, and take account of relevant
internationally recognised practices and be accompanied by a movement document
until disposal.280
The Convention sets forth detailed conditions for the international regulation of
transboundary movements of hazardous and other wastes between parties based
upon a system of “prior informed consent”. The exporting state, generator or exporter
must notify the states concerned of any proposed trans-boundary movement,
including the information specified in Annex V (A). 281 The importing state responds by
giving its consent with or without conditions, denying permission, or requiring
additional information and no transboundary movement may commence until the
exporting state has received the written consent of the importing state and
confirmation from that state of the existence of a contract between the exporter and
the disposer specifying environmentally-sound management of the wastes. 282
Transit states can prohibit transit passage, and the exporting state must not
allow transboundary movement to commence until it has the written consent of the
transit-state.283 When a transboundary movement cannot be completed in accordance
with the terms of the contract, the exporting state must take back the wastes if
alternative arrangements cannot be made for their disposal in an environmentally
sound manner.284
Parties can enter into bilateral, multilateral or regional arrangements regarding
transboundary movements of wastes provided that they do not derogate from the
requirements of the Convention and provided they stipulate provisions which are not
less environmentally sound than the Convention. 285 The Convention will not affect
transboundary movements taking place entirely among the parties to such
agreements, which must be notified to the Secretariat, provided that they are
compatible with the requirements of the Convention. 286 The parties are subject to
detailed reporting requirements, and the Convention provides for consultations on

280
Article 4(3) and (9)
281
Article 4(9)
282
Article 4 (10) and (11)
283
Article 4(7)
284
Article 6(4)
285
Article 6(6) to (8)
286
Article 6(11)

72
liability to be held as soon as possible. 287 The Convention is kept under review by a
conference of the parties and a secretariat. 288

1.1.5.4 Achievements of the Convention

In the absence of a wider consensus among exporting and importing states, it
cannot be said that a policy of ending all trade in hazardous wastes has prevailed at a
global level, nor that all wastes exports to developing countries are illegal. What has
been achieved is a compromise which places three important and far-reaching
restrictions on this trade. First, as the 1991 Africa Convention indicates, it is clear that
all states have the sovereign right to ban imports individually or regionally and that
this right is recognised in the Basel Convention and by OECD states. 289 The Basel
Convention further strengthens this right to prohibit trade in wastes by providing for
import bans to be notified to other parties through the Secretariats; no state may then
permit transboundary movements of wastes to a party prohibiting their import for
disposal by non-parties permitted. 290 The African, South Pacific and Mediterranean
Conventions place additional emphasis on the use of clean production methods
“which avoid or eliminate the generation of hazardous wastes.” They represent the
strongest indication of the growing international emphasis on waste disposal at
source and the adoption of a precautionary approach to pollution. 291

1.1.5.5 Advantages of the Basel Convention

- The Basel Convention in its Section II, permits parties to conclude regional
agreements with other parties or non-parties, provided these agreements “do not
derogate from the environmentally-sound management of hazardous wastes and
other wastes as required by this Convention,” if they meet this standard, 292 and
comply with the notice requirements of Article II (2), developing state parties will be
able under such agreements to continue to import waste from non-party developed
287
Article 8
288
Article 11(1). Two such regional agreements or arrangement may fall within this provision: the 1991Bamako
Convention, and the1993 E.C. Regulation. see generally Crawford, J and Sands, p (1997) “The availability of
Article 11 Agreements in the context of the Basel Convention’s Export Ban on Recyclables” (international
council on metals and the environment, 1997)
289
Article 11(2)
290
Article 12 and 13.
291
Article 15 and 16. Five meetings of the Conference of the Parties have been held to date with a sixth meeting
scheduled for 9-13 December 2002 in Geneva.
292
Basel Convention, preamble, and Declaration annexed to the Final Act of Basel Conference, 1989, see also
OECD Decision C (83) 180, Preamble; African Convention Article 4(1). Some 107 States were reported to have
banned waste imports by 1995.

73
states, although many of them will be debarred from doing so under regional
agreements.
- Transboundary movement is permitted only in circumstances where the State of
export does not have the capacity or facilities to dispose of the wastes in an
environmentally-sound manner itself, unless intended for recycling. To this end, the
Basel Convention is based on a philosophy of minimizing the generation of hazardous
wastes and promoting disposal at source.
- The Basel and Regional Conventions demonstrate widespread agreement that
trade which does take place requires the prior informed consent of transit and import
states,293 that illegal trade must be prevented, that illegally-exported wastes should be
accepted for re-import by the state of origin, 294 and that conditions of management,
transport and ultimate disposal must be compatible with the protection of health, the
environment, and prevention of pollution. 295 Uniquely, the Basel convention is based
on a system of environmental responsibility shared among all states involved in each
transaction.
- The Convention states that, wastes may not be exported to or imported from a non-
party, and they cannot be exported for disposal to the Antarctic area. 296 Traffic which
contravenes notification or consent requirements, or fails to conform with its
documentation, or results in deliberate disposal in contravention of the Convention
and general principles of international law, will be “illegal and considered to be
criminal”.297
- If a transboundary movement cannot be completed in accordance with the terms of
the contract, the exporting state must take back the wastes if alternative
293
Article 4(1), 4(2) (C), 4 (5), 7, 11 and 13. See also OECD Decision c (73) 180, Principle 8; Decision c(86)
65, Para. 1, and African Convention, Article 4(3) (11).
294
Basel convention, preamble and Article 4(2) (a), (b), (D), 4(5), (9), Cairo Guidelines, principle 2; African
convention, preamble, and Article 1(5) and 4(4); south pacific convention, Article 4(4), Mediterranean protocol,
Article 5 and 6; OECD Recommendation C(76) 155, Annex, Para. 3; UNGA Res. 43/212 (1988), 19EPL (1989),
29; OECD Decision C (90) 178, and Recommendation C (90) 164.
295
It might be argued that a developing state which accepts the ban amendment thereby also accepts that it may
not meet the standard of environmentally sound management with regard to waste from OECD states and, if so,
that it will be in breach of its obligations under the convention if it accepts such import even if trade takes place
under an Article 11 agreement. See Grawford J. and Sands,P (1997) “The Availability of Article 11 Agreements
in the Context of the Basel Convention’s Export Ban on Recyclables”, ICME, Ontario , p. 22. See also Kummer,
J (1995) “International Management of Hazardous Wastes: The Basel Convention and Related legal Rules”,
Oxford printing press, Ch. 3 p. 106.
296
Basel Convention, Article 6; Pacific Convention, Article 4, 6 an 7; South Pacific Convention, Article 6;
Mediterranean Protocol, Article 6(3). See also OECD Decision P c(86) 64 Para. I; Council Regulation Com (90)
413 final; UNGA Res. 43/212 (1988) and Oslo Commission Recommendation 88/1.
297
Basel Convention, Article 9; African Convention, Article 9;South African Convention, Article 8 and 9;
Mediterranean Protocol, Article 7 and 9 see also OECD Decision C (83) 180, principle 9; UNGA Res. 43/212
(1988)

74
arrangements cannot be made for their disposal in an environmentally-sound
manner.298
- Parties to the Convention are free or can enter into bilateral, multilateral, or regional
agreements or arrangements regarding transboundary movements of wastes
provided that they do not derogate from the requirements of the Convention and
provided they stipulate provisions which are no less environmentally-sound than the
Convention.299
- Article 8 of the Convention states that, if the waste was smuggled into the territory
without the competent authority’s consent or consent was obtained by fraud, it can be
returned to the exporting country by the importing country.
- The Protocol on Liability and Compensation 300 adopted by the parties in 1999 shares
many of essential features of other ability treaties but differs in certain important
respects. It applies only to damage resulting from the transboundary movement and
disposal of waste. No single operator is liable at all stages, nor is the generator
always liable. Instead, generators, exporters, importers, and disposers are all
potentially liable at different stages of the wastes journey to its eventual destination.

1.1. 5:6 Weaknesses or Disadvantages

The Convention accepts the definition of wastes by various municipal laws not
as contained in its documents; “wastes are defined as or considered to be hazardous
by the domestic legislation of the party of export, import or transit”. The danger of
Article 1 above of the Convention is the fact that various States will now have different
definitions as to what constitutes waste in their territory or state. Some definitions
might be wider in nature than others depending on the level of technology
advancement. This waste might be useful in some countries while being unuseful in
others. This will make it difficult to apply the Convention’s definition. It is proposed
that there should be a uniform definition which will make the application or
enforcement of the Convention possible or hitch-free.
- The Rio Conference did not support a ban on waste trade with developing
countries. Nevertheless, Principle 14 called on all states to discourage or prevent
transboundary transfer of substances hazardous to health or the environment. In

298
Basel Convention, preamble and Article 4(2) (c), (d), (e), (9), 7, 8; African Convention, Article 4. see also
OECD Decision c(83) 180.
299
Article 4(5) and (6)
300
Article 4(3) and 9

75
1994,301developing countries, supported by Green Peace, 302 persuaded the Second
Conference of the Parties to the Basel Convention to agree to ban export from OECD
countries of hazardous waste destined for disposal or recycling in non-OECD
countries. This decision was formally incorporated in the Convention by amendment
the following year.303 The ban will apply only to an agreed list of hazardous waste, 304
but it makes no distinction between disposal of waste and recycling, nor does it
distinguish between developing states which posses’ adequate waste disposal or
recycling facilities and those which do not. The question is what happens to the
hazardous waste which is not included in this list. It would appear states can trade
with it and get away with it. So the Convention is not complete. This is a serious flaw
of the Convention. It does not follow that all trade in waste involving developing
countries is prohibited. However, under the Basel Convention, the African
Convention, and the South Pacific Convention, trade in waste among developing
state parties is not prohibited, nor is export from these states to developed states
parties.
- Trade in hazardous substances not intended for disposal, such as chemicals, is not
regulated by the Basel Convention, although the African Convention does apply
where substances have been banned, refused registration, or voluntarily withdrawn in
the country of manufacture for health and environmental reason.
- The Basel Convention is concerned only with substances which are disposed of or
intended for disposal. Despite the breath of this definition, in reality it covers only
households and hazardous wastes.305 What happens to other wastes which are not
covered by this convention? What are hazardous is only when listed in the
Convention’s Annexes, or if defined as such by national law and notified to the
Convention’s Secretariat.306

301
Birnie, P & Boyle A, op .cit p. 429.
302
Green Peace is an international NGO on environment.
303
Decision 11/12, Rept. of 2nd Cop, UNEP/CHW.3/35 (1995), inserting new preambular paragraph 7bis, new
Article 4A, and new Annex VIII. Only Russia expressly refused to accept the ban. The amendments had entered
into force at the time of writing, and only two states from Africa, Asia and the pacific had ratified them.
Comments made by governments at the time of adoption are recorded in UNEP/CHW.3/34 (1995), Para. 51. For
a survey of national reports on implementation of Decision 11/12 see UNEP/CHW.4 unf. 7 (1997). For back
ground see Kitt, 7 Geo. IELR (1995), 485.
304
See Decision IV/9, adding new annexes VIII and IX, Reporting of 4th Cop, UNEP/CHW.4/35 (1998).
305
Article 1, 2(1), Annexes 1 and 11.
306
Article 3 cf. the London Guidelines on Chemicals in International Trade, supra, n. 165, which do not more
than provide for the listing of chemicals banned or restricted by nationals laws, and the African Convention,
Article 2, which is broader than the Basel definition.

76
 Another major defect of the Basel Convention at the time of its adoption was
the absence of any agreement on principles of liability and compensation for damage
resulting from transboundary movements of wastes. Due to these weaknesses of the
Basel Convention a protocol was enacted by the parties to ameliorate the same.

1.1. 5.7 An Assessment of the Basel Convention

The most serious criticisms of the Basel Convention are that it legitimizes a
trade which cannot adequately be monitored or controlled, and leaves developing
Sates in the Third World vulnerable to unsafe disposal practices. 307 The adoption on
the ban of waste exports from OECD to non–OECD countries goes some way
towards addressing the second of these problems, even though it is not yet fully in
force. Moreover, the Convention leaves open the possibility of import bans on a
national or regional basis, and provides an effective mechanism for publicizing these
or other restrictions. The 1991 Convention indicates how regional measures to give
stronger protection to the Third World countries remain a viable option under the
Basel Convention. This is undoubtedly a more realistic means of safeguarding these
countries than a complete international ban on all trade in hazardous waste. 308
Developing countries remain particularly vulnerable to illegal waste, however.
This is probably the biggest problem plaguing the Basel Convention. 309 Indeed it is
sufficiently serious to be characterised by the UN Human Rights Commission as a
form of “environmental racism” and a serious threat to the human rights to life and
health in Africa and developing nations elsewhere. 310 The Commission acknowledges
that the 1995 Amendment Banning the Export of Hazardous Waste from OECD to
non-OECD countries should lead to a major reduction in such trade, but it points to
the difficulties faced by developing countries implementing the Convention effectively
within their territories, and the need for stronger action by developed states to prevent
illegal traffic. Fraud, corruption, the use of “shell companies,” all undermining efforts
to control the trade. The parties to the Basel Convention have also called for stronger

307
See Handl (1989) in “Canadian Council on International Law,” Proceedings of the 18th Annual Conference
p. 364
308
Ibid, p. 371.
309
Kummer, K. (1995) “International Management of Hazardous Wastes: The Basel Convention and Related
Legal Rules”. American University Journal of International Law and Policy p. 308.
310
Resolution 1997/79, UN Doc. E/CN.4/Res/1997/79(1997). The commission has appointed a special
rapporteur to investigate the issue. See UN Commission on Human Rights 57 th session, Rept. On Adverse
Effects of the illicit movement and dumping of Toxic and Dangerous products and Wastes on the enjoyment of
Human Rights, UN Doc. E/CN.4/ 2001/55 (2001).

77
measures to deal with illegal traffic, including appropriate sanctions or penalties and
co-operation through Interpol and the World Customs Organisation. 311
However, apart from seeking to assist developing countries to enhance their
capacity to control illegal trade, there is little the Convention organs can do about
illegal trade as Sanders et al affirm. 312 Jurisdiction over criminal activity remains a
matter for individual parties. When detected, illegal exports can be returned to the
state of export. This thus happen, but it is not always easy to identify the export state
nor is it necessarily practical to secure return of the waste. Although it gives export
states some incentive to control illegal traffic, the duty of re-import is not by itself
sufficient to ensure effective suppression. The law leaves us in limbo because the big
question is if this is not effective what else should be done. The Convention does not
provide for that, we therefore agree with Ikhide 313 when he posits that, the Basel
Convention therefore did not place an absolute ban on the international movement of
hazardous substances.
Other aspects of the Basel Convention also require consideration if it is to
succeed in reducing the risks of unregulated waste disposal. Although progress has
been made in defining in more detail what “environmentally-sound management”
consist of, the Convention’s implementation remains dependant on assumptions that
importing states have the expertise and technology required to handle this trade, if
they chose to do so, and that exporting-states are realistically in a position to assess
the capabilities of importers. A regime of share responsibility may be desirable, but it
is not clear that importing-states will necessarily have the strongest interest in
protecting themselves, nor that exporting-states will in practice do this for them. The
obvious risk is that both exporting and importing-states may take an essential
subjective view of what constitutes, “environmentally-sound management” and of the
risks involved in transboundary wastes movements. The argument that informed
public scrutiny is likely to be the most effective way of policing transboundary waste
movements is a cogent one,314 but this implies a level of transparency and public
access to decision-making which the Basel Convention does very little to require or

311
Decision IV/12, Rept. Of the 4th COP, UNEP/CHW.4/35 (1998).
312
Sanders, A, and Bowal, P (2001) “ International Trade in Hazardous Wastes and the Basel Convention” 11
Journal of Environmental Law and Practice p. 143
313
Ikhide, E, op cit p. 233.

Handl and Lutz, (1989) “The Basel Convention and Its Problems”, Harvard Law Journal of Environmental
314

Law, 30, ILJa p. 373.

78
promote,315 an omission also made more serious by the absence of any provision for
independent inspection, and the failure so far to agree on a non-compliance
procedure.316
The Convention does offer a model for regulating other problems of trans-
boundary trade, whether in hazardous chemicals or technologies, 317 and it affords
evidence of the development of customary principles which may govern these
activities. As we have seen, some of its main principles are already applied by
analogy to international trade chemicals. The Bhopal Chemical plant accident
indicates some of the legal complexities affecting trade in hazardous technology,
however, particularly in questions of liability and the obligations of importing states. 318
It remains uncertain how far states have yet recognised a shared responsibility in this
context, or whether the operation of multinational corporations can effectively be
regulated by international law. 319 Yet it is difficult to resist the conclusion that here too,
the principle of prior informed consent, and the assurance of environmentally sound
management, have an important place.

1.1.6 The Geneva Convention on Long Range Transboundary Air Pollution

1.1.6.1 Origin
The 1979 Long Range Trans-boundary Air Pollution (LRTP) Convention
established a regional framework against air pollution, and includes a general
obligation on parties to “endeavour to limit and, as far as possible, gradually reduce
and prevent air pollution including long range transboundary air pollution.” 320
Regional co-operation in the control of transboundary air pollution is strongest
in Europe, where the problem of acid rain is the most severe. Since 1975, the
Conference on Security and Co-operation in Europe has provided the necessary
political momentum for the adoption of a European policy on the control of air
pollution, and specific measures have been negotiated through the United Nations
315
C.f. Article, 10(4) and OECD’s Decision and Recommendation C(88) 55 concerning provision of
Information to the Public and Public Participation in Decision making processes related to prevention of and
response to accidents involving Hazardous Substances, 28/LM (1989),. 277, EC Directive 90/313/EEC on
Freedom of Access to Information on the Environment; 1991 Arhus Convention on Public Participation.
316
Decision V/16(1999) establishes a working group: see UNEP/CHW/2WG/1/3 and 4 and 2 (2000).
317
See Handle and Lutz (1989) “ Transferring Hazardous Technologies and Substances: The International
Legal challenge” (The Hague 1989)
318
See generally Muchlinski,P. 50MR (1987), 545; Anderson,F in Butter (ed)," Control over Compliance with
InternationalLaw” (Dordrecht, 1991), 83; Froncioni, in Froncioni and Scovazzi (1991)," International
Responsibility for Environmental Harm” Dordrecht, p, 275.
319
See Handl and Lutz Supra, p. 395 and also Charney, J. Duke Law Journal (1983) p. 748.
320
Article 2

79
Economic Commission for Europe.321 This led to the adoption of the Geneva
Convention on Long-Range Transboundary Air Pollution in 1979.
The Convention remains the only major regional multilateral agreement
devoted to the regulation and control of transboundary air pollution. It enables the
parties to treat the European Air Mass as a shared resource and the problem as one
requiring coordination of pollution control measures and common emission
standards.

1.1.6.2 Objectives
Its purpose is to prevent, reduce and control transboundary air pollution, both
from new and existing sources. Amelioration of a wide-range of potential,
environmental harm is thus the treaty’s basic objective.

1.1.6.3 Context
The treaty came into force in 1983, and now has almost forty northern
hemisphere parties in western and Eastern Europe including all the major polluter
states.322 As a framework treaty, it has for twenty years provided the bases for further
development and the elaboration of five regulatory protocols which have made it one
of the most successful of the older environmental regimes.
The Convention defines, “long-range transboundary air pollution” as pollution
having effects at such a distance that “it is not generally possible to distinguish the
contributions of individual emission sources or group of sources.” 323 Thus, it is not
aimed at (as) Trail smelter type cases, but at regional problems of acid rain and
other widely dispersed pollutants. Nor is it confined to effects harmful to health or
property.

1.1.6.4 Weaknesses of the Convention

The Convention is weaker than states that are net importers of pollutants
would have liked, but only through compromise of essential interest on both sides
could such widespread adherence by both groups have been achieved. No concrete
commitments to specific reductions in air pollution are contained in the treaty itself.

321
Conference on Security and Cooperation in Europe, Helsinki Final Act, 1975, 14 ILM (1975), 1307-9 see
Chossudovsky J. (1990) “East West Diplomacy for Environment in the United Nations” New York pp. 801-3
322
Birnie P. and Boyle A. op.cit p. 508
323
Article 1(b)

80
Instead, the parties have committed themselves only to broad principles and
objectives for pollution control, in language often so weak that Wetston et
al324described the treaty as no more than a “symbolic victory” intended to reassure
both the polluters and the victims. Thus, there is only an obligation to “endeavour to
limit” and “as far as possible, gradually reduce and prevent” air pollution. 325 To
achieve this, parties undertake to develop the best policies, strategies, and control
measures, but these must be compatible with “balanced development” and use the
“best available technology” which is “economically feasible”. 326 A great deal of
latitude is thus left to individual states to determine what level of effort they will put
into pollution control and what cost they are willing to pay in overall economic
development. For major polluters such as the UK and West Germany, this elastic
obligation was the major condition for their acceptance of the Treaty in 1979, and it
enabled, the USA to continue to cause serious pollution in Canada without violating
the convention.
The Geneva Convention also contains provisions on notification and
consultation in cases of significant risk of transboundary pollution. These are only
loosely comparable to the customary rule requiring consultation regarding shared
resources or environmental risk. Only “major” changes in policy or industrial
development likely to cause “significant” changes in long-range air pollution must be
notified to other states. 327 Otherwise, consultations need only be held at the request
of parties “actually affected” by or exposed to a significant risk of long- range
transboundary air pollution.328
However, the 1991 Economic Commission for Europe’s (ECE) Convention on
Environmental Impact Assessment in a Transboundary Context has provided a
stronger regime of assessment and consultation covering proposals to operate
refineries, power stations, and other large-scale “combustion installations” since its,
entry into force.329This, Convention requires the party initiating a proposed activity to
take the initiative in providing notification to those likely to be affected, a position

324
Wetstone, J & Rosencranz, T (1983) “Acid Rain in Europe and North America” AJIL Washington D.C pp
140-4.
325
Article 2
326
Article 6. This article is directed “in particular” at new or rebuilt installation.
327
Article 8(b), Rosencranz, T op.cit p. 75 argues that “few if any cases are likely to arise to trigger this article”
because the threshold is so high
328
Article 5
329
See also the 1991 US-Canada Air Quality Agreement

81
much closer to more recent treaty and International Law Commission (ILC)
formulations than is found in the 1979 Geneva Convention. 330

1.1.6.5 Some Positive Aspects of the Convention

Despite its evident weaknesses, the Geneva Convention’s main value is that it
provides a framework for cooperation and for the development of further measures
of pollution control. Articles 3, 4, 5 and 6 commit the parties to exchange information,
conduct research, and consult on policies, strategies, and measures for combating
and reducing air pollution. The Convention is thus both a basis for continuing study
of the problem, and for taking further co-ordinate action to deal with it. In this sense
the weaknesses of its obligations is deceptive. Given adequate consensus among
the parties, stronger and more effective measures are possible within this
framework. For this reason the creation of institutions is, as in other treaty regimes,
of particular importance. The 1979 LRTAP Convention includes general
commitments on policies and strategies to combat the discharge of air pollutants, the
exchange of relevant information and review of policies, scientific activities and
technical measures, and co-operation in research. Consultations are to be held
between parties actually affected by, or exposed to, a significant risk of long-range
transboundary air pollution, and parties within which and subject to whose
jurisdiction a significant contribution, originates or could originate from activities
carried on or contemplated331 while the requirement to consult may appear rather
obvious now, it was, at the time, a notable development which influenced
subsequent practice in related areas. Though it is a soft commitment, which is
without target or timetable, it nevertheless establishes a general limitation on the
right to emit atmospheric pollutants.

1.1.6.6 Implementation and Assessment

Critics of the 1979 Geneva Convention have pointed out the weaknesses of
its provisions, and the lack of strong institutional features in the early protocol. 332

330
Ibid
331
Article 5
332
Pallemaerts, B (1994), Hague YIL, 189 Wettestad, in Scandinavian Seminar College, “Implementing
Environmental Conventions”, Copenhagen p. 68

82
Decision-making has been by consensus, and the difficulty of securing agreement on
specific measures to reduce emissions is evident in the compromise and delay which
have affected protocol negotiation. The regime lacked formal provision for
independent verification or non-compliance until the 1997 decision of the parties to
establish an implementation committee. Compared to the Ozone Convention and
Montreal Protocol, the LRTAP regime has never looked impressive. The definitions
set out in the Convention have been relied upon in other instruments. The definitions
of “air pollution” is broad enough to include atmospheric emissions of greenhouse
gases and ozone-depleting substances as “air pollutants” although the use of the
word “resulting” suggest that actual deleterious effects must have occurred and that
gases subject to precautionary measures of regulatory action in the absence of
actual deleterious effects may not be considered to be pollutants. 333
Nevertheless, despite the “soft” wordings of the 1979 Convention, a series of
increasingly stringent implementing protocols has come into force, and the
institutions have been strengthened. As scientific understanding of the issues has
grown, so the regime has evolved accordingly.
Transboundary air pollution in Europe has undoubtedly fallen substantially,
and especially sulphur dioxide (SO 2) pollution. By 1994 the 30 percent target for
reducing sulphur emissions has been met by all parties, and exceeded by 19 of
them, reducing total emissions by 52 percent. 334 Even non-parties such as the UK
and Poland had also exceeded the 30 percent target. Nitric oxide (No x) emission had
either stabilized as required, or had reduced, giving a net fall of 9 percent, 335
although those parties who had promised a 30 percent fall remained a long way
short of this target, and further reductions would be difficult to achieve. However, the
picture is one of improvement and compliance.
What is less clear is how far this improvement can be attributed directly to
implementation of the protocols. Any explanation of the reduction in emissions which
has undoubtedly occurred must take account of evidence that this is significantly due
to industrial changes in some areas, such as eastern Germany, and to the increased
use of gas or nuclear power for power generation in countries such as the UK and
France, rather than to the implementation of the Convention regime. 336

333
Article 1(a)
334
Birnie, P& Boyle, A. op.cit p. 513
335
Ibid

83
 Nevertheless, in their reports to the Executive Body, the parties have
concurred in viewing the Convention’s impact on air pollution control and air quality
management as a positive one, which has resulted in national and international
action to improve the environment, reduce pollution and develop control
technologies. Largely through increased knowledge and the building of mutual
confidence, the LRTAP regime has helped to alter perceptions, and to change
policies in participating States.337It has not solved the problem of acid rain or
transboundary air pollution, but it does appear to have reversed earlier trends.
However, achieving compliance with the more ambitious demands of the Second
Sulphur Protocol, the Volatile Organic Compound (VOC) Protocol, or the 30 percent
reduction target for Nox emissions may prove considerably more difficult.
In summary, the Convention highlights how pollution and its remediation is at
its heart a political question and requires the political system of each country to
engage with the problem. The Treaty reflects this reality through its approach-flexible
and intended to develop cooperation between states. Setting limits on air pollution is
a primary responsibility of the Convention, which attempts to base control on the use
of the best technology available to reduce, prevent and contain pollution. This is a
sensible approach, as strategies aimed at prevention and reductions are linked to
economic costs and feasibility. The need for transparency over the quantification of
such costs is a major step in setting incentives to prevent pollution in the first place.
The Convention provides a good foundation on which to build, as it engages with
stakeholders and creates a generally agreed statement of intent on which to build
future strategies. Its critics see this as weak and ineffective because of the lack of
sanctions and penalties in the generality of its scope. This misses the point of the
Convention, which is intended to lead to further research, create general
collaboration and exchange information. Consequently, there are five protocols that
relate to different aspects of air pollution that have been created under the
Convention since 1979.338
336
Sands,P in Helem (ed) (1990) “ Energy Production, Consumption and Consequences”, Washington D.C P.
246, Wettested, p. (1997), 7 “ Global Environmental Change”, p. 235 see also “National Strategies and Policies
for Air Pollution Abatement” UN Doc ECE/EB AIR/65
337
See particularly Wettestad G (1996) “Acid Lessens.” Assessing and Explaining LRTAP Implementation and
Effectiveness” II ASA working paper, Thaveri G,(1993) “the LRTAP Convention/ Second Sulphur Protocol
possible lessons for the Climate Convention” (FIELD, 1993)
338
These Protocols include, the Sulphur protocol of 1985 which required the parties to reduce emissions on their
transboundary fluxes by 30 percent by 1993.The second Protocol is the Nitrogen Oxide Protocol concluded in
1988, which requires parties to stabilize their Nox, emissions or their transboundary fluxes at 1987 levels by
1994. The third is the 1991 Volatile Organic Compound Protocol which aim to reduce emission at specific

84
1.2 Regional Frameworks
Africa seeks to achieve a regional convention to regulate transboundary
movement of hazardous waste, by coming together as a region as a starting point.
Regionalism therefore creates conditions of interdependence between member states
of the region. Interdependence is instigated by the will to better manage hazardous
waste through a collective strive to instil a single, wide, more attractive and
trustworthy regional manner to manage the movement of transboundary hazardous
waste. This provides legal security for transporters who wish to transport wastes in
different countries within the region but are sure to meet the same rules everywhere
in the region. The bottom line of the advantages here is that the country transporting
hazardous waste is sure that it is out of the grip of the erratic temperaments of
unilateral sovereign acts by the host states.
Regionalism further creates and facilitates an effective and comprehensive
integration of each member of the region into the international economic mechanisms
through business co-operation and harmonisation of laws between member states.
Additionally, regional agreements have led to increasing integration and reduced the
“importation” of hazardous waste from non-regional members. 339

1.2.1 The Bamako Convention

1.2.1.1 Genesis
Several regional conventions and European Union (EU) rules have been
adopted in order to regulate transboundary movements of hazardous wastes. 340
African states generally did not consider the original Basel Convention satisfactory
and wanted to ban the importation of all hazardous wastes into their continent. 341
They concluded, in the framework of the defunct organisation of African Unity
(OAU),342a convention on the ban of the importation of hazardous wastes into Africa
and the control of transboundary movements within Africa. 343 Africans attended the
Basel Conference with an offensive attitude towards the movement of hazardous

levels by the same year by 30 percent by 1999

339
See Evdokia, M (1991) « La Réglementation International en Matière de Déchets Radioactif et Toxiques :
Convergence et Divergences », Droit Nucléaire (OCDE), Bulletin 147, pp ; 10 et S, notam. P. 12 et p. 15.
340
Sands, P. Op cit p. 695.
341
Shearer, C (1993) “: Comparative Analysis of the Basel and Bamako Conventions of Hazardous Waste”;
Environmental Law Journal of Cambridge University No. 23 p. 141.
342
Now African Union (AU).
343
Bamako, January 29, 1991.

85
wastes to the African continent. They considered the transfer of hazardous waste as
an irrepressible and immoral act because the producers do not want it to be
deposited in their country or countries. Despite the efforts, the African continent is
making to keep its continent clean, the developed countries are trying to prevent and
destroy it. Africa has refused to be another love canal.344 That is why when the
Africans discovered that the terms of the Basel Convention were not favourable to
them - for example, it did not place an absolute ban on the movement of hazardous
substances internationally, they decided to hold a conference in Bamako to sort out
the problem of the transfer of hazardous waste into Africa. It finally led to the Bamako
Convention.
The message of the OAU president with regards to the disagreement of the
African continent toward the terms of the Basel Convention was not ambiguous. He
stated:
“Nous ne pouvons signer ce genre de convention que si nous sommes convaincu
que nos intérêts seront sauvegardes.” He said further that :
‘ Il convient de souligner qu’il est difficile pour l’Afrique d’être partie à une convention
pour laquelle elle n’est pas suffisamment équipée pour s’assurer que les autres parties
honorent leurs engagements moraux et juridiques vis-à-vis de cette convention 345

Another constraint of the Basel Convention as has already been noted is that it
does not cover radioactive wastes. Green Peace commented that “it is a problem of
the society”346. The question to be asked is, is radioactive wastes less dangerous than
hazardous wastes or is it, easily managed than the others, or what? The fact that the
African Continent does not produce it yet does not mean it is less exposed to it.
The Bamako Convention was adopted on the 30 th of January 1991 in the
Malian Capital, Bamako and it entered into force on the 30 th of April 1998.347 Eighteen
states are a party.348

344
This is a town situated not far from Niagara in the US where it was discovered in the 1970s that 20.000 tons
of chemical waste had been deposited. This waste was the cause of a number of cancer infections and
malformation in children in this town.
345
Message du président en exercice de l’OUA à la conférence de Bale, Mars 1989, Docdactyl. P.4 (“we cannot
Signe this type of Convention except we know our interest will be safeguarded. It is noteworthy to mention here
that it is difficult for Africa to be a party to a Convention which she is not sufficiently sure that the other parties
will respect their moral and legal obligation vis-à-vis this Convention”). My translation.
346
See the International Trade in Waste: A Green Peace Inventory; fifth Edition 1990, published by Green
Peace, USA, 1436R. Street N.W. Washington D.C 20009, et la Commerce International des Déchets 1991.
347
Kamto M, op cit. p. 317.
348
See la liste des Etats Africain et Organismes Internationaux qui y ont participé dans l’Acte final de la
Conférences, OUA/CONF/ENV/ACTE FINAL (1).

86
1.2.1.2 Objectives of the Convention
- To control the Transboundary Movement of Hazardous Wastes within Africa.
- To ban the importation of all hazardous wastes on their continent.

1.2.1.3 Context and Scope

The Convention establishes a regional regime to prohibit trade in hazardous
waste, giving effect to the positions many African governments had adopted in the
negotiations on the 1989 Basel Convention. 349 To a large extent, the 1991 Bamako
Convention follows the approach taken in the 1989 Basel Convention, but departs
from it in a number of important respects.350
First and most notably, like the former 1989 Lomé Convention, the Bamako
Convention prohibits trade in hazardous waste from abroad or not from the African
Continent. The Bamako convention in its article 2(2) which is a response to Article
1(3) of the Basel Convention prohibits the importation of not only hazardous waste
but radio-active waste into the African Continent or African Countries. Africa enacted
this section in the Bamako convention because there was no provision of that nature
for African countries in the Basel Convention. This is a loophole of the Basel
Convention with respect to Africa. In other words, the Basel Convention is biased
against Africa. This new provision adumbrated in the Bamako Convention is a plus to
the African continent. Radioactive waste is dangerous as we all know. A good
convention must stipulate that, no movement of radioactive waste should be done
without the consent of all the countries involved.
Secondly, the Convention bans the transportation of hazardous wastes from
abroad (developed countries) into Africa but permits movement of hazardous waste
between African countries only, that is, the waste produced in Africa only. But on
condition that strict rule and certain conditions are respected. It is worthwhile quoting
a delegate who attended the world summit in Stockholm in, 1972 that “let us died
pollued”351[sic] meaning let the pollution we produce kill us all. On the other hand,
negotiators at the Bamako Convention preferred another dictum which is contrary to

349
See UNEP, proposals and positions on the African States during the negotiations on the Basel Convention on
the control of Transboundary Movements of Hazardous Wastes.
350
Shearer, C op .cit. p. 140.
351
Kamto, M. Op cit. p. 318.

87
that of 1972. It states “let us died of our own pollution” [sic]. 352 Meaning let Africa
die of the pollution Africa produces not of that which the whole world produces. The
Bamako Convention states in its Article 4(1) that, criminal, administrative and other
appropriate measures should be taken in order to forbid the transfer or importation of
hazardous waste in Africa especially from non-members. Article 3 of the Convention
permits the transboundary movement of hazardous waste in Africa produced in Africa
irrespective of whether they have to submit to other conditions. This limitation has its
ramification because it can boomerang against Africa. For instance, what about a
situation where an industrialised country wants to install machines, to treat this waste.
Will they still come? This is a weakness of this section.
Thirdly, the Bamako Convention makes the importation or transfer of
hazardous waste into Africa a criminal offence. 353 Any defaulter of this Convention is
punished by criminal sanctions.354

1.2.1.4 Some Advantages and Disadvantages of the Convention

The quantum of damages levied against the defaulter is left at the discretion of
the affected country. This does not augur well because the affected country can
charge a very high or low penalty against the defaulter. If the penalty is too high it
might crumble the defaulting company. This will lead to unemployment and untold
hardship. On the other hand if the penalty is too small it might not discourage the
defaulter country from exporting the same waste again. If this happens, then one of
the objectives of punishment (deterrence) will not be achieved. We submit here that
there should be uniform punishment. That is, the quantum of damages and the
number of years of imprisonment in the whole of Africa should be harmonized. The
regime of responsibility in the Bamako Convention is done by the Convention itself
but that of Basel is left to a protocol which might take time to hold. This will delay
justice. It is said that justice delayed is justice denied.
The Bamako Convention further states that an objective and unlimited
solidarity should be imposed on all states of Africa to shun all producers of hazardous
wastes.355 Kamto356describes this as a progress in positive environmental law, but
352
Ibid.
353
Article 4(1)
354
Section 4(1) states that “L’importation de tels dechets est declare illicite et possible de sanctions penales”.The
importation of such wastes is illicit and possibly attracts criminal sanction .Author’s conjecture
355
Section 4 (5-6) of the Bamako Convention.
356
Kamto op cit p361

88
regrets the fact that, the Convention is a soft law and thus cannot be enforced against
its members especially criminal matters as has been contended in the early parts of
this chapter.
In summary, the Bamako Convention, which advocates Inter-African co-
operation, 357 is based on two principles, namely:
1. States have the sovereign right to ban, for human health and environmental
reasons, the transportation of hazardous wastes and substances into and across their
territory ;and
2. Hazardous wastes should, as far as is compatible with environmentally-sound and
efficient management, be disposed of in the country where they were generated.

1.2.1.5 The Differences between the Basel and Bamako Conventions

Most of the provisions of the Bamako Convention correspond to those of the
Basel Convention, but the regional convention differs in some important respects from
the global instrument.
Firstly, it states that, parties must ensure that hazardous wastes to be exported
are managed in an environmentally sound way in the state of import and transit, and
only authorised persons may store such wastes. 358
Secondly, the definition of waste is broader than that of the Basel Convention
and includes those radioactive wastes that are subject to any international control
system.359
Thirdly, the parties must strive to apply the precautionary approach 360 but the
Basel Convention does not provide for this.
Fourthly, and most importantly, it prohibits the import of hazardous wastes for
any reason into Africa from outside the continent and from non-contracting states and
declares such movement a criminal act. 361 But the Basel Convention does not provide
for that. It further prohibits the dumping of hazardous waste in the sea, including
incineration and,
Finally, the Convention requires the parties to impose unlimited, joint and
several liability on hazardous waste generators in Africa 362.
357
Article 10 of the Convention
358
Article 4(3) and m(1)
359
Article 2(3)
360
Article 4(3) (f)
361
Article 4(1)
362
Article 4(3) (b)

89
 The Bamako Convention includes several other subtle but significant
differences. Waste to be used as raw materials for recycling and recovery may not be
exported, and parties must appoint a national body to act as a “dump watch” to co-
ordinate governmental and non-governmental bodies. 363 Moreover, parties may
decide not to require prior written consent; parties must not allow use of general
notifications.364
The rule requiring notification of the transit states applies to transboundary
movements from a party through a state or states which is or are not parties, 365 and
illegal traffic may be returned only to the exporter. 366
In conformity with the Bamako Convention, the treaty establishing the African
Economic Community declares that member states undertake individually or
collectively, every appropriate step to ban the importation and dumping of hazardous
wastes in their respective territories, and to cooperate in the trans-boundary
movement, management and processing of such wastes produced in Africa. 367

1.2.1.6 Management of the Bamako Convention

Like the Basel Convention, the Bamako Convention establishes a conference
of the Parties and a Secretariat. The Bamako Convention is administered by its own
Conference of Parties and Secretariat, the functions of which are carried out on an
interim basis by the AU 368 and the UN Economic Commission for Africa (UNECA). 369
Significantly, the Secretariat of the Bamako Convention is granted greater powers
than the Secretariat of the Basel Convention since it may verify the substance of
allegation of breach of the Convention and submit a report to all parties. 370 Moreover,
it provides for the apparently compulsory jurisdiction of an Adhoc Dispute Settlement
Organ, or the International Court of Justice (ICJ) 371

1.2.1.7 The Nature of the Convention

363
Article 5(4)
364
Article 6(6) ; cf. Article 6(6) of the Basel Convention.
365
Article 7 ; cf. Article 7 of the 1989 Basel Convention.
366
Article 9(3) and (4), cf. Article 9(3) and (4) of the 1989 Basel Convention.
367
Article 59.
368
Article 15 and 16.
369
Article 19.
370
Article 20
371
Kamto, M, op .cit at p. 319.

90
 The relationship between the Basel and Bamako Convention is that both
refuse the exportation of hazardous wastes to a country which does not have the
means to treat the said waste in an environmentally-sound manner. The Bamako
Convention is not only a “political convention as has often been said but a reactionary
text on a very important issue, the movement of tranboundary waste before talking
about passion” as Kamto372 observes.
It exposes the legitimate right of a continent which is at the mercy of traffickers
of wastes without faith or law who exploit the weak laws of the continent or the
political instability of the continent. A case in point is the negotiation of the UNEP
three years after (1992) with Italian and Swiss companies in September to stop
transferring and dumping of toxic wastes by them in Somalia. 373The intermediary, Dr.
Nur Elny Osman, who presented himself as the Minister of Public Health of Somalia,
signed a humble contract to transfer this waste. 374 The contract was negotiated for
twenty years (1991-2011) normally to transfer about 800.000 tons yearly of highly
toxic wastes.375 It is estimated that about 1000.000 tons of wastes was dumped in
1992, the transporters took advantage of the political instability of this country which
had dragged for ten years.376 This scandal shows that the transfer of toxic waste into
Africa is a very serious problem which concerns the whole African Continent. It
explains why the continent headed for the Bamako Convention, signed it without
hesitation and speedily ratified it. This incident also provoked African states to sign
and ratify the Basel Convention. The 1994 Geneva Resolution signed and ratified in
1998377 forbids the exportation of waste to the developing countries which were
excluded by a certain clause from signing and ratifying the Basel Convention. The
only remaining problem is that of radioactive wastes. The Basel Convention as has
been seen does not cover it. However, the good thing is that, the Bamako Convention
does so. The Bamako Convention is “a convention for poor countries (Africa) which
have no means” to put it in the words of Kamto. 378

372
Ibid
373
See Wyhe, D.J. (1992) “The Bamako Convention as a Solution to Problems of Hazardous Waste Export to
Less Developed Countries,” Columbia Journal of Environmental Law, vol. 17, 419, notam, pp 443 to 449.
374
Ibid.
375
Ouguergouz, F(1992) « La convention de Bamako sur l’interdiction d’importer en Afrique des Déchets
dangereux et sur le contrôle de mouvements transfrontières et la Gestion des Déchets Dangereux produits en
Afrique »   AFDI p. 82.
376
See Kamto,M. op .cit p. 319.
377
Ibid.
378
Ibid

91
1.2.2 The Lomé Convention
Though the Lomé Convention is defunct, it is still necessary to discuss it.
Due to the lacunae of the Basel Convention, another convention that regulated
the trade of hazardous and radioactive waste was signed between the European
Commission (EC) and African Caribbean and Pacific (ACP) countries. The Lomé
Convention was signed on the 15 of December 1989. 379 It was signed six months
after the Basel Convention. It remains in the orbit of the Basel Convention. However,
it came to fill the lacunae created by the Basel Convention. For instance, the Basel
Convention did not regulate the transboundary movement of radioactive wastes. It
was limited only to hazardous wastes.

1.2.2.1 Objectives of the Lomé Convention

The aim of the Lomé Convention was that it forbade absolutely the transfer of
hazardous and radioactive waste between non-member countries. The convention
also stated that if a member of the ACP and EC sends waste for treatment, this
treated waste can be sent back to the ACP state of origin.

1.2.2.2 Context
The EC States were subject to a blanket prohibition on all direct or indirect
exports of hazardous waste and radioactive waste from the EC to the ACP States and
ACP States must prohibit the direct or indirect import of such waste from the EC or
from any other country.380 These obligations were stated to be “without prejudice to
specific international undertakings to which the contracting parties have subscribed or
may subscribe in the future in these two areas within the competent international
fora,” and they did not prevent processed waste being returned, from the EC to the
ACP state of origin381
It is mandatory for every member of the ACP countries to take the best judicial
or legal and administrative international measures deemed necessary to put in place
and to implement the principle of banning the transfer or importation of radioactive

379
Signed on the 15 of December 1989 but entered into force on the 1st of December 1991.
380
Article 39(1).Hazardous Waste covers categories of products listed in Annexes 1& 11 to the 1989 Basel
Convention, and the definitions and thresholds of, “radio active waste” are to be “those laid down in the
framework of the IAEA”, and, pending that, the definitions and thresholds specified in the declaration in Annex
VII to the 1989 Lome Convention, Article 39(3).
381
The 1989 Lome Convention, Article 39(1).

92
wastes into its country or countries of the ACP. In such a case, a consultation can be
done in case of the delay demanded by one of the parties.
After this consultation each of these parties can take appropriate measures
with respect to the situation. According to Section 39(2), of the Convention, the
parties must endeavour to ensure that there is a rigorous implementation or control of
the principle of banning the importation of hazardous and radioactive wastes. In case
of difficulties, they can organise another consultation which has the same effect like
the one already discussed.
On June 23, 2000, the EC–ACP States signed a new Partnership Agreement
in Cotonou, Benin. In its Article 32(1) the parties agreed to co-operate on questions
relating to the transport and elimination of hazardous wastes. In other words, the
1989 Lomé Convention is now of historical interest only, since it has been replaced by
the 2000 Cotonou Agreement between ACP countries and the E.C. However, it is still
noteworthy as reflecting a different approach from the regulated waste trade rules
established by the 1989 Basel Convention.

1.3 The National Framework

The Cameroon State’s Legal Norms with regards to environmental issues can
be principally discerned through national laws. National environmental laws comprise
the Environmental Management Code 382 and other laws and regulations made by the
competent legislative authority dealing with specific issues to further enhance the
objective of the organ. Only the environmental code shall be examined under this
section due to the major role it plays to manage environmental issues in Cameroon.
Nevertheless, other relevant laws are examined concurrently in other areas where
analyses require so. The other related environmental regulations should be read in
relation to the discipline it regulates, because it was tailored for that purpose or to
regulate the said discipline

1.3.1 The Environmental Management Code

The Environmental Management Code of Cameroon is a law that
incorporates in one piece, the fundamental environmental policies and strategies of
the state. Thus, the primary purpose of such a law is to promote, guarantee and
facilitate environmental management through a wide range of protective guarantees.
382
The 1996 Environmental Management Law of Cameroon.

93
The rationale of the August 1996 Environmental Code is clearly spelt out in the
explanatory statement of the bill 383 to institute the code, for it is the first exhaustive
law that makes the protection of the environment a central issue. It emerges from
the Statement that Cameroon has, over the past years, been obliged to rapidly adapt
its environment as a result of profound changes in the national, regional and global
environment.
The Code has a preamble and seven parts divided into 99 Sections. The
preamble contains guiding principles which aim at operationalising government’s
policy to build a competitive and prosperous economy by formulating national
strategies, plans or programmes for the conservation and sustainable use of
environmental resources .The first part is divided into three chapters; the first deals
with the definition of basic concepts such as “air”, “pollution” and “environment”, the
second with general obligations, and the third with fundamental principles. The
second part of the code is entitled “preparation, coordination and financing of
environmental policies”. This part is not broken down into chapters. It only discusses
the preparation; co-ordination and the financing of environmental policies. Part three
focuses on environmental management. It is divided into three chapters. The first
chapter covers the general environmental management plan. The second chapter
deals with the environmental impact assessment. The third and last chapter of this
part is divided into five sections. In the first section, the protection of the atmosphere
is discussed. Section two dwells exclusively on the protection of continental waters
and flood plains. While section three intimates the protection of the coast and
maritime waters. Section four treats only one issue: Protection of soils and the sub-
soil. The last section of this chapter focuses on the protection of human settlements
Chapter four, unlike chapter three, is divided into four sections only. It is titled
plants classified as dangerous, in hygienic or inconvenient and polluting activities.
Section one explores only one item namely, wastes. Section two concentrates
exclusively on classified establishments. Section three touches on harmful and/or
dangerous chemical substances. Resonant and olfactory nuisances are discussed
in section four.
Chapter five is not divided into sections. It handles natural resources management
and biodiversity conservation. Chapter six, like chapter five, is equally not divided
into sections. It dwells only on risks and natural disasters.
383
Law no 96/12 of August 1996 relating to Environmental Management.

94
 Part four treats only one issue that is implementation and follow-up of
programmes. It has just one chapter which focuses on the participation of the
populations. A fifth rather unnecessary and scanty part treats incentive measures.
The sixth part tackles liability and sanctions. This part is divided into four
chapters. The first chapter dwells on liability of the defaulter while chapter two
focuses on the sanctions imposed on the defaulter. Chapter three focuses on
establishment of infringements. The last chapter of this part dwells on compromise
and arbitration.
The seventh and last part deals with miscellaneous and final provisions.

1.3.1.1 Substance
Briefly stated, the Code lays down general obligations for the State and defaulters,
and takes into account specific obligations relating to various sectors of activity. It
establishes an equal and tripartite partnership relationship between the public, the
private sector and the civil society in its implementation. It takes into account all the
concerns of all the institutions to be set up to regulate the environment. It sets up a
self-regulatory mechanism for the various sector policies that would enable the
subsequent elaboration of the sector environmental laws, when necessary. Lastly,
this law provides a set of useful legal tips to manage the environment, particularly on
the role of the State and the individual(s).

1.3.1.2 Appraisal of the Code

On a cursory perusal, one is left with the impression that it is of sound quality
and reflects a carefully and well thought out document that is extremely
environmentally-friendly since it:
- gives pride of place to the public sector (government) in the implementation of
environmental policy by adopting an internationalist approach; and
- Constantly reaffirms its consonance with regional and multilateral
arrangements as well as the promotion of environmental and economic
competitiveness within a network.
A prior, this sounds good, but a more careful reading reveals that not only is this law
far from being a one piece legislation, but it is a fine travesty of circumstances; it
looks like a policy address delivered from the podium of a presidential campaign,

95
filled with too many attractive promises that can hardly be met. 384 In other words, it
appears to be a presumptuous and over ambitious text and analysis in the
subsequent chapters of this research will bear this out.
The first thing worth mentioning about the Code, which is salutary however is
that, unlike the previous scanty environmental laws, it provides for public/private
sector collaboration. Also, it has carefully defined the terms “polluter” and “pollution”.
This is an effort that goes beyond speculation, as there has been much reticence
even in international law in defining these concepts. 385

Conclusion
The push of the international legal framework may not be as dense as the
national framework, but it is certainly dense in terms of the psychological thrust it
provides the environment. Multilateralism is certainly the core of this stretch.
Cameroon has shown its commitment to be part of international strives to outsource
national lacunae.
This chapter has illustrated some points of general significance. First, that
international law remains important in providing a framework for the negotiation of
solutions to problems of global and regional nature, despite its relative generality.
Secondly, that progress has been made in refining the operation of international
regulatory and, supervisory regimes, of which the institutional machinery established
by the 1989 Ozone Convention and the Montreal Protocol is now among the most
significant examples. Thirdly, that substantial problems of global and regional
economic equities have to be addressed if the necessary action to prevent
atmospheric interference is to be undertaken by a sufficiently large number of
relevant states. This conclusion only serves to emphasize that the use of legal
controls and the machinery of international justice cannot by themselves ensure the
attainment of environmental goals endorsed by international policy makers, given the
substantial changes in energy policy, industrial activity, and technology which are
needed, and the economic implications they may have for developed and developing
states. It is, thus, not surprising that the various treaties on the protection of the global
environment examined here represent perhaps the most significant resort to equity in
International Environmental law and Diplomacy.

384
See for example, the provision of section 10(1) and (2) of the code.
385
See the introductory part of this research.

96
 CHAPTER TWO
URBAN AIR POLLUTION REGULATION
Introduction
The regulatory law consists of the rules which govern the legal administrative
steps taken to regulate urban air pollution. This is the scope of the expression
“regulatory law,” as adopted in this research. Regulating urban air pollution in
Cameroon involves a number of administrative bodies and mechanisms. The rules
regulating it differ from one type of pollution to another.
Air is a mixture of basically four gases: nitrogen (87.08%), oxygen (20.95%),
argon (0.93%), and carbon dioxide (0.03%) 386. The earth is surrounded by a cover of
gases that condition life and protect all living things from harmful solar radiation, and
equally regulate the global climate. The chemical composition of the atmosphere has
been quite stable for 60 million years, with the four gases cited above 387. The
proportion of these gases remains almost identical up to an altitude of approximately
80 kilometres388. Air pollution is the upsetting of the natural arrangement of different
gases in the air. It is the accumulation of dangerous substances in the air which
produces measurable effects on man, plants and animals. It involves the emission of
harmful substances into the atmosphere which will cause danger to any living
thing.389
The protection of the atmosphere was a relatively late comer in international
environmental regulation but it is now well established, even though the earliest
perceived form of pollution relates to the pollution of the air. 390 With limited
exceptions, until 1979 no treaty sought, as its primary purpose, to place limits on the
right of states to allow atmospheric emissions which caused environmental
damage.391
Some treaties had, however, called for general preventive strategies. 392 Since
1979, numerous treaties and other international acts have addressed the protection
of the atmosphere.393 Although there is no atmospheric equivalent to the 1982 UN
386
Kiss, A. Op cit p. 307.
387
Ibid
388
Ibid.
389
Atsegbua, L, Akpotaire, V and Dimowo, F op cit. p.75.
390
Taubenffeild, H (1973) “International Environmental Law: Air and outer space” 13 Natural Resources
Journal p. 315.
391
Wetstone , G, and Rosencrantz A, (1984) “Transboundary Air pollution: The Search for an International
Response”, 8 Harvard Environmental law Review p.89.
392
See Sands, P, particularly, Chapter 6 pp. 246-9.
393
Wetstone, G, and Rosencrantz, A op.cit. p. 90

97
Convention on the Law of the Sea, international legal instruments have been
adopted at the regional and global levels which address a range of issues, including:
trans-boundary pollution by sulphur dioxide, nitrogen oxide and volatile organic
compounds, the protection of the ozone layer, the prevention of climate change and
the protection of the environment of outer space. 394 The precedents set by the
treaties relating to the protection of other environmental media, in particular, marine
environments, have contributed to the development of these rules. 395

2.1 The Genesis of Urban Air Pollution Control

The range of problems affecting the atmosphere stretches across the full
range of human activity, from highly toxic fumes emitted from a complicated
industrial process to such seemingly mundane activities as lighting a fire, driving a
car or using spray or deodorant.
The genesis of atmospheric pollution dates back to the fourteenth century
because of the early uses of coal in domestic fires. 396 The prohibition on certain
activities producing smoke was probably the first instance of trying to prevent
environmental pollution in Great Britain. 397 Fumes and particulates produced by
these fires caused pulmonary infections and related lung diseases 398.
Notwithstanding this effect, coal continued to be used. In 1306 399 Edward I400 of
England banned the burning of “sea Coles” found on the sea shore, in the city of
London. This coal had high sulphur content and was in part, responsible for the
City’s noxious odours. Edward’s ban might very well be the earliest environmental
legislation concerning air quality regulated in the United Kingdom. The Royal
Proclamations were issued in 1272 and in 1306 respectively. 401
In 1661, John Evelyn402 published his famous work, Fumi Fugium on Air
Pollution in city areas which not only outlined the problems that atmospheric pollution

394
Flinterman, C et al (1986) “Transboundary Pollution: International legal Aspects of the Co-operation of
States”, Journal of Environmental Law Vol.8 No 5 Oxford University Press
395
Okowa, p (2000) “State Responsibility for Transboundary Air Pollution in International Law” .Journal of
International Law Vol.9 No.155.
396
Sands, p. op cit p. 323.
397
Ibid.
398
Ibid
399
Thornton, J. & Berckwith ,S. op. cit. p. 292.
400
He was the king of Great Britain then.
401
Stuart, B and Mc Gullivray, D (2001). Environmental Law 5th Ed. Blackstone Press Ltd. P. 410
402
Ibid.

98
from smoke caused, but also more importantly, he tried to suggest methods by which
the problems could be resolved.
With the advent of more complicated processes brought by science, more
especially in the late eighteenth century, the problems of atmospheric pollution grew
more severe. The Industrial Revolution increased the use of coal to drive new
machinery and more importantly, produced very acidic emissions as a consequence
of the “Alkali Works”’.403 It was because of this that the Public Health Act of 1875 was
enacted. It was the first general legislation ever passed to regulate smoke
emission.404 The provision on smoke abatement, which that Act contained, has
formed the basis of modern legislation. The 1875 Act, however, was unsuccessful in
securing major changes in air quality, so that Victorian cities were characterized by
soot blackened buildings and heavy smog.405
In December 1952, a severe Smog in London caused by a combination of fog
and smoke particles led to the death of 4000 people. 406 The government appointed
the Beaver Committee to look into its causes. Its recommendations led to the
passing of the Clean Air Act of 1956. 407 This legislation produced a dramatic
reduction in smog by imposing a prohibition on “dark smoke” from chimneys and by
the creation of “smoke control areas” in which it became an offence to emit any
smoke from domestic and industrial chimneys. The Clean Air Acts of 1956 and 1968
were consolidated by the clean Air Act of 1993. 408 The main reason for this
enactment was that with the heavy concentration of smog hanging over a city, the air
was very still and convection was low. As a result of this, the dispersal of emissions
was much more difficult. The smog got everywhere and disturbed visibility. 409 The
Clean Air Act of 1993 further banned the production of smoke, grit and dust from all
commercial and industrial activities not covered by the Alkali Act but also more
importantly, domestic fires as well. The Acts introduced such concepts as smoke
control areas and the complete prohibition of dark smoke from chimneys. 410
During the 1970s, there was an increase in the use of smokeless fuels, such
as coke, electricity and gas in preference to coal.
403
Atsegbua, L and Akpotaire, V op cit . p.75
404
Ibid.
405
Birnie, P and Boyle, A.op cit. p. 504.
406
Ibid.
407
Ibid.
408
Ibid.
409
Garbutt, J (1995) Environmental Law: A Practical Handbook. 2nd Ed. Wiley Chancery printing press. P. 21.
410
Ibid.

99
 These measures, however, did little to reduce the problem of acidity in the air
which, though, invisible, causes considerable damage to crops and watercourses.
Acidity first became a real problem during the Industrial Revolution. “Alkali Works,”
set up to produce soda; emitted large volumes of fuel smelling hydrogen chlorides
gas.411 It combined with atmospheric moisture to form acid rain which stripped the
leaves from trees, shrubs and hedges. This led to the setting-up of a Royal
Commission to study the matter which subsequently made the recommendations
which led to the first Alkali Act, passed in 1863. This Act introduced new stricter
controls over the production of acidic emissions. 412 The Act required that 95 percent
of noxious gas should be arrested and only 5 percent allowed in the atmosphere. 413
This led to a drastic reduction in the production of acidic emission from almost 14000
tons to about 45 tons. 414 This improvement, however, was temporal. Within a short
time the inadequacy of the legislation became obvious. As the Act had only set a
reduction for acidic emissions in terms of a percentage for each plant, the overall
concentration of such emissions rose as the number of factories increased. 415
In 1874,416 a second Alkali Act was enacted. This Act required industries to
use the “best practicable means” to minimise the emission of noxious and offensive
gases. The implementation of the “best practicable means” test led to the adoption of
the first emission standard in the United Kingdom, which detailed the amounts of
gas. Whilst the Alkali Acts exerted much control over industrial activity, problems
were emerging in relation to industrial activities such as ferrous metal foundries,
plants manufacturing asbestos-based products and plants producing glass and
ceramics. Pollution was also arising from such sources as hospital incinerators. 417
Control over these forms of pollution was not exercised by the Alkali inspectorate.
Rather, it rested with local authorities, in the exercise of their statutory nuisance
powers under the Public Health Acts. Unlike the Alkali Inspectorate, local authorities
could take action only after a nuisance had occurred but could not require plants to
operate using the “best practicable means” to reduce pollution. Due to the increasing

411
Shaw, M. op cit p. 590.
412
Ibid.
413
Ibid.
414
Birnie, P and Boyle, A op.cit, p. 510
415
Ibid.
416
Thornton, J and Berckwith, S op .cit. p. 420.
417
Ibid.

100
volume of pollution therefore, it became clearer that some form of preventive control
was imperative.
In 1976418 the Royal Commission on Environmental Pollution recommended
new and more comprehensive legislation to cover all aspects of industrial air
pollution, which would give local authorities the power to exercise preventive control
by making their prior consent necessary for the carrying out of certain processes. 419
The Royal Commission also recommended that a new unified pollution inspectorate
be established to supervise activities which discharge pollutants into more than one
environmental media.
In the light of these recommendations, the government embarked on a
prolonged period of review, eventually outlining its proposal in a consultative paper
issued in December 1986. This document stressed the necessity of conforming to
European Community (EC) Legislation, in particular the EC 420 Framework Directive in
Combating Air Pollution from industrial plants. 421 This Directive required, among
other things, that particular categories of industrial operations be authorized before
they commenced and that emissions from existing operations be gradually improved.
A few of the processes which the Directive identified as requiring prior authorization
were, in the United Kingdom, under the control of local authorities, whose powers at
the time were insufficient to exert the sort of preventive controls demanded by the
Directive. Therefore, the power to supervise certain industrial processes by granting
or withholding licenses was eventually conferred on local authorities by Part I of the
Environmental Protection Act 1990.422
Part I of the Environmental Protection Act was the main mechanism for
minimizing air pollution from industrial sources for a number of years. This Act
established two pollution control systems: the Local Authority Air Pollution Control
(LAAPC) system and the Integrated Pollution Control (IPC) system, which not only
took account of releases in the air, but also to land and water. 423 The IPC system
resulted in some significant reductions in industrial emissions into the air. In
particular, marked reductions were achieved in the amount of sulphur dioxide
emitted by power stations.
418
Stuart, B & Mc Gillivrey, D op.cit p 420.
419
Air Pollution Control: An Integrated Approach, RCEP, Cmnd. 637 I (1976).
420
Now European Union.
421
Directive 84/360/EEC.
422
Sands, P. op. cit p. 352.
423
Wesley, E.W (2000) Industrial Water Pollution Control, 3rd Ed McGraw Hill Press. P. 43.

101
 The UK moved away from the use of smoke-producing substances to
smokeless ones and equally introduced tall chimneys to enable gases to be
dispelled at very high level, this, with the hope that any substances would be diluted
over greater distances.424 The consequences would be the reduction in the
concentration of pollution in the nearby locality. Unfortunately this reduction in the
levels of local pollution only shifted the problem to a nearby location. While the
pollution of the atmosphere declined at the national level, it became a subject of
concern at international level.425 The change of policy from short to tall stocks for
chimneys saw the creation of the first environmental problem which could properly
be identified across natural boundaries - the problem of acid rain. The effects of the
production and release of such substances into the atmosphere have increased the
acidity of rain in some areas to over 40 times 426 the natural level. This has had a
terrible effect on areas not only in England, Scotland and Wales but also in other
countries within Europe where the prevailing winds have carried such emissions.
The Scandinavian countries in particular have received a large percentage of the
“export” of Britain’s production of sulphur dioxide and acid rain. 427 The specific
effects of certain pollutants can range from speckled areas on leaves brought about
by acidic deposits to complete death. 428 These problems require a co-operative
approach to be taken by all nations. The EU has taken some steps towards
introducing a desulphurization programme, but it remains to be seen whether or not
this is to be successful.429
Compared with the international rules concerning management of water
resources, rules and regulations concerning the protection of the atmosphere are a
fairly new phenomenon.430 In the 1970s,431 air pollution became a serious problem;
States realised that air pollution had become an international problem which required
a common response. In 1979, the Geneva Convention on Long-Range
Transboundary Pollution432was adopted within the UN Economic Commission for

424
Elder, D.E & Bradely, F.S. (2000) Environmental Science 7Ed. McGraw Hill Inc. Press p. 189.
425
Cunningham, W.P. and Saigo, W.B. (2001) Environmental Science, 6th Ed McGraw Hill Co, Press, p. 396.
426
Ibid
427
Ibid.
428
Elden, D.E.& Bradely, F.S. Op cit. p. 190.
429
Ibid.
430
Sands, P. op.cit. p. 326.
431
Ibid.
432
See Chapter One of this research for more on this Convention.

102
Europe. It was designed as a framework convention to fight transboundary air
pollution.
As has already been discussed in Chapter I of this research, the debates
about the depletion of the ozone layer led to the adoption and signing of the 1985
Convention. On the phase out of substances that deplete the ozone layer the
Montreal Protocol was adopted and signed in 1987. The issue of climate change was
addressed and let to the enactment of the 1992 Climate Charge Convention. An
agreement on the issue of the reduction of greenhouse gases was reached in 1997
at Kyoto-Japan, known today as the Kyoto Protocol.

2.2 The Origin of Air Pollution in Cameroon

Cameroon, a former mandated territory of Britain and France, 433 was bound to
be affected by these changes. However, a brief history of how atmospheric pollution
developed in Cameroon will be discussed below.
When the human population of Cameroon was small and people lived in a
simple manner, the waste produced was biological and so diluted that it usually did
not constitute pollution.434 People used what was naturally available such as leaves
and did not manufacture many products. 435 Humans, like any other animal, fitted into
their natural ecosystems. Their waste products were biodegradable materials.
Pollution showed its ugly head in Cameroon when human population became so
concentrated that their waste materials could not be broken down as fast as they
were produced.
As the population increased, people began to congregate and establish cities.
The release of large amounts of smoke and other forms of waste into the air caused
an unhealthy condition because the pollutants were released faster than they could
be absorbed and dispersed by the atmosphere. 436
In the rural areas, especially villages, shifting cultivation gained root. This led
to the burning of bushes with the belief that soil fertility would improve. A belief some

433
Ngoh, V. J (1988) Cameroon 1884-1985: A Hundred Years of History 1st Ed. Navi-Group Publications p. 89.
434
Lambi, C, (2001) Environmental Issues Problems and Prospects 1st Ed.. Unique printers. p. 45.
435
Lambi, C, and Eze, B (2001) Readings in Geography 1st Ed. Unique printers P. 191
436
Adegoroye, A (1991) The Challenges of Environmental Enforcement in Africa 1ST Ed University of Lagos
Press. P. 43.

103
villagers still hold today.437 This increased air pollution in the villages, particularly in
the grassland region of Cameroon.438
The development of cities in Europe and America extended to the Third
World.439 In Cameroon, for instance, towns like Douala, Yaoundé, Bafoussam and
Bamenda started growing at a very fast rate. The growth was encouraged by rural
urban migration because of the search for better jobs. 440 This led to the fast growth of
cities in Cameroon, a situation that still prevails today.
The steam engine invented by James Watt 441 in Britain led to the Industrial
and Agrarian Revolution of 1750 in Europe, 442which extended to Cameroon during
the colonisation period in the 19 th century443. Workers who worked there had good
salaries. This gave them the opportunities to buy motor cycles and cars. 444 These
industries, cars and motorcycles led to air pollution in these towns. The development
of the steam engine, did not only allow machines to replace human labour, but also
increase the amount of smoke and other pollutants in the air.
Modern chemical industries445 have not only produced many extremely
valuable synthetic materials such as plastics, pesticides, medicines and washing
soap, but have also produced toxic pollutants. This in a nutshell, is how air pollution
started in Cameroon. Suffice to note here that it is fairly recent that government
began taking meaningful steps to address the problem of pollution in Cameroon as
its deleterious consequences are becoming glaring.

2.3 Forms of Urban Air Pollution

Pollution can be primary or secondary. Primary pollution is one that has a
direct effect on the environment immediately on release, while secondary pollution is
when it has no direct effect on the environment after release but does so after it has
interacted with moisture, other pollutants or sunlight.

437
Asah, Y op cit . p. 15.
438
Sikorou, K (1996) “Towards Integrated Coastal Zones Management in the Gulf of Guinea: A Framework
Document” published by Ceda. P. 29.
439
Ikoni, U.D. (2010) An Introduction to Nigerian Environmental law 1st Ed. Malthouse Press Limited, P. 72.
440
Franqueville, A (1979) « Croissance Demographique et Immigration à Yaoundé » Bordeuax GEGET, Les
Cahiers d’Outre-Mer Nº 128 : 231-254- p. 236.
441
Kreiger, J (1994) World History: Perspective on the Past 1st Ed. Health and Company Press. P. 441.
442
Ibid
443
Ngoh,V J op. cit p 70
444
See Kunle, L (1994) Background to Urbanisation in Urban transition in Africa. Aspect of Urbanisation and
Change in Lagos (ed) Kunle, l, Lagos Pumark Edu. Pub. Also Ayodeji, O “Population Pressure Housing and
Sanitation in Metropolitan Lagos”. 1900-1939, Chapter 3 in Urban Transition in Africa, possum.
445
Such as Complex Chemique Cameruonaise(CCC)

104
 Pollution may also be local, regional or global in scale. The effects may be
direct, indirect or cumulative and would be felt immediately or after a delay,
intermittently or constantly. Until a threshold is reached, pollution may not appear to
be a problem.446Until a certain concentration level is attained, the environment may
render the material harmless. Once the turning point is exceeded, the absorptive
capacity may gradually or suddenly collapse; sometimes such collapse may be
permanent and on collapsing severe problems may arise. It is therefore important for
developers, to recognize and monitor the thresholds. 447

2.4 Sources of Urban Air Pollution

There are numerous sources of urban air pollution. The sources are
particularly more pronounced in developing countries probably due to low literacy
level.448 In developed or industrial nations greater efforts are made to reduce urban
pollution, supported by a high degree of literacy and orderliness. 449 Under this sub-
heading some general categories and sources of urban air pollution will be defined
and a survey of the characteristics and emission levels of the conventional pollutants
given.

2.4.1 Primary and Secondary Urban Air Pollutants

Any material that pollutes the atmosphere is called a pollutant. The
Environmental Code of Cameroon defines a pollutant in its Section 4(t) as “any
substance or solid, liquid or gaseous discharge, any waste, odour, heat, sound,
vibration, likely to provoke pollution”
Around the world, five major types of air pollutants are released directly from
their source into the atmosphere in unmodified forms and sufficient quantities which
pose health risk.450 They include carbon monoxide, hydrocarbons, particulate,
sulphur dioxide and nitrogen compounds. This group of pollutants is known as
primary air pollutants.451
446
Barrow, W.C (1993) Developing the Environment, Problems & Management. 1st Ed London Group W.C p.
242.
447
Paterson, A ( 2004) “Environmental Law in South Africa’” paper prepared for UNEP’s Symposium for
Environmental Academics. From African Universities, Nakuru on the 29 September to 20 October P. 27.
448
Ibid.
449
Eldon, D & Bradely, F. op.cit p. 180
450
Cunningam, W. & Saigo, W.B op cit p. 403
451
See generally UN ECE Air Pollution Studies, Nos 1-12 (1984-96) (1981) US National Academy of Sciences,
Atmosphere-Biosphere interaction Towards a Better Understanding of the Ecological Consequences of Fossil
Fuel Combustion p. 28.

105
 Secondary air pollutants, by contrast are gases which are modified to a
hazardous form after they enter the air or are formed by chemical reactions as
components of air mix and interact with one another in the presence of an energy
source.452 Solar radiation often provides the energy for these reactions.
Secondary air pollutants are also formed from reaction with natural chemicals in the
atmosphere.453 Photochemical oxidants and atmospheric acids formed by these
mechanisms are probably the most important secondary pollutants in terms of
human health and ecosystem damage. Secondary air pollutants can also be formed
from reactions with natural chemicals in the atmosphere. 454
Fugitive emissions, another component of secondary air pollutants, are those
that do not go through a smoke stack. By far the most massive example of this
category is dust from soil erosion, strip mining, rock crushing, building construction
and destruction. In the US, natural and anthropogenic sources of fugitive dust add up
to some 100 million metric tons per year.455 The amount of carbon dioxide by burning
fossil fuels and biomass is nearly equal in mass to fugitive dust. 456 Fugitive individual
emissions are also an important source of air pollution. 457

2.5 Causes of Air Pollution

Identifying pollution is not always easy, let alone its causes. To some, the
smell of little wood smoke in the air is pleasant; to others it is not. A business man
may consider advertising signs valuable and necessary; others consider them to be
visual pollution. Even the presence of chemicals in drinking water can be difficult to
classify as a clear cut example of pollution.
There is no gainsaying that where we live is contaminated to some degree.
Smoke, haze, dust, odours, corrosive gasses, noise and toxic compounds are
present nearly everywhere, even in the most remote pristine wilderness. According
to the Environmental Code, air is defined as “the elements comprising the
atmospheric fluid and whose physical, chemical or any other modification may
threaten living things in ecosystems and the environment in general”. 458
452
Raven, P, Berg, L, and Johnson G (1994) Environment – 1995 version 1st Ed Saunders College Publishers p.
425.
453
Ibid.
454
Sharma, B. & Kour H (1994) Environmental Chemistry 1st Ed. Goel Publishing House, p. 23.
455
Cunningham, W and Saigo, W.B. op.cit p. 189.
456
Ibid.
457
Gelsom, D (1992) Atmospheric Pollution: A Global Problem?. 1st Ed Cambridge University press. P. 201.
458
The 1996 law of August 5th relating to Environmental Management

106
 Air pollution is generally the most widespread and obvious kind of
environmental damage. According to the Environmental Protection Agency (EPA),
some 147 million459 metric tons of air pollutants are released into the atmosphere
each year in the United States by human activities. Total world-wide emissions of
these pollutants, are around 2 billion metric tons per year. 460 We will now turn our
attention to the causes of urban air pollution which have been discussed under two
sub-headings: namely natural and man-made causes of urban air pollution.

2.5.1 Natural Causes

There are causes which are not man-made. These are many and varied.
Volcanoes spew out ash, acid mists, hydrogen sulphide, and other toxic gases such
as the one that occurred on the Buea Mountain when it erupted in the year 2000. 461
Sea spray and decaying vegetation are major causes of reactive sulphur compounds
in the air of some cities of Cameroon. 462 Trees and bushes emit millions of tons of
volatile organic compounds creating, for example, the blue haze from which the Blue
Ridge Mountains in the United States of America got their name. 463 Storms in towns
of Cameroon raise dust clouds that transport quantities of tons of soils for kilometres.
This promotes air pollution. 464 It is worthy to note here that, natural causes produce
only about ten percent of air pollution while human causes produce about 90% 465.

2.5.2 Human Causes

These are cases of urban air pollution which are caused by man or are
upshots of man’s activities in urban areas. These include bush-burning as a result of
shifting cultivation and the growth of towns among others.

459
Gelsom, D. op.cit p. 201.
460
Ibid.
461
See Cameroon Tribune 34 year, Monday April 19th, 2000 . Website.www.Cameroon-tribune.cm. p.6.
462
Awum, D. (2000) “Urban Pollution and Solid Waste in Cameroon”. Published in ECOFLASH, A newsletter
for the Network for Environmental and Sustainable Development issued on the 9th May-June. P.8
463
Raven, P. Beng, L and Johnson, G op.cit. p. 430.
464
Ndjana, J, Komgang K and Sigha L (2008) “ Water Supply, Sanitation and Health Risks in Douala,
Cameroon”. African Journal of Environmental Science and Technology. Vol. 2 pp 422-429. Available on line at
http://www.academic journals.org/AJEST.
465
Barrow, C. op.cit. p. 240

107
2.5.2.1 Urbanisation
Before any discussion is advanced on this sub-heading, it is important to
define “urbanisation”. The law that regulates town planning in Cameroon 466 does not
define the word. It simply states in its Section 4(2) that “a human settlement shall be
classified as an urban centre by decree”. This is ambiguous (absurd) because it is a
decree which classifies a settlement as urban without indicating or defining what is
“urban”. We may therefore rely on the definition given by Barrow. To him, “it is the
concentration of people in cities and towns”. He said further that, “it is a continuous
and dense agglomeration of people and dwelling”. 467 Many would be tempted to
attach a minimum population size of between 2000-3000 468 people typically but even
then there are considerable differences between what constitutes a “city” in
Cameroon or Nigeria, Brazil, France, Britain or South Africa.
For years now, cities in Cameroon have generally become bigger and more
industrialized and a greater proportion of their people work and stay within the urban
boundaries.469
Before the advent of the economic crisis which hit the world in general and
Cameroon470 in particular, Cameroon was considered 471, as an intermediate
developing country. The crisis pushed many Cameroonians to big towns especially
Yaoundé and Douala, with the hope of getting a job. This rapid population growth
exacerbated urban degradation because makeshift houses were sprouting
everywhere. The government responded promptly by enacting an Ordinance 472 which
regulated town planning in Cameroon. In 2004 the Ordinance was repealed and
replaced by the 2004 Town Planning Law. 473 A well-tailored law filled with many
beautiful promises but it has a serious drawback which is the lack of a text of
application. This makes this statute difficult to enforce. For instance, section 7(1) of
this Law ordains that “town planning in Cameroon shall be governed by general rules
relating to town planning and implemented by town planning documents, urban

466
Law No 2004/003/ of 21st April 2004 to Regulate Town Planning in Cameoron.
467
Barrow, C. op.cit p. 240.
468
ibid
469
MINAT & UNDP  « Rapport sur l’état de la protection civil au Cameroun, 2005, Cap sur la sauvegarde de
notre cadre de la vie" p. 187.
470
Neckmen, N S (1999) “National Policy Standards and Enforcement Procedures on Industrial and Urban
Pollution Control: The case of Cameroon”. A project sponsored by the Ministry of Environment and Nature
Protection , Yaoundé- Cameroon, P. 26.
471
Bourguignon,F(2002) “The World Bank Economic Review”,Vol.16 No.1p.50
472
Ordinance No. 73 of 29th May Governing Town Planning in the Republic of Cameroon.
473
Law No 2004/003 of 21 April 2004 to regulate Town Planning in Cameroon

108
management operations and town planning instruments”. Subsection (2) further
provides that “the procedure and conditions for issuing these documents and
instruments as well as the procedure and conditions for executing the operation
referred to shall be laid down by regulation.” So long as this regulation has not been
enacted, the application of this statute is almost impossible. It accounts for the
haphazard construction of houses in urban areas and the indiscriminate extension of
urban areas through deforestation of the periphery. This has come with its attendant
ills, notably uncontrolled growth of urban settlements and increase in urban air
pollution474

2.5.2.2 Fires
Fire is used here to mean all kinds of fires. The burning of wood, saw-dust
and gas for cooking emits large quantities of smoke in towns.
As already stated a particular traditional agricultural practice in Africa in general and
Cameroon in particular that has been vilified is bush-burning, called in the local
language475 “Ankara”. It is a common practice in a country which is not yet practicing
mechanised agriculture. One of the consequences of this practice is air pollution.
Although the Environmental Code forbids it, the practice is nevertheless rife in the
country, especially the North West Region. Section 21 of the Environmental Code
forbids this practice. It states:
Discharging any pollutant into the air, especially smoke, toxic, corrosive or
radioactive dust or gases beyond the limits laid down by the enabling instruments of
this law, or by special instruments as the case might be, shall be prohibited.
In spite of this section of the law, the act is still practiced. The main reason for this is
that, the controllers sent to the field to educate farmers on how to apply fertilizers
and the adverse effects of doing so are not doing their job, 476 may be the non-
challant attitude on the part of the controllers is due to lack of motivation 477.
Secondly, the insufficient funds to purchase cars and motorcycles to enable them go
into the fields. Lastly, there is not enough budgetary allocation to employ many
controllers to do this work.

474
Neckman,.N S. op.cit p. 26.
475
The dialect of the Metta and Mankon tribes in the North West Region of Cameroon.
476
For more details see Section 13 of Law No. 2003/007 of 10 July 2003 that regulate activities of the Fertiliser
Sub sector in Cameroon.
477
The money given to them as out station allowance is not enough.

109
 Some farmers argue478 that bush-burning leads to soil fertility. This is only
temporary because it leads to high crop yield only then, after which the soil remains
unfertile and demands the use of fertilizers.

2.5.2.3 Engines
“Engine” as used here includes cars, motorcycles, trains, planes among many
others.
As a result of the slight boom in the economy of Cameroon in 2001, salaries of civil
servants were increased.479 This enabled many workers to buy cars. The increase in
the purchase of cars has aggravated air pollution in many towns of Cameroon. The
main reason is that these cars use heavily leaded fuel which is a hallmark of most
developing countries.480 In consequence, the cars produce a lot of smoke which
contain pollutants such as sulphur dioxide, carbon dioxide and nitrogen oxide.
Secondly, most of the cars in Cameroon are used or second hand cars
imported from overseas, which have exceeded the road-worthy age. The Arrête 481
(Order) by the Minister of Commerce regulating the conditions of importation of
second-hand cars does not state the age limit these cars should not exceed. That is
why cars of between fifteen to twenty years are imported in Cameroon. These cars
are battered and produce a lot of smoke. In Tanzania and Uganda, 482 for example
cars older than fifteen years are not imported into these countries.
Furthermore, the so called “Visite Technique” (Road Worthiness Test) in
Cameroon does not check the exhaust emission of cars. It merely inspects its road
worthiness.483 Section 3 of the same Arrête regulates the exhaust emission of cars
but this is ignored in practice. An interview with a worker 484 of one of the companies
carrying out the inspection told this researcher that when the company was first
created, they controlled not only the road worthiness of cars but also their exhaust

478
Robert, M (2008) Netting Hill Farmers of Nigeria: Cultural Ecology of the Kofyor of the Jos Plateau
Seatle1st Ed, University of Washington Press p. 50.
479
Bourguignon, F. op.cit. p. 68.
480
Pollution from leaded fuel is a serious problem in developing nations. For more on this, see Raven et al
op.cit. p. 434.
481
Ministerial Arrête No. 0/0/MINDIC of 12 April 1991. In the eight sections of the Arrête nothing is mentioned
about the age limit of second hand cars which should be imported in Cameroon
482
Better Air quality in the cities of Africa (2004) proceedings of the Regional workshop which held at Indaba
Hotel, South Africa on 21-23 April sponsored by APINA and SEI, P. 83.
483
Arrête No. 011/A/MINT of February 1998 regulating the Road Worthiness Company / “Visite Technique”
484
This interview took place on the 21st of August 2011 at the “Visit Technique” premises with Mr. Me Tou’ov
Francis. He is a Technicien des Industries Auto Mobile, Contrôleur Automobile « CADCIA ».

110
emission. This caused a lot of problems because most cars did not pass the test and
were declared unfit for circulation. This meant that most people and transport
companies had to park their cars. The problem was channelled to the Minister in
charge of Transport who is the titular boss of these companies. He reacted promptly
and instructed the “visite technique” companies to ignore Article 3 and only
implement Article 7 since most of the cars imported are used cars. That is the main
reason why Article 3 of the Arrête has been ignored. This poses a problem because
a car might have good tyres and a body but an old engine. These types of cars
produce a lot of smoke which pollutes the air. Gas emission in urban areas of
Cameroon has increased because of the increase in the number of cars and equally
because these cars have no pollution control devices. We, therefore, humbly submit
here that, the government should ask the “visite technique” companies to check not
only the road worthiness of cars but equally their exhaust gas emission. In other
words, they should implement Section 3 of the Arrête. If this is done we are confident
that air pollution caused by gas emission from cars will be reduced to a very great
extent because the number of cars is increasing and so too is the consumption of
fuel. For example in 1971, Cameroon had 44, 510 vehicles and by 1999 the number
had increased to 186,244 a four-fold increase in less than 30 years and the number
has increased to 336,136 in 2010 485. Furthermore, Cameroon’s total petroleum
consumption was 192, 269m3 in 1982 and has increased to 503,083m 3 in 1999. This
was as a result of the liberalization of the economy by the government in 1994. The
consumption has increased to 1,007,016 in 2012. 486 As has already been discussed
above, the fuel unfortunately is leaded, thereby promoting pollution after use.
Lastly, the railway company (CAMRAIL) which manages rail transport in
Cameroon equally uses old train engines. The Ministerial Arrête already cited above
does not equally state the age-limit of the train engines to be imported. That is why
very old ones which produce a lot of polluting smoke are imported. We submit here
that the Ministerial Arrête (order) should be revised and an age limit for engines
imported in Cameroon should be given as is the case in Tanzania and Uganda.

2.5.2.4 Un-Tarred Roads

485
See the National Institute for Statistics
486
Ibid.

111
 Cameroon, being a developing country, still has a majority of its roads not
tarred. Most of these roads are heavily plied especially those in major towns. Dust
emissions from these heavily plied roads cause air pollution which leads to poor
vision and is responsible for many health problems.

2.5.2.5 Indiscriminate Occupation of Streets by Hawkers

The indiscriminate occupation of streets by hawkers leads to urban air
pollution. Section 17 of the law regulating Councils, 487 states clearly that, “only the
council is endowed with the sole right to give authorization to temporary settlement
and other works”. This implies that, even hawkers who want a place in the streets
can only obtain permission from the Council. In practice however the hawkers
seldom bother to seek such authorisation from their local Council and this explains
the “running battle” often witnessed between council authorities and streets vendors.
When the streets or roads are occupied by these hawkers, traffic slows down and
gas emission from them aggravates the problem of air pollution especially in cities.

2.5.2.6 Industries
Industries are a major source of airborne pollutants in cities of developing
countries. As developing countries become more industrialized, they also produce
more air pollution (pollutants). The leaders of most developing countries believe they
must rapidly become industrialized in order to compete economically with developed
nations.488 Environmental quality is usually a low priority in the race to develop. Thus
while air quality is slowly improving in Europe and the United States, it is
deteriorating in developing countries.489
Since 1995 industries in Douala have been growing at 5 % per annum but
today it is estimated to be over 10%. 490 This percentage increase has also led to an
increase in air pollution in this city because of a number of reasons which will be
discussed in the paragraphs below.
Firstly, most industries use raw materials that contain more air pollutants
because they are cheaper. Secondly, most industries do not practice good
“housekeeping”, that is, they neither clean their environment well nor do they clear

487
Law No. 2004 /018/of 22 July 2004 laying down Rules applicable to Councils.
488
Raven et al op.cit p. 434
489
Ibid
490
Better Air Quality in the Cities of Africa op.cit p. 79

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their waste in an environmentally-friendly manner. They end up burning the wastes.
This act produces smoke which contains air pollutants thus violating Section 21 of
the Environmental Code.
Thirdly, they do not practice eco-efficiency, a principle which states that more
should be produced with fewer resources and with less pollution. 491 This will make
industries more competitive, innovative and environmentally responsible. The goal is
to create added value for both society and the company by doing more with less over
the products of services’ life cycle. This philosophy of eco-efficiency is the first
building block for industries’ role in the promotion of the compliance with
environmental norms. Compliance is a continuous process and all industries must
join in it, if at all industries are to play their rightful role in spearheading compliance
with environmental law in Cameroon.
Air pollution caused by industries in Cameroon is on the increase because of
lack of compliance with the environmental code. 492 Even where the law is enforced,
the punishment or fine levied on the defaulter according to the polluter pays

principle,493 is too paltry which may not deter the polluter or defaulter from repeating
the same offences if he violates Section 21 of the Code. This section of the code
was applied in the matter between CCO v MINEF.494 Complexe Comestique de
l’Ouest, (CCO), a soap factory located in Bamoungoum Quarter in Bafoussam, was
accused of polluting the air because of a poisonous gas it produced from its pipes
contrary to section 21 of the Code. The then Ministry of the Environment and
Forestry (MINEF)495 asked the defaulter to pay the sum of one million (100,000frs)
Francs as penalty for violating the environmental law. What a paltry sum! On the

491
UNEP/UNDP Industries and Enforcement of Environmental Law in Africa. Industry Expert Review,
Environmental Practice: Joint project on Environmental Law and Institutions in Africa p. 97.
492
The 1996 Environmental Management Code
493
It is one of the emerging principles of Environmental law. Principle 16 of the Rio Declaration notes that “the
polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without
distorting international trade and investment.” This principle has been particularly applied with regard to civil
liability for damage resulting from hazardous activities and has particularly been adopted by the organisation for
Economic co-operation and Development and the European community. How far this principle actually applies
is uncertain. It is, in particular, unclear whether all the cost of an environmental clean up would be covered.
State practice appears to demonstrate that such costs should be apportioned between the parties. For more on
this see Sands, P, op.cit p 213 et seq and Boyle A, “Making the Polluter pay? Alternative to State Responsibility
in the Allocation of Transboundary Environmental Costs” in International Responsibility for Environmental
Harm, p. 363. The principle is contain in Section 9(c) of the Environmental Code of Cameroon.
494
Matter No. 004/pvi/MINEF/DPEF/Spe 15/01/02. (unreported).
495
Then Ministry of Environment and Forestry but today Ministry of Environment, Nature Protection. and
Sustainable Development.

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contrary, in UCB v MINEF496 the same Ministry levied a penalty of five million
(5,000,000frs) francs as stated by Section 82 of the Code on a brewery company,
Union des Brasseries du Cameroun located in Douala for polluting the air. The
amount was later tripled to fifteen million francs (15,000,000frs) when the company
refused to stop polluting the air. 497 The question that comes to mind is why this
discrimination in the penalty .There is supposed to be a fixed amount. This
discrimination is unhealthy for it creates an atmosphere of uncertainty. This might
hinder the punishment from achieving its most desired deterrent effect. For it is one
of the objectives of punishment. A high penalty will achieve this aim for no company
will afford to lose a hugh amount of money because of polluting the air which can be
checked.
However, an argument which has been put forward is that, 498 if all industries
are told to stop air pollution entirely, then all such industries will close down because
they cannot function or operate without producing smoke. This is like asking
somebody to cut a pound of flesh without spilling blood. A solution has been
provided by Section 23 of the Code, which enshrines that:
When persons responsible for discharging pollutants into the atmosphere beyond
the norms laid down by the administration do not respect regulations, the competent
administration shall issue them a notice to pay in this light.
An interpretation of this section reveals that a certain level of pollution is tolerated. It
is only when this threshold has been exceeded that a penalty is imposed on the
defaulter. Even with this, another problem is posed which is, that, what is the
tolerated level of pollution. There are no equipment yet in Cameroon to measure the
tolerable level. It is submitted here that this equipment should be bought. This will
enable polluters to know the threshold level of tolerable pollution.

496
Matter No. 0/65/MINEF/SG/Spe/DNIE/PEIE/C4.(unreported)
497
It is worth mentioning here that there are administrative sanctions levied against an industry (ies) which
pollutes the environment. It is only when this measure or sanction fails that judicial procedures are then
followed. Most of the pollution cases are settled out of count to avoid judicial bottlenecks. For justice delayed is
justice denied. The matter between UCB v. MINEF discussed above is an administrative decision. A judicial
decision is seen in the case of the SOTRAMILK v. MINEF (infra). Section 91 of the Cameroon Environmental
Code makes provision for a compromise between administrative units and the defaulter. Sub section 3 states
that, the compromise shall be effected before any possible legal procedure, under pain of nullity. Section 92
adds more light to the issue by stating that, parties to an environmental dispute may settle the dispute by a join
agreement reached through arbitration.
498
Wandiga, S.O. (1996) “Impact of Industries on the Environment” a paper presented at a forum on Industries
and Enforcement of Environmental law in Africa. Industry Expert Review. Environmental Practice, sponsored
by UN DP, P. 20.

114
 Cement industries are a major source of air pollution in Africa in general and
in Cameroon in particular. In Cameroon the cement factory is called CIMENCAM.
There are two branches in number; one is found in Douala, the Littoral Region and
the other found in Fuigil in the North Region. These two companies produce many
tons of dust a year. For instance, in 1993, before the Figuil Company introduced
mitigation measures, the factory produced 8,000 tons of dust accounting for 84.5 %
of all the suspended particulate matter while CIMENCAM in Douala produced 95,000
tons accounting for 93 % of all suspended particulate matter. 499
In other African countries such as Nigeria cement factories also pollute the air.
For instance, there is a cement factory located in a town called Nyandev, in Central
Nigeria. It is disturbing to note that, for more than three kilometres around the
company’s production plant, the entire vegetation belt has been completely
destroyed by dust emanating from the factory in the area. 500 A careful study of the
situation in the other cement production factories across Nigeria such as the Makurdi
Cement Factory in the Benue State and that in Sokoto State, called Sokoto Cement
reveal the same situation.501
In addition, stack fumes from industrial establishments, engender nauseating
odours and their physical spread often disturbs the nostrils. For example, driving
through the Bonaberi neighbourhood in Douala is an ugly experience because of the
nauseating smells emitted from the industries located in the region. There is a large
tobacco processing plant in Cameroon located at the Bastos neighbourhood in
Yaoundé. It has been a source of nauseating odours to its neighbours. This plant
was processing wet tobacco which involved the use of hot air to dry the tobacco.
Today, the plant only distributes and sells cigarettes, it does not process them
anymore.

2.5.2.7 Incinerators
Incineration is the act of burning especially waste to ashes. The burning of
wastes is a serious source of air pollution particularly in big cities. For example, in
the United States of America, hospitals incinerate an astounding array of waste,
including old bandages, soiled beddings, used syringes, contaminated plastics and

499
Better Air quality in the Cities of Africa, op.cit p. 80.
500
Fagbohun, O and Simpson, S, op. cit p. 68.
501
Ikoni U.B S op.cit. p. 24

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pathogenic remains like blood, body parts and animal carcasses. 502 Medical wastes
volumes have increased with the advent of AIDS, mainly because medical personnel
are protecting themselves with elaborate assortment of disposable garments and
shields mostly made from plastics. Indeed, disposability has become the standard for
almost any conceivable medical item from syringes and bed linen. The problem is
the quality of incineration. Most of the 6,000 incinerators 503 of medical facilities
throughout the United States of America are rudimentary by today’s standards. They
burn wastes incompletely, thereby causing emissions of acid gases, heavy metals,
toxic organics dioxins that can be 10 to 100 times 504higher than those from municipal
waste incinerators.
In Cameroon, there are health care wastes incinerators scattered all over the
country.505 The incinerators are mainly low temperature incinerators with only a few
attaining high temperatures. They are a source of pollution in the country.
The act of incineration violates the already discussed Section 21 of the Code.
The question is, does it mean incineration should not be carried out at all or should it
be reduced because the society cannot do without it? This cannot be banned
completely anywhere in the world. There must be a tolerable level which if exceeded
an action can then be brought.

2.5.2.8 Sand and Quarry Industries

In Cameroon, there are many quarries and sand exploiting firms which
produce enormous amounts of particulate matter especially dust. Where the dust is
“excessive”, the company is punished. The question is how to determine what is
“excessive” This is a value judgment which depends on the workers of the Ministry of
the Environment, Nature protection and Sustainable Development. What might be
excessive to them might be tolerable to some people and what is tolerable to them
might be excessive to some people. This subjective approach is wrong. In our view a
standard should be set which is lacking in the Code. This will solve this problem of
subjectivity. In the matter between KETCH v MINEP,506 kETCH was accused of
502
Raven et al, op cit p. 429.
503
Ibid.
504
Sands, p op.cit p. 350.
505
Plan National de Gestion de l’Environnement au Cameroun, Analyses Sectorielles, vol, II sponsored by the
then MINEF, UN DP and the World Bank, Yaoundé, February 1996, p. 50.
506
Case no. 0016/pv MINEP/DPEF/SPE of 20th/6/04(Unreported).

116
exploiting a quarry without carrying out the requisite environmental impact
assessment.507 The end result was the production of an enormous quantity of dust
which polluted the air. KETCH was then slammed a penalty of five million
(5,000,000frs) francs as punishment for this act in accordance with Section 79 of the
Environmental Code. The main criticism advanced against this decision is the
quantum of damages levied against the defendant. Five million francs is too small to
deter a big company like the defendant from repeating the same offence.

2.5.2.9 Garages
For decades now, there has been a high demand for metal grills in big cities.
This had led to the proliferation of small metal factories. 508 Most of the cars in
Cameroon are second-hand and therefore need regular check-up. This has led to
the location of garages in almost every neighbourhood even residential areas.
Recycling activities (from scrap iron) are many in urban centres. Such economic
activities entail a lot of welding which gives off gases that pollute the air. Pollution as
has already been seen is forbidden by the Code. 509 Thus in the matter of M.
NGUENTA Mesmine v MINEF,510 the defendant, Mr. NGUENTA owned a garage in
the Bastos neighbourhood in Yaoundé. Pieces of metal and scraps of old vehicles
were dumped in the surrounding causing land pollution. The air was also polluted
because of the smoke and gas given off when weldering was done. The offence was
aggravated because Bastos is a residential area. The defendant was accused of
violating the Code and therefore was levied a fine of 2,500,000frs. He was also
instructed to move the garage from that neighbourhood.
A garage should not even be located in a residential area because of the air,
noise and land pollution it can cause. This decision by the Minister of the
Environment should be applauded. The fine levied on the defendant is equally
welcomed because it can achieve the most desired deterrent effect. Two million five
hundred thousand (2,500,000) frs is quite heavy on an individually owned garage.
The lesson here is that those carrying out their normal occupation should take steps

507
This principle means that before an activity is carried out in the environment the impact (risk) of that activity
must have been carried out. See Section 17 to 20 of the Environnemental Code.
508
Nana, S (2000) «  Gestion de l’Environnement Urbain au Cameroun. » Rapport sur l’Atelier de Formation
REDDA-Cameroun du 7 au 8 Septembre p. 52.
509
See Section 21 of the Environmental Code.
510
Matter No. 07/pvi/MINEF/DPFE/Spe of May 2002(.unreported)

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not to violate the law in that process .This is supported by Section 22(1) of the Code
which provides that:
In order to avoid atmospheric pollution, buildings, agricultural, industrial, commercial
and cottage industrial establishments, vehicles or other movable objects possessed,
exploited or owned by any private individual or corporate body shall be constructed,
exploited or used in a way as to meet the technical norms in force or established in
application of this law or special instruments.
Garages fall within the definition of “cottage industrial establishment”. They are
permitted to operate so long as they operate in a way that does not pollute the
atmosphere so long as they are exploited in a way as to meet the technical norms in
force or established in application of this law or special instruments. The latter part of
this section is not clear. What does “… to meet the technical norms in forced or
established in application of this law or special instruments” mean? It is submitted
that lack of clarity in this phrase will inevitably pose a problem of implementation

2.5.2.10 Construction works

Most towns in Cameroon are growing very fast. This has provoked a lot of
construction works.511 Unfortunately, the site where these constructions works are
carried out are not protected because they do not respect or obey any rules and
regulations. This has made dust and particulates to drift freely into the air causing air
pollution. Two reasons account for this. Firstly, Section 22 (1) of the Environmental
Code is supposed to regulate the mode of construction in order to prevent or reduce
pollution but as already observed the problem of interpretation makes it difficult to
enforce. Secondly, the Town Planning Law 512 does not state how constructions
works should be carried out in order to prevent pollution.
Many Jurists513 argue that it is difficult, if not impossible, to prevent
construction works from polluting the air. This is however not wholly true. For
instance, the use of materials that produce less or very little dust particles can
significantly reduce the amount of emission from construction sites. Secondly, the
time of the day during which the construction works should be carried out should be
chosen as obtain in Britain. 514 For example, construction works done in the early
511
Guiffo, J.P. (2007)  Le Droit de l’Urbanisme et de la Construction au Cameroun , Edition de L’Essoa, p. 182.
512
Law No. 2004/003 of April 4, 2004 regulating Town Planning in Cameroon.
513
See for example Adegoke, A. (1997) “The Nigerian Environment Current Policies and Direction” The Diet
Post, Thursday, October, 2 p. 17.
514
Lowton, R.M (1997) Construction and the National Environment 1st Ed. Published by Butterworth
Heinemann, P. 53.

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hours of the day and night does not produce much dust because the air is cold and
does not move fast. Hence, such a provision should be enacted in the Town
Planning Law and the Environmental Code. This will reduce air pollution to some
degree.

2.5.2.11 Smoking
This is another cause of air pollution. Most people smoke because of prestige
and glamour and others because of addiction. 515 Smoking in public places has been
banned in many countries such as Nigeria, 516the US,517and most recently in the
Netherlands.518
In 2004,519 the Ugandan government enacted a law 520 forbidding smoking or
holding a lighted cigarette in an enclosed public place. It also provides that owners of
public places such as lodging bars, restaurants and night clubs are required to
designate rooms in which smoking is allowed. The regulation also imposes
restriction on smoking in public transport vehicles. There is no law banning smoking
in public places and transport in Cameroon. Furthermore, there are no rooms
designated for smokers in restaurants, bars, and night clubs as has been done in
Uganda. That is why smoking in public places is common in Cameroon. This
seriously inconveniences non-smokers found in these places.
In 2006, the President of the Republic of Cameroon enacted a law 521
regulating advertisements. Section 39 (1) of the law bans in the entire Republic the
advertisement of cigarettes and tobacco products by print media, radio, television,
posters and cinemas. This does not in any way discourage smoking in public. For
any person who has been smoking or desires to smoke will still do so. There is no
law yet banning smoking in its entirety or forbidding smoking in some particular
places (such as public restaurants, bars and night clubs) as obtains in other
countries.522 We propose here that such a law should be enacted. This will drastically
reduce air pollution.

515
Lucas, A.O. and Erinnosho-Francis, A.O. (1974) “Smoking and Health in Nigeria”: WHO Expert Committee
on Smoking and its Effects on Health. WHO: Geneva P. 20.
516
This ban is carried out by the Smoking Control Decree, Section 12. For more details see Ikoni op.cit p. 203
517
Cunningham P and Saigo W D. Op cit p. 402.
518
www.cnn.com.goinggreen, 1st July 2009.
519
Ibid.
520
National Environment (Control of smoking in public places) Regulation.
521
Law No. 2006/018/of 29th December 2006 regulating Advertisements.
522
Countries such as Holland, Uganda and the US. For more on this see www.cnn.com.goinggreen

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 However, in order to protect the population from the danger of tobacco
consumption, the government of Cameroon has indicated to the entire nation that
“tobacco seriously damages people’s health and that of those around them”. This
follows an order signed by two ministers. 523 According to the order, all packages,
rolls, master’s case or any other packages of tobacco products sold in Cameroon
must carry a health message occupying at least 50 percent of each of the two
principal surfaces with minimal capital character size of 16 in English and French.
Any defaulter of this order shall be subject to sanction and penalties as provided for
by the law and regulation in force.
Cameroon has ratified the Anti-tobacco and Anti-Smoking Convention,
adopted in Geneva-Switzerland.524 The framework convention specifically states that
in every country the availability of tobacco products should be reduced. Labelling of
the packages of tobacco products therefore is one of the ways of reducing the
availability of tobacco. Once it is reduced, air pollution caused by smoking will also
reduce. It is specifically required of countries that the labelling should state exactly
what tobacco can do to people and the components that are in tobacco products.
Hence, Cameroon decided to produce a new label and make it available to people
and stress that the packaging should be observed nationwide. That is why the
Ministry of Public Health designed the packet that now states that, not only is
smoking dangerous to the smoker, but also to people in their surroundings. What is
worth noting is that, in Cameroon there is concern for both groups of people. The
state cares for the smoker and also for the non-smoker who is made to smoke
involuntarily by the smokers around them. It is double protection. The new packaging
is bilingual. Any company that does not label in both languages violates the law. The
administration has the duty to see to it that the two languages are printed on the
pack.525
The World Health Organisation Framework Convention (WHO, FCTC) 526
ratified by Cameroon,527 is a global public health treaty aimed at reducing the burden
of disease and death caused by tobacco consumption. Tobacco experts 528 say, it is a
523
This Order was signed on June 25th 2007 by the Minister of Public Health and the Minister of Commerce
relating to Health Warning on Packaging of Tobacco Products. The Order took effect on the 1st of July 2008.
524
This Convention was adopted in 2005 which is observed world wide.
525
Cameroon Tribune No. 9/30/5329, of 35th year. Tuesday 1st July 2008, publisher, Marie Claire Nana,
Available at www.tribune.net at p. 11
526
The Convention was adopted in Geneva Switzerland in 2003.
527
It was ratified in Cameroon on the 20th of July 2005.
528
Dr. Florel Ndem Biyembe, is a permanent Secretary of the National Committee to fight drug in Cameroon.

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great achievement in the fight against tobacco consumption in the world in general
and Cameroon in particular. If this convention is effectively implemented as is
already being done with regard to cigarette adverts and the labelling of packages,
then things will change. This is doubtful because writing on a cigarette packet that
smoking is dangerous to the smoker’s health may not necessary reduce or stop the
smoking habit entirely for a number of reasons. Firstly, most smokers do not buy
cigarettes in packets and therefore may never have the opportunity to read what is
written on it. Secondly, some smokers are illiterate and so cannot read or write.
People of this calibre will not be able to know what is written on a pack. Lastly, even
those who can read or write do not bother to read what is written on a cigarette
packet. Even those who read what is on the pack do not bother. Some say they have
smoked for 10, 20, 30 even 40 years without any effect. 529 So people who have
beliefs like this are difficult to be convinced in order to kick the habit of smoking. We
believe that the best thing to do is to ban smoking completely and equally close
down all cigarette-producing and even naive companies. For instance, a cigarette-
producing company was closed down in Nigeria located in a village called Osu 530.
This will reduce smoking because as a smoker does not see the tobacco he or she
will forget about smoking. It is often said that what the eye does not see the heart
does not desire. On the other hand, if these industries are closed down,
unemployment will rise, and our tax revenue will drop because the cigarette
companies pay taxes to the government. It is a double edged sword. It is therefore
left to the government of Cameroon to choose between the health of its citizens and
money. It will be unreasonable or unhealthy, if she chooses money, because without
people there can be no nation.
A prominent cardiologist531 posits that, the public should be sensitized about
the effects of smoking to smokers and to the people surrounding them. To him this
will discourage smoking because the latter will be aware of the causes of smoking on
them and that of the people around them. He does not believe that cigarette
companies should be closed down. Smoking to him, is a choice and people have

529
This researcher interviewed a lot of people of almost all walks of life in Yaoundé, Douala and Bamenda who
smoke and arrived at the conclusion discerned in this research.
530
Cameroon Tribune op.cit. p.12 See also Marrin A (2007) ‘‘Golden leaf and the Dark Continent”; The
Tobacco observer p. 8.
531
Muna, Wally, is a Cardiologist and former Director of the Yaoundé General Hospital. He is presently the
head of the Anti-tobacco Commission in Cameroon. This chat with him took place on the 20th of June 2009.

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choices in life. Mr “A” can decide to take a toxic substance despite the fact that he
knows that it is toxic, so it is his choice. It is the same with smoking.
To conclude, smokers should be sensitized about the consequences of
smoking. At least it is a step ahead because we have to start from somewhere.

2.5.2.12 Insecticides and Pesticides

The main cause of pollution is attributed to human population–growth. It is
postulated that with more people, there will be more sewage, more solid waste, more
fuel being burnt, more fertiliser and insecticides being used to produce more food.
Domestic sanitation cannot be complete and effective when there is careless and
ceaseless use of pesticides. Pesticides can be useful in improving crop yields, and
also in controlling pests at home. A pest is any unwanted organism that directly or
indirectly interferes with human activities. 532 Those that affect human wellbeing are
generally vectors and rodents. Vectors include insects, ticks and mites, while rodents
include all the animals in the rat family such as mice.
Pesticides are mainly employed to prevent the negative effects of these
pests on people. The effects include yellow and malaria fever and filariasis caused by
mosquitoes, tularaemia caused by ticks, mites and biting flies, epidemic typhus and
relapsing fever caused by lice, salmonelloses and enteric diseases caused by house
flies and cockroaches respectively. Maurine typhus and bubonic plague caused by
rat urine and faeces may be included. Due to these negative effects of the presence
of pest in the house, there is need to prevent their presence.
However, there is considerable evidence that their widespread use can have harmful
effects on wildlife, ecosystem structure and function, and human health. Their over-
use can even lead to increased crops loss and resurgence of diseases and pest 533.
Air pollution caused by pesticides and insecticides cannot be avoided
because as the world population in general and that of Cameroon in particular grow,
more food is needed to feed it. This objective is hardly achievable without combating
pests that attack crops and their yield. After spraying crops with pesticides, the liquid
evaporates in a gas form and gives off a bad odour and an irritating smell which
pollutes the air. There might be nothing mankind can do for now to prevent this,

Ikoni, U.D op.cit p. 101.

532

For details see Taylor,M.G.(1984) Environmental Sciences: An Introduction.1st Ed.Belmont

533

California,Wadswork Press P.65

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because there are no pesticides yet which do not have an odour. Except scientist will
work harder to produce pesticides which will have no foul smell.
It is noteworthy here that no matter the laws enacted, such as those enacted
in Cameroon,534 it cannot prevent pollution from pesticides except the use of
pesticides is stopped. If it is stopped the consequences will be enormous because
there will be shortage of food in the world. Famine will be rife. It is a necessary evil
as Bender postulate in his article. 535We just have to bear it. For instance, section
19(i) of the Photo sanitary Law536 provides that:
Chemical treatments must be effected in compliance with good agricultural practices
stipulated by the competent authority, with a view to preserving the health of humans
and animals and protecting the environment from the hazards caused by the
presence or the accumulation of residence of photo sanitary product.

An interpretation of this section discloses that, if the pesticide is well administered it

will preserve health and protect the environment. This is not possible when it
concerns air pollution537 because how can an odour which is air be controlled? As we
said earlier the only solution is to stop using pesticides which is not possible for the
reasons already advanced above. The only proposal is that scientist should work
harder and produce insecticides which are odourless. 538 This will solve the problem of
air pollution caused by insecticides and pesticides

2.6 Aesthetic Pollution.

Most pollution can be measured by the amount of a particular chemical in
water, air or soil. Scientists measure these amounts and their effects on human,
animal and plant health. But some forms of pollution affect aesthetic senses and so
are more difficult to define.
Visual pollution is a sight that offends man. This type of pollution is highly
subjective and is therefore difficult to define or control. To most people, an open
garbage dump is a form of visual pollution. A typical example is seen in most of the

534
See Law No. 2003/003 of 21 April 2003 regulating Photosanitary Protection.
535 ?
Baender, M (1991) “‘Pesticides and Precaution: The Bamako Convention as a model for an International
Convention on Pesticide Regulation”’ 24, New York University Journal of International Law and Policy 557, p.
60
536
Ibid.
537
It should be mentioned here that section 19 cited above can be applicable when it concerns water and land
pollution because non toxic pesticides can be used even if they dissolve in water or are deposited on the land but
not odour. The odour might not be toxic but is certainly irritating.
538
Bagwell, D.A. (1988) “Hazardous and Noxious Substances” 62 Tulane Law Review 433 p. 75.

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garbage dumps rotting away in Douala, Yaoundé, Bafoussam and Bamenda among
others. Some of these garbage dumps are left in the streets for days before they are
carried away by the companies that clean the town. The sight of these decomposing
dumps is horrible to the eyes, let alone the smell or stenches they emit.
A dilapidating building may also be offensive especially if located in an area
containing congested houses. This is common in many neighbourhoods of towns and
cities of Cameroon.539 A heavily littered street such as obtains in the Douala and
Yaoundé towns especially during rush hours is aesthetically offensive to most
people.
To many people road-side bill boards, a glove of street lights, electric power
transmission lines, neon sight as found in big towns are offensive. Despite these
problems, they can be helpful to advertisers and to people looking for information.
The difference of opinion is typical when it comes to judging aesthetic
pollution. People do not always agree on what is offensive. This makes the regulation
of aesthetic pollution difficult.
There is no law regulating aesthetic pollution in Cameroon. The Environmental
Code does not address it. Section 21 of the code only governs odour, smoke,
corrosive or radioactive dust. The question that demands an answer is, what is to be
done as regards aesthetic pollution? Should it be tolerated because there is no law
regulating it? The answer is not in the affirmative. This is certainly a lacuna in the
Environmental Code.
Furthermore, the councils which issue permits to individuals or cooperate
bodies to plant these billboards do not address the pollution aspect of them. What the
councils do is to grant authorisation after paying a tax for them to be installed. 540 The
pollution aspect is neglected. This accounts for the increase of visual pollution in
Cameroon. We therefore submit here that the Environmental Code of Cameroon
should be revised and a section to regulate aesthetic pollution added to it. 541
Taste is another subjective area. Some of the chemicals discharged into water
ways have a definite taste. If chemicals cause no biological injury but have an

539
Such as Mvog Ada and Briqueterie in Yaoundé ,Mabanda and New Bell in Douala. In Bamenda we have Old
Town and Swine Quarter among others.
540
See Section 17 of the 2004 law regulating Councils in Cameroon.
541
As obtain in Nigeria as Section 17(1) (b) of her Federal Environmental Agency Act of 1988 states. For more
on this see Sada, P.O (1988) Environmental Issues and Management in Nigerian Development 1st Ed., Evans
Publishers Ltd, Ibadan, p. 103.

124
unpleasant taste, they are taste pollutants. Minute quantities of certain chemicals can
affect the taste of drinking water and food.
The Explanatory Bill that lays down Regulations Governing Water
Resources542 states in its Section 2 that “one of the aims of this is to prohibit the
dumping of all types of waste, especially industrial, agricultural and atomic waste
likely to affect water quality, public health, wildlife or plant life”. This is spelt out
clearly in section 4 of the water law. 543 Section 5 of the same law provides that “a
decree to implement the water law shall fix the list of toxic or dangerous substances
which may not be discharged, dumped directly or indirectly in water or which shall be
subject to prior authorisation”. It is known that the implementation decree of this law
is still awaited, which makes it difficult to implement. Apart from the fact that the text
of application is not yet available, the same section states that a list of chemicals
which should not be dumped into water will be provided. The problem raised here is
that, what if the list is not exhaustive? What will be the end result if a poisonous
chemical not listed in the list is dumped into water? What will happen? Will the guilty
party be allowed to go unpunished? It is suggested here that the section should
instead read “… any dangerous substance” and not that “a list of dangerous
substances will be given”. This will solve the problem raised above.
Odour pollution may originate from many sources. Various airborne chemicals
have a specific odour that may be offensive. People in Cameroon who live near
stockyards, paper mills, chemical plants, steel mills and other industries 544 may be
offended by odours originating from these sources. Many of these industries
discharge into the environment, waste materials that decompose or evaporate and
cause odour pollution. Thus in the Nigerian case of MKO Abiola v Felix Ijoma,545 one
of the plaintiff’s claim against the defendant was the strong odious smells emanating
from his poultry as a result of excreta or droppings and equally the disturbing sight of
rats, and fleas escaping from the poultry into the house and disturbing his comfort
and impairing his health. The trial judge, Dosunmmu, J, found the defendant liable for
pollution and awarded damages to the plaintiff. This decision was further affirmed in
another Nigerian case of Interland Transport Ltd v J.A. Adeduran and Another. 546
542
See explanatory notes to the Water Law Bill No. 634/PJL/AN infra.
543
Law No 98/005 of 14 April 1998 to lay down regulation governing Water resources.
544
People who live in the Bassa Industrial Zone and that of Bonaberi in Douala face this problem because of the
foul smells given off in these regions by the many industries located there.
545
(1970) I All NLR 265.
546
(1986) 2 NWLR.

125
Here the plaintiff brought an action against the defendant. It was a representative
action on behalf of all members of ire-a-Kari Housing Estate Association, Isolo. The
members complained of nuisance caused by the defendant to them in the Estate.
They accused the appellant of violent and disturbing noises, unbearable volume of
dust bringing in undesirable elements into the estate, damage to roads, telephone
poles and water pipes, and making big pot holes on the roads and depositing refuse
around and engine oil in gutters leading to serious odour pollution. The presiding
judge, Ayorunde J, held the appellant liable for air and land pollution and awarded
damages for the pollution. In the English case of R v Secretary of State for
Environment and R-J Compton & Sons, Exp. West Wiltshire DC.547 The defendant
R.J. Compton ran a piggery and carried on a process involving animal by-products.
There were numerous complaints about the smell. The local authority refused the
company’s application for an authorisation from The Local Authority Air Pollution
Control Regime (LAAPC). The company appealed to the Secretary of State, whose
inspector allowed the appeal and granted the authorisation, subject to numerous
conditions. On appeal by the local authority to the high courts, however, it was held
that the inspector had failed properly to apply Section 6(4) of the Environmental
Protection Act 1990.This section states that an application for a process authorisation
cannot be granted unless the enforcing authority considers that the applicant will be
able to carry on the process so as to comply with the conditions imposed. The
inspector had found that the company did not have the necessary management
ability to be able to carry out the process properly, and the court held that this lack of
ability could not be “cured” by the imposition of stringent conditions. The inspector
had therefore failed to justify his conclusion that an authorisation should be granted.
Furthermore in R (on the Application of United Kingdom Renderers Association Ltd) v
Secretary of State for the Environment, Transport and the Regions, 548 the Animal
Renderers Association argued that guidance which recommended the imposition of
an odour condition in Integrated Pollution Control (IPC) Authorisation was unlawful.
The condition was recommended because rendering animal by-products has the
potential to create highly offensive smells. The Court of Appeal, however, took the
view that the recommendation was acceptable, given that it only required the

547
[1996] Env. L.R. 312, [1997] J P L 210 QBD.
548
[2003] Env. LR. 7.

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operator to use the best available techniques not entailing excessive cost
(BATNEEC) to avoid odour.
In the Cameroonian case of HEVECAM v MINEF,549 the defendant was
accused of emitting strong odours containing ammonia into the air. Other odours
were also emitted during the spraying of its palms against pests. This act violated the
Environmental Law.550 The defendant was then asked to pay damages amounting to
five (500.000) million francs according to section 82 of the Code.
From the decisions of these cases it is easy to reach the conclusion that even
though odour pollution cannot be avoided, it is equally punishable.
The Environmental Code states in its Section 60(1) that “the emission of noise
and odours likely to be harmful to human health, excessively inconvenience the
neighbourhood and endanger the environment shall be prohibited”. Once again the
question is which odour is harmful and which is not? The second question is which
type of odour excessively inconveniences the neighbourhood? It seems from a
reading of this provision, that odours that are not harmful or which do not
inconvenience the neighbourhood are tolerated. The problem raise here is how to
distinguish odour that is harmful from that which is not harmful. Again, how do we
know the odours which inconvenience the neighbourhood? This will depend on a
subjective judgement since there is no instrument which can be used to determine
this.
Furthermore, Sub section (2) states that “persons emitting this noise and
odours unnecessarily or without any precaution shall take all the necessary
measures to suppress, prevent or limit their propagation”. The first question that
comes to mind is, when is an odour emitted unnecessarily or without any precaution?
For example, a company which is producing goods that emit foul odours - can we say
it is emitting the odour unnecessarily? For example, a tobacco processing plant
cannot operate without producing odours because the tobacco has to be dried using
hot air. This emits foul smells. A glaring example is the tobacco processing plant in
the Bastos neighbourhood in Yaoundé. A company like that cannot be accused of
producing odours “unnecessarily” and without precaution. This section leaves us in a
confused state because if we strictly interpret it, then all companies which emit
odours will have to close down because they cannot operate without producing

549
Matter No. 004/pvi/MINEF/DPEF/SU/Spe of 15/01/02 (unreported)
550
The act violated Sections 9]acd], 21, 60(1) & (2) of the Code.

127
odours, no matter how meticulous they may be or the precautions they take. We
propose therefore that the way forward should be that, all companies that produce
odours should pay a fine as a social cost or as the consequence of polluting the
atmosphere.
In regard to individuals who emit odours, the Section discussed above should
be steadfastly respected. For example, a person who builds a pit toilet close to his
neighbour’s house has an obligation to fill up the toilet if it is emitting foul smells or
where he operates a small business which fouls the air, he has to pay damages to
the people he inconvenient such as what happened in the case of MKO Abiola
discussed above. However it should be noted that a certain level of odour should be
tolerated in the society for it is almost impossible to live without this problem. Not
every slight annoyance, therefore, is actionable. It is only when the odour is too harsh
or intolerable that Section 61(1) & (2) should be applied. Life in a society is a give-
and-take. Everyone must endure some degree of noise, and smells from his
neighbour, otherwise modern life would be impossible, and such a privilege of
interfering with the comfort of a neighbour is reciprocal. 551 It is repeatedly said in
nuisance cases that the rule is sic utere tuo ut alienum non laedas 552 , but the maxim
is unhelpful and misleading. If it means that no man is ever allowed to use his
property so as to injure another, it is palpably false. 553 If it means that a man in using
his property may injure his neighbour, but not if he does so unlawfully, it is not worth
stating, as it leaves unanswered the critical question of when the interference
becomes unlawful.554 In fact, the law repeatedly recognises that a man may use his
own land so as to injure another without committing a nuisance. It is only if such use
is unreasonable that it becomes unlawful. 555 This is an apt interpretation of Section
60(1) & (2) of the code with regards to individual production of odours

7.7 Effects of Urban Air Pollution

551
Winfield and Jolowicz on Torts (2000), 17th Ed. Sweet & Maxwell, p. 389.
552
The maxim means-use your property so as not to damage another’s ;so use your own as not to injure
another’s property.
553
Branford v Turnley (1962) 3B. & S. 66, 79, 83-84. “Liability is imposed only in those cases where the harm
or risk to one is greater than he ought to be required to bear under the circumstances.” Per Bramwell, B. Weir,
Case Book on Torts, 5th ed, p. 345.
554
The Maxim has been described by Erle J as an “ancient and solemn impostor:” Bonomi v Backhouse (1858)
E.B. & E. 622. 643 see also comments of the same Judge in Brand v Hammersmith Ry (1867) L.R. 2QB 223,
247. Holmes, Harvard Essays, 162, 164 remarked that the “maxim teaches nothing but a benevolent yearnings”
555
Winfield & Jolowicz op.cit p. 318.

128
 We have looked at the major types, causes and sources of air pollution. We
will now turn our attention to the effects of those pollutants on human health, physical
materials, ecosystems and animals.
At this juncture, it is important to mention that, the effects of air pollution are
sometimes not limited to a town or single country. They sometimes cross
international boundaries. This is what happened in the landmark case of Trail
Smelter,556 the facts of which were as follows: Canada constructed smelting works in
its territories which gave off sulphur fumes. This gas caused serious damages to
crops, trees and pasture in the United States .The US petitioned to the International
Tribunal of Arbitration which led to what has been described as “a crystallising
movement for international law”.557 The tribunal held that, under international law:
No state has the right to use or permit the use of its territory in such a manner as to
cause injury by fumes in order to the territory of another or the properties or persons
therein, when the case is of serious consequence and the injury if established by clear
and convincing evidence.

Thus, from the facts of the case it is discernible that pollution caused in
country “A” can affect country “B”, and if this happens and an action is brought by the
affected country, damages are normally awarded as seen in the case.

2.7.1 Effects on Human Health

The magnitude of damage to health from air pollution depends on the toxicity
of the pollutants, (the concentration to which people are exposed) and the duration of
the exposure. Hundreds of deaths are directly related to poor air quality in many
cities. An example is what took place in the city of Douala, in the year 2006 where
Brasseries du Cameroun558 dumped its waste in a neighbourhood which seriously
polluted the air. This resulted to the death of one person and left a few ill. 559 Equally
of note is the incident that occurred in Cote d’Ivoire where a ship of Dutch ownership
called Probo Koala dumped toxic waste at the sea shore of Cote d’Ivoire. This led to

556
(1941) 3RIAA 1905 (USA v. Canada).
557
Sands, P. op.cit. p. 318
558
A company producing mineral water called Source Tangui
559
See the Herald No. 1875, Yaoundé Cameroon, Monday 12th June 2006 p. 7.

129
the death of eight people and left more than 77,700 seriously injured. 560 The scandal
led to the resignation of the then Prime Minister 561 of this country.
The United Nations estimates that at least 1.3 billion people around the world
live in areas where the air is dangerously polluted. In the Black Triangle Region of
Poland, Hungary, the Czech Republic and Slovakia for example, respiratory ailments,
cardiovascular diseases, lung cancer, infant mortality and miscarriages are as much
as 50% higher than in clean parts of those countries. China city-dwellers are four to
six times more likely than country folk to die of lung cancer. 562
As mentioned earlier, the greatest air quality problem is often in poorly
ventilated homes in poorer countries such as Cameroon where smoky fires are used
for cooking and heating because most cannot afford electric stoves. 563 Thousands of
women and children spend hours each day in these unhealthy conditions in
Cameroon. The World Health Organisation (WHO) estimates that four million children
under 5 years die each year from acute respiratory diseases exacerbated by air
pollution.564 Air pollution which results from lead gas is very poisonous. In an extreme
case, it can kill. A vivid example of high lead gas poisoning is found in Kabwe, a lead
mining town in the Republic of Zambia. It is one of the highest in the world. This lead
gas has led to the death of many Zambian people and children. 565
Where there are many sign boards, vision is blurred in the afternoon. Dense
lights from cars in the night are also a big problem because they render night driving
extremely difficult.

2.7.2 Effects on Plants

In Nigeria, the area surrounding the Benue Cement Factory located in
Markurdi, is covered with cement dust. Trees and grass in this vicinity are also
covered by dust.566 The air around this region is constantly white and polluted making
plant growth and human breathing difficult. People who live in this area are

560
“ Ivory Coast Toxic Waste: The Global Path of Pollution Analysis’’. By Richard Black, Environmental
Correspondent, BBC News website (Abidjan)
561
The Prime Minister who resigned is called Konan Banny.
562
Cunningham, P. & Saigo, W. op.cit. p. 408.
563
The Courier: The Magazine of ACEP- E.U Development Cooperation No. 193, July-August, 2002. p. 65
564
Ibid.
565
BBC Focus on Africa Magazines, July-September 2002, 50th Issue p. 56.
566
Simpson, O & Fagbohun, S op.cit p. 72.

130
susceptible to lung cancer. The same situation prevails in the region covered by the
Sokoto Cement Factory in the north of Nigeria.567
In Cameroon, the vegetation surrounding the Oil Refinery Company,
(SONARA) in Limbe is adversely affected by air pollution caused by the constant
burning of the gas escaping from the refinery. The Douala and Figuil cement
factories produce cement dust which settles on the grass and trees. This affects the
vegetation because it makes it difficult for photosynthesis to take place. This can
cause plant death.568

2.7.3 Effects on Animals and Birds

In tropical environments in general and in Cameroon in particular, pest and
disease management are integral parts of sustainable land management. The
excessive use of chemicals to reduce the impact of pests and diseases, and improve
plant food on the soil may contaminate both the products and the environment.
Part of the vicinity of the coastal zone of Cameroon is dominated by activities
of the Cameroon Development Corporation (CDC) which uses large quantities of
chemicals ranging from insecticides, herbicides, fungicides and fertilizers to spray its
plantations and enrich the soil 569. These chemicals when dissolved in water can
poison fish, oysters, shrimps and crustaceans. If pollution in this zone is not checked
it may lead to the depletion of these rich sea foods.
These sprays also kill birds and some wildlife especially those in the area
covered by these plantations. Small animals like rats, are affected because the
chemical poisons the air and make breathing difficult. Birds that live in this region are
also affected negatively because the insecticides drastically reduce oxygen when
sprayed into the air.570

2.7.4 Acid Rain

Recently, acid rain has become a significant environmental problem in
developed countries and fast infecting developing countries in the threshold of
industrialisation.571 The deleterious effects of acid rain to soils, vegetation, aquatic
567
Ibid.
568
Lambi, M.C op.cit p. 101.
569
Ibid.
570
Ibid.
571
Bank; N.D. and Saunders, J (1984) “Acid Rain: Multilateral and Bilateral Approaches to Transboundary
Pollution under International Law”, 33, University of New Brunswick Law Journal p. 155.

131
life, and also some monuments and buildings are of concern. 572 Acid deposition, acid
precipitation, or acid rain is caused by the emission of sulphur dioxide and nitrogen
dioxide from the combustion of fossil fuels in power stations and in car engines, when
they combine with atmospheric water vapour. Natural sources, such as volcanoes,
emit sulphur dioxide to the atmosphere but their contribution is minimal. The acidity in
acid rain is usually caused by gaseous pollutants. These pollutants include nitrogen
dioxide, sulphur dioxide and acid aerosols such as sulphuric acid, nitric acid and
hydrochloric acid. The oxides are often discharged into the atmosphere from
stationary sources such as smelters, commercial and industrial power plants, private
houses, incinerators and certain chemical processes. 573 For example, in the Cap
Limbo region where the oil refinery is found in Cameroon, acid rain evolution from
sulphuric acid is high. The same effect is expected in industrial cities like Douala and
Yaoundé. Equally in Nigeria, in the Niger Delta region where oil drilling and flaring
activities are on the increase and where the chemical fertiliser production plant is
situated (at Onne Port Harcourt), acid rain evolution is very high because of the
presence of sulphuric acid in the atmosphere.574
Acid rain has negative effects on human health, crops and forest. It disfigures
buildings and monuments and equally changes the ecosystem and biodiversity. 575
With increased acidity, fish fertility decreases-eggs do not hatch. Some
species cannot survive on a continuing basis. The end result is a gradual loss of fish
and other aquatic lives. 576A typical case in point of the effects of acid rain on buildings
in Cameroon is seen in Batoke, Limbola and Mukondange villages in Limbe Sub-
division in the South West Region where the oil refinery is located.

2.7.5 Global Warming or Climate Change

A new environmental concern has become predominant over the last 10
years, although it was barely in the consciousness of politicians or the public 20
years ago. This is climate change-the warming of the earth which is one of the results
of air pollution. The likely physical and social consequences of climate change, and
572
Ibid.
573
Okorududu-Fubaru, M.T. (1996) Environmental Policy Development at State and Local Government Levels
Nigeria-Laws, Regulations and Institutions, 1st Ed. Published by Obafemi Awolowo University ILE-IFE, P. 72.
574
Ibid.
575
Boyle, H.R. and Boyle, R.A. (1983) Acid Rain, 1st Ed. Nick Lyous Books, Schockon Books, New York,
USA, p. 50.
576
Robinson, J.N.S. & Deono, P.M. (1986) “Acid Rain: The Effects of PH Aluminium and Lead Decomposition
products of Fish Survival, International Laboratory”, 1st Ed. New York press, p.50.

132
the universal nature of those consequences, have made it the single biggest global
environmental concern.577 Compared with other environmental issues, it is high on
the international political agenda. International laws on the subject, in particular the
Kyoto Protocol of 1997 and the United Nations Framework Convention on Climate
Change of 1992, are perhaps some of the environmental laws best known to the
general public. These laws have been highly influential in setting the domestic
agenda for Cameroon’s578responses to climate change because, as we shall see,
these international laws have in recent times sought to demand from states
compliance with some quite specific and difficult obligations.
Houghton posits that “the phrase ‘global warming’ has become familiar to
many people as one of the important environmental issues of our day. Many
opinions have been expressed concerning it, from the doom laden to the
dismissive”.579 What then is climate change? The basic principle of climate change is
simple. Several types of gases can reflect or trap heat, and so cause the world to
warm up, as if a blanket had been wrapped around it, or as if it had been placed in a
greenhouse (hence the so called “greenhouse effect”).The gases include carbon
monoxide, methane, chlorofluorocarbon (CFC) gases, ozone, water vapour and
nitrous oxide (laughing gas). These are known as “greenhouse gases”. Carbon
dioxide is the main contributor to the greenhouse effect.
Climate change has become one of the most controversial and “politicised”
environmental issues. Media around the world are awashed with stories of climate
change which has become the buzz word in almost every contemporary discourse. 580
Several development agencies are actively engaged in programming for climate
change. Even faith-based organisations are not left out of the climate change
discussions.581 Experts have at various times declared climate change the greatest
human tragedy in history and one of the market failures the world has ever seen.
Many people consider it worse than the current threat of terrorism that is plaguing the
world. Fewer issues have captivated or polarised scientists in recent times as the
issue of climate change. A long debate over the causes and potential impacts of
577
Ikoni,U D op. cit p.39
578
See section 24 of the 1996 Environmental Code of Cameroon which states clearly that, “to protect the
atmosphere the competent administration in charge of the environment and the private sector shall take
measures geared towards implementing the Montreal Protocol and the amendments relating thereto”.
579
Houghton, J (1997) Global Warming 2nd Ed. Published by Cambridge University Press, p. 42.
580
African Business, a pan African Business Magazine. An IE publication No. 376. June 2011 p 42.
581
Common Wealth Broadcaster (CBA). A Magazine of the Common Wealth Broadcasting Association issue
166, January-March 2010. p.4.

133
climate change ranges between those termed “climate alarmists” and those labelled
“climate sceptics.” It is also an issue that has set developing countries against most
developed ones. The developing nations have accused the industrialised countries of
causing global warming without accepting the responsibility to clean up their acts
within the shortest possible time.582
At the moment, US policy on climate change is to focus on the development of
clean technologies, whilst largely continuing with “business as usual” 583. The US does
not intend to give its support to the main piece of international climate change
legislation–the Kyoto Protocol as former American President George W. Bush has
put it:
The approach taken under the Kyoto Protocol would have required the
United States to make deep and immediate cuts in our economy to meet a
habitual target. I will not commit our nation to an unsound international treaty
that will throw millions of our citizens out of work.584

By contrast, EU policy is both to develop new technologies and to seek

the reduction in emission of greenhouse gases demanded by the Kyoto
Protocol.585
The contribution of developing countries to historic and current
emissions of greenhouse gases (GHGs), has been less than that of the
developed world.586 Developing countries, Cameroon inclusive, are therefore
currently subjected to less onerous international obligations than the developed
world. However, other emissions are growing, and a decision will soon need to
be taken whether to strengthen their contribution to combating climate change.
Such a decision is likely to be controversial because they may argue that they
should be entitled to the same right to develop at the environment’s expense
that was enjoyed by the developed states (or at least to monetary
compensation for foregoing that right). Meanwhile, the impacts of climate

582
“Climate Change and Africa.” Are we doing Enough? Research News. The African Economic Research
Consortium Nov. 2010. No. 12 p.5.
583
Ibid p.10
584
George W. Bush. February 2002 announcing the “clear skies and global climate change initiative.”!
President Bush goes on to say “… yet we recognise our international responsibilities. So in addition to acting at
home, the United States will actively help developing Nations grow along a more efficient, more
environmentally responsible path”
585
Churchill, R and Freestone D. (1991) “International law and Global Climate Change,” American University
Law Journal of International Law, 220. p.10.
586
Ibid.

134
change will be felt most in the developing States. 587 This is not only because
their arid terrain is likely to be affected more than land in the developed world,
but because their poverty means that they will be less able than the developed
world to take measures to adapt to climate change. 588 All of this means that
drafting, passing and implementing international climate change obligation is by
no means straightforward.
Burning coal, oil and natural gas to heat homes, power cars and
illuminate cities produces carbon dioxide and other gases as by-products.
Deforestation and clearing of land for agriculture also release significant
quantities of such gas.589 Over the last century, gases such as carbon dioxide
and methane have been emitted to the atmosphere faster than natural
processes can remove them. During this time atmospheric levels of these
gases have climbed steadily and are expected to continue their steep ascent as
global economies grow.590 To an extent, the greenhouse effects are desirable
because without them the earth would be too cold. 591 However, the problem
arises because human activity has increased the quantity of greenhouse gases.
592
About 80% of these gases are man-made, whilst about 20 % 593 come from
deforestation and other land changes that have prevented atmospheric carbon
dioxide from being naturally absorbed.594
Approximately 30 to 35% of the carbon dioxide produced by burning
fossil fuels is absorbed by the sea, forest and plants 595 (plant life absorbs
carbon dioxide through the process of photosynthesis). The remainder is added
to the atmosphere, with the effect that the concentration of atmospheric carbon
dioxide has increased considerably from the pre-industrial times to the present

587
The impact is already manifested by increased frequency and intensity of extreme whether conditions in the
form of floods, droughts and heat waves.
588
Africa is taking both medium and long term actions to mitigate the impacts of climate change by choosing a
development path that involves a low carbon foot print. There exist opportunities for reducing the effect of
carbon emission in land use, forestry and energy. For Africa, the main challenge in addressing climate change
lies in mitigation measures, adaptation and climate finance.
589
Osountorun, A (1997) Dimensions of Environmental Problems in Nigeria 1st Ed Ibadan Division Press P. 44.
590
Miller, GT Jr (1975) living in the, Environment Concepts, Problem and Alternatives 2nd Ed, Belmont
California, wadsworth, pub. Co. Inc. P. 78.
591
Kola, O & Edson, M (2010) “Climate Change Surge: Implementing Stringent Mitigation and Adaptation
Strategies in South Africa”, Journal of African law vol. 54 No. 2, P. 160.
592
Muller, G.T. Jr. Op.cit p.79.
593
Ibid
594
Lomborg, B (2001) “The Sceptical Environmentalist: Measuring the Real State of the World” 1st Ed
Cambridge University Press, p. 258.
595
Ibid.

135
day. This in turn has led to an increase in the earth’s temperature known as
anthropogenic greenhouse effect. Over the course of the twentieth century, the
earth has warmed up by about 0.6ºC, 596 largely due to increased greenhouse
gas emissions from human activities. The projected increase in global
temperature ranges between 1ºC to 3.5ºC by the end of the next century. 597 It is
important to recognise that, although a small increase in the average
temperature of the earth may seem trivial, this increase could get in motion
changes that could significantly alter the climate of major regions.
The climate changes expected from global warming are likely to have
wide effects, many of them negative on ecological system, human health and
socio-economic sectors. In general, people in developing countries are more
vulnerable to climate change because of limited infrastructure and capital and
greater dependence on natural resources. 598 While the specific consequences
resulting from global warming will continue to be debated, areas of concern
include worsening human health effects, rising sea levels, disruption of the
water cycle, changing forest and natural areas and challenges to agriculture
and food supply.

2.7.5.1 Effects of Climate Change

For the sake of clarity the effects have been sub-summed under sub-
headings.

2.7.5.1.1 Disruption of the Water Cycle

Among the most fundamental effects of climate change are intensification and
disruption of the water cycle. Droughts, floods, water quality and quantity are the
areas of particular concern. Intensification of the water cycle will produce more
severe droughts in some places and floods in others. Such events are costly.
Damages from the droughts in the southern plains of the United States in 1996 were
estimated at four (4) billion dollars, and for the 1993 Mississippi River Floods
damages stood at ten (10) billion dollars.599

596
Lomborg, B (2001)”The Intergovernmental Panel on Climate Change, third Assessment Report 2001”.
597
Ibid.
598
Ogundare, JO (1972) “The Development of Environmental Law and Policy in Africa”, Natural Resources
Journal, Vol. 12 p. 12
599
Raven, H.P. and Berg LR. Op.cit. p. 440.

136
 Regarding the issue of water quality and quantity the areas of greater
vulnerability are those where the quality and quantity of water are already problems
such as the semi-arid and arid regions of the world. Water scarcity in the Middle East
and Africa is likely to be aggravated by climate change which could increase
international tension among countries that depend on water supplies originating
outside their borders and this can lead to water wars with severe economic
sanctions.600
In Cameroon, Lake Chad has shrunk by 90%. It has decreased from about
25,000km2 in 1963 to about 1350km2 today.601 This reduction is a result from a
combination of reduced rainfall, increased demand for water for agriculture and high
temperature.602 Many households in the country that share the Lake Chad Basin
have lost their livelihoods particularly those who depended on fishing. 603 The same
sad story applies to the Victoria Basin where substantial reductions in water levels
have been recorded.604 Also, inadequate rainfall and mass-scale desertification have
divested the northern part of Cameroon. Cameroon’s “Green Sahel” Operation aimed
at combating desertification as did the National Forestry Development Plan is not
achieving its goal because of global warming.605

2.7.5.1.2 Worsening Health Effects

Climate change has an impact on human health in a variety of ways. Warmer
temperatures increase the risk of mortality from heat stress. For example, in July
1995 465 deaths in Chicago were attributed to heat wave with temperatures
exceeding 32ºC day and night. 606 In the Nigerian towns of Sokoto and Maiduguri, 10
people died in 1996 because of very high temperatures exceeding 33ºC. 607 A similar
event occurred in Maroua, the capital of the Far-North Region of Cameroon, where
many people were sleeping out of their houses because of the very intense heat
some years ago.608
600
Research News op.cit p.6.
601
Ibid.
602
Chi,A.M(2004) “Exploring the River Niger Basin and the legal Implication of the 2004 Paris
Declaration”.JURIDIS revue de droit et de science politique.Vol.6,No.60.
603
Nearly 30 million people live in the lake Chad Basin. African Business op.cit p. 43.
604
Research News op.cit p. 6.
605
The Eden Newspaper Wednesday 26th September to Monday 1st October. 2099 Website
www.edennewspaper.com p.9.
606
Raven, H.P. and Berg L.R. op.cit p. 442.
607
Simpson , O & Fagbohun,, S op.cit P.70.
608
See Cameroon Tribune No 88/10/50 70 33rd year, Friday 6th April 2007 publisher Marie Nana, web.
www.cameroontribune.net. P. 14.

137
 Climate change will also aggravate air-quality problems such as smog and
increased levels of airborne pollen and spores that aggravate respiratory diseases
such as asthma and allergic disorders. Because children and the elderly are the most
vulnerable population, they are likely to suffer disproportionately with both warmer
temperatures and poorer air quality as in Douala city.
Diseases that thrive in warmer climates such as malaria, dengue, yellow fever,
meningitis, rift valley fever, encephalitis and cholera are likely to spread due to
expansion of the ranges of mosquitoes and other disease-carrying organisms and
increased rates of transmission. This is common in Douala and the northern towns of
Cameroon because of the heat.609

2.7.5.1.3 Rising Sea Level

Rising sea level erodes beaches and coastal wetlands, inundate low-lying
areas, and increase the vulnerability of coastal areas’ flooding from storm surges and
rainfall. This is exactly what happened in the Far East in the year 2005, called
Tsunami. The sea rose and moved inland destroying houses and killing many
people. The floods of Mozambique and Kenya of 2004 equally caused by the rising of
the Pacific Ocean are still fresh in our minds. 610 Cameroon was lucky not to have
been hit by this sea rise. By 2011, sea level is expected to rise from 13 to 90cm. 611 A
50cm sea level rise will result in substantial loss of coastal land in North America
especially along the Southern Atlantic and Gulf coasts, which are subsidiary and
particularly vulnerable. The land area of some island nations and countries such as
Bangladesh would change dramatically as flooding occurs. The oceans will continue
to expand for several centuries after temperatures stabilise. Because of this, the sea
level rise associated with carbon dioxide level of 1,100 ppm could produce a sea-
level rise of 200cm or even more depending on the extent to which the green land
and Antarctica ice sheets melt.612

2.7.5.1.4 Changing Forest and Natural Areas

Climate change could dramatically alter the geographic distributions of
vegetation types. The composition of one-third of the earth’s forest could undergo

609
Lambi, C..M op.cit p. 46.
610
Research News, op.cit p. 7
611
Thornton, J and Berckwith, S. op.cit. p 150.
612
Ibid

138
major changes as a result of climate change associated with carbon dioxide level of
700ppm. The African Continent is a rich mosaic of ecosystems ranging from the
snow and ice fields of Kilimanjaro to the tropical rainforest of Central Africa to the
Sahara and Namibia deserts. Observable impacts of climate on Africa’s ecosystem
include a 25-35 km south-ward shift in the Sahel between 1970 and 1990, and a loss
of about 5 million hectares of forest per year between 1990 and 2000 largely due to
forest fires which are provoked by climate change 613 (high temperatures). Projections
show that a significant proportion of the animals in many National Parks in Northern
Cameroon are at risk of extinction.614
On the Atlantic seaboard, Cameroon faces the degradation of its coastal
ecosystem due to the sedimentary sand silting, floods and salt water level rise. 615
In the southern part of Cameroon the conservation and eco-friendly
exploitation of the tropical forest poses many challenges on account of the
importance of this sector to the national economy. 616 More than 80 % of Mount
Kilimanjaro’s ice has disappeared since 1912, with about one third melting in just the
last dozen years. At this rate, all of the ice is projected to disappear by 2020. 617
Wetlands such as those in Douala which support about half the waterfowl in
Cameroon are particularly at risk because they could diminish in area and change
dramatically in character in response to climate change. 618

2.7.5.1.5 Challenges to Agriculture and Food Supply

Climate strongly affects crop yields. A carbon dioxide concentration of 55 ppm
is likely to increase crop yields and in some areas by as much as 30 percent, 619 but it
will decrease yields in other places by similar amounts, even for the same crop, as
obtains in the Littoral Region of Cameroon which is the hardest hit. 620 A warmer
climate would reduce flexibility in crop distribution and increase irrigation demands.
Expansion of the ranges of pest could also increase vulnerability and result in greater

613
Research News, op.cit. p.7.
614
Lambi ,C.M.. op.cit p.7.
615
Cameroon Tribune No. 9500/5701, 36th Year Friday-December 18, 2009. web.www.cameroontribune.com p.
3.
616
Ibid.
617
Eldon D and Bradely, F.S. op.cit. p 346.
618
Cameroon Tribune No 9500/57011 op.cit p.3.
619
Lambi,C.M, op.cit p. 45.
620
Ibid.

139
use of pesticides. Despite these effects, total global food production is not expected
to be altered substantially by climate change for there are likely negative impacts.
Agricultural systems in the developed countries are highly adaptable and can
probably cope with the expected range of climate changes without dramatic
reductions in yields. It is the poorest countries which are already subject to hunger
that are most likely to suffer significant decreases in agricultural productivity.
These effects are likely to vary from region to region. In turn, these impacts
may lead to migration by “environmental refugees” and to conflicts over scare water
resources.621 The consequences of global warming would be so great that many are
suggesting we alter our lifestyles regardless of whether the phenomenon is true, just
to be on the safe side. Rainfed agriculture forms the mainstay of most African
economies contributing about 40% of Gross Domestic Product (GDP) and employing
between 22 and 90% of the labour force. 622 The impacts of climate change on
agriculture and consequently on household and national economies are considered.
Furthermore, agricultural production and access to food in many African countries
and regions is projected to be severely compromised by climate variability and
changes. Projected impacts include a substantial decrease in the length of the
growing season in many areas and a substantial reduction in areas that are suitable
for agriculture. Furthermore, the yield potential, particularly along the margins of
semi-arid and arid areas is expected to decrease. This will adversely affect food
security and further increase malnutrition in the continent. In some countries, yields
from rain-fed agriculture may be reduced by up to 50% by 2020. 623 Local food
supplies are also projected to be negatively affected by decreasing fisheries
resources in large lakes due to rising water temperatures, which may be aggravated
by continued over-fishing. By 2080, an additional 70 million 624 people will be at risk of
hunger. Agricultural losses could be as high as 4% of the Gross Domestic Product in
Central and West Africa. These impacts are sure to be aggravated by other factors
such as erosion, poor soil fertility and inefficient farming practices 625
Responding to climate change (global warming) has become a central aspect
of world energy policy. Energy production accounts for 80% of the world’s GHGs
621
See the press release issued by UNEP on World Water Day (March 2000) www.unep.org.discusson have
already begun to assess how such conflicts could be resolved.
622
Ikoni, U.D. op.cit p.98.
623
Ibid.
624
Mc Eldowney and Sharron J (2010) Environmental Law 2nd Ed . Pearson press .Wales. p. 319.
625
Research News op.cit p.6.

140
emissions and 95% of its carbon dioxide emission. 626 Therefore climate change
objectives must be achieved largely through changes in the way energy is supplied
and consumed. Energy of course, provides heat, light and power for life in homes,
transport and industries; it has played an important role in society through our history
and across the world.
Increasing scientific evidence of the impacts of human activities, public anxiety
led to climate change entering the international political agenda in the mid-1980s. In
1988, the United Nations General Assembly took up the issue of climate change for
the first time, adopting resolution 43/53 on the protection of global climate for present
and future generations. The preamble states that the UN is:
Convinced that climate affects humanity as a whole and should be confronted within a
global framework so as to take into account the vital interest of all mankind: It also
states that, it recognises that climate change is a common concern of mankind since
climate is an essential condition which sustain life on earth 627

The resolutions “determined that, necessary and timely action should be taken to
deal with climate change within a global framework.” This is possible with developed
nations but not very possible with developing nations. Developed countries believe
that with Aid from them African countries can fight climate change. 628 No amount of
aid can climate-proof Africa and shield it from the adverse consequences of climate
change. The best methods to be used are mitigation and adaptation. 629 The onus is
therefore on the developed countries to reduce their greenhouse gas emission so
that Africa can properly adapt. If this does not happen, many African countries will
increasingly see climate change as an act of aggression by polluting industrialised
countries, a view being shared by many African leaders. 630
Even if industrialised nations were to cut down their greenhouse gas emission
and achieve the Kyoto targets, sea level rise and global warming would continue to
increase over centuries because of the inertia in the earth systems. The implication is
that climate change will continue to be a burden to Africa. She needs to rise to the
626
Performance and Innovation Unit. The Energy Review February 2002.
627
UN General Assembly Resolution December 1988 A /Res/45/53.
628
Intergovernmental Panel on Climate Change, UNEP, IPCC Expert Meeting on the Science of Alternative
Metrics, which held at the Grand Hotel, Oslo, Norway 18-20 March 2009, p. 25.
629
Climate Change 2007, Mitigation of Climate Change, Working Group III Contribution to the Fourth
Assessment Report of the Intergovernmental Panel on Climate Change, summary for policy Makers and
Technical Summary at p. 31.
630
See the speech of President Paul Biya in New York when he addressed the Sixty-second General Assembly
of the United Nations focusing on Climate Change. Eden newspaper, Wednesday 26 September –Monday 1st
October 2007, p.9.

141
challenge posed by this threat. African policy-makers need to identify that it is a
current threat and not something that might happen in the future. Efforts should be
made to climate proof-African development by factoring in the risk of climate change.
Scientist need to do more in the area of correctly assessing Africa’s present threats
and advising policy-makers using science based evidence. Mitigation and adaptation
are the two principle ways of dealing with the threat of climate change. We can
mitigate by reducing the greenhouse gas emission into the atmosphere or we can
adapt by preparing for and responding to changes in climate and associated threats.
In other words adaptation increases the ability to cope with climate hazards by
reducing system sensitivity or by reducing the consequent level of harm. More
importantly, it is increasingly recognised that adaptation and mitigation to climate
change have become unavoidable.631 Different activities have various blends of
adaptive and mitigative capacities. However, there is synergy between adaptation
and mitigation in managing the risks associated with the enhanced greenhouse
effect.632They also manage risks at different extremes of the potential range of future
climate change.633 These are the two foremost strategies used in restricting the
impact of climate change.634 Since Africa contributes an insignificant amount of
greenhouse gas, mitigation should be an African priority. 635
Efforts should be made by industrialised countries to effectively pursue
mitigation efforts. The law establishing the United Nations Framework Convention on
climate change places the moral burden on the industrialised nations to reduce their
greenhouse gas emission as well as assist the developing countries to adapt to the
adverse impact of climate change.636
Even though Cameroon is not a great emitter of greenhouse gases; she
greatly suffers the impact of global warming as has already been mentioned in the

631
Jones, R.N., Dettmann p, Park G, Rogers, M and white, T (2007) “The relationship between adaptation and
mitigation in Managing climate change risks; A regional response from North Central Victoria, Australia.”
Mitigation and Adaptation for Climate Change 685, available at,
http;//www.springerlink.com/content/549432hv80630228/> (last accessed 17 October 17 2009).
632
Ibid see also: Kane, S and Shogren, J.F. 92000) “Linking adaptation and mitigation in climate change
policy” 45 climate change 75.
633
Jones et al op.cit p. 34.
634
Climate Change Strategy: Equality Impact Assessment (2008) London Borough of Waltham Forest, available
at: http://www.walthounforest.gov.uk/wfccs-eia-julos-pdf (last -accessed 17 October 2009).
635
Mayer, E and Odeku, K (2009) “Climate Change, Energy, and Sustainable Development: Developing the
African Continent at the Cross Road” ix/2 Sustainable Development Law and Policy 49 p.51.
636
See Chapter One of this research.

142
foregone discussion. In due course she has ratified the conventions that regulate
climate change.637
In 2006 the Ministry of the Environment and Nature Protection created a
committee charged with the duty of ensuring that the principle of Clean Development
Mechanism (CDM) is well implemented. The principle which is one of the terms of the
Kyoto Protocol simply means that industries and enterprises should operate in a way
that the emission of greenhouse gases would be drastically reduced. 638 Any industry
that does this is issued a certificate which will enable it to get some financial benefits
or concessions from the government of Cameroon. 639
The committee members are also endowed with the duty to move from sector
to sector to make sure that these gas emissions are reduced. The report of this
committee is published in a maiden document called “Initial National Communication
Paper,” created in July 2004 which gives details of the reduction of the gases, sector-
by-sector.640 This mechanism of clean development has taught brewery industries to
use carbon dioxide extracted from fermentation to gassify their soft drinks. The
process helps to reduce carbon dioxide in the atmosphere. This mechanism has also
enabled the garbage-cleaning company, (HYSACAM) to put up plans to start bottling
the methane gas given off by rotting waste for domestic use in the nearest future.
There are plans put up for the methane gas given off at the Nkolfoulu and Gombe
Waste dumpsites.641 If this is done, it will be a great advantage to the Congo Basin.
At the moment, the gas is burnt to prevent it from destroying the ozone layer.
HYSACAM has signed a contract 642 with VEOLIA, a world leader in environmental
services. The aim of this initiative is to train HYSACAM on the techniques of waste
management in an environmentally-friendly manner.
Waste will not be allowed to decompose in a way that will produce too much
greenhouse gases, thus reflecting the terms of Kyoto. Cameroon in order to
effectively implement Kyoto, has accepted technology transfer from developed

637
Ibid.
638
BOSANGI, Le Magazine trimestriel de la propreté, Janvier 2007, p3.
639
Ibid.
640
Ibid P.4.
641
All these ideas were got from an interview by this writer with the General Manager of HYSACAM, Mr.
Michel Ngapanoun. It too place on the 25 of May 2010 in Yaoundé.
642
This contract was sign on the 30th November 2006 in Lyon-France

143
countries.643 Despite all these principles put in place by Cameroon to implement the
Kyoto Protocol, it is not well implemented.

2.7.6 Depletion of the Ozone Layer

The ozone layer which is defined as the “layer of atmospheric ozone above
the planetary boundary layer” 644 filters sunlight and protects the earth from ultra-violet
radiation. The Ozone layer comprises a sheet of ozone (0 3) molecules that are found
in the earth's atmosphere. Ninety percent of atmospheric ozone is found in the
stratosphere, with maximum concentrations occurring at altitude 25 kms over the
equator and 15 km over the poles. 645 The ozone layer is thought to provide a shield
against harmful exposure of ultra-violet radiation from the sun and control the
temperature of the stratosphere. Excessive exposure to ultra violet radiation is
dangerous to all forms of life. In humans it increases the livelihood of skin cancer,
cataracts and tumours. It can also suppress the immune system; increase the
livelihood of epidemic diseases. In plant and animal life, mutations may occur,
reducing crop yield. It thins plants cells which affect the process of photosynthesis
which will eventually lead to the plants’ death. This will reduce crop production
thereby reducing food production and the end result is hunger in the world. 646 It also
alters the ecosystem. In terms of secondary effects; the depletion of the ozone layer
is likely to cause an increase in acid rain and the levels of urban smog which
contributes to global warming.
Ozone which acts as a greenhouse gas at lower altitudes is a respiratory
irritant.647 It is because of these ramifications that most people have termed the
ozone layer depletion, a monster. Some even say it is a new form of AIDS that has
emerged.648 It is because of this that there is a general cry in the world that
something should be done about this depletion before it is too late. Else mankind will
not be able to stand the challenges of this depletion (hunger, famine and general
extinction of mankind).

643
See President Biya’s speech in New York, at the United Nations General Assembly Focusing on Climate
Change in the Eden Newspaper Wednesday-Monday, 1st October 2007.
644
Convention on the protection of the Ozone Layer, March 22, 1985, Vienna 26/LM (1529) Article 1.
645
McEldowney, and Sharron J op.cit p. 326.
646
Ibid.
647
Ibid.
648
The Cameroon Wetland Forum, sponsored by, NC-IUCN/SWP, WWF US, Wetlands International/WWO
and Koop Cameroon Support wetland conservation in Cameroon. Vol. 1, Issue, 1 (2007), p.9.

144
 Since the 1960s, there have been losses in the ozone layer over Antarctica
during the southern hemisphere spring (September-October) and more recently a
hole has appeared in the ozone layer above the Artic. 649 Since then, significant
thinning has also been discovered in the northern hemisphere and ozone depletion
has become progressively greater over the course of the 1990s. 650 Serious levels of
ultra violet radiation have been observed over Antarctica, Australia and Mountainous
regions of Europe, and damage to phytoplankton has been discovered in
Antarctica.651
The depletion of the ozone layer is caused by the anthropogenic emission of
certain inert gases particularly carbon, chlorofluorocarbon (CFCs) halons and other
chlorine based substances.652 When these gases reach the ozone layer, they are
exposed to ultra-violet rays and break down releasing chlorine (from CFCs) and
bromine (from halons), which break up the ozone molecules and start depleting the
ozone layer.
Chlorofluorocarbons are entirely the result of human activity. They were widely
used as refrigerant gases in refrigerators and air conditioners. Since all
chlorofluorocarbons are made by people for specific purposes, their levels can be
easily controlled. We are worried about the depletion of the ozone layer because of
the reasons given above. Thus it is urgent that we learn what is attacking the ozone
layer and find ways to reverse these trends if possible. The Vienna Convention for
the Protection of the ozone layer of 1985 and the Montreal Protocol of 1987 653 put in
place a timetable for the gradual ending of the use of CFCs (but the damage has
been done and its effects may last for decades)
Cameroon has signed both international instruments on the protection of the
ozone layer.654 It ratified the London Amendment655 and the Copenhagen
Amendment656 with the purpose to fight the depletion of the ozone layer.

649
Ian, M (2001) Information and Awareness Combating Ozone Depletion 2nd Ed. Beloit University Press p.30
650
Ibid.
651
UNEP, Environmental Data Report (1991) p. 20
652
Ibid.
653
For more details on these Convention and Protocol see Chapter I of this research.
654
These two instruments were signed by Cameroon on the 30th of August 1989. Both instruments went into force
on the 28th of November 1989.
655
She ratified this amendment on 29th April 1990.
656
She ratified it on the 11th of January 1996.

145
 The international instruments mentioned above define the global directives for
eliminating ozone-depleting substances and each party has the responsibility of
implementing its country’s programme within its national territory.
Cameroon has the status of an Article 5 country under the Montreal Protocol
otherwise known as developing countries. These countries are those that consume
less than 300 per capita grams of ozone depleting substances. Under the London
Amendments, these countries are eligible for financial and technical assistance from
the multilateral fund. They are equally granted a grace period (for most substances
10 years) to phase-out ozone depleting substances. 657 Cameroon like all other
developing countries under the Montreal Protocol has specific obligations. The
Protocol has obliged all the developing countries to freeze their annual consumption
and production of the five main chlorofluorocarbon at the average of 1995-997 levels
from 1st July 1999. The consumption and production had then to be reduced by 50%
by 2005 and completely eliminated by 2012. Also, similar reductions must be
achieved for other ozone depleting substances as summarised in the phase-out
schedule for Article 5 countries.658
The ozone protection regime is regulated by a legal framework geared
towards fulfilling her obligations under the Montreal Protocol. The legal framework
comprises several laws, regulations and decisions enacted by Cameroon to ensure
protection of the ozone layer. At the helm is the Constitution followed by the 1996
Environmental Code after which we have regulations and decisions. The
Environmental Code has already been discussed in chapter one of this thesis. In
order to avoid repetition it will not be discussed here again.
The next important instrument pertaining to the protection of the Ozone layer
in Cameroon is the decision relating to the obtaining of a technical visa to import
substances that deplete the Ozone layer. In spite of the decision, second-hand
fridges and air conditioners which contain chlorofluorocarbon (gas R12), a gas which
depletes the ozone layer are still imported into Cameroon. The question now is, is it
that the members of the photosanitary services 659 sent by the Ministry of Public
Health to the sea port to check whether these second-hand goods contain the R12

657
The National Ozone Office, Cameroon; A synthesis of the Regulatory and Administrative Measures in force
in Cameroon for the protection of the Ozone Layer, 2000.
658
Ibid.
659
The National Ozone Office, Cameroon. A Report on the National Workshop on the Training of Trainers in
Good Practices in Refrigeration, Recovery and Recycling. ENSET, Douala 17th – 21st November, 2003.

146
gas are not executing their assignment or is it the custom officers 660 who are not
doing their job or have they been corrupted? In order to ensure efficiency, the
government should make sure that these workers should do their job well or they
should be sanctioned. This will act as a deterrent and an eye opener to the others.
The end result will be reduction or complete stoppage of the importation of these
second-hand goods.
According to this decision, every business person, individual or corporate body
wishing to import substances that deplete the ozone layer figuring in the appendix of
the said decision must obtain a technical visa from the National Ozone Office. This
form contains specific information relating to the substances to be imported. After
checking the application on the basis of the calendar drawn by the Cameroonian
country programme and the market quota, and taking into consideration the specific
points described in the technical visa application form, a technical visa is issued to
the firm, company or individual importer whose application meets the requirements
stipulated in the application form. The technical visa is stamped by the co-ordinator of
the National Ozone Office, and any application that does not go through these
formalities (process) is rejected.
Secondly, such an importer must, within a deadline of thirty days following the
putting into circulation of regulated ozone-depleting substances furnish to the
National Ozone Office information relating to the name, code and actual quantity of
regulated ozone-depleting substances that have actually found their way into the
country, and
Thirdly, all such importers are under an obligation to submit to the National
Ozone Office a quarterly report, indicating the names and addresses of purchasers of
ozone depleting substances.
The decision provides for sanctions against defaulters within the laws in force.
Obtaining this technical visa is thus obligatory for the importation of regulated
substances. This visa is only valid for one importation and cannot be ceded to
another person.
Furthermore, Decision No 985/MINDIC/CAB of 15 th October 1996 constitutes
a milestone in the legal framework of ozone protection in Cameroon. The decision’s
aim is to ban the importation of equipment and appliances that use ozone-depleting

660
The National Ozone Office, Cameroon A Report on the National Workshop on the training of customs
officials in the use of Ozone depleting substances identification Equipment, 2nd -7th June, 2003.

147
substances. This instrument was provoked by the realisation that people had again
begun to import equipment and appliances containing substances that deplete the
ozone layer which could jeopardise the National Programme to Eliminate Ozone
Depleting Substances. This decision is a reflection of the recommendations of the
ninth meeting of the parties to the Montreal Protocol where it was explained that,
used equipment, which contained chlorofluorocarbons and have become obsolete in
developed countries and is being sold to less developing countries at low prices
should be banned because they create problems for the authorities in charge of
phasing-out such substances. Thus, banning the importation of such equipment
presents the only way out to ultimately freezing consumption as stipulated under the
Montreal Protocol. This point becomes more important when one considers the fact
that Cameroon is neither a producer nor exporter of ozone-depleting substances she
is merely a consumer of these substances.
The law dealing with commercial activities 661forms part of the National Legal
Framework for the protection of the ozone layer. This instrument levies an inspection
and control tax on imported goods. It forms the basis of the government’s market
strategy towards, phasing-out ozone-depleting substances by imposing a special
additional tax on the importation of such substances with the overall effect of making
alternatives more competitive. Despite this additional tax the law is still violated. In
other words the borders are still porous.
It is because of the inefficiency of the climate change convention, the Montreal
protocol and that, the Kyoto Protocol was to be become obsolete in 2010 that the
world leaders met in Copenhagen 662 to see how they could agree on a new
international instrument to regulate climate change. But due to the wranglings no
tangible accord was agreed on.
The Kyoto Protocol’s period set to meet targets expired in 2012 and further
action is essential beyond this period. Since Kyoto, there have been further
conferences and discussions. In December 2007, the Bali Conference 663 included
China, a fast-developing nation responsible for the largest emission of greenhouse
gases largely because of the use of coal-fired power station. The United States
continued to prove reluctant to negotiations but there was a large measure of
agreement that “deep cuts” are required in global emission.
661
Law No. 88/007 of 15 July, 1988.
662
This Conference dubbed COP 15 held in Copenhagen-Denmark in December 2009.
663
Mc Eldowney & Sharron J. op.cit p.338

148
 These cuts are focused on developed countries, but also include required
action by developing countries. The Bali Conference failed to specify the nature of
the cuts and left the position unclear until the next climate conference in 2009. 664
The need for a more substantial climate change agreement arises from
scientific concerns that climate change is not abating but is speeding up. 665 There is
increasing evidence that variations in extreme weather conditions are more
widespread than in the past and that the presence of greenhouse gases is a more
critical factor influencing climate than was previously assumed. 666 There is a pressing
need for a new agreement. There is also a perception that the need for action is
more urgent than at first. There was a fourth, Assessment Report of the Inter-
governmental Panel on Climate Change in 2007, which reflected a growing scientific
consensus that the impact of climate change and acidification on the marine
ecosystem will be more rapid and far-reaching than previously assumed. 667 Setting
targets for 2050 at 50% reduction now appears to be inadequate and a more realistic
target is at 80%.
There are widespread economic and industrial consequences, not least for
future developing countries. In fact, the global recession and the economic downturn
probably offer a good opportunity as the industrial base in downsizing, leading to
reductions in carbon emissions.668
There were a number of key aims set for the UN Summit at Copenhagen in
December 2009. These included;
- a new global agreement to prevent climate change and it was hoped that this
would be inclusive of the United States; and
- the carbon-trading mechanism agreed at Kyoto might be improved and
timetabling should include financial aid to poorer countries to meet the
demands of a new climate change commitment.
The creation of a new protocol on climate change is most likely to build on the Kyoto
arrangements.669 The use of carbon-trading, based on trading allowances might also
be considered in the context of the effective use of taxation. A carbon tax might in the

664
Ibid.
665
Ibid p340
666
Stern, N (2006) The Economics of Climate Change 1st Ed. London H M, 1979 Treasury P. 101.
667
Ibid.
668
Ibid, p. 103.
669
Freestone, D & Streck, (2005) “Legal Aspect of Implementing the Kyoto Protocol Mechanisms; Making
Kyoto Work”, 1st Ed. Oxford university Press, p.50.

149
end become more attractive than carbon-trading. It is simpler to operate and bring
transparency in its collection and application. There is also a great opportunity
through the International Monetary Fund (IMF) or World Bank loans to make loan
conditions accessible to give incentives to carbon reduction. The debate over the
best strategy was likely to go beyond 2010 before an agreement could be finally
reached.670
A three-page document brokered by US President, Barrack Obama with the
tacit agreement of China, India, Brazil, South Africa and Ethiopia, was the final
outcome of the more than ten days United Nations, Conference on climate change. 671
It was the best that came out from the Copenhagen conference to give a semblance
of coherence when all appeared to be leading for disarray and collapse in the last
hours of the conference. Although the final document is not legally binding, it
commits adhering countries to maintain global warming at a maximum of 2ºC and
earmark some thirty billion United States dollars funding to hold back climate change
by 2012.672 An addendum on international transparency on measures to fight climate
change for all adherents was also included in the deal.
As some world leaders praise the climate change deal, a leading negotiator for
developing countries and prominent voice on the climate change talks for Africa 673
voiced his disappointment with the outcome. In very strong and uncompromising
terms he said that “the ‘deal’ is suicidal for Africa” referring to the scientific findings of
the Inter-Governmental Panel for Climate Change (IPCC). Lumumba said further that
“ the deal would turn Africa into a furnace, it would mean, accepting the death of
Africa for this will lead to water crisis, ‘climate refugees’ and in some cases the
disappearance of certain regions. It is the single most disturbing document in the
history of the UNFCCC. It is a suicidal pact for Africa. No one, not even Obama, can
force Africa to destroy itself. Two (2) degrees mean certain death for Africa. No
African Head of State has the mandate to aid the destruction of Africa. One hundred
billion dollars will not bribe us to go into certain death” 674 he added.

670
“The Rough Guide to Copenhagen’s Risk”. ENDs Report 410, March 2009 pp. 24-32.
671
Mc Eldowney & Sharron J. op.cit p. 338
672
See Cameroon Tribune No. 95011/5702, 36th year. Monday-December 21st Publisher, Marie –Claire Nana.
Web.www.cameroontribune.cm, p.3.
673
Lumumba Di Aping.
674
See, Akana, D (2009) “Copenhagen is Suicidal for Africa”. The Post Newspaper No. 01112, Monday –
December 21, 2009.

150
 The Copenhagen Accord had another problem which is that, the absence of
any legally binding framework for adherents means that countries will have to rely on
moral volition. This is a serious drawback to this accord. For a country cannot be
forced to implement the accord. This is a hallmark of international instruments. Days
of debate, posturing and street demonstrations failed to push world leaders to adopt
more meaningful measures to halt the threatening effects of climate change. 675
In the end, the Copenhagen Conference was unsuccessful in extending Kyoto
targets and ended in some disarray. There was, however, a brief Copenhagen
Accord agreed upon including the United States and China as Signatories. This
recognises that the increase in global temperature should be limited to 2ºC.
The semblance of a deal however established a new consensus for future
actions. President Barrack Obama called it “a meaningful breakthrough”. The United
Nations Secretary General676 called it “a starting point” 677 for more concrete action in
the future in favour of climate justice. Seen by many as a face-saving deal, given the
high hopes in the Copenhagen Conference, it however, provided a veritable
departure point for future internationally-binding agreements on climate change, even
though some of the damage done by climate change is irreversible.
Whatever assessment anyone makes of the Copenhagen Agreement, it
appears world leaders missed a great opportunity to seal a comprehensive deal that
would handle the climate dilemma. Though the summit is over, many issues remain
unresolved. One of the most contentious remains commitment by industrialised
countries to reduce the emission of greenhouse gases. Copenhagen is not the end of
the process. It is part of our larger commitments to meeting one of the world’s
greatest challenges. Copenhagen represents an opportunity to reach an accord that
could start us down the path towards a legal agreement right away and speed the
transition to a low carbon global economy. It is not impossible, for we can do it if we
want. A renowned statesman, Nelson Mandela 678 said “everything seems impossible
until it is done”.
The future of the climate change regime is the subject of international negotiations,
which have been extended beyond the most recent conferences of the parties at

675
Mc Eldowney & Sharron .J op.cit p.340.
676
Ban ki Moon
677
See Cameroon Tribune op.cit p.3
678
A former South African President and one of the greatest freedom fighters of all time.

151
Copenhagen,679 Cancun680 and Durban681 in the light of on-going disagreement.
Discussions have been conducted in two negotiating tracks: one to negotiate
amendments to the protocol, including work on developing a second commitment
period (Kyoto track)682 and the other to negotiate long-term co-operative action under
the conventions (convention track).683 As the end of the Kyoto’s Protocol’s first
commitment period neared, the critical question was whether the protocol should be
extended into a second commitment period, a question affirmatively answered at
Durban. Closely related was the issue of how a post-2012 climate change regime
should deal with the emissions of developing country parties and non-parties to the
Kyoto protocol (most prominently, the United States).
This includes questions as to whether a new agreement should be adopted
under the auspices of the 1992 climate change convention to address the emissions
of such countries, or whether a single and more comprehensive new agreement
should be adopted to replace the Kyoto Protocol 684
Despite progress made at Cancun and Durban, significant work remains if a
post-2012 climate change framework is to be developed. However, despite
observations that Copenhagen, and then Cancun and Durban, were the last
opportunities to develop a binding agreement on climate change, the on-going
international negotiations have not yet abandoned the possibility of some kind of new
climate change pack achieved through the multi-lateral process. Whether this will
result in the formal legal instrument envisaged for Copenhagen or a more
incremental evolutionary approach remains to be seen. 685 In light of on-going
disagreements and broader domestic and international political constraints, the
outcomes from Copenhagen and Cancun may represent the most that is possible to
achieve under the convention’s framework.686

679
This Conference held in 2009 at Copenhagen-Denmark dubbed Cop.15
680
This Conference was held in Cancun-Mexico in 2010
681
This Conference held in Durban –South Africa in 2011.
682
Conducted in the Ad Hoc working group on further commitments for Annex. 1 parties under the Kyoto
Protocol (AWG-KEP) and imitated at COP II in Montreal (28 Nov. 9 Dec 2005.)
683
Established under the Bali Action Plan, Decision I/Cp. 13. Report of the Conference of the Parties on its
Thirteen Session, Bali, 14-15 December 2007, Addendum at [3], UN Doc. FCCC,/CP/2007/6/ Add. 1 (reissued
14 March 2008).
684
Bodansky, D (2010) “The Copenhagen Climate Change Conference: A Post Mortem” 104 (2) American
Journal of International Law p. 230.
685
FCCC/KP/AWG/2010/CRP.4/Rev.4 including the question of whether carbon capture and storage is an
eligible activity, under the CDM; Ryan, D & Juska, E (2010) “Climate Change After Concern: A Post-Cop 16
Analysis” (1816) Environmental Liability 2007, 209.
686
84 Bodansky, D. (2010) op.cit p. 230-240.

152
 However the commitments made at Durban in 2011 for countries to “launch a
process to develop a protocol, another legal instrument or an agreed outcome with
legal force under the convention applicable to all parties,” offers new hope that the
negotiations will lay sufficient groundwork for a new, comprehensive internationally
binding climate agreement to be reached before 2013 and be in force by 2020

2.8 Long-Range Transboundary Pollution

The principle of state responsibility dictates that states are accountable for
breaches of International law. Such breaches of treaty of customary international law
enable the injured state to maintain a claim against the violating state, whether by
way of diplomatic action or by way of recourse to international mechanisms where
such are in place with regard to the subject matter at issue. Recourse to international
arbitration or to the International Court of Justice is also possible provided the
necessary jurisdictional basis has been established. Customary international law
imposes several important fundamental obligations upon States in the area of
environmental protection. The view that international law supports an approach
predicated upon absolute territorial sovereignty so that a state would do as it liked
irrespective of the consequences upon other States, has long been discredited. The
basic duty upon States is not to act as to injure the rights of other States. 687 As has
been noted earlier in this chapter, the Trail Smelter arbitration688 held that:
no State has the right to use or permit the use of its territory in such a manner as to
cause injury by fumes in or to the territory of another or the properties or persons
therein, when the case is of serious consequence and the injury is established by
clear ad convincing evidence689
This arbitral tribunal690 was established in order to determine whether smoke
emissions from a Canadian smelter located seven miles from the US border had
caused damage in the State of Washington, and if so, what compensation should be
paid and what measures should be taken to prevent future damage. The evidential
questions were resolved by scientific inquiry, and in its final award the tribunal laid
down a regime regulating the operation of the smelter.

687
See the doctrine expressed by Judian Harman, Attorney-General of the United States in 1995, 21 op.
Attorney General 774, 283 (1995) cited in Nanda, International Law, pp. 155-6.
688
Ibid.
689
35 AJIL (1941), 716 supra, pp 109 ff.
690
The tribunal was concerned with a dispute between Canada and the United States over sulphur dioxide
pollution from a Canadian Smelter, built in a valley shared by British Columbia and the State of Washington,
which damage trees and crops on the American side of the border,

153
 The international court reinforced this approach by emphasising in the Corfu
Channel Case691 that it was the obligation of every State “not to allow knowingly its
territory to be used for acts contrary to the rights of other States.” 692 The court also
noted in the Request for an Examination of the situation in accordance with
paragraph 63 of the Nuclear Test Case of 1974 in 1995, that, its conclusion with
regard to French nuclear testing in the Pacific was “without prejudice to the
obligations of States to respect and protect the environment”. 693
In addition, in its advisory opinion to the UN General Assembly on the legality
of the threat or use of nuclear weapons, the court declared that the “existence of the
general obligation of States to ensure that activities within their jurisdiction and
control respect the environment of other States or of areas beyond national control is
now part of the corpus of international law relating to the environment” 694
Despite criticisms of the tribunal in the Trail Smelter Case, for the limited
range of national and international sources on which it rallied in determining rules of
international law, there is no reason to doubt that States remain responsible in
international law for harm caused in breach of obligation by transboundary air
pollution. Moreover, although the Trial Smelter Case concerned a single known
source of pollution with transboundary effects in close proximity, the rule as
enunciated by the tribunal is in principle also applicable to more generalised long-
range forms of air pollution. Modern monitoring and sampling techniques have made
it possible to calculate with reasonable accuracy the amounts of transboundary
pollution emanating from individual countries and to identify the area where pollution
is deposited.695 If this is so, then furnishing the necessary proof, even to the “clear
and convincing” standard demanded by the tribunal in the Trial Smelter Case, need
no longer be a potential obstacle to the attribution of responsibility for long-range
transboundary air pollution. 696 Nor as Taubenfield, 697
argued in his article that, “is
there a strong case for treating the rules as one which applies only to unreasonable

691
[C] Reports, 1949, pp 4, 22; 16 HR P. 155, 158.
692
See also the dissenting opinion of Judge de Castro in the Nuclear Test Case [C], Reports, 1974, pp 253, 388,
37 H.R. pp 350, 533 and the Lac Lanoux Case, 24 ILR, P. 101.
693
[C] Reports, 1995, pp. 288, 306
694
[C] Report, 1996, Para, 29; 35 ILM, 1996, pp 809, 821.
695
Sands P,(1990) in Helm (ed), Energy; Production,Cconsumption and Consequences Washington DC;
Wetstone and Rosencranz, (1998) “ Acid Rain in Europe and North America”Washington DC .
696
Handl, 26 NRJ (1986), 405, and see Kirgis, 66 American Law Journal (ALJ) (1972), 294, who doubts
whether this standard of proof would today be required in cases of long-range transboundary air pollution.
697
Taubenfield, H. (1973) “International Environmental Law; Air and Outer Space” 13 National Resources
Journal (NRD), 313, P. 20.

154
or inequitable harm to other States; it imposes responsibility for any injury which
meets the required threshold of seriousness or significance and which results from a
breach of obligation by the source State”. 698
As in other contexts, however, a rule of this generality, applicable only in inter-
state claims, has proved to be of limited utility. In practice States have preferred to
facilitate redress for transboundary injury through equal access to civil remedies. The
Trial Smelter arbitration remains the only international adjudication on the subject of
air pollution.699
Moreover, a rule intended mainly to compensate for serious harm is less
suitable for determining the content of obligations of diligent control and prevention of
air pollution. For this purpose, more detailed standards are required to implement a
fully preventive approach.700 This can only be created through negotiations and
international co-operation. Some standards of this kind do exist, in the various
protocols to the Geneva Convention for the control of Long-Range Transboundary Air
Pollution,701 and other treaties or protocols concerned with land-based sources of
pollution.702 But these are regional framework agreements, with a limited number of
parties, not all of whom have accepted or implemented the standards in question.
This is a weakness of this framework. Thus unlike the 1973 International Convention
for the Prevention of Pollution from Ships (MARPOL), it is less-convincing to argue
that any of the regional air pollution treaties or related protocols represent an
international standard of due diligence in customary law.
Moreover, whereas the 1982 United Nations Convention on the Law of the
Sea (UNCLOS) supports the view that states are required to apply “international
rules and standards” for preventing pollution from ships, in the case of air pollution it
leaves States free to set their own national standards, merely requiring them to “take
account” of any international rules and standards in doing so. 703 Customary law
remains at a very high level of generality when formulated in this way.
Another possibility, however, is to resort to the argument that in the absence
of agreed international standards, use of the “best available technology” or “best

698
See S. 42 (2), and see Handl, 26, NRJ (1986), 405 Natural Resources Journal.
699
But see also the Nuclear Test Cases supra.
700
See Boyle, A (1991) in Churchill and Freestone, International Law and Global Climate Change 1st Ed
Oxford University Press. P. 302.
701
For details on this Convention see Chapter One of this Thesis.
702
See Section 2(3) of the Convention.
703
Compare Article 211 (pollution from ships) with Article 207 and 212 (land based and air born pollution)

155
practicable means” represent the minimum definition of States’ obligation to control
transboundary air pollution in custom law.704
The judicial approach has now been widely reaffirmed in international
instruments. Article 192 of the Law of the Sea Convention of 1982 provides that
“States have the obligation to protect and preserve the marine environment” while
Article 194 notes that “States shall take all measures necessary to ensure that
activities under their jurisdiction and control are so conducted as not to cause
damage by pollution to other States and their environment”. 705 The shift of focus from
the State alone to a wider prospective including the high seas, deep sea-bed and
outer space is a noticeable development 706
It is, however, Principle 21 of the Stockholm Declaration of 1974 that is of
special significance. It stipulates that in addition to the sovereign right to exploit their
own resources pursuant to their own environmental policies, States have “the
responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national
jurisdiction”.
Although a relatively modest formulation repeated in Principle 2 of the Rio
Declaration 1992, it has constituted an important turning-point in the development of
International Environmental Law.707

2.8.1 The Appropriate Standard

It is sometimes argued that the appropriate standard for the conduct of States
in this field is that of strict liability. In other words, States are under an absolute
obligation to prevent pollution and are they liable for its effects irrespective of fault. 708
While the advantage of this is the increased responsibility placed upon the State, it is
doubtful whether international law has in fact accepted such a general principle. 709
The leading cases are inclusive. In the Trail Smelter Case, Canada’s responsibility
704
Handl, 26 NRJ 1986, P.50.
705
See principles 3 of the UN Environment programme principles of conduct in the field of the environment
concerning Resources shared by two or more States 1978. The Charter of Economic Rights and Duties of States
adopted in General Assembly Resolution 1974, 3281(XXIX) and General Assembly Resolution 34/86 (1979).
706
See Boyle, A (1981), Nuclear Energy: 1st Ed. Oxford Press p.2oo.
707
See for example Kiss, A (2004) The International Protection of the Environment p. 1075. See also the
preamble to the Convention on Long-Range Transboundary Air Pollution, 1979.
708
See Goldie, J. (2001) “General View” pp. 73-85 and Schneider,P(1998) “World Public Order”, Chapter 6.
see also Handl, “State liability for Accidental Transnational Environmental Damage by Private Persons.” 74
AJIL 1980, P. 525, Birnie, P & Boyle, A.(2002). “International Law and the Enviornment” 141 and Sands, P,
Principles of International Law op.cit PP 637 & sq.
709
See e.g Boyle, A, “Nuclear Energy” op.cit. pp-289-297. and Handl, “State liability” pp. 535-53.

156
was accepted from the state, the case focusing upon the compensation due and the
terms of the future operation of the smelter, 710 while the strict liability theory was not
apparently accepted on the Corfu Channel Case.
The test of due diligence is indeed the standard that is accepted generally as
the most appropriate one.711 Article 194 of the Convention on the Law of the Sea of
1982, for example, provides that States are to take “all measures… that are
necessary to prevent, reduce and control pollution of the marine environment from
any source, using, for this purpose, the best practicable means at their disposal and
in accordance with their capabilities.” Accordingly, States in general are not
automatically liable for damage caused irrespective of all factors. However, it is
rather less clear what is actually meant by due diligence. In specific cases, such as
the Convention on the Law of the Sea, of 1982, for example, particular measures are
specified and reference made to other relevant treaties. In other cases, the issue
remains more ambiguous.712 The test of due diligence undoubtedly imports an
element of flexibility into the equation and must be tested in the light of the
circumstances of the case in question. States will be required, for example, to take all
necessary steps to prevent substantial pollution and to demonstrate the kind of
behaviour expected of “good government.” 713 While such behaviour would probably
require the establishment of systems of consultation and notification. 714 It is also
important to note that elements of remoteness and foreseeability are part of the
framework of the liability of States. The damage that occurs must have been caused
by the pollution under consideration. The tribunal in the Trial Smelter Case
emphasised the need to establish the injury “by clear and convincing evidence”.

2.8.2 Damage Caused

The first issue is whether indeed any damage must actually have been caused
before international responsibility becomes relevant. Can there be liability for risk of
damage? It appears that at this stage international law in general does not recognise
710
See Boyle A, “Nuclear Energy’”op.cit. p. 292 and Handl, “Balancing of Interests and International Liability
for the Pollution of International Water Causes; Customary Principles of law Revisited” (1975) pp 13 Canadian
YIL, pp 156, 167-8.
711
See Handle, “State liability” op.cit, at pp 539-40 and Boyle,A “Nuclear Energy” op.cit. p 272.
712
See for instance, the Long-Range Transboundary Air Pollution Convention 1979
713
That is, the standard of conduct expected from a government mindful of its international obligation. See
Duping, R.J., and “International Liability for TransfrontierPollution”, in Bothe, Trends in Environmental Policy
and Law op.cit, pp 363-396.
714
See Responsibility and liability of States in relation to Transboundry Pollution, on OECN Report by the
Environment Committee 1984, P.W.

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such a liability,715 certainly outside of the category of ultra-hazardous activities. This is
for reasons both of State reluctance in general and with regard to practical difficulties
in particular. It would be difficult, but not impossible, both to assess the risk involved
and to determine the compensation that might be due.
However, it should be noted that Article 1(4) of the Convention on the Law of the Sea
of 1982 defines pollution of the marine environment as “the introduction by man,
directly or indirectly, of substances or energy into the marine environment… which
results or is likely to result in … deleterious effect”. In other words, actual damage is
not necessary in this context. It is indeed possible that customary international law
may develop in this direction, but it is too early to conclude that this has already
occurred. Most general definitions of pollution rely upon demand or harm having
been caused before liability is engaged.
The next issue is to determine whether a certain threshold of damage must
have been caused. In the Trial smelter Case, the tribunal focused on the need to
show that the matter was of “serious consequence”, while Article 1 of the Convention
on Long-Range Transboundary Air Pollution of 1979 provides that the pollution
concerned must result “in deleterious effects of such a nature as to endanger human
health, harm living resources and ecosystems and material property and impair or
interfere with amenities and other legitimate uses of the environment”. 716 Article 3 of
the International Law Association (ILA) Montreal Rules 1982 stipulates that “States
are under an obligation to prevent, abate and control transfrontier pollution to such an
extent that no substantial injury is caused in the territory of another state”. 717 Such
formulations do present definitional problems and qualification as to the threshold of
injury required is by no means present in all relevant instruments. 718 The issue of
relativity and the importance of circumstances of the particular case remain
significant factors, but less support can be detected at this stage for linkage to a
concept of reasonable and equitable use of its territory by a State occasioning liability
for use beyond this.719 As far as the range of interest injured by pollution is
715
See for example Kiss, A “International Protection” (1986) 1st Ed p. 1076.
716
Note also that General Assembly Resolution 2995 (xxvii) refers to “significant harmful result”.
717
Note the formulation by, Oppentium, L (1955) International Law 8th Ed. London, vol. 1 p 291 that the
interference complained of must be “unduly injurious to the inhabitants of the neighbouring states”
718
See for example Principle 21 of the Stockholm Declaration and Article 194 of the Convention on the Law of
the Sea 1982.
719
See the views of e.g. Quentin –Baxter, R, Yearbook of International Law Commission (ILC) 1981, Vol II,
Part I, pp 12-19 and Mc Caffrey 1986 Vol II, Part I, pp 133-4. See also Boyle, A, “Nuclear Energy” op.cit. p.
275 and “Chernobly and the Development of International Law” in Butter, W (ed) (1990)”Perestoika and
Internal Laws”, London pp 203, 206.

158
concerned, the Trial smelter Case, focused upon loss of property. Later definitions of
pollution in international instruments have broadened the range to include harm to
living resources or ecosystems, interference with amenities and other legitimate uses
of the environment or the sea.720

2.8.3 Liability for Damage Caused by Private Persons

A particular problem relates to the situation where the environmental injury is
caused not by the State itself but by a private party. 721 A State is, of course,
responsible for unlawful acts of its officials causing injury to nationals of foreign
States and retains a general territorial competence under international law. In
general, States must ensure that, their international obligations are respected on their
territory. Many treaties require States parties to legislate with regard to particular
issues, in order to ensure the implementation of specific obligations. Where an
international agreement requires, for example, that certain limits be placed upon
emissions of a particular substance, the state would be responsible for any activity
that exceeded the limited, even if it were carried out by a private party since the State
had undertaken a binding commitment. Similarly, where the State has undertaken to
impose a prior authorisation procedure upon a particular activity, failure so to act
which results in pollution violating international law would occasion the responsibility
of the State.
In some cases, an international agreement might specifically provide for the
liability of the State for the acts of non-States entities. Article VI of the Outer Space
Treaty of 1967, for example, stipulates that State parties bear international
responsibility for “national activities in outer space… whether such activities are
carried out by government agencies or by non-governmental agencies”. 722

Conclusion
From what has been discussed so far in this chapter it is discernable that air
pollution is on the increase in Cameroon despite the fact that there are laws put in

720
See for example Section 1(4) of the Convention of the Law of the Sea which includes impairment of quality
of use of Sea Water and reduction of amenities.
721
See e.g. Handl, “State liability” and Docker G and Gehring, T, (1990) “Private or International liability for
Transnational Environmental Damage. The Precedent of Conventional Liability Regimes” 2 Journal of
Environmental Law, p. 1.
722
See also Article 1 of the Convention on International Liability for Damage caused by space objects, 1972 and
Article xiv on the Moon Treaty of 1979.

159
place to check them. Air pollution is on the increase not only in Cameroon but in the
world. The reason being that most local laws and international treaties are not
respected. This has led to enormous ramifications such as the depletion of the
Ozone layer, rising sea level and even worse, climate change or global warming.

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 CHAPTER THREE
THE REGULATION OF URBAN NOISE

Introduction
In recent years, society has increasingly recognised excessive noise as a
form of pollution. It is both a nuisance and a threat to health. 723 Noise, odours and
light pollution are examples of atmospheric degradation that may not be life-
threatening but reduce the quality of life. Sound is caused by vibrations in the air that
reach the ears and stimulate a sensation of hearing. Sound is called noise when it
becomes loud or disagreeable, particularly when it results in physiological or
psychological harm.724
Noise or unwanted and unconstructive sound is one form of environmental
contamination that disappears when the source is turned off. Yet it is a form of
environmental degradation and has implications for health that may be as serious as
air or water pollution. Supersonic military planes though kept away from urban areas,
have caused boons that have shattered glass, twisted metal window frames and
caused rock slides.725 Of the 28 million Americans726 with hearing impairment, as
many as 10 million could attribute their impairment at least in part to noise. Like other
kinds of pollution in the environment, noise pollution can be reduced, although there
is a cost associated with its reduction. Noise pollution in Cameroon is fairly serious
when we consider the tussling of space in residential areas between some of our
churches, dancing clubs and garages.
Noise pollution is one of the fastest growing environmental concerns.
Although in contrast with other pollutants, noise does not persist in the environment
and seldom leaves physical scars; its consequences can be catastrophic. For
example, in September 1994727 in Britain, a fire bomb was thrown into the home of a
noisy neighbour causing his death. In Europe noise is estimated to affect the health
and quality of life of at least 25% 728 of the EU population. There has been an
increase in rail, road and air traffic and in the use of construction equipment. 729 In the

723
Kiss, A & Shelton ,D(2003) International Environmental Law 3rd Ed UNDP p. 349.
724
Ikoni, U.D (2010) An Introduction To Nigerian Environmental Law 1st Ed Malthouse Press Ltd p. 33.
725
Thornton J & Beckwith. S (2004) Environmental Law 2nd Ed .Sweet & Maxwell. p.308.
726
Raven, Berg and Johnson (1995) Environment 1st Ed Saunders College Publishing Co p. 440.
727
Thornton J & Beckwith, S op.cit p. 308
728
Ibid.
729
Sixth Environmental Action Programme com/2001/0031/final.

161
twelve-month period which ended on March 31, 2001, there were over 230,000
complaints about noise nuisance in England and Wales as compared with 111,515
between 1992 and 1993 and just over 31,000 complaints in 1980 730. Noise pollution
may be distinguished from other forms of pollution in that its effects relate primarily to
human health and comfort, as opposed to causing damage to the wider environment.
At this juncture, it is germane to define noise. It is unfortunate that the
Environmental Code of Cameroon does not define it. We will therefore rely on the
definition of some authors. The Oxford Advanced Learners’ Dictionary of Current
English defines noise as “loud and unpleasant sound, especially when confused and
undesired”731. Thornton et al732 define it as “sound which is undesired by the
recipient” and as “a number of tonal components disagreeable to man and more or
less intolerable to him because of the discomfort, fatigue, disturbance and in some
cases, pain it causes”. The European Community Action Programme defines noise
as “unwanted or harmful outdoor sound created by human activities including noise
emitted by road, rail and air traffic, and by large industrial sites. Noise created by
domestic activities, by neighbours, by military activity, noise in the work place or
inside means of transport are equally included” 733
These definitions illustrate their subjectivity especially within the context of
noise pollution. A sound that may be acceptable in an industrial area may become
noise if it is present in a residential area. Noise such as loud music that is offensive
to some may be attractive to others. This is a common phenomenon in markets and
motor parks. Furthermore, a sound that may be acceptable in an industrial area such
as the Bassa and Bonaberi industrial areas in Douala may become “noise” if it is
present in a residential area such as Bonanjo in Douala or the Bastos
neighbourhood in Yaoundé. What may be an acceptable sound during the day may
become noise at night. Music in a night club may exhilarate the individual who then
finds it unbearable when trying to sleep in the house next door. A sound of small
intensity, such as that from a dripping tap, may become unbearable simply by its
repetition. The subjectivity of noise pollution, then, makes it very difficult to be
tackled by traditional legal mechanisms which usually set an objective criterion as to
730
DEFRA: www.defra.gov.uk/enviornment/noise.older statistics can be found in the report of the neighbour
noise Working Party (DOE, March 1995).
731
Hornby, A.S (1963) Oxford Advanced Learners Dictionary of Current English 3rd Ed. Oxford University
Press P. 570.
732
Thornton, J and Beckwith, S. op.cit. p. 307.
733
Second European Community Action Programme on the Environment (1977-1981), O.J. C139.

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when and at what level pollutants should be controlled. The loudness of noise is
measured in decibels.734

3.1 Sources and Causes of Noise Pollution

We cannot see, smell, taste or touch it. However “noise”, the bane of modern
urban life, now pollutes the cities and countryside alike. Noise is one of life’s great
stressors and the greatest scourge of contemporary life. From the irritatingly
persistent bark of a dog to the blasting of a neighbour’s stereo or the insistent blare
of a car horn or radio, noise has become the norm. The following are regarded as
major causes of noise pollution.

3.1.1 Religious Institutions

Religious institutions contribute in no small measure to noise pollution in
Cameroon. These institutions could be churches, mosques or other traditional
institutions of worship which generate noise through their various methods of
worship. As a keen observer has remarked:
Every dominant religion- Christianity, Islam and the traditional society has elements
in its mode of worship which are noise generating. It is common sight in the Nigerian
settlements, especially the urban category, to see gigantic loud speakers fixed to
mosques and churches; it is indeed a common occurrence to hear religious calls,

chanting and singing at incredible intensities from those sources day and night .735

These institutions generate noise without regard to the right of residential quiet of
the neighbourhood.

3.1.2 Music Shops.

This source of noise pollution is due to the behaviour of the people involved
in the sale of music either on the streets or in the music shop. The blasting of new
songs at the highest pitch even far into the night is employed as advertisement in
order to attract customers. Even some unreasonable neighbours disturb the peace

734
Decibels (db) scales are logarithmic rather than linear. Thus the change from 40 db a (library) to 80 db(a dish
washer or garbage disposal) represents a ten thousand fold increase in sound loudness. The frequency or pitch of
a sound is also a factor in determining its degree of harm. High pitch sounds are the most annoying. The most
common sound pressure scale for high pitched sounds is the “A” scale, whose units are written “db”. Hearing
loss begins with prolonged exposure (eight hours or more) to 80 or 90 db “A” levels of sound pressure. Sound
pressure becomes powerful at around 140db A and can kill at 180 A., see Thornton& Beckwith, S.op.cit.p.300.
735
Egunjobi, L (1988) Urban Environnemental Noise Pollution 1st Ed. Ibadan, Evans (Nigeria) pub Ltd. P.88.

163
of others with extremely loud music often with impunity without regard to the quite of
the neighbourhood or co-tenants.
3.1.3 Increasing Rate of Urbanisation
Urbanisation is sometimes brought about by the merging of two or more
cities.736 Thus, as one city spreads out and coalesces with another city or town, an
urban area is brought into being. This means the introduction of or influx of more
people, due largely to migration from rural areas, into cities. More people in the
cities mean increase in city sizes and densities which by implication mean higher
urban noise levels. Thus increasing rate of urbanisation is a feature of urban noise
pollution rather than the countryside or rural settlement.

3.1.4 Industrial Growth and Activities

This emphasise the accelerated socio-economic progress that resulted in the
industrial growth and development of infrastructural and social facilities. The use of
heavy machines and other equipment, in construction industries generate noise in
no small measure. This is why noise is regarded as one of the most widespread
industrial hazards today.737 Vibrations from some of these machines are sources of
noise.

3.1.5 Structure of Cities

The structure of Cameroonian cities is also a source of noise pollution. Most
of the cities in Cameroon are characterised by mixed-land uses. Thus, every street
in the city is both a commercial street and a residential area. As a result, those
noise- sensitive land uses, such as residential areas, hospitals, and educational
institutions are unable to enjoy the relative quite they actually desire.

3.2 Types of Noise

The Environmental Code of Cameroon does not distinguish the types of
noise but this does not mean that they do not exist. We will discuss them in the
paragraphs below.

736
Ikoni,U.D,op.cit.p.35
Ibid p.36
737

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3.2.1 Ambient Noise
Ambient noise is “air on all sides or surrounding” 738 Ambient noise is
therefore noise in the general public environment, as opposed to, for example, noise
in workplaces, or noise created by neighbours.

3.2.2 Neighbourhood Noise

Neighbourhood noise is “the great variety of sources of noise which may
cause disturbance and annoyance to the general public not including road, traffic,
and aircraft noise and industrial noise affecting workers”. 739
However, much of what was formerly regarded as “neighbourhood noise” is
now included, within the definition of “environmental noise” in European Directive
No. 2002/49. It may therefore be convenient to think of “neighbourhood noise” more
literally as simply “noise caused by noisy neighbours.” As we have seen, the
Directive specifically excludes such noise from its scope. However, the extent of
overlap between “environmental noise” (which the Directive covers) and “noise
made by neighbours” (which it does not) is left unclear by the wording of the
Directive.740 This is because in respect of industrial noise, the definition of
“environmental noise” contained in the Directive is couched in terms of noise from
“heavy industry” sites regulated by the Integrated Pollution Prevention and Control
(IPPC) regime. This leaves open the possibility that noise from small-scale, local
industries might be regarded as “noise made by neighbours” and therefore beyond
the Directive’s scope741
Examples of neighbourhood noise, then, clearly include noise from domestic
activities such as playing sound systems or watching television at high volumes. In
addition, examples might include local industrial noise, for example, the sound of
refrigeration plants emanating from butchers’ shops and supermarkets. This is
common in the markets of Douala, Yaoundé, Bamenda, Bafoussam among many
others. Furthermore, the noise caused by the use of such things as drop hammers,
reverting machines and extractor fans equals examples of neighbourhood noise.
Neighbourhood noise is the greatest source of noise nuisance complaints in

738
Hornby, A.S. Op.cit. p. 26.
739
Report of the Noise Advisory Council, 1972, p. 11, para 54 and 55.
740
See Article 2.
741
Thornton, J & Beckwith S. op.cit. p. 310.

165
England, the USA, Nigeria, South Africa and Cameroon 742. The National Noise
Survey of 2002 in UK asked local authorities to provide information about the nature
of neighbourhood noise complaints received. Amplified music was the most
common cause of complaint 743. This is equally true in the big towns of Cameroon
cited above. The barking of dogs was the second most common cause of
complaint, followed by noise from television sets, and noise from voices 744.

3.2.3 Construction Noise

The Environmental Code of Cameroon does not define construction noise, so
reliance will be on that of the English Act of 1974. It provides as follows:
noise resulting from the erection, construction, alteration, repair or
maintenance of buildings, structures and roads, or from breaking up, opening
or boring under any road or adjacent land in connection with the construction,
inspection, maintenance or removal of works demolition or dredging work and
any works of engineering construction.745
Construction and demolition works pose special noise problems compared with
most other types of industrial activity. They are mainly carried out in the open air,
and are of temporary duration. The noise involved emanates from a wide variety of
different activities such as the use of pneumatic concrete breakers and the
operation of excavators. The intensity and character of construction noise may vary
greatly depending on the phase of the work which is being undertaken. Unlike other
sources of noise pollution, construction sites cannot be kept away from areas which
are sensitive to noise through the operation of planning law. The statutory nuisance
procedure is often too slow to abate construction noise, which may last only for a
few weeks before a contractor moves elsewhere.
In Britain, the control over construction noise is exercised by local authorities
under the provisions of Part III of the Control of Pollution Act of 1974, in particular
Sub-sections (60) and (61). These local authorities have powers to address the
problem of noise from construction works under the same Act. These powers permit
controls over the way work is carried out, including the type of machinery and plants
that are in use and the times they can be used. There are a series of consents
issued by the local authority to enable certain types of work to be undertaken.
742
Ikoni,U.Dop cit.p.40.
743
McEldowney,& Sharron.J.op .cit.p347
744
Ibid
745
Section 10 of the Control of Pollution Act 1974.

166
Equally, in Cameroon, the councils control noise as stated in Section 60(3) of the
Code, but the law is vague. In other words it is not clear because it does not state
the tolerable level of noise as the British Act does. 746 Section 60(3) of the Code
reads:
In the event of an emergency, council shall take all the necessary security measures
intended, as a matter of course to put an end to the trouble. If need be, they may seek
the assistance of government forces.
What is discernible from this section is that councils will only take an action
when there is an emergency. Where there is noise nuisance they will not react until
there is an emergency. The question that needs to be addressed is what happens to
an individual or group of individuals who are facing noise pollution from music, cars
and construction works? The obvious defence the council will give is that there is no
emergency. These people will have to tolerate this noise until it reaches a damaging
level before the council can step in. As has already been discussed in this research
a complete enabling instrument of this 1996 Code is not yet in place. 747 For Section
61 of the same statute states that “an implementation decree of this law taken in
collaboration with the competent administrative units shall determine the conditions
under which the buildings, industrial, commercial, cottage industrial or agricultural
establishments, vehicles or other movables possessed, exploited or owned by any
private individual or corporate body, shall be exploited, constructed or used in a way
as to comply with the provisions of this law and its enabling instruments”. It is
therefore difficult for the councils to state the level of tolerable noise without this
enabling decree. This accounts for the high level of construction noise in
neighbourhoods in Cameroon. The English Act’s, emphasis is on preventive actions
rather than on action to secure abatement as obtains in Cameroon.
In Britain, like in Nigeria,748 where such works are in progress or are to be
carried out in the future the local authority has the discretion to serve a notice
imposing requirement in relation to the way in which the works are carried out. 749
This does not obtain in Cameroon. The councils in Cameroon only issue permits 750 to
746
See part E, Schedule I of the Building Regulations of 2000 (SI 2000/2531)
747
An enabling decree of this Statute is only on Environmental Impact Assessment and part of Nuisance and
Noise.
748
See Section 19(3) of the 1992 Federal Environmental Protection Agency Act of Nigeria. The section states
that, “the Agency shall make recommendations to control noise originating from industrial, commercial,
domestic, sports, recreational, transportation or other similar activities which should not exceed a certain
number decibels” as stated in Section 20(1).
749
COPA 1974, Section 60(2).
750
Section 41 of the 1996 Environmental Management Code.

167
build but do not stipulate the conditions on how the building exercise should be
carried out. Furthermore, in Britain, the conditions which a local authority may
specify include those governing the type of plant and machinery which can be used,
the hours during which the works may be carried out and the level of noise that may
be emitted.751 In practice, most notices served under Section 60 prohibit work outside
specified hours where that work is audible beyond the boundary of the construction
site. The noise should not be loud enough to give reasonable cause for annoyance
to neighbours or persons living in the vicinity of the construction works. Building
regulations must be respected and they must conform to adequate standards of
noise control in their construction and design. In this way, the local authority
exercises stringent control over construction operations. This does not obtain in
Cameroon because the Environmental Code and Town Planning Law 752 do not
provide for it. This explains why construction works are carried out haphazardly and
at any time, even at night in Cameroon.
In addition, it is a criminal offence in Britain to contravene a requirement of the
notice without reasonable excuse, but it is a defence to the prosecution that the
works are carried out in accordance with a consent issued under Section 61. 753 Thus
in City of London corporation v Bovis Construction Ltd, 754 Bovis construction were
prosecuted when they breached a notice served under Section 60 of the Control of
Pollution Act of 1974 requiring them to restrict operations which caused noise
outside the boundaries of the site to the hours between 8 am and 6 pm on
weekdays, between 8 am and 1pm on Saturdays, and entirely on Sundays and bank
holidays.
In Britain, if a developer wishes to carry out construction work, he may apply
in advance to the local authority for consent to allow works to be carried out at the
particular noise level which he proposes. The advantage of applying for consent in
advance, of course is that the contractor obviates the risk that a local authority will
serve a notice under Section 60 requiring a change in working methods and hours of
work which might be at the developer’s expense. Once consent is granted, it

751
Ibid, section 60(3).
752
Law Nº 2004/003 of 24 April 2004, regulating Town Planning in Cameroon
753
COPA 1974, s. 61(8).
754
[1992] 3 ALL. E.R. 697.

168
becomes a criminal offence knowingly to carry out works or knowingly to permit
works to be carried out in contravention of the conditions of consent. 755
The consent procedure under Section 61 of the Act is rarely used. It has been
suggested that industries may well be reluctant to seek prior consent for noise levels
because of fear that the local authority will impose too many restrictions on working
practices,756 the implication being that many contractors prefer to “take their chances”
with a local authority and see what level of noise they can get away with. However,
where discussions have been held between local authorities and representatives
from industry, there have been few concerns over the conditions of consent or the
content of notices.
This Act is something which is still very alien in Cameroon. The councils in
Cameroon do not work (on the same line) like those in Britain though some
councillors claim to.757 That is why the noise level in construction sites is very high in
Cameroon. As already noted, the councils in Cameroon only issue building permits
without specifying the tolerable noise level and also when and how the construction
works should be carried out. This is a flaw of the Town Planning Law and the
Environmental Code of Cameroon.

3.2.4 Transport Noise

It is noise emitted from transport. Transport is the most pervasive source of
noise in the environment. This Sub-section focuses on the two main problems: road
traffic noise and aircraft noise.

3.2.4.1 Road Traffic Noise

Noise pollution arising due to traffic congestion/vehicle horn is a growing
problem which has now grown one thousand times greater than before the society
became motorized.758 Japan’s Environmental Agency re-echoed this when it notes a
worsening trend in traffic noise attributable to continued increases in automobile use.
At low speed, a car’s engine is the main source of noise, but above 60 kilometres per
hour, tyres make the most noise. Thus traffic congestion, together with the

755
COPA 1974, S. 61(5)
756
See Report of the Noise Review Working Party 1990.
757
An interview conducted with the Secretary General of Biyem Assi Sixth Sub divisional Council in Yaounde
affirms this belief.
758
See “Noise, A Modern Nuisance” in Awake! November, 8, 1997. p. 4.

169
indiscriminate use of the vehicle horn, is a major source or cause of noise pollution
especially in urban settlement areas.
In terms of the number of people affected, road traffic noise is the most
serious of all transport noise problem. 759 Roads are almost everywhere in Cameroon
and there are few restrictions on the vehicles which may use them. Noise is emitted
from vehicles because of bad maintenance, accidental damage or occasionally,
because of deliberate interference with the silencing system. Two problems are
noted here: firstly, the exhaust pipes of most vehicles emit a lot of black smoke
which leads to air pollution and if the exhaust is damaged it rattles and produces a
piercing sound which is uncomfortable to the ear thus causing noise pollution.
Secondly, in Cameroon there is a law to the effect that all cars should have exhaust
silencers. Section 79 of the instrument760 provides that “every internal combustion
engine shall be equipped with an efficient exhaust silencer”.
Even though, certain types of silencers deteriorate in use before failing, with
the result that the vehicle may emit more noise than when it was new. A significant
proportion of noise from road traffic is produced by tyres and can therefore be
influenced by the nature of the road surface. 761The above cited provision is not often
enforced like other laws and decrees for reasons already discussed in the earlier
part of this thesis.
In Europe, preventive control over road noise is exercised through secondary
legislation which governs the construction of vehicle and the way in which they may
be driven.762 For example, horns must not be sounded between 11:30 pm at night
and 7:00am in the morning. It is a criminal offence to contravene these regulations.
Domestic and EC-based noise standards for vehicles have been laid down in the
Motor Vehicles Regulations of 1984 763and 1998.764 Such laws do not exist in
Cameroon and that is why drivers blast their horns at will and get away with it.
A better preventive approach can be taken through the planning system.
Vehicles produce maximum noise when they are accelerating on low gear. Traffic
noise can therefore be substantially reduced by minimising the number of occasions
759
Feresu, S & Simunkanga (2004) Proceedings of the Regional Workshop on Better Air Quality in the Cities of
Africa 1st Ed. P. 68.
760
Presidential Decree Nº 86/818 of 30 June 1986 regulating the Highway Code.
761
Royal Commission on Environmental Pollution, Eighteenth Report. Transport and the Environment, 1994,
cm 2674.
762
See the Road Vehicles (construction and use) Regulations 1986 (S 1986 1078), as amended
763
S.I. 1984/81
764
S.I. 1998/205.

170
on which vehicles start and stop. This can be achieved by constructing by-passes
and out-ring roads so as to reduce the thick traffic in town centres. 765 Noise from
roads can also be reduced by using earth banks or barriers made of timber, metal, or
plastic. These are less widely used in the UK than in France, Germany and Japan
partly because of their cost, but also because they are considered unsightly. 766 They
are not used in Cameroon yet.

3.2.4.2 Aircraft Noise

Air transport is the fastest growing mode of transport globally. Between 1982
and 1992 the number of international scheduled services to and from UK airports
more than doubled.767 It is believed from the recent published forecast (June 2010)
that the UK demand for air travel will double by 2020. 768 Because of its geographical
positions and historical links with other nations, the UK has a disproportionately large
share of international air traffic.
In the UK, aircraft noise is regulated by the Civil Aviation Act of 1982, under
which the Secretary of State has set maximum noise levels for aircraft serving
Heathrow, Gatwick and Stansted. According to Section 78 of the Act, the Secretary
of State has the power, if he considers it necessary, to reduce or avoid noise, to
specify the maximum number of occasions on which aircrafts may be permitted to
take off or land at an airport, or even to prohibit take off during a specified period.
In Cameroon, there are daily flights from the Douala and Yaoundé
International airports to Europe, America and the Far East. Equally, there are weekly
local flights which link Yaoundé and Douala with the northern parts of Cameroon.
The Ministry of Transport has enacted an Arrête 769 which is supposed to
regulate the emission of aircraft gas and noise but it is not well enforced for reasons
which will be discussed later under this sub-heading. This explains why the
inhabitants around the Douala International Airport suffer noise pollution daily.
As has been discussed above, aircraft noise has been the subject matter of
recent legal challenges under the European Convention on Human Rights Act of
1998. In Denis v. Ministry of Defence 770, the claimant, who owned an estate
765
RCEP, Eighteenth Report.
766
Ibid
767
RCEP Eighteenth Report, p. 63.
768
DETR. See www.aef.org.uk.
769
Arrête Nº 00015/40 of 15 November 2006 relating to the emission of Aircraft gas and noise.
770
[2003] E.W.H.C. 793; 153 N.L.J 634.

171
neighbouring an RAF air field, alleged that noise from Jet fighters flying training
missions amounted to a nuisance and a breach of the European Convention on
Human Rights. The Court upheld this claim, but was not prepared to grant an
injunction requiring the flights to stop, because RAF training was in the national
interest. The solution was to allow the flights to continue, but award substantial
damages. Furthermore, in Hatton v. United Kingdom,771the claimant, who lived in the
vicinity of Heathrow Airport, claimed that increased noise levels created by night
flights were disturbing their sleep, and were therefore a breach of their human rights.
The European Court on Human Rights held that the night flights did not in
themselves result in human rights breach, but was prepared to uphold the claim that
judicial review had not been an adequate remedy in relation to the claimant’s
grievances.
This researcher was informed that, planes are directed by flight controllers on
how to take off at night when they leave the hanger in order to reduce aircraft noise
in Cameroon.772 Any defaulting pilot is sanctioned. Several reasons account for the
increase in aircraft noise in Cameroon.
Firstly, the Ministerial Arrête Regulating Aircraft Noise does not prohibit take
off at certain periods which will reduce noise pollution.
Secondly, the Civil Aviation Authority (CCAA) in Cameroon finds it difficult to
detect the noise level of planes because of the lack of sufficient money to purchase
the appropriate equipment or device to detect the noise. The technicians who
conduct technical checks only check the air worthiness of planes and not the level of
noise they produce. The Ministerial Arrête relating to Certification of Air Worthiness
and Emission of Aircraft Noise and Gas, states in its Section 2 that, any noise above
30 decibels (db) is intolerable but there is no device or equipment to detect this level.
Consequently many air transport companies get away with aircraft noise in
Cameroon.773
Thirdly, there is scarcity of trained personnel to check aircraft noise.
Consequently, the few do not effect as many checks as they should. 774
771
[2003] All E.R. (D) 122.
772
The researcher was informed by Mr Etundi Zoa who, is the Air Traffic Service Inspector/Auditor of the
Cameroon Civil Aviation Authority(CCAA).The interview took place on the 22nd of October 2008 in his office
in Yaoundé.
773
This conclusion was drawn after interviewing Mr. Etogo Ohandza P. He is the Chief of Service of National
and International Regulations (author’s translation) of the CC AA. The interview took place on November 30th
2009 in his office.
774
Ibid.

172
 Fourthly, poverty is a big problem in Africa in general and in Cameroon in
particular.775 This poverty hinders most countries in Africa, Cameroon inclusive, from
being able to buy new planes. This explains why most of the planes they purchase
are second-hand or old .Old planes no longer used in Europe and America are still
being used in Africa in general and Cameroon in particular. 776 New planes have a
device which reduces noise especially during landing and take-off. 777
Finally, the Arrête which regulates air worthiness does not comply fully with
Sections 37 and 38 of the Chicago Convention of 1944 which governs International
Standards on Civil Aviation. These sections provide that all countries should comply
with the international standards laid down by this convention. A reading through this
Arrête reveals that, it does not comply with Annexture 16 of the Convention which
regulates the aircraft’s state and the level of noise it produces. It only talks about the
air-worthiness of the planes and does not bother whether it confirms to the noise
type certificate.

3.2.4.3 Train Noise

The noise produced by trains in Cameroon is a cause for concern. The
Cameroon Railway Company (CAMRAIL) imports very old machines which are a
source of air and noise pollution. At the moment in Cameroon, there is no law
enacted to control train noise. Citizens living a few metres from the railway suffer
from the noise produced by the train and its horn.

3.2.5 Raves
The Environmental Code of Cameroon does not define raves. The British Act
of 1994 defines rave as “a gathering of 20 or more people on land in the open air
which includes the playing of amplified music.” 778 In addition, the English (British) Act
will apply to the gathering of 20 people 779 or more on land which is not in the open
air, where people are trespassers.780 Where the music, by reason of its loudness and
duration and the time at which it is played, is such that it is likely to cause serious

775
Titi Nwel P (1999) Corruption in Cameroon. A study realised by GERDDES-Cameroon, published by
FRIEDRICH –EBERT-STIFTUNG pp. 48-57.
776
Mr. Etundi Zoa op.cit
777
Mc Eldowney, & Sharron. J. op.cit. p 347.
778
Criminal Justice Act (CJA) 1994 S. 63 (IA) (inserted by Anti-Social Behaviour Act of 2003, S. 58).
779
It had formerly been defined as such a gathering of 100 people or more.
780
C.J.A. 1994, S. 63.

173
distress to inhabitants of the locality, the police may take steps to ensure that it
ceases.781 The Criminal Justice Act (CJA) of 1994 contains provisions enabling the
police to deal with raves which are in progress and to prevent them from being held.
Moreover, a constable who has reasonable grounds for believing that a person is on
the way to rave may stop him and prevent him from going. 782 The main reason being
that, during the passage of the Legislation (Act) in Great Britain, Earl Ferrers, 783 while
opening the debate for the government in the House of Lords, said that raves had
caused “appalling misery” to local residents and had “ripped apart the peaceful lives
of rural societies."784
In Cameroon, the Environmental Code in its Section 60(3) provides for the
handling of noise by councils with the aid of government forces but it does not
specify the level of noise which is tolerable and that which is not. The Section leaves
one more confused, for it does not clearly state the level of noise under which an
action should be brought. It states simply that, in the case of an emergency, the
council shall take necessary measures to abate it. The ambiguity of the Section is
therefore revealed by its wordings. There is a certain level of noise that is tolerable
and one that is not. But the Environmental Code in its Section 60(3) does not state
the tolerable level. It only states that “in the case of an emergency…” what is an
emergency? An emergency in an airport is different from an emergency in a
residential area, or a market or a motor park. It is recommended here that, this issue
of emergency should be well defined to enable us know which situation is an
emergency and which one is not.
It is worthy of note here that, the decentralisation process 785 in Cameroon is
not yet complete. For instance, decibel(s) which is used to measure the level of
noise is still under the control and management of the Ministry of Mines. It is
normally supposed to be under the control of councils which are local bodies which
manage noise in the Cameroonian society. Until this is transferred under the
781
Ibid.
782
Ibid, S. 65.
783
He was the Minister of Justice in Great Britain then.
784
Hansard, H.L. 1993, Vol. 554, No. 71, col. 384-5.
785
The Decentralisation Bill No. 762/PSL/An of 2004 on the orientation of Decentralisation states that the
objectives are:
- to enable the population concerned to become resolutely involved in defining and managing the affairs
of their regional and local authorities;
- to foster and promote the harmonious development of Regional and local Authorities on the bases of
national solidarity, regional potential and inter regional balance;
- to place our country in line with Constitutional and International Requirements in the area of
decentralisation.

174
competence of councils it will be difficult for councils to control the level of noise in
Cameroon.
Raves are common in most residential areas of big towns in Cameroon
because in these areas most people usually celebrate birthdays, appointments, and
even death commemorations. Political campaigns and rallies in stadiums and motor
parks are also good examples.

3.2.6 Intruder Alarms

Car alarms are often set off by reckless touch and sound for a considerable
length of time thus constituting a nuisance in many neighbourhoods. The alarm
might go on for minutes or hours especially if the owner of the car is unaware of the
noise. The Environmental Code of Cameroon provides in its Section 60(1) that “the
emission of noise and odours likely to be harmful to human health, excessively
inconvenience the neighbourhood and endanger the environment shall be
prohibited.” Often, most of the owners of the cars would come after a long time and
put off the alarm.
The question that demands an answer is that: what about the situation where
the alarm goes off accidentally? Will the owner of the car be held liable, since it is not
of his own making? Should a person be punished for an act not caused by him? The
answer is in the negative. Subsection 60 (2) goes ahead to provide that, “persons
emitting this noise and odours unnecessarily or without any precaution shall take all
necessary measures to suppress, prevent or limit their propagation”. An
interpretation of this subsection disclose that, the noise must be emitted
“unnecessarily” or “without any precaution” but, an alarm which goes off accidentally
is not emitted by the owner of the car, so he is not supposed to be held for the act.
In Europe, this is different. Once the alarm goes off the owner is held liable.
For example in Britain, the Noise and Statutory Nuisance Act of 1993 provides that
local authorities may, if they choose, apply the following regime to their area 786. Any
one installing an alarm must ensure it complies with prescribed requirements. Thus
the police must hold a list of the names, addresses and telephone numbers of those
holding keys to alarms.787 The local authority must be notified within 48 hours that an

786
Section 63
787
Thornton, J & Beckwith, S. op.cit p. 322.

175
audible alarm has been installed. Failure to comply with these requirements without
reasonable excuse will constitute a criminal offence.
The Environmental Code of Cameroon does not provide for this. This explains why
when the alarm of a car goes off for a long time no action is brought against the
owner. Furthermore, in Britain the regime also provides that where an alarm has
been sounding for an hour after it was activated and the audible operation of the
alarm is giving people, living or working in the vicinity reasonable cause for
annoyance, the local authority may enter the premises to turn it off. This reduces
noise pollution to a very great extent. In Cameroon it is the rule but it is not enforced.
The reasons for this lack of enforcement according to a senior official of a council 788
are that: firstly, the councils do not have enough finances to employ more workers to
move from place to place to make sure that alarm systems which go off for a long
time without the owner showing up should be turned off. Secondly, even the few
workers they have employed do not have enough facilities to enable them move
around, for example, cars or motor bikes to ease their movements, and thirdly, most
of the council workers do not have the required knowledge on how to put off an
alarm without damaging the car.

3.2.7 Equipment Used Outdoor

This concerns equipment used outdoor and the noise they produce in the
environment. Within Europe, there is a Directive which governs this problem. 789 The
aim of this Directive is to ensure that at the manufacturing stage, such equipment
conforms with maximum noise emission limits and labelling requirements. The
legislation seeks to harmonise noise emission standards, conformity assessment
procedures, product marking, technical documentation, and the collection of data
concerning outdoor equipment. The equipment regulated includes lawnmowers,
building and construction machinery, and other types of outdoor equipment that can
lead to noise pollution. The Directive states that such equipment cannot be placed
on the market unless it meets certain noise emission standards, bears European
Community marking, and passes conformity assessment procedures. Maximum

788
Mr. Etoua Roger is the Secretary General of the Yaoundé 6th Council located in the Biyem Assi
Neighbourhood.
789
EC Directive 2000/14, adopted in July 2000 concerning noise emission in the environment by equipment for
use outdoors.

176
penalties for breach of the regulations are €5,000 or, for placing non-compliant
equipment on the market, a prison term of up to three months. 790
There is no law in Cameroon which regulates the fact that all equipment used
outdoor must confirm to maximum noise-emission standards as obtains in Europe.
The first reason for this maybe that Cameroon only imports this equipment and does
not manufacture them. Secondly, when importing these machines, the importers do
not verify whether the machines confirm to the acceptable noise level stated by the
European Directive just discussed above. Thirdly, most of the equipment imported in
Cameroon are second-hand or already used which produce a lot of noise. This is the
reason why most of these equipment produce a lot of environmental noise when
being used in Cameroon. What aggravates the situation is that the Environmental
Code which is supposed to regulate noise in Cameroon is not well enforced by the
councils officials as already discussed.

3.2.8 Loudspeakers
A loudspeaker is defined by the Oxford Advanced Learners Dictionary of
Current English as “part of a radio-receiving apparatus that converts electric
impulses into audible sounds”. 791 A loudspeaker is normally supposed to be used in
Cameroon only after permission has been obtained from a body called Cameroon
Public Expansion. It does not matter whether it is to be used during the day or at
night. A time-limit is given and equally the area where it is supposed to be used.
Some users who have obtained the requisite permission violate the jurisdiction and
time-limit given to them to use the loudspeaker. Even those without permission
equally use this equipment with impunity. Normally, after obtaining the permission it
is the duty of the council to make sure that the instructions given to the user are
respected. Furthermore, noise control in the Cameroon society falls within the
competence of councils. These councils find it difficult to execute this duty for
reasons already explained.
792
Furthermore, the 1990 Law that Regulates Public Meetings and
Processions does not cover loudspeakers. It only grants permission to a person or
body who wants to organise a public meeting to do so without specifying that

790
The Directive was implemented in the UK by the Noise Emission in the Environment by Equipment for use
outdoors Regulation of 2001. Section 2001/170 (As amended by SI 2001/1803)
791
Hornby, A.S. op.cit p. 506
792
Law Nº 90/055 of 19th December 1990.

177
loudspeakers should not be used or if they have to be used, the time and duration to
do so.
Off-licences and Bars produce a lot of noise. That is why they are supposed
to close at 9 p.m. The law 793 that regulates the opening and closing of off-licences
states in its Section 14 that an off-licence should not be opened at a distance which
is less than 200 metres from a school, hospital or dispensary because of the noise
they produce. Most of these bars violate this law. 794 The reasons why councils find it
difficult to enforce the law against off-licences that violate the law are the same as
those which have already been canvassed.
In developed countries such as France, Germany and Britain, loudspeakers
cannot ordinarily be used in the street between the hours of 9 pm and 8 am for any
purpose, or at any time for advertisement, entertainment, trade or business. 795 If a
person wishes to use a loudspeaker in the street at night he must apply to the local
authority for consent.796 The police and the fire brigade are exempted from these
provisions, as loudspeakers used in public transport systems for making
announcements to passengers.

3.2.9 Night Time Noise

Night time is defined as “that period between sunset and sunrise during which
there is no daylight enough to discern a man’s face.” 797 The Environmental Code of
Cameroon does not specifically address night time noise as the environmental laws
of some African countries such as Nigeria 798 and Senegal do.799 Equally, in Great
Britain, for example, there is a Noise Act of 1996 whose sole aim is to put in place a
summary procedure for dealing with noise at night. 800 This does not mean that if
somebody disturbs the peace of the society or environment at night in Cameroon he
may not be sanctioned.
In Cameroon, if noise is produced to the extent that it disturbs the peace of
the environment, then the affected person has a right to complain to the council. 801 In
793
Law Nº 90/1483 of 9th November laying down rules and regulations that regulate the opening and running of
Off-licences and On-licences.
794
For instance, there is a bar opposite the Biyem Assi Sub divisional Hospital in Yaoundé
795
Control of Pollution Act 1974, 6 2(1).
796
Noise and Statutory Nuisance Act 1993, S. 8 and sch. 2.
797
Garner B.A.(ed) (2009) “Black’s Law Dictionary”, 9th Ed. P. 1143.
798
Ikoni, U.D. op.cit p. 35.
799
Kamto, M op.cit p. 331.
800
Mc Eldowney & Sharon. J op cit p. 350.
801
See Section 60(3) of the Code.

178
other words, the requirement of a complaint is fundamental to the operation of this
Sub-section. The aim of the Sub-section is not that the council authorities should
secure the abatement of all night time noise. Rather, it is to secure the abatement of
noise which causes annoyance. Therefore, the local authority only has power to act
following receipt of a complaint. Where a council receives a complaint from an
individual who is present in a dwelling during the night that excessive noise is being
emitted from another dwelling, it has the power to “arrange for an officer of the
authority to take reasonable steps to investigate the complaint.” If a council officer is
satisfied that noise exceeding the permitted level is being emitted from the offending
dwelling during night hours, he may serve a “warning notice” on that dwelling. The
worry here is that the law does not indicate the tolerable level of noise. It just states
that when it exceeds the permitted level of noise. What is the permitted level of
noise? Even the implementation decree802 which regulates noise and odour
nuisance, does not state the tolerable level of noise. It only defines the word decibels
in its Section 2 without stating the tolerable level of decibels. Section 3(2) of the
same decree states that the tolerable level of decibels is determined by an organ
charged with normalisation and quality. This depends on the discretion of this organ
to act. The law should be clear on this. It should state the tolerable and intolerable
levels of noise than leaving it at the discretion of an organ. If for instance, the
tolerable level of noise is fixed at 35 or 30 decibels, this will ease the work of the
councillors. This proposal is put forward because the composition of this organ might
take a long time to achieve. This will slow down the implementation of the decree
when there is an action for noise pollution.
However, the council officer needs not actually measure the level of noise
being emitted in order to be “satisfied” that a notice should be served. The officer of
the council has the discretion whether or not to serve a warning notice. Therefore, if
the noise complained of results from a “one-off” event, such as a birthday party, the
officer may decide simply to ask that the noise level be reduced.
The warning notice served by the council officer must state that an officer of the
council considers that noise is being emitted from the dwelling during night hours,
that, the noise exceeds the permitted level, and that the person responsible for the
noise may be guilty of an offence if he continues to make the noise. A “person
responsible” for the noise is a person to whose act, default or sufferance the
802
The Prime Ministerial Decree Nº 2011/2583/PM of 23rd August 2011.

179
emission of noise is wholly or partly attributable. It will be appreciated that this is a
very wide definition which could, conceivably, cover every guest at a party.
Where a warning notice has been served in respect of noise emitted from a
dwelling, any person who is responsible for noise emitted in the period specified in
the notice which exceeds the permitted level, as measured from within the
complainant’s dwelling, is guilty of an offence, although it is a defence for the
accused to show that he had a reasonable excuse for making the noise. The
Environmental Code of Cameroon does not explain what “reasonable excuse”
means but, an English judge, Ackner L.J. in the case of A Lambert Flat Management
Ltd v Lomas803considering the matter obiter, in the context of the control of Pollution
Act of 1974, regarded reasonable excuse as: “special reasons such as illness and
non-receipt of the notice.”
The permitted level of noise in a given society, for example in Britain, is
determined by the Secretary of State on an area by area basis in order to cater for
the particular needs and characteristics of different areas. In Cameroon, it is the
Ministry of the Environment, Nature Protection and Sustainable Development which
determines the permitted noise level. The permitted noise level is implemented by
councils.
In Nigeria for example, its Environmental Protection Agency Act 804 has
suggested a base level of 35 db reflecting World Health Organisation guidelines
which in 1980, stated that, “a level of less than 35 db is necessary to preserve the
restoration process of sleep.” The Code of Cameroon and the noise and odour
implementation decree does not state this base level. Albeit, the implementation
decree stipulates in its Section 3(2) that an organ will determine it. No organ has
done so yet. So we do not yet know the tolerable and intolerable levels of noise in
Cameroon .This is why it is an uphill task to sort out a problem between two parties
when it concerns noise in the neighbourhood. Furthermore, even if the tolerable level
of noise is known, there is no sonometer yet (the equipment used to detect the level
of noise).
Even in some developed countries where the maximum noise level exists or is
known, it is extremely difficult however, to measure noise levels accurately. 805 The
reasons being that, walls and structures may absorb and deflect noise so that the
803
[1981] I W.L.R. 898.
804
Section 19 (1) (b) of the Federal Environmental Protection Act.
805
Mc Eldowney & Sharon. J op.cit p. 352.

180
precise angle or location at which the measurement is taken proves vital. Moreover,
the variance of noise levels caused by absorption and deflection can mean, for
example, that a party in house “A” may be very much quieter than a party in house
“B”, but cause greater annoyance. If the person responsible for the quieter party in
house “A” is found guilty of a criminal offence, whilst his noisier neighbour escapes
prosecution, a sense of unfairness may be promoted. 806 If the law is seen to be unfair
in its application, it is unlikely to be complied with.
The Environmental Code of Cameroon may also be criticised because it fails
to deal with the problem of “cumulative noise”. In many of the most serious pollution
cases, the annoyance is caused by a repetition of incidents involving relatively small
levels of noise which cannot be dealt with under the law because they do not exceed
the prescribed level, but which nevertheless cause great annoyance. A case in point
is the proliferation of Pentecostal Churches and Mosques which occupy many
neighbourhoods in Cameroon. 807 These mosques have speakers which come alive
every 5 am to announce prayer time. This disturbs the neighbourhood where they
are found. Also, Pentecostal churches have, at least once every month, what is
called “anointing” or “Holy Ghost” night during which its brethren sing, shout, dance
and pray all night.

3.3 Effects of Noise Pollution

Almost every aspect of modern-day living brings us into contact with noise. So
much so that it is now a well-recognised pollutant. Excess noise may not only cause
considerable discomfort but in excess can damage health. Noise pollution seems to
have been taken for granted and indeed accepted by most people in the society.
This general acceptance may be due to the ignorance of the health hazards created
by noise pollution.808 Ignorance of the health implications of noise is probably one of
the reasons for the nonchalant attitude of people towards noise pollution. As rightly
observed by C.S. Ola: “The average urban dweller is open to health problems as a
result of long continuous exposure to noise, sometimes at high intensities”.809

806
Ibid.
807
These Mosques are found in quarters such as Briqueterie in Yaounde, Hausa Quarter in Kumba, Old Town in
Bamenda among others.
808
See Awobajo, A, “An Analysis of Oil spill Incident in Nigeria 1976-1980 in the Proceedings of 1981”.
International Seminar on the Petroleum Industry and the Nigerian Environment p.12.
809
Adewale, O (1994) An Overview of the State Environmental Law in Nigeria in Environmental and
Sustainable Development in Nigeria by Ajomo, M.A. and Omobolaji A. Lagos, NIALS P. 84

181
Noise, as an urban environmental nuisance in Cameroon, is beginning to attract
public attention in a serious way owing largely to the negative effects of this pollutant.
Commenting on the attitude of Nigerians on noise, it was stated that:
In the beginning, God created the universe, then he created the moon, the stars and
the wild beasts, of the forest. On the sixth day he created the Nigerian and there was
peace. But on the seventh day while God rested the Nigerian invented noise 810
Writing on the same issue, Soni Ehi stated that:
Residents of our big cities are increasingly going through the gradual process of
partial deafness. Their sensitive eardrums are daily being bombarded by a continuous
barraged of environmental noise overflowing from ear-shattering, drum size speakers
of mosques and churches, from hammering neighbours musical system, from the
shrill horns of motorists, from piercing sirens of escorts, from strident eruptions of drug
peddlers; from thunderous weekend open parties, and worse now, from harsh
explosions of numerous record and cassette selling kiosks. 811
The above quoted statements portray the picture of what most inhabitants in cities
today endure because of the pollutant called “noise”. It also reveals that the variables
through which pollutants reached human beings include not only the air we breathe,
the water we drink, the food we eat, but also the sounds we hear. In other words,
noise pollution constitutes an element of the general environmental pollution problem
in Cameroon. Thus, as foul air constitutes a stench to the nose, so also is excessive
noise to the ear. In fact, this has made some people to suggest that “noise” should no
longer be regarded as a mere nuisance, but a hazard which poses serious threat to
the quality of life enjoyed especially in the urban environment. 812
Since the ear is the best detector of noise, it is obviously the organ most likely
to suffer harm from it. Damage to the sensitive nerve cells of the inner ear can cause
permanent loss of hearing.813 People vary in their response to loud sounds, it is true
but repeated exposure to sounds above 80 to 90 decibels can lead to gradual loss of
hearing814. Indeed, the higher the noise levels are, the less time one can spend daily
in that environment before such a person’s hearing suffers damage. Besides loss of
hearing, the following may be regarded as the other effects of noise pollution.

3.3.1 Interference with Speech

810
Enahoro. P, “How to be a Nigerian” The Daily Times, Lagos 1996, p. 14.
811
Soni, E.A, ‘‘The Challenge of Noise to Public Health”. The Guardian, 5th December, 1984, p. 9.
812
Egunjobi, L. op.cit p.88.
813
Ikoni, U.D. op.cit p.36.
814
Ibid p.37

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 Interference with speech may be in respect of person to person or group
conversations or even television or radio listening pleasure. Such interruptions have
the overall effect of prolonging the process of communication, making the process
more laborious and generally causing annoyance as well as frustration.

3.3.2 Interference with Sleep

It is said that “sleep is a continuum, ranging widely from a state of fully awake
to a state of deep sleep” and noise can cause a shifting from one stage to another. 815
This means that a person’s sleep may be disturbed without the person necessarily
being awake. The ultimate effects of interference with sleep are headache, fatigue,
dizziness, nausea and palpitations. The disturbing effect of noise on sleep was
manifested in the nuisance case of Abiola v F.O. Ijioma816 where it was held that the
excessive noise made by the chickens in the poultry of the defendant in the night and
early hours of the morning constituted enough nuisance for the plaintiff. A damage of
₤100 and an injunction was granted in favour of the plaintiff.

3.3.3 Alteration of Human Health

Besides the impairment of hearing ability of a person, noise affects bodily
health in other ways. It is said that “noise above 85 decibels can harm a foetus. The
baby’s hearing is damaged, and the baby may have hormonal disturbances as well
as birth defects”.817 Studies in Germany, Japan and the Netherlands suggest that the
growth of the foetus may be inhibited, and the birth weight of babies reduced, by
exposure to high levels of aircraft noise during pregnancy. 818 In addition, exposure to
loud noise constricts blood vessels and decreases the flow of blood to one’s organs.
This in turn makes the body to react by producing hormones that raise blood
pressure and increase the rate of heartbeat which may ultimately result in
palpitations or even angina. The end result being a cardiovascular disease. In a
Polish Weekly Magazine, “Przyjacioika”, it is stated that: “… excessive noises cause
fatigue, impaired concentration and insomnia” [Sic]. 819

815
Rau, J.G. & Wollen, D.C. (1980) Environmental Impact Analysis Handbook, New York & London, Mc Graw
Hill, P. 92.
816
(1970) All NLR 569. .
817
See Ikoni,U. D op cit p.36
818
Royal Commission on Environmental Pollution, Eighteenth Report: Transport and the Environment, 1994
cm. 2674, p. 48.
819
Adewale, O op.cit. p. 85

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Other physiological effects associated with noise pollution include migraine,
headache, induce stress, and gastric ulcers. Noise pollution also causes
psychological stress.

3.3.4 Interference with Work Tasks

Noise may not alter the overall speed at which one works, but it can have a
bearing on the number of errors one makes. In other words, although there are
certain work tasks that, in themselves, generate noise, there are a host of others that
cannot be efficiently accomplished in a high intensity noise environment. Thus, work
tasks that require deep concentration will adversely be affected by noise as it will
change the workers’ emotions and behaviour in a number of ways. For example, it
stimulates him to a peak and so tends to make him commit more errors. 820

3.3.5 Alteration of Birds’ Activities

Noise pollution also affects birds. There is evidence of behavioural changes in
birds because of noise pollution. In urban areas, some common songbirds are
singing during the relative quiet of the night rather than competing with the noise of
morning.
It is because of these consequences of noise pollution that attempts have been made
to control it. We will now turn our attention to the methods of its control.

3.4 Control of Noise Pollution

Noise may be controlled in a number of ways namely: at the point of its
generation, during its transmission, or at the point of its reception by the hearer.
The prevention of noise at source, rather than subsequently trying to
counteract its effects, is acknowledged as the best answer to the problem, but this,
for technical reasons, is often not possible. 821 Preventive controls can be
implemented by designating geographical zones where noise cannot go above a
certain level. Noise can be controlled during its transmission by sound-proofing
buildings and by enclosing noisy machinery. Control of noise at the point of its
820
Cheremissionoff, P.N. & Cheremissionoff, PP (1978) Industrial Noise Control Handbook (ed) Ann Arbor,
Michigan: Science publishers Inc. p.8.
821
See the first European Community Action Programme on the Environment [1973] O.J.C. 112.

184
reception by the hearer may be exercised through development plans designed to
keep noise away from residential areas, as well as through transport policy, for
example, by the control of aircraft flight paths.
In developed countries such as Britain, the control of noise is achieved
through the common law of nuisance and by a number of statutes. 822 Despite
relatively recent statutory intervention in the field of noise, the opportunity has not
been taken to create a comprehensive regime of noise control. The incidence of
complaints of noise in Europe has been steadily increasing over the past 20 years or
so despite an overhaul of the legislation set out in the Control of Pollution Act of
1974.823 However, it remains the significant statutory provision relating to noise
control.
In the United States of America, the Noise Control Act of 1972 was the first
major attempt made to protect the public and welfare from detrimental noise. 824 This
Act also attempted to coordinate federal research and activities in noise control, to
set federal noise standards for commercial products, and to provide information to
the public. Subsequently to the passage of the Noise Control Act many local
communities in the United States enacted their own noise ordinances. While such
efforts are a step in the right direction, the United States still control noise less than
many European Countries. Several European countries have developed quiet
construction equipment in conjunction with strongly enforced noise ordinances. The
Germans and Swiss have established maximum day and night level of noise for
certain areas.825 With regard to noise pollution abatement, North America has much
to learn from European countries.
As has already been canvassed in Cameroon, an awful omission in the
regulatory area concerning noise pollution is the near total lack of legislation on the
permissible noise level in it. This is because the Environmental Code does not
provide for it. Secondly, even the recent implementation decree 826 regulating noise
and smells does not also provide for it. It only states in its Article 3(2) that the
tolerable level of noise in decibels will be given by an organ charged with quality and

822
These statutes include the Control of Pollution Act of1974, the Civil Aviation Act of 1982, the Road Traffic
Act of 1988, the Environmental Protection Act of 1990, the Noise and Statutory Nuisance Act of 1993 and the
Noise Act of 1996.
823
Bell, S & Mc Gilivray op.cit p. 458.
824
Ibid.
825
Mc Eldowney &.Sharron, J. p 350.
826
Decree Nº 2011/2583/PM of 23 August 2011.

185
normalization. This organ is not known yet, let alone given the tolerable level of
noise.
It is however comforting that Cameroonian councils and courts have risen to the
occasion by filling, these lacunae with council and judicial decisions. 827 It is conceded
that reasonable and small (both in volume and duration) noises may pose as a
tolerable exercise of human rights. However, it is contended that, when noise is
made carelessly, negligently or selfishly to the harm or reasonable annoyance of
neighbours or even of strangers, then it becomes an actionable nuisance. A pollution
which society should not permit as no right or claim can be in absolute terms.
Therefore, cases of excessive religious and trade noise should be seen as
anti-social behaviour which the law ought to condemn that is why the government
has responded to this damaging level of noise produced by churches by closing
down some Pentecostal churches in some towns of Cameroon a few weeks ago. 828
Surely, religious tolerance or the right to freedom of religion on the doctrine of
secularism should not be extended to embrace toleration of nuisance by noise under
the guise of religion nor should a decent society accept a culture of noise-making by
condoning activities such as the hawking of wares through loudspeakers especially
along the streets and near residential apartments and office areas. 829
As mentioned earlier, Cameroonian councils and the Judiciary within the ambit
of their jurisdiction have come out against the noise culture through a few decisions.
Hence, in Bitogal Paul Charles v. La Scierie (EGPA),830 the defendant, an enterprise
which produces intolerable noise during its production process was attacked by its
neighbours, but the company did not stop the noise. The plaintiff then took the matter
to court where judgment was passed in favour of the plaintiff. The court asked the
defendant to pay damages to the plaintiff and also to reduce or completely stop the

827
See the case of Bitogal Paul Charles v La Scierie (EGPA) TPI de Douala ord de réferé Nº 373/RR/84-55
(unreported).
828
For example in Bamenda,Douala and Yaoundé a number of churches have been closed down by the
Divisional Officers. Cases in point include “Mission Evangelique Vie et paix du Cameroun” closed down by
the Divisional Officer of Yaoundé V,Mr Martin Locko Motassi.The District Officer of Yaounde7, close down
two Pentecostal churches namely; “Heaven’s Gate of all Nations” and ‘Ministere de la Deliverance du Progres”
by Order No.000 30/A/J06.03/BADL.The question we ask is what about Mosques which have speakers which
come alive every 5am to announce prayer time? Is that not noise why have they not been closed down too? This
proves that the Orders are discriminatory. For more on this see Cameroon Tribune No.10406/6607 /40th year,
Monday 19th August 2013.Publisher:Marie Claire NANA-web www.cameroon-tribune.cm p. 16.
829
Bomba, N and Dasse P (2003) « les Mécanisme de Règlement des Différends »(Nationeau et Internationaux)
Séminaire Relative A la Formation Aux Textes Juridiques, Rapport du Premier Atelier, Sponsor by BRAIN
TRUST, p. 96.
830
Ibid

186
noise for the defendant violated Section 60(1) and (2) of the Environmental Code.
Furthermore in the case of Garage Nguenta v. Ntogo Masse831 the defendant opened
a garage at Bastos, a high class residential area in Yaoundé. The noise produced by
this garage during car repairs, was disturbing the plaintiff and other residents. The
plaintiff’s own problem was peculiar because his house was too near the garage. He
therefore had locus standi.832 The plaintiff brought an action against the defendant for
violating Sections 21, 60(1) and (2) of the Environmental Code. Judgement was
passed in favour of the plaintiff by asking the defendant to pay the sum of 2,500,000
francs and also to vacate the premises.
It is noted in Cameroon that, there is a paucity of reported cases of noise
pollution because of the almost lack of a law reporting system. Therefore, a plethora
of Nigerian cases will be used to buttress a point where necessary; just as
persuasive authority. Thus in the Nigerian case of Moore v. Nnado833 the plaintiff
complained that the defendant caused him nuisance through excessive noise in his
adjoining palm-wine bar by playing his stereogram unreasonably loud until late every
evening. The plaintiff averred that as a result of the noise he had been compelled to
seal up his louver window with sheets of plywood and to spend most of his time in
the back yard of his house. The court held that the misfeasance act was actionable.
Similarly, in the Nigerian case of MkO Abiola v. F.O. ijoma834 the plaintiff, a chartered
accountant lived with his family at No. 7 Shofidiya Close, Surulere. The defendant
owned and occupied the adjoining property at No.8 Shofidiya Close,Surulere. The
two houses were situated in an area-zoned for residential purposes only. The
defendant kept a poultry at the back of his house as a past time activity. In 1969, he
purchased 400 day-old chickens and kept them in pens erected on the boundary wall
that separated his own building from that of the plaintiff. When the defendant first
introduced this large number of chickens into the house, the plaintiff said that he
protested to him that it would cause him great offence, but the defendant assured
him to the contrary. As time went on, the plaintiff met the defendant to complain
again that his comfort was being disturbed as a result of the poultry behind the
831
Ibid, see also Me Ada Mengue Brigitte v. Maison Naisports, TPI de Douala. Ord. De réferé Nº 519/RR/84-85
(unreported).
832
It is a principle in law which states that before a plaintiff can succeed in an environmental damage action he
must be exceptionally affected. In other words, the damage he has incurred or is suffering must be peculiar like
that of Mr. Ntogo M discussed above. Without which he will not be compensated if the damage affects the
whole public equally. For more on this see chapter 7 of this research.
833
(1967) FNLR, 156
834
(1970), All NLR 265

187
dwelling house. The defendant took no action, and so the plaintiff brought this action
to restrain the defendant’s acts and to claim damages.
The plaintiff’s claim was broadly based on the following:
1) Excessive noise made by the chickens in the early hours of the morning which
prevented him (the plaintiff) from having a good sleep;
2) Odious smell emanating from the same chicken pens as a result of excreta or
droppings from the poultry; and
3) Rats, flies and fleas escaping from the poultry into the house and disturbing
his comfort and impairing his health.
On the issue of noise, the court held as follows:
I accept the evidence of the plaintiff that these chickens do make noise at the early
hours of the mornings, and when some 400 day- old chickens do join together to click
or make noise about the same time and at this particular time of the night, it is bound
to be excessive and to disturb the peace of a neighbour who is barley 5 feet from their
pens… it seems to me to be more than triviality and the plaintiff is justified if he
complains.835
On the issue of smells and odours, the court held that:
There can be no doubt… that droppings from chickens do smell when left for a while.
Although the defendant claims to keep the poultry tidy, but not smell-proof, it is weekly
that the droppings are cleared by his labourers. These droppings or excreta will
undoubtedly give out bad smells since they are not cleared up immediately and a
person such as the plaintiff who is close to the poultry will sense it more than the
defendant unless when the latter pays his regular visits to the poultry to satisfy his
tastes… I do not believe that the plaintiff is being fanciful in all his complaints of
excessive noise and smells and they are, in my judgement more than trifling
inconvenience that an ordinary person living in that area of Surelere which is a
residential area can be called upon to bear.836

Finally, on the issue of flies, rats and fleas escaping into his house from the
poultry, the court held that the plaintiff’s claim was not proved and dismissed that
claim. But on the issue of noise and smell, the court granted an injunction and
awarded ₤100 damages against the defendant. The above cases highlight damages
arising from environmental pollution emanating from noise or smell and what
remedies are available to a person suffering from such pollution. The damages

835
Ibid, at 574 per Dosumu, J.
836
Ibid, at 547-575 per Dosumu, J.c.f. the case of Lagos City Council v Olutimehin (1969) 1. All NLR 403, and
also Helsey v Esso Petroleum Company Ltd (1961) I WLR 683.

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complained of, by the plaintiffs are essentially those which may be covered under
public liability policy837
Unlike other pollutants, noise does not affect areas remote from its source. For
this reason, local authorities who have knowledge of local conditions are the main
agencies involved in combating noise pollution in Cameroon. The traditional legal
response to noise has been to employ the concept of nuisance, first in the common
law, and later through the development of simpler “statutory nuisance” procedure.
This necessitates us to state what the essence of nuisance is. It has been stated
that:
The essence of nuisance is a condition or activity which unduly interferes with the use
and enjoyment of land. It is an act or omission which is an interference with,
disturbance of, or annoyance to a person in the exercise or enjoyment of a right
belonging to him as a member of the public when it is public nuisance or his
ownership or occupation of land or of some easement, profit or other right used or
enjoyed in connection with land, when it is private nuisance. 838

Nuisance is divided into two namely: public and private nuisance, although it is
quite possible for the same conduct to amount to both. A public nuisance is a crime
while a private nuisance is only a tort. A public or common nuisance is one which
materially affects the reasonable comfort and convenience of life of a class of
persons who come within the sphere or neighbourhood of its operation; the question
whether the number of persons affected is sufficient to constitute a class is one of
fact in every case, and it is sufficient to show that a representative cross-section of
that class has been so affected for an injunction to be issued. 839 It is one which is so
widespread in its range or so indiscrimate in its effect that it would not be reasonable
to expect one person as distinct from the community at large 840 to take proceeding to
put a stop to it.
A private nuisance may be described as unlawful interference with a person’s
use or enjoyment of land, or some right over, or in connection with it. 841 Generally, the
837
Infra.
838
See Clark and Lindsell on Torts (1988) 14th Ed. Sweet & Maxwell p. 803 article 1391.
839
Att. Gen v. P.Y.A. Quarries Ltd [1957] 2 Q.B. 169, 184, per Romer L.J. (Quarrying, blasting, stones and
splinters projected from quarry, just, noise and vibration) R v. madden [1975] WLR 1379 [Loax bomb alarm;
see now Criminal law Act 1977, s. 51).
840
Ibid at pp. 190-191, per Denning L.J.
841
Adopted by scott L.F. in Read v Lyons & Co Ltd [1945] K.B. 216, 236; by Lord Goddard C.J. in Howand v
Walker [1947] ch. 92, 107 (his diction on this was unaffected by the appeal. [1947] 2ALL ER 197, 199; be
Evershed J in New Castle under – lyme Corporation v Wolstantan Ltd. [1947] ch. 427, 467-468) and by
windeyer J, in Hargrove V Goldman (1963) 37 AL. J.J. 277, 283, affirmed [1967] I AC. 645. For other

189
essence of a nuisance is a state of affairs that is either continuous or recurrent, a
condition or activity which unduly interferes with the use or enjoyment of land. 842 Not
every slight annoyance, therefore, is actionable. Stenches, smoke, the escape of
effluent and a multitude of different things may amount to a nuisance in fact but
whether they constitute an actionable nuisance will depend on a variety of
considerations, especially the character of the defendant’s conduct, and a balancing
of conflicting interests.843 Indeed the whole of the law of private nuisance represents
an attempt to preserve a balance between two conflicting interests, that of one
occupier in using his land as he thinks fit, and that of his neighbour in the quiet
enjoyment of his land.844 The way the occupier is using the land must be reasonable
in the circumstance. The central issue of the whole law of nuisance turns on the
issue of reasonableness of the defendant’s conduct “according to the ordinary
usages of mankind living in … a particular society”. 845 It is vital to grasp at the outset
that reasonableness is being used here in a sense rather different from the law of
negligence. In other words, our attention is concentrated on the relative issue of the
characterisation of the defendant’s conduct and once we have determined this in the
plaintiff’s favour, we immediately progress to legal liability, treating the plaintiff’s right
to personal security as absolute. Nuisance, however, generally approaches the issue
from the other end and we cannot make such a proposition as that you may not
make a noise which irritates your neighbour, for common sense tells one that such a
rule would be totally unworkable. Some intrusion by noise (or smells or dust, etc) is
the inevitable price of living in an organised society in proximity to one’s neighbours,
“indeed the very nuisance the one complains of, as the ordinary use of his
neighbour’s land, he himself will create in the ordinary use of his own and the
reciprocal nuisance are of a comparatively trifling character”. 846 Accordingly, the
protection of such interest must be approached with an attempt to balance the
competing rights of neighbours, a process of compromise, a “rule of give and take, of

definitions. See Pollock, on Torts, 15th ed, p. 302. Salmon and Heuston, on Torts 18th ed, Street, on Torts, 7 ed,
pp. 229-231.
842
It is not necessary that there be any physical emanation from the defendant’s premises: Thompson –Schwab v
Costaki (1956) I WLR 335; Laws v Florinplace Ltd [1981] I ALL E.R. 659 (sex shop; interlocutory injunction,
triable issue of nuisance independently of risk of undesirable activities by customers)
843
See post, pp. 388-397
844
“A balance has to be maintained between the right of the occupier to do what he likes with his own, and the
right of his neighbour not to be interfered with” Sedleigh-Denfield v. O’Callagan [1940] A.C. 880, 903 per Lord
Wright
845
Sedleigh-Denfield v O’Callaghan [1940] A.C 880, 903, Per Lord Wright.
846
Bramford v Turnley (1862) 3B & S. 62 83, per Bramwell B; Kennaway v Thompson (1981) Q.B. 88, 94.

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live and let live.” 847 It is to this issue that we are directing our attention when we talk
of the “reasonableness” of the defendant’s conduct rather than to whether he took
reasonable care in the negligence sense. “Reasonableness” signifies what is legally
right between the parties taking account of all the circumstances of the case. 848 The
difference between the two approaches is in some ways more apparent than real and
is perhaps the product of the fact that the majority of nuisance actions involve
deliberate interference by the defendant, 849 but for practical purposes there is still a
good deal of truth in the statement that knocking a man down carelessly is a tort
simpliciter while making a noise that irritates him is only a tort sub modo. This is far
short of saying that care is irrelevant to liability for nuisance. It has been argued
above that if the defendant could not have expected any substantial degree of
interference with the plaintiff’s property he cannot be liable. In the case of
interference which is patent, lack of care may, however, lead to liability for it is not
reasonable to expect the plaintiff to put up with interference which could be reduced
by the adoption of proper measures.850 On the other hand, if, after balancing the
competing interests of the parties, the courts consider that the interference is
excessive by any standards then the fact that the defendant has taken all reasonable
care and reduced it to a minimum provides no defence-the irreducible minimum is
itself the nuisance.851
No precise or universal formula is possible to determine reasonableness in the
above sense. Whether an act constitutes a nuisance cannot be determined merely by
an abstract consideration of the act itself, but by reference to all the circumstances of
the particular case; the time and place of its commission, the seriousness of the
harm, the manner of committing it, whether it is done maliciously or in the reasonable

847
Bramford v Turnley, ibid.
848
See Keeton, S (1959) “Conditional Fault in the law of Torts” 72 Harv. L.R. 432 433, n. 62,’ Fridman, T
(1955)“Nuisance and the Reasonable Milkman” A.L.J 435-436, based on Munro v Southern Dairies [1955]
V.L.R. 332.
849
All the circumstances of the cases, including the utility of the defendant’s activity must be taken into account
in determining whether his conduct is so unreasonable as to amount to a nuisance but such matters may be
equally relevant to determine whether his conduct constitutes legal negligence. Indeed, where there is physical
injury but no deliberate interference by the defendant one can discern a strong tendency to run nuisance and
negligence together: Bolton v stone (1951) A.C. 850; Goldman v Hargrove [1967] I A.C. 645.
850
Compare Leeman v Montagu (1936) 2 AA ER. 1677 (750 cockerels crowing between 2 and 7 a.m. no attempt
to rearrange form, held a nuisance) with Moy v Stoop (1909) 25 T.L.R 262 (crying children in day nursery, no
lack of care, no nuisance) and see Manchester Corp v Farmworth [1930] AC 171, Manners v Chester [1963]
C.L.Y. 2561 and the cases on malicious activity, post, p. 395.
851
Rapier v London Tramways Co [1893] 2ch. 588. Thus it must often be a pure gamble whether I act lawfully
in opening a particular business in a street, for I will be liable, no matter how much care I have taken, if I make
an error of judgement in deciding whether business is offensive or not.

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exercise of rights; and the effect of its commission, that is whether it is transitory or
permanent, occasional or continuous; so that it is a question of fact whether or not a
nuisance has been committed.852 This principle of reasonableness is applied to the
cases of noise to determine whether the act was reasonable in the circumstance. If
not, then an action can be brought against the defendant. For as we said earlier,
everybody must tolerate some degree of noise and odours in the society to enable
life to move smoothly. Where the act is not reasonable an action will be brought
against the defendant. That is why the court passed judgement in favour of the
plaintiff in the Mko Aboila case discussed above, because the act of keeping
chickens near the plaintiff’s house by the defendant was not reasonable in the
circumstance because the noise they produced (or made) disturbed the plaintiff.
A drawback, which makes the tort of nuisance to be ineffective in protecting
the right of the individual against pollution, is the inexcusable reluctance of courts in
Cameroon to grant injunctions against companies, which cause noise pollution.
In noise pollution cases, our courts often examine the likely effect of its judgements
on the defendant’s company and the need for continuous production by such a
company and consequently, place the pecuniary benefits to the defendant’s company
and the country above the need for the protection of the environment, individual
health and property.853
We therefore summit here that, the courts of Cameroon should borrow a leaf
from the American courts which occasionally grants injunctions in deserving cases. In
Amoco Production Co v Village of Gambell, Alaska 854 the Supreme Court of America
observed as follows:
Environmental injury, by its nature can seldom be adequately remedied by money
damage and is often permanent or at least of long duration that is irreparable if such
injury is sufficiently likely, therefore the balance of harm will usually favour the
issuance of an injunction to protect the environment.
Attention should be drawn here to the fact that about half of the companies
located in Cameroon do not obey international rules of noise. 855 Dr. Kotto,856 observes

852
Brainford v Turnley (1862) 3B & S. 66, 79, per Pollock C.B; Stone v Bolton (1949) I ALL ER 237, 238-239,
per Oliver J (approved as to nuisance [1950] IK.B. 201 (C.A), and on other grounds [1951] A.C. 850).
853
Ekpu, A.O (1954) “Environmental Impact of Oil on Water: A comparative Overview of Land and Policy in
the United States and Nigeria” 4 Denver Journal of International law, p. 214.
854
480 US 531 (1987).
855
Chat compiled by Earth Force, Inc (www.earthforce.org) with data from the Environmental Protection
Agency and Wisconsin Department of Natural Resources.
856
He is a medical doctor working in the Soppo Priso Polyclinic in Douala.

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that, if they did, all will close down. This may account for the toleration of noise above
the proposed international norms. It is therefore safe to say here that, the principle of
polluter pays, to an extent, is an empty slogan.

3.5 Duties of the Local Authorities (Councils)

Every local authority in Cameroon is under a duty periodically to inspect its
area for the presence of statutory nuisances, and if a complaint is made to the
authority by a person living within its area, the authority must take reasonable
practicable steps to investigate that complaint. 857 If the local authority fails to do this,
the Ministry of the Environment, Nature Protection and Sustainable Development
(MINEDEP) may make an order declaring the local authority to be in default, and
may direct the authority to carry out its duty in a specified manner. If the local
authority fails to comply with the order, MINEDEP may transfer the relevant functions
of the authority to itself. Where the local authority is “satisfied” that a statutory
nuisance exists, or is likely to occur or recur in its area, it is under a duty to serve an
abatement notice. The appropriate standard for the authority to apply in determining
whether the nuisance (noise) exists is the civil standard, namely the balance of
probabilities, because although the criminal law may be used eventually to enforce
the abatement notice at the time of its service, the proceedings are civil. The decision
of the English case of R v Carrick DC Exp. Shelly and Another 858 has made it clear
that once the authority has discovered the existence of a statutory nuisance, it has no
discretion as to whether or not to serve a notice. The court held in that case that the
local authority had failed in its statutory duty when, in the light of complaints about
pollution on its beaches, it resolved not to take any action, but merely to monitor the
situation. In granting an application for judicial review of the authority’s lack of action,
the court held that the authority’s inaction had not been based on a decision that
there was no statutory nuisance (a judgement of fact which it would have been
entitled to make); rather it had been based on a decision that serving a notice was
not appropriate (a judgement based on the exercise of discretion, which it did not
possess).

857
See Section 16 of Law No. 2004/018 of 22 July 2004 laying down rules applicable to Councils.
858
The Times, June 15, 1996.

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 It is to be noted that the wording of the law allows a local authority to serve an
abatement notice even before the nuisance has commenced, in order to prevent it
from occurring.

3.5.1 The Abatement Notice

Once there is a complaint of noise pollution, the local authority must serve an
abatement notice on the relevant person by delivering it to him personally, or by
leaving it at his proper address. In some European countries such as Britain, it is sent
to him by post through that address. 859 The abatement notice may require the
abatement of the nuisance by imposing a complete prohibition on the activity in
question, or by restricting the occurrence of the activity. It may also require the
execution of works necessary to abate the nuisance, such as sound-proofing in the
case of noise. The notice must also specify a time limit within which its requirements
are to be carried out.
There are no other statutory provisions specifying what the notice must
contain. In accordance with general principles of administrative law, however, the
notice must tell its recipient clearly what he has done wrong and what is required of
him to remedy that wrong. The detailed steps which a local authority may require the
recipient to take has been considered by the courts. The English case of Wivenhoe
Port v Colchester BC860 will be relied on since there is no reported Cameroonian
case on this. In that case an abatement order, served under similar legislation which
predated the Environmental Protection Act of 1990, directed the company in question
to use a specifically described Cargo-handling system at all times. The court held
that although the wording of the relevant legislation enabled a court to require the
recipient of the order to undertake positive works to abate the nuisance (as does the
current legislation), what was being asked for in this case went beyond “works”, and
that the legislation did not empower the authority to direct the company as to how it
should carry out its day-to-day operations.
The next problem is where the notice indicates that the noise level should be
reduced to a certain level. Why it is a problem is firstly because the councils in
Cameroon do not have the equipment to measure noise and even if they have, it is
not easy to maintain a certain level of noise throughout. Secondly, the councils do

859
Local Government Act of 1972, S. 233.
860
[1985] J.P.L 175.

194
not have enough workers who will move from place to place or go to the place where
the agreed level of noise is supposed to be maintained. This problem of a stipulated
level of decibels is not only in Cameroon but obtains in other countries. Thus in the
English case of Network Housing Ltd v Westminster City Council, 861 an abatement
notice was held to be invalid when it stated that noise levels had to be reduced to a
certain level of decibels, but did not say how this was to be achieved. The court held
that although in some obvious cases a notice requiring little more than a reduction in
noise levels might suffice, in the circumstances of this particular case, Westminster
City Council should have made up their minds about the nature and extent of the
works required and should have identified these in the notice. The court’s decision
was influenced by the fact that, whatever work was carried out, it would be practically
impossible to measure or guarantee the result of that work in advance. Bearing in
mind the risk of exposure to penal sanctions for non-compliance with the notice, it is
essential that the appellant should be told clearly and exactly what works he is
required to undertake.
The notice must be served to the “person responsible for the nuisance,”
except in cases where he cannot be found, when it may be served to the owner or
occupier of the premises on which the nuisance arises. 862 This reflects the traditional
rule that such persons are responsible for abating nuisances arising on their
property.

3.5.2 Alarms in Unattended Vehicles

Normally if the noise from a vehicle, from machinery or equipment which has
been left unattended to in the street, reaches nuisance levels, the abatement notice
should be served to the person responsible for that vehicle, machinery or
equipment.863 This will include the person in whose name a vehicle is, for the time
being, registered and any other person who is for the time being the driver of the
vehicle (or, where machinery or equipment is concerned, its operator). The council
worker(s) must spend some time trying to trace the person responsible for the
unattended vehicle so that he may be served with an abatement notice. 864 Even

861
[1995] Env. L.R. 176
862
Mr. Etoua Roger, the Secretary General to the Yaoundé 6th Council.
863
Ibid.
864
Ibid.

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though establishing the ownership of, or the identity of the person responsible for
vehicles, machinery and equipment left unattended in the street can be difficult and
time-consuming, it however has to be done. The aim of this procedure is “designed to
balance the rights of an owner not to have his vehicle broken into, or his machinery
interfered with, against the needs of those who live or work in the vicinity and who
are suffering a noise nuisance”.
If, after sometime, the owner or user of the vehicle, machinery or equipment
cannot be found, the officer may affix the notice to the vehicle, himself, and may then
take whatever action he considers appropriate to abate the noise nuisance. The
council officer has the power to open and enter, if necessary by force, any vehicle,
machinery or equipment on the street, and to remove it to a safe place if that is
necessary to abate the noise.865 All what has been discussed above is what ought to
be but it is not. The reasons being firstly, that most council workers have little or no
knowledge of how to open a car whose alarm has gone off, and secondly, the council
officers are not many to go about checking cars and equipment which produce
excessive noise. Thirdly, the nonchalant attitude of the mayor or government
delegates to city councils to send 866 out council workers to move around and identify
cars whose alarm systems have gone off and the owners are not there to put them
off. Fourthly, even where they are sent out they do not bother to break into cars
whose alarms have gone off for a very long time without the owner being traced. This
accounts for the disturbing noise in the society produced by cars, equipment and
machinery whose alarms have gone off.

3.5.3 Failure to Comply with the Notice

A person on whom an abatement notice has been served commits a criminal
offence if he fails to comply with its requirements without reasonable excuse. The
offence is triable in the court of First Instance where the maximum fine is from 4,000
to 20,000frs or imprisonment for from five to ten days or both are awarded. 867 This
quantum of damages is too small to deter the offender from violating the abatement
notice. It is one of the reasons why most offenders violate this abatement notice
because the quantum of damages awarded is affordable.

865
Ibid.
866
Section 71 of law Nº 2004/018 of 22/07/2004 laying down rules applicable to Councils.
867
See Section 362(d), of the Cameroon Penal Code laid down by Law Nº 65/LF/24 of 12th November 1965 and
Law Nº 67/LF/ 1 of 12th June 1967.

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 Although the defendant may be able to avail himself of the defence of “best
practicable means,” it has been held that lack of finance is not a reasonable excuse
for failing to comply with an abatement notice, nor is the fact that the nuisance
constitutes music at a birth day celebration to which the neighbours have all been
invited.
The councils in Cameroon have a discretion whether or not to bring a
prosecution for failure to comply with an abatement notice. Whether or not they
choose to do so, however, the local authorities may themselves take action to abate
the nuisance and may recover the cost of so doing from the person responsible for
the nuisance (or from the person who owns or occupies the premises on which the
nuisance arose).

3.5.4 The “Best Practicable Means” Defence

If the noise which constitutes a statutory nuisance is made on industrial, trade
or business premises (or, if a noise in the street, is the result of a business, trade or
local industry), it is a defence for the accused to show that the “best practicable
means” were used to prevent or to counteract the effects of the nuisance.
“Practicable” means reasonably practicable, having regard, amongst other things, to
local conditions and circumstances, to the current state of technical knowledge, and
to the financial implications of the means employed. The “means” which may be
employed to abate the noise (nuisance) include the design, installation, maintenance
of plants and machinery, as well as the manner and the length of time for which it is
operated. They also include the design, construction and maintenance of buildings
and structures. In practice, a defendant raising the defence of “best practicable
means” may pose serious problems to the councils (local authorities), who lack the
information and investigative resources to refute the defendant’s claims. That is the
problem the councils in Cameroon face when the defence of “best practicable
means” is raised for most of the workers of the councils are not well trained or even if
they are, they are not experts in this field.

3.5.5 Action by a “Person Aggrieved”

A person who suffers from noise nuisance can take proceedings against the
person responsible for the noise (or, where he cannot be found, against the owner or
occupier of the premises on which the nuisance has arisen) by making a complaint to

197
the council or court. It is worthy of note here that an aggrieved person has two
options to choose one. The first is that he can start his proceeding but with the
council. The second is that he can start but with the court. If he wants to complain to
the council after suffering from noise nuisance he will start by complaining to the
Service Head of Hygiene and Sanitation (chef de service D’Hygiene et de
Salubriete). The council will then send its workers to go and verify whether the
complaint is true. If it is, then a fine will be levied and an injunction to abate the
nuisance granted.
On the other hand if the aggrieved person wants to go to court directly he will
complaint to a bailiff who will then submit the complaint to court. It is equally worthy
to mention here that if the complaint is against a company and not an individual, and
the company has an authorisation, the plaintiff will start with the administrative judge.
If the judge is slow in taking an action the plaintiff will proceed to the Administrative
Chamber of the Supreme Court. Where the company has no authorisation to locate
where it has done, an aggrieved party will commence action but in the ordinary court.
He does so through a bailiff. Before he does so, however, he must inform the person
(company) responsible of his intention to bring proceedings. If the magistrate is
satisfied that a nuisance exists (or, although abated at present, is likely to recur in the
same premise or street) he may issue an order requiring the defendant to abate the
nuisance or prohibiting its recurrence and may in that order, require the defendant to
take certain specified steps to facilitate this. The magistrate can also, at the time the
order is made, impose a fine. Because magistrates impose sanctions under criminal
law in such cases, the standard to which they must be “satisfied” of the existence of
the statutory nuisance is the criminal standard, namely, beyond reasonable doubt.
Where neither the person responsible for the nuisance, nor the owner or occupier of
the premises can be found, the magistrates, after giving the local authority the
chance to make representations, can direct the local authority to abate the nuisance
or take action to prevent it from recurring.
Not every person affected can bring an action for noise nuisance. The
meaning of “person aggrieved” was examined in a general context by Lord Denning
MR in Attorney General of the Gambia v N’jie, 868 where he held that the phrase was
of wide import and should not be subjected to a restricted interpretation. “Persons
aggrieved” will not, of course, include mere “busy bodies” interfering with matters
868
[1961] A.C. 617.

198
which do not concern them, but the phrase is wide enough to cover practically
anyone who has a genuine grievance. Thus, in Sandwell MBC v Bujok869 it was held
that anyone whose health, or that of his or her family is affected, is a person
aggrieved, whilst in Brimingham DC v Mc Mahon870 it was held that a council tenant
in a block of flats, who complained of a nuisance affecting the block in general but
not his flat in particular, was not a person aggrieved. Therefore it can be concluded
from the decisions of the above cases that for a person to bring an acceptable action
for noise pollution he or his family must be affected particularly.
Failure to comply with the requirements of an abatement or prohibition order is
a criminal offence for which there is a penalty and a fine levied against the defaulter.
The defence of “best practicable means” is available.
It is apparent, then, that there are certain differences between proceedings
taken by the council and proceedings taken by a “person aggrieved.” When a local
authority (council) wishes to take an action to abate a noise nuisance, it serves an
abatement notice. The procedure is at this point civil in nature. Therefore, if the
recipient of the notice appeals to the court, the standard of proof in any matter
requiring to be proved is “the balance of probabilities.” However, once the
requirement of the abatement notice is disobeyed, the matter becomes criminal. By
contrast, where a person aggrieved takes action by making a complaint to the court,
proceedings are criminal from the outset, because the courts have power to fine the
defendant. Accordingly, the standard of proof is the criminal standard.
3.5.6 The Regime in Practice
The inadequacies of a statutory nuisance action for problems of noise are
numerous. They include the difficulties experienced by complainants and by councils
in establishing that a noise nuisance has occurred in the first place. Because of the
degree of subjectivity involved in the concept of “noise” (and indeed in the concept of
“nuisance”), it is often not easy to predict in advance whether the magistrates, on
appeal against a notice, will decide that the barrier between reasonable noise and
noise nuisance has been crossed. The difficulties of proving noise nuisance mean
that statutory nuisance proceedings are more likely to be successful in cases of long
and continuous noise emissions as opposed to short, intermittent noise emissions.

869
[1990] 2 ALL ER. 385.
870
(1987) 151 J.P. 709.

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Although, in theory, proceedings can be taken to abate nuisances before they occur,
in practice, it is difficult.
Councils in Cameroon scarcely have the resources for reasons already
discussed in the foregoing to fulfil their statutory duty of inspecting their areas for the
existence of nuisance already occurring, let alone to inspect for likely sources of
future noise pollution. The right of the aggrieved individual to bring proceedings in a
court is not well publicised and is under-used. Most individuals will perceive litigation
on their own as involving expense and as daunting in its complexity, and will
therefore complain to the local authority in the first instance. Despite this, local
authorities, however, often respond to domestic noise complaints too slowly for these
to be dealt with effectively. For example, between 1993 and 1994 in Britain, there
were 131, 153 complaints about noise from domestic premises alone. Abatement
notices, however, were served only in a few thousand cases. 0.3 percent of the
131,153 complaints resulted in a conviction 871. In the light of these statistics, the
government considered that a more immediate response, and one which removed
the administrative burden on noise sufferers, was needed for the problem of
domestic night-time noise872.

3.6 Preventive Control of Noise

The concept of nuisance provides limited control over noise. The law of
nuisance comes into play when an unjustified noise is emanating from an identified
“point” source, but it is of little use where the general level of noise in an area from
often unidentifiable and arguably justifiable sources, gradually rises over time.
Moreover, nuisance procedures are concerned largely with abating excessive noise
once it has occurred. Even though a council may serve an abatement notice where a
nuisance is likely to occur, in order for the problem to have come to the authority’s
attention, there must have been some indication that a nuisance was likely. Thus, the
nuisance procedure is not truly a form of preventive control, because it does not
allow for controls to be instigated before noise has caused at least some problems.
Under existing law,873general noise from diffuse sources may be controlled by a local
authority, which may designate certain areas or the whole of its area as a “noise

871
Mc Eldowney and Sharron J.op cit.p347
872
Ibid
873
See Law Nº 96/12 of 5th August 1996 relating to Environmental Management.

200
abatement zone”. Within such zones, target levels are set for noise emission in order
to reduce the ambient noise level.

3.6.1 Noise Reduction Notices

If, having set target noise levels in a noise abatement zone, the local authority
decides that in order to hold steady or to reduce ambient noise levels there should be
a reduction in the level of noise from certain sources, it may issue a noise reduction
notice on the person responsible for the noise. The notice may require any reduction
which is reasonably practicable and would secure public benefit. It may specify
particular times or days during which the noise level is to be reduced and may
require noise to be reduced to different levels at different times or on different days.

Conclusion
It is visible from the discussion in this chapter that noise is fast becoming one
of the worst effects of modern-day living because the laws put in place provide no
adequate solution to urban (environmental) noise in Cameroonian cities.
It is agreed874 that as a country, Cameroon has fared reasonably well in
environmental control through legislation and management. However, this effort,
laudable as it is, has taken place within the inadequate ambit of a weak and
insufficiently articulated environmental policy. This situation therefore calls for
rectification. Even in the existing enactments, there are serious lacunae in the law
concerning noise pollution. As we have noted earlier in this chapter, there is as yet
no efficient, comprehensive and functioning noise legislation in Cameroon. Due to
that, public health is already under siege as a result of this omission. It is indisputable
that Cameroon is in need of a standard acceptable noise level and one should be
adopted as a matter of utmost necessity and urgency.

874
Ako J. A..op.cit.p.51.

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 CHAPTER FOUR
URBAN WATER POLLUTION REGULATION

Introduction
Water is arguably one of the most abundant natural resources on earth 875. It
has been part of the existence, tradition, religion 876 and sacred beliefs that has
characterized and dominated the history, identity or culture of most modern and
traditional communities and societies of the world. But throughout history, man has
been ravaged by plagues and epidemics as a result of poor sanitation and polluted
water.877 Water pollution is the most pervasive environmental problem on the
planet.878 Nearly one third of the world’s population lacks access to proper sanitation
facilities; more than one billion persons lack access to clean water 879. There is no
doubt that the need to prevent waterborne diseases is a major thrust of efforts aimed
at stemming the decline of the environment. Ensuring water quality and protecting
water resources through pollution controls are central to any effective system of
environmental protection880.
It is discernible that apart from air, water is the most essential requirement of
all living beings and breathing things. It is for this reason that most governments will
strain every sinew to provide and maintain a reliable water supply to meet the
multifarious domestic, industrial and social needs of the citizenry without which the
adage “Water, water everywhere, none to drink” will be true 881.
In Cameroon many rivers, especially those in urban centres are known to be
polluted, and they are becoming more so every day. It was in an effort to prevent this
possible disaster that the Cameroonian government decided to put in place several

875
UNESCO Water Portable Weekly Update no. 122, published in December 2005. p.15
876
In Buddhism, water is used in funerals. It is poured and over flows into a bowl placed before the monks and
the dead body. In Christianity, water is intrinsically linked to baptism, a public declaration of faith and a sign of
welcome into the Christian church. In baptism, water symbolizes purification, the rejection of the original sin.
Water is imbued with powers of spiritual purification for Hindus, for whom morning cleansing with water is an
everyday obligation. For Muslims, water serves above and beyond all for purification. The first and most
important involves washing the whole body and recommended before Friday prayers and before touching the
Koran. Jews use water for ritual cleansing to restore or maintain a state of purity.
877
The typhoid epidemic that swept London in the mid 19 th century underscored the peril of water pollution and
launched the first organized steps to combat it. See Sloan, J.J (1979) “Environment and Law” 1st Ed., Ocean
Pub. Unc New York, P. 19
878
Hunter, D (1998). International Environmental Law and Policy 1st Ed New York Foundation Press. p.9.
879
Ibid.
880
Mc Eldowney and Sharron J. (2010) Environmental Law . 1stEd Longman Printing Press p. 265
881
Ibid.

202
pieces of national legislation. For instance, the Cameroon parliament debated and
adopted a law in 1998882 which laid down regulations governing water resources.
Under this instrument, the Minister of Water Resources and Energy is
charged with the duty of ensuring that proper provision is made for the environment
through the supply of water for drainage, the safe disposal of sewage, effluent and
water-borne wastes, and the control and prevention of pollution 883 and also the
protection of inland and estuarine fisheries, flora and fauna 884.
The purpose of this chapter is to highlight the dangers of water pollution
provoked by domestic and industrial waste discharges into the rivers and water
courses of Cameroon, the efforts of laws and decrees in the control of water pollution
and where necessary, propose reforms for the way forward.

4.1 History of Water Pollution Prevention

This part will examine the early measures put in place in England to prevent water
pollution on the one hand and the prevention of urban water pollution in Cameroon
on the other.

4.1.1 Prevention of Water Pollution in England

Legislation to control pollution began in the 14 th century in England with the
enacting of the Act of 1389 for punishing nuisances which caused contamination of
the air near cities and great towns in 1388 885. This made it a criminal offence to throw
garbage and entrails into rivers and other waters as Thornton posits:
For that so much dung and filth of the garbage and in trails as well of beast killed be
put in rivers and other waters the air there is greatly corrupt and if any do he shall be
called before the chancellor and shall be punished after the discretion of the
chancellor886.[Sic].
In the 19th century, with the enacting of the Rivers Pollution Prevention Act,
1876, it became a criminal offence to “cause or knowingly permit” the pollution of any
British river, and it is this phraseology which appears today in the Water Resources
Act of 1991.

882
Law No. 98/005 of 14 April, laying down regulations governing Water Resources in Cameroon, Decree No.
2001/164/pm dated 8th May 2001 regulating the utilization of Water Resources and Decree No. 2001/165/pm
dated 8th May 2001 on the protection of Water Resources.
883
Ibid section 4 (1).
884
Ibid.
885
Stuart, B. op.cit p. 558.
886
Thornton J, and Beckwith. S. op. cit.p. 217.

203
 The problem with the River Pollution Prevention Act of 1876, however, was
that it sought to impose an absolute prohibition on all discharges to rivers, which
proved impossible to enforce in practice. Moreover, such a prohibition was
appropriate, given the ability of rivers to absorb a limited amount of pollution without
harmful effect.
The Rivers (Prevention of Pollution) Act of 1951 laid the foundation for the
modern approach to pollution control. The River Boards which were at that time the
relevant regulatory bodies were placed under general duty to maintain or restore the
wholesomeness of inland waters.887 To this end, they were granted two important
powers. First the River Boards had the power to grant consent for the discharge of
trade and sewage effluent. Secondly, they had the power to make by-laws
prescribing the amounts of particular substances which could be discharged.
Effectively, this allowed for the imposition of uniform emission standards limiting the
discharge of particular substances into water. The River Board’s powers to set
emission standard were rarely used, however, and were repealed in 1961 888. The
Control of Pollution Act of 1974 consolidated the discharge consent provisions of the
1951 Act and extended them to cover underground, tidal and coastal waters. It also
provided for public participation in decisions relating to water pollution and
introduced measures for the provision to the public of information about discharges.
The Water Act of 1989 created the National River Authority as a unified regulatory
body with responsibility for pollution control. It also improved the range of controls
available to curb pollution by giving the Secretary of State the power to establish
“Water quality objectives” for particular stretches of water 889. The Water Resources
Act of 1991 consolidated these provisions. Under the Environment Act of 1995, the
functions and duties of the National Rivers Authority passed to the Environment
Agency890.

887
Stuart, B. Op, cit p. 558
888
Hunter, D. op.cit p. 810.
889
Ibid.
890
Leroy, P. (1995) Troubled Waters: Population and Water Scarcity 1st Ed, Colorado press. P. 299.

204
4.1.2 Urban Water Pollution Prevention in Cameroon
In Cameroon, urban water pollution is of recent origin. Cameroon is a
developing state891 and the greater majority of Cameroonians are still concentrated in
the rural areas, consequently issues such as water pollution were seldom raised
because people never disposed of their organic or waste matter into streams but
conserve it as manure and feed for their domestic animals 892. With a gradual spread
of towns towards villages (through the establishment of industries) water pollution
has become a problem to inhabitants of both the towns and villages 893.
It is common nowadays in Cameroon to see individuals and industries
discharge their waste into rivers. The Rivers Wouri in Douala and Mfoundi in
Yaoundé are examples of rivers in which many individuals and industries discharge
their effluent.894 Small streams in Yaoundé, Douala, Bafoussam, Garoua and
Bamenda are no exception as most individuals empty their toilets and throw other
refuse into them.895This act has many ramifications which will be discussed later in
this chapter.
The government of Cameroon reacted by enacting the Law of 1964 896, which
fixed the rules of hygiene and sanitation regulating public health applicable in
Cameroon. This law provided a choice place for urban cleaning-up in all government
activities. But unfortunately and surprisingly an enabling decree of this law has never
seen the light of day making it difficult to be applied. The above law was amended by
the Law of 1989897 on Toxic and Dangerous Waste. The law strictly prohibits the
introduction, production, storage, transportation, transit and the discharge of toxic
and/or dangerous wastes throughout the national territory 898.It must be recalled that
at the time of enacting this law there was a general tendency of dumping toxic waste
from industrialized countries into Africa. 899 In order to show that the government of

891
Asangwe, C.K.A (2002) “Managing the Dynamics of the Estuarine Systems on the Douala Lagoon in
Cameroon. In Robin, G and Jarie ways J (2002) (Eds) INSTABILITY. Planning and Management. Telford press
London, PP 581- 588.
892
Concertation National sur l’Environnement du 15-16 Juillet 1993 à Yaoundé. Rapport de synthèse et
présentation de Résultat. Ministère de l’Environnement et des Forets.
893
Centre de Recherche et d’Etudes Economique et Sondage (1994). Cadrage Macro Economique du
Développement Urban au Cameroun. Rapport Final. Yaoundé p.80.
894
Ibid.
895
Asangwe, C.K.A. op cit. p 590.
896
Law No. 64/LF/23 of 13th November, 1964 bearing on Public Protection.
897
Law No. 89/027 of 29th December 1989 on Toxic and Dangerous Waste.
898
Ibid section 1.
899
Asangwe, C.K.A op. cit p. 560.

205
Cameroon took the issue seriously, capital punishment 900 was provided for any
person who violated the provisions of this law. With the enactment of the
Environmental Code in 1996, Section 4 of the 1989 Law was repealed and replaced
by Section 80901. The death penalty was reduced to life imprisonment and a sum of
fifty million (50,000,000) francs levied on the defaulter. In addition, the court may
order the defaulting company to rehabilitate the affected site. 902 The ambiguity of the
1989 Law is so glaring because it did not make a distinction between land, water and
air pollution. It merely mention toxic waste, so the Cameroonian government, in
order to sort out this ambiguity enacted a more comprehensive law governing water
resources in 1998 which is the current law regulating water resources and
managements.

4.2 Types of Urban Water Pollution

There are many types of urban water pollution which will be discussed below.

4.2.1 Municipal Water Pollution

This is waste which occurs in urban municipalities. It consists of storm water
runoff, waste from industries and waste from homes and commercial establishments.
Human wastes are mostly undigested food material and a concentrated population of
bacteria such as escherichia coli and streptococcus faecalis, collectively called
coliform bacteria.903
The industrial revolution brought an increase in the production of necessary
items that helped in raising the living standards of the people. This blessing
eventually turned into a curse as lack of planning soon turned the industrial cities into
slums and centres of outbreak of pestilence and disease. 904The problem was,
however, resolved by the provision of combined sewers, which carried away both
storm water, domestic waste water into nearby rivers and lakes 905.
4.2.2 Urban Water Pollution by Agriculture
900
Section 4.
901
Of the Environmental Code of 1996.
902
See the polluter pays principle regulated by Section 9 (C) of the 1996 Environmental Code.
903
Stark, H (2003) “Cuyahaga Country Board of Health Storm Water Program. Storm Water”. The Journal for
Surface Water Quality Professional September/October pp 12-13.
904
Turker, S and Harrison, D (2006) “Background and Introduction. In Guidance for Municipal Storm Water
Funding”. Report to the National Association of Flood and Storm Water Management Agencies for the U.S
EPA, Ch. 1. Univeristy of Vermont. Water shed Educators’ Handbook. P. 50.
905
Ojo, T.I (1994) ‘‘Management of Domestic Waste Water focus on Lagos Metropolis Environmental Law and
Sustainable Development in Nigeria” 1st Edited by Ajomo, M.A and Omobolaji, A. NIALS.P 115.

206
 It is urban water pollution which results from agricultural activities. Agricultural
activities are the primary cause of water pollution problems. Excessive use of
fertilizer results in eutrophication in many aquatic habitats, because precipitation
carries dissolved materials into streams and lakes. In addition, ground water may
become contaminated by fertilizers and pesticides 906.

4.2.3 Urban Industrial Water Pollution

Apart from domestic wastes generated from our home surroundings, great
danger of environmental pollution also exists in the factories, as a result of numerous
industrial processes, involving the use of various machines, chemicals, substances
and metals which take place daily in the production of a wide variety of goods and
services that are considered indispensable to man’s existence and wellbeing. 907
These processes which are on the increase daily, no doubt show developmental
progress. However, because many chemical substances come into use as a result of
these processes at the end of the exercise, industrial wastes and effluent by-
products of the process are discharged, often times, carelessly, into the environment
through pipes, drains, air dusts and other means and they find their way into our
waters used for drinking, fishing and other purposes. Therefore industrial water
pollution is pollution which results from industrial activities. Factories and industrial
complexes frequently dispose of some or all of their wastes into municipal sewage
systems. Depending on the type of industry involved, this waste may be a
combination of organic materials, petroleum products, metals, acids and so forth.

4.2.4 Urban Water Thermal Pollution

Thermal pollution results from industrial activity. It occurs when an industry
draws water from a source, uses the water for cooling purposes, and then returns
the heated water to its source908.
A number of industries including steam generated electric power plants, use
water to remove excess heat from their operations. Afterwards, the heated water is
allowed to cool a little before it is returned to the waterway, but its temperature is still
906
Fekumo, J.F. (1986) “LegalLliability for Operating a Fertilizer Factory in Nigeria: A Case Study of
Nitrogenous Fertilizer Onne” in Environmental Impact Assessment Study of Nitrogenous Fertilizer Factory in
Onne, Progress Report No. 1 NAFCON, P. 81
907
See Ola, C.S (1984) Town and Country Planning and Environmental Laws in Nigeria 2nd Ed. University
press ltd. PP 152-3.
908
Raven, P.H and Berg, L.R Op cit p. 473.

207
higher than it was originally. The result is that the waterway is warmed slightly. This
is what obtains in the River Sanaga in Cameroon caused by the Aluminium Smelting
Company (ALUCAM) located along the river bed at Edea. The company uses the
water of this river for cooling its machinery909.

4.2.5 Ground Water Pollution

Ground water pollution is pollution of the water underneath the soil. This
pollution can be caused by a series of causes including agricultural chemicals such
as pesticides and insecticides which seep into the soil. Hazardous substances,
including radioactive compounds, pesticides, fertilizers, organic compounds, heavy
metals, can seep into ground water from municipal sanitary landfills as well as from
hazardous landfills. Underground storage tanks, landfills, septic tanks and surface
impoundments all cause ground water pollution because some of their contents seep
into the sub-soil.910

4.3 Causes of Water Pollution

Before delving in the discussion of the causes of water pollution it is
necessary to distinguish the types of water. The Water Law 911 of Cameroon
distinguishes the various types of water as, surface water meaning run-off water,
ground water which means infiltration water, spring water which means water sold
for human consumption, containing traces of minerals or not, with or without soda,
irrespective of their therapeutic properties and mineral water which is water
containing dissolved minerals with therapeutic properties.
Water pollution occurs when the use of water by one segment of the society
interferes with the health and well-being of other members. In an industrial society,
maintaining completely unpolluted water in all drain, streams, rivers and lakes is
probably impossible.912 Pollution control standards and regulations usually
distinguished between point and non-point pollution sources.

909
Yombo, A.D (1992) « La Reglementation Relative Aux Establishment Classes et la Protection du Voisenage
contre les Nuissance Industrielles Au Cameroun » Unpublished Dissertation of Maitrise of the University of
Yaoundé . p. 51
910
Ikoni, U.D op. cit. p. 200.
911
See Section 3 (a-d) of the Law
912
Onaji, P.B (1989) “legislation and Technical Needs for River Pollution in Nigeria, the Law and the
Environment in Nigeria”, 1st Ed. Vantage publishers (int.l) ltd. P.44.

208
 When a source of pollution can be readily identified because it has a definite
source and place where it enters the water, it is said to come from a point source.
Factories, power plants, sewage treatment plants, underground coal mines, and oil
wells are classified as point sources because they discharge pollution from specific
locations, such as drain pipes, ditches or sewer outfalls. These sources are discrete
and identifiable so they are relatively easy to monitor and regulate.
In contrast, non-point sources of water pollution are scattered or diffused,
having no specific location where they discharge into a particular body of water. 913
Non- point sources include run-off from fields and feedlots, golf courses, lawns and
gardens, construction sites, logging areas, roads, streets, and parking lots.
Whereas point sources may be fairly uniform and predictable throughout the
year, non-point sources are often highly episodic. The first heavy rainfall after a day
period may flush high concentrations of gasoline, lead, oil and rubber residues off
city streets, for instance, while subsequent run-off may have lower levels of these
pollutants. The irregular timing of these events as well as their multiple sources and
scattered location make them much more difficult to monitor, regulate, and treat than
point sources. In addition, pollution legislation relating to them is very difficult to
enforce.
The study will now turn to the proper causes of urban water pollution. For the
sake of clarity and better understanding these causes will be discussed under
natural and human causes.

4.3.1 Natural Causes

Man is not necessarily the artist or architect of all causes of urban water
pollution. Natural causes also exist. These causes will be considered below. Natural
causes arise from poison springs, oil seeps and sedimentation from erosion. Equally,
the diffusion of natural gases into lakes leads to water pollution. The example of the
Lake Nyos disaster that took place in 1986 914 in Wum of the North West Region
killing all aquatic animals living in that lake is still very fresh in minds. The recent
volcanic eruption of Mount Cameroon of 2000 915 is also illustrative because some of
the lava flew into the ocean and poisoned that portion of the ocean.

913
Ibid.
914
Cameroon Tribune No. 6633/4134/ 20 year, Thursday September 28, 1986, p. 20.
915
Cameroon Tribune No. 8021/6113/ 25 year Wednesday August 2000, p. 16.

209
 Furthermore, there are natural toxins which pollute water and threaten human,
aquatic and wildlife. One of these is arsenic, a common contaminant in drinking
water that poisons millions of people around the world. It occurs mostly in
underground waters and is exposed when a well is dug in the ground to fetch water.
Perhaps the largest population to be threatened by a naturally occurring ground
water contamination by arsenic is in West Bengal, India and adjacent areas of
Bangladesh.916
Arsenic poisoning is appearing now because of the increased dependence on
well water. Chappell917 observed that excessive withdrawal now lowers the water
table during the dry season, exposing arsenic bearing rocks to the air which converts
normally insoluble salts to soluble oxides. This is common in the northern regions of
Cameroon where most of the wells dry up during the dry season and become refilled
only in the rainy season.
Lastly, much of the pipe borne water drunk in Cameroon is polluted by lead
because most of the pipes that carry water into homes are metal. When the pipes
become old they release lead. When water flows through these pipes it reacts with it
and produce what is called iron III oxide commonly known as rust, which is very
poisonous when consumed.

4.3.2 Human Causes

The human causes have been sub-divided into industrial and other human
causes. But before we delve into the discussion of these causes it is necessary to
discuss the law that regulates them.

4.3.2.1 The 1998 Water Law

4.3.2.1.1 Rationale
The pollution of continental waters that started in the country at the close of
the 1980s918 created a wide range of effects on humans, fauna and flora. 919 The law
was therefore framed against the backdrop of this situation and government’s efforts
to fight back the degrading scenario. As such the objectives of the law fell within the
916
Cunningharm P W and Saigo, B. op. cit p. 455.
917
Chapell, J (1995) “Coastal Change: Determination of Historic and Holocane Trends as a Basis for Assessing
Human Impacts”. In Duursman, E. In Intergovernmental Oceanographic Common. Workshop Report No. 105
PP. 79-91.
918
Lambi, C.M. op.cit. P. 80.
919
Ibid.

210
framework of government’s guidelines to fight pollution. In this context the law was
tailored to speed up the fight and speed up the procedures to combat pollution of the
continental waters of Cameroon. In this light, it was to complement the objectives of
the 1996 Environmental Code. For some academics therefore, the advent of the
1998 Water Law was salutary920. The rationale of this law is clearly spelt out in the
explanatory statement of the bill instituting the law. 921 It emerged from that statement
that the Cameroon government had three objectives in enacting this law, namely:
- to take new constitutional provisions into consideration;
- to take account of the guidelines of the outline law on environment
- to ensure better protection of both the volume and quality of water resources
- to regulate the various ways of using water.
A perusal of the bill reveals that it contains major innovations which did not exist in
the revised 1984 Law governing water resources. These innovations are discussed
in the paragraphs below.
- it allows the state to transfer all or part of its powers to regions and
councils922 as concern the protection and management of water resources;
- it prohibits the dumping of all types of waste, especially industrial,
agricultural and atomic waste likely to affect water quality, public health, wildlife
or plant life923;
- creates protected areas around 924 water catchments, water treatment
and storage points in order to preserve water quality;
- preserve the volume of water by controlling or supervising the
installations used to obtain, harness or collect water 925; and
- institutes a royalty for the industrial or commercial use of ground or
surface water926.

920
See for example the commentary of Chebu, P. op. cit. p. 200.
921
Bill no. 634/PJL/AN to lay down regulations governing Water Resources
922
. Section 2 (2).
923
Section 4 (1).
924
Section 7 (1)
925
Section 9 (1) and (2)
926
Section 10 (1).

211
4.3.2.1.2 Form and Substance
The 1998 Water Law is intended to meet the exigencies of the time. Also at
this time Cameroon noticed the location of many multinational industries which
resulted to the pollution of the environment (especially air, land and water) 927
The 1998 Water Law has 31 Sections under four parts. Part I is devoted to
general provisions. Part II covers the harnessing of water resources and ground
water. Part III is divided into four chapters. The first three chapters cover
responsibility, sanctions and offences. While chapter four regulates settlement and
arbitration of water disputes. Part IV deals with miscellaneous and final provisions.
The law has given authorization for the first time to traditional authorities to
settle disputes relating to the use of water resources on the basis of local customs
and practices, without prejudice to the rights of the parties concerned to refer the
matter to the competent court.928 This is worrisome because what if the local
authority (ies) is (are) bribed. This may hamper sound judgement being given. We
therefore castigate this reform even though some may be transparent in their
judgment. It is submitted that the courts should be the best arbiter because it is clear
that the prevailing law will be applicable.
Another major innovation of the 1998 Water Law is the creation of a Water
Board929 endowed with the duty to manage water resources. This has solved many
problems which the 1984 Water Law did not. For example, there was no clear-cut
demarcation as to who is responsible to manage water resources between
ministries. The Water Board is a body under the auspices of the Ministry of Water
Resources and Energy which is endowed with the duty to manage water resources
and give an account to the ministry.
Furthermore, the law also provides that the “state may transfer all or part of its
prerogatives to regions and councils.” 930 This is laudable because the councils are
better placed to manage water resources since they are everywhere in the republic.
Furthermore, they have enough staff to manage water resources unlike the Ministry
of Water Resources and Energy which is not found in every subdivision and district
of the Republic of Cameroon.
927
Nwankwere, T.O. (1990) “Multinational / Transnational Corporations in the light of the Moves towards
Regional Intergration”. An Unpublished Master Thesis of the Faculty of Law, Ahmadu Bello University, Zaria
Nigeria P. 70.
928
See Section 24 (1) & (2) of the Water Law.
929
See Section 26 (1).
930
Section 2 (2).

212
 Although, the 1998 Water Law is intended to bridge the lacunae of the 1984
Water Law and meet the exigencies of the period, it falls short of expectation. For
instance, it provides that the state shall collect a drainage tax from natural persons or
corporate bodies owning facilities that have been connected to public or private
sewerage systems for collecting and treating waste water 931 but like the 1984 Law, it
made no mention of the amount to be collected. Though Sub-section 2 of the same
section provides that this will be determined by the Finance Law. We all know that
the problem faced by many laws in Cameroon is that the enabling instrument is
always belated thus making the law almost difficult to be implemented. Most of these
laws end up being dead letters. Worse than the 1984 Law, its reference to arbitration
is, extremely passive. The word arbitration is used in Section 23 of the Water Law.
Even here the vagueness of the clause is exemplary. It barely states that parties to a
dispute relating to the management of water resources may, by mutual consent
settle it through arbitration. The impression here is that arbitration could take place
only after there is a mutual consent between both parties. In other words, if they do
not agree, it will not be done.

4.3.2.1.3 A Critical Appraisal of the Law

The 1998 Water Law has swept away most of the discrepancies or shortfalls
of the 1984 Law. It is a laudable effort of the government to better manage water
resources to the advantage of Cameroonians. Despite this plus, the law suffers from
the latitude of administrative discretion. Like several other laws in Cameroon, issues
are postponed to subsequent legislation. The malaise here again is that when the
subsequent instruments are enacted (especially sectorial codes) they will, most
probably, be subjected in turn to a subsequent text - implementation decrees and
amendments, as a matter of administrative tradition. 932 This calls for too much
administrative discretion, as the timelessness of such enabling instruments can
never be anticipated with precision. Laws may remain idle for a decade awaiting
implementation or enabling instruments in order to go operational.
Furthermore, the law is limited in that it does not cover all types of water. For
instance it does not regulate spring and mineral water 933. This law does not equally
regulate water that is used for agriculture, livestock, and fisheries.
Section 8 (1)
931

932
See Sections 2 (2), 5, 10 (4), 13, 26 (2), 27 and 28 respectively without an enabling instrument these sections
cannot be implemented.

213
 However, it is commendable that the Water Law of 1998 unlike that of 1984
(to an extent) is a one-piece legislation. A one-piece legislation should rather reflect
a well-thought out instrument covering a wide range of issues that should not be
susceptible to immediate repeal or frequent modification. These hallmarks are
inherent in this law. The law unlike that of 1984 is a framework law. It is not a
transient legislation like that of 1984 which barely defines government
environmental policy in broad terms and refers vital issues to subsequent
instruments such as the sectorial codes which will eventually replace it. Therefore,
the 1984 Law was a transient legislation that had a programmed duration on the
advent of an event until it is renewed.
The importance of the Water Law cannot be overemphasized. It remains the
major instrument through which water resources can be equitably managed. In
Cameroon, after much legislative effort, the 1998 Water Law stands to be reckoned
with as a framework legislation.

4.3.2.2 Industrial Causes

The economic development of Cameroon has not been without an
accompanying pollution. This state of affairs has contributed not only to the
economic growth of the country but also to general industrial pollution, which now
poses problems. An analysis of industrial effluents and residues has shown that
serious pollution index exist in Cameroon as a result of the activities of
transformation industries934.

4.3.2.2.1 Industrial Water Pollution

This stems from untreated industrial effluent, which is indiscriminately
discharged into the environment especially in the urban centres across the
country935.
Apart from domestic waste, great danger or environmental pollution also
exists in the factories, as a result of numerous industrial processes involving use of
various machines, chemical substances and metals, which take place daily in the
933
Section 13 of this law states that the harnessing of spring and mineral water shall be governed by a special
law.
934
Yombo,,A..D op cit. 61
935
Adeniyi, E.O (1984) “Environmental and Socio Economic Impact of Oil Spillage in the Petroleum Producing
Riverine Areas of Nigeria” in the Petroleum Industry and the Nigerian Environment Proceedings of 1983
Seminar, NNPC, Lagos, 233. pp 235-242.

214
production of a wide variety of goods and services that are considered indispensable
to man’s existence and well-being. 936 However, because many chemical substances
come into use as a result of these processes, industrial wastes and effluents, which
are by- products of the processes, are discharged often times, carelessly, into the
environment through pipes, drains, air ducts and other means and they find their way
into water used for drinking, fishing and other purposes. The effect of this is to say
the least, catastrophic. It is worthy of note here that, in many African countries, most
industries are located at the coast and estuaries of big rivers, and as such engender
high rates of water pollution compared to European countries. 937 The main reason
being that eco-standards are rarely defined by the government. Even where they are
defined, they are hardly respected by the industries. Secondly, there is hardly any
control to make sure that waste is efficiently disposed of. 938
In Cameroon, a reasonable number of the monitored rivers hardly receive any
sewage treatment.939 A study carried out on the River Wouri 940 in Douala showed that
the river is polluted with iron, copper, ammonia and phosphate. It was found out that
the fish (Tilapia species) in the river had high concentrations of heavy metals thus
constituting a health hazard. The Rivers Wouri and Ngoa in Douala are typical
examples of the most polluted rivers in this region. 941 This accounts for the black
colour of the water in river Ngoa. 942 The bridge on this river is called “Pont noir”
because of this. There is no aquatic life in this river. It cannot be used for washing or
drinking. Yet the government is doing little or nothing to stop the pollution. In
Yaoundé, the River Mfoundi, is also polluted by companies such as Brasseries du
Cameroun .
Developing countries in general and Cameroon in particular have even worse
water quality than do the poorer countries of Europe. 943 Sewage treatment systems
are usually either totally lacking or woefully inadequate. This is because sewage

936
See Ola, C.S op cit. pp 152-153.
937
Kamto, M (1990) « Le Droit International des Resources en Eaux Continentals Africaines » Annuaire
Françiaise de Droit Internationale (AFDI) p. 81.
938
Tamafo, J.p.F (1987) “le Régime Juridique des Resources en Eaux International Africaines » Memoire de
Maitrise, IRIC, Yaoundé, pp 61-62.
939
Lambi C.M. OP. cit. p. 81.
940
Asangwe, C.K. op.cit.p.20.
941
Ibid.
942
The Companies which dumped their waste into River Ngoa, include, NETTOYCAM and BOCOM for more
on this see Lambi C M op cit p.82.
943
Kamto, M.op. cit P. 90.

215
treatment technology is still backwards and secondly because the government does
not have enough finances to purchase modern ones.
However, to some extent, it has been accepted that pollution is an
unavoidable feature of any industrialized action. 944 The question is how much of such
environmental defilement is tolerable and accepted as harmless. That is, how best
can industrial waste be discharged without causing danger to human, flora and fauna
in existence?945 The answer to this question will depend on the scientific information,
knowledge or pollution abatement equipment available to the nation and the
availability of relevant laws to control and manage the pollution.
Talking about statutory regulations, particularly the need to assess an
industrial project’s potential to pollute the environment, even before the
commencement of production; an Environmental Impact Assessment Study 946 is
commendable. Under the law and its implementation decree, the promoter of the
project is empowered to consider proposed industrial activities with a view to
considering the environmental effects of such activities in the local community or
across the state or even its effects outside Cameroon. With a view to permitting the
project to be carried out in whole or in part and the promoter is enjoined that any
mitigating measures that it considers appropriate are implemented. In view of the
available resources (human and material) needed in the performance of this role by
businesses, it is doubtful if the promoter charged with the above responsibility can
effectively do so. There is therefore the need to look beyond the provision of our
statutes that contribute to the efforts at controlling pollution particularly water; that is
the purport of our work here. In other words, how far has the government by enacting
laws succeeded in protecting municipal and industrial waste discharges into water
bodies, such discharges being inimical or unfriendly to man and aquatic life?
There are a couple of local legislation dealing with all aspects of water pollution in
Cameroon. The legislation or statutory provisions are contained in several pieces of
legislative instruments. The first instrument that regulates water pollution in
Cameroon is the 1996 Environmental Code which was discussed in the introductory
part of this reseach. The second is the 1998 Water Law which has also been
discussed above. It is a sectorial code because it regulates only the water sector.

944
Simpson, S and Fagbohun, O.op cit. p. 325.
945
See Agomo, K.C op.cit. p.66.
946
This is provided for in Sections 17-20 of the 1996 Environmental Code.

216
The Environmental Code mentions that the regulations on the protection of
continental waters shall be the object of a special law 947.

4.3.2.2.2 The Application of the Law

After discussing the rationale, form and substance of the Water Law, we will now
turn to its application.

4.3.2.2.2.1 The Quantum of Damages

In the light of the explanation given in the earlier part of this chapter, it is safe
to say that most industries violate the provisions of the Environmental Code and the
Water Law. Section 42 of the Environmental Code provides that waste must be
treated before it is dumped into the environment. It reads:

Wastes shall be treated in an ecological national manner to eliminate or curb their

harmful effects on human health, natural resources, the fauna and flora, and on the

quality of the environment in general.

Furthermore, Section 4(1) of the Water Law equally forbids the throwing of wastes
directly or indirectly into water, whether surface or subsurface by industries. This
violation is occastrated because the quantum of damages (punishment) levied
against such companies is too paltry to act as a deterrence (which is one of the aims
of punishment). The penalty levied for the contravention of Section 4(1) of the Water
Law as ordained by Section 16(1) is that any person who pollutes water in violation
of Section 4 (1) will be imprisoned for between 5 and 15 years and pay a penalty
ranging from 10,000,000 to 20,000,000 million francs. Subsection (2) further
provides that if the polluter is a recidivist, the punishment mentioned above will be
doubled but the polluter will execute only one of the punishments. The worry here is
that, the penalty does not fit the crime at all. Ten to twenty millions is too small a
penalty to levy against a big company as Complexe Chemique Cameroun (CCC) or
Brasseries du Cameroun. This portrays the Cameroon government’s lack of
seriousness on the issue of water pollution. This paltry sum can definitely not deter,
bearing in mind that these big companies with their enormous resources are usually
involved in this crime. These companies pollute because they can pay thus almost
947
See Section 28 of the Code.

217
making the polluter pays principle948 a phoney. It is our considered opinion that a
much heavier penalty would better deter polluters than a paltry, insignificant amount.
This will serve as a deterrent to polluters because the amount is huge and cannot
easily be raised.
An example where the amount of money imposed on the defendant was not
reasonably high enough in the circumstance to deter pollution of water was the
matter between ALUCAM Co Ltd v MINEF949. In that matter ALUCAM was accused
of discharging untreated industrial waste in the River Sanaga. It was also accused of
thermal pollution. MINEF asked ALUCAM to pay a penalty of 7,000,000frs which she
did with ease because the amount of money was too small for a big company like
ALUCAM. The argument put forward by workers of MINEF 950 for these paltry levies is
that, MINEF is doing everything to prevent Cameroonian companies from winding
up, since most of the companies are still in their infant stage. That is why the levy is
not exorbitant. We disagree with this argument because it does not serve the
purpose since water pollution is on the increase. Something has to be done before
the rivers of Cameroon become completely polluted and earn the name “ecological
disasters” like those in Europe and America. We are referring here to the example of
river Mexico951 which is one of the most polluted rivers in the world 952.
In order to minimize or completely stop the dumping of sewage in rivers 953 in Europe
the penalty levied against defaulters is very high unlike that of Cameroon. Thus, in
the case of Rv Milford Haven Port Authority 954 a ship called Empress Oil Tanker went
aground in Milford Haven in 1996. It ran aground as it was being navigated through
the port of Milford Haven. Large amounts of oil were spilled. The Ports Authority,
who was responsible for navigating the tanker through the port, pleaded guilty to a
948
See Section 9 (C) of the Code for more details on this principle.
949
Matter No. 10/PVA/MINEF/BP/EF/SPE/of 21 March 2001.( unreported).
950
A chat with Mr. Forgap Patrick, Technical Adviser of MINEP. This discussion took place in his office on the
20th of June 2007 at Monté en Rough.
951
Eldon, D.E and Smith, B.F op. cit p. 286.
952
The River’s colour is pea green. It is laden with faecal matter and carcinogens, topped with detergent foam
and carrying the virus that causes polio and the bacteria that causes typhoid and cholera. For half a century, the
river has been a bi-national disaster, carrying, the human and industrial waste of mexicali, mexico into the
imperial valley of California and earning an ignominious distinction as the dirtiest river in the united States.
Another seriously polluted river in the world is the Holy Ganges in India. It is very common to see corpses
which have been incompletely cremated floating on the river. Litter of raw sewage from nearby drains are also
emitted into it. In Europe highly polluted rivers include the Danube and the Rhine. The Rhine became so
polluted in the 1970s that dozens of fish species disappeared and swimming was discouraged along most of its
length but today through international co operations it has been cleaned up.
953
See Howorth. W (2001) Water Pollution and Water Quality Law. 1st Ed Crayford Show and Sons press. P.
86.
954
[2000] All ER (D) 352.

218
charge of causing polluted water to enter controlled waters contrary to Section 85 of
the Water Resources Act of 1991. The Authority was originally sentenced by the
Crown Court to a fine of £750,000 on the basis that there had been a guilty plea, the
Ports Authority was a public body, and there had been a misunderstanding of the
Authority’s financial position. In Hart v Anglican Water Services, Anglican Water
Services955 appealed against a fine of £200,000 imposed for the discharge of raw
sewage into the River Crouch. The sewage was discharged from a sewage
treatment plant when the equipment failed. The company pleaded guilty to an
offence under Section 85 (3) of the Water Resources Act, causing sewage effluent to
be discharged into the river. The Court of Appeal reduced the fine to £60,000. It is
viewed that each case had to be considered on its own merits. Whilst the case was a
serious case of pollution, the river was polluted over two kilometres and serious
damage done to fish and wildlife that lived in it. The effects were limited in time and
space. The river recovered 24 hours later, due to the prompt action taken by the
company which had pleaded.
From what has been discussed in the foregoing, it is evident that the
quantum of damages imposed on polluters of water in the U.K is significantly higher
than that in Cameroon. It acts as a deterrent to water pollution there. This example
should be emulated in Cameroon even though the penalty sometimes is reduced
depending on the case in question.
4.3.2.2.2.2 Pollution As a Result of Mining Activities.
Mining is another cause of industrial water pollution in Cameroon. It is
regulated by the Mining Code which is also a sectorial code. 956 A sectorial code
because it regulates just a sector-mining. Mining is defined by the code as:
Extraction of solid, liquid or gaseous mineral substances, irrespective of the process
or method used, from the soil or the surface of the soil with a view to renewing there

from useful substances; it comprises all operations directly or indirectly necessary or

operations relating thereto957.

From the above definition it is seen that mining involves extraction of gases,
liquids such as petrol or crude oil and solids such as coal, iron ore, and rocks among
many others. By its very nature, mining disturbs the surface of the earth and

955
[2003] EWCA Crim. 2243.
956
Law No. 1 of 16 April 2001 laying down the Mining Code.
957
Section 2.

219
increases the chances that sediments and other materials will pollute surface waters.
Section 85 (2) of the Mining Code provides that “adopted techniques and methods
must be used to protect the environment, ensure the safety of workers and the local
population” but most mining companies do not respect this section. Once they have
obtained their mining permit they go ahead and start mining. The reason being that
the ministry of Mines turns a blind eye to their activities. Secondly, because the fine
levied against such companies is often too small and can be paid with ease. For
example, the excavation of stones in Namayos-Mbankomo by a company called
KETCH led to serious water pollution in that area because after the exercise, the
debris left behind, contained minerals such as lead and phosphorus. After it rained,
the run-off that resulted from it washed the debris into the stream below, thus
polluting it. MINEDEP levied a fine of 5,000,000frs on KETCH 958 because they
contravened the Environmental Code and959 equally the Mining Code.960
Furthermore, Section 87 of the Mining Code provides that, holders of mining and
quarry titles (permits) shall be responsible for preventing or minimizing the discharge
of waste in the open. The question which comes to mind is why is this section not
respected. The answer is simple, because the quantum of damages imposed on the
polluter (mining company) is too small to deter it from violating the law.
Most industries in Cameroon go to where their raw materials are produced
and buy or mine them.961 This promotes water pollution. The reason being that there
is inadequate availability of strict legislation on the matter of collection of raw
materials. Those that exist are hardly respected because environmental issues have
not yet been fully integrated into the mores of the industrialist. In addition, the
survival instinct of an impoverished population contributes to this. The population,
which is not organized, tends to apply the “survival of the fittest” syndrome on the
exploitation of anything of economic value in their environment. For example
individuals dig stones from the ground and sell them to construction companies
without bothering about the environmental impact or pollution that result from it.

958
Matter No. 94/PVA/MINEP/DPE/FCE/SPE/of June 2002. (Unreported.)
959
Section 9, c-d, 29, 42 and 67.
960
Section 87.
961
Reed, E and Miranda M, (2007) “Assessment of the Mining Sector and Infrastructure Development in the
Congo Basin Region” Sponsored by the World Wide Fund for Nature (WWF) p.25.

220
 Equally, most road construction companies dig (their own) stones from
quarries to use as gravel to tar roads. 962 After these stones have been dug and
carried away the waste, which contains mostly lead and hydrocarbons is washed by
rain to nearby rivers causing their pollution. This was the matter between DRAGAGE
DTP v MINEF963. In that matter, DRAGAGE, a road construction company hired to
build some roads in the Centre Region, opened a quarry at a place called, Angon II
at Mbankomo in the Mefou and Akono Division. In the course of digging these stones
the soil and water around the area was seriously polluted because of the lead the
stones contained. The waste left behind constituted of old batteries, plastics and
engine oil polluted the surrounding soil and water. A fine amounting to 5,000,000 frs
was levied on DRAGAGE by MINEF. She was further told to rehabilitate the area as
Section 87 of the Mining Code provides. Carlos et al 964argues that it is difficult
because open pit mines or open (cast) quarry mines can cover a tremendous area,
potentially several miles wide. The region has remained useless or can be termed
waste land.
In other African countries such as Zambia, water pollution resulting from
mining is also a major problem. 965 The water pollution in that country takes place in a
small town called Kabwe, where an industry mining lead is found. Most people in this
town suffer from lead poisoning because the drinkable water contains much of it. The
lead level is so high that a Zambian observed that “I have been unable to find similar
blood lead levels to those in Kabwe anywhere else in the world” 966.
In Nigeria, water pollution resulting from mining is no longer news. The cry of
the Ogoni people in the Delta Region against water, air and land pollution is a fact of
everyday life because it has gone on for too long. 967 Nigeria is one of the greatest oil
producers in Africa and the world. 968 That is why there are bound to be oil spills
which cause pollution. Admittedly oil spillage cannot be completely avoided.
However it can be reduced, as a learned Nigeria judge, Blanksen J. said in the case

962
An example is the Razel Construction Company which owns the quarry at Nkometou on the Yaoundé –Obala
road.
963
Matter No. 070/MINEF/SPE/DNIE 2001(unreported.)
964
Carlos. D et al (1997) “Golden Dreams Poisoned Streams: How Reckless Mining Pollutes America’s Waters,
and How We Can Stop It”. Mineral Policy Centre, Washington D.C p.8.
965
BBC. Focus on Africa Magazine, July-September 50th Issue p. 56.
966
Kapumpe, V.M, is Director of Kabwe Environmental and Rehabilitation Foundation Zambia-BBC Focus on
Africa Magazine (2002) July-September 50th issue p. 56.
967
Simpson, S & Fagbohun, O op. cit p. 338.
968
Ibid.

221
of Tiebo969 that, “the phenomenon of oil spillage is inevitable, in the oil industry
‘because it’ can never be completely averted”. In that case, Texaco Oil Company
spilled in 1992, approximately 433,076 barrels of crude oil into the Nigerian
environment from the eastern operations. Only about 25, 488 barrels were
recovered. This resulted in the pollution of farmlands, economic and profitable trees,
swamps, creeks, rivers, streams and wells. The defendant was asked to pay
compensation to the plaintiff amounting to 24, 951, 679 (Naira). This was heavy
enough to discourage further pollution.
The pollution of water by oil is not too common in Cameroon because the oil
refining company (SONARA) is meticulous in the way it mines oil. Secondly because
SONARA treats the water used in the mining process before returning it to its
source. However, this does not mean there is no oil spillage. There is, but in much
reduced quantities. A few years back there was water pollution in Limbe caused by
SONARA (oil spillage) but it was well handled. This was done in keeping with what
Section 82 of the Petroleum Code970 ordains.971 This section is vague (ambiguous)
because it provides that the licensed mining company should do everything to
protect goods, the environment and natural ecosystems in the best way obtainable
but it says nothing about what should be done to an already damaged environment.
Therefore reliance should be made but on Section 87 of the Mining Code because it
provides in its last paragraph that “damaged sites should be restored to stable
conditions of safety, productivity and appearance acceptable to the authorities in
charge of mining and the environment”. The reasons why this section is not
implemented are not different from the reasons which are discussed in chapter 7 of
this research.

4.3.2.2.2.3 Pollution As A Result of Industrial Waste Disposal.

969
(1980) 2NWLR.
970
Law No. 99/013 of 22 December 1999 instituting the Petroleum Code.
971
The Section states that “The holder shall carry out the petroleum operations in such a manner as to ensure,
under all circumstances, the conservation of natural resources in particular Hydrocarbons deposits, and due
protection of essential features of the environment. For this purpose, the holder shall take all necessary measures
to preserve the safety of persons and property and to protect the environment, the natural surroundings and
ecosystems.”

222
 Elimination of waste by small and medium-sized industries (e.g. factories and
garages) in Cameroon is another major cause of water pollution. This practice of
discharging waste into streams, lakes, fish ponds and rivers is a contravention of
Section 4 (1), of the Water Law which states that:
It shall be forbidden to discharge, submerge, spray, infiltrate, strew or dump directly or
indirectly into water any solid, liquid or gaseous matter, in particular industrial, agricultural and
atomic waste likely to:
- alter the quality of surface, underground or sea waters within territorial limits ;
- affect public health as well as aquatic or submarine fauna and flora; and
- jeopardize the development of the economy and tourism of regions .

But most industries do not put this into practice because environmental
degradation is not the pre-occupation of industrial promoters and investors who tend
to look only towards the economic benefits of their activities. The question is why is
the government not making sure that these industries 972
respect this section of the
law. The reasons for this lack of enforcement and implementation is well explained in
the later part of this research.
Furthermore, many garages in Cameroon wash engines or lubricating oils
from machines and dump them carelessly on the soil. The rain washes this oil into
streams which leads to water pollution. Some companies even discharge their
untreated wastes directly into streams and rivers. Some examples can be discussed
here. In MINEP v SOFAMAC, an industry located on the Yaoundé-Soa road
discharged its industrial waste into a small stream found below it. MINEP asked
SOFAMAC to pay 5,000,000 frs as a fine and to clean the stream which it did. Also
in SOTRAMILK v MINEF973, the defendant, a yoghurt-producing company located at
Mile 3 Nkwen in Bamenda, had been systematically discharging industrial waste into
the stream adjacent its location in February 2002. This caused serious pollution of
the water making it dangerous and unfit for drinking to human beings and aquatic
animals. The defendant also burnt empty plastic bottles of yoghurt which led to air
pollution and destruction of the land on which they were burnt. This act of the
defendant violated the Environmental Code 974 and the Water Law975. Both laws
prohibit any person from discharging directly or indirectly dangerous substances of
any kind likely to provoke surface or underground water degradation. Judgement
972
Matter No.07/MINEP/EPE/DNIEBEIE/C4 of 17November 2005(Unreported)
973
Case Nº 08/CF/BA/1245/02.03 (unreported).
974
Section 29 of the Environmental Code.
975
Section 4 (1) of the Water Law.

223
was passed in favour of the plaintiff in the Court of First Instance in Bamenda. The
Court stated that the respondent is henceforth restrained from further discharging
milky waste or industrial sewage into the stream and that the respondent shall take
steps to rehabilitate the polluted areas near the factory under the strict supervision of
the appellant. The cost of rehabilitation to be borne by the respondent.
This judgement though laudable on the one hand, may be criticised on the
other in that, the judge only restrained the respondent from further polluting the river
without levying a penalty (fine) as in other judgements already discussed. Secondly
the judge stated that the respondent should rehabilitate the polluted area and this
should be supervised by the appellant without taking steps to ensure that this will in
fact be done such as a visit to the locus in quo to make sure that the judgement was
executed. This lack of follow-up is another draw-back with environmental law cases
because it is possible that this rehabilitation exercise may or may never be carried
out. This explains in a way some of the problems which lead to lack of enforcement
of environmental laws and equally the lack of discouragement of environmental
(urban) pollution. It is normal that if the judge visits the locus after the supposed
exercise, this will compel respondents to always do what the judgement enjoined
them to do. But since most judges do not always do that, respondents hardly
effectively comply with the courts instructions and have the deterrent effect of an
otherwise severe judgment simply diluted.

4.3.2.2.2.4 Pollution from Maritime Transport and River Ports Activities

Pollution emanating from maritime transportation occurs along the coast of
certain urban and semi-urban areas of Cameroon. Cameroon being on the oil high
way between the Middle East and Europe, the incidence of pollution by petrol and its
by-products is therefore high. Five origins of this type of pollution are identified.
(1) Domestic discharge from ships on transit in the ports.
(2) Hydrocarbon pollution resulting from spillage during loading and off-loading
or exploitation. In addition, fuel naturally flowing into the sea has been
observed around oil deposits in Souelaba and Ladji-Kribi. 976 There are also
accidents and sometimes even deliberate washing of cisterns on the open
seas by petrol dealers.

976
Reed, E and Miranda M. op, cit. p. 30

224
 (3) Boats and engine canoes voluntarily or not equally emit both, liquid and solid
waste into the sea.
(4) Run-off from streets
(5) Improper disposal of lubricating oil from machines or automobile crank
cases.
With regard to the third point mentioned above, pollution occurs when the
tanks are cleaned or oil-contaminated ballast water is released. Oil tankers use
water as a ballast to stabilise the craft after they have discharged their oil. The oil-
contaminated water is then discharged back into the ocean when the tanker is
refilled. A major cause of coastline pollution is through oil tanker accidents or
drilling blowouts.977 The Exxon Valdez which ran aground in Prince Williams
Sound, Alaska, in 1989, released over 42 million litres of oil and affected nearly
1500 km of Alaskan coastline978.
Few coastlines in the world, including those of Cameroon remain
uncontaminated by oil or oil products. Tar granules and sticky crude oil droplets
stick to feet on beaches everywhere. This pollution results from the causes given
above.
River-ports activities constitute another cause of water pollution in Cameroon.
The principal ports involved in a considerable level of pollution in Cameroon are
Douala-Bonaber port(10 km from the high sea), Limbe SONARA Petrol port and the
timber port of Limbe and Kribi; the last two being engaged in timber transportation.
The source of pollution emanating from these ports include: hydrocarbon liquid from
ports installations, washing of ships and boards, cereals treated with pesticides,
fallen objects during loading and off-loading of vessels, fuel spillage by ships,
dangerous products escaping from storage zones of the ports, paints and metal
particles from the shipyard or ship companies which from time to time, engages in
the drainage of the Douala port from saltation occasioned by the emptying of the
Wouri River.

4.3.2.3 Urban Water Pollution by Agriculture

977
Adewale, O (1985) Petroleum Industry and the Nigerian Environment 1st Ed. Lagos University Press. P. 60.
978
Ibid.

225
 There is no gainsaying that access to food which is second only to drinkable
water remains the greatest priority of man. 979 In many countries this has resulted in
the expansion into marginal lands. In other countries, food requirements have
required expansion of irrigation and steadily increasing use of fertilizers and
pesticides to achieve and sustain higher yields.980
Agriculture is a dominant component of the economy of Cameroon as it is
elsewhere in the world.981 With the rapid population growth after independence, there
has been pressure to produce more food both for local consumption and as a cash
earner. This has resulted in the expansion of agricultural activities to various areas,
which had hitherto not been under cultivation. The end result being pollution arising
from intensive use of fertilizers, organic manure and pesticides.

4.3.2.3.1 Pollution by Fertilizers

The strive for high yields and the restoration of the impoverished soils due to poor
agricultural practices has pushed agro-industrial concerns and local farmers in
Cameroon to resort to intensive use of fertilisers and organic manure. A fertiliser is
defined as “a substance added to soil to make plants grow more successfully”. 982 The
2003 Law983 regulating fertiliser use in Cameroon defines it in its section 2 as:
Any substance or matter containing one or more nutritive elements for plants which
are recognised and used as such with a view to enhancing plant growth and yield.
Fertilisers are therefore artificial manures used with the sole aim to increase or
enhance plant growth as stated by the two definitions given above.
In Cameroon, any individual or corporate entity is free to produce, import and
distribute fertilisers throughout the national territory subject to the laws and
regulations in force.984 This is one of the aims of the Bill 985
instituting the fertiliser law
which is to liberalise the producing, importation and distribution of fertilisers in
compliance with the laws and regulations in force. The conditions for producing,
importing, exporting, packaging, storing and distributing fertilizers or any other

979
Ongly, E.D (1996) “Control of Water Pollution from Agriculture”, FAO Irrigation and Drainage Paper 55.
EMS/Water Collaborating Centre Canada. Centre for Inland Water’s Burlington, Canada, p.11.
980
Ibid.
981
Etudes pour une Gestion Durable des Ecosystem Marine et Cotier du Cameroun. Rapport Final (PNGE)
2008, p.61.
982
Hornby, A .S (2007) ( Ed) “Oxford Advanced Learner’s Dictionary of Current English 7 th Ed. Oxford
University Press. p. 566.
983
Law No. 2003/007 of 10th July 2003 to regulate Activities of the Fertilizer Sub-sector in Cameroon.
984
Ibid secion 4.
985
Bill No. 755/PJL./AN to regulate Activities of the Fertilizer Sub-sector in Cameroon.

226
related activity shall be fixed by joint order of the Minister in charge of Agriculture
and Rural Development, the Minister in charge of Trade, the Minister in charge of the
Environment, Nature Protection and Sustainable Development and the Minister in
charge of Public Health986.
However it is stated clearly in the Fertiliser Law that, before a fertiliser is used
in Cameroon, prior assessment of the physical and chemical state of the soil must be
carried out to see whether the soil is fit for it. 987 The modalities and content of such
assessments shall be laid down by regulation.988
Furthermore, any individual or corporate entity, whether public or private,
which owns a farm and intensively uses fertilisers shall be bound to regularly
conduct an impact assessment of such fertilisers on the environment. 989
From our discussion above, it is clear that the 2003 Law regulating the
importation and use of fertilisers is out to prevent indiscriminate importation of, and
use of fertilizers with the objective of preventing water and soil pollution. This is the
precautionary principle990 which is adumbrated in the Environmental Code of
Cameroon which unfortunately is not well put in practice. The question which
demands an answer is, why is there the precautionary measure to prevent water
pollution by fertiliser, yet fertilisers still pollute water?
The inadequate enforcement of the fertiliser law by the ministries 991 in charge
of that is the first reason of water pollution by fertilisers. For example individuals who
use fertilisers intensively do not carry out an impact assessment 992 of the soil to see
whether it can stand fertilisers, that is, the quantity it can take before applying it.
Secondly, most of these individuals are not trained on how to use a fertiliser and
therefore often use wrong ones or use overdose, which, the plant(s) cannot
completely absorb thus leaving a residue on the soil which when washed away by
rain leads to water pollution.
Furthermore, Section 9(2) of the fertiliser law states that fertiliser quality
control shall be ensured by sworn officials working in the government services of the
competent authority. Such employees shall have free access to fertiliser production,
986
Section 5 of the 2003 Law regulating the Fertilizer Sub-sector.
987
Ibid, section 6 (1).
988
Ibid section 6 (2).
989
Ibid section 7 (1).
990
Section 9 (a) of the Environmental Code.
991
The ministries include the Ministry of Agriculture and Rural Development, the Ministry of the Environment,
Nature Protection and Sustainable Development, and the Ministry of Public Health.
992
For more on environmental impact assessment see Section 17 to 20 of the Environmental Code.

227
storage, packaging and distribution facilities but this is not often executed because
the Ministry of Agriculture and Rural Development (MINADER) does not have
enough trained officials, who are obliged to go into the field and teach farmers how
to use a fertiliser, the quantity to apply and how to find out which mineral is lacking in
the soil. This lack of trained personnel is aggravated by the absence of regular
capacity- building. Even where it exists, it is not done thoroughly because the
Ministry (MINADER) does not have enough experts to build their capacity.
In addition MINADER does not have sufficient finances to install enough
laboratories which are used to test whether there is a fertiliser residue in the soil. The
absence of enough laboratories increases pollution because farmers who administer
the chemical go unpunished since the residue cannot be dictated.
Judgements in courts of law are based on facts and evidence. Once there
is no evidence, an accused will be set free. This also applies to the violation of the
fertiliser law. Since laboratories to prove the residue of fertilisers are few or are
generally inadequate, many individuals and corporate bodies who use fertilisers
indiscriminately or wrongly in Cameroon go unpunished. It is therefore difficult to
prove violation of the law by a court of law as stated by Section 17 and also to
institute punishment on the offender as stated by Section 18 of the Fertiliser Law.
Apart from the legal difficulties of filing such a claim, the major stumbling
block is in establishing a causal link between the presence of pollutants (nitrates) in
the water and the presence of its effects (cancer) on the plaintiffs.
Lastly, an enabling instrument of the fertiliser law which is supposed to
contain the authorized list of fertilizers as well as the authorized quantities, terms and
conditions for their use so that the substance does not endanger water or other
receptor environment is still to be enacted. The absence of such an enabling
instrument is very unfortunate, because it means the indiscriminate use of fertilizers
which may lead to the endangering of the water environment. 993This explains the lack
of an efficient enforcement of the fertilizer law.

4.3.2.3..2 Water Pollution by Organic Fertilizer

This is natural manure produced by cattle, pigs, poultry and decomposed
litter. The impact and major problems of environmental pollution associated with
993
An exemple is seen in the Western Highlands of Cameroon where fertilizers are mostly used by farmers to
improve crop yield .For more on this see Etude pour une gestion durable des Ecosystems Marin et Côtier du
Cameroun. Rapport Final (PNGE) 2008 at p. 70.

228
organic fertilizer deserves special attention. The problem is particularly acute in
areas of intensive livestock production, such as in Eastern and Southern parts of
Holland994 where the production of manure greatly exceeds the capacity of the land
to assimilate these wastes. In Cameroon, the problem is particularly acute in the
northern regions where cattle rearing is most prominent. A single cow produces
about 30kg of manure per day, or about as much as that produced by ten people in
Cameroon.995 The run-off from a cattle ranch into rivers, streams and lakes is rich in
viruses, bacteria, nitrates phosphates and other contaminants. Although this is
controlled in many western countries, it constitutes a serious problem for water
quality in much of the rest of the world. There is an increase in the pollution of water
in Cameroon by organic fertilizers because the fertilizer law is not well enforced for
the same reasons discussed above under chemical fertilizers. The only other reason
which has not been discussed in the foregone is that most affected persons do not
know that they can bring an action against defaulters because they think that since it
is natural manure it is not actionable but Section 1 (3) of the fertilizer law provides for
this. It states that “this law shall be applicable to all forms of fertilizers, particularly
mineral fertilizers, organic fertilizers and biological fertilizers”.

4.3.2.3.3 Urban Water Pollution by Sediments

The Water Law and Environmental Code of Cameroon do not define
sediments. However, it is defined as “matter, for example sand, dirt, gravel that
settles to the bottom of a liquid for instance, mud left on fields after a river has been
in flood over them”996.
Sediment therefore is something that settles at the bottom of a river, stream or liquid.
Even though there are no global figures yet, it has been identified that agriculture in
the broadest context, is responsible for much of the global sediment supply to rivers,
lakes, estuaries and finally into the world’s oceans.
Along the coastal areas in Cameroon intensive agricultural activities are being
carried out by big agro-industrial complexes such as the CDC, Del Monté,
SOCAPALM and HEVECAM because that is where most of the plantations are
found. These companies use chemicals to fight insects and pests that affect their

994
Ibid.
995
Neckmen, N.N op. cit. p. 25.
996
Hornby. A.S(2007) (Ed) Oxford Advanced Learner’s Dictionary of Current English 7 th Ed .Oxford
University Press p. 1372.

229
crops. When the rain falls, it washes away these chemicals. Some of the chemicals
are washed away while some settle on the river beds as sediments leading to
pollution. In addition, the cultivation of the area by the local communities contributes
to anthropogenic erosion and sedimentation. It is unfortunate that there is no law yet
governing sedimentation in Cameroon because both the Environmental Code and
the Water Law are all silent on it.

4.3.2.3.4 Urban Water Pollution by Pesticides

Thousands of different natural and synthetic organic chemicals are used in
the chemical industry to make pesticides. The term “pesticides” is a composite term
that includes all chemicals that are used to kill or control pests. What then is a
pesticide? Section 30(f) of the law regulating phytosanitary protection 997 in Cameroon
defines it as:
Any substance or combination of substances used for warding off, killing or fighting
ravagers, vectors of diseases and undesirable plant or animal species that are
destructive or otherwise harmful during production; processing, storage, transportation
or marketing of food products, agricultural products, timber and non-timber forest
products.

The use of pesticides in Cameroon and other developing countries is extremely

variable, from nil in large parts of Africa to extremely heavy dosage in intensive
agricultural areas of Brazil and plantations of Central America. In their review of the
limited research literature on pesticides use and impacts in Africa, Calamari and
Naïve998 conclude that, “concentrations found in various aquatic compartments, with
few exceptions are lower than in other parts of the world, in particular in developed
countries which have a longer history of high pesticides consumption and intense
use. Generally, the coastal waters, sediments and biota are less-contaminated than
inland water environmental compartment with the exception of a few hot spots”.
As part of its agricultural policy, the government of Cameroon has for
several decades made great efforts to control plant pest and diseases. During that
period, all phytosanitary operations were exclusively under State control. With the
liberalization of the productive sector of the economy, the State withdrew from
providing direct support to agricultural production, particularly with regard to the
Law No. 200/003 of 21st April 2003 regulating Photosanitary protection.
997

Calamari A.M and Naive, W (1994) “Prevention of Water Pollution by Agriculture and Related Activities”,
998

FAO report.p.30.

230
supply of inputs and phytosanitary treatment. Consequently, there was an
uncontrolled circulation of agricultural pesticides. The misuse of this pesticides and
their packaging led to several cases of poisoning and environmental damage. In
order to provide an appropriate law regulating phytosanitary products, the 1990 999
Law was bound to be repealed in 2003. 1000 Despite this new law, individuals and
cooperate bodies still indiscriminately use pesticides which results to water and land
pollution. Why? Two of the objectives of the new law stated in the Bill 1001 establishing
this law are the laying down of rules for the use, inspection and control of
phytosanitory products and increasing the punishment for infringing the law in force.
It must be made clear here that the world in general and Cameroon in particular
cannot survive without pesticides. In other words it is a necessary evil like fertilizers.
This means that pesticides pollution can only be reduced. How then can this be
done? The strict enforcement of the phytosanitory law will sort out this problem
because a reading through the five chapters and 39 Sections of this law reveals that
it is a well-tailored law to fight the indiscriminate use and pollution caused by
pesticides. Section 25 of the law provides that “only individuals or cooperate bodies
who have the permit to import pesticides should do so”. On the contrary this is not
what obtains in practice because people who have no permits smuggled pesticides
from Nigeria and other neighbouring countries into Cameroon. The consequence is
that, these products (chemicals) are sold indiscriminately to farmers who know little
or nothing about how to use them. An overdose use of the chemical leads to
increased land and water pollution.
Furthermore, only persons who have a professional license should be allowed
to administer pesticides as Section 20 (1) states. It provides that “all persons
whether physical or moral who wish to administer pesticides with a professional
license must have the authorization of the competent authority”.
This is not the case in practice. Most people whether farmers or not buy these
chemicals and apply them on their farms without knowing the recommended quantity
to use.
In addition, only pesticides which are accepted by MINADER should be
imported.1002 It is seen that some types of pesticides that are no longer used in

999
Law No. 90/13 of 10 December, 1990 relating to Phytosanitory Protection.
1000
Law No. 2003/003 of 20th April 2003 laying down the law that regulates Phytosanitory Protection.
1001
Bill No. 730/PJA/AN/ relating to Phytosanitory Protection.
1002
Section 21 of the Photosanitary law.

231
Europe because of their toxicity are still imported and used in Cameroon because of
their low prices. Section 24 (2) of the law supports Section 21 by stating that out-
dated pesticides should no longer be used. Yet this section is not enforced .The
reasons why pesticides pollute water are the same like those already discussed
under the pollution of water by fertilizer. Furthermore, the reasons why controllers
and inspectors of pesticides are not doing their job are the same like those equally
discussed under pollution of water by fertilizer 1003.
As mentioned in the foregoing, one of the objectives of the 2003
Phytosanitory law is to increase the punishment for infringing the law in force.
However, the punishment meted out against defaulters in Section 33 is too small to
discourage an infringer from doing so again. For instance, the section provides that
any person who violates the 2003 Law on pesticides will pay a fine of 50,000frs.
Many defaulters can pay this amount of money but if this amount were say, 500,000
to 5,000,000frs it will act as a deterrence because few farmers or companies will
easily pay it. Section 34 further states that, “where a pesticide is imported by an
individual or company without a licence he will be fined to pay between 100,000 to
1,000,000frs”. It is normal that this amount of money will obviously discourage an
individual farmer because it is much but will not deter a company which violates this
law because any company can pay 1000,000frs with all ease.
Even with this, just like the fertilizer law it is difficult to prove pollution of water
by pesticides because there are few or no laboratories to test the residue of
pesticides on crops, water and land.
In most villages of Cameroon pesticides are used for different purposes other
than to fight pests. For example, pesticides are often used to kill and catch trash fish.
Once this chemical is poured in water it pollutes it. This practice of using a pesticide
for a different purpose is forbidden by Section 23 of the 2003 Law. The punishment
meted out to a person who violates Section 23 is contained in Section 35 1004 of the
law but as already mentioned above the punishment is difficult to execute. The

1003
Mr. Narsu Sixtus, the Director of the Etoug-Ebe Photosanitary Centre in Yaoundé-Central Region revealed
to this researcher that, the Ministry is looking forward to training more controllers who will help out in doing
the job. He added that, the Ministry will soon set aside funds to sponsor controllers’ studies abroad. This
discussion took place in July 2012 in his office.
1004
Section 35 states that, whoever infringes the provisions of Section 20 to 26 of this law shall be sentenced to
imprisonment from 1 (one) to 3 (three) months or a fine of from 100.000 (one hundred thousand) to 1.000.000
(one million) francs, or both such imprisonment and fine

232
solution to this difficulty can be provided for by the council in the area where the
pollution took place1005.
Lastly, no text of application of this law exists yet. Section 12 of the Law
provides that:
The Minister in charge of Agriculture shall fix as, and when necessary, the list of
plants, parts and plant products whose importation shall be prohibited or restricted in
Cameroon according to their origin.

Thus as long as the minister has not enacted an Order (Arrête) to list these
chemicals, importers will import any chemical. The decree can take, months or years
to be enacted. This is a flaw in enforcing the photosanitary law

4.3.2.4 Urban and Household Causes

Urban and household activities are a major cause of urban water pollution.
The indiscriminate and uncontrolled extension of urban areas is due to bad urban
planning and the development of spontaneous housing. This is due to the lack of
effective enforcement1006 of the town planning law.1007 Section 21 of the law ordains
this. It reads:
Construction rules in terms of safety, hygiene and sanitation shall be laid down by decree, in particular
with regard to:
- Buildings used as dwellings,
- High rise buildings
- Buildings for public use
- Industrial buildings
- Buildings located in risky zones
This accounts for the fact that some neighbourhoods in Yaoundé, Douala,
Bafoussam and Bamenda have congested houses which provoke, air, land and
water pollution.
Furthermore, the absence of a clear-cut demarcation of urban areas as
provided for in Section 25 of the same law gives way to indiscriminate extension of
urban areas. The Section provides that the documents of planification, limitation of
the use of urban land and space is issued and implemented by the council. This is

1005
One of the functions of the Council is to manage Continental Waters and Rivers. Any person who is caught
polluting a river or stream in his jurisdiction is sanction by the Council, Section 16 of the 2004 law laying down
rules and regulations applicable to Councils.
1006
This problem is exacerbated because the statute in question has no text of application yet.
1007
Law No. 2004/003/ of 21/04/04 which regulates Town Planning in Cameroon.

233
not always the case because mushroom houses sprout every day in most big towns
of Cameroon. The councils are doing little or nothing to fight this indiscriminate
sprouting of houses. That is why we have neighbourhoods such as Mvog Ada and
Briqueterie in Yaoundé, Mabanda and New Bell in Douala so congested with
houses. It is often difficult to pass through some of these neighbourhoods or have
access to somebody’s house because all available space in the area has been used
up in building houses contrary to what Section 25 states.
Worthy of mention here is the lack of effective enforcement of the town
planning law with regards to the issue of building permits by mayors, as per Section
107. This section provides in its Sub-section 1 that “a building permit shall be an
administrative instrument authorizing a building to be put up after ensuring that it
complies with building standards and town planning regulations in force”.
The section further provides in its Sub-section 2 that “any person seeking to put up a
building, even without a foundation, must first obtain a building permit from the
mayor of the relevant council”.
Section 108 stipulates further that;
A building permit may not be issued unless the planned buildings comply with the
town planning provision governing the setting up of facilities, their nature, purpose,
architecture, layout of the surroundings, and observe general building regulations in
force.
Section 107 (1) and (2) makes it clear that it is a condition precedent that a
building permit must be obtained before a house can be constructed. This means it
is mandatory to obtain it. The spirit of Section 107 is further strengthened by Section
41 of the Environmental Code. It states that before a mayor issues this permit he/she
must take into consideration the impact of this building on the environment.
Therefore making this section a cautious one. In other words, it checks the right of
the mayor to issue building permits. The section reads:
Building permits shall be issued duly taking into account the presence of classified
establishments and their impact on the environment, and may not be issued or may
be subject to special prescriptions jointly prepared by the Administration in charge of
the environment and housing, where the intended buildings are likely to have negative
consequences on the environment.
In spite of the spirit of these two Laws, that is not what always obtain. This
accounts for the growth of informal houses.

234
 The mayor is mandated to send out controllers from his council to towns and
villages to verify those who are building houses without a building permit. Most often
than not, this is not done for the reasons already explained in chapter 3 of this
research.
Mayors have been given the authority to apply the town planning law in its
entirety.1008 Therefore Section 25 of the town planning law provides that a mayor can
authorize that a house which has been built without a building permit be demolished.
Controllers from local councils do not often inform the mayor because they may have
been corrupted by the person building a house without a building permit. However,
even when he is informed, he does not always pull down the house for a number of
reasons namely: Firstly, he might have been corrupted. Secondly, lack of political will
to do so, and lastly, the pity of rendering families homeless lurks on his
conscience1009. The argument put forward against this reason is that the house had
been earmarked for not having a building permit. Secondly, informal housing and
pollution should not be tolerated because of sentiments (or else a person who
commits murder and has a large family will not be convicted).
The indiscriminate occupation of urban areas has provoked water pollution
because the waste produced by its occupants is dumped into rivers and streams.
Most occupants of big towns1010 of Cameroon believe that a stream or river is a good
medium to dump sewage. Empty plastic bottles of mineral water are often seen
floating on streams. The waste dumped in streams and rivers narrows its path, the
end result being floods. The Water Law in its Section 4 (1) forbids the dumping of
waste into rivers, and streams. In Yaoundé this law is complemented by an Order of
20061011 enacted by the Government Delegate to the Yaoundé urban Council.
Section 1 provides that:
It is strictly forbidden to throw dirt or garbage into a public place or in a river no matter
the time of the day or night by an individual or a public establishment.
This Order provides in its Section 11 that anybody who contravenes this Order will
be punished by Section 362 of the Cameroon Penal Code. Yet most households

1008
Section 18 of this law provides that, mayors shall disseminate and apply the provisions stipulated in the
general town planning and building rules, using all means necessary and involving in particular, local town
planning services or services in charge of urban affairs, as the case maybe, and neighbourhood associations.
1009
This argument was put forward by Mr Etouga Roger who is the Secretary General of Yaoundé VI council
found in the Biyem-Assi neighbourhood in Yaoundé. This discussin with him took place on the 10 th of June
2011 .
1010
Towns such as, Douala, Yaoundé, Bafoussam and Bamenda.
1011
Order No. 195/Cu/Yde/06 forbidding the dumping of waste on public places and in streams or rivers.

235
contravene this Order and go unpunished. It is rare to see anyone who has been
sanctioned for throwing sewage into a river or stream. However, where they are
punished the penalty levied is discretionary because Section 362 of the Penal Code
merely classifies simple offences with their penalties. Which means that it depends
on the mayor or magistrate to decide on the offence and the penalty. It can be a first
or second or third or fourth class offence. This poses a problem because the
classification depends on the mayor or magistrate who can decide to fit it in any of
the four classes of offences. We therefore submit here that the Penal Code should
state clearly each offence and its penalty not leaving it at the discretion of the mayor
or magistrate who can either chose a low or high class.
The second problem raised here is which instrument is applicable. Is it the
Water Law, the Penal Code or the Order passed by the Government Delegate? This
lack of a clear-cut law to apply creates an atmosphere of confusion. This is
unhealthy for a society which wants to combat pollution. We recommend here that
there should be a clear-cut demarcation as to the law to apply. We are saying this
because if there was no Water Law or Penal Code, the Order would have been
embraced in to to, but there is a water law. Let this confusion be sorted out and let
the law which has preference prevail. Even though it has been argued that the water
law punishes the act of polluting while the penal code punishes the consequence of
pollution. We differ with this view because the act and the consequence cannot be
separated because once the act is committed the consequence follows. So they
cannot be separated.
In most of the congested neighbourhoods in towns of Cameroon, toilets 1012 are
built just near houses because of lack of space. The law regulating councils in
Cameroon does not state the reasonable distance from which a toilet should be built
from the house. The town planning law is equally silent on it. 1013 This explains why
toilets are built anywhere in towns. Despite these lacunae in these laws, the
government delegates and mayors of some council areas have sorted out this
problem by enacting decrees and orders which state the distance from which a toilet
should be built. The Government Delegate to the Yaoundé Urban Council has not
done so. His Order of 2006 does not contain this limit. However, some government
delegates have responded promptly to this problem by enacting orders which contain

1012
Toilets here include pit latrines and flushing toilets.
1013
The Environmental Code and the Water law do not make provisions for it.

236
the distance. For instance, the government delegate to the Bamenda urban council
has done that. His Municipal Order of 1999 1014 forbids the building of a toilet (pit
latrine) less than 100 metres from the house. Section 4 of this order makes it clear, it
states:
Any person within the council area that does not make provision for proper excreta
disposal or build his toilet less than 100 metres from his house and in a manner as to
render it harmful to human health, shall be liable to pay a fine of as from 5000 frs to
100.000 frs
It is seen from the section cited above that the Bamenda Urban Council makes
things easy for its workers because there is a stated distance within which a toilet
should not be build. Therefore quoting the stated distance to the dwellers of the
Bamenda urban town is easy. They are therefore made to understand that if a toilet
is built within a distance of less than 100 metres from the house he or she will be
liable to pay a fine of from between 5,000 to 100,000frs. This amount of money is
reasonable to serve as a deterrence for violating the order. For there are some
people (families) who cannot afford this sum.
Furthermore, most inhabitants of congested neighbourhoods in towns build
their toilets near streams.1015 When these toilets are full they open and empty them
into these rivers and streams. This violets Sections 4 (1) of the Water Law and 49 of
the Environmental Code.
Households equally pollute water through the direct washing of dresses and
cars in streams. This is common in urban and rural areas of Cameroon. The
Environmental Code is silent on this act. However, the Water Law forbids it in its
Section 6(3). It states that, “also it shall be forbidden to wash or service motor
vehicles, internal combustion and similar engines close to water points”.
It is discern from this section that only the washing of cars and engines is
forbidden. The washing of dresses which also pollutes water is not forbidden. This is
another lacuna in the Water Law. Some councils in Cameroon, such as the
Bamenda urban council have filled this lacuna by enacting their own municipal
orders which forbid this act. Section 6 of this order provides that:

1014
Municipal Order No. 05/1999/BUC regulating Health Hazards and Nuisance within the Bamenda Urban
Council Municipality.
1015
Neighbourhoods such as Mvog Ada, Briqueterie, Etoug-Ebe in Yaounde, New Bell, Mabanda and Bonaberi
in Douala, Metta quarter and Swine quarter in Bamenda, Hausa quarter and Ibo quarter in Kumba among many
others.

237
 Any person misusing standby water, or polluting the surrounding of rivers and
streams by washing dresses or carrying out any other activities shall pay a fine of

as from 2,000 to 20,000frs cfa.

This step by the Bamenda Urban Council is laudable because it has filled the
lacuna the Water Law has in its region. We propose here that other councils of
Cameroon should emulate this example or better still the Water Law should be
revised and this clause included in it. This will apply nationwide, instead of individual
councils enacting their own municipal orders which govern only their municipality.

4.3.2.4:1 Institution in Urban Areas

Institutions are used in this context to mean hospitals, hotels and fuelling
stations. Hospitals produce solid and liquid wastes from their theatres, wards,
morgues and offices. Much of the solid waste is cleared by HYSACAM. The rest is
burnt in incinerators or allowed to decompose. The decomposed solid waste is
washed away into streams and rivers by rain water. The liquid waste which results
from toilets, wash houses, the treatment and cleaning of patients is channelled into
gutters which empty into streams.1016 Liquid waste from these hospitals is sometimes
discharged into lakes.1017
Hotels also produce liquid wastes which are discharged into streams and
lakes.1018Most of these hotels discharge these liquid wastes in an untreated manner
into lakes and streams1019 thus violating Section 49 of the Environmental Code and 4
(1) of the Water law.
Petrol stations are also sources of water pollution in Cameroon because most
of the equipment used produces oil films around them which is washed away into
streams. An example of this is seen in the matter between Shell v MINEP.1020 In that
matter Shell discharged dirty water, engine oil, and half paints from the stations into
the heart of the residence of a certain Tchoupé Tchoupé Andre and into a small river

1016
Examples include the Biyem Assi District Hospital, the Central Hospital and the Teaching Hospital all in
Yaoundé.
1017
Tajiogue,J.B(2005 “Le Dechets Solid dans la Ville de Yaounde.Le devenir des Residues Urban en
Encombrants”.Unpublished Doctorat de 3e Cycle Thesis. Department of Geography,University of Yaoundé 1
1018
This waste result from washing of dresses, plates, baths and flushing toilets.
1019
An example is the Hotel des Deputes in Yaoundé which discharges its liquid wastes into the central lake. A
couple of years back, the septic tank of this hotel spilled over and drained into the municipal lake. The hotel was
sanctioned by the then Ministry of Environment and Forestry for not managing its septic tank well. Ministries
also discharge untreated sewage into rivers and lakes in Yaoundé. We are referring here to the Ministries of Post
and Telecommunication, Basic and Secondary Education and Public Services and Administrative Reforms.
1020
Case No. 033/TPI/OPL/2005 of June 12/2005 (unreported).

238
below her abode in Bafoussam. This polluted the complainant’s residence and the
river below. Tchoupé Tchoupé filed a complaint against Shell for pollution within the
Delegation of MINEP in Bafoussam. MINEP issued an injunction against Shell which
was never respected. The matter was finally sent to the Court of First Instance in
Bafoussam, a town in the West Region where judgement was passed in favour of
the complainant because the defendant violated the Environmental Code and the
Water Law.1021The defendant was asked to pay damages amounting to 2,358, 620
frs according to Section 80 of the Environmental Code and equally to stop emitting
the waste.
Lastly, slaughterhouses also produce wastes. The blood and wastes from the
slaughtered animals are washed away into streams or rivers depending on where
the slaughterhouse is located.1022 It is the duty of the council 1023 to clean and manage
slaughterhouses but this function is not often performed by the councils. This
explains why slaughterhouses pollute water.

4.3.2.4.2 Individual Action

Irresponsible attitudes of individuals may equally contribute to water
pollution in no small way by urinating or defecating in streams. The facts and
decision of the case of Teboh John v the People1024 are illustrative. In that case the
defendant was caught sometimes in 1995 polluting a small stream in Batibo Sub-
division1025 by urinating in it. The stream is the principal source of drinkable water for
the people in that area. In the Court of First Instance, the defendant was tried for
violating section 261 of the Cameroon Penal Code. 1026 The Court found the
defendant guilty and imprisoned him for 3 months. The only criticism we have
against this judgement is that the court did not impose a fine on the defaulter.

1021
Sections 43, 47, 49 and 50 of the Environmental Code and Section 4(1) of the Water law.
1022
For instance ,the slaughterhouse in Yaoundé is located near river Mfoundi enabling the liquid wastes to be
washed into the river by rain water and sometimes by the slaughterer themselves.
1023
Section 110 of the law governing Councils states clearly that slaughter houses are to be managed and
maintain by the council in order to prevent the waste it produce from polluting the environment.
1024
Case No. 50/BCI/29June 1995 (unreported).
1025
Batibo is a small town found in the North West Region of Cameroon.
1026
Law No 65. – LF-24 of 12 November 1965 and law No 67-LF-1 of 12 th June 1967 laying down the penal
code.

239
The courage of the judge in this case is commendable, and it is hoped that other
judges will emulate such environment-friendly judicial attitude, although coming from
a junior court1027.

4.3.2..5. The Role of Councils

The Law of 20041028 regulating councils defines a council in its Section 2(1) as
“a decentralized local authority”. One of the principal duties of councils is to clean the
town1029 and equally improve the living conditions of their inhabitants. 1030 This duty to
clean towns is further assigned to councils by the Environmental Code. Section 46
(1) of this code states that “Decentralized territorial councils shall eliminate
household waste, possibly, with the competent state services, in keeping with the
laws in force”.
Section 110 of the 2004 Law further stipulates that it is the duty of the councils
to manage city lakes and rivers. It is due to the lack of effective execution of this duty
by councils that we have water pollution in most towns of Cameroon. 1031 Due to lack
of constant cleaning of towns and the education of the populace on how to clean
their premises by council officials, most households turn to dump most of their waste
into streams and rivers.
Most workers of councils of big towns mostly execute only jobs that fetch
them money.1032 The council workers do not go out to control or prevent the dumping
of wastes into streams, gutters and roads.
As already noted, it is the duty of the councils to send out their workers to the
neighbourhoods to educate people on how and why they must clean their
surrounding1033 (Not to build a pit latrine too near their houses and not to empty their
toilets into streams and rivers when they are full). A fine is supposed to be levied
against the defaulter but this is not often done. For example the Government

1027
Attention should be drawn here to the fact that, the defendant was punished but under criminal law not the
Water law of 1998 or the Environmental Code of 1996 because both statutes did not exist then when the
defendant polluted that stream.
1028
Law No. 2004/018 of 22nd July laying down the rules applicable to Councils.
1029
Ibid section 110.
1030
Ibid section 3 (1).
1031
These towns include, Douala, Yaounde, Bafoussam, Bamenda among others.
1032
For example in Douala and Yaoundé where parking in the heart of the town is paid, any wrong parking
attracts a penalty of 25000frs in the case of Yaoundé. Most often than not some of them are bribed when they
are about to affix the chain on the wheel of the car in the owner’s presence. A bribe of about 5,000frs settles the
matter than going to pay 25000fr to the Council. It should be noted that the bribe goes into the pocket of the
Council worker not the coffers of the Council.
1033
Ibid.

240
Delegate to the Yaoundé City Council passed an Order in 2006 1034 forbidding the
throwing of dirt or waste of any type and at any time of the day into public places or
streams. This Order is violated daily in Yaoundé because the council workers in
charge of sanitation and hygiene do not go around to make sure the Order is
respected and bring to book those who have violated the order.
In the 1970s,1035in Bamenda for example, there were sanitary workers who
came from the Ministry of Public Health and worked in collaboration with the
Bamenda Urban Council. Their duty was to visit neighbourhoods and houses to
make sure their surroundings were clean and equally that toilets were built 100 1036
meters from the house and waste was not dumped into rivers. Anybody who violated
this order was levied a fine of between 2,000 to 5,000 CFA frs. This kept the town of
Bamenda clean. Unfortunately all this has disappeared today because of lack of
funds to pay these workers from the Ministry of Public Health.
Another reason is the lack of personnel. Most Councils do not have sufficient
personnel to execute this job. Section 74 of the law regulating councils states clearly
that, the mayor shall recruit, suspend or dismiss workers governed by labour laws
and collective agreements. The mayor does not perform this function because of
lack of finances. Employing more workers entails paying more salaries but because
councils do not have enough finances this function cannot be executed.
The impact of corruption may not be completely discounted. One of the
reasons why it is prevalent in Cameroon is because mayors do not have a stated
salary paid by the state. Their allowances are voted by the councillors which can be
high or low. Where the salary is low the mayor may be tempted to take a bribe and
once this happens he closes his or her eyes to many problems in his/her council
area. The work mayors do is enormous but the salary they receive is not enviable.
This accounts for the lack of total commitment to their duty. In some countries 1037
mayors are paid by the state which puts them on a comfortable salary.

1034
Section 1 of this Arrête.
1035
Tazong Abel Ndeh, was the Government Delegate to the Bamenda Urban Council then in 2008 when this
discussion took place. He regretted the disappearance of these sanitary workers.
1036
Section 4 of Municipal Order No. 05/1999/BUC regulating Health Hazards and Nuisance within the
Bamenda Urban Council Municipality.
1037
In Gabon the salary of a Mayor is 900,000frs a month, in Benin it is determine by the code that regulates
councils. In Algeria his salary is determine by the law that regulates Councils. Furthermore, the Mayor is given
a special status unlike in Cameroon where he is not. For more on this see DYNAMIQUES LOCALES. No. 001
October-December 2011. p. 10.

241
 In addition, the decentralized process is yet to be effective in Cameroon. Until
complete competence is transferred to councils, they will not have enough money to
manage their affairs independently. For example, giving their mayors a good salary
or allowances will motivate them to do their work effectively. 1038
Lastly, money is needed to pay or motivate chiefs and “quarter heads” to call
their populace and educate them on how to clean their environment (how to sweep
and gather dirt) and not to throw garbage into streams. If these “quarter” heads and
chiefs are not tipped after about one or two meetings they become tired to carry out
this exercise again. A discussion with a municipal authority 1039 testifies this:
Truly, we mayors do not have enough means. We are only functioning with the means we
have. We cannot collect all the refuse in the quarters because it is too expensive for us. There is the
duty to educate or sensitize the population which depends only on the mayors. In order to sensitize
the population, quarter heads or chiefs become tired at the end of one or two meetings. To sensitize
we need to provide means to the quarter heads, supply garbage cans, and provide people who collect
this garbage and people who carry out repression. I wish to tell you that repression or sanction is very
difficult, because when somebody throws dirt or pollutes, it is difficult for the mayor to punish him or
her. What do we suggest? It is a question of sensitization and educating the masses. We cannot
educate with out means.

4.4 Ground Water Pollution

The Water Law of Cameroon does not give a vivid definition of ground water.
It states ambiguously in its Section 3 (1) (b) that “it is infiltration water”. This definition
is not explicit, so reliance will be made on other definitions. Groundwater is defined
by the Advanced Learners Dictionary of Current English as “water in the sub-soil or
water below the ground which includes wells and aquifers.” 1040Thornton further
defines it as “water which percolates through or under land, as opposed to flowing in
a defined channel above or beneath it, is known as ground water” 1041.
We gather from the various definitions given above that ground water is water below
the ground. Ground water resources have always played a critical role in meeting the
water demands of traditionally water-short areas of the world. 1042 About half of the

1038
This will help to resolve the problem of acceptance of bribes from the public by the Mayor and by workers
to a great extend.
1039
She is the Mayor of Yaounde 5 Council. The chat took place on the 9th of October 2009.
1040
Hornby, A. S, op. cit. p. 480.
1041
Thornton, J and Beckwith S. op. cit p. 242.
1042
Backman, A and Isakson, M (1994) “Storm Water Management in Kenya, Botswana- Uppsala”,-Swedish
University of Agricultural Sciences, International Rural Development Centre, P. 73 (Working paper-
International Rural Development Centre, Swedish University of Agriculture sciences 246).

242
people in Cameroon including about 50% of those in rural areas, depend on
underground water.1043 This vital resource is threatened in many areas by over-use,
pollution and by a wide variety of industrial, agricultural and domestic contaminants.
For decades now it was widely assumed that ground water was impervious to
pollution because soil would bind chemicals and cleanses water as it percolates
through. That is no longer true in many areas 1044.

4.4.1 Causes of Ground Water Pollution

4.4.1.1 Agricultural Products
Agricultural chemicals such as pesticides and fertilizers and other wastes are
responsible for the largest total volume of underground pollutants. Pesticides and
fertilizers contribute enormously to unsafe levels of organic contaminants in ground
water. Seventy three different pesticides have been detected in ground water in
Canada and the United States1045. Accidental spills or leaks of pesticides pollute
ground water sources in many countries of the Third World 1046.
In Cameroon, pesticides pollute ground water especially in the plantation and
agricultural areas where they are used in fighting pests in the rubber and banana
plantations in Njombe, Loum, Tiko, Limbe and Muyuka. 1047 Most of the causes of
underground water pollution in Cameroon are similar to those discussed under water
pollution and so shall not be rehearsed here again. It is worth noting, however, that
the problem of underground water pollution has been solved in some countries in
Europe by the enactment of a Nitrate Directive on the Protection of Waters from
Pollution caused by Nitrates from Agriculture for example. 1048 This Directive provides
that “nitrates-vulnerable zones” must be created in each country’s territory and
equally that the use of certain fertilizers during certain periods should be prohibited.
A law or provision of this nature does not exist in Cameroon. Furthermore, the
fertilizer and photosanitary laws of Cameroon do not indicate “nitrate vulnerable

1043
« L’ Environment Au Cameroun (October 1990) Problems Environmentaux dans le Region Au Nord
Cameroun » Centre de Cooperation-Cameroun Canada p. 80.
1044
UNICEF: Water sanitation and health for all by the year 2000 E/ICEF/1988/L.
1045
Lowia, R (1991) ‘‘The Impact of Agricultural Intensification on Aquatic Ecosystems in Uganda’’, cited in
Environmental Management in Developing Countries-Readings from the final papers written by participants in
the UNEP/UNESCO post graduate training course in Environmental Management held at Dresden University of
Technology vol.1, 1994. p.145.
1046
Ibid.
1047
Concertation National sur L‘Environnement du 15-16 Juliet 1993 a Yaoundé. Rapport de Synthèse et
Présentation de Résulta Ministère de l’Environnement et Des Forêts p. 50
1048
Directive No. 91/676 on the Protection of Waters from Pollution caused by Agriculture Sources.

243
zones” or prohibit the use of certain fertilizers during certain periods. This gap is one
of the causes of the increase of ground water pollution in Cameroon.

4.4.2 Underground Storage Tanks

An underground tank is a tank in which petrol and kerosene are stored for
sale in a fuelling station. After a certain lapse of time, small holes might develop in
these tanks because of rusting through which petrol and kerosene might leak out.
These pollute the water underneath. That is why after sometime, these tanks are dug
out from the ground for repairs. Such contamination of underground water
contravenes Section 29 of the Environmental Code which states that “direct or
indirect spill incidents, discharges, dumping of any kind, and more generally any act
likely to provoke surface or underground water degradation through the modification
of their physical, chemical, biological or bacteriological characteristics shall be
prohibited”. The problem of leaky tanks has been solved in America by removing the
single walled underground storage tank and replacing them by modern ones. It is
suggested here that, the Environmental Code should be modified and a section
added stating that fuelling stations should use modern tanks which do not leak. If this
is done, the Environmental Code will not be violated anymore.

4. 4.3 Wells
A well is defined as “a hole or shaft sunk into the earth to obtain a fluid such
as water, oil, or natural gas”. 1049 In recent years, many Cameroonian cities have
undergone unprecedented growth in population through natural population growth
and through migration from rural areas. 1050 Population rise has led to the growth of
cities into sprawling “mega cities” with large areas of unplanned site stand and
housing with few services.1051 The main source of portable water in many of these
cities is ground water, commonly gotten not only from shallow land-dug wells but
also from deeper water supply boreholes.1052
In Cameroon, wells are used to draw water, while in Europe and America
wells are used mostly for the purpose of injecting liquid waste into the subsoil. 1053
1049
Bryan, A.G(ed) Black’s Law Dictionary (.9th ed). Minnesota West Group. 1732.
1050
Lambi, C.M op. cit. p. 55.
1051
Ibid.
1052
Ibid p. 56.
1053
Evaluation of Urban Pollution of Surficial and Ground Water Acquifers in Africa. A project sponsored by
UNEP and UNESCO, September (2002) p. 9.

244
Direct injection of liquid waste such as oilfield brine, effluents from chemical plants
and treated sewage down wells into deep aquifers is much less common than in the
past. It is still allowed in some circumstances however, to the dismay of some
cities.1054 This type of wells do no exist in Cameroon and these are clearly forbidden
by Section 29 of the Environmental Code and Section 4(1) of the Water Law.
Wells are common in most towns of Cameroon because most of the populace
cannot afford pipe-borne water. When these wells get old they are abandoned.
Abandoned wells represent another source of ground water pollution. Some
domestic wells lack grouting to prevent surface contaminants from leaking into
aquifers that they penetrate. When these wells are no longer in use, they are not
often adequately capped, and people forget where they are. They can become direct
routes for drainage of surface contaminants into aquifers. This problem is serious
because there is no law regulating where and how a well should be dug. In other
words, the Environmental Code and Water Law are all silent on that. This explains
why wells are dug indiscriminately. The construction of wells should be regulated as
is the case in Nigeria1055.
4.4.4 Landfills
Landfill is defined as “an area of land where large amounts of waste materials
are buried under the earth”. 1056 In other words, it is a hole dug in the ground to
deposit waste. In some cases, the hole is covered after each deposit, in others it is
not. Although, recently constructed landfills have special liners and water collection
systems, approximately 90%1057 of the landfills in North America have no liners to
stop leaks of underground water and 96% 1058 have no system to collect the leachate
that seeps from the landfill – 60% 1059 of the landfills place no restrictions on the waste
accepted, and many landfills are not inspected even once a year. If the waste is
solid, it decomposes and emits a liquid or if liquid, the landfill will seep into the
ground and pollute groundwater.

1054
Ibid.
1055
In Nigeria, the Lagos State Environmental Pollution Control Edict, 1989, Section 19 prohibits indiscriminate
digging of well and boreholes for industrial purposes without the written approval of the Ministry of
Environment and the Lagos States Water Corporation, Atsegbua, L & Akpotaire, V. op cit. p. 81.
1056
Hornby, A.S(ed) (2005) Oxford Advanced Learner’s Dictionary of Current English. Oxford University
Press.7th ed. P 861.
1057
Nazrul et al (2001) “Environmental law in Developing Countries- Selected Issues” IUCN Environmental
policy and law paper No. 43 p. 35.
1058
Ibid.
1059
Ibid.

245
 In Cameroon, this is not very common because most people do not know that
they should or can bury waste in the ground. This explains why most people dump
their waste but on the ground. In some towns, for instance Bamenda, natural landfills
are used to deposit liquid wastes.
However it is worthy of note here that, HYSACAM dumps its wastes in a
landfill dug by the Company at the Nkolfoulu neighbourhood in Yaounde 1060. Section
51 of the Environmental Code states clearly that wastes shall only be buried in the
sub-soil with the prior joint authorization of the competent administration which shall
lay down the technical prescriptions and special rules to observe. Section 51(2)
states that the burial of waste without the authorization provided for in sub-paragraph
(1) shall lead to an excavation of the waste by the person who buried it or after a
charge to pay from the competent administration, in collaboration with the other
administrative authorities concerned. Regrettably, this provision serves little or no
purpose since individuals or groups scarcely bury their wastes in Cameroon. The few
who do, do not obtain this authorization.1061

4.4.5 Septic Tanks

Septic tanks are large containers, usually underground, that hold human
waste from toilets until the action of bacteria makes it liquid enough to be absorbed
by the ground. Most modern houses in Cameroon have flushing toilets. These toilets
empty their wastes into septic tanks. If the walls and floor of the tank is not well
sealed, the liquid waste will seep into the ground and pollute ground water.
Poorly designed and inadequately maintained septic tanks systems have
contaminated ground water with nitrates, bacteria and toxic cleaning agents. There
are over one million1062 septic tanks in use in the Douala and Yaoundé urban centres.
About a third have been found to be operating improperly. 1063 The implementation
instrument of the Water Law of 1998 1064 states in its section 6 that, the minister in
charge of water resources and energy will state the technical methods which are
supposed to be used to build septic tanks and latrines so that they do not pollute the

1060
BOSANGI, le magazine trimestriel de la propreté Juillet, Aout. Sept. 2006. No. 007 p.30.
1061
HYSACAM which does so has obtained this authorization else She would have been asked to excavate the
wastes
1062
Awum, D. op. cit. p. 36.
1063
Ibid.
1064
Decree No. 2001/165/pm of 8th may 2001 prescribing the methods to Protect Surface and Underground
Water from Pollution.

246
environment. This provision is not respected in practice. Furthermore, the officials do
little or nothing to enforce this section and this is why the technical specifications in
their construction are simply ignored. For example, a septic tank’s walls are
supposed to be plastered and lined with a substance which will prevent the waste
from leaking into underground water1065.

4.4.6 Pit Latrines.

This is a toilet made by digging a hole in the ground. They are common in
Cameroon because of the rapid population growth. Effluent from these toilets may
leak into rivers and ground water 1066. The end result is that the leachate from the
toilets contaminates wells. This accounts for the regular cholera outbreaks in
congested and slum clearance zones in Douala, Yaoundé and the North Regions 1067.

4.5 Surface Impoundments: Wetlands

A good number of ponds and lakes are used in Douala and Yaoundé to store
treated and untreated waste.1068 This act violates Section 94 of the Environmental
Code which provides that “Mangrove ecosystems shall be specially protected, taking
into account their role and importance in marine biodiversity conservation and the
maintenance of coastal ecological balances”.
It is obvious from the above that wetlands should be protected but the reverse is true
in Cameroon because they have been turned into a medium where waste is
dumped. Such a practice also contravenes international norms regulating wetlands.
These lakes and ponds are called in environmental law wetlands. What then
is a wetland? Wetlands are areas where dry lands meet or are saturated by water
and are characterized by the presence of water dependent species of plants and
animals. As an integral part of the water cycle, wetlands are amongst the most
productive ecosystems on earth and are of great economic and cultural importance

1065
What obtains is that most people just dig a hole and build the walls without plastering them. This promotes
the seeping of the waste into underground water leading to its pollution
1066
This problem is aggravated because Section 6 of the enabling instrument of the Water Law already discussed
in the foregoing is not respected. This explains why pit latrines are dug anywhere, anyhow even near wells.
1067
These include quarters such as Mabanda and New Bell in Douala, Mvog Ada, Briqueterie and Elig Ejua in
Yaoundé and Balaji in Ngaoundere.
1068
Examples include the Central Lake, that of Biyem-Assi, Efoulan and the University of Yaounde I all in the
Yaoundé Urban Town among many others.

247
to mankind.1069 The term “wetland” is a relatively new coinage 1070 that covers a broad
range of distinctive habitat types which do not fit neatly into aquatic/terrestrial
classification systems. Wetlands commonly occupy a transitional zone between wet
and generally dry environments and share characteristics of both. Collectively, they
range from permanently or intermittently wet land to shallow water and land - water
margins.1071Whilst they have traditionally been associated with areas of shallow
water, such as marshes, swamps and peat bogs, there is no scientific reason to
restrict their definition to fresh water habitat types. On the other hand, a line must be
drawn when delimiting coastal and marine wetlands to avoid extending such a
definition to all water surfaces of the world, including oceans and seas.
A common frame of reference is now provided by the Convention on
Wetlands of International Importance especially as Waterfowl Habitat, concluded in
Ramsar, Iran on 2nd February 1971.1072 Its internationally agreed definition describes
wetlands broadly in its Section 1(i) as:
Areas of marsh, fen, peat land or water, whether natural or artificial, permanent or
temporary with water that is static or flowing, fresh, brackish or salt, including areas of
marine water the depth of which at low tide does not exceed six meters 1073.
This represents the first attempt by the international community to develop a
coordinating concept for a specific group of ecosystems and provides a useful
starting point for wetland identification and management.
However, the definition is not free of difficulty: some have considered that it
makes the description of wetlands and their uses and threats more complex. 1074 It
does not mention open coasts and coral reefs, although it is clearly applicable to
shallow marine and coastal ecosystems, including estuaries, dunes, mangrove
swamps and sea grass beds. 1075 Similarly, the definition does not refer to

1069
Shine, C and Klemm. C (1999) “Wetlands, Water and the Law”-using law to advance Wetland Conservation
and Wise Use. IUCN Environmental Policy Law and Paper No. 38, published by IUCN, Cambridge (UK). P3.
1070
Smart, M (1997) Sehumed: Botetun de la sede para el estudio et de les Humedales Medeternaneos, Vol 1/1
p. 60.
1071
Rubec,C et al(1999) “A Framework for Developing and Implementing National Wetland Policies”.IUCN
Environmental Policy and Law Paper No.44.p.61.
1072
Now generally referred to as the Ramsar and /or the Convention on Wetlands a practice followed in this
research.
1073
Article 1 (1).
1074
OECD (1966) Guidelines for Aid Agencies for improved conservation and sustainable use of Tropical and
Sub-Tropical Wetlands. Guidelines on Aid and Environment, No. 9 OECD, Paris p. 9.
1075
However, Article 2 (1) does specifically provide that wetlands which are included in the list of wetlands of
international importance established under the convention “May incorporate riparian and coastal zone adjacent
to the wetlands and Islands or bodies of Marine water deeper than six metres at low tide lying within the
wetlands”.

248
hydrological systems even though it covers the components of natural inland water
systems, such as lakes, rivers, floods plains, water meadows and other wetland
types.1076 It does explicitly include man-made wetlands, such as canals, reservoirs
and aquaculture ponds.
The Ramsar definition, adopted in 1971, predates many of the recent
conceptual and legal developments related to integrated management of inland and
coastal water systems. The Convention does not use the terminology of river basins,
catchments and watersheds that has now become common currency in
environmental policy instruments, nor does it reflect the interlinkages between
coastal waters, inshore marine and inter-tidal areas and landward areas necessary
to maintain important ecological processes. 1077 On the other hand, the sheer breath
of the Ramsar definition makes it possible for countries to adapt or “fleshout” the
definition in line with their particular biogeographic conditions and to develop a more
detailed classification system as a basis for domestic legislation and wetland
programmes. Some countries which have ratified the Ramsar Convention have no
legally-backed definition of wetlands, whilst at the other extreme countries like Spain
and Uganda1078 have incorporated the Ramsar definition into national legislation
without any modification. Cameroon on its part has no definition of wetland in her
Water Law and Environmental Code. It only states as seen above in its Section 94
that they should be protected. Therefore Cameroon has equally endorsed the
definition of the convention when she ratified it in 2006. 1079
The practice of dumping wastes (treated or untreated) into lakes in Cameroon
is a French heritage.1080 This method is not commendable because much of the
waste dumped is not treated, and some of the purification centres where waste is
supposed to be treated before disposal are no longer operational. It is worthy of note
here that not all the lakes have purification centres. 1081 Untreated waste poisons the
lakes and harms aquatic life. Even the fish from these lakes are not safe. This
defeats the two main purposes of a wetland namely: to purify water and to act as a

1076
Even though Article 5 promotes international cooperation where a “water system” is shared by contracting
parties.
1077
Report of Technical Session A, Proceedings of the Sixth Meeting of the Conferences of the Parties to the
Ramsar Convention (Brisbane 1996), vol. 10/ 12 at p. 2.
1078
Shine, C and Klemm, C, op. cit. p 4.
1079
The Convention was ratified in Cameroon on the 13th of January 2006.
1080
L’Environnement Au Cameroun perception De l’Environnement Au Cameroun (1991) Centre de
Coopération Cameroun- Canada p. 56.
1081
Examples include the lake at Biyem-Assi and that of Efoulan in the Yaoundé Urban Town.

249
good habitat for aquatic life. Many wetlands house a very high degree of biological
diversity, between species and between ecosystems. They provide essential natural
habitat for many groups of species, not only water fowl 1082 and fish but also reptiles,
amphibians, invertebrates, mammals and plants. 1083 Wetlands also provide an
important reservoir for genetic material. Biological processes occurring in wild
species may be very important for human medicine. All these cumulate to show the
importance of wetlands and the urgent need for their better protection in Cameroon.
In the past, the discharge of wastes into lakes 1084 in Cameroon did not cause
much of a problem because the purification centres were all functional 1085 but today
some are grounded. It is the duty of the council to install and manage purification
centres in their various council areas as provided by Section 19(a) of the law
regulating councils. If the centres become faulty or brake down, it is equally their
duty to repair them, but this is not often the case because of the lack of sufficient
finances and the endemic culture of negligence by the councils. This explains why
many purification centres in Yaoundé which broke down took years before they were
repaired.1086
Furthermore, most of the lakes and ponds in Cameroon are not lined; none
uses a plastic or synthetic non-soil liner. 1087 None of these impoundments in
Cameroon have a no-leak detection system. None has a restriction on the waste
placed in the impoundment. None or few are inspected annually. Many of these
ponds and lakes are located near ground water supplies. The wastes poison the
water in the lake and groundwater in turn.

1082
The abundance of food, especially in tidal areas, means that wetlands may hold up to 100 times as many
birds as the open seas. Their relative inaccessibility also makes them ideal places for wintering, nesting and
moulting .Because the number of suitable wetlands is limited; the bird populations in certain sites may be
gigantic (the Mauritanian Banc d’Arguin supports up to 2 million birds, the Wadden Sea in Europe 3 million in
autumn.
1083
The dependence of reptiles on wetlands varies from one species to another. Tortoises (Emys and Mauremys)
are completely dependent on wetlands habitats, whereas fish and amphibians eating snakes (Natrix) are only
partially dependent. Sea turtles need special nesting beaches: One well-known example is the loggerhead turtle
caretta caretta which nests on the Greek Island of Zakynthos.
1084
It should be mentioned here that this technique of dumping waste is prevalent only in former East Cameroon.
In former West Cameroon what obtains is the building of septic tanks which never gets full.
1085
The purification centres of the Messa neighbourhood, the University Teaching Hospital, the Cité Verte
neighbourhood and the University of Yaoundé I, all in the Yaoundé urban town and that of Bounamussadi and
Makepe quarters in the Douala urban town.
1086
The repair of the purification centre of the Messa neighbourhood took place just a few years ago. This was
repaired by a company called Koop-Cameroon hired by the Yaoundé urban councils. That of theCite Verte
neighbourhood, the University Teaching Hosptial have also been repaired. That of Bonamoussadi and Makepe
in Douala have equally been repaired.
1087
This is what obtains in Uganda and Tanzania. For more details see Evaluation of Urban Pollution of Surficial
and Ground Water Aquifers in Africa-2002 September. Project sponsored by UNEP and UNESCO .p 80.

250
 Why wetlands degradation is prevalent in Cameroon is because there is no
clear-cut law regulating wetlands in this country. The Environmental Code only
mentions it in Part VII of the Statute (i.e. miscellaneous and final provision). This
shows that wetlands protection is not taken seriously in Cameroon. Even then,
Section 94 of the Code only states that “wetlands shall be specially protected”
without stating how they should be protected. Perhaps a complete enabling
instrument of the code will contain how it will be protected. Therefore, without a
radical and sustained approach in conservation policies in Cameroon, the
foreseeable future will bring continuous losses of the wetlands. 1088

4.6 Thermal Pollution

Section 2 (e) of the enabling instrument 1089 of the Water Law defines thermal
pollution as ‘'water which is used by an industry for cooling in a circuit and which is
not discharged into any cooling system”. 1090 In other words, this type of pollution
occurs when an industry collects water from a source, uses it for cooling purposes
and then returns the heated water to its source. Although cooling water is usually not
chemically contaminated, warm water can be thermal pollution if it is dumped directly
into a stream or lake.
In Cameroon, a typical example is the Aluminium Smelting Company
(ALUCAM) which is located in the river Sanaga at Edea. The Company uses the
water of this river for cooling. The thermal plume of heated water discharged into
rivers and lakes disrupts many processes in natural ecosystems, drive out sensitive
organisms and create problems for the inhabitants of the area. It is because of this
that laws have been enacted in Europe and America to forbid thermal pollution. 1091
For example, in 1972 the USA enacted the Federal Water Pollution Act which
mandated changes on how industries should treat used water. The Act further
provides that industries should henceforth not be allowed to use water and return it
to its source in poor conditions.
The Environmental Code of Cameroon is silent on thermal pollution. The
implementation decree of the Water Law only defines it without stating how it should
1088
Nasango, S.N and Gabsa, W.N (2009) “Environmental Policy and the Politics of Ecologism in Cameroon
and Kenya”- cite Journal at p. 50
1089
Decree No. 2001/165/PM of 8th May 2001 laying down the methods to protect Surface and Underground
Water against Pollution.
1090
Author’s translation.
1091
Mc Eldowney & Sharron J. Op. cit. p. 286.

251
be treated. The Water Law on its part does not provide for it clearly either, but
reliance can be made on its rather ambiguous Section 5(2) which provides that
“Waste water discharged in the public drainage system must not jeopardise the
preservation of structures or the management of water”.
The section is confusing because it does not state clearly what “used water” is. Is it
water used to clean machine(s) in an industry or water already used for cooling? The
phrase “used water” is too broad. It is therefore left for the judge to interpret this
section in a particular context to suit a particular purpose.

4.7 The Water Pollution Regime in Cameroon

The 1998 Water Law may be divided into two distinct parts: legislation to
regulate the conduct of the water industry’s activities which is a major source of
pollution and legislation specifically concerned with pollution control.
The Ministry of Water Resources and Energy (MINMEE) is concerned mainly
with the supply of clean water to the public and the disposal of waste water. Water
for public supply is abstracted from inland waters, so preventing pollution of these
waters is clearly important. Drinkable water is managed and supplied in Cameroon
by a body called Camerounaise des Eaux (CDE) which is an autonomous body
under the supervisory authority of MINMEE.
The duty of CDE is to supply drinkable water as per Section 11(1) of the
Water Law which provides that “any person offering water in any form whatsoever for
human or public consumption either free of charge or for a fee, must ensure that the
quality of the water complies with the standards in force.” Under this law, it is a
criminal offence to supply water that is unfit for human consumption. 1092
The current pollution control framework operates in a peculiar way in that
targets, known as “water quality objectives” are set for certain stretches of water and
indicate the environmental standards or quality to which water within designated
areas is expected to conform. This is confirmed by Section 7(1) of the Water Law
which provides that, “in order to protect the quality of drinking water, a protected area
is hereby instituted around water catchments, water treatment and storage points”.
Sub-section 2 provides that “the land within the protected area shall be declared to
be of public interest”. This section has a flaw because it provides for a protected area
without stating the distance of the area. Is it 10, 20, 30 or 100 metres? The 2001
1092
Section14(v).

252
enabling decree1093 mentions a protected area in its Sections 3-7 without defining the
exact distance either. It is therefore suggested that the legislation should be revised
and a provision included which specifies the requisite distance to be respected. This
will make for clarity. In doing so the objective of the law which is to prevent pollution
of this area and also to ensure that the water supplied is of good quality for various
purposes will be achieved.
Once the water quality objectives have been set, MINMEE, which has general
responsibility for water quality in Cameroon, has the duty to ensure that the
objectives are met as far as practicable.1094 This is done by means of a “discharge
consent” as Section 4(2)1095 makes it clear. It states:
However, the Minister in charge of water resources may, following studies and
consultation with other public services concerned, authorise and regulate the
discharge of the matter referred to in Section 1 above, where the relevant public
services certify that much discharges are innocuous and non-polluting to the effluent
and receptor environment.
In general terms, no one may discharge polluting substances into water without
holding a discharge consent granted by the ministry. Again, it is no news that this
requirement goes unheeded1096. This explains why the pollution of rivers, streams,
wetlands and ponds is on the increase in most towns of Cameroon. However, the
Ministry to a lesser extent is thereby able to control the quality of a particular stretch
of water by placing limits on the number of consents issued by attaching conditions
to those consents. This is most successful when it concerns catchment areas of
drinking water. Enforcement of the regime is provided for by a series of criminal
sanctions1097 intended to prohibit discharges to controlled waters without consent.
This serves as deterrence by imposing criminal sanctions on polluters.
It may be too soon to be able to estimate the impact of the water framework
law on the operation of this regime in terms of improving water quality. Much will
depend on whether there is the political will to ensure that the requirements are
properly implemented and enforced, and how often the exceptions to achieving the
water quality objectives are applied.

1093
Decree Nº 2001/163/PM. du Mai 2001Réglementant les Perimeters de Protection autous des Points de
Captage, de Traitement et des Stockage des Eaux Potalisables
1094
Section 12 of the 1998 Water Law of Cameroon
1095
Of the 1998 Water Law
1096
An example is the case of SOTRAMILK Company Ltd. For the facts and decision of this case see Chapter 4
page 220 of this research.
1097
See Sections 15 and 16 of the Water Law

253
 As indicated, the method by which statutory quality objectives are to be met,
and indeed by which the existing non-statutory objectives are currently being met, is
through the regulation of discharges to water. No one may discharge polluting
substances to water without a discharge consent granted by MINMEE. The Ministry
is thereby able to control the quality of a particular stretch of water by placing limits
on the number of consents issued and by attaching conditions to those consents.
Under the Water Law, it is an offence to cause or knowingly permit the
discharge of certain substances into “controlled” waters. It is also an offence to
cause or knowingly permit the entry into controlled waters of “poisonous,” noxious or
polluting matter as stated by Section 4(1) of the Water Law. The possession of
discharged consent from MINMEE, however, provides a defence to prosecution. It
should be noted here that the defence is not absolute for if it is abused, the party will
not be absolved from prosecution. The details of the various water pollution offences
are examined in the appropriate section below, after consideration has been given to
the procedure for obtaining a discharge consent. The grant, modification and
revocation of discharge consents is governed by Section 4(2) and (3) of the Water
Law. Application for consent is made to MINMEE and the later must decide whether
to grant consent unconditionally or subject to conditions, having considered any
written representations and objections. Once granted, consent attaches to the
particular discharge to which it relates, rather than to the holder of the consent. It
follows, therefore, that the new owner of premises in respect of which consent is in
force can take advantage of the consent.
The Ministry’s power to attach conditions to discharge consent is virtually
unfettered. Under the law, it may impose such conditions as it thinks fit. Conditions
may relate for example, to the places, times, temperature, volume and rate of
discharges. The power to impose conditions 1098 is, of course, subject to the normal
constraints imposed by administrative law. When the Ministry grants a discharge
consent, it states a period of time 1099 during which it is to be exempt from revocation
and modification.1100 However, MINMEE can revoke this consent as per Section
4(3)1101which provides that “The authorisation so granted may be altered or

1098
See Section 9(2) Decree Nº 2001/165/PM of 8th may 2001 which lays down modalities for the Protection of
Surface and Underground Water against Pollution
1099
The authorised period is five (5) years
1100
Section 10(1) of the 2001 Prime Ministerial Decree.
1101
Of the 1998 Water Law

254
withdrawn either by the holder or concerned third party at the request of a
government service or automatically as provided for in the authorisation instrument.”
When this is done the consent ceases to exist.
As mentioned earlier, one of the aims of the Water Law is to serve as a
deterrent by imposing criminal sanctions on polluters, except where they have a
defence (usually in the form of discharge consent). 1102 The 1998 Law on Water
makes it a criminal offence, under Section 14, to commit certain acts in relation to
“controlled waters.”

4.7.1 The Meaning of “Controlled Waters”

The Water Law of Cameroon does not define “controlled waters.” It only
classifies water as, surface water, ground water, spring and mineral water. 1103 The
1996 Environmental Code does not equally define it. It only defines “continental
waters” as “the hydrographic whole of surface and underground waters.” 1104 The
definition of the 1991 Water Resources Act of Great Britain may thus be helpful for
purposes. It defines it in its Section 104 as “Water which includes almost all inland
and coastal waters, as well as all territorial sea waters out to a distance of three
miles”.
The British legislation also identifies four separate categories of “controlled waters”
but in more detail than its Cameroonian counterpart because it includes territorial
waters within its ambit. These four categories of controlled waters are:
1. “Relevant Territorial Waters.” The territorial sea water is measured outwards from
a set of internationally agreed geographical baselines which link certain points on the
UK’s coastline. The UK’s territorial waters extend outwards for twelve nautical miles
from these baselines. Controlled waters, however, do not extend this far, they extend
only to a distance of three nautical miles. On the other hand, the Environmental
Code of Cameroon states that “Maritime waters” shall be “the brackish waters and all
sea waters under Cameroonian national jurisdiction. 1105” It does not limit it in miles or
kilometres as the British legislation. The section is vague. It does not state the limit of
Cameroonian “controlled waters” when it comes to reference to territorial waters.

1102
Ibid Section 4(3)
1103
Section 3
1104
See Section 3(e) of the Code
1105
Section 4(f).

255
II. “Coastal Waters”. These are estuaries and other waters landwards of the territorial
sea baseline as far as the limits of the highest tides;
III. “Inland Fresh Waters.” These are the waters of any lake, pond or reservoir and of
rivers and watercourses (including those underground) whether natural or artificial;
and
IV. “Ground waters.” These are waters which run in underground strata, including, for
example, waters which serve wells and boreholes.
The definition of controlled waters also includes water courses which have
dried up. Smith L.J held in the case of R v Dovermoss Ltd,1106 that, a watercourse did
not cease to be a water course simply because it was dry at a particular time. If,
however, the watercourse was dry at the time when the poisonous or polluting matter
was put into it, no offence could be committed under the Act unless and until water
ran again in the watercourse. Moreover, since the Act defines inland fresh waters as
“waters of any watercourse,” rather than “waters in any watercourse,” the fact that
the stream in question had deviated from its normal course did not preclude it from
being controlled waters.
Controlled waters in Cameroon like in Britain include the bed of the
watercourse. Although unlike, the law of Cameroon, the Act is explicit that this is true
even when the watercourse is temporarily dry, 1107 the bottom, channel or bed of the
watercourse is also part of the controlled water when wet. This was affirmed in
National Rivers Authority v. Biffa Waste, 1108 where a tractor driven along the
watercourse had churned up the silt and mud at the bottom, increasing the
suspended particulate matter in the water flowing downstream. The defendants were
found not to have caused pollution to enter controlled waters, because the silt and
mud (which was also found not to be polluting matter) was actually part of the
controlled waters.
Watercourses do not have to be naturally occurring to fall within the definition
of controlled waters. Thus, in Environment Agency v Brock,1109 a man-made ditch
was held to be capable of constituting a watercourse falling within the definition. The
definition of relevant watercourses in Section 104(3) as including artificial
watercourses was sufficient to resolve the matter if water flowed through the ditch

1106
[1995] ENV. LR 258.
1107
WRA 1991, S. 104 (2)
1108
[1996] ENV. LR. 227
1109
[1998] ENV. LR 607

256
into another course, even if, as here, there was very little flow of water from the ditch
into a nearby river1110.

4.7.2 The Water Pollution Offences

The Water Law of Cameroon and its enabling statute do not outline or
enumerate water offences as is the case in other countries. 1111 It only stipulates in its
Section 4(1) that,
it shall be forbidden to discharge, submerge, spray, infiltrate, strew or dump directly
or indirectly into water any solid, liquid or gaseous matter, in particular industrial,
agricultural and atomic waste likely to alter the quality of surface, underground or sea
waters within territorial limits; affect public health as well as aquatic or submarine
fauna and flora, jeopardise the development of the economy and tourism regions.
It is an offence to “cause or knowingly permit” any of the following:
1) Any poisonous, noxious or polluting matter or any solid waste matter to enter
any controlled waters,1112
2) Any matter, other than trade or sewage effluent, to enter controlled waters by
being discharged from a drain or sewer in contravention of a prohibition
imposed,1113
3) Any trade effluent or sewage effluent to be discharged:
a) Into any controlled waters; or
b) From land in Cameroon, through a pipe, into the sea outside seaward
limits of controlled waters,1114
4) Any trade effluent or sewage effluent to be discharged, in contravention of
any prohibition imposed by Section 4(1) of the Water Law, from a building or
fixed plant:
a) onto or into any land; or
b) into any waters of a lake or pond which are not inland fresh waters; 1115

1110
The paucity of Cameroonian cases on this question, accentuated by the almost absence of law reporting
system explains the rather heavy reliance on foreign judicial authorities. Although not binding on Cameroonian
Courts these decisions and their ratio decidendi are often illuminating and relevant in our analyses
1111
The 1991 British Act sets them out in its Section 85(1)
1112
Section 5(1) of the Water Law and Section 5(1) of Decree Nº 2001/165/PM of 8th May 2001 stating
modalities for the protection of surface and underground water against pollution.
1113
Ibid 5(2)
1114
Ibid
1115
Section 4(1) of the Water Law

257
 5) Any matter whatever to enter any inland freshwaters so as to tend (either
directly or in combination with other matter) to impede the proper flow of the
waters in a manner leading, or likely to lead to a substantial aggravation of:
a) Pollution due to other causes; or
b) The consequences of such pollution1116.
The Water Law makes it a specific offence to contravene the condition
of a discharge consent.

4.7.2.1 The General Offence

The first of the offences listed above (that of causing or knowingly permitting
the entry of poisonous, noxious or polluting matter) may be termed the “general
pollution offence,” and is by far the most important in practice. It is widely drafted and
prohibits the entry of polluting matter rather than simply its discharge. The offence of
permitting the entry of matter may be committed where the offender is entirely
passive, whilst permitting the discharge of matter may be seen as requiring
acquiescence in a state of affairs which has previously been created by some
positive act for instance allowing the matter to flow into the waters through a pipe.
The general offence is not exclusive of the more specific offence. In other words,
where an offence of discharging is committed, an offence of entry will invariably be
committed as well. Thus, where the circumstances of an offence are unclear, it is
common for the prosecution to charge the general offence alongside one or more of
the specific offences.

4.7.2.2 Other Offences

The offences cited in Sections 4(1) and 5(1) are only committed where there
is a prohibition in force, under both sections of the Water Law. Where no prohibition
is in force, the discharge from a drain or sewer of matter other than trade or sewage
effluent (surface water runoff, for example) into controlled waters and the discharge
of trade or sewage effluent on to or into any land or into any lake or pond other than
inland fresh waters (e.g. industrial lagoon), will not necessarily be an offence. Such
discharges, however, may give rise to the commission of an offence under Section
4(1) (the general offence) of the Water Law, if, for example, the surface water in
question carries with it poisonous, noxious or polluting matter, or if trade or sewage
1116
Ibid

258
effluent discharged on to land runs off from that land and enters controlled waters.
The offence of aggravating pollution under Section 4(1) is largely self-explanatory.

4.7.3 Meaning of “Trade or Sewage Effluent”

The Cameroon Water Law does not define effluent but the Environmental
Code provides that:
Effluent shall be any processed or unprocessed liquid and gaseous evacuation of
domestic, agricultural, or industrial origin, discharged directly or indirectly into the
1117
environment

“Trade effluent” includes any effluent from trade premises (including agricultural, fish
farming and research establishment), other than domestic sewage or surface water,
whilst “sewage effluent” includes any effluent, other than surface water, from a
sewerage works.

4.7.4 Meaning of “Poisonous, Noxious or Polluting Matter”

The offence under Section 4(1) requires “poisonous, noxious or polluting
matter” to enter controlled waters. These words are neither defined by the Water
Law nor the Environmental Code of Cameroon and have been the subject of
comparatively little judicial consideration. What is poisonous is necessarily a matter
of degree. As Paracelsus1118 has observed; “all substances are poisons. There is
none which is not a poison. The right dose differentiates a poison and a remedy.” 1119
The Water Law contains no suggestion that “poisonous matter” should be
construed merely by reference to its effect on humans. Indeed, protection of the
quality of water used for rearing livestock and for fishing is of great importance. The
law refers to the nature of the matter which enters controlled waters, and not to
whether the waters themselves are thereafter rendered poisonous. It is however,
difficult to define, “poisonous” in the abstract, and in most cases the word will only
have meaning when considered in relation to the organisms on which a substance,
ingested in a particular quantity, may have an impact. A better approach may
therefore be to regard as poisonous anything that may be harmful to any organism
with which it comes into contact, subject to a de minimise exception.1120“Noxious” is

1117
Section 4(1).
1118
He is a British scientist who died in 1541
1119
Burnett, H (1995) U.K. Environmental Law 1st Ed. Sweet & Maxwell p. 209
1120
ibid

259
arguably somewhat broader than “poisonous,” in that noxious may cover effects
which are physically unpleasant without necessarily being dangerous in any respect.
The term “polluting” has been the subject of judicial consideration, notably in
the National Rivers Authority v. Egger UK Ltd 1121case whose facts require attention
here. The bone of contention in that case concerned a visible brown stain which
extended for a distance of 100 metres into the river adjourning the defendants’
premises. There was no evidence that anything in the water had been harmed by the
discharge, and the question arose whether mere discolouration of the river
amounted to the offence of causing or knowingly permitting “polluting matter” to enter
the water. Matter which merely caused discolouration of water had been expressly
excluded from the definition of “poisonous, noxious or polluting matter” which had
appeared in the Rivers Pollution Prevention Act of 1876, and this provision had been
repeated in the Rivers (Prevention of Pollution) Act of 1951. No such exclusion,
however, appears in the Water Resources Act 1991 of Britain and equally of the
Water Law of Cameroon. The judge in the Egger case held that, in the light of this
omission, mere discolouration of water could indeed amount to “pollution” under the
Act.
The Court also dealt with the more general question of whether or not matter
was “polluting”. The Court held that this was to be decided by reference simply to the
nature of the matter itself, or by reference to whether its entry worsened the quality
of the receiving water. Whilst the judge accepted that the word “polluting” clearly has
a relationship to what is polluted, he held that it did not necessarily follow that matter
could only be “polluting matter” once it had been shown that some harm had been
caused by it. He went on to say that what the statute is concerned with is the nature
of the material which enters the water. Therefore, the question whether matter is
“polluting” should be regarded objectively in relation to a natural unpolluted river. As
Thornton posits:
One looks at the nature of the discharge and one says, ‘is that discharge capable of
causing harm to a river, in the sense of causing damage to uses to which a river might
be put; damage to animal, vegetable or other- if there is such other life which might
live in a river, or damaging that river aesthetically’?1122
If the statute is concerned only with the potential effect of a Substance which enters
controlled waters, and not with its actual effect, it follows that it is unnecessary to
1121
New Castle upon Tyme Crown Court, June 15-17, 1992 (unreported).
1122
Thornton, J. & Beckwith. S. Op.cit. p 227

260
show that actual damage has been caused to the waters for an offence under
section 4(1) of the Water Law to be consummated. It also follows that adding any
potentially polluting matter to water amounts to an offence, even where the water is
already so heavily polluted, and the added matter is in so diluted a form, that the
quality of the receiving water is in fact improved. Such a conclusion is entirely
consistent with a policy of maintaining and improving the quality of waterways, even
though it may appear anomalous in cases where only slightly contaminated water is
discharged into a heavily polluted stream such as, the River Ngoa in Douala
(Cameroon) and the River Hanges in India. 1123
The meaning of “polluting” was again considered in R v Dovermoss Ltd1124 where the
defendant argued that to establish that polluting matter had entered controlled
waters, it was necessary for the National Rivers Authority to show that harm had
resulted to animals or plant life in those waters. The Court of Appeal however
rejected this argument, basing its decision on the dictionary definition of “pollute”, viz
“to make physically impure, foul or filthy; to dirty, stain, taint, befoul.” The court held
that actual harm need not be shown. It was sufficient to establish the offence under
Section 85(1) of the Water Resource Act of 1991, if it could be shown that the matter
in question gave rise to the likelihood, or simply had the capability of, causing harm.
This is quite similar to the position in Cameroon. 1125

4.7.5 Meaning of “Causing or Knowingly Permitting”

Common to all of the offences under the British Water Resource Act of 1991
is the requirement that the offender must “cause or knowingly permit” the entry or
discharge of pollutants into water. This wording involves two separate offences: first,
that of “causing” and secondly that of “knowingly permitting.” The Water Law and
the Environmental Code of Cameroon do not provide for this. However, these
principles are applicable in Cameroon even though the above-cited statutes do not
mention them. This is so because with the exception of natural causes, pollution
would generally be caused by a physical or moral person.

4.7.5.1 “Causing” Pollution

1123
Ibid p. 229
1124
[1995] Env. LR. 258.
1125
See Section 4(1) of the Water Law

261
 Causing polluted matter to enter or to be discharged into controlled waters is
an offence of strict liability, that is, it is not necessary for the prosecution to prove
mens rea. As long as a causal link can be shown between the defendant’s activities
and the entry or discharge of the matter, the (acteus reus) liability, will follow without
the need to show that the defendant intended or was negligent as to the entry or
discharge in question. A leading judicial authority on the matter is the House of Lords
decision in Alphacell v. Woodward.1126In that case Alphacell, a paper-making
company, was prosecuted under the Rivers (Prevention of Pollution) Act of 1951 for
causing polluting matter to enter controlled waters when polluted water overflowed
from their settling tanks into a river. This occurred because, without the company’s
knowledge, leaves and debris had prevented a pump from working. Their Lordships
pointed out that the word “knowingly” applies only to the second offence of
“knowingly permitting” and held that Alphacell had caused the discharge. Lord
Wilberforce in relation to this argument stated that:
The whole complex process which might lead to this result was an operation
deliberately conducted by the appellants and I fail to see how a defect in one stage of
it, even if we must assume that this happened without their negligence, can enable
them to say that they did not cause the pollution. In my opinion, complication of this
case by the infusion of the concept of mens rea, and its, exceptions, is unnecessary
and undesirable.
Lord Salmon on his part, in the same case, expressed the view that an offence of
strict liability was justified on grounds of public policy. He said:
If no conviction could be obtained under the Act of 1951 unless the prosecution could
discharge the often impossible onus of proving that the pollution was caused
intentionally or negligently, a great deal of pollution would go unpunished and
undeterred. As a result, many rivers which are now filthy would become filthier still
and many rivers which are now clean would lose their cleanliness. The legislature no
doubt recognised that as a matter of public policy this would be most unfortunate.
From the foregoing arguments, Alphacell, were found to have caused the pollution
simply by having carried out the activity responsible for it. According to Lord Cross
and Wilberforce, the offence of “causing” is established only by active participation in
the operation or chain of operations which result in the pollution. It therefore requires
that the pollution must be the consequence (albeit unintentional or unforeseen), of a
positive act on the part of the defendant, rather than of a mere passive looking on,

1126
[1972] AC 824

262
although pollution which occurs in the latter circumstances may form the basis of a
charge of “knowingly permitting.”
The Cameroonian case of The People & MINEF v Bertrand Brink Co 1127 would be
enlightening here. The defendant, a building company called Koop-Buns Cameroon
was hired to build the Bamenda-Wum road in the Northwest Region in 2002. In the
cause of carrying out construction works, the company polluted natural waters by
dumping waste, motor oil and human defecation from the motor servicing workshop,
and fuel storage plant into a stream at Nchum-Bafut, which polluted it. The Court of
First Instance in Bamenda, found the defendants guilty of water pollution and
therefore asked them to pay a fine of 5,000,000 frs as stated by Section 82 of the
law. They were further estopped from continuing the deposition of effluent into the
stream.
In England the House of Lords recently considered the issue of “causing” in
Environment Agency (formerly National Rivers Authority) v Empress Car Co
(Albertillery) Ltd1128 . In that case Car Company maintained a diesel tank in a yard
which was drained directly into a river. The tank was surrounded by a bund to
contain spillage, but the company had overridden that protection by fixing an
extension pipe to the outlet of the tank so as to connect it to a drum standing outside
the bund. The outlet from the tank was governed by a tap which had no lock. The tap
was opened by vandals and the entire contents ran into the drum, then overflowed
into the yard and passed down the drain into the river. The company was charged
with causing polluting matter to enter controlled waters contrary to Section 85(1) of
the Water Resources Act of 1991. The House of Lords upheld the company’s
conviction for “causing” water pollution. Lord Hoffmann succinctly summarised the
position as follows:
1) Justices dealing with prosecutions for “causing” pollution under Section 85(1)
should first require the prosecution to identify what it says the defendant did to cause
the pollution. If the defendant cannot be said to have done anything at all, the
prosecution must fail: the defendant may have “knowingly permitted” pollution but
could not have caused it.
2) The prosecution need not prove that the defendant did something which was the
immediate cause of the pollution: maintaining tanks, lagoons or sewage systems full

1127
Case Nº 83/ BA/78C/03-04 (unreported).
1128
[1999] 2A.C. 22

263
of noxious liquid is doing something, even if the immediate cause of pollution was
lack of maintenance, a natural event or the act of a third party.
3) When the prosecution has identified something which the defendant did, the
justices must decide whether it caused the pollution. They should not be diverted by
questions like, “what was the cause of the pollution?” or “Did something else cause
the pollution?” because to say that something else caused the pollution (like
brambles clogging the pumps or vandalism by third parties) is not inconsistent with
the defendant having caused it as well.
The imposition of strict liability, of course, can lead to some harsh decisions.
For example in CPC UK Ltd v National Rivers Authority, 1129 a defectively installed
pipe at a factory caused leakage into a river. The pipe had been installed about nine
months before the appellants had bought the factory and a full survey at the time of
purchase had not revealed the defect. Despite this, the company was held to have
caused the pollution. The Court of Appeal stated that the only relevant question was
whether the factory was under the control of the appellants when the leakage
occurred. It was accepted, however, that the company had behaved impeccably at
all times. It was therefore given an absolute discharge by way of sentence and was
not required to pay the cost of cleaning up the river.
Although the sentiment behind this sentencing decision can be understood,
the giving of an absolute discharge in these circumstances fails to respect the
“polluter pays” principle. In subsequent cases, therefore, the courts have tended to
reject attempts by companies which plead guilty to these offences to argue that their
lack of culpability should be taken into account in sentencing. Thus in Hart v
Anglican Water Services Ltd,1130 the company pleaded guilty to causing sewage
effluent to enter the River Crouch. In a hearing on the appropriate sentence, the
company sought to make the point that, since the offence did not require a mens rea,
it should be distinguished from most other acts of a criminal nature, and that lack of
culpability, should be an important factor in determining the level of the fine. 1131 The
court in Hart v Anglican water services (supra) noted that sewage treatment works
1129
[1995] Env.L.R. 131.
1130
[2003] EWCA Crum 2243
1131
This point was also made in another case on sentencing, R v Milford Haven Port Authority [2000]All E.R
(D) 352 in which Lord Bingham C.J. responded as follows. “Parliament creates an offence of strict liability
because it regards the doing or not doing of a particular thing as itself so undesirable as to merit the imposition
of criminal punishment on any one who does or does not do that thing irrespective of that party’s knowledge,
state of mind, belief or intention. This involves a departure from the prevailing canons of the criminal law
because of the importance which is attached to achieving the result which parliament seeks to achieve.

264
carried a high risk of damage to adjoining waters, and that parliament had imposed
on water companies, with responsibility for sewage treatment, a heavy burden to do
everything possible to ensure that they do not cause pollution. 1132
It is possible for two or more individuals to be guilty of “causing” a pollution
incident. For example, in the English case of Attorney-General’s Reference (No.1of
1994)1133, the first respondent ran a business for the disposal of toxic industrial waste
under a licence granted by the second respondents, who were sewerage
undertakers. The third respondent, a local authority, performed, for a profit, the day-
to-day business of the second respondents. The first respondent deposited polluting
matter into the second respondents’ sewerage system. The matter then flowed into
controlled waters because of a failure at a pumping station run by the third
respondent. The Recorder at first instance acquitted all three respondents, directing
the jury that the offence of “causing” an entry of polluting matter could only be
committed by one person. The Court of Appeal, however, held that this had been a
misdirection and that the offence could be committed by two or more defendants, not
only in the obvious case of defendants engaged in a joint enterprise, but also where
each had performed different and separate acts which had contributed to the entry.
Lord Taylor CJ seems to have been right when he said that the facts of the case
illustrated the impracticability of confining causation to one party, since a jury faced
with concurrent causative conduct by more than one party would experience difficulty
and reluctance in choosing one culprit. 1134

4.7.5.2 The Chain of Causation

In order for an offence of “causing pollution” to be consummated, a direct
causal link must exist between the conduct of the defendant and the occurrence of
the pollution. Therefore, where the chain of causation is broken either by the
intervening act of a third party, or by an Act of God, the defendant may escape
liability. This issue was dealt with in the case of Environment Agency v. Empress Car
Co (Abertillery) Ltd (Supra) by the House of Lords. The approach in this case reflects
a change of attitude towards polluting behaviour when contrasted with the 1971 case
of Impress (Worcester) Ltd v Rees 1135 where, the court was prepared to find that the

1132
[2003] EWCA Crim. 2243 at para 15, per Scott Baker L.J.
1133
The Independent, January 31 1995
1134
For details on this see the case of Attorney-General’s Reference(No. 1 of 1994)
1135
[1971] 2 ALL ER 357

265
act of a vandal in opening the valve of an oil storage tank was an intervening cause
of so powerful a nature that the conduct of the defendants in maintaining the tank
was not a cause of the pollution at all, but merely part of the surrounding
circumstances. Similarly, in National River’s Authority v Wright Engineering Co
Ltd,1136 where a vandalised oil storage tank leaked oil into a brook, the Divisional
Court upheld the acquittal of the defendants. Although there was evidence that minor
acts of vandalism had occurred on the defendants’ premises in the past, the acts
were on a smaller scale and of a different type. In the light of the reasoning in
Empress Car however, these cases are no longer good law; whilst a defendant may
escape liability because of terrorism, he will not normally do so because of
vandalism.
Where the nature of an intervening act of a third party is clearly foreseeable, it
will not enable the defendant to escape liability. This was confirmed in the case of
National Rivers Authority v Yorkshire Water Services Ltd, 1137 where the defendants
were responsible for a sewer into which an unidentified industrial customer of theirs
had discharged solvents. The House of Lords held that there was sufficient evidence
on which a court could conclude that the defendants were prima facie guilty of
causing the pollution, although, in the event, Yorkshire Water Services were able to
escape liability by relying on a statutory defence.

4.7.5.2.1 “Knowingly Permitting” Pollution

The offence of “knowingly permitting” an entry or discharge has been subject
to less judicial consideration than has that of “causing” pollution. In essence,
however, the offence is designed to catch the offender who knows that pollution is
occurring, has the power to do something about it, and yet does nothing. This was
the situation in the Cameroonian case of SOTRAMILK Co Ltd v MINEF (Supra),
where the defendant, a milk producing company systematically discharged industrial
sewage into a small river located behind the factory. The manager of the company
knew of the effect of this discharge but continued. The plaintiff, after repeated
abortive demands to the defendant to stop the discharge, sued the defendant.
Judgement was given in favour of the plaintiff on the basis that the defendant was

1136
[1994] 4 ALL.ER.281
1137
[1995] 1ALL.ER 225

266
fully aware of the effects of his act. The defendant could have stopped but continued.
The company was therefore found guilty of “knowingly permitting” pollution.
A different view was held in the English case of Price v Cromack,1138where the
appellant was a farmer who, by the terms of a contract, had bound himself to accept
onto his land effluent from a neighbouring animal by-products company of which he
was a director. The effluent escaped through the defective wall of a lagoon
constructed on his land and flowed into a stream. Price was convicted of having
“caused” the entry of poisonous, noxious or polluting matter to enter controlled
waters. On appeal, the prosecution argued, following Alphacell’s case, that the
defendant had undertaken a positive act by entering into an arrangement whereby
effluent was received onto his land. Lord Widgery, however, did not accept that the
nature of the arrangement was sufficient to maintain a conviction for “causing”
pollution. Whilst he accepted in principle the proposition that there should be no
substantive difference between the case of a man who generates pollution on his
own land and that of one who agrees to accept pollution generated by another, his
Lordship made the point that it was not so much a question of distinguishing
between the culpability of those individuals, but of ascertaining the precise nature of
the offence committed. His Lordship could not accept that there was a “causing” of
the entry of polluting matter “merely because the land owner stands by and watches
the polluting matter cross his land into the steam, even if he had committed himself
by contract to allowing the adjoining owner so to act.” Lord Widgery implied what
Ashworth, J had stated explicitly in the same case, namely that if the defendant had
been charged instead with “knowingly permitting” the pollution, “I do not see what
answer the present appellant could conceivably have had in the circumstances of
this case”.
The decision of the Cromack case was confirmed in the case of Wychavon
DC v National Rivers Authority. 1139 The facts were that, raw sewage escaped into the
River Avon from a sewer which was operated and maintained by the district council,
as agents of a water company. The council failed to remedy the situation for some
hours, despite its being aware of the discharge. Quashing the conviction for
“causing” the discharge, the Divisional Court held that the council should have been

1138
[1975] 1 W.L.R. 988
1139
[1993] 1 W.L.R 125

267
charged instead with “knowingly permitting” because it had not done anything
positive to encourage the discharge, but had merely remained inactive.

4. 7.5.2.2 “Knowingly”
Knowledge that the matter in question was entering or being discharged into
the water is, of course, a necessary element of a charge of “knowingly permitting.”
The Cameroonian case of SIAC –Brasseries Insenbeck v MINEP1140 is authority for
the proposition that a party must know about a problem before it can be guilty of
failing to take reasonable steps to correct it. In the absence of a confession,
however, it is notoriously difficult to prove the state of a man’s mind. Therefore, if the
prosecution is able to establish all of the relevant surrounding facts, he is entitled to
ask the magistrates or judges to infer that the accused acted with knowledge of
those facts, unless there is some convincing evidence from him to the contrary. 1141 In
the SIAC case, the respondent, a brewery company constantly discharged toxic
waste into a river behind its factory. MINEP asked it to pay 5,000,000frs as damages
within 72 hours. The respondent refused on the ground that they did not know that
their waste discharged into the small river. SIAC filed a complaint against the
appellant in court and also sent a copy of the complaint to the Prime Minister. The
court then asked the appellant (MINEP) to investigate properly. MINEP, in response,
sent its controllers to the factory to investigate. After a thorough search of the factory
premises and surroundings they discovered a pipe from the factory empting into the
small river. The court basing its argument on the evidence, asked the respondent to
pay the fine which they did within one week. The court equally estopped them from
further discharging toxic wastes into the river.
Furthermore, it was held in the English case of Schulmans Incorporated Ltd v
National Rivers Authority,1142 that, a defendant could be fixed with constructive
knowledge of facts of which he ought to have been aware in circumstances where he
had deliberately turned a blind eye to the obvious, or had refrained from inquiry
because he did not wish his suspicions to be confirmed.
On the question of whether or not the prosecution must establish that the
defendant knows that the entry in question is poisonous, noxious or polluting, the

1140
Matter Nº 12/PVA/MINEP/DPEFCE/of 6 June 2006 (unreported)
1141
Per Lord Diplock in Sweet v Parsley [1970] AC. 132 at p. 164.
1142
[1993] ENV. LRDI

268
case of Ashcroft v Cambro Waste Products,1143 which concerned “knowingly
permitting” the deposit of controlled waste, suggests that this may not be necessary
and that it is sufficient for the prosecution to show only knowledge of the entry.

4.7.6 Corporate Knowledge

Where the defendant is a company, the question arises: who must know
about the pollution in order for the company to knowingly permit its presence? Does
the pollution need to be known about by a director or senior manager (i.e. a person
of such seniority that their state of mind will constitute the state of mind of the
company) or is it enough that site operatives know about the contamination?
In environmental cases involving corporate knowledge, there is a tendency for the
courts to hold that knowledge at site level is sufficient, provided that the person who
acquires the knowledge has some power to make relevant decisions. For example,
in Shanks & Mc Ewan (Teeside) Ltd v. Environment Agency, 1144 a prosecution for an
illegal deposit of waste, the court held that a company in the business of accepting
waste had corporate knowledge in respect of a specific illegal deposit when it was
accepted by a site supervisor in the absence of the site manager.

4.7.7 “Permitting”
The definition of “permitting” was considered by the House of Lords in Vehicle
Inspectorate v Nuttal.1145 It was held that its meaning depended upon the context, so
that (a) it could be confined to “allows” or “authorises,” or (b) it could carry the wider
meaning of failure to take reasonable steps to prevent the occurrence of that which
should not be permitted as was the case in SOTRAMILK Co Ltd v. MINEP (supra).
This interpretation reflects the reasoning in a much earlier English case, Berton v.
1146
Alliance Economic Investment Co Ltd, where it had been held that “permitting”
may mean either giving leave for an act which, without that leave, could not legally
be done, or to abstain from taking reasonable steps to prevent an act, where it is
within a person’s power to do so.1147 There has, however, been no case law which
decides whether the narrower or the wider meaning applies in the specific context of

1143
[1981] IWLR. 1349
1144
[1997] ENV LR 305, [1999] Q.B. 333
1145
[1999] IWLR. 629
1146
[1922] IKB 742, C.A
1147
Per Akin LJ in Berton v Alliance Economic Investment Co Ltd [1992] IKB 742 at 759

269
water pollution. Whilst the case of Bromsgrove DC v. Carthy1148 appears to support
the wider interpretation, suggesting that, in other contexts, it is possible to be
criminally liable for “permitting” by failing to take reasonable steps to prevent an
occurrence, it should be remembered that the offences in relation to water pollution
refer to the entry or discharge of pollutants. This may suggest the need for a more
positive act than failing to take reasonable steps.
However, if the extended meaning of “permitting” applies, so that it can
involve a failure to take reasonable steps to prevent pollution, it must follow that a
party will not “permit” by failing to do something that was unreasonable. What will be
reasonable will depend on the knowledge of the party and the circumstances. For
instance, in Bromsgrove DC v Carthy (supra), a landowner had asked gypsies on his
land to leave, but had stopped short of taking legal proceedings to evict them. It was
held that he could not be guilty of an offence of “permitting”, because he had done
what was reasonable in the circumstances, and it would have been unreasonable to
expect him to take further steps.
Whichever meaning is ascribed, it is clear that one cannot “permit” what one
does not control.1149 Thus, for example, if a freehold owner of land has transferred all
powers in relation to the land to another party, and operations on the land lead to
water pollution, he will not permit that pollution, because he will have given up
practical control over the land. (The position may be different, however, where he
has specifically let the land for a polluting use).
The idea that a person cannot “permit” an occurrence of pollution which he is
powerless to prevent was applied in Schulmans Incorporated Ltd v. National Rivers
Authority (Supra), where, convictions for “knowingly permitting” matter to enter
controlled waters as a result of an oil spillage, which flowed into a brook, were
overturned on appeal on the basis that there was no evidence that the appellants
could have prevented the escape of fuel oil into the brook than they did.

4.8 Breach of Consent

The Water Law of Cameroon does not provide for what will happen to
anybody who breaches the consent condition. In other words, the statute is silent on
this. The law only provides in its Section 4(3) that, the authorisation may be altered

1148
[1975] 30 P & CR. 34.
1149
Earl of Sefton v. Tophams Limited (No. 2) 1A.C. 50.

270
or withdrawn either by the holder or concerned third parties, at the request of a
government service or automatically as provided for in the authorisation instrument.
The law leaves one in a state of confusion because it says nothing about what
should be done to a person whether moral or physical, who breaches Subsection (2).
This lacuna is unhelpful in the government’s avowed objective of fighting water
pollution. It is suggested accordingly that Section 4 should be amended and a
provision inserted on how a person (either physical or moral) who breaches the law
should be punished.1150
Section 85(6) of the British Water Resources Act makes it a specific offence to
breach the conditions of a discharge consent. Two cases illustrate how the courts
have been prepared to adopt a tough approach and impose strict liability in relation
to this offence. In Taylor Woodrow Property Management Ltd v National Rivers
Authority,1151 the defendants held a discharge consent relating to the outflow from an
industrial estate of which they were no longer the occupiers. A third-party discharged
oil from the outfall pipe in breach of the conditions of the consent. The defendants
were convicted of an offence under Section 85(6) even though they themselves had
not made the discharge. Similarly, in National Rivers Authority v Alfred McAlpine
Homes (East) Ltd,1152 strict vicarious liability was imposed on the defendant company
for the acts of its employees for causing a breach of the conditions of a consent,
even though the employees in question could not be said to have been exercising
the “controlling mind” of the company. Morland J. stated that to hold otherwise
“would render important environmental legislation almost entirely nugatory.” 1153

4.9 Defences
The absence of proof of “permitting” or “knowingly permitting” or lack of proof
of the causal nexus between the defendant’s activities and the entry or discharge of
the matter as discussed above will in a general manner constitute a defence.
However, for water pollution offences in Cameroon, there is no general defence of
taking all reasonable precautions and exercising all due diligence to avoid the
commission of an offence. There are, however, a number of specific statutory

1150
As obtain in Britain as Section 85(6) of the British Water Resources Act of 1991 states.
1151
50 [1995] JEL. S5.
1152
[1995) JEL 60
1153
National Rivers Authority v Alfred Mc Alpine Homes (East) Ltd[1995] JEL 60.L

271
defences to prosecution as provided by Section 4(2) of the Water Law. 1154 The most
obvious, of course, is that the discharge in question was made in accordance with
the conditions of a consent. 1155 In addition, a discharge made in accordance with an
authorization granted by the Ministry of Water Resources and Energy, or in
accordance with a waste management licence, will be immune from prosecution, as
will discharges made in accordance with powers granted by a statute or statutory
order. The Water Law of Cameroon is ambiguous in that it does not provide for other
kinds of defences as obtains in other countries such as Britain under its Water
Resources Act of 1991 that a person will not be guilty of an offence under Section 85
in any of the following situations:
i) Where the entry or discharge is made to avoid danger to life or health provided
that:
a) Such steps as are reasonably practical in the circumstances are taken to
minimise the extent of the discharge or to mitigate its effect, and
b) Details of the discharge or entry are furnished to the Environment Agency
as soon as is reasonably practicable;
ii) Where the discharge is of trade or sewerage effluent from a vessel;
iii) Where a person permits (as opposed to causes) an entry of matter from an
abandoned mine.
iv) Where a deposit on land of solid refuse from a mine or quarry is made with the
consent of the Environment Agency, and that waste falls into inland fresh waters,
provided that all reasonable steps have been taken to prevent this;
v) Where a highway authority or other persons entitled to open a drain, causes or
permits a discharge from that drain, unless that discharge contravenes a prohibition
made under Section 86 of the Act.
This defence was applied in the case of Express Limited (Trading as Express Dairies
Distribution) v Environment Agency,1156 where a dairy company successfully raised
the defence that entry had taken place in an emergency to avoid danger to life or
health. An employee of the dairy had been driving a milk tanker along a motorway in
the course of the company’s business. As a result of a tyre blow-out, the delivery
pipe was sheared, causing several thousand litres of milk to escape from the tank.
The driver pulled onto the hard shoulder, stopping at a point where two drains fed
1154
The 1998 Water Law of Cameroon
1155
Ibid S. 4(2)
1156
[2003] EWHC 448 Admin.

272
into a brook, and allowed the milk to enter the brook. The court accepted that this
action had been taken in an emergency.
The Cameroon Water Law does not provide for other kinds of defences. So if
offences such as those mentioned in Britain occur, it will be incumbent on the
Ministry of Water Resources and Energy to determine whether Section 4(2) of the
Water Law should be applied to absolve the person who caused the offence from
liability without which the person will not go unpunished 1157. Furthermore, the section
says nothing about an emergency, that is, where somebody dumps waste into water
as an emergency solution to avoid danger to life or health. The section only states
that, “nevertheless, the Ministry in Charge of Water Resources and Energy may,
following studies and consultation with other public services concerned, authorize
and regulate the discharge of the matters referred to in Sub-section(1) above, where
relevant public services certify that such discharges are innocuous and non-polluting
to the effluent and receptor environment”. This section is not clear. It therefore
leaves the committer of an offence at the mercy of the Ministry of Water Resources
and Energy to exonerate him from liability or not. A wrong interpretation of this
section by the Ministry in charge of Water Resources and Energy might cause undue
hardship. In addition, since the section does not provide for the exoneration of a
person who dumps waste into water as an emergency solution, most people are
punished for offences which are inevitable.
Lastly, even where a case against a person who commits an offence of the
nature that obtains in Britain under its Section 85 cited in the foregoing is taken to
court in Cameroon, the fate of the person depends on the presiding judge who may
interpret section 4 (2) rightly or wrongly. 1158 If this happens then a committer of an
1157
It should be noted here that the enforcement of penal offences related to water is done first (S.22(3) of the
water law) by institutional actors which are quasi judicial institutional actors. Quasi judicial actors are public
services other than the courts system that have powers to enforce water laws. The Ministries of Water and
Energy Resources and of the Ministry Environment, Nature Protection and Sustainable Development are the two
public service departments that have quasi judicial power in the enforcement of environmental and water
offences in Cameroon. Given that they function like courts, they are referred to as quasi judicial institutional
actors. In other words quasi courts are government departments that have powers and functions relating to the
enforcement of environmental and water rights and duties which are similar to those of a judge. Furthermore
S.19 (1) of the Water Law states that “Notwithstanding the acknowledged prerogatives, of the Legal Department
and judicial police officers with general powers, the sworn officers of the service in charge of water resources
and other services concerned particularly those in charge of health and the environment, shall be responsible for
investigating, establishing, and prosecuting violations of this law and its implementation instruments”. Sub
section( 2) provides that “the officers mentioned in Subsection (1) above shall take the oath before the
competent court, at the request of the service concerned, following the procedure laid down by the decree
implementing the law.
1158
This might be due to the fact that most of the judges in Cameroon are not yet well versed with environmental
issues given that Environmental Law is of recent origin in Cameroon.

273
offence might be punished wrongly. But if the law was clear or well explicit 1159 then
there will be no miscarriage of justice. It is suggested that this section be revised and
made more explicit.

4.10 Penalties
The penalties imposed on persons (moral or physical) that pollute water are
enshrined in the Environmental Code 1160 and the Water Law of Cameroon. However,
since the Water Law is a sectorial code which regulates solely water, focus will be
made but on it.
Under the water regulation, fines and terms of imprisonment can be imposed
on defaulters normally with the aim of having the desired deterrent effect on would-
be offenders. Such penalties may take the form of civil and criminal actions for
damages and imprisonment, and sworn officials of the administration in charge of
water or of other administrations concerned especially of Health and Environment
are responsible for or charged with finding out and prosecuting such offences in the
interest of the state, the local council or private individuals relying on the Water Law
and its text of application.1161
Furthermore, the Water Law gives such officials special judicial powers in
water pollution matters. By the provisions of Section 19, such officials can record
offences, and proceed to draft the indictment.
Indeed this appears to be the most salutary provisions if efficiently implemented. By
arrogating to water pollution police powers and the right to prepare a complaint, the
legislator envisaged a speedy and prompt response to water pollution activities. In
practice, however, the situation appears different. Most of the officials lack any legal
training, and this, coupled with the fact that most prosecutors and judges are not
sensitised on environmental matters, apparently accounts for the shortage of
reported cases of actual prosecution. The rate of prosecution is also reduced
because most offenders prefer out-of-court settlement of disputes, to the elaborate
procedure provided for in Sections 23 and 24 of the Water Law.
By the provisions of Section 16(1) of the Water Law, a penalty of between
10,000,000 and 20,000,000 cfa frs, or imprisonment of between 5 to 15 years is
imposed on any person (moral or physical) who pollutes water. Subsection (2) of this
1159
As obtain in Britain.
1160
Section 82(1) (2) of the Code
1161
Section 19 of the 1998 Water Law.

274
Section further provides that in case of a recidivist, the punishment mentioned in
Subsection (1) above will be doubled. Section 17 on its part states that the penalty
provided for in this law shall be supplemented by those contained in the Penal Code
and in the Environmental Code. A keen examination of the sanction levied against a
polluter indicates that the draftsmen wanted to achieve the most desired deterrent
objective but this law is not often well enforced for reasons which will be discussed
later1162.
Besides, most judges rather tend to apply Section 82 of the Environmental
Code instead which carries a paltry penalty of 1000.000 to 5000.000 cfa frs
compared to the 10.000.000 to 20.000.000 cfa frs provided for under Section 16 of
the Water Law.1163 Such meagre fines would hardly deter big companies from
continuing to pollute water. For the deterrence objective to be achieved, the fine
would have to be reasonably heavy or significant
From the above discussion, it can be discerned that two problems plague the fight
against water pollution in Cameroon namely:
1) Most of the laws are not enforced
2) There is confusion as to which law should be applied
In the midst of this, it is suggested that the Water Law should be the
applicable law against those who pollute water and not the provisions of the
Environmental Code. Lastly, judges should make an effort to build their capacities on
environmental matters especially pollution, because it is one of the biggest challenge
mankind is facing today in the world in general and in Cameroon in particular.

4.11 Water Pollution at Common Law

Whilst the statutory regime1164 is primarily concerned with punishing the
polluter, the common law provides the principal means by which those whose private
rights have been interfered with may claim compensation.
The main causes of action for water pollution are nuisance and the rule in
Raylands v Fletcher.1165 Here, we will concentrate on some more specific and
obscure causes of action which arise from a number of miscellaneous ancient rights
attaching to the ownership of land. Infringement of these rights is nowadays

1162
See Chapter 7 of this Study.
1163
See for example the Section and law Justice Tabufor applied in the case of SOTRAMILK v MINEF(supra)
1164
The Environmental Code and the Water Law
1165
(1868) LR 3HL 330, HL.

275
generally regarded by the courts as the commission of a form of private nuisance.
These property rights include for example, the right to abstract water which flows
through or under land, and the right known as a “riparian” right to use water adjacent
to one’s land. It is a general principle of common law that a person over or under
whose land water flows is entitled to receive that water in an unpolluted state. It
should be noted here that, so far as the common law is concerned, the definition of
water pollution has traditionally depended upon how the rights of others to use the
water are affected. For example, if the temperature of water in a stream is altered so
that a person downstream is unable to use the water as before, the common law will
look upon the water as “polluted”, ( this is thermal pollution) even though it may be
free from harmful substances.

4.11.1 Riparian Rights

In Cameroon like elsewhere, a person who owns land adjoining a river or a
stream is known as the riparian owner. He normally owns the bed of the river (or
owns it to a point equidistant from his neighbour on the opposite side) but he does
not own the water itself.1166
The riparian owner has, as an incident of his ownership of the land, the right to
receive waters in their natural state. This means that not only has the riparian owner
the right to receive water free from impurities, he is also entitled to receive water in
the same quantity and of the same natural character as he has come to expect. The
nature of the latter’s right is neatly illustrated by the decision in the English case of
Young & Co v Bankier Distillery Co,1167 where discharges from a mine upstream of
the plaintiffs altered the character of the water downstream from soft to hard. This in
turn caused changes to the quality of the plaintiff distillers’ whisky. They were able to
obtain an injunction to stop the defendants’ activities, even though the defendant had
not made the water impure.
As has been said, riparian rights are an incident of land ownership. In other
words, they are a form of property right. It might be thought, then, that such right
would be unqualified and absolute, and that liability for their infringement would be
strict as the case may be, for example, in relation to interference with an easement.
The courts, however, have consistently tended to see riparian rights as related to the

1166
This is an a exception to the maxim quic quid plantatur solo solo cedit
1167
[1893] AC 691

276
claimant’s reasonable enjoyment of his land, and so have treated their infringement
as analogous to the commission of nuisance. It follows from this that such rights are
not absolute, but are subject to the reasonable land-use requirement of others. Thus
it has been said that riparian owners upstream of the claimant may make “ordinary
use”1168of a watercourse in the exercise of their own riparian rights. As in an ordinary
nuisance action, the courts engage in a “balancing act” to decide what is reasonable
as between two riparian owners’ conflicting use of the water in question. That said,
the courts have to some extent recognised the essentially proprietary character of
riparian rights, in that they have been prepared to treat the interference with riparian
rights as causing damage to property, rather than a mere loss of enjoyment of that
property, thereby circumventing the doctrine of locality which so often stands in the
way of the claimant in a traditional nuisance action.
Although the courts most commonly adopt a nuisance-based approach,
liability for the infringement of riparian rights, has sometimes been held to arise in
trespass, which again reflects recognition of their proprietary nature. For example in
Jones v Llanrwst UDC,1169 the plaintiff successfully brought an action in trespass
against the defendant councils, which had deposited solid waste in a river so that it
came to rest on the river bed of which he was the riparian owner. There is no
Cameroonian case on this issue (principle) but the English cases cited above can be
used as persuasive and binding authorities because the common law is the same all
over the world.

4.12 Effects of Urban Water Pollution

Water pollution is a national problem (sometimes also of international
dimension) and may come from many sources. It is most acute in densely settled or
industrial centres.1170 Organic wastes from municipalities and industries enter rivers
and other watercourses where they are attacked, and broken down by organisms in
the water1171. In the process, oxygen in the river is used up and when oxygen is

1168
Per Lord Mac Naughten in Young & Co v Bankier Distillery Co [1893]A.C. 691 at 691 at 698
1169
[1911] Ich. 393
1170
Fogwe, Z.N (2008) “An Evaluation of the Suitability of Mountain Water Resources in the Fako Coastal
Mountainous Region”. Journal of International politics and Development Studies, vol. 4, No 1 and 2,
January/June- December p. 329.
1171
Note, however that some synthetic products of our advanced technology resist natural decomposition.
Plastics, some cans, bottles and various pesticides fall into this category. Many of these materials are toxic
posing a serious health danger. See Edward, H and Schwartz, M.B (1972) The Pollution Crises. Oceania
Publications Inc. New York, P. 7.

277
taken from the water, the river dies.1172The ramifications of urban water pollution in
most towns of Cameroon are far reaching. The effects may be summarised under
three subheadings namely: the effects on man, animals and aquatic life.

4.12.1 Effects on Man

Most serious water pollutants in terms of human health worldwide are
pathogenic organisms. Among the most important water-borne diseases are typhoid,
cholera, bacteria and amoebic dysentery, enteritis, polio, infectious hepatitis and
schistomasis. The examples that come to mind are the cholera outbreak in
Garoua1173 and Douala1174 some years ago. Malaria, yellow fever, and filariasis are
transmitted by insects that have aquatic larvae. That is why malaria parasites are so
common in most towns in Cameroon. Towns such as Douala and Yaoundé are
glaring examples because they are the towns that suffer most from water pollution in
Cameroon.1175 At least 25 million 1176 deaths each year are blamed on these water-
related diseases. Nearly two-thirds of deaths in children below 5 years are
associated with waterborne diseases.1177 According to the World Health Organisation
(WHO), as many as 4 million1178 children die every year as a result of diarrhoea
caused by waterborne infections. The main source of these pathogens is untreated
or improperly treated human wastes. Animal wastes from feedlots or fields near
waterways and food processing factories with inadequate waste treatment facilities
are also sources of disease-causing organisms. Typical examples include Douala
and Yaoundé which harbour most of the industries of Cameroon. The bacteria most
commonly found in polluted water are coli forms excreted by humans.
Nitrate levels in Cameroon have grown because of too much use of pesticides
and fertilizers to the point where more than 10 percent 1179 of the population is
exposed to high level nitrate in drinking water that are above 10mg/guideline.
Degradation of water quality by pesticides run-off has two principal human health
effects. The first is the consumption of fish that has been contaminated by

1172
See Sloan, I.J op. cit p. 20.
1173
The Herald, No. 1675 Yaoundé, Monday 1-2 August 2005 p.6.
1174
Interview a la Nouvelle Expression. No 1491 du Jeudi 2 juin 2005, p.9.
1175
Rapport sur d’Etat de la protection Civil au Cameroun (2005) Cap sur la sauvegarde de notre cadre de vie,
p. 189.
1176
Cuningham WP. and Saigo, B.W Op cit p. 449.
1177
Ibid.
1178
FAO Control of Water Pollution op. cit p. 12.
1179
Neckmen,N.S op cit.p.30.

278
pesticides. The second is the direct consumption of water contaminated by
pesticides which end up in human cancers. 1180
Thermal pollution sometimes leads to shock if it is from a hydroelectric
power station. A case in point is the Songlolulu Dam on the River Sanaga which
harbours the hydroelectric power station of Cameroon.
Lastly, the dumping of empty plastic oil and water bottles 1181 in streams lead to
sight pollution. These abound in streams in most towns in Cameroon.

4.12.2 Effects on Animals

Under this sub-heading we will discuss animals which live exclusively on land,
those that live on land and in water and other aquatic organisms. When water or
effluent which might result from industries, households, agricultural activities and
equally sedimentation is deposited or washed into lakes, rivers and streams,
damage is done to some aquatic and non-aquatic animals.
Some of these wastes contain phosphate which when added to surface water
acts as a fertilizer and promotes the growth of undesirable algae population. This
excessive growth of undesirable algae aquatic plants due to added nutrients is called
eutrophication.1182 In other words, it is the enrichment of surface waters with plant
nutrients. It is very common in lakes of the Yaoundé urban centre. This causes an
increase in production of phytoplankton, attached algae and macrophates, loss of
recreational use of water due to slime, weed infestation, noxious odour, decaying
algae, and impediments to navigation due to dense weed growth. 1183 It is because of
eutrophication that the same lakes in Yaoundé cannot be used for any of the
purposes alluded to above.
As the organic matter decays, oxygen levels decrease and fish and other
aquatic species die. Pfiesteria , a dangerous bacterium which grows in contaminated
water attacks fish and kills it, thus resulting to a serious reduction in fish quantity
where it exists. In recent years, aquatic damage due to acid precipitation has been
reported in about 200 lakes in eastern Quebec, Canada. 1184 Game fish, amphibians

1180
F A O Control of Water Pollution op cit p.13.
1181
Such as empty plastic bottles of Source Tangui ,Semme, Volcanic, Supermont and groundnut oil among
others.
1182
Raven, H.P and Bery, L.R and Johnson G.B. Op. cit. p 481.
1183
Ibid p. 482.
1184
Ibid p. 484.

279
and sensitive aquatic insects are generally the first to be killed by increased acid
levels in the water.
Further research showed that, organochlorine pesticides like DDT 1185 were
causing birds to lay eggs with unnaturally thin shells. These tended to break open
before the young birds could survive, causing dramatic population crash, from which
several species have still not recovered1186.

4.12.3 Effects on Plants

Water pollution equally has a negative effect on plants life. Acid rain is an
upshot of rain water which dissolves carbon dioxide (Co2) to form carbonic acid and
sulphur dioxide (So2) to form sulphuric acid which affects plant life. 1187 Examples in
Cameroon include plants in Mukundange, Limbola, and Batoke villages in Limbe,
South West Region.1188 The vegetation in these villages has suffered serious effects
from acid rain. If acidification is severe, aquatic life is limited to a few resistant
species of moss and fungi plants.
Increased acidity may result in leaching of toxic metals especially aluminium
from soil and rocks, making water unfit for drinking or irrigation as well 1189.Thermal
pollution destroys plants as a result of the heat contained in the water. Typical
examples are the plants growing around the ALUCAM industry in Edea ,Cameroon
which causes thermal pollution.
Lastly, eutrophication alters plants composition as obtained in the lakes
behind the Hospital Teaching Centre (CHU), the University of Yaoundé I, the central
lake and that in the Efoulan quarter all in the Yaoundé urban centre.

4.12.4 Effects on the Environment

When rivers are polluted by bottles and other waste, their channels are
narrowed. The river is therefore clogged. When it rains, floods develop because the
rivers’ channels have become very small for the increased volume of water. 1190 That

1185
Colourless Chlorinated Hydrogen used as Insecticide
1186
FAO control of Water Pollution op.cit. p. 16.
1187
Onuah, F.C (2008) “Oil Exploitation, Environmental Degradation and, Climate Change. Assessing the
Vulnerability of the Niger Delta Environment to Natural Flood Disaster”. Journal of Liberal Studies vol, 12,
Nos 182 p. 143.
1188
Neckmen, N.S op.cit. p. 50.
1189
Christy, L. (1990) “Issues in Water Law Region” F.A.O Legislative Study 67. p. 83.
1190
Obeta, M.C (2008) “Governmental Response to Flood Emergency Conditions in Nigeria. The Need for Prior
Planning”. Journal of International Politics and Development Studies. Vol.4 No 112. p. 320.

280
is why there are always floods in the central town of Yaoundé because the river
Mfoundi is often laden with dirt dumped into it by the indigenes. 1191 In major cities
when it rains, the water is channelled along streets to storm sewers. If these sewers
are overloaded or blocked with debris as often happens in
Douala,Yaounde,Bamenda and Bafoussam, the water cannot escape, thus leading
to floods .
Conclusion
It is agreed that as a country, Cameroon has fared reasonably well in
environmental control through legislation and management, particularly with regard
to water pollution. However, this effort, laudable as it may, has taken place within the
inadequate ambit of a weak and insufficiently articulated environmental policy. The
situation therefore calls for rectification. Even with the existing current legislation on
water, there are serious lacunae in the 1998 Water Law.
It has been demonstrated in this chapter that, the Water Law marks a
watershed in sociological legislation in Cameroon. Now, since the main objective of
sociological jurisprudence is the achievement of the highest and the best in all
aspects of human life through law, or the most economical cost in efforts and
resource expenditure with minimum waste, it would be rational to expect a rapid
improvement in the water services to the people. But, as far as any careful observer
can see, that is yet to be, and the reasons are not far-fetched. These include the lack
not of technically qualified managers, but of good, honest and patriotic management,
or human resources, money and materials. Managerial staff of all categories in the
water resource sector, as in the other sectors, need orientation and re-orientation
courses. In other words, they need adequate and appropriate training or dynamic
motivation.
It must be pointed out here that concerning the offences created by the
provisions of the Water Law, the penalties do not fit the crime or damage done at all.
A situation where waste (toxic and non-toxic) is discharged into water thereby
having devastating effects on aquatic life and the socio-economic life of the people
and the guilty person being liable to a fine not exceeding 5,000,000 frs says a lot
about the unserious treatment given to the issue of water pollution. This paltry sum
can definitely not deter recalcitrant offenders, bearing in mind that most of the
1191
However a solution is being sought by the Government Delegate to the Yaoundé Urban Council by trying to
clean the Mfoundi market weekly and equally enlarging the channel of the River Mfoundi.This measure will to
a great extent check floods which often damage shops and cars in Yaoundé.

281
companies involved in this crime usually have enormous resources. A polluter may
instead of preventing or processing its effluents choose to pay a fine.

282
 CHAPTER FIVE
URBAN LAND POLLUTION REGULATION

Introduction
Man’s action can in decades cause changes that would take nature thousands
of years to accomplish. There is an interdependent relation in the ecosystems which
must not be disturbed by unnecessary introduction of foreign elements most of which
are by-products of man’s activities1192
Man is ingenious, strong and innovative and has done a great deal to conquer
or subdue nature. At the same time however, he is unfortunately, not wise enough to
handle the complete problems of development that arise from his prolonged misuse of
nature. Not even his technological advancement has fared any better in this
respect.1193 This leaves mankind with unanswered questions with regard to
environmental deterioration.1194 This is the case of some towns 1195 of Cameroon where
high population density has forced mankind to undermine or subvert the ecological
basis of his future survival. Although land degradation is a natural phenomenon, man
through his reckless use of land has significantly accelerated the rate of environmental
degradation.1196
Almost all life depends on land, for people construct homes on land, food is
cultivated on land, and when people ultimately die their remains are committed to land.
Usually, life’s basic needs are expressed to be food, clothing and shelter but it is true
that there is only one essential or basic need of life that is land because food, clothing
and shelter are entirely derived from land.1197
In Cameroon, there are provisions in the law for the protection of the right to
use and enjoy land. In recent years there have been efforts to control the use of
land1198 in particular and property in general, due to the realisation of the need to

1192
Nguiffo, S (2000) “Regulation Governing Liability for Environmental Damage in Cameroon: An Analysis in
the Light of the Chad-Cameroon Oil Project”. A paper presented at the NC-IUCN Symposium at The Hague,
February 25, 2000 pp. 30-34.
1193
Ibid
1194
Horta, K (2000) “Liability for Environmental Damage and the World Bank’s Chad Cameroon Oil and Pipeline
project” published by Leeuwenberg, Amsterdam. P. 35.
1195
These towns include Yaoundé, Douala, Bamenda and Bafoussam.
1196
Blocker, P.C. and Maranowski, M.H (1971) “Survey in Quality of Refining Effluents in Western Europe” 25
petroleum Review p. 30. See also the case of Chief Otuku & Ors v Shell. Bp. suit no. BAC/ 83/(Unreported) Borin
High Court decided on 15 January, 1985, where the trial judge held that oil pollution constitutes a hazard to
organisms because it has a deleterious effect on human beings and marine life .
1197
See Ladan, M.T. (1997) “Report on the Review of Sokoto State of Nigeria’s Environmental Law and
Regulations”. All state publishing Co. Abuja pp. 14-15.
1198
Ordinance No 74/2 of 6/7/74 governing Land Tenure in Cameroon

283
protect the environment, especially land from degradation or pollution. 1199 What then is
land? Black’s law Dictionary defines land as “an immovable and indestructible three-
dimensional area consisting of a portion of the earth’s surface, the space above and
below the surface, and everything growing on or permanently affixed to it.” 1200The
three- dimensional character of land is most aptly described by the Latin maxim quic
quid plantatur,solo solo cedit. Even though both the1974 Land Tenure Ordinance and
the 1996 Environmental Code of Cameroon do not define land, the above definitions
and that of one Nigerian author 1201 will be used in this research since they are all
embracing.
Land pollution is not defined by the 1996 Environmental Code so the definition of
some authors will be relied on. Ladan defines it as:
The degradation of land through activities like dumping of harmful materials such as
chemical inputs that are dangerous to vegetation and agricultural product. But the term
also includes anything laid in land which automatically impairs its arableness, yield or
cultivability such as land mines, booby traps, atomic bombs and other similar or military
devices.1202
Thornton, on his part states that “there are two senses in which land might be
said to be polluted”. In a wider sense, land might be thought of as contaminated simply
because “it contains substances which do not naturally belong there”. In a narrower
sense, however, land might be regarded as polluted “only if it causes or threatens
environmental harm”. It is this narrower view that is adopted by the statutory regime
(Environmental Protection Act of 1990). 1203 From what has been mentioned above, it is
seen that Thornton does not really define land pollution but merely explains what it is.
Essentially, land is said to be polluted when any waste or noxious substances
or chemicals are accumulated, deposited or dumped on it in such a state or condition
as to be injurious to the health of man, animal, plant, vegetation or aesthetic quality of
the physical environment, or when any unlawful act or omission or thing is destructive
to the surface of the land or which renders the land unproductive. 1204 However, from
the two definitions given above, it is clear that land pollution occurs when unwanted
1199
Ladan, M.T. (2004) “Status of Environmental Law in Nigeria: Implementation, Teaching and Research” A
paper presented at a symposium for Environmental Law Senior Lecturers/ Professors from African Universities
organised by UNEP, Nairobi, Kenya. Between 29 September and October 2004, at Merica Hotel, Nakaru, Kenya
pp.1-30.
1200
Black’s law Dictionary,9th Edition at p.881.
1201
Olawoye,C.O states that “land consist of the surface of the earth ,subsoil and the air space above it, as well as
things that are permanently attached to the soils ,it also includes streams, seas and ponds”. (1974) Title to Land in
Nigeria.1st Ed.University of Lagos /Evans Bros,London.p.137
1202
Ladan, M.T. Op. cit p.99
1203
Thornton, J & Silas B op.cit p 137.
1204
Hesketh, H.E. (1970) “Air and Land Pollution-A Moral Issue Air Clear” The Magazine for Environmental
Administration, vol. 2, No 3 pp 19-20

284
substances are placed on it or land is dug for the purpose of mining, which inevitably
creates pits, ponds and mounds. It destroys the topsoil and subsoil and renders land
non-arable and agriculturally wasted and ruined. 1205

5.1 Historical Evolution of Land Pollution in Cameroon

The origin of land pollution in Cameroon is recent. 1206 Before the contemporary
introduction of nylon and cellophane materials, African societies (Cameroon inclusive)
used leaves for wrapping purposes. 1207 When these leaves were used and thrown
away they quickly decomposed thus causing the environment no problem. This culture
of wrapping goods in leaves is dying rather fast in the face of the preference for nylon
and cellophane materials, ostensibly because of their modernity. 1208 Yet the counter-
productive effect of the stoppage of the use of leaves as a useable material on the
environment is significant. Leaves hardly constitute as much of an environmental
nuisance as nylon and cellophane materials, the leaves’ two main rivals for utilisation
in the modern African setting.
Above all, while little refuse was generated in the pre-colonial era thus requiring
little and less sophisticated efforts at disposal, the opposite is the case in the
contemporary period.
As colonialism took root in Africa in general and Cameroon in particular, the
European colonizers took steps to evolve discriminatory policies in different spheres of
life, which were meant to actualise their preference for incongruous development
between them and other subjects.
The establishment of the Messa CAM-SIC and Bastos neighbourhood as well
planned areas to be inhabited by Europeans witnessed the introduction of good
environmental regulations and policies for the areas. In contrast, the indigenous areas
of Yaoundé were left to their traditional ways of doing things. This type of lopsided
urbanisation process continued in the colonial and the post-colonial period with the
refuse in Bastos and Messa promptly and properly disposed of while the heaps of

1205
Adaramola, F (1998) “Environmental Policy and Management” in Environmental Law and Policy. Simpson S.
& Fagbohun, O. Law centre, Faculty of Law, Lagos State University (LASU) Lagos p. 89
1206
Fogwe, Z.N (2001) “Combating Inundation in some Major Cameroonian Cities. An Appraisal of Indigenous
Strategies.” In Lambi C.M(2001)(Ed) Environmental Issues: Problems and Prospects 1st Ed Unique Printers,
Bamenda pp 133-145
1207
ibid
1208
Sama, L.P. (2001) “The Evaluation of Soils, For Increased Maize Production. The Case of Humid Cameroon.”
Cited in Lambi C.M(2001) (Ed) Readings in Geography. 1st Ed. Unique Printers, Bamenda pp 236-46

285
wastes and dumps in sub-urban settlements like Obili, Mvog Ada and Briquetterie
among others continued to be left unattended to. 1209
In spite of this, the Cameroon government had little or no serious consideration
for the environment as an issue of vital importance prior to the 1980s. For the
Cameroon government before the 1980s, like the other African governments,
environmental protection was synonymous to conservation of natural resources while
concerns for industrial pollution control and hazardous waste management were
treated as both esoteric and an attempt to slow down the pace of industrialisation. 1210
As towns continued to grow and as waste dumped on land continued to pile in
many towns such as Douala, Bafoussam and Bamenda, the Cameroonian
government could not turn a blind eye to all these anymore. As a response to the
deteriorating sanitary situation of the emergent urban metropolis then, 1211 the
government passed the Arrête of 1st October 1973 Fixing the Rules of Hygiene and
Sanitation. In 19641212 a law relating to public health protection was enacted. The
above law was repealed in 1976 by yet another one 1213 which regulated dangerous,
unhygienic and inconvenient establishment. This piece of legislation, however, did not
make adequate provision for the protection of the environment. This can be seen from
the lack of provision of control mechanisms against pollution and other industrial
nuisance and the absence of any sanction against defaulters.
In 1996 the government further enacted Law Nº 96/12 of 5 th August, 1996
relating to Environmental Management. This law is generally called a framework law
on the environment. It provides general principles for the protection of all aspects of
the environment that make the protection of the environment a central issue.

5.2 Causes of Urban Land Pollution

Across the globe, man is a product of his environment. Cameroon is not an
exception to this generally held truism. The whole essence of life is for man to be at
peace with his environment by mastering it. In a nutshell, since the essence of man’s
relationship with his environment is for him to control, tame and master the latter,
preoccupation is reflected in various manifestations of his daily life. For example, this

1209
Ibid p. 80
1210
Adegoroye, A. op.cit p. 45
1211
See Kunle, L, (1994) “Background to Urbanisation” in Urban Transaction in Africa: Aspects of Urbanisation
and Changes in Lagos (ed) Kunle L, Lagos pumakr “Population Pressure, Housing and Sanitation in
Metropolitan Lagos” 1900-1939, Chapter three in “Urban Transition in Africa Passion”
1212
Law No.64/47/23 of 13th November ,1964.
1213
Law No.76/372 of 2/9/1976.

286
is reflected in his occupational choices. But man does not use his environment
diligently as he is supposed to, that is why, there are various types of pollution.
The causes of urban land pollution are many and complex. These causes are
discussed below and they include: urbanisation, development of spontaneous
housing, indiscriminate implantation of enterprises and small businesses, mining,
individuals, agriculture, institutions in urban areas, lack of urban sanitation, incorrect
elimination of solid waste, incorrect evacuation of liquid waste, industrial land pollution.
Most of these causes have already been discussed under water pollution so they will
not be discussed here again.

5.2.1 Development of Spontaneous Housing

Housing has been one of man’s needs and in towns, one of his main problems,
creating a great deal of incidental social distress. 1214 The limitation in meeting with
such needs lead to the construction of makeshift accommodation which place the city
under stress because temporary stalls and sheds for goods are erected along
pavements.
Before the urban renewal campaign was launched in Cameroon in 1999 1215,
there was complete anarchy in the growth of houses in big towns which necessitated
an immediate intervention from the public sector. Many factors account for this,
namely, rapid population growth in urban centres, inadequate registered land, 1216 non-
respect of legal conditions of occupation of land, 1217 non-respect of town planning
regulations1218 and the almost lack of application of sanctions against defaulters. 1219
This anarchy marred the urban aesthetics, health and morphology. Urban sprawl gave
a false impression of the inability of the municipal authorities to offer a healthy and
well-structured environment for its inhabitants because it is its duty to do so and also it
is its duty to issue building permits after serious consideration to avoid environmental
problems. As Section 41 of the Environmental Law states:
Building permits shall be issued duly taking into account the presence of classified
establishments and their impacts on the environment, and may not be issued or may be
subject to special prescriptions jointly prepared by the administration in charge of the

1214
Ezeani, E.O.& Elekwa, N.N (2001) Issues in Urbanisation and Urban Administration in Nigeria 1st Ed Jamoe
Enterprise Enugu, p.187.
1215
Guiffo, J.P. op.cit. p. 203.
1216
Decree No. 6/165 of 27 April 1976 fixing the conditions for the obtaining of a land Certificate as modified by
Decree No. 2005/481 of 16 December 2005.
1217
Section 39 of the 2004 law regulating Town Planning in Cameroon.
1218
Ibid Section 107
1219
Ibid Section 125

287
 environment and housing, where the intended buildings are likely to have negative
consequences on the environment.
Despite the clear wordings of this provision, it is often not implemented. Generally, the
concerned population living in this makeshift houses fall within the poverty bracket. In
other cases, the expropriation of land belonging to the population without adequate
compensation contributes to spontaneous housing in urban towns.
The coastal city of Douala exerts a great influence on its surrounding population
with an estimated 2 million inhabitants. 1220 The metropolis witnessed an annual growth
rate of 5.6 percent between 1986 and 1990. 1221 The economic depression that lasted
for some 10 years in Cameroon generated an influx of job seekers into the cities of
Douala and Yaoundé. Housing needs superseded the yearly supply of 1,500
homes.1222 This situation unfortunately, led to temporary and makeshift structures to be
constructed along pedestrian walks of major street junctions in these towns. For
example, the Deido and Bonaberi roundabouts in Douala and Mvog Ada and
Briqueterie roundabouts in Yaoundé1223.
In Bonaberi-Douala, a study revealed that retail service businesses and
makeshift residences comprised respectively between 2.5 percent and 15 percent of
structures counted in 2000.1224 The growth of these makeshift structures (especially for
business) is recent, being less than 10 years ago. Most of its occupants have been
displaced from other parts of the town especially road junctions that had become over-
crowded. Their growth has almost doubled, moving from 30 percent in 2005 to 50
percent in 2011 compared to the falling proportion of residential houses. 1225 Another
good example is the new town quarter around the Douala Airport which is developing
because of the restructuring of the Nylon neighbourhood. Most of the residents of
these makeshift houses litter the surroundings with dirt because of the congestion of
houses. This makes it very difficult to clean or collect the dirt. HYSACAM operating in
these towns finds it difficult to go into some of the narrow streets in these quarters to
collect garbage.
Most of the inhabitants because of indiscriminate dumping of wastes inevitably
cause land pollution. It is common to see waste everywhere in some of these

1220
Lambi M.C. op cit p. 280
1221
Elong, M.P. (2011) "La Problématique de l’Accueil des Populations dans les Métropolies d’Afrique, Le Cas de
Douala au Cameroun, » Paris, Aurie, p. 23
1222
Ibid. p 24
1223
Ibid
1224
Ibid p. 283
1225
Ibid

288
neighbourhoods dominated by makeshift houses often known as shanty towns or
“elobi” 1226 quarters.

5.2.2 Mining
Mining here includes ordinary mining of minerals and quarries. The discovery of
minerals (oil, coal, bauxite, etc.) in an area means the minerals will someday be
exploited. This will normally lead to the destruction of the vegetal life of the area to
enable the company to set up its equipment and embark on harvesting the mineral
resources.1227 It is worth mentioning here that before an individual or corporate body is
allowed to carry out mining operations, they must obtain a permit which shall be
granted by a decree of the President of the Republic on the recommendation of the
Minister in charge of Mines.1228 This Section of the Mining Code is supported by
Section 38(1) of the Environmental Code. It provides as follows:
The allotment and management of land for agricultural, industrial, urban or other uses,
as well as prospecting, research or exploitation of sub soil resources likely to endanger
the environment, shall be subject to the prior authorisation of each Administration
concerned and after the obligatory opinion of the administration in charge of the
environment.
But it must be mentioned here that if a mineral resource is discovered in a region, the
Ministry of Mines and Industrial Development must carry out an environmental impact
assessment1229 before it can issue a permit for the area to be exploited.
With regards to quarries (the exploitation of stones), it is not what often obtains
because most of the small exploiters of stones secretly exploit them without obtaining
a licence and quarry permit from the Minister of Mines and Industrial Development as
stipulated by Section 54(1) of the Mining Code. This violation of the provisions of the
code can only aggravate the pollution problem 1230.
However, even where this permission is issued to a company or individual to
exploit stones or where a mining permit has been obtained, land pollution will still
occur for it cannot be avoided. 1231 If land pollution occurs, notwithstanding, the
exploiting company will be punished. Such was the situation in the matter between
1226
This means slum clearance zones. In Yaoundé such neighborhoods include Tsinga Elobi,Mvog Ada,Mvog
Betsi and Briqueterie.
1227
Compbell, B (2004) “Relating Mining in Africa. For who’s Benefit” Discussion paper 26. Nordiska
Afrikainstitutet, Uppsala. P. 20
1228
Section 45 of Law No/ of 16 April establishing the Mining Code
1229
Section 17(1) of the Environmental Code.
1230
A vivid example is seen in the Damas neighborhood in the Yaoundé urban town where a couple of individuals
exploit and split stones in to concrete for sale without the permission of the Minister of Mines and Industrial
Development
1231
Omayra, B.L (2004) “The Mineral Industries of Cameroon and Cape Verde”. World Bank Report No 20 p. 17.

289
KETCHSCEMAR v MINEF.1232 KETCHSCEMAR, a civil engineering company was
hired to build some structures and roads in the Centre Region some years ago. The
company opened a quarry in Mbankomo a nearby village, where it dug rocks for use.
In the course of doing that, it polluted the land, by dumping engine oil, hydrocarbons
and lubricants used in the process. The dust that arose combined with the oil and
settled on the land. MINEF accused KETCHSCEMAR of polluting the land in that area
because it exploited a quarry without carrying out an environmental impact
assessment as provided by Section 17(1) of the Environmental Code. The company
was equally accused of contravening Section 78 of the Environmental Code and was
therefore asked to pay a fine to MINEF.
The question that warrants an answer is that: is it possible to mine a mineral
without destroying nature? The answer is no. Then why ask the company to pay
damages when a mine is exploited. It is just like asking a person to cut a pound of
flesh without spilling a drop of blood. 1233 This question should be asked only when the
company carries out environmental impact assessment before carrying out its mining
activities. But with the matter at hand the company did not. Secondly, authorisation to
exploit mineral resources is not to be construed as authorisation to destroy the
environment. The company clearly polluted the land by spilling lubricants on it and had
failed to take appropriate steps to either prevent (that was possible) or attenuate it or
deal with it after they noticed what had happened.
However, what should be done in our humble opinion is to rehabilitate the
damaged site. But Section 75 of the Mining Code is not very clear on this. It states
that:
The holder of a mining title shall be bound to repair a damage which his works may
cause to the estate. Similarly, he shall be bound to repair all damage caused to
neighbouring lands or buildings. In such cases, he shall pay only compensation
corresponding to the value of the damage caused.
This Section reveals that the exploiter shall repair only the damaged estate not the
land where the minerals or stones have been dug. He shall only repair the damage
caused to neighbouring lands or buildings. The second flaw of this Section is that, it
stipulates that only compensation corresponding to the value of the damage caused
shall be paid. It is often difficult to assess the amount of damage caused. It can be
small or it can be high. It is therefore suggested that the best solution is to ask the
exploiter or miner to rehabilitate the exploited land and the surrounding.
Matter No. 060/MINEF/SPE/DNIE/of January 2001. (Unreported).
1232

This is the story of Shylock and Antonio in the play called The Merchant of Venice written by William
1233

Shakespeare in the 17 century.

290
 We equally submit that reliance should be made but on Section 37(1), of the
Environmental Code which provides that “holders of mining permits or quarrying
permits shall rehabilitate the exploited sites.” “Shall” in the section indicates an
obligation on the exploiter to rehabilitate the exploited area. The Section further states
in its Sub-section (2) that holders of mining permits and quarrying permits may choose
to pay the financial cost of rehabilitation carried out by the competent administration
than to carry out the rehabilitation exercise themselves. This sub-section has the same
weakness like Section 75 of the Mining Code because the amount of money to be
used to rehabilitate is also difficult to calculate. Even where it is calculated, the
conditions for paying the relevant charges shall be laid down by an enabling
instrument of the law. It is an open secret that these enabling instruments are not
always enacted in time. In view of this, it is preferable that the exploiter should
rehabilitate the exploited land instead of paying the relevant charges and costs to the
competent administration to do it. Again it suffices to note that this laudable legal
obligation is unfortunately systematically ignored in practice. That is why former
quarries and mining sites have become waste lands around the country.
Despite the popular contention that rehabilitation is extremely difficult or even
impossible, others have argued that it is quite possible, and have even gone ahead to
provide some guidelines or practical steps in achieving this. Simpson & Fagbohun are
of the opinion that it is possible. They posit that:
In order to promptly meet environmental disasters whenever they occur, bodies,
backed up with special funds to perform salvage and rehabilitative or restorative
tasks, should be set up. The funds must also be adequate to aid the relocation and
compensation of those directly and indirectly affected according to the relevant
circumstances. This means carrying out due corrective or rectificatory justice
culminating in the redistribution of national benefits and burdens in the relevant
society. Adequate provisions should therefore be made to redress the ugly situation
thereby created by refilling the pits and draining the ponds as well as levelling the
mounds thrown up by these activities. Now, good management implies the periodic
review of a given set of goals in the light of experience and in case of changed
circumstance. Thus, there is always the need to re-order priorities or change tactics
or method in course.1234
The almost lack of the enforcement of Section 37(1) of the Environmental
Code has greatly contributed to the loss of economic and forest trees, the loss of farm
land due to topsoil depletion, destruction of flora and fauna, and loss of fishing habitat.
Thus, in the course of carrying out mineral exploitation, production and refinery

1234
Simpsons, S and Fagbobun, O. op.cit p. 81

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activities, the environment experiences what can be referred to as ecological
disruption.1235 Moreover, the effects of mining activities can be environmental,
economic or social. However, mining activities are of much concern because of their
tendency to pollute the environment as defined above with deleterious effects on both
organic and inorganic matters including living organisms inhabiting the earth. 1236
When mining activities begin on land, its existing condition and use are
changed due to excavations and the operation of earth-moving machinery. The green
vegetation either disappears or gets covered in a crust of dust. The absence of trees
and other vegetation renders the soils vulnerable to erosion. 1237
Some of the worst cases of damage to the landscape of Cameroon are to be
found in parts of the Centre Region, which from an aerial view, look like a lunar
landscape with pits, gullies and ravines1238. The landscape can also be damaged by
tailing and dumping waste from excavations.1239

5.2.3 Individuals
Public toilets exist in some towns of Cameroon but access to them is paid. This
makes some “uncultured” people to defecate and urinate in street corners. Besides
polluting the environment, this makes for a very unattractive sight. Furthermore, most
individuals plying streets in towns dump their waste just anywhere. 1240 Even in some
towns where trash cans or baskets are provided by municipal authorities few people
do bother to use them. The reasons why streets in Cameroon are often littered by the
population may be summarised as follows:
People are not aware that these trash cans are kept at street corners for them
to dump refuse into. Secondly, the trash cans are few and lastly, the distance between
them is too wide. In 2002 the National Institute of Statistics disclosed that the distance
between two waste baskets is 220 metres in the Yaoundé urban centre but in Douala
it is more than half a kilometre. It is therefore unrealistic to expect a man to clutch a

1235
Campbell, B op.cit p.30
1236
Goodland, R. (2005) “Oil and Gas Pipelines-Social and Environmental Impact Assessment: State of Art” for
A1A1 Conference, 1330 ,23rd Street South, suit C, Forgo, N.D 58103 USA P. 40
1237
Atsegbua, L (2004) Oil and GasLaw in Nigeria, Theory and Practice 2nd Ed. New Era publications, Benin
Lagos P.60
1238
Omayra, B.l op.cit p.50
1239
As obtain in Nigeria. For more on this see Simpson, S and Fagbohun O, op.cit p. 93.
1240
These wastes include groundnuts, roasted and boiled corn. The stick of this eaten corn and groundnut peelings,
used handkerchiefs are thrown into streets which lead to its pollutions.

292
used handkerchief for this distance before throwing it into a dust bin 1241. People find it
easier to dump them in the street.
The Environmental Code is silent on an act of an individual who throws dirt in
the streets or on land. Reliance is therefore made on the municipal orders enacted by
the various local government authorities.1242

5.2.4 Lack of Urban Sanitation

Urban environmental pollution also stems from lack of proper sanitation owing
to incorrect elimination of solid waste and liquid waste, insufficient drainage systems
and the non-respect of hygiene rules by the population.

5.2.4.1 Poor Solid Waste Disposal Methods

Solid waste increases with increase in population. Municipal solid waste areas
within a municipality constitute breeding grounds for vectors, (flies, mosquitoes, mice,
cockroaches, etc). Garbage or other organic waste are deposited, stored, discharged
or exposed in such a way as to be a potential medium for the transmission of
diseases. Such places are found in some towns especially around the market areas.
In heavily populated areas such as Yaoundé and Douala, refuse dumps often get so
large that they reduce the road’s width. Uncleared dump sites spotted all over the
urban centres render the towns very unsightly, and constitute potential ecological and
health time bombs.
A number of reasons are responsible for the incorrect elimination of solid waste.
For instance, the almost absence of pre-collection arrangement, efficient treatment of
waste, well-managed discharge sites and the ineffectiveness of councils which have
limited financial and logistic means. 1243 Councils have the duty to clean up and collect
garbage in all areas of the country. 1244 Some councils in big towns have handed over
this duty to private companies. For example, in Yaoundé and Douala, it is HYSACAM
which has been hired by their councils to do the job. HYSACAM on its part is not
executing the job well because of lack of sufficient funds to buy many trucks, replace

1241
A dust bin is supposed to be located within a distance of about 50 meters from the other for it to be realistic to
a pedestrian.
1242
For example in Yaoundé, the Government Delegate enacted an Arrête in 2006 forbidding the throwing of
waste into rivers or public places. Section 1 of this Arrête prohibits the throwing of dirt into water or public places
no matter the hour of the day. The Order also ordains in its Section 11 that anybody who violates the instrument
will be punished. Yet most people throw dirt in streets and land and go unpunished.
1243
Dynamiques locales, No. 0001, Octobre-Decémbré 2011 p.10
1244
See Section 16 of Law No. 2004/ 018 of 22/ July 7th 2004.

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old ones and employ more staff. 1245 The trucks are not enough to daily collect wastes
in all neighbourhoods. This collection takes place every two to three days, thus giving
room for garbage to pile up in many areas. Even the garbage cans stationed in
peculiar places get full quickly and often spill over for days before the trucks pass by to
collect them. Even after the refuse on the ground is cleared, the ground remains
polluted. The best solution is to increase the number of garbage cans. This will help
prevent the garbage from spilling over. If these measures are not taken, land pollution
will continue increasing because urban population is equally increasing. The increase
in urban population leads to increase in the production of household waste which
aggravates the situation.1246

5.2.4.2 Incorrect Evacuation of Liquid Waste

With regards to the evacuation of liquid wastes the problem of infrastructure is
posed. Individual infrastructures such as latrines and septic tanks in most towns of
Cameroon are less functional because of their poor construction. The law regulating
councils1247 does not indicate the distance from which a septic tank or pit latrine should
be built from the house nor does it indicate how this septic tanks and pit latrines
should be built. This explains why individuals built their septic tanks and latrines any
how and anywhere. When these latrines and septic tanks fill up they spill over and the
liquid waste pollutes the surrounding land.1248
Latrines in big towns are built too close to houses because of lack of space.
This act is made worse because the town planning law 1249 and the law regulating
councils do not state the minimum distance from the house where a latrine should be
built. However, a partial solution is provided to an extent by the Town Planning Law in
Cameroon. Section 11(2) of this law states that:
In all cases, for any piece of land to be built on, there must be provision for the
intervention of emergency (fire-fighting units, sanitation), refuse collection and other
services

1245
A discussion with the managing Director of HYSACAM revealed this. He said the money given to his
company cannot purchase enough trucks and equally employ more staff to effectively clean up and collect garbage
in the towns where they have been hired. This interview took place on August 20th 2009.
1246
The average rate of garbage production in major urban areas such as Yaoundé and Douala ranges from 0.4 to
0.8kg per person per day, see Dechets,Pollution et les Cahier de Mutations,vol.029,p.5.The Bamenda urban town
generates between 120-160 tones of solid waste daily. For details on this see Eden News paper, Wednesday 26
September to Monday 1st October 2010
1247
Law No. 2004/018 of 22 July 2004
1248
This is common at the Biyem Assi neighborhood in the Yaoundé urban town where an area is called
“Carrefour Kaka” which in popular understanding means “excreta roundabout” because of the constant spill over
of the septic tank in that area.
1249
Law No. 2004/003 of 24 April 2004

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An understanding of this section discloses that it applies only when the owner wants to
build a house and not a toilet. That is why the solution provided by the law is only
partial in our opinion. When the latrine is full, a service in charge of draining it can
come in and do so. But where there is no access to the house then it becomes
impossible. It is noteworthy here that it is not the duty of the council to empty full
latrines.
Lastly, the lack of liquid waste discharge zones in many urban areas of
Cameroon aggravates land pollution. Most of the small companies which drain septic
tanks and pit latrines empty the liquid waste anywhere on land or streams. 1250.

5.2:5 Industrial Land Pollution

The poorly conceived urbanisation process of many third world cities has
brought with it enormous problems of pollution. This is so because the problems of
water, land, liquid and solid waste pollution have never been properly addressed
especially in the emerging metropolis. In the desire to create new jobs and to catch up
with the production of goods and services for the teaming population, the government
encouraged the mushrooming of different types of industrial establishments once
some of the basic promoters were available. 1251 This is the case of Douala, today
Cameroon’s economic capital which established commercial or trade contacts with the
outside world since the 15th century. 1252 It has since then witnessed the emergence
and growth of several socio-economic activities which have served as pull factors that
have drawn in a large dynamic hinterland population. This systematic growth of
commercial and industrial complexes has earned the city, which has 60-70% of
Cameroon’s industries1253 the politico-economic qualities of an economic capital.
These industries have brought about associated urban problems of industrial, water
and land pollution.
Urban centres are poles of concentration of economic activities in general and
industrial and artisan activities in particular. Douala and Yaoundé have because of
their economic potentials, attracted many industries more than the other towns of
Cameroon such as Bamenda and Bafoussam.
1250
For example a Company clearing liquid waste in Bamenda called Yeri Yoki was sanction in 1995 by the
Government Delegate to the Bamenda Urban Council for dumping liquid waste in river Mezam and its
surroundings. The Company was asked to henceforth treat waste before dumping it into the river. This is a
cardinal principal of all laws-waste should be treated before it is dumped either on land or in water. See 42 of the
Environmental Code of Cameroon.
1251
The President of the Republic of Cameroon has created a new ministry called Ministry for Small and Medium-
Size Enterprises to encourage small investments and create jobs.
1252
Lambi M.C. op. cit p.10
1253
Ibid p.15

295
 Industrial and artisanal pollution contributes enormously to urban environmental
degradation. In an urban environment characterised by the development of economic,
industrial and artisan activities, pollution becomes more and more intensified. The
question that comes to mind is why industrial land pollution?
Every industrial activity involves the input of raw materials through some
mechanical process and the result is the finished desired economic good and some
unwanted by-products or wastes. The wastes come in various forms as solid, liquid, or
gas and may be hazardous or radioactive. If such harmful or potentially harmful
industrial wastes are dumped in surface dumpsites or in gullies, valleys or drainage
basin, land pollution starts. As one commentator has observed 1254 “the problem of
management of waste commences when the environment has no more capacity to
transform it or store it within a given time”. 1255 He went further to note that
“industrialists since independence never integrated ‘environmental effects’ in their
activities. They do not bother about the waste they produce let alone the way of
managing it”.1256 This is why we have industrial waste land pollution in Cameroon. For
example, the industrial zone of Bassa-Douala produces all kinds of wastes. This
region contains agro-industrial, chemical, wood processing industries among others.
They do not provide necessary and adequate structures to manage these waste
products. In Bassa-Douala, used water, all liquid effluents, used cartons, plastics,
wastes of iron or glass, empty packages, paper and all other types of waste are
conferred or left to companies which are less specialised in clearing or treating of
industrial wastes or if specialised they do not have the equipment. 1257 It is because of
this that a lot of waste is simply dumped in the environment causing land pollution.

5.2.5.1 Industrial Effluent

As already alluded to above, industrial effluents result from industrial activities.
The almost non-existence of effluent treatment facilities and inadequate control of
industrial activities largely contribute to this state of affairs. The unavailability of
treatment facilities result from the lack of national technical norms relating to the
treatment of industrial rejects and industrial installations. In Douala, a company called
SECA is hired by HYSACAM to treat the waste they dump at PK 10. 1258 The exercise

1254
Joachim Ndi Odoumu is an environnementalist working with an NGO called “Le Centre pour
l’Environnement et le Développement » (CED)
1255
« Déchet, Population et Cie » les Cahiers de Mutations (2005), vol. 029, p.5.
1256
Ibid.
1257
« Le Cameroun dans les Déchets Industriels’’, les Cahiers de Mutations, (May 2005) vol. 029, p.5
1258
It is a region in Douala where all waste collected from the Douala urban town is dumped.

296
is not sufficient because in reality the act kills only mosquito larvae, cockroaches and
other disturbing insects but does not render the waste unpoisonous. However, this
initiative is laudable because HYSACAM does not even provide this half measure at
the Nkolfoulu neighbourhood where waste is dumped in Yaoundé.
It is worthy of note that very few industries in Cameroon treat their effluent
before dumping it in water or on land. The Environmental Code states that “waste
shall be treated in an ecologically-rational manner to eliminate or curb their harmful
effects on human, natural resources, the fauna and flora, and on the quality of the
environment in general”1259. It is the duty of the Ministry of the Environment, Nature
Protection and Sustainable Development to ensure that this provision is
implemented1260. In some cases, the waste is left to flow in streets causing health
hazards to the local population. In the case between SCAN EQUIP v MINE,F1261 the
defendant, a chemical industry based in Douala which produces oil, grease, paints
and dilatants was noted for dumping its wastes into nature. It was thus warned on
several occasions but it did not heed to this warning. The pollution of the soil by the
toxic wastes it produced increased. In 2002, MINEF sued them in the Court of First
Instance in Douala for refusing to stop the pollution, but the defendant out rightly
refused the allegation of polluting the soil and subsoil. The court, after serious
investigation found that they had violated Section 29 of the Environmental Code and
were thus asked to pay a fine amounting to 2,800,000 frs according to Section 82 of
the code1262.
Also in United Transport Africa (UTA) Cameroon S.A v MINEP, 1263 UTA a
transport company based in Douala, was accused of accidentally dumping latex on the
road in the village of Afan Oveny contrary to Section 29 of the Environmental Code.
UTA was asked to pay a fine of 5,000,000frs according to Section 82 of the Code.
Section 82 instead of 80 was applied 1264 in deciding this matter because the act was

1259
Section 42
1260
The reasons for their non implementation are discussed in chapter 7 of this research.
1261
Case Nº 90/TPI/DLA/March 2002 (unreported)
1262
Again it can be observed that the fine is too small to deter the defendant from repeating the same offence. This
renders the polluter pays principal almost an empty slogan because it may be considered to mean “we pollute
because we can pay”. For more on this principal see Section 9(c) of the Environmental Code.
1263
Matter Nº 07/pv/MINEP/SG/SPE/DNIE of 23rd/02/04 (unreported)
1264
Why Section 82 was applied instead of Section 80 is because Section 80 punishes an intentional act while
Section 82 does not. Since the act of the defendant was not intentional Section 82 which is less severe was applied.
Section 80 states that “any person who dumps toxic and/ or dangerous waste on Cameroonian territory shall be
liable to a fine of 50,000,000 to 500,000,000CFA frs and life imprisonment”. While Section 82 provides that “
any person having polluted, or degraded soils and sub soils ,altered the quality of air and waters in violation of the
provisions of this law shall be liable to a fine of 1,000,000 to 5,000,000frs and a prison sentence of 6 months to
1(one) year or only of these two”. Sub section (2) provides that “In the event of subsequent offences, the
maximum total amount of the sanctions shall be doubled”.

297
not intentional. Though this section was applied, it is still worrying because the penalty
imposed on the defendant is small compared to the gravity of the offence.
The elimination of industrial waste is equally a problem in Cameroon because
some industries do not respect the Environmental Code. Section 43(1), of the code
makes it clear that, any person who produces waste shall eliminate it. It states:
Any person who produces or owns waste, shall eliminate or recycle it, or has it
eliminated or recycled in plants authorised by the administration in charge of classified
establishment, after the obligatory opinion of the administration in charge of the
environment.
Environmental protection and management are not the pre-occupation of industrial
promoters and investors who tend to look only towards the economic benefit of their
activities. A clear violation of the above provision and the law’s response can be seen
in the case of MINEF v Cameroon Railway Corporation (CAMRAIL). 1265 In that case
CAMRAIL’S coaches derailed and fell at Badjob 15 km from Esseka on the 1 st of
February 2003. The hydrocarbons that came out from the coaches polluted the land
on which they stood. MINEF’s workers went to the locus in quo on the 19th of February
and inspected it. A complaint letter No. B252/SG/ of 10 July 2003 was sent to the
Prime Minister by MINEF. He responded promptly by saying that the environmental
code should be applied. MINEF then entered into an agreement with CAMRAIL that
the latter should clean the affected area. But MINEF discovered on the 5 th of October
that this agreement had not been respected. The matter was then sent to court where
CAMRAIL was found guilty of violating section 43(1) of the Environmental Code. The
Company was then asked to pay a fine of 2,500,000frs in addition to an order to clean
and rehabilitate the affected land1266.
Furthermore, this situation of industrial effluent is aggravated where the
available technologies of waste treatment are inadaptable to the Cameroonian
context. The inadaptability of these technologies to local needs arises from the lack of
quantitative and qualitative national expertise and inadequate industrial planning and
investment.
This inadequate industrial planning is as a result of the fact that the Industrial
Zones Development and Management Authority (MAGZI) 1267 is not doing the job

1265
Case Nº 20/TPI/DLA 12 April 2003.(unreported)
1266
It is however important to laud the effort of the then Ministry of the Environment and Forestry which severely
sanctioned six of the most polluting Companies in Douala on the 13th of June 2001.In 2002,on the 18th of March,
the same Ministry also sanctioned seven Companies which polluted the environment in Yaoundé. See Cameroon
Tribune, Thursday 11, April 2002, p.32.It is recommended that this action of the Ministry should continue for it
will reduce environmental pollution in Cameroon.
1267
Mission d’Amenagement et de Gestion des Zones Industrieles.

298
assigned to it. By a 1971 decree,1268 MAGZI is charged with the duty of modification
and management of industrial zones in the whole of the Republic of Cameroon. These
zones which should be well-chosen should function or operate without pollution
(nuisance) in general and the company in particular. Unfortunately this has not been
successful. For example the Bassa and Bonaberi regions earmarked for industries
have been surrounded by houses which in a way encourage pollution because the
land surrounding industrial land has been taken up by private residences, most
factories find it difficult to dispose their waste. This leads to pollution. In Yaoundé, part
of the region earmarked as an industrial zone has been taken up by private
residences1269.
Furthermore, the law that created MAGZI empowered it to manage land
earmarked for industrial purposes. Section 17 of the 2004 Law governing Councils
stipulates that, it is the council which is supposed to create a zone for industrial
activities. An interpretation of Section 17 makes us to understand that the council’s
duty is to earmark land for industrial purpose and MAGZI to manage it. But then there
is confusion between the roles of MAGZI and the council with regards to the duty to
pull down houses which have been built on land earmarked for industries. Is it the
council which is supposed to demolish them or MAGZI? Section 87 of the Law
Regulatory Councils states that it is the mayor that is supposed to issue a demolition
permit for houses which have no building permits. This applies to houses built on land
earmarked for industrial purposes. This breeds an atmosphere of confusion because
MAGZI also has the right to demolish houses built on land earmarked for industrial
purposes. These conflicting functions explain why people build houses on the land
earmarked for industrial purposes and get away with it. Thus the earlier the
government clarifies the roles of these institutions, the better. This will enable the
industries located in this area to have space to dispose their waste in an
environmentally-friendly way. Lastly, where the MAGZI law is supposed to be applied,
it should be done strictly as MAGZI is breaking down houses in zones earmarked for
industrial activities in the Bonaberi and Bassa regions in Douala. 1270

5.3 Responsibility for Urban Land Pollution

1268
Decree Nº 71-DF-95 portant création de la mission d’aménagement et de gestion de zones industrielles et ses
modificatifs subséquents, notables the decree 73-483 of 25/08/1973 and 80-474 of 15/12/1980
1269
An example is part of the Mvan neighborhood which has been occupied by private residential houses and
equally the Ndi Samba University. This problem is continuing because the councils are not regularly pulling down
or demolishing these houses built in this region may be because of lack of the will to do so or the mayor might
have been corrupted.
1270
Cameroon Tribune, Wednesday 20 October 2008 p. 25

299
 Polluted land is often the result of activities that have taken place for some time
or months or years.1271 Often, the original polluters of land may not be found. This
creates an obvious difficulty in giving effect to the “polluter pays” principle. However, in
some European countries such as, the UK, her Environmental Protection Act of 1990
makes an attempt to reconcile the implementation of this principle with the practical
need to identify a person on whom to place responsibility for polluted land. The
Environmental Code of Cameroon is silent on it. The UK law adopts a hierarchical
approach towards apportioning liability. In the first instance, liability will be placed on
“class A appropriate persons”. These are persons who have “caused or knowingly
permitted” the presence of the substances “by reason of which the polluted land in
question is such land”1272. As we shall see, interpreting these words involves some
complexity - such persons need not necessarily be those responsible for the original
entry of the substances. It is causing or, knowingly permitting the “presence” of
substances that is important.
If, after reasonable enquiry, no “class A appropriate persons” can be found, the
owners or occupiers of the land become “appropriate persons”. 1273
Owners or
occupiers are known as “class B appropriate persons.” The idea of placing liability on
an owner or occupier who is not at fault of having caused or permitted the pollution
was sharply criticised during the passing of the legislation, by the Earl of Lytton, who
said:
… making an economic scapegoat out of an individual for matters which in times gone
by were at least partly a collective responsibility is wrong as a general principle. I have
to say that I do not think it would work in practice. 1274

In some cases, it may be that nobody in either class or appropriate persons can be
made responsible for a particular pollutant linkage. This might happen for example,
where no class A persons can be found, and the linkage is causing land pollution only
(for which class B persons cannot be made responsible). 1275 In such circumstances,
the linkage will be an “orphan linkage”, and the enforcing authority itself will have to
pay if it wants the land cleaned up.

1271
Such sites include old gas works used for asbestos works, and sites formerly used for the disposal of certain
kinds of waste, in the old days before it was scientifically recognized that such waste posed an environmental
problem.
1272
EPA, Section 78 F(2)
1273
Ibid, Section 78 F(4)
1274
Hansard, H.L. (1994) Vol. 559 col. 1424
1275
. EPA, 1990, Section 78J

300
5.3.1 Liability of Class “A” Appropriate Persons: Causing or Knowingly
Permitting.
Causing or knowingly permitting has been used as a basis for establishing
liability in environmental legislation for a number of years now. It is used in a number
of environmental regimes, most notably the water pollution regime. As already
mentioned in chapter 4 of this research, the 1998 Water Law and 1996 environmental
laws of Cameroon do not define the above phrases, but the definitions provided by the
UK legislation would seemingly be equally appropriate in Cameroon because a person
or company cannot be punished for polluting land without them causing or knowingly
permitting the act.
It should be remembered, however, that with water pollution cases, the phrase
has been interpreted in the context of deciding whether a defendant has committed a
criminal offence (polluting controlled water). The polluted land regime calls for
interpretation in a slightly different context. This is because being identified as a “class
A appropriate person” does not, of itself, imply the commission of a criminal offence
(although in certain circumstances an offence may also have been committed). Under
the Environmental Protection Act of 1990 (EPA), criminal proceedings do not enter the
picture unless and until a person identified as an appropriate person fails to comply
with a formal notice requiring the land to be cleaned up (a “remediation notice”). One
implication of this is that, at the stage of identifying “class A appropriate persons”, the
relevant standard of proof is the balance of probabilities. Another may be that the
phrase will be subject to a subtly different interpretation. The UK circular on this states
that, “it is ultimately for the courts to decide the meaning of ‘caused’ and knowingly
permitted as these terms apply to the Part II A regime”. 1276
It is also what applies in Cameroon when it concerns establishing liability for land
pollution even though its Environmental Code does not provide for it. In the UK like in
Cameroon, the legislation imposes liability on those who have “caused or knowingly
permitted the substances or any of the substances, by reason of which the polluted
land in question is such land to be in, on or under the land”. 1277 The reference to
substances, rather than pollutants, means that a person does not need to know that
the substances are a source of pollution to be liable as an appropriate person. It is
sufficient that he causes or knowingly permits the substances to be there.

1276
Circular 2/2000 Annex 2, para 9.15
1277
Section 78 F(2) of the EPA 1990 of UK

301
 Whether a person caused the presence of the substance is a question of fact.
Case law establishes that “causing” in the context of water pollution is an offence of
strict liability.1278 In other words, it is sufficient that the defendant is involved in
conducting an operation that gives rise to the pollution, whether or not he intended or
was careless as to how the pollution occurred. Thus, there can be liability even where
the defendant has behaved impeccably and taken all reasonable steps to prevent the
escape of substances.1279 Provided a defendant has a sufficient degree of involvement
with an operation on land, he may be guilty of “causing”, even where the escape of
pollution arises because of a natural event, or the act of a trespasser.
Again, Circular 2/2000 of the UK, clarifies the point as follows:
In the Government’s view the test of “causing” will require that the person concerned
was involved in some active operation or series of operations to which the presence of
the pollutant is attributable. Such involvement may also take the form of a failure to act
in certain circumstances.1280
The Environmental Code of Cameroon is silent on this but it is only normal that before
an individual or company is accused of polluting land, he/it must have been involved
through some active or series of operations. The decision of the House of Lords in
Empress Car Company (Abertillary) Ltd v National Rivers Authority, 1281 a water
pollution case, contains the most recent pronouncement on causation. In essence,
“causing” is a question of common sense and depends on whether the person in
question can be said to have “done something” as was held in the Cameroonian case
of United Transport of Africa (UTA) Cameroon S.A. v MINEF (supra). It need not be
the case that the person in question did something which was an immediate cause of
the pollution. Maintaining tanks or sewage systems is “doing something”. If the
immediate cause of the pollution is the act of a third party, whether that act relieves
the person in question of responsibility depends on whether the act may be regarded
as a normal fact of life (e.g. vandalism) or something extra ordinary (e.g. terrorism)

5.3.1.1 Knowingly Permitting

The Environmental Code of Cameroon does not define or explain what
“knowingly permitting” means, so that of the circular 2/2000 of the UK will be endorsed
in its totality for analytical purposes. This Circular states in its Section 3 that:

1278
See Alphacell v Woodward ]1972] A.C. 824
1279
See for example, CPC (UK) Ltd v National Rivers Authority (1995) Env. L.R. 131
1280
Circular 2/2000 Annex 2, para 8.16
1281
[1997] 2 A.C. 27.

302
 … the test of “knowingly permitting” would require both knowledge that the
substances in question were in, or under the land and the possession of the
power to prevent such a substance being there.1282
This statement requires clarification. On the one hand, the statement might imply a
very restrictive approach. This is because it might be thought that a “power to prevent
such a substance being there” can only sensibly mean a power to physically remove
the substance (or- which amounts to the same thing, a power to treat the substance so
as to change it into something else). It is unlikely, however, that this is what is meant.
Such an approach would be inconsistent with the proposition that “clean up” need not
involve the removal or treatment of substances, but simply the removal of the
contamination problem by taking action in respect of pathways or receptors for
example, erecting a fence to stop children entering a brown field site would break the
link between the pathway (access the brown field site) and the receptor (children).
What is probably meant, therefore, is that the test is satisfied by knowledge, plus the
power to prevent the land in question being “polluted land.” Again, case law decided in
other contexts can serve only as a rough guide, but yields the following indicators of
how the phrase might be construed.

5.3.1.2 Knowingly
The relevant knowledge may include
 actual knowledge that substances are entering or are present on land, 1283 or
 constructive knowledge, that is, where the court presumes the existence of
knowledge because, in the circumstances, a reasonable person would be
expected to have such knowledge. 1284 One example of this might be where a
person suspects the presence of contamination, but deliberately refrains from
inquiry so as not to have his suspicion confirmed.1285
The knowledge may relate to:
 a current state of affairs by which contaminants are entering land;
 the entry of contaminants at a time in the past; or
 the presence of pollutants in land.

5.3.1.3 Knowingly Permitting the “Presence” of Substances

1282
Citing Earl Ferrers in Hansard, H.L. Vol 565 col 1497(July 11,1995).
1283
See SCAN Equip v MINEP (supra)
1284
See Kent CC v Beanay [1993] Env. L.R. 225.
1285
See Westminister City Council v Croyalgrange ltd [1986] I W.L.R. 674 and Taylor’s Central Garages
(Exeter ) Ltd v Roper [1951] T.L.R 284.

303
 A person does not “permit”1286 what he cannot control. Therefore, in order to permit
pollution (contamination) he must have the ability to prevent it, for example by
removing or treating the substances, blocking the pathways, or removing the
receptors. The case of SCAN Equip v MINEP (Supra) is an example. In that case the
defendant which produces, grease, paints, oil and dilutants, dumped them in nature
despite repeated warnings from the plaintiff. This polluted the soil around the area
where the company is located in Douala. The defendant was sanctioned because it
could prevent the pollution since it had control of the pollutants but allowed them to
pollute the soil.

 A person need not “agree” to the presence of contamination in order to

“permit it”. Thus, in a situation where contamination is present against a
person’s wishes, he may nevertheless “permit” its presence. 1287
 The reasonable steps to take to prevent contamination (i.e. failure to take
which will result in “permitting”) will depend upon all the circumstances of
the case.1288
An owner or occupier who enters into a contract by which he allows
contaminants to be placed in, on, or under land may “knowingly permit” 1289
but a lender who lends money to facilitate such a use of land will not “permit”
the contamination simply by reason of the loan. 1290
As said earlier, the Environmental Code of Cameroon does not explain what knowingly
permitting the presence of substances mean, so reliance will be made on the U.K.
explanation. The U.K. Circular 2/2000 states that “In the context of Part 11A, what is
“caused or knowingly permitted’ is the presence of a pollutant in, on or under the
land”1291
This requires clarification. The problem with extending liability to the presence of
substances, and not limiting it to the entry of substances to the land, is that, doing so
blurs the distinction between “knowing permitters” and owners or occupiers of land
(class B appropriate person). In the circular this statement can mean that a person
1286
See Vehicle Inspectorate v Nuttal [1999] I.E.L.R. 629.
1287
See Alphacel v Woodward [1972] A.C. 629.
1288
Vehcile Inspectorate v Nuttal [1999] IWLR. 629
1289
Price v Cromack [1975] 2 AU ER 113
1290
Circular 2/2000, citing Earl Ferrers in Hansard, H.L., Vol. 565 col 1497. (July 11, 1995) who states that
although a lender may have the power to restrict contaminative use (by requiring environmental covenants as
conditions of loan) he will normally have no permissive powers in relation to the land subject to the loan. In the
light of this reasoning, it is strange that the drafters of the statutory guidance should have felt it necessary to make
explicit provision for lenders to be excluded from class A. Liability groups.
1291
Circular 2/2000 Annex 2, Para. 98 (original emphasis)

304
might knowingly permit the presence of contaminating (polluting) substances simply by
owning or occupying land, in circumstances where he has the power to deal with the
pollution but fails to do so.
The gist of the circular seems to be that this can only happen in certain
limited circumstances, namely, those in which an owner or occupier has “the ability to
deal with the contamination”. This, however, is conceptually unsatisfactory, because
the very notions of “ownership” and “occupation” in law imply the existence of a high
degree of ability to deal with what is owned or occupied. In many situations where a
person is in occupation of polluted land, that person will be able to “deal with the
contamination”1292 in the sense that he could easily stop the land from being classified
as “contaminated” (harmful as currently used) by the sample but drastic expedient of
coming out of occupation, removing all receptors, and turning the land into a no-go
area behind suitable barricades. Can it then be said that by reason of possessing this
ability, he causes or knowingly permits the land to be contaminated? This is an
important question, because, if the answer is “yes”, he may, as a class “A” appropriate
person, have to share liability with the identifiable rogues who dumped chemicals on
his land in the middle of the night. But if the answer is “no”, they alone will be liable.
During the passage of the legislation, an amendment was put forward which
would have made it clear that persons could only be categorised as class A
appropriate persons if they had caused or knowingly permitted the original entry of
substances. In speaking against this amendment, Viscount Ullswater, for the
government, stated that, its effect would be to exempt too many categories of people
who should be held responsible. His Lordship, stated:
we believe it will be reasonable for somebody who has had active control over
contaminants on a site, for example, when redeveloping it, to become
responsible for any harm to health or the environment that may result, even if
he did not originally caused or knowingly permit the site to become
contaminated 1293.
His Lordship’s statement contains the assumption, perhaps, that, in order to be made
responsible for causing or knowingly permitting, a person must, by involvement with
some new activity in relation to land, cause or permit the land to change from a state
in which contamination is present but dormant, into a state whereby the land is
polluted (contaminated) in the statutory sense of presenting the hazard. Such an
1292
The circular, confines itself to stating that a person does not “knowingly permit” contamination simply by
reason of being notified that his land is contaminated and that the test of “ knowingly permitting” will only be
satisfied where a person has the “ability to deal with the contamination and has had a reasonable opportunity to do
so”
1293
Hans, H.L. (1995), Vol. 560 col 1461.

305
approach to interpreting the legislation would produce coherence. It would avoid
blurring the distinction between classes A and B liability, because a person who, by
undertaking new activity, causes or permits land to become “contaminated land” is in
the same conceptual position as a person who does so by allowing the entry of
substances. It is far from clear, however, that this is the approach which has been
prescribed. Hence, in the Nigerian case of Shell Petroleum Co Ltd v Councillor F.B.
Fara and 7ors,1294 the appellant company, which engages in oil prospecting,
production and exporting operations, had acquired a portion of this land at Boo-
Bonabo where their (appellants) Bomu Oil Well 11 was located. In 1970, there was an
oil blow-out from that well which lasted for several weeks before it was brought under
control. But before that, crude oil and other substances had been deposited on their
adjoining land, thereby causing extensive damage to their land. Before the incident,
the respondent used the land for farming and hunting. As a result of the blow-out, the
appellant company accepted responsibility and paid to them (the respondent)
compensation for the crops and economic trees destroyed at the time of the blow-out
but paid no compensation for the damages of their land. In addition to the
compensation paid aforesaid, the appellant “took over” the impacted land of 13.245
hectares in size and undertook to rehabilitate same and there after hand over the land
back to them.
Coming back to the legislation of the U.K arguably, much of the confusion stems
from the primary legislation’s preoccupation with liability for “substances”. One cannot
escape the feeling that the primary legislation might have been conceived without
sufficient thought to how its meaning would be extended by subsequent guidance. The
combination of the primary legislation and the guidance means that, in effect, a person
can be made responsible in law for the “presence of a substance”, even though, in
common sense terms, all he is in fact responsible for is the presence of something
else, namely pathways or receptors which make that substance a problem. This
approach makes for some rather convoluted statutory interpretation, which might have
been avoided if the primary legislation had introduced the concept of a “significant
pollutant linkage” and proceeded to create liability for causing or knowingly permitting
the presence of any one of the three elements (pollutant, pathway, and receptor) that
go to make up that linkage. As things stand, however, the U K has a statute framed in
terms of liability for substances, but guidance framed in terms of liability for linkages
which is unsatisfactory and needlessly complex.

1294
C.A./PH/9/92/N.L.R.

306
 In practice, the purpose of framing primary “knowing permitter” liability in
such wide terms appear to be to capture former owners who have no current
connection with the land, but whose past activities give rise to a responsibility for
clean-up and who have the resources necessary to pay for it. Moreover, it also allows
current owners or occupiers of the land to be “moved up” from secondary liability to
primary knowing permitter liability if they become aware of the contamination but do
nothing about it for a period of time.1295

5.3.2 Liability of Class ‘B’ “Appropriate Persons”

Current owners and occupiers of land will only be made responsible for polluting
the land if, after reasonable inquiry, no class “A” appropriate persons can be found.
Here again the lacuna in the Environmental Code of Cameroon is exhibited glaringly. It
does not provide for class “B” appropriate persons. However, reliance will be made
again on the U.K. law. The U.K. circular indicates that “found” in this context means
that a class “A” person must still exist (as opposed to merely being identified).
Therefore, owners or occupiers may be liable where the original polluter has died or, in
the case of a company, been dissolved.1296 It is clear that local authorities will need to
demonstrate that they have made reasonable enquiries to identify class A appropriate
persons before any class B liability can arise. Although ultimately a question for the
courts, this is likely to involve land registry searches, company searches, and
interviews with local residents or former employees of suspected polluting companies.
An “owner” is not defined by the 1974 Land Tenure Ordinance of Cameroon.
The definition of the British Environmental Protection Act of 1990 will be endorsed. It
defines “owner” as “a person who is entitled to receive a market rent for the land (as
opposed to a token, or ‘peppercorn rent’)”. Mortgagees not in possession are
expressly excluded from the definition. 1297 The term “occupier” is not defined, but by
analogy to relevant case law, its definition is likely to be associated with control of the
land.1298 The term does not necessary imply physical occupation 1299 or a right to
exclusive possession.1300

1295
The guidance makes it clear that service of a notice under Pt 11A is not enough to move the recipient into the
sphere of knowing permitter liability.
1296
The guidance envisages, however, that in some circumstances it may be appropriate to make the estate of a
deceased person liable, or seek annulment of an order dissolving a company.
1297
E.P.A Section 78A
1298
Wheat v E Lacon and Co Ltd (1966) A.C. 552
1299
. Harris v Birkenhead Corp [1976] I.W.L.R. 279
1300
. Hartwell v Grayson Rollo and Clover Docks Ltd [1947] K.B. 901.

307
 It should be noted that in most European countries, owners and occupiers
cannot be required to clean up polluted land which is causing only water pollution. 1301
Nor can they be made responsible for cleaning up other people’s land in cases where
contamination has escaped to their own land from other land. 1302 Thus, in either of
these circumstances, the enforcing authority will have to undertake remediation itself if
it wants the land cleaned up. On the other hand this is not completely true in
Cameroon. The former part of the statement is not true in Cameroon but the latter is
true as common sense will dictate that a person should not be expected to clean up
other people’s land in cases where contamination has escaped to their own land from
other land. But they are required to clean up contaminated land, it does not matter
whether it is causing only water pollution or not as Section 50(1) of the Environment
Code of Cameroon states. It reads:
the obligation of general maintenance which the public land dealers are
subject to shall include those to eliminate, cause to be eliminated, or
recycle waste contained in the land.

5.4 Defences
Land pollution offences in Cameroon have very limited defences whether
particular or general. It therefore means that if a person whether moral or physical
pollutes land, he or she will most likely be punished irrespective of whether the act
was inevitable. This states clearly that in the domain of environmental claim liability is
almost strict. This principle is predicated on the fact that even in the absence of
negligence, recklessness or intention, once damaged and/or injury is proved, the
wrongdoer is liable. In other words, a prima facie case does not require actual proof of
fault. Therefore, if the wrongdoer is shown to have caused the harm, fault is presumed
and rebutting defences are allowed only on limited grounds. Below are the few
defences available.

5.4 .1 Contributory Negligence

If the author of the damage proves that the bodily or material damage resulted
from the fault of the victim, liability shall be shared. Section 77(2) of the environmental
code provides for this. It states clearly that:
The reparation of the damage mentioned in (1) of this section shall be jointly
borne when the author of the damage proves that the body or material damage
is the fault of the victim. It shall be exonerated in the event of a force majeure.
1301
E.P.A 1990, Section 78J
1302
Ibid, section 78k.

308
5.4.2 Force Majeure
The offender is exonerated from liability in the event of force majeure.1303 A
circumstance beyond the defendant’s control is a defence that must be specifically
proved and examined in the light of the evidence by the court.
From the two defences discussed above it can be concluded that, where land
pollution is caused by a defendant, to absolve the latter from liability, is slightly difficult.

5.5 Penalties
The penalty imposed on a person (whether moral or physical) who pollutes land
is enshrined in the 1996 Environmental Code of Cameroon. Under this code, fines and
terms of imprisonment are levied against a defaulter. By the provision of Section 82(1)
of the code, a penalty of from 1,000,000 to 5,000,000 frs , or imprisonment of between
6 months to one year is imposed on any person who pollutes land. Sub-section (2)
further provides that, in the event of subsequent offences, the maximum total amount
of the sanctions shall be doubled.

5.6 Effects of Land Pollution

Modern technology and the ever-increasing human population has brought
about pollution to such an extent that many scientists believe that the existence of
man and other forms of life on earth is being seriously threatened. 1304
Ultimately, how the environment is managed has a direct bearing on the quality
of life of every living being. A poor, degenerated and polluted environment is bound to
do irreparable damage to human existence and could make the earth inhabitable to
man if measures are not implemented to control the effect of pollution on the
environment.1305 More specifically, with the dawn of industrialization and urbanization,
people wanted things quicker, bigger and faster. The result of this was unwanted
waste in solid, liquid and gaseous forms, which eventually gave rise to environmental
pollution problems.1306 The effect of land pollution on the environment is that once the
environment is polluted, the quality of land changes from its original state. The effects
of land pollution are many.
1303
Section 77(2) of the 1996 Environmental Code of Cameroon
1304
Nuakary, A. (1991) quoted in Cave, S. “Wrestling with the Soviet Environment” Vol. 3, No. 5, Our Planet. The
Magazine of the United Nations Environmental Programme, p.4.
1305
Ibid.
1306
Achu, L.B (1996) “American and Nigerian Environmental Law and Policies, A Comparative Overview” being
a paper presented at the Environment Workshop organised by the USIS and Clark, Atlanta University on the 2nd -
3rd December.

309
5.6.1 Effects on the Environment
Awareness of soil pollution and the need to protect land from pollution has
developed comparatively recently, compared with awareness of water and air
pollution. This is partly because the link between air and water quality and human
health was recognized earlier.1307 However, a comparable direct exposure of humans
to contaminants in soil seldom occurred. This is perhaps why it took so long before soil
protection became an issue, both in scientific research and policy-making. 1308
Pollution of land poses a special danger to the environment because it is
generally of a more permanent character than pollution of the other environment
media. Small doses of air or water pollution can sometimes be blown or washed away.
Natural forces work to dilute and disperse pollution in these media so that its effects
are diminishing. This is seldom the case with pollution of land. Although accidental
events like fires, floods and explosions can cause the migration of pollutants from
land, they rarely leave behind the land in an unpolluted state.
A significant cause of land pollution has been the deliberate practice of burying
waste in landfill sites. Landfills are not yet common in Cameroon even though
HYSACAM is practicing it slowly at Nkolfoulou in Yaoundé where it dumps urban
waste.
Polluted landfill sites present particular environmental problems because of the
danger of explosions caused by the build-up of gases from decaying matter within the
site and the likelihood of water pollution occurring when rain water drains through the
pollutants into the watercourse below.
A number of incidents in recent years have served vividly to illustrate the
consequences of using land as a general repository for waste materials. In 1986 for
example, an explosion destroyed a bungalow in Losco, Derbyshire. 1309 The three
occupants survived. An investigation found the course of the explosion to be gas from
decomposing waste in a nearby landfill site.1310
A further striking example comes from the U.S. between 1947 and 1953 nearly
22,0001311 tons of chemical waste was dumped on a site of Love Canal, in New York
1307
Ibid.
1308
Ibid.
1309
. Ibid
1310
The incident at loscoe had been preceded by events at Lekkerkerk, in the Netherlands. Between 1972 and
1975, 268 houses were built on the site of a forgotten chemical waste dump. Toxic chemicals leaked into domestic
water supply and caused illness among the residents. In 1980 it was discovered that some 1.600 drums containing
waste chemicals from the dyestuffs industry, had been deposited illegally on the site in the past. This site was
finally evacuated in 1981, when the waste was removed at a cost (in 1981) of £156.000.
1311
Tromans and Tarral-Clarke (1994) Contaminated Land, 1st Ed. Sweet & Maxwell. P. 130

310
State. The site was then sold, on condition that it should never be disturbed. However,
in the 1950s, shortly after the sale, a 16 acre development, comprising a school and
houses, was built on the site. Residents of these houses reported illnesses in 1976.
The children came back from school with holes in their shoes caused by chemical
burns. In 1978, children and expectant mothers were evacuated from the site and a
state sponsored clean-up programme was initiated which involved the evacuation of
some 900 families1312and the demolition of hundred houses. The site was finally
declared habitable in 1988 at a cost in excess of $ 250 million. 1313
In Mali the Morila Mine has destroyed the land because it is an open cast
mining. The soil has been rendered infertile because nothing grows on it. 1314 Also, in
Zambia the Kabwe Lead Mine has contaminated the land in that area by the heavy
production of lead. The land is wasteland. Nothing grows on it. Over the past decade
soil samples taken from various parts of the town point to lead concentrations far in
excess of internationally recognized safety levels. 1315 For instance, guidelines suggest
that the lead content of soil on residential areas should not be more than 400 parts per
million, but some test conducted in Kabwe in 1995 recorded lead levels of between
4,000 ppm and 21,000 ppm1316 far above normal.
In Cameroon, land pollution causes lots of problems on the environment. Plastic
bags are used in markets to parcel goods. After use, these bags are thrown carelessly
by the users. Most of these bags do not decompose. It is an unattractive site when
these bags litter the environment especially in markets areas. In the Njombe 1317 region,
the blue plastic papers used by the CDC to protect bananas from insects, birds, and
insecticide spraying by planes litter the whole region. A walk across this region reveals
that the area occupied by the C.D.C plantation and its environment is blue because of
these plastic papers. Most people in this region use them for parcelling meat, fruits,
and groundnuts without being aware that these plastic bags are toxic. 1318
Furthermore, the waste dumped on land makes the soil infertile. 1319 The region
at P.K.10 where waste cleared from the Douala urban centre is dumped is polluted.
The decomposition of these wastes releases acids that kill soil organisms and also
destroy the fertility of the soil.

1312
Ibid p. 132
1313
ibid
1314
BBC. Focus on Africa Magazine April-June 2003, vol 14. No 2. p. 34
1315
BBC. Foucs on Africa Magazine July-September 2002, vol. 13 No 3. p. 56
1316
Ibid. p. 56
1317
It is a small town located about 100km from Douala
1318
“ A chacun son bout…” Dossier « Economie et Ecologie » ECOVOX, No. 18, Avril-Juin 1999, p.3.
1319
An example is where refuse is dumped at the Nkolfoulou neighborhood in Yaoundé.

311
 Most of the quarries in Cameroon are polluted because of the excavation
exercise carried out on them. The remaining land is waste land which cannot support
any living creature. An example is the Agnon II quarry found at Mbankomo in the
Centre Region. The land in this region is unfertile and cannot support any life.
Water pollution is also a common act that results from land pollution. When
waste is dumped on land and rain falls on it the waste decomposes. The decomposed
waste is washed into the stream. Some of the decomposed waste which is in liquid
form infiltrates into underground water which pollutes it. Land pollution also leads to
floods because when waste is dumped on land and it rains on it, some of this is
washed into streams and rivers, some into gutters which block them. Run-off cannot
flow freely because the channel has been clogged; the consequence is a flood. That is
why floods are a regular occurrence in Yaoundé, Douala, Bamenda and Bafoussam.
The effect of oil deposited on land can be very severe and persistent,
sometimes lasting unaltered for decades. The consequences are usually enormous on
the ecosystem. According to one Nigerian writer:
Oil pollution has a deleterious effect on human beings and marine life. It
constitutes a hazard to organisms; as the oil producing states are mostly riverine,
oil spills contaminate their water, which is their main source of survival and
makes unfertile the land they have.1320

Furthermore, it is reported1321 that about one quarter of the available land in the Delta
area of the former Delta state of Nigeria has been rendered barren due to the spillages
and leakages. In addition, the beaches at the mouth of the big rivers have been
polluted by oil deposits from nearby off-shore platforms. 1322
Osinbajo posits that:
One of life’s most poignant paradoxes must be that man’s progressive activities
pose the most potent dangers to his ecological environment and thus his
continued existence. The vibrant centres of industrial and technological activities
providing physical and cerebral stimulation along with economic livelihood are
also the source points of hazardous effluents in all states of matter 1323

1320
See Dr. Uchegbu A (1984) “legal Framework for Oil Spill and Clean up liability and Compensation in
Nigeria” in the Petroleum Industry and the Nigerian Environmental Proceeding of 1983, International Seminar,
NNPC, Lagos . p. 33.
1321
Hazards of Oil Exploration in Bendel State, pamphlet, published by the Bendel State Government (1987)
referred to by Omorogbe Y, op. cit. p.6
1322
Ibid
1323
Omotola, E.D. (1995) “Some Public Law Considerations in Environmental Protection” in Environmental Laws
in Nigeria including Compensation. 1st Ed, Lagos NIALS . p. 128

312
 It is worthy of note here that, the prospecting and exploration for minerals such as
crude oil has produced increased environmental hazards. For instance roads are
constructed through farmland, destruction of farm produce and the land itself. 1324
Environmental pollution as a result of the prospecting for mineral deposits is an
inevitable consequence of industrialisation. 1325 We cannot take the benefits derived
from the sale of minerals without accepting the burdens which the prospecting of
minerals imposes on our society. According to Osipitan 1326
The crucial issue is not whether we should halt all commercial and industrial
activities in order to sustain the quality of the environment. The real issue, at stake
is the role which law must play in striking an equilibrium between the forces of
degradation and environmental protectionist.
We need to add here that the real issue at stake is not only the role which law
must play, but the role which the law as well as other social sciences particularly
economics have to play in striking an equilibrium between the forces of degradation
and those of environmental protectionists.

5.6.2 Effects on Man

Land pollution is one of the major causes of human disease the world over. The
environment is considered polluted when it is altered in composition or condition
directly or indirectly as a result of the activities of man so that it becomes less suitable
for some or all of the uses for which it is suitable in its natural state. Protection of
human life takes precedence over everything else in our society. The health
implications of pollution in the society are very obvious, because environmental
pollution destroys the physical, mental and social well-being of man. When land is
polluted, mosquitoes, bacterial and vectors grow on the waste. That is why there is a
high rate of malarial attack in Douala for instance. Cockroaches and flies are insects
that thrive mostly on waste. Once an environment is not clean, their reproduction also
increases. Cockroaches transmit leprosy while flies transmit a host of other illnesses.
There is a systematic effect on the human body, which occurs when a toxic
substance has been absorbed into the blood stream and distributed throughout the

1324
Omorogbe, Y. Op.cit pp 19-148. See also Ajomo, M(1994) An Examination of Federal Environmental laws in
Nigeria (ed) Lagos 
1325
: Osipitan, T. The Survey of EnvironmentalLaw in Nigeria 2nd Ed Lagos University press. p. 6
1326
Ibid

313
body.1327 The effects of land pollution on man have been summarized by Professor
Ambrose Ali in the following words:
As in the cause of mining mineral resources, vast tracks of agricultural land
have been laid waste, thus becoming unproductive, surface water and river
courses are invariably contaminated and polluted, rendering the water
undrinkable and the aquatic life is destroyed. The result is great hardship for
the inhabitants who become impoverished and deprived. These unfortunate
citizens are therefore compelled to migrate to other towns and villages in
search of decent life1328
Pollution therefore pushes people to migrate to other lands or areas which are not
polluted, a worrying act. This act is very common among the Ogoni people in the
Federal Republic of Nigeria.1329
Lastly, when land is polluted by fertilizers and pesticides it affects man because
food grown in such a region is poisonous to man if consumed. This leads to
dangerous diseases such as cancer and lung infection.
The effects of pollution of the environment and its victims are far-reaching and
completely devastating. Although it may not be possible to completely avoid pollution,
it is possible to control it.

5.6.3 Effects on Animals

Land pollution also has effects on animals. Heavy metals on land can be taken
up by grazing animals and thus enter their food chain. When they are taken up by
animals, diseases such as cancer will be the end result. This will lead to the reduction
of animal population.
As said earlier, plastic bags used to tie goods pollute the environment in
Cameroon especially in market areas. Some of them adhere to the soil, while some
are blown by the wind on to tree branches. These plastic bags are very dangerous to

1327
For example a boy was hospitalized in the Bamenda General Hospital in 2007 for contracting a strange disease
because of constant inhalation of the toxic smell emitted by the decomposing waste dumped on the land below the
Government Bilingual School. For details see The Post, No. 8012, Friday-November 10, 2007 p.22. Furthermore
the Nkapa incident that took place in Douala some years ago was as a result of land pollution which culminated in
to air pollution .See BOSANGI,le magazine trimestriel de la proprete-Juil/Aout/Sept 2006 No.007 p.22
1328
See Salu, A.O (1999) “Securing Environmental Protection in the Nigerian Industry” MPJFIL, Vol 3 No 2 p.
337
1329
Ken Saro Wiwa and nine others from the Ogoni clan in River State were hanged for writing against the
marginalization of the Ogoni people (which is an oil producing Area) by the then Abacha Military Government.
The Niger –Delta region, covered with mangrove rain forests has not known peace since then, although it remains
the largest wasteland on the African continent. This has caused many of these Ogoni people to migrate to the
neighboring lands in search of a stable environment.

314
animals when eaten by them because they do not digest. The plastic remains in the
gut of the animal and later kills it.
Land that is polluted by agricultural chemicals is very dangerous to animals
because the ground is their habitat. When this habitat is polluted it becomes
dangerous for the animals because moving on and living on the land will bring them in
contact with the polluted area which can result to death. The animals and birds that
live on the C.D.C plantation regions are the hardest hit because these regions receive
much fertilizer and pesticides that affect animal life.
Animals that live in an area where mining activities take place suffer the
problem of food supply because quarrying and mining of all sorts cause damage to the
environment on a large scale. It is a process which inevitably creates pits, ponds and
mounds. It destroys the top soil and the sub-soil, and renders land non-arable and
agriculturally-wasted and ruined.1330 Since the land has become waste land, little or
nothing grows on it. This affects its crop production. This problem is very acute among
animals that live on grass (herbivores). An example is the Argon II quarry at
Mbankomo, in the Centre Region.

5.6.4 Effects on Plants

Plants need a conducive environment. Land pollution destroys this favourable
environment. When land is polluted it destroys the humus of that soil and thus
hampers plant growth. Plants that grow on polluted land take up heavy metals that
destroy or kill them. That is why most plants that grow on polluted land die shortly after
shooting up. A case in point is the lack of vegetation on the quarry area at Namayos –
Mbankowo, in the Centre Region.
Furthermore, too much use of fertilizers and pesticides hamper plant growth.
Most farmers who use these agricultural chemicals do not know the acceptable
quantity to be applied, that is why in some regions where excessive use of these
chemicals is practiced, plant growth is also affected.
Oil spillage or the throwing of waste oil on the ground pollutes it. This affects
plant growth. This explains why most areas surrounding petrol stations and garages
do not have any vegetation. Oil spillage should be treated as a serious problem for it
pollutes land for a long time. This is the more reason why when the Chad - Cameroon
pipe line was being constructed, serious caution was taken to prevent any of the pipes

Adamarola, F (1998) “Environmental Policy and Management” in Environmental Law and Policy, Simpson, S
1330

& Fagbohun O. ( e,d), Law Centre, Faculty of Law, Lagos State University (LASU) Lagos, p. 101

315
from breaking. The Ogoni peoples’ problem in the Federal Republic of Nigeria 1331 is
attracting a lot of international attention because of the environmental impact of the oil
spill on the land and crops. The oil spill does not only affect plants and soil but also
wildlife.
During the Gulf war in the 1990s, 1332 the oil that spilled on the land polluted the
land and also the coast. This oil affected the birds that live on the coast and some
fishes. The shrubs that grew on the coast were also damaged.

Conclusion
It is seen from what has been discussed in this chapter that, the presence of laws and
regulations alone do not provide an effective cure for the scale of today’s
environmental degradation. We need to restore the dignity of our land which has been
vastly degraded by pollution.
Companies and factory owners should be advised, encouraged and forced where
necessary, to adopt production practices that minimise damage to the environment.
They should be asked to channel much profit from their business into a series of
conservation measures in order to protect the land.

1331
See Olusi, J (1981) “Human Health Hazards Associated with Petroleum Related pollution” in the proceedings
of the 1981 International seminar on the petroleum Industry and the Nigerian Environment
1332
Desk study of the Environment in Iraq sponsored and published by UNEP, in Switzerland 2003 p. 64.

316
 CHAPTER SIX
URBAN WASTE MANAGEMENT REGULATION

Introduction
The legal control of waste in the world offers a fascinating case study of
different regulating forms and mechanisms that can be used to address one of the
major by-products of industrialisation and our way of life: the need for waste
disposal. The disposal of waste is an economically important industry in its own right
and stretches across continents. Developing different strategies of waste
management and control has been one of the most daunting challenges facing
Cameroon.
Human beings generate vast amounts of unwanted stuff daily, because the
production of waste is a natural consequence of life in both human ecosystems and
industries. As human consumption increases, so does waste. Scientific discoveries
and technological advancement lead to increase in the production of waste,
especially hazardous wastes.1333 The places to dispose of our trash are becoming
more and more scarce as the contents have become increasingly unpleasant and
dangerous. Given that most developed countries do not want it in their backyards, it
often ends up in those of the poorest and least powerful countries around the world.
In this chapter we, will look at the kinds of waste produced, who produces them,
what problems their disposal cause, as well as how we might reduce our waste
production and dispose of them in more environmentally friendly ways.

6.1 What is “Waste”?

It has not been easy to give a comprehensive and popularly accepted
definition of waste because most of the problems associated with defining waste
adequately stem from the fact that it is not necessarily synonymous with actual
pollution or harm. Consequently, there are many “grey areas” which can lead to
uncertainty and confusion. These include such things as whether something which
can be re-used but which is discarded should be classified as waste (e.g. electrical
equipment which is placed into a dustbin but which functions perfectly); whether
something which is not wanted by one person (and is therefore gotten rid of) but is

Bell and Bell (1994) Environmental Law. The Law and Policy Relating to the Protection of Environment, 4th
1333

Ed. London, Black Stone Press Ltd. P.40

317
valued by another (which is evidenced by the fact that they will “buy” it) can be
waste;1334 or finally whether a residue or a by-product from an industrial process
which can be used as a replacement for a raw material should be classified as
waste. The consequences of a material or substance being determined to be waste
are important. Deciding whether a material or substance is waste is probably one of
the most complex areas of environmental law. However, this does not mean there
are no acceptable definitions of waste. We will discuss some of these definitions
The Environmental Code of Cameroon defines waste in its Section 4(c) as:
Any residue from a production, processing or utilization process, any
substance or material produced or, more generally, any moveable and
immovable goods abandoned or intended to be abandoned
The Basel Convention of 1989 defines waste by reference to its end use thus
as “substances or objects which are disposed of or are intended to be disposed of or
are required to be disposed of by the provision of national law”. 1335 Under this
definition, a substance which is not to be disposed of (perhaps to be recycled) may
not be waste.
A similar definition exists under European Community (E.C.) Law, which
originally (in 1975) defined waste as “any substance or object which the holder
disposes of or is required to dispose of pursuant to the rules of national law”. 1336This
definition caused practical problems because it allowed many substances to be
excluded if the holder treated the substances other than by disposal. In 1990 the
European Court of Justice (ECJ) broadened the definition of waste under Directive
75/442/EEC by interpreting Article 1(a) as not “excluding substances and objects
which are capable of economic re-utilisation” 1337.The following year the definition was
further amended to mean “any substance or object… which the holder ‘discards or
intends or is required to discard’ and which falls into one of the categories set out in
Annex 1 to the amended Directive”.1338

1334
Cases in point are the second hand goods from Europe and America which have proliferated almost every
where in Cameroon. They are called second hand goods in Cameroon but are rejected or waste articles from
overseas.
1335
Article 2(1). The Bamako Convention adopts a similar definition in its Article 1(1)
1336
Council Directive 75/442/EEC.
1337
Joined Cases C- 2006 and C-207/88, Vessaso & Zanetti [1990] ECR 1-1461 see also case C- 359/88, Zanetti
and others [1990] ECR-1509, holding that national legislation defining waste as excluding substances or objects
which are capable of economic reutilisation was incompatible with Directives 75/442 and 78/319
1338
Council Directive 75/442/EEC, as amended by Council Directive 91/156/EEC, OJL 78, 26 March 1991, 32,
Article 1 (a). On the meaning of discard, the ECJ has tended to make an expensive approach. See cases C-
206/88 and C-207/88 Vessasso and Zanetti [1990]

318
The Directive does not, however, apply to atmospheric emissions of gases and
certain wastes covered by other legislation. That is the weakness of this definition.
However, the Wold Health Organisation defines it as 1339 “something which the owner
no longer wants at a given place and time and which has no current or perceived
market value”.1340
Amidst these definitions, governments took the view that a single definition of waste
should be adopted throughout the European Community. The definition of waste in
the 1975 Framework Directive has therefore, been adopted. This is implemented
through the Wastes Management Licensing Regulations of 1994 which establishes a
list of categories.1341 It defines waste as:
any substance or object in these categories which the producer or the person
in possession of it discards or intends or is required to discard
This definition has its own problem. One person, having no further use for an item
may throw it away. Another person may have a use for it and retrieve it. Is it waste?
The many charity shops which fill the high streets sell clothes and other items which
have, for the most part, been discarded by their former owners. Is that waste? A
glass bottle can be re-used, as can aluminium cans and food. Are they waste? The
issue is critical for if an item is to be defined as waste, it then falls subject to the
waste regime which involves the obligation to have a licence to operate and the
statutory duty of care.
A high court judge in the case of Berridge Incinerators Ltd v. Nottinghamshire
Country Council1342 has given a well-accepted definition of wastes:
It is, of course, a truism that one man’s waste is another man’s raw material. The fact
that a price is paid by the collector of material to its originator is, no doubt, relevant;
but I do not regard it as crucial. If I have an old fireplace to dispose of to a passing
rag and bone man its character as waste is not affected by whether or not I can
persuade the latter to pay one 50 pence for it. In my judgement, the correct approach
is to regard the material from the point of view of the person who produces it. Is it
something which is produced as a product, or even as a by-product to be disposed of
as useless?
This case is related to a planning matter as does R.v Rotherman Metropolitan
Borough Council exp. Rankin. 1343 In this case, planning permission was given to
1339
Article 2(1) annex I list sixteen categories of waste
1340
Malcolm, R. op.cit. p. 200
1341
Part II of schedule 4 of the Waste Management Licensing Regulations of 1994.
1342
The case is unreported but is cited in the D.O.E Circular 13/88 on the Control of Pollution Act and Disposal
of Waste Regulations, at Para. 27.
1343
(1990) 2 JEL, 257.

319
construct a waste recycling centre. Buildings which are to be used for the treatment
of trade waste are subject to special provisions requiring the application to be
advertised to enable the public to be informed of the planning proposal. This
application was not advertised and a local resident challenged the local planning
authority’s decision on the grounds that development was for the treatment of trade
waste. The centre was to collect used solvents from its customers, purify them and
make them available for re-use. The judge held that it was wrong, under the relevant
planning provisions, not to consider this process as involving the treatment of waste.
He did not consider it essential to show that the item had no further use for it to
constitute waste. In the judgement in the Rankin decision, reference was made to
the unreported case of, Charles Neil Ashcraft v. Michael Mc Erlain Ltd 1344. This case
was concerned with the dysfunction of waste under the control of the Pollution Act
of1974, now repealed in respect of licensing matters. Again, the case involved
material which was to be re-used. Soil was taken from one field so that a road could
be constructed. It was replaced on a paddock to raise the level. The approach taken
by the court was to take, as a starting point, the ordinary everyday meaning of the
word. For this, they looked to the Oxford Advanced Learners Dictionary of Current
English which included within the definition of waste materials eliminated or thrown
aside as worthless after the completion of a process. The court decided that
excavated soil was capable of being waste although, in any particular case, it was a
question for the justice to decide. Furthermore in Kent Country Council v. Queen
Borough Rolling Mill Company Ltd 1345 the site of a former pottering company was
being cleared of materials which included ballast, China clay and pieces of China
pottery. The contractor clearing the site offered to supply the material to the owner of
a site on the edge of an estuary which was particularly prone to subsidence. The
arrangement was for the mutual convenience of the parties and no money changed
hands. If the materials fell within the definition of controlled waste then, when it was
deposited on the estuary site, a licence would have been required. The court held
that it did constitute waste. The purpose to which the substances were put was of no
relevance. The nature of the material had to be considered at the time of its removal
from the pottery site. If it was waste then, it remained waste when it was deposited,
even if at that point it fulfilled a useful function.

1344
Decided on January, 30th 1985.
1345
(1990) 2 JEL 257.

320
 This, therefore, indicates that the material is to be examined from the view
point of the person discarding it. This was also applied in the case of Long v.
Brook.1346 The effect of this was to give the broadest interpretation to the meaning of
waste. When the owner of an item no longer has a use for it, it becomes waste. The
old fridge handed to the rag and bone man is waste; the glass bottle put in the
recycling bin is waste, and so on. All the definitions of waste discussed above tally
with that of the 1975 European Directive on Waste 1347 which defines waste as
“substance or object which the holder disposes of or is required to dispose of”.
This definition has been upheld in two cases appearing before the European Court of
Justice. Vassesso and Zanetti.1348 It was held in these cases that, matter is waste
when somebody regards it as valueless and wants to get rid of it. It is arguable that
this definition would not cover the contaminated solvents in the Rankin decision
since the whole process was part of an operation which involved the collection of the
dirty solvents, their clean-up and their return. The holders of the contaminated
solvents could not be said to regard them as valueless since the whole commercial
arrangement was one operation. Waste paper and scrap cars can be sold. They
must still constitute waste because of their potential to cause harm.
Lastly, the Oxford Advanced Learners Dictionary of Current English defines it
as “that is not or cannot be used, no longer of use… Useless, thrown away because
not wanted, unwanted after a manufacturing process.” 1349
A reading through all the definitions of waste given in the foregoing indicate that
waste is anything which is no longer wanted because it has become useless or is
any substance or object, whose owner or producer intends, or is required to discard
of it because it is useless, or lacks market value. The hallmarks of waste are
uselessness and unwantedness

6.2 When Does A Material Cease To Be Waste?

The courts have for long found difficulty in deciding whether and when a
substance, having been waste, can cease to be waste. The issue here is that
material which is not waste can be recovered from waste. One might, for example,
recover from waste relatively pure metals such as chromium, which are for all

1346
[1980] Crin. L.R. 109
1347
Directive on Waste, 75/443: [1975] (O.JL 194/39) as amended by Directive 91/156: [1991] OJL. 78/32.
1348
Case 359/88, Zanetti and Others [1990] IECR 1509, Lexis Transcript.
1349
Hornby, A.S. op.cit. p. 967

321
practical purposes identical to unused material, as pointed out above. In ordinary
language, one would not describe such recovered substances as “waste.”
In the ARCO Chemie1350 case, the wood residues from construction and
demolition were sorted and ground before being burnt to generate electricity. Sorting
and grinding are recovery operations. However, the court stated that the fact that the
material was the end-product of recovery operations was only one factor to be
considered in deciding whether that material had ceased to be waste. The question
had to be answered by reference to the issue of “discarding”, having regards to the
broad aims of the Directive. Thus, even where a substance has undergone a
complete recovery operation, with the result that it has acquired the same
characteristics as a new material, that substance might nonetheless be regarded as
waste if its holder intends to discard it. Such an approach is necessary to prevent a
holder of waste from escaping regulatory control by simply processing it to transform
it into something else for which he does not have a use.
However in the midst of this confusion the High Court reaffirmed the previous
case law finding in the case of Kent Country Council v. Queen Borough Rolling Mills
Co Ltd (supra) that waste can cease to be waste where it is recovered. Waste is
“recovered” when it is a substance of sufficient beneficial use to eliminate or
sufficiently diminish the threat posed by the original production of the waste.

6.3 Why Does Waste Need Regulating?

Wastes require regulation simply because they are unwanted. A waste and a
raw material may have equivalent hazardous properties. But whilst there is an
economic incentive to use the raw material efficiently and carefully, there is not the
same imperative with the waste. Indeed, the economic imperative is to dispose of it
as cheaply and as quickly as possible, and without taking care to ensure that its
hazardous properties do not cause harm to the environment. It is not only through
disposal that waste can harm the environment. Harm can also arise when waste is
stored, transported or treated. Regulation therefore needs to extend more widely
than to disposal practices.

ARCO Chemie Nederland Ltd v. Minister Van Volkshuisvesting, Ruintelifke Ordening in Milieube heer
1350

(C418/97/ Sub nom. Epan (C419/97)

322
 It is known that available total ice-free land area in the world is approximately
13.4 billion hectares1351. Out of this figure, only about 3.2 1352
billion hectares, or 24
1353
percent are potentially arable or productive. What this means is that the little
arable land now available should be saved from degradation and misuse. Al Gore1354
in his book tilted Earth in the Balance, Ecology and Human Spirit,1355 stated that,
One of the clearest signs that our relationship to the global environment is in
severe crisis is the flood tide of garbage spilling out of our cities and
factories.
He opined that what some have called the “throw-away society” has been based on
the assumption that endless resources will allow us to produce an endless supply of
goods, and that bottomless receptacles will allow us to dispose of an endless stream
of waste. This habit cannot be sustained any more. We appear, if care is not taken
by all concerned, to be drowning in that stream. We are now running out of ways to
dispose of our waste in a manner that keeps it out of either sight or mind. “The
amount of waste generated in producing everyday products is 1.5kg for a toothbrush,
75kg for a mobile phone, and 1.500kg for a personal computer.” 1356
Carson,1357 thirty years earlier than Senator Al Gore, had raised a genuine
alarm on the threat human activities pose to the environment. However, in the
environmentally less-conscious era1358 human population and the quantities of waste
generated to the environment were minimal. The feeling everywhere, citing the
experience in Yaoundé and Douala, is that we are disconcerted, even offended,
when the huge quantities of waste we thought had been safely disposed of suddenly
demand our attention; as landfills overflow, incinerators foul the air, and
neighbouring communities and states attempt to dump their overflow problem on us.
The inability of the individual and the state to exercise adequate discipline and
control over drastic changes in the environment often gives rise to indiscriminate
dumping of waste which destroys the ecosystem. This leads to a complete
transformation of the environment. Thus, the “green grass” of the surrounding that
one used to know, becomes a barren field. The surrounding is polluted. The
1351
Simpson, S and Fagbohun, O. op.cit. p.62
1352
Ibid.
1353
Ibid.
1354
Former Vice President of the United States of America, then Senator.
1355
(1992) 1st Ed, Houghton Miffin Company, Boston, USA P. 30
1356
Conclusion of Wuppertal Institute, as quoted in European Commission Communication Com (2003) 301
Final.
1357
Carson, R. (1962) Silent Springs Houghton Miffling Comp. Boston, USA p. 21.
1358
That is about 50 years ago

323
unnecessary destruction of the environment, gives rise to the need for control. To
control require forceful acquisition of personal discipline, neighbourhood discipline,
backed by adequate and workable intricate legal processes.

6.4 Historical Development of Waste Management.

In pre-industrial times, the main sources of waste were such things as ash
from fires, unwanted wood, bones, and vegetable waste, and of course, human and
animal excreta. Waste was often disposed of into the ground, where it would act as
compost and help to improve the soil. Re-use and recycling were common place.
Recycling was done by feeding vegetable waste to livestock. Pigs were often used
as an efficient method of disposing of municipal waste 1359 (to demonstrate that
recycling is not a new phenomenon, it has been astutely pointed out that, nearly
4,000 years ago, there was a recovery and re-use system for bronze scrap in
operation in Europe)1360
During the Industrial Revolution, new large-scale manufacturing processes
produced increased waste and waste of a different kind. The growth of towns led to
an increase in domestic waste, but a decrease in the space available for disposal. 1361
The need for management systems become necessary, and waste began to be
regulated as an aspect of public health law. The Public Health Act of 1875 charged
local authorities with the duty to arrange the removal and disposal of waste. The
Public Health Act of 1930 provided that accumulation of waste which was “prejudicial
to health or a nuisance” was a statutory nuisance. Authorities were given the power
to prosecute for uncontrolled dumping, cesspools and scavenging. Building on
contaminated land was prohibited.
During the world wars, waste regulation became less of a priority. Despite a
rise in reclamation and recycling during the wars, the post-war years saw the growth
of huge unsanitary and uncontrolled refuse tips, especially surrounding the large
cities.1362
The practice of landfilling dominated the UK waste management system
during the post-war years. Landfills were constructed at the most convenient and

1359
Kiss, A, op.cit. p. 333.
1360
www.waste online.org.uk.
1361
Kiss, A. Op.cit p. 334
1362
ibid

324
cheapest locations, with little thought given to their environmental impact. 1363 At the
same time, increases in production and consumption led to greater generation of
waste, including packaging waste.
The first ever legislation to control hazardous wastes came in 1971 after the
dumping of drums of cyanide wastes at an abandon brickiln near Nuneation. 1364 The
ensuing public outcry fuelled by press coverage of wastes disposal drivers taking
bribes to dump hazardous waste illegally and a report on toxic wastes by the Royal
Commission on Environmental Pollution, resulted in the deposit of Poisonous Waste
Act of 1972, which was drafted in 10 days and passed through parliament within a
month.
Concern about environmental effects of waste continued leading to the control
of the Pollution Act of 1974, which aimed at much wider control of wastes disposal
operations by producing a system whereby waste could be disposed of only in
accordance with a licence. However, this regime introduced by the control of the
Pollution Act of 1974 had a number of significant failures. It was found that regulatory
attention was too narrowly focused on the final disposal of waste, with little done to
ensure that waste did not cause problems prior to this. Little provision was made for
the after-care of waste disposal sites once they had ceased operating. The operator
of a waste disposal facility could effectively abdicate responsibility for a site by
surrendering his licence after he had completed his activities, even where the
activities had resulted in contaminated land which was a continuing source of
pollution. Another serious deficiency was the local authorities, who were responsible
for granting waste disposal licences, very often carried out waste disposal operations
themselves, so that they were in effect self-regulating. This did little to engender
public confidence in the operation of the regime.
Further reform came with the Environmental Protection Act of 1990, which put
in place the regime that applies today. The Act established new licensing system
covering commercial, industrial and household waste. It also required local
authorities to consider recycling in their waste strategies. 1365
However, at the international level except for rules in international trade in
waste, it is not a well-developed area of international law, which law has to date,

1363
Tromans, S & Turrell-Clark (2008) Contaminated Land 2nd Ed. London. Sweet and Maxwell. P. 180. Also
see note 7
1364
Thornton J. & Beckwith ,S. op.cit p. 177
1365
Ibid.

325
played a limited role in preventing generation of waste. 1366 Apart from the special
rules which are applicable in Antarctic1367 and the EC1368 there is no regional or global
legal framework for waste management strategy. Rather, wastes have traditionally
been regulated incidentally to the attainment of other objectives. Among the relevant
international legal measures are those regulating the disposal of waste at sea, 1369
limiting atmospheric emission of gaseous wastes, 1370 and preventing of wastes in
rivers and other fresh waters. 1371 This approach does not address the source of the
problem by preventing waste generation, it merely shifts the disposal problem to
another environmental medium. In the context of the massive increase in the
generation of all types of waste resulting from industrialisation, this is a major short-
coming in the rules of international environmental law. Part of the problem is
institutional: at the global level, no UN or other body has overall responsibility for
waste, which has led to a fragmented, adhoc and piecemeal international response.
The Stockholm Conference did not focus on the issue of waste as such. Without
specifically mentioning waste, Principle 6 of the 1972 Stockholm Declaration called
for the discharge of toxic or other substances to be halted. The 1982 World Charter
for Nature called for “special precautions” to be taken to prevent discharges of
radioactivity or toxic waste, but did not encourage minimisation of the generation of
such waste. At the United Nations Conference on Environment and Development
(UNCED), the issue of waste was addressed in some detail in Agenda 21 with the
development of proposals, including targets and timetables, for the management of
hazardous and other wastes and radioactive waste. 1372
One of the first serious attempts to establish the basis for a more
comprehensive international approach to waste management was the 1970
Organisation for Economic Co-operation and Development (OECD) Council
Recommendation on a comprehensive waste management policy. The OECD
recommended that member countries implement waste policies to protect the
environment and ensure rational use of energy and resources while taking account

1366
Royal Commission on Environmental Pollution, setting Environmental Standards (1998) 21st report CM.
4053.
1367
The 1998 Convention on the Regulation of Antarctic Mineral Resources Activities
1368
Council Directive 78/319/EEC on waste as amended by Council Directive 91/156/EEC.
1369
UNGA Res. 43/75 (1988), 1986 Asbestos Convention, Art. 19, the ILO Chemicals Convention, Art. 14.
1370
1985 EC EIA Directive, Annex I, Para 9; 1991 Espoo Convention, Appendix I, para.10.
1371
See UNEP Environmental Guidelines for Domestic Waste Water Management, 1988 UNEP EMG No. 14
1372
Sands, P. op.cit p. 676

326
of an economic constraint.1373 Recommended principles included the need to take
environmental protection into account, to encourage waste prevention, to promote
recycling, to use policy instruments; and to ensure access to information. 1374
Ten years later, the UNEP Governing Council endorsed the 1987 Cairo
Guidelines and Principles for Environmentally-Sound Management of Hazardous
Wastes, which assists governments to develop policies for environmentally-sound
management of hazardous wastes from generation to final disposal. 1375 These
guidelines include general principles to protect human health and the environment
from damage from hazardous waste, including its trans-frontier movement, and the
requirement that “all practical steps” should be taken to ensure that management of
hazardous waste is conducted in accordance with applicable international law in
matters of environmental protection over the entire world 1376

6.4.1 Historical Evolution of Waste Management in Cameroon

The problem of waste disposal in Cameroon is of recent origin. During the
pre-industrial era in Cameroon like in Europe and America, wastes were very
insignificant and constituted items such as human waste and ash of burnt wood. 1377
Wastes especially that of animals was often used as manure. Leaves were used to
wrap goods. With the advent of industries, things changed drastically. Goods were
and now wrapped in plastic or cellophane papers which do not decompose. 1378 As
the population of Cameroon grew this habit also grew. This leads to the use of
plastic papers which culminates to the increase of domestic waste. Industrial waste
also increased which led to the pollution of air, water and land. The government of
Cameroon could not stand aloof and watch the degradation of the environment. It
responded promptly by enacting laws which govern the management of waste. 1379
It is worth mentioning here that in the case of the environment, most African
states had little or no serious consideration for it as an issue of vital importance prior

1373
OECD (76) 135 final (1976)
1374
Annex paras, 2 to 6
1375
UNEP/GC 14/17 91987, annex. II UNEP GC/dec/14/30, UNEP EL PG no. 8.
1376
Principle 2
1377
Tajiogue, J.B. (1988) “Le Déchets Solid dans La Ville de Yaoundé. Le devenir des Residues Urbains en
Encombrants”. Unpublished Doctorat de 3e Cycle Thesis. Department of Geography, University of Yaounde I
p. 36.
1378
Ibid.
1379
Mbedoum, M(1990) “Le Gestion des Ordures Menagéres dans la Zone Nylon de Douala” unpublished
Maitrise Memoir of the Department of Geography University of Yaoundé I., p.40

327
to the 1980s. In Nigeria for instance, it was not until the late 1980s that the
government responded to the illegal dumping of toxic waste in an area of its Delta
State,1380 with the creation of the Federal Environmental Protection Agency
(FEPA).1381 Before the 1980s, the Nigerian Government like the other African
governments believed that environmental protection was synonymous to
conservation of natural resources while “concerns for industrial pollution control and
hazardous waste management were treated as both esoteric and an attempt to slow
down the pace of industrialisation”.1382
The first instrument which came out expressly to lay down the rules of
hygiene and sanitation applicable in the Cameroonian territory was the Arrête of 1 st
October 1937. Most provisions in the 1937 Arrête were incorporated in law Nº
64/LF/23 of 13th November 1964 bearing on public health protection. Prior to 1987,
the laws which were enacted did not forcefully sanction pollution, except, the clear
disposition of Section 261 of the 1967 Penal Code dealing with pollution-related
offences. The enactment of Law Nº 89/027 of 29 th December 1989 on toxic and
dangerous waste was an eloquent pointer to the fact that government was resolved
on combating offences liaised to pollution and toxic waste. For example Article 4 of
the 1989 Law dictated capital punishment or a death penalty on any person who
violated the provision of this law, that is to say any person who brought toxic and
dangerous waste into the country.
In 1996, Cameroon with a greater ambition to protect its environment enacted
the pioneer and most welcomed Environmental Code. Article 51 of this law clearly
restricts the dumping of waste in the sub-soil while Article 57(2) edicts that
radioactive substances shall be governed by a special law thereby highlighting the
importance and sensitivity of government to radioactive substances. Furthermore,
Article 80 mitigates the harshness of Article 4 of the 1989 Law which prescribes
capital punishment for any offender who brought toxic waste into the territory. The
Article (80) contains the most grievous of the punishments available within the

1380
Ogundare, J.O. (1972) “The Development of Environmental Law and Policy in Africa” Nations Resources
Journal, vol 12, pp. 60-65
1381
Ibid
1382
Akinjide, O (1997) Dimensions of Environmental Problems in Nigeria Ibadan Davidson Press. P. 101. It
should equally be noted here that Imvebore and Okoroduchu-Fubora “has no articulate comprehensive policy on
the environment.” See other review of existing law and statements on the environment in Nigeria in Aina and
Adedipel (eds), The Making of the Nigerian Environmental Policy, Lagos FEPA Monograph 1991, p.36.

328
arsenal of Cameroon’s legal armoury. This is to show how serious the government is
trying to fight against the indiscriminate dumping of wastes.
In 2001, the Mining Code was enacted by Law Nº 1 of 16 April 2001 and in
December 22nd 1999 the Petroleum Code was equally enacted with the intent to fight
poor waste management in Cameroon.
Cameroon has not only enacted local legislation but has also ratified many
international agreements and conventions to fight poor waste disposal. 1383
With regard to international agreements to combat indiscriminate waste
disposal, Cameroon is a party to bilateral as well as multilateral conventions which
may either be universal, regional or sub-regional in nature 1384.
Cameroon participated actively in framing the Final Act of the Basel
Convention on the control of transboundary movements of hazardous waste and
their disposal.1385 With regard to continental or regional conventions two of them
readily come to mind namely; the Convention on the Importation of Waste Products
into Africa, Transboundary Movements of Dangerous Wastes and their Control. 1386

6.5 Classification of Wastes

The 1996 Environmental Code does not classify waste but this does not mean
waste is not classified.
Waste can first of all be classified according to its viscosity or state. By this,
we mean whether it is in the liquid or solid state. Solid waste includes waste such as
peelings, used cartons, old cars, fridges, crates, broken bottles, plates and liquid
wastes include waste from septic tanks, baths, kitchen sinks among many others.
Waste can further be classified according to municipal or urban and industrial.
Municipal waste is composed of all waste which is generated by shops, households,
offices, and other commercial units and include paper, cardboard, glass, plastic,
metals, organic matters and putressible materials. The generation of municipal waste
is closely related to levels of industrialisation and income per day. 1387 Non-municipal
hazardous or toxic waste tends to be categorised by reference to its source

1383
The Constitution of Cameroon in its Article 43 states that, “the President of the Republic shall on behalf of
the people negotiate and ratify International Agreements.”
1384
See Chapter 1 of this research for more on this
1385
Basel, 21st March 1989.
1386
The Bamako Convention of 31st January 1991
1387
UNEP, Environmental Data, Report 1991 3rd Ed, P. 335

329
(industrial, mining or agricultural) and, in relation to the applicable rules, its
characteristics (non-hazardous, hazardous, toxic, and radioactive).
Lastly, the EPA, 1990, classified wastes into two: namely special waste and
controlled waste. Special waste is waste which “may be so dangerous or difficult to
treat, keep or dispose of, that special provision is required for dealing with it”. 1388
However, in order for it to be classified as special waste, any of the substances must
satisfy other specific tests. These tests relate to the effect of the substances on
human health. They must be either “dangerous to life” or have a flash point (catch
fire or explode), of 21 degrees Celsius or less. Dangerous to life clearly means
human life.1389 On the other hand, controlled waste is that waste which is subject to
control apart from special waste. This includes households, industrial and
commercial waste.1390

6.6 Types of Wastes

The 1996 Environmental Code does not distinguish the types of waste; it only
defines it in its Article 4(c) but its enabling instrument 1391 does so in its Article 2.

(1) Household and Consumer Wastes

This includes wastes from domestic premises, caravan sites, residential
homes, educational establishments and nursing homes.

(2) Commercial Wastes

This is waste from premises used for a trade, business or for recreational
purposes.

(3) Industrial Wastes

This is waste from factory (factory rubbish), public transport facilities such as
airports and bus stations, and premises used for the provision of public utilities,
packing materials, organic waste, acids, alkalis, and metallic ferrous sludge.

1388
EPA 1990, Section 62
1389
Pt. 11, Schedule 11 of the EPA Regulation.
1390
EPA 1990, S. 75, The Control of Water Regulations 1992 (S.I, 1992, No 558)for licensing matters only the
definition under the former law apply and are to be found in the Controlled of Pollution Act of 1974, S. 30 and
the Collection and Disposal Regulations (31, 1998 no. 819).
1391
Decree No. 2012/2809/PM of 26th Sept 2012 fixing the Condition to Collect, Store, Transport, Recycle
treatment and final elimination of Waste.

330
(4) Mining wastes
These are by-products of the extraction process and include top soil, rock and
dirt, which may be contaminated by metals and coal.

(5) Agricultural wastes

This comprises of animal slurries, silage effluents, tank washings following
pesticide use, and empty plastic packaging.

(6) Hospital Wastes

This is waste produced by hospital establishments. It includes, used syringes,
bandages, cotton, expired medicines, old hospital beds and old hospital equipments.

(7) Demolition and Construction Wastes

It includes waste which results from demolition and construction sites. It is
made up principally of old rods, zinc, broken tiles, windows, doors, toilet pots, broken
blocks and debris.

(8) Litter
It is the form of waste which is an integral part of a consumer society. It is
odds and ends, bits of paper, discarded wrappings, bottles and so on, left lying about
in a room or public place. Furthermore, it is the straw and dung of a farm yard. The
discarded cigarette packet or coke tin in the street which is aesthetically unattractive.
An accumulation of such litter can attract rats and constitute a hazard of human
health.

(9) Sewage Sludge

This is foul thick, greasy mud or thick oil or grease sewage material carried off
sometimes in sewers. That often carried off in sewers is the liquid type while the
solid one is dumped in trash cans or on dump sites. This is very common in towns
such as Douala and Yaoundé in Cameroon.

331
(10) Radioactive Wastes
It is the product of nuclear power generation, military source, and medical,
industrial and university establishments. Low-level radioactive waste includes
contaminated laboratory debris, biological materials, and tailings. High-level radio-
active waste includes spent fuel from nuclear power reactors and high liquid and
solid residues from reprocessing of spent nuclear fuels. The disposal of radioactive
waste is generally through storage on land, although it has been estimated that
between 1949 and 1982 at least 46 of radioactive wastes were disposed of at
sea.1392 The 1990 International Atomic Energy Agency (IAEA) Code of Conduct on
radioactive waste defines it as “any material that contains or is contaminated with
radio nuclides at concentrations or radioactivity levels of greater than the ‘exempt
quantities’ establishment by the competent authorities and for which no use is
foreseen.”1393

6.7 Causes of Wastes Production

The causes of waste production in Cameroon are the same as those of
land and water pollution already discussed in chapters four and five of this thesis. It
is needless to discuss them here again. Summarily, the causes include, rapid
population and urbanisation growth, the growth of spontaneous housing, inefficient
disposal of liquid and solid waste, lack of enough staff of the Ministry of the
Environment and Nature Protection and Sustainable Development to move from
industry to industry to make sure that industries properly clear their waste and
equally use raw materials which produce less waste.

6.8 Effects of Wastes

The effects of poor wastes disposal of non-toxic waste are the same like those
of land pollution. Any discussion of them here will lead to repetition. However, only
the case of plastic bags will be discussed.
Plastic bags’ wastes litter streets and the grass while some float on streams. All this
gives an unattractive sight of grass, land and streams. 1394 Some of these plastic bags
which float on streams lead to the clogging of the water channel. The end results are

1392
UNEP, Environmental Data, Report, (1991, 3rd Ed) 338 and Table 8:11.
1393
Section 11.A “competent authority” is “an authority designated or recognised by a government for specific
purposes in connection with radiation protection and /or nuclear safety.”
1394
This is typical of what obtains in big towns of Cameroon

332
floods especially when it rains heavily. This is one of the causes of floods in the
Douala and Yaoundé urban centres 1395. Of the 6 million tons of waste produced daily
in the entire republic, 10% is composed of plastic bags. 1396 An attempt has been
made by the Minister of the Environment, Nature Protection and Sustainable
Development to solve this problem of plastic bags by enacting an Arrête in 2012. 1397
The aim of this Arrête is to reduce the importation and use of these bags because of
the problems they pose. Article 11 provides that “the manufacture, importation,
commercialisation or distribution of plastic bags must be done only after a permit has
been obtained from the Minister of the Environment”. The Arrête is not implemented
for reasons discussed in Chapter 7 of this research. This is a major problem with
most laws and Arrêtes in Cameroon. For if this Arrête is strictly enforced the use and
effects of plastic bags on the environment will also reduce. 1398
Furthermore, the minister proposed to companies that produce plastic bags
that they can switch from the production of plastic bags to paper bags that are
biodegradable1399. He insisted that this should be done before the March 2014 1400
date line. Lastly, the minister said that producers, importers and sellers of plastic
bags which contain 60 microns have until March, 2014 to stop the importation or
production. He gave this length of time from 2012 to enable them dispose the already
produced or imported stock of plastic bags. He added that countries like Chad and
Rwanda1401 have succeeded to ban the importation, production and use of plastic
bags why not Cameroon.

6.9 Waste Disposal Methods

Waste management is different from waste disposal. Waste management is
the collection, transportation, recycling and elimination of waste, including the

1395
Cameroon Tribune No.8836/5035 33rd Year Tuesday 23rd April 2007, p.13.
1396
ibid
1397
Arrête No. 001/MINEPDED of 15th October 2012 laying down the conditions to obtain a permit to manage
waste.
1398
He said this concern the minister of commence and that of MINEDEP.He added that much time is given so
that people should be sensitised.So that when the Order will be enforced people should not be surprised.
1399
The minister also proposed that the plastic bags should be recycled. He equally said that he will pass by
every three months to make sure this Order is implemented or else the breakers of the law will face the penalty
which is 2 to 10 years or a fine of 5000.000 to 10.000.000frs.
1400
See Cameroon Tribune No.10405/6606,40th year, Friday August 16,2013 .Publisher Marie Claire Nana-
www.cameroon-tribune.cm p.8
1401
See Cameroon Tribune No. 10403/6604,40th year. Tuesday August 13,2013.Publisher :Marie Claire
Nana.Web.www.cameroon.cm p. 8

333
monitoring of disposal sites.1402 On the other hand waste disposal is defined by
Section 4(j) of the Code as:
all the operations comprising the collection, transportation, storage and
processing necessary for the recuperation of useful materials or energy, and
for their recycling, or any deposit or discharge of any other product in
appropriate areas under conditions geared towards avoiding harmful
substances and environmental degradation
The U.S. produces about 220 million tons 1403of waste each year. Cameroon
produces about 2,000 tons of waste daily, 666,000 monthly and 7,892,000 tons
yearly.1404
Nations with high standards of living and productivity tend to have more
municipal solid waste per person than less developed countries. The US and
Canada, therefore, are world leaders in waste production. This high volume of solid
waste and reliance on landfills for disposal, have led to the problem we are facing
today. For example, Toronto in Canada is running out of space to put its municipal
solid waste.1405 Even with a very ambitious plan to reduce waste production by 50%,
the metropolitan area will run out of space by 2016. 1406 In Cameroon space to dump
waste is not much of a problem as that of waste management.
In this section, we will examine some historic methods of waste disposal as
well as some future options. We begin with the least desirable but most commonly
used-measures and then proceed to discuss some preferable options. It should be
remembered that modern waste management reverses this order and stresses the
“three Rs” of “reduction, refuse, and recycling” before destruction, or, finally, secure
storage waste.

6.9.1 Open Dumps

Until recently, the disposal of municipal solid waste did not attract much
public attention in Cameroon and the world. From pre-history through the present
day, the favoured means of disposal was simply to dump solid wastes outside of the
city or village limits.1407 Frequently, these dumps were in a wetland adjacent to a river

1402
Section 4 (q) of the 1996 Environnemental Code.
1403
Eldon, D.F. & Brandely FS. Op.cit p. 359.
1404
. Rapport sur l’état de la Protection Civile au Cameroun (2005)/ Cap sur la Sauvegarde de notre cadre de vie,
p. 196.
1405
Ibid. p. 197.
1406
Ibid
1407
Jackson, M.H (1989) Environmental Health Reference Book, London, Butter worth Heinemann. P. 89

334
or lake.1408 To minimise the volume of the waste, the dump was often burned. This
method of waste disposal was not used regularly until only recently. 1409
Unfortunately, this method is still being used in remote or sparsely populated areas
in Cameroon,1410 North America1411 and the world today.1412
As better waste disposal technologies were developed and as values
changed, more emphasis was placed on the environment and quality of life. Simply
dumping and burning our waste is no longer an acceptable practice from an
environmental or health perspective.
For many people in Cameroon, the way to dispose of waste is to simply drop
it at some place which is contrary to Section 50(2) of the Environmental Code. The
section states unambiguously that “the dumping of waste on public land shall be
strictly prohibited, including public maritime land such as defined by the laws in
force”
In spite of this provision, open unregulated dumps are still the predominant method
of waste disposal in Cameroon, notwithstanding the provision of Section 47(1) of the
code. This section clearly provides as follows:
The person producing or processing waste shall eliminate the said waste
under the joint authorisation and monitoring of the administration in charge
of the environment and mines respectively, in accordance with prescription
laid down by regulation.
Subsection (2) further provides that:
Waste shall be discharged into dumps that are periodically inspected and
which respect the minimum technical norms of dump management 1413.
It is important to note here that if the above cited section is strictly enforced in
Cameroon open dumps will not exist or if they have to exist they will respect
the basic norms of open dumps.
In most developing countries, open, unregulated dumps are still the
predominant method of waste disposal. The giant third world mega cities have
enormous garbage problems. Mexico City, the largest city in the world, generates
some 10,000 tons1414 of trash each day until recently, most of this torrent of waste
1408
Ibid.
1409
ibid
1410
BOSANGI, le Magazine trimestriel de la proprété-Avril/Mai/Juin 2006. No. 006 p. 22.
1411
Spinger, A.L. (1983) The International Law of Pollution, Protecting the Global Environment in a World of
Sovereign States, London, Quorum Books, p. 102
1412
Ibid
1413
See also s.50 (2).
1414
Ibid p.104

335
was left in giant piles, exposed to the wind and rain, as well as rats, flies, and other
vermin.1415
In Cameroon open dump lands are still available but (open dumps which are
not authorised) are not permitted as section 50(2) of the code states.

6.9.2 Landfill
Over the past 50 years most American and European cities have recognised
the health and environmental hazards of open dumps. 1416 Increasingly, cities have
turned to sanitary landfills, where solid waste disposal is regulated and controlled. It
is the most common method of waste management in most parts of the world,
including Cameroon. It involves the digging of a hole in the ground, and filling it with
rubbish. Landfill operations are required to compact the refuse and cover it with a
layer of dirt. This method helps control pollution. The problem of landfill is leaching.
For example, over time, the liquid seeps through the landfill, and takes with it harmful
chemicals from the waste, if this rots, it produces methane gas and carbon (iv) oxide.
A landfill is “a waste disposal site for the disposal of waste onto or into
land”1417
This normally includes “any site which is used for more than a year for the
temporary storage of waste” any internal waste disposal site, that is to say “a site
where a producer of waste is carrying out its own waste disposal at the place of
production.”1418 The issue of defining “landfill” arose in Black Land Park
Exploration Ltd v Environment Agency.1419 In that case, the Claimant Company
operated an onshore oil field. Liquid waste, including water containing a variety of
contaminants, were accepted on to the site and injected via a borehole, into oil-
bearing porous strata 1,000m below the surface of the land. The company argued
that, this practice should be characterised as a discharge into a water environment.
However, the Court of Appeal took the view that the activity constituted a deposit of
1415
Another city which has a problem with waste disposal is Manila, in the Philippines. It has at least ten huge
open dumps. The most notorious is called smoky mountain because of its constant smoldering fires. Thousands
of people live and work on these 30 meters-high heap of refuse. They spend their days sorting through the
garbage for edible or recyclable materials. Health conditions are abysmal, but these people have no where to go.
The government will like to close this dumps but how will the resident be housed and fed. Where else will the
city put its garbage?
1416
Naravan, SMS (1977) “Standards and Criteria for Water Pollution Control: An Overview.” Barnaras Law
Journal, vol, 13 Nos 1&2, pp. 80-85.
1417
The U K Council Directive 1993/31/EC of April 26th, 1999 on the Landfill of Wastes, OJL 182, 16.7, 1999,
PL.
1418
Ibid
1419
CA [2003] EWCA IV 1795.

336
liquid waste into “landfill,” and was therefore prohibited under the landfill Directive
and the Land Regulations. There was clearly a distinction to be maintained between
waste disposal into land, on the one hand, and discharges into water, on the other,
the latter being regulated by different legislations, and there would sometimes be
cases where what was done fell somewhere near the boundary between the two.
However, the fact that there was a great deal of water within the area of the site, and
that the waste mixed with the water, did not prevent what was occurring from being a
deposit of waste into land. The court was influenced by the fact that, the waste was
not being discharged into, say, an underground stream through which water might
flow away from the place of discharge. For the company in question, the decision
was disastrous its effect is that it may have to shut down its operations because of
the landfill Directive’s prohibition on the disposal of liquid waste to landfill. The
decision is perhaps particularly draconian given that there was no suggestion in the
case that the operations had had, or would be likely to have, any detrimental effect
on the environment.
From the definition of landfill given in the foregoing it is easy to conclude that
it is a depression or hole dug in the ground and filled with waste. After this filling, the
hole is then covered and compressed.
In Nigeria, there are landfills in various states managed by local governments,
but subject to various guidelines and standards provided by the Federal
Environmental Protection Agency (FEPA) on management of landfills. 1420 Several
states in Nigeria have not passed laws on waste management, so as to assist FEPA
to enforce Waste Management Regulations.1421 This explains why landfills are
created any how in some states of Nigeria.1422
In Cameroon, landfills have been legalised by the Environmental Code so
long as the person doing it obtains an authorisation from a competent authority 1423.
This is provided for by Section 51(1) of the Code that:
Waste shall only be buried in the subsoil with the prior joint authorisation of
the competent administrations which shall lay down the technical

prescriptions and special rules to observe.

1420
FEPA, Guide and Standard on Prevention of Environmental Pollution in Nigeria 1991.
1421
FEPA, National Waste Management Regulation, 1991
1422
For more on this see Atsegbua, L & Akpotaire, V op.cit. p. 106
1423
This Authorization is issued by the Minister in charge of the Environment, Nature Protection and Sustainable
Development as stipulated by Article 3(1) of the Ministerial Arrête No. 001/MINEPDED of 15 October 2012
laying down the condition to obtain permission on waste management.

337
Subsection (2) goes on to state as follows:
The burial of waste without the authorisation provided for in sub-
paragraph (i) of this article shall lead to an excavation of the waste by the
person who buried it, or after a charge to pay from the competent
Administration, in collaboration with the other Administrations concerned.
The wordings of Subsection (2) above reveals that where a person landfills without
obtaining permission, he shall excavate the buried waste or be asked to pay a
charge by a competent administration. The sole aim of this section is to reduce or
prevent as much as possible the negative effects on the environment from the
landfilling of waste1424 and to limit emissions of methane gas by reducing the amount
of biodegradable waste going to landfills. To achieve this, protection of the
environment should continue during the whole life cycle of a landfill site, including
when it has stopped receiving waste.
Landfilling is practised in Cameroon by HYSACAM. It does this only in
Yaoundé. The site of the process is at Nkolfoulu, a neighbourhood at the outskirts of
the Yaoundé urban town. All the waste collected in the Yaoundé municipality is taken
to this region and buried in a hole after which it is compressed. When the hole is full
it is covered and another dug and the process continue.
The environmental concerns surrounding landfill include the production of
landfill gases1425formed during the decomposition of biodegradable waste in landfill
sites. These gases contribute to climate change (when biodegradable materials such
as paper and food wastes decompose in the absence of oxygen). They also displace
oxygen from soils, and make it unable to sustain plant growth. It is because of these
effects that Section 51(1) was enshrined in the Environmental Code of Cameroon to
govern landfill.
Landfilling is still alien to individuals in Cameroon. Despite this, landfilling
should be emphatically discouraged as a means of disposing waste because of the
problems associated with it. Some developed countries are already discouraging its
use.1426 Instead, recycling and incineration are the primary methods. These are the
methods which should be encouraged in Cameroon.

1424
This includes the pollution of surface water, ground water, soil and air, and the emission of methane gas.
1425
These gases compose of methane and carbon dioxide
1426
Japan and many Western European countries have already moved away from land filling as the primary
method of waste disposal because of land scarcity, and related environmental concerns. Switzerland and Japan
dispose less than 15 percent of their waste in landfill, compared to 57 percent in the US.

338
 The UK and the EC have traditionally differed in their approaches to landfilling
waste.1427 The EC has seen landfilling as a waste disposal of last resort. In contrast,
851428 % of wastes in the UK have traditionally been disposed of by landfilling.
Further, the EC favours the treatment of degradable waste before it is placed in
landfill sites, in order to reduce emissions of methane gas, whilst the UK has been
reluctant to treat waste before it is put into landfill, arguing that this entails
unnecessary expenses. HYSACAM in Cameroon does not treat waste before
landfilling it.
From what has been canvassed above, it is seen that the Environmental Code of
Cameroon has many lacunae. It is therefore submitted that Section 51 and 52 of the
code should be revised and the treatment of waste before landfilling should be made
compulsory in order to reduce the effects of landfilling. If this is done, it will make the
code more modern and will check land pollution to a great extent.

6.9.3 Incineration
Incineration means “burn to ashes or burning up of rubbish either in an
incinerator or open space.”1429 Landfilling is still the disposal method for the majority
of municipal waste in the world.1430 Faced with growing piles of garbage and a lack of
available landfills at any price, public officials are however looking for other disposal
methods. The method which they frequently turn to is burning. Incineration is not
very welcomed today because of its aesthetic concerns, such as foul odours,
noxious gases and gritty smoke. Today, about 16 percent of the municipal solid
waste in the US is incinerated. Canada incinerates about 8 percent, 1431Cameroon
incinerates 2 percent.1432 Incineration leads to air pollution .The dust or residue of the
incinerated domestic waste sometimes contains dioxin. Dioxin has a negative impact
on the environment and man1433.
Despite these problems, proponents of incineration argue that if they are run
properly and equipped with appropriate pollution control devices, incinerators are
1427
Thornton ,J & Silas. B. op.cit p. 195.
1428
Ibid.
1429
Hornby, A.S. (ed) (2009) Oxford Advanced Learner’s Dictionary of Current English .Oxford University
Press. 7th Ed. p. 430.
1430
Cunningham W.P & Woodworth,B. op.cit. 529
1431
. Ibid p. 530.
1432
BOSANGI, Le magazine trimestriel de la proprété-Avril/Mai/Juin 2006 No. 006 p. 28.
1433
On man it affects the nervous system, destroys the immune system, alters the reproductive system and
promotes body and lung cancer when air containing this dioxin is inhaled. On the environment it destroys, the
soil,subsoil,the grass surface, water and underground water when rainfalls and dissolves it.

339
safe to the general public. Opponents counter that neither public officials nor
pollution control equipment can be trusted to keep the air clean. They argue that
recycling and source reduction efforts are better ways to deal with waste
problems.1434
In Cameroon, incineration is common. It is carried out by individuals and
institutions such as offices and hospitals. However, with the hiring of HYSACAM, the
act is now reduced in the towns where the company is found. In towns where this
company does not exit, incineration is carried out especially in the dry season. In a
town such as Bamenda, domestic waste is cleared by its urban council’s trucks.
When the trucks brake down, the waste is burnt. 1435 The residue is not disposed of as
is the case in most developed countries but is left at the site and is normally
disposed of by wind and rain water. When this happens it leads to air, water and land
pollution with all its effects.
The Cameroon government, being conscious of the consequences of
incineration, responded by enacting Section 49 of the code which forbids
incineration. The section states:
Waste immersion, incineration or elimination by any procedure in the
continental and/or maritime waters under Cameroonian jurisdiction shall be
strictly prohibited, duly taking into account the international commitments of
Cameroon
An interpretation of this section indicates that it forbids incineration only on water and
not on land despite the effects mentioned in the foregone. It is visible here that there
is a lacuna in the Environmental Code with regards to incineration. It therefore
means that if a person or institution incinerates on land, he or she will go
unpunished.
It is said that, the Environmental Code of Cameroon is based on international
norms but this is not completely true because incineration has been banned in many
European countries. In the United Kingdom and the European Community (EC) land
based incineration of waste is currently dealt with only by the EC legislation, 1436
although it is considered to be a sufficiently hazardous activity to warrant mandatory
environmental impact assessment under the relevant regional arrangements. 1437 The

1434
Naravan, S.M.S op.cit p. 90.
1435
This act was very prevalent in the Yaoundé urban town in the late 1990s because of the financial crisis
which hit the urban council then.
1436
Directive 2000/76/EC on the Incineration of Waste.
1437
1985 ECEIA Directive, Annex I, para 9, 1999 ESPO Convention Appendix 1, para 10.

340
1991 Antarctic Environment Protocol has banned the open burning of waste, since
the end of the 1998/9 session, but allows the burning of certain non-hazardous
combustible waste in incinerators which “to the maximum extent practicable reduces
harmful emissions.”1438 This lacuna in the Environmental Code of Cameroon makes it
possible for people and institutions to burn or incinerate waste and go unpunished.
No doubt this act can be permitted but on the condition that an authorisation to do it
is obtained from the right authority. Section 9(e) of the Environmental Code states
that “each citizen shall have the obligation to safeguard the environment and
contribute to its protection”. Therefore, where incineration is not forbidden, citizens in
Cameroon will destroy their environment. The fact that incineration is not forbidden
on land by section 49 does not give the guarantee to citizens of Cameroon to destroy
their environment. Section 9(e) of the code makes it mandatory for citizens to
safeguard their environment because “shall” means mandatory. That is the spirit of
Section 49. Therefore, it is an offence to destroy the environment. Any person or
institution that violates Section 9(e) should be sanctioned. However, it is suggested
that Section 49 of the code should be revised and let incineration on land be
forbidden. Not only revising it but the revised section should be enforced because
one of the major problems of Cameroon is the lack of enforcement of laws.

6.9.4 Recycling
The term “recycling” has two meanings in common usage. Sometimes
the term recycling is used when we really mean “re-using” something, such as
refillable beverage containers. In terms of solid waste management, however,
recycling is the reprocessing of discarded materials into new, useful products. 1439
The Environmental Code of Cameroon does not define it. It only mentions it in
Sections 43(1) and 50 (1).
Some recycling processes re-use materials for the same purposes, 1440 for
instance, old aluminium cans and glass bottles are usually melted and recast into
new cans and bottles. Other recycling processes turn old materials into entirely new

1438
Annex III, Article 3.
1439
Thornton J & Beckwith S.op cit p.190.It is equally define by the Oxford Advanced Learner’s Dictionary of
Current English as “ the process of treating substances already used so that further use is possible” .Hornby
A .S.op .cit p.706.This definition ties with that given by the Prime Ministerial Decree No.2012/2809/PM of 26
September 2012 fixing the condition to collect, store ,transport ,recycle ,treatment ,and disposal of waste.
1440
Defra (2007) “Waste Strategy for England” London (www.defra.gov.uk)

341
products. Old tyres, for instance, are shredded and turned into rubberized road
surfacing.1441
At first sight, the concept of recycling waste and using it again is
environmentally attractive. To eliminate wastes must be a sound manoeuvre and to
make something out of what would have been thrown away, appeals to a sense of
ethics as Boyne affirms.1442 Anyone who is accustomed to throwing waste food onto
a compost heap and finding it has turned into crumbling brown soil six months later
will understand the charm of the idea of recycling. It appeals to the “waste not, want
not” ethic.1443 In spite of this charm, recycling has its own problems. 1444 For example,
the waste has to be claimed and then sorted out first into constituent parts before the
actual recycling process can start. The householder is provided with different
coloured bags for different types of waste and leaves them for collection outside on
the public path. This system has proved highly successful in Germany 1445 where
householders have responded enthusiastically. However, this method is more
expensive to run as collection costs are higher. 1446 A sorting operation is expensive,
and much can be saved if householders take responsibility themselves for sorting
their own waste and taking it to centralised collection points. 1447
The concept of recycling has acquired a moral ton and governments across
Europe have succumbed to the political pressure by introducing policies on recycling
which require progressively more material to be dealt with in this way. 1448 In the UK,
1441
Newspapers become cellulose insulation, kitchen waste, become a valuable soil amendment, and steel cans
become new automobile and construction materials
1442
. Boyne, G.A. (1998) “The Determinants of Variations on Local Service Contracting –Garbage in, Garbage
out?” 34(1) Urban Affairs Review 150-63 pp 101-116
1443
. Ibid.
1444
An essential feature of recycling is that the total waste collected, the waste stream needs to be sorted into
constituent parts. Glass, clothing, tin, paper and other items need to be separated before recycling and re-use can
take place. Some attempts have been made to achieve this by local authorities who provide separate bins for
different commodities. These bins can be provided in focal places, such as superstores and car parks. An
alternative is to provide a system of Kerb side collection. The householder is provided with different colored
bags for different types of waste and leaves them for collection outside the property on the public path.
1445
Nicolas. B. et al, (2002) “Municipal Waste Management in European Policy: Between Harmonization and
Subsidiary, London.” London University press p. 104.
1446
“An overview of the impact of the source separation schemes on the domestic waste stream in the United
Kingdom and their Relevance to the Governments Recycling Target”. Warren Springs Laboratory, February,
1993, “Economic Instruments and Recovery of Resources from waste” (Department of Trade and Industry and
D.O.E)
1447
Ibid, in the UK. It is considered however, that only a kerbside collection scheme will achieve the
government target for recycling household waste which represents an increase of 4-5 times present recycling
rates. This is true even in Cameroon, because a more onerous scheme is simply impracticable and even
unrealistic.
1448
In the UK; the concept of recycling was put firmly on the agenda in the Government’s white paper on the
environment “This common inheritance”. This white paper set a target of 25 percent of household wastes to be
recycled by the year 2000. Britain does in fact, already have a reclamation industry which has a turn over of £2

342
the Environmental Protection Act (EPA) of 1990 1449, states that, “the government
should use finance as a means to encourage the use of recycling as a method of
waste disposal.” If this is done, the waste disposal authority will have less waste to
take to the landfill site or to the incinerator. 1450 The idea of using financial instruments
to encourage recycling is supported by environmentalists. 1451 “Friends of the
Earth”1452, for example, encouraged such a method but emphasised that it should
only be seen as one way to encourage a reduction in the overall quantity of waste
produced.1453 There have been some dramatic successes in recycling in recent
years.1454
It can be said in the case of management of urban solid waste that the idea of
recycling is either unknown or less developed in some isolated cases in the big cities
of Cameroon.1455 Quite often, the three different types of urban solid waste are found
mixed up and managed together without any distinction. 1456 However, recycling can
be encouraged in Cameroon as is done in other countries such as Germany where
householders are provided with different coloured bags for different types of waste.
Furthermore, financial instruments can be used to encourage recycling in Cameroon
as is done in the UK.
Internationally, efforts to encourage recycling, recovery and re-use of
materials and products, have not yet led to international legal commitments. 1457 The
Organisation for Economic Co-operation and Development’s (OECD) International
Energy Agency is committed to research and development on waste heat utilisation.
The Municipal and Industrial Waste Utilisation for Energy Conservation 1458 and the
OECD have adopted recommendations on the re-use and recycling of beverage
billion per year. But less than 10 percent of the household waste that can be recycled is currently reclaimed. the
Government estimates that 50 percent of all household waste is recyclable. A waste management paper No .28
on recycling provides further information on this. For more on this see H.M.S.O.
1449
Section 52.
1450
Denhardt, R.B & Denhardt, J.V. (2000) “The New Public Management: Serving rather than Steering” public
Administration Review 60(6) pp. 549-59
1451
Heftz, A and Warner, M (2004) “Privatisation and its Reverse: Explaining the Dynamics of the Government
contracting process”, 14(2) Journal of public Administration Research and Theory: pp 171-90.
1452
It is an environmental protection N G O.in the U K.
1453
Friends of the Earth, “Using Financial Instruments and other Measures to ReduceWaste and Encourage Re-
use and Recycling” (March 1993) p.23.
1454
The US recycles about 23 percent of its municipal solid waste and should have approached 60 percent by
2009. Canada recycles about 10 percent. The goal of Ontario, Canada is to reduce the amount of garbage going
to landfill sites by 50 percent by the year 2000.
1455
Ma’a, M.A. (2006) « Le Gestion des Eaux usées en Hôtellerie et Tourisme Durable : Cas de l’Hôtel de
Députes ». Unpublished Maitrise Memoir of the Department of Geography University of Yaoundé I p. 76.
1456
Mbedoum, M. op.cit. p. 42.
1457
Sands, p. op.cit p. 688
1458
The 1974 Agreement on the International Energy Programme article 429(C).

343
containers and recovery of waste paper. 1459 The Montreal Protocol calls for research
and development and the exchange of information on the last technologies for
improving the recovery and recycling of certain controlled and trans-national ozone-
depleting substances,1460 but does not establish targets for recovery or recycling. 1461
The 1989 Basel Convention may provide a basis for future international legislation by
identifying disposal operations which may lead to recovery, recycling, and re-use. 1462
It does not, however, identify recycling, re-use and recovery as s matter for
international co-operation or call for any specific international action or measures. 1463
European Committee Law requires member states to encourage the recovery of
wastes including hazardous and toxic wastes, by means of recycling, re-use or
reclamation or other processes to extract secondary raw materials and to use waste
as a source of energy.1464 EC law also permits national recycling legislation to limit, in
certain circumstances the free movement of goods between member states 1465 and
the grant of government subsidies to encourage recycling and re-use. The Basel
Convention and the Montreal Protocol do not advocate for recycling, but this does
not mean individual states do not advocate for it. We propose that these two
international instruments should be revised and recycling included in them.
A provision for the recycling of waste is found in Sections 43(1) and 50(1) of
the Environmental Code in the case of Cameroon. Section 43(1) provides that:
any person who produces or owns waste, shall eliminate or recycle it, or
have it eliminated or recycled in plants authorised by the administration in
charge of classified establishments, after the obligatory opinion of the
administration in charge of the environment. Besides, the person shall
inform the public of the effects of waste production, owning, elimination or
recycling on the environment and public health, pending the rules of
1459
OECD Council Recommendation, Re-use and Recycling of Beverage Containers, OECD C (78) 8 Final, 3rd
February 1978; OECD Council Recommendation, waste paper recovery, OECD C (79) 218 Final, 30th January
1980. See also Decision of the Council concerning the control of Tran frontier Movements of Waste destined for
Recovery Operations, OECD C (92) 39 Final, 6 April 2002.
1460
Article 9(1)(a), as amended by the 1990 amendments
1461
As Amended in 1990, the Montreal Protocol encourages recycling of certain ozone depleting substances by
excluding recycled substances from the definition “production”.
1462
Annex IV (B). These operations include use as a fuel (other than in direct incineration) to generate energy,
reclamation or regeneration of solvents and non-solvents, recycling or reclamation of metals and metal
compounds and other inorganic materials, regeneration of acids, recovery of pollution abetment, and catalyst
components refining of used oil, land treatment, and uses of residue materials. The Bamako Convention
identifies the same list but does not distinguish these operations from other disposal operations.
1463
Article 10(2) see also the 1991 Bamako Convention, Article 10.
1464
Council Directive 75/442/EEC, as amended by Council Directive 91/156/EEC, Art, 3(1), Council Directive
91/692/EEC and Commission Decision 96/350/ EC, Council Directive 91/689/EEC, Art 4, as amended by
Council Directive 94/31/EC and Commission Decision 2000/532/EC and 2001/118/EC.
1465
See the Danish bottle case

344
 confidentiality and the measures intended to prevent or compensate its
negative effects.
Section 50(1) on its part provides that:
The obligation of general maintenance which the public land dealers are
subject to shall include those to eliminate, cause to be eliminated, or recycle
waste contained in the land.
A reading of the two sections of the Environmental Code cited above
discloses that recycling is not only mentioned in this code but is mandatory as one of
the options to manage waste. “Shall” mentioned in the two sections means obligatory
to the producer or owner of waste whether he is willy- nilly. Despite this, recycling is
not fully carried out in Cameroon because of a number of reasons namely: almost
lack of machines to do the recycling, few trained personnel to do it, lack of enough
finances to finance the operation, waste is jumbled up in a dust bin without selecting
it as has already been mentioned and lastly an authorisation to do so must be
obtained from the Minister of the Environment, Nature Protection and Sustainable
Development as the Prime Ministerial Decree of 2012 1466 provides. This condition
discourages some people who intent to do so because of the hurdles they will go
through to obtain this permission. Recycling is usually a better alternative to either
dumping or burning waste. This rule discourages some people who intend to do so
because of the obstacles they will go through when they apply for the authorisation.
It saves money, raw materials, land space, and equally reduces pollution. 1467
Japan probably has the most successful recycling programme in the world. 1468
Half of all household and commercial waste in Japan is recycled while the rest is
about equally incinerated or landfilled.1469

6.9.4.1 Packaging Waste

1466
Article 27 of Prime Ministerial Decree No.2012/2809 PM of 26th September 2012 laying down the
conditions to collect ,store ,transport ,recycle ,treatment ,and disposal of waste.
1467
Another benefit of recycling is that it could drastically cut our waste volumes and reduce the pressure on
disposal system.
1468
Cunningham P.W. & Saigo B.W. op.cit p. 532.
1469
By comparison, the US landfills more than 60 percent of all solid waste. Japanese families diligently
separate waste into as many as seven categories, each picked up on a different day. For more on this see
Cunningham P.W. & Saigo BW. Supra.

345
 In 1994 the EC enacted a Directive 1470 on packaging waste1471 which is one of
the first pieces of legislation to regulate a specific waste stream. The Directive has
three main objectives, namely;
- to reduce the effect of packaging on the environment
- to coordinate national measures in order to prevent distortions to competition,
and
- to ensure the free movement of packaging goods.
Reducing the effect of packaging on the environment is to be achieved by limiting
the disposal of packaging waste, and requiring, instead, that it should be re-used or
recovered. Member states are required to establish “return, collection and recovery”
systems. “Packaging” is defined widely to mean all products made of any material
which is used for the “containment, protection, handling, delivery and presentation of
goods.”1472 Packaging which does not comply with certain “essential requirements”
relating to its “composition and re-usable and recoverable nature” cannot be placed
on the market. Conversely, packing which meets the “essential requirements” must
be guaranteed free circulation within the European community. Member states are
required to develop national standards for the composition and re-usable nature of
packaging.
In the Central African sub-region where Cameroon belongs, there is no sub-
regional instrument as regards packaging. The Environmental Code of Cameroon
does not distinguish between different types of waste but merely discusses waste
management generally. This is a lacuna inherent in the environmental code 1473. This
explains why in Cameroon there is a lot of waste resulting from packaging.

6.9.4.2 End-of-life Vehicles

Every year, disposal of vehicles at the end of their use generates between 8
to 9 million tons of waste in the European Community. 1474 Approximately 25% of this
is hazardous, amounting to about 10% of the total hazardous waste generated in the
1470
Directive No. 94/62/E.C
1471
European parliament and Council Directive 94/EC of Dec. 20th, 1994 on packaging and packaging waste
OJL 365, 3112, 1994 P. 10.
1472
. Lawrence D & Lee, R (2003) “Permitting Uncertainty: Occupiers, and Responsibility for Remediation” 66
Modern law Review p. 262
1473
This explains why there is a lot of waste resulting from packaging because no Directive exist as in the E C
insisting that packaging which does not comply with certain “essential requirements” relating to “its
composition and re –usable nature” cannot or should not be placed on the market.
1474
See preamble Dr. 2000/53/EC note that figures are for the position prior to the assertion of new member
states in May 2004

346
EC each year.1475 The Directive1476on end–of-life vehicles aims to reduce the amount
of waste, and therefore the adverse environmental impacts, resulting from the
disposal of vehicles. No regional instrument of this nature exists in the central African
region where Cameroon is found. Furthermore, the environmental code of Cameroon
does not contain any provision on end-of-life vehicles.
End-of-life vehicles are dumped everywhere in Cameroon. Sometimes in
garages, road sides and even at the owner’s abode. Some of the abandoned or end-
of-life vehicles are collected by the council to waste dumpsites but it is a rare
exercise in Cameroon. The consequences of this are immense. For instance, they
pollute the land where they are abandoned. Section 48(1) of her Environmental
Code states that “when waste is abandoned, dumped or processed in violation of the
prescriptions of this law and its enabling instrument, the authority vested with police
powers shall automatically eliminate the said waste at the expense of the said
producer, after charging the producer to pay”. Subsection (2) further provides that,
“the administration shall oblige the producer to deposit to a public accountant a sum
corresponding to the cost of the work to be done. The competent public accountant
shall be appointed by order of the minister in charge of finance”.
In spite of these sections, abandoned old vehicles are found everywhere. The
council whose duty is to clean the town is not doing its job for reasons already
advanced. Even where it does, it does not sanction the producer of the waste as
Section 48 (2) provides.
Secondly, the law is not very clear with regards to end-of-life vehicles. In the
UK,1477unlike in Cameroon, there is a regulation specially enacted for end-of-life
vehicles1478.
Lastly, the Central African region (CEMAC) does not have an instrument that
regulates end-of-life vehicles. We propose here that the Central African Region
should also enact an international regional instrument that governs end-of-life
vehicles as obtains in the EC.
From the elaborate advantages of the end-of-life vehicles regulations discussed, it is
clearly seen that if such an instrument is enacted in the Central African region or
some of its provisions adumbrated in the Cameroon Environmental Code, it will go a

1475
Thornton J & Beckwith, S op.cit. p. 201
1476
Directive No.2000/53/E C
1477
End-of-life Vehicles Regulations of 2003.
1478
However End-of-life Vehicles are covered in Cameroon because they would constitute “waste”.

347
long way to reduce pollution caused by end-of-life vehicles. That is the more reason
why we advocate that some of its provisions should be included in the code.

6.9.5 Composting
Municipal composting is another source of reduction technique that could
have substantial impact on the environment. Pressed for landfill space, many cities
have banned yard waste from municipal garbage. Rather than bury this valuable
organic material, they are tuning it into a useful product through composting. Building
a compost pile is a popular practice with many home gardeners because it turns
waste into a useful soil additive. Home compost pile is an easy and inexpensive way
to dispose of organic waste in an interesting and friendly manner. Composting is
gaining in popularity because it is cost effective and substantially extends a landfill’s
useful life.
Large-scale municipal or industrial compost facilities have some of the same
public relations and sitting problems as incinerators and landfills. Neighbours
complain of noise, odours, vermin, and increased traffic from poorly-run facilities.
These problems do not have to occur, but when dealing with huge amounts of
garbage, it is easy for the situation to get out of hand.
HYSACAM practices composting in Nkolfoulu, where the municipal waste
collected in the Yaoundé Urban town is dumped. The advantages of composting in
the Nkolfoulu waste dump site are the same to those which have already been
discussed. Individuals and institutions such as schools equally practice it. The
Environmental Code of Cameroon is silent on it. It is worthy to note that only organic
waste can be composted. Non-biodegradable waste cannot.

6.9.6 Demanufacturing
Demanufacturing refers to the disassembly and recycling of obsolete
consumer products, such as television sets, personal computers, refrigerators,
washing machines and air-conditioners. It is a good way to recover valuable
materials.
The EPA estimates that Americans dispose 54 million tons of these household
appliances every year.1479

1479
Cunningham, P.W. & Saigo, W.B., op.cit p. 533.

348
 In Cameroon, many people use TV sets for more than 15 years especially if
they were bought new. Most of the electronic appliances in Cameroon quickly
become obsolete because, especially if they were bought or imported as second
hand goods from Europe. Their lifespan, therefore, becomes extremely short by the
time they are put into use in most African countries including Cameroon. They
therefore very quickly end up as waste.
The Ministerial Arrête1480 governing the importation of second-hand goods
including cars does not stipulate the maximum age of second-hand goods to be
imported into Cameroon. .
Many of these consumer products 1481 contain both valuable materials and
toxins that must be kept out of the environment. Older refrigerators and air-
conditioners for example have chlorofuocarbons (CFC) that destroy stratospheric
ozone and cannot be released into the air. Because new production has been
banned, recycled CFCs, are worth about $100 per pound 1482. For both reasons, it
pays to recycle them.1483 It should be noted here that recycling of the above-
mentioned articles is not done in Cameroon for the main reason that we only import
and do not produce or manufacture them. Therefore, the only advice to Cameroon is
to reduce the importation of these second-hand goods and encourage the
importation of new goods. This reduction can be done by strictly implementing
Section 22 of the Ministerial Arrête 1484 which states that importers of second hand
goods should obtain an authorisation to do so. This enforcement is difficult for
reasons which are discussed in chapter 7 of this research. Furthermore the
problem is that most households cannot afford the new goods because of their very
high prices.

6.9.7 Re-use
“Re-use” means using something again. The Environmental Code is silent on
re-use. Where possible, re-use is even preferable to recycling as it does not involve

1480
Arrête No 010/MINDIC du 12 Avril 1991 déterminant les conditions d’importation des Véhicules d’occasion
1481
Similarly, computers and other electronic equipments contain both toxic metals (mercury, lead, nickel,
germanium etc) as well as valuable ones such as gold, silver and copper. A typical personal computer, for
instance, has about $6 worth of gold, $1 of silver. It is estimated that 90percent of the cadmium, lead and
mercury contamination in most solid waste stream comes from consumer entrepreneurial forms which are
emerging in many urban centres to take advantage of this valuable resources.
1482
Cunningham,P.W & Saigo,W.B.op.cit p.533
1483
Ibid.
1484
Arrête No.061/MINEPDED of 15october 2012 laying down conditions to obtain a permit to manage waste.

349
the cost and energy of transforming a used good into a new product or thing .This is
done already with some specialised items. Auto parts are regularly sold from junk
yards, especially for older car models. Some communities sort and re-use a variety
of materials received in their dumps. 1485 In all towns of Cameroon, glass and plastic
bottles are routinely returned to beverage producers for washing and refilling. The re-
usable, refillable bottle is a most efficient beverage container. This is better for the
environment than remelting and more profitable for local communities. A re-useable
glass container makes an average of 15 round-trips between factory and customers
before it becomes so scratched and chipped that it has to be recycled. Re-usable
containers favour local bottle companies and help preserve regional differences.
In less-affluent nations, (such as Cameroon) re-use of all sorts of
manufactured goods is an established tradition. Where most manufactured products
are expensive and labour is cheap, it pays to salvage, clear and repair products.
Yaoundé, Douala, Lagos, Cairo, and many other cities 1486 have large populations of
poor people who make a living by scavenging. An entire ethnic population may
survive on scavenging, sorting, and reprocessing scraps from city dumps. For
instance, it is common in the towns of Douala and Yaoundé to see people foraging
on waste dumps or in big dust bins to pick out empty bottles, old dresses or shoes to
use again. The bottles are washed and used to bottle palm oil, locally made
groundnut and vegetable oil and most often sold to food processing companies
(such as Brasseries du Cameroun) if they are bottles used to bottle drinks.
In our opinion, the practice of re-using ought to be encouraged in Cameroon
because it does not only make economic sense, but is equally environmentally-
friendly.

6.9.8 Producing Less Waste

The most fundamental way to reduce waste is to prevent it from ever
becoming waste in the first place. What is better than re-using materials? Generating
less waste in the first place is a major answer. Examples of source reduction are
using less material when making a product or converting it from heavy packaging
materials to light weight ones. This issue of source reduction is not regulated by the
Environmental Code of Cameroon.

1485
Purdue, M (1990) “Defining waste” Journal of Environmental Law (JEL) Vol 22. No 2, p. 259.
1486
Simpson, S & Fagbohun, O, op.cit p. 72.

350
 The only section that comes nearer to provide for this which in itself does not
state it, is Section 9(b) which provides for the principle of prevention of threat to the
environment. This is just a principle suggesting that environmental damage should
be prevented not banned. It therefore means people or industries can overlook the
principle and continue with their activities which may lead to environmental pollution.
What can be done to reduce the production of waste? Cameroonians should
buy food that comes with less packaging, wash and re-use bottles, aluminium foils,
plastic bags etc, for their own personal use.
Excess packaging of food and consumer products is one of Cameroon’s
sources of unnecessary waste. Papers, plastics, glass and metal packaging material
make up 50%1487 of Cameroon’s domestic trash by volume. Photodegradable plastics
break down when exposed to ultraviolet radiation. Biodegradable plastics can be
decomposed by micro-organisms. Several states in America 1488 have introduced
legislation requiring biodegradable six-pack beverage yokes, fast food packaging,
and disposables, diapers to be put in compost.1489
Some environmental groups1490 are beginning to think that Americans have
put too much emphasis on recycling. Many people think that if they recycle
aluminium cans and newspapers they are doing everything they can for the
environment. In surveys conducted by New Jersey-based Environmental Resource
Associates,1491 only two in ten people surveyed could define waste reduction. If such
a research is conducted in Cameroon, the same result is likely because most people
in this country know little or nothing about waste reduction.
Companies1492 that make “throw away” or heavy packaged products generally
favour recycling because it allows them to continue business as usual. While
recycling is an important part of waste management, it is important to remember that

1487
Recup Action, le Magazine de réflexion et d’échanges sur le développement durable, No. 16, Juillet –Aout-
Septembre, 2008, p.9.
1488
Walls, M, Maculey, M and Anderson, S (2005) “Private Markets, Contracts and Government Provision.
What Explains the Organization of Local Waste and Recycling Markets:” 40(5) Urban Affairs Review pp. 590-
613.
1489
These degradable, plastics often do not decompose completely they only brake down to small particles that
remain in the environment. In doing so, they can release toxic chemicals into the environment. And in modern,
lined landfills they do not decompose at all. Furthermore, they make recycling less feeble and may lead people
to believe that littering is ok.
1490
Ibid.
1491
Pitchel, J (2005) Waste Management Practices: Municipal, Hazardous and Industrial. CRC press, London:
Taylor and Francis p. 221
1492
. Ibid p. 223.

351
it is actually the third “R” in the waste hierarchy. The two preferred methods,
reduction and re-use get lost in the enthusiasm for recycling.

6.10 Control of Wastes

The waste regime in Cameroon does not distinguish between controlled
waste and special waste as done in some countries. 1493 It only distinguishes
industrial waste from normal waste in Section 47(3) of the Environmental Code. The
section states that “special industrial waste considered dangerous on account of
their properties shall not be dumped in stock plants receiving other categories of
waste.”
The management of waste in Cameroon is entrusted to the Urban Council as
Section 16 of the Law Regulating Councils states. 1494 This function of eliminating
household waste by the council is spelt out in Section 46 of the Environmental Code.
With the growing of domestic waste in big cities 1495 urban councils had no choice but
to grant the cleaning and collection of waste to a private cleaning company called
HYSACAM.1496 The licence to collect and deposit waste by HYSACAM is issued by
the Urban Councils as provided by the 2004 Law Governing Councils. Section 17 of
the above cited law states that it is the council which gives an authorisation to a
garbage collecting company where to deposit (dump) collected waste 1497.
Conditions could be attached to the disposal licence under the 2004 Law, but
the effects of these conditions are limited by the courts. In the English case of Leigh
Land Reclamaton Ltd v. Walsoll MBC, 1498 it was held that the only time when the
breach of a condition constituted an offence was when it related to a deposit
undertaken in breach of a condition. In other words, a breach of a condition relating
to some other matter, such as the provision of eating facilities or sign boards was not
actionable.1499
Furthermore, in England, it has however been held in the Divisional Court
decisions of R v Metropolitan Stipendiary Magistrate, exp. The London waste
1493
For example Nigeria. This is provided in see Section 10(1) of Federal Environmental Protection Act No. 58
of 1988 of Nigeria.
1494
Law No. 2004/018 of 22nd July laying down rules applicable to Councils
1495
Such as Douala and Yaoundé
1496
The functions of this company are to collect and treat household waste. Equally to sweep and mob streets,
markets and public places.
1497
In Yaoundé the is the Nkolfoulou neighborhood, in Douala we have p.k.10, and in Bamenda, the
Government Bilingual High School (GBHS) and River Mezam neighborhood among others.
1498
(1992) Env. LR.
1499
The Leigh Land Case was held to have been wrongly decided on another point.

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Regulation Authority and others and the county councils of the Royal County of
Berkshire, exp. Scott and Another, 1500 that the necessity to obtain a licence under the
Control of Pollution Act (COPA) of 1974 applied to cases where waste was being
held on a temporary basis at transfer stations not just to situations where waste had
reached its final resting place.
In Cameroon, the Ministerial Arrête 1501 provides that, a licence is given to a
garbage collecting company for 5 years renewable. It does not mention the
maximum number of renewals, which means it can be renewed as many times as
possible.

6.10.1 The Duty of Care

It is an important and novel form of liability on producers and handlers of
waste. This principle was introduced by the Environmental Protection Act of 1990 of
the UK and went into force from April 1 st 1992. Liability ceased under the previous
legislation in the UK, the moment the waste left their hands. Their liability under this
new law will now extend beyond the moment the waste leaves their control.
Although the principle or notion of duty of care is not found in the Environmental
Code of Cameroon, this concept is however of general application where appropriate
in Cameroon. Since it is not expressly excluded by statute in the circumstance (that
is in the circumstance of environmental law). However, even in the U K the concept
of duty of care in the case of waste producers and handlers should be understood
within a narrower context as provided for in the code of practice.
The term “duty of care”, is a familiar one derived from the Law of Torts and
the famous case of Donoghue v Stevenson.1502 It is a common law principle which
has been adopted by many common law countries. The central idea of the common
law principle of duty of care is that a person owes a duty to take care, not to injure
others by his acts or omissions. The duty extends down the chain of consumers who
do not necessarily need to be connected by contract.
When the duty of care principle was first introduced, it was understood as
extending liability from “cradle to grave.” In fact, the duty of the waste producer is not

1500
[1993] Env. LR 417. The divisional Court decided that the earlier decision of the divisional Court in Leigh
land Reclamation Ltd & others v Walsoll Metropolitan Borough Council was wrongly decided
1501
Arrête No. 061/MINEPDED of 16 October 2012 laying down the conditions to obtain a permit to manage
waste.
1502
.[1932] AC 562, 580

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as extensive as that. Instead, it is designed to satisfy the European ideology on the
environment that the polluter pays. The producer of waste is responsible for the
proper disposal of the waste. 1503 This means that the producer must ensure it is
transferred to a responsible carrier. The producer can no longer escape liability
simply by passing the waste onto anyone else who could include the fly-tipper or
HYSACAM in the case of Cameroon. The aim of the duty of care is:
- To prevent the commitment of one of the statutory offences;
- To prevent the escape of waste; and
- To make sure waste is transferred to an authorised person.
Therefore, the provisions focus on the control of waste prior to disposal and the
steps to be taken on disposal. Liability after transfer will be limited to failing to take
reasonable steps to detect and prevent breaches by the next person in the chain. It
is likely, therefore, that a waste producer, who complies with the rules of guidance on
transferring waste, will be considered to have taken such reasonable steps.
The duty is imposed on all who import, produce, carry, keep, treat or dispose
of controlled waste.1504 This includes special waste. The only exception in the UK is
in respect of the householder who produces domestic waste from the home but this
exception does not apply in Cameroon. In Great Britain, when people fill their
dustbins with household rubbish, they are “not holders of waste” under the Act, and
are not subject to the duty of care.
The Circular in the UK is directed at waste disposal authorities and offers
advice and interpretation of the duty of care. Local authorities are also waste
producers and are also subject to the duty of care. In their capacity as waste
collection authorities they collect, carry or transfer waste through direct labour
organisations. Where they award contracts to the private sector as in Cameroon they
will not be waste holders. However, they will be subject to the duty of care as
brokers. This means that when an authority arranges for the transfer of waste the
correct documentation will have to be produced. The Circular contains a suggested
transfer form of this purpose and urges authorities to produce standard
documentation.
The Code of Practice in the UK provides guidance on how to discharge the
duty of care imposed by Section 34 of the Environmental Protection Act of 1990. The

1503
See Section 43(1) of the 1996 Environmental Code of Cameroon.
Ibid
1504

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Environmental Code of Cameroon does not provide for it. In the UK, if a waste
producer is taken to court for failing to comply with the duty of care, the EPA can be
used in evidence. In Cameroon, the Environmental Code 1505 also provides for that. If
waste producers fail to follow the guidelines, they are exposing themselves to
prosecution.
Furthermore, this duty of care principle holds that anyone who handles the
waste must be provided with a description of the waste so that they should know
how to handle it.
Under the duty of care principle, the holder has responsibility of seeing the
waste safely on its journey. The liability may not be “cradle to grave” but is more
extensive than before when it ceases once physical possession had passed.

6.10.1.1 Who must Exercise the Duty of Care?

All persons who import, produce, carry, keep, treat or dispose of controlled
waste, and persons having control of such waste as brokers, owe a duty to take care
that an offence is not committed. There is no precise definition of “broker” in the
Code of Practice in Britain. However, the Code states that a waste-consultant, who is
directing the eventual destination of the waste, may be caught by the duty.
The law requires that all reasonable precautions and all due diligence have to
be exercised. The offence is not absolute if all reasonable steps have been taken to
prevent an escape causing damage then no prosecution will succeed. A trade
practice or custom may be evidence of what is reasonable. On the other hand, a
court may decide that a custom of the trade is bad practice. So, a review of working
practices may be advisable.
The new regulations, although they do not extend liability from “cradle to
grave” as popular opinion had it, are clearly far more rigorous than the old. They are
based on the principle that the polluter pays.
In summary, the preceding discussion suggests that the main function of the
duty of care is to encourage responsible behaviour and the development of
appropriate management systems for the storage, transfer and monitoring of waste,
rather than punish wrongdoing.

6.11 Offences
Ibid Section. 80 of the Environmental Code.
1505

355
 Section 50(2) of the Environmental Code of Cameroon provides that, “the
dumping of waste on public land shall be strictly prohibited, including public maritime
land such as defined by the laws in force”. Unless an exemption applies, Section
50(2) forbidding the dumping of waste in public places and water makes it a criminal
offence to do the following:
a) Deposit waste in or on land, unless it is in accordance with a waste
management licence. This applies to any deposit, whether temporary or
permanent, and is not restricted to directive disposal and recovery
operations.
b) Treat, keep or dispose of (directive) waste unless it is under and in
accordance with a waste management licence. This offence can be
committed either in or on land, or by means of mobile plant.
c) Knowingly cause or knowingly permit either of the above.
These offences are considerably wider than normal because they are not limited to
deposit, but extend to keeping, treating or disposing of (controlled) waste. It is clear
that offences in categories (a) and (b) above are those of strict liability but it should
be noted that (c) interposed, “knowingly” in front of both “cause” and “permit”
There was some uncertainty over the exact number of offences which could
be committed under Section 50 (2) of the Environmental Code. Is the treating,
keeping or disposing of directive waste a single offence committed in the alternative
or are there three separate offences? The practical difficulty which arises as a result
of this uncertainty is that if the latter position is correct, any indictment alleging all
three in one charge would be duplicitous (as the situation is in relation to causing or
knowingly permitting pollution of controlled waters).
In the English case of R v Leighton and Town and Country Refuse Collection
Ltd,1506 the court considered the specific question of whether there are a number of
alternative ways of committing the same offence. The court found that although each
relevant paragraph of Section 33(1) created a separate offence, each of these
offences could be committed in any of the ways specified within the paragraph. For
example, it was possible to bring a charge of disposing, treating or keeping of
(controlled) waste in a manner likely to cause pollution of the environment or harm to
human health contrary to Section 33(1) (C) of the EPA of 1990. This eases the
evidential burden on the prosecution when framing an indictment.
[1997] Env. LR 411.
1506

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 The courts have interpreted the phrase “knowingly” very strictly. In Shanks
and Mc Ewan (Teeside) Ltd V Environment Agency, 1507 the defendant was charged
with knowingly permitting the deposit of (controlled) waste in contravention of a
licence condition. It was argued that although the defendant knew of the deposit of
the waste, it did not know it was the breach of a condition. The court followed the
previous decision in Aschroft v Cambro Waste Products Ltd 1508 in taking a very strict
view of the phrase. The prosecution needs only prove knowledge of the deposit of
the waste material. It is not necessary to demonstrate knowledge of the breach of
the licence condition which gives rise to the offence. Thus, once the prosecution
demonstrates that waste had been knowingly permitted to be deposited, the burden
then falls on the defence to establish that the deposit was made in accordance with
the conditions of the licence.
It is also possible to infer knowledge. In Kent Country Council v Beaney 1509 it
was held that knowing permission may be inferred from the facts of a case where the
deposit of waste was obvious from surrounding events. The concept of constructive
knowledge was developed further in the Shanks and Mc Ewan Teeside (supra)
decision above. In that case, Mance J took the view that it was sufficient that the
defendant company (including its senior management) knowingly operated and held
out its site for the reception and deposit of (controlled) waste. Once this was
established it was necessary to demonstrate that there was any knowledge of the
specific breach of the licence conditions. This approach broadens the offence
considerably and in effect places the operators of landfill sites under a strict liability
for breaches of waste management licence conditions.
As far as the concept of causation is concerned, this has been discussed on a
number of occasions in relation to the similar offences under the Cameroon Water
Law of 1998.
However, analogies with these cases should be made with care, since they do
not consider the situation where “knowingly” is inserted in front of “cause”. This
appears to suggest that someone who orders another to deposit waste will be guilty
under this law only if it is shown that they knew the deposit was to take place
unlawfully. One provision that may help here is Section 33(5) of the EPA of the UK,
which states that where controlled waste is deposited from a motor vehicle, the
1507
[1997] Env. L.R. 305.
1508
[1981] IWLR 1349
1509
[1993] Env. LR. 225

357
person who controls the vehicle, or who is in a position to control its use, will be
treated as knowingly causing the deposit.
Any director, manager, secretary or other similar officer of a corporate body
can be prosecuted personally if the offence is committed with their consent or
connivance, or is attributable to their neglect. 1510 As stated earlier, a “manager” only
covers someone who is part of the “controlling” mind of the company. 1511 This liability
is additional to the individual liability of the person who carried out, or knowingly
caused or knowingly permitted the deposit.
Waste management is one area of environmental law where sentences of
imprisonment have actually been imposed, though they have been reserved for
serious offences and where an offender offends repeatedly. It is noteworthy that they
are few if not, no cases on waste management in Cameroon for a number of reasons
namely:
- Most of the waste collected by HYSACAM is household waste which does not
warrant serious precaution in collecting it.
- Secondly, even the people who violate the Environmental Code with specific
references to waste management are not taken to court by the authority in
charge for the reasons already mentioned in the previous chapters 1512.
An employer can be vicariously liable for the acts or omissions of his employee with
regards to waste management offences. In the Shanks and Mc Ewan (Teeside) Ltd v
Environment Agency case (supra) there was a discussion of the nature of such
vicarious liability and although the views were not central to the specific point which
was decided, it was thought that where an employee had knowledge of a deposit of
waste there would, following the Alfred Mc Alpline1513case, a “powerful” argument in
favour of fixing the employer with vicarious knowledge of that deposit.

6.12 Defences.
There is no defence in the Environmental Code with regards to dumping of
waste on land. There is a defence with the dumping of waste by a ship in marine
water under Cameroonian jurisdiction for the purpose of ensuring the ship’s security

1510
Section. 157
1511
See R v Boal, [1992] QB 591, a case on very similar wordings in the Fire Precautions Act of 1971.
1512
This explains the dearth of Cameroonian judicial authorities on this and consequently our rather heavy
reliance on foreign cases on the subject.
1513
(1610) 9 Co. Rep. 57

358
or that of other ships or to save human life. Section 83(5) of the Code provides as
follows:
The sanctions provided for by this article shall not apply to dumping by a
ship to ensure its own security or that of other ships, or to save human life,
neither shall they apply to discharges resulting from damages suffered by
the ship without the establishment of any offence against its captain or
crew.

Also, it is clear from the provision that discharges resulting from damages suffered
by the ship are excused. However, the defence will fail if the discharge resulted from
an offence against the ship’s captain or member of his crew.
In Britain, under the EPA, 1514 there is a defence to the effect that, “where a
defendant takes all reasonable precautions and exercise all due diligence to avoid
the commission of an offence but the offence is still committed, the offender will not
be liable.” This is a familiar defence that is included in many pieces of regulatory
legislation. Essentially, it involves the defendant showing either that he took
appropriate steps on the facts of the case, or that he set up an adequate system. In
many ways the requirements are similar to those laid down by the duty of care. For
example, the defence is of great use for receivers of waste (i.e. carriers and waste
disposal site operators), who may inadvertently deal with it in an illegal fashion if they
are misled by the consignor. However, it does impose quite a high standard on them
to take steps to ensure that the consignment contains what it is meant to contain. It
is arguable that this defence introduces an element of self-policing into the waste
disposal chain. For example in Durham Country Council v Peter Connors Industrial
Services Ltd,1515a system of operations which relied upon the person disposing of
waste regularly collected into a ship which had been filled with waste by another
without checking on the contents of the ship, every time, was not sufficient to come
within an analogous defence under Section 3(4) of COPA of 1974. In that case, the
court said that the collector of waste had to take care to inform itself on each
occasion that it collected the waste as to the nature of the contents of the ship. The
defence required a specific inquiry to be made of any person who knew what the
waste was and whether or not the future deposit of that waste would involve a
breaching of the Act.

1514
Section 33(7) (a)
1515
[1993] Env. L.R. 197.

359
 Furthermore, there is a defence in Section 33(7), (b) and (c) which relates to
acts carried out in an emergency in order to avoid danger to the public. The onus of
proof establishing whether or not an emergency exists rests with the defendant upon
the balance of probabilities. In Waste Incineration Services Ltd v Dudly Metropolitan
Borough Council,1516 the court viewed the phrase “emergency” (as used in a
condition of a waste disposal licence) objectively and without reference to how the
licence holder perceived a given set of facts. As mentioned earlier, the
Environmental Code of Cameroon does not contain such defences. However, if an
individual or corporate personality dumps waste wrongly because of an emergency
the offender will be exonerated from liability because common sense dictates that.

6.13 Hazardous Wastes.

Modern technological societies make use of a large number of substances
that are hazardous and toxic. The benefits gained from using these materials must
be weighed against the risk associated with their use.
Toxic and hazardous products and by-products are becoming a major issue of
our time. At sites around the world, accidental or purposeful releases of hazardous
and toxic chemicals are contaminating land, air and water. The potential health
effects of these chemicals range from minor short-term discomforts such as
headaches and nausea to serious health problems such as cancers and birth defects
(that may not manifest themselves for years) to major accidents that cause
immediate injury of death. Today, many like Love Canal, New York and Times
Beach, Missouri in the United States of America; Lekerkork in the Netherlands, Vac
in Hungary; Minimata Bay in Japan are synonymous with the problems associated
with the release of hazardous and toxic waste in the environment 1517.
Increasingly, governments and international agencies are attempting to
control the growing problem of hazardous substances in our environment.
Controlling the release of these substances is difficult since there are so many
places in their cycles of use at which they may be released.
For purposes of management and control, hazardous waste are frequently
categorised according to the process within which they are produced. For example,
they can be clinical wastes; waste resulting from the production and preparation of

1516
[1993] Env. L.R. 29
1517
This problems will be discussed in the later part of this chapter.

360
pharmaceuticals; waste from the production, formulating and use of pesticides;
waste from the production, formulation and use of resins, latex, plasticizers, glues
and adhesives, or waste mineral oils.

6.13.1 What Constitutes Toxic and Hazardous Substances?

Hazardous substances are those that can cause harm to humans or the
environment.1518 The U.S Environmental Protection Agency (EPA) defines hazardous
materials as having one or more of the following characteristics (1) fatal to humans
or laboratory animals in low doses (2) toxic carcinogenic, mutagenic or tetratogenic
to humans or other forms of life, (3) ignitable with a flash point less than 60ºC, (4)
corrosive, or (5) explosive or highly reactive (undergo violent chemical reactions
either by itself or when mixed with other materials). 1519 Almost everything that is
hazardous is toxic in high enough quantities, for example, tiny amounts of carbon
dioxide in the air are not toxic, but high levels are. Some hazardous materials fall into
several of these categories. Gasoline, for example, is ignitable, can explode, and is
toxic. It is even corrosive to certain kinds of materials. Other hazardous materials
meet only some of the criteria.1520 Though the terms toxic and hazardous are often
used interchangeable, there is however a difference. Toxic commonly refers to a
narrow group of substances that are poisonous and can cause death, or serious
injury to humans and other organisms by interfering with normal body physiology.
Hazardous, the broader term, refers to all dangerous materials, including toxic ones
that present an immediate or long term human health risk or environment risk.
Another important distinction that needs to be made is the difference between
hazardous substances and hazardous wastes. Although the health and safety
considerations regarding hazardous substances and hazardous wastes are similar,
the legal and regulatory implications are quite different. Hazardous substances are
materials that are used in business and industry for the production of goods and
services. Typically, hazardous substances are consumed or modified in industrial
process.

6.13.1.1 Hazardous Wastes

1518
Purdue, M. op.cit p. 261.
1519
Casarett and Boull’s Toxicology op cit.p. 11
1520
Polychlorinated biphenyls (PIBS) are toxic but will not burn, explode, or corrode other materials.

361
 There is no general definition of “hazardous waste” because the definitions
vary from country to country. Some countries define “hazardous waste” largely in
terms of danger to human health, others include damage to the environment.
“Hazardous” can also be defined in terms of their physical or chemical characteristics
(for example, they can be explosive or toxic) or in terms of concentrations of specific
chemicals that they contain (e.g. lead and compounds, cadmium and compounds,
halogenated organic solvents). In some countries “hazardous waste” includes
radioactive waste, in others the latter waste is the subject of special legislation
pertaining to radioactive materials only. The Environmental Code of Cameroon does
not define hazardous wastes; it only defines waste disposal and management in
Section 4. However, its enabling instrument 1521 defines it in its Section 2 as “all forms
of wastes which by its nature is dangerous, toxic, reactive, corrosive, radioactive,
inflammable constitute a danger to man and his environment 1522”.
One of the most widely used definitions, however, is contained in the United
States Resources Conservation and Recovery Act of 1976 (RCRA). It considers
wastes as toxic and /or hazardous if they:
Cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible, illness, or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed.

Working from the RCRA definition1523, the Environmental Protection Agency

(EPA) compiled a list of hazardous wastes. Listing is the most common method for
defining hazardous wastes in European countries and in some States’ laws. The
EPA has proposed that a hazardous waste can be identified by testing it to
determine if it possesses any one of the four characteristics discussed earlier
namely: ignitability, reactibility, corrosiveness, and toxicity. If it does, it would be
subject to regulation under the RCRA1524.
The international legal regimes governing the transboundary movement of
waste apply different definitions of hazardous waste. The 1989 Basel Convention
defines hazardous waste as:
1521
Decree No. 2012/2809/PM laying the conditions to collect, store, transport, recycle, treatment, and final
disposal of waste.
1522
My translation.
1523
Thornton .J & Beckwith .S op.cit.p,191
1524
Desai,B(2000) “Regulating Transboundry Movement of Hazardous Waste” 37Indain Law Journal of
International Law,p.43

362
 Those belonging to any category of waste set out in Annex 1 of the
Convention, unless they do not possess any of the characteristic contained
in Annex III, as well as waste defined as/or considered to be hazardous
waste under the legislations of export, import or transit parties.1525
Thornton and Beckwith on their part, define it as:
Waste featuring as such in the European waste catalogue on the basis that
the waste in question possesses one or more of the hazardous properties
set in the Directive1526
From all the definitions given above, it is seen that for waste to be called hazardous
it must have the characteristics to be explosive, oxidizing, poisonous and toxic. All
the above definitions contain these hallmarks.

6.14 Sources of Hazardous Wastes

The sources of hazardous wastes are the same as those already discussed
under non-hazardous wastes. The only difference is that hazardous wastes are
mostly produced by hospitals and industries.
Not all wastes are hazardous, but inadequate disposal can even make
domestic solid waste a very significant health hazard. However, it is generally agreed
that the bulk of hazardous waste is generated by process industries, the main
sources being in the chemical sector, the mineral and metal processing industries
and engineering industry. Other industrial sectors such as hospitals and laboratories
may also produce significant amounts. Radioactive wastes, although posing
significant hazards in other parts of the world, depending on their composition and
volume, will not be dealt with here in Cameroon because it has very insignificant
effects in this country. How did these thousands of hazardous wastes become
contaminated? Old industrial facilities such as smelters, mills, petroleum refineries,
and chemical manufacturing plants are sources of hazardous wastes. Regions of a
country with high concentration of ageing factories such as the Bonaberi industrial
region in Douala-Cameroon, the “rust belt’ around the Great Lakes or the Gulf Coast
petrochemical centre in the US have large numbers of super-fund sites. Mining
1525
Article 1(1) parties must inform the secretariat of waste defined as hazardous under their national legislation.
Article 3 Annex 1 list categories of waste to be controlled by reference to eighteen waste streams and twenty six
constituents
1526
Thornton, J & Beckwith S. op.cit. p. 192.The 1986 Mexico-United States Hazardous Waste Agreement goes
further to define it as “any waste, as designated or defined by the applicable designated authority pursuant to
national policies, laws or regulations,which,if improperly dealt with in activities associated with them, may
result in health or environmental damage.” Article 1(2) .But of the 1986 Canada-U.S Hazardous Waste
Agreement, Ottawa, 28th October 1986, in force on 8th November 1986 TIAS 11099,Article 1(b).

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regions such as that in Mbankomo -Yaounde are also prime sources of toxic and
hazardous wastes. Within our cities, factories and places such as railroad yards, bus
repair garages, and filling stations where solvents, gasoline, oil, and other
petrochemicals were and are still spilled or dumped on the ground often are highly
contaminated.

6.15.1 Effects of Hazardous Wastes

Exposure to hazardous materials can lead to harmful effects; to a single
organism, a population, an ecosystem or the biosphere.

6.15.1.1 Effects on Man

The effects of hazardous wastes on man range from death, ill health or loss of
amenity. Human beings can be exposed to hazardous materials through the
environment directly via inhalation, soil ingestion and dermal contact and indirectly
through food products and drinking water.
Historically, toxic materials have often been identified only after their effects
have shown up in humans or animals 1527 Asbestos was identified as a cause of lung
cancer in humans who were exposed to it on the job. An acute exposure makes an
organism ill but does not kill it, while chronic exposure to a toxic material may cause
death, for example lead which is used in paints, gasoline, and in pottery of glasses.
The chronic effects on the nervous system are most noticeable in children,
particularly when children eat paint chips.
Hazardous substances produce liver ailment and skin lesions in humans. In
high concentration, they can damage the nervous system, 1528 cause blindness and
lead to death. This was the effect of the already mentioned incident of the dumping
of hazardous waste by Source Tangui, a water bottling company at the Nkapa
neighbourhood in Douala which affected the lives of more than 2000 people.
On the 19th of August, 2006, a Dutch ship called “Probo Koala” dumped toxic
wastes in Abidjan (Cote d’Ivoire) killing 8 people and injuring thousands. The
consequence of this act by the Dutch ship led to the resignation of the Prime Minister
of that country.1529 In 1953-60, the Minimata region of Japan suffered serious

1527
Casarett and Boull’s Toxicology op.cit p. 11.
1528
Ibid
1529
BOSANGI, Le Magazine trimestriel de la proprete, Oct/Nov/Dec 2006, NO. 008, p.19

364
mercury poisoning. This resulted to the death of 120 people, 1530 and many numerous
injuries of the people who ate fish polluted by the mercury.

6.15.1.2 Effects on Animals

Harmful effects also manifest themselves in animals or cause detrimental
changes to the fauna of an affected region. DDT has been identified as toxic to birds
when robins and eagles began to die in the U.S. 1531 It was also noticed that fish-
eating carnivores failed to reproduce. Toxic waste equally produces mutations and
cause cancer in animals. For example, many animals died in the already mentioned
Nkapa incident. Equally in Onne, - Port Harcourt, Nigeria 1532 an industrial effluent
containing a high level of ammonia from NAFCON, a fertilizer company, was
discharged into the Okrika River. This resulted in massive fish killing and socio-
economic problems for the fishing industries in the surrounding villages. Over 30
million Naira was claimed.

6.15. 1.3 Effects on the Environment

Hazardous waste can be corrosive, explosive, flammable, irritant, oxidizing,
toxic or dangerous to the environment. It contaminates the environment in several
ways. Many molecules that evaporate readily are vented directly to the atmosphere
or escape from facility piping and valves. 1533 These materials are often not even
thought of as being hazardous waste. Once hazardous wastes, are produced, they
must be stored. Improper storage of hazardous wastes, or even poor book-keeping,
may inadvertently result in a release. 1534 Uncontrolled or improper incineration of
hazardous waste, whether on land or at sea, can contaminate the atmosphere and
the surrounding environment. Disposal on land in dumps that are later abandoned,
or improperly controlled landfills, can pollute both the soil and the groundwater as
materials leach below the sites.1535 This is common in Douala (Cameroon) where
1530
Atsegbua L and Akpotaire V. op.cit p.110.
1531
Ibid p.9
1532
Atsegbua L & Akpotaire, V. op.cit p. 110.
1533
The Bhopal disaster of India that took place on December 4th 1984 is a case in point where there was
accidental release of poisonous methyl Isocyanate gas from the pesticides plant of an American multinational
company (Union Carbide Corporation) due to a faulty pump and negligent operational policy. This resulted in
over 30,000 deaths, 200,000 injured and many with irreversible deformities.
1534
See the Chernobyl nuclear power plant accident which took place in 1986 .Even the more recent nuclear
accident in Japan
1535
In the US. alone, an estimated 100,000 active industrial landfill sites may be possible sources of ground
water contamination, along with 200 special facilities for disposal of both liquid and solid hazardous waste and
some 180.000 surface impoundments (ponds) for all types of waste. Nearly 2 percent of North America’s

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most of the chemical industries are located. Once groundwater is polluted with
hazardous wastes, the cost of reversing the damage is prohibitive. In fact, if an
aquifer is contaminated with organic chemicals, restoring the water to its original
state is seldom physically or economically feasible. Fortunately ground water
contamination in Cameroon is not as serious a problem as in developed countries
because Cameroon does not have the amount of chemical industries producing
hazardous wastes. Nevertheless hazardous waste anywhere must be appropriately
handled, irrespective of the quantity.

6.16 Managing Hazardous Wastes

In the past, the management of hazardous waste was always added on to the
end of the industrial process. 1536 The effluents from pipes or smoke stacks were
treated to reduce their toxicity or concentration. In 1998, in the US, the EPA reported
that the United States produced about 225 million metric tons of hazardous waste. 1537
This was 52 million metric tons less than 1991. Cameroon produces 10.15 million
tons1538 yearly. In recent years it has become obvious that a better way to deal with
the problem of hazardous waste is not to produce it in the first place. To this end, the
Ministry of Mines and Technological Development, the Ministry of Water Resources
and Energy and the Ministry of the Environment, Nature Protection and Sustainable
Development like the Environmental Protection Agency (EPA) of the US have
emphasized pollution prevention and waste minimization. Strong regulatory control
requires that industries report the hazardous waste they produce and that waste
should be stored, transported and disposed of properly. The Environmental Code of
Cameroon is silent on this, so reliance is made on the 1989 Law regulating
dangerous and toxic wastes in Cameroon. Section 3 of that Law, states that “all local
industries whose activities generate toxic or dangerous waste are required to declare
the volume and nature of its production.” The irony is that most of the industries do
not implement this section of the statute. This is why we have dangerous industrial
wastes dumped in some neighbourhoods of the country as noted above.

underground aquifers could be contaminated with such chemicals as chlorinated solvents, pesticides, trace
metals and PCBs
1536
Casarett and Boull’s Toxicology op.cit p.12
1537
Enger, E.D & Smith, BF. Op.cit p. 383.
1538
Etude pour Jeter les base de Gestion des Déchets Industriel au Cameroun. Rapport Final. Sponsored by the
Ministry of the Environment and Nature Protection and UNDP (2006) p.51.

366
6.16.1 Hazardous Waste Disposal
Most hazardous waste in the world is recycled, converted to non-hazardous
forms, stored or otherwise disposed of on-site by the generators, chemical
companies, petroleum refiners and other large industrial facilities so that it does not
become a public problem.1539 Waste abandoned by industries remains a serious
threat to both environmental quality and human health. For years, little attention was
paid to this material. Wastes stored on private property, buried or allowed to sip into
the ground were considered of little concern to the public. It is estimated that 5 billion
metric tons1540 of highly poisonous chemicals were improperly disposed of in the
United States between 1950 and 19751541 before regulatory control became more
stringent. In Cameroon, hazardous wastes have equally become a problem and that
is why various methods have been used to dispose of them. These methods have
been discussed in the earlier parts of this chapter but for two which were not. These
two will be discussed below.

6.16.1.1 Regeneration
It is another method through which industrial waste can be reduced.
Regeneration entails removing impurities from a used good (product) and re-using it.
It is different from recycling in that, with recycling the entire waste product is
transformed into a new product. For example, broken bottles, glass and broken
plastic buckets are taken and remelted. The end product is a complete new product.
Regeneration is mostly done on used oils in industries. In Cameroon
companies such as NETTOYCAM, BOCOM, BOCAM and TOULA carry out
regeneration of used industrial oils. These companies treat about 20 tons of used oil
daily and a yearly quantity of 7,400 tons. 1542 These companies treat used oils from
ships, service or petrol stations, heavy duty vehicles, garages specialized in draining
used oils from cars, and oils used in industries. Despite this advantage of reducing
pollution by regeneration, the Environmental Code is silent on it. It is suggested here
that, it should be enshrined in the Environmental Code. For if this is done, all
companies which are not doing it, will be forced to or faced the consequences of
violating the law. This will reduce pollution by industrial waste.

1539
Defra, Waste Strategy for England, 2007 Defra: London, 2007 (www.defra.gov.uk)
1540
Enger, E.D & Smith, B.F op.cit p. 38.
1541
Ibid.
1542
Ibid

367
6.16.1.2 Land Disposal
When all other options of hazardous wastes disposal have been exhausted
any remaining hazardous waste are typically disposed of on land as
Desai1543confirms. However, this wastes dumping site should not be located where
other wastes which are not toxic are dumped. This confirms what Section 47(3) of
the Environmental Code states. It reads:
Special industrial waste considered dangerous on account of their properties
shall not be dumped in stock plants receiving other categories of waste
In Cameroon, there is no special site for the dumping of toxic industrial waste for the
moment. However, there is a tentative one at Njombe, a small town situated on the
old Douala road in the Littoral Region. When the site will be confirmed with time after
fulfilling all the technical conditions, it will be a permanent site to discharge toxic
1544
industrial waste. The site can receive between 2,000 to 3,000 tons of waste
yearly. Attention should be drawn here to the fact that, the Environmental Code does
not accept the dumping of waste whether toxic or domestic on Cameroonian soil.
This is affirmed by Section 50(2) which stipulates that:
The dumping of waste on public land shall be strictly prohibited, including
public maritime land such as defined by the laws in force.
The question that comes to mind is what will happen when the Njombe region will be
confirmed? The only way out is that this section of the law should be revised to
permit dumping of waste on land whether an authorization is gotten from the
administration or not. It is common knowledge in the entire world that waste is
dumped on land with the permission of the authorities in charge - Cameroon cannot
be an exception. However this problem has been solved by the Ministerial Arrête of
20121545 which provides in its Article 1 that anybody who wishes to dispose of waste
whether toxic or non-toxic must obtain a permit to do so. Article 3(1) stipulates that
this permit is issued by the Minister of the Environment, Nature Protection and
Sustainable Development. Another difficulty raised by this section 50(2) of the
Environmental Code is that, it does not distinguish between toxic (hazardous) and
non-toxic waste. It states simply that “the dumping of waste on public land shall be
strictly prohibited…” This makes this section difficult to apply with regard to waste
1543
. Desai, B. op.cit. p. 43.
1544
“Le Cameroun dans les Déchets Industriel,” Les Cahiers de Mutations, vol. 029, Mai 2005, p. 5.
1545
Arrête No. 001/MINEPDED of 15 October laying down the conditions to obtain permition on waste
disposal.

368
disposal. The disposal of non-toxic waste has no problem whether it is dumped on
land or buried because it is not poisonous. On the other hand the disposal of toxic
waste raises eye brows because it is poisonous. That is why its indiscriminate
disposal by individuals or companies should be prohibited except the authorities in
charge are consulted.
About 80% of the hazardous wastes of North America, Europe and Japan 1546 rely
principally on six methods of disposal namely:
1) Deep-well injection into porous geological formations or salt caverns.
2) Discharge of treated and untreated liquids into municipal sewers, rivers and
streams.
3) Placement of liquid waste or sludge in surface pits, ponds or lagoons.
4) Storage of solid waste in specially hired dumps covered by soil.
5) Storage of liquid and solid wastes in underground caverns and abandoned
salt mines.
6) Sending waste to sanitary landfills not designated for toxic or hazardous
waste
There are techniques that reduce the chance that hazardous materials will escape
from these locations and become a problem for the public. Immobilizing a waste puts
it into solid form that is easier to handle and less likely to enter the surrounding
environment. Waste immobilization1547 is useful for dealing with wastes, such as
certain metals that cannot be destroyed. Once a waste has been immobilized, it can
be disposed of in a hazardous waste landfill. Some of the six methods cited above
should not be encouraged in Cameroon. For example, discharge of untreated waste
into rivers and sewers. Most of the industrial wastes in Cameroon is not treated.
Therefore, if this is encouraged or accepted in Cameroon, then most industries will
dump toxic untreated liquid and solid waste into rivers and sewers which will provoke
water and land pollution.
Today, the two most common methods for disposing hazardous waste are
land disposal and incineration. The choice between these two methods involves both

Desai, D. op.cit. p. 44
1546

Two popular methods of immobilising waste are fixation and solidification. Engineers and scientist mix
1547

materials such as fly ash or cement with hazardous waste. This either “fixes” hazardous particles, in the sense of
immobilizing them or making them chemically inert or “solidifies” them into solid mass. solidified waste is
sometimes made into solid blocks that can be stored move easily than can a liquid

369
economic decisions and acceptance by the public. In North America 1548 like in
Cameroon, there is abundant land available for land disposal making it the most
economical and most widely used method. In Europe and Japan where land is in
short supply and is expensive, incineration is more economical and is a major
method for dealing with hazardous waste. Because of the concern about emission
from incinerators, significant amounts of hazardous waste are incinerated at sea on
specially designed ships.
Laws and regulations dealing with hazardous waste disposal are driving
industrial behaviour towards pollution prevention and waste minimization. In addition,
because the costs of safe disposal are mounting, waste handling firms, private and
public, are looking for better and cheaper ways to treat and dispose of hazardous
wastes. Strong, enforceable laws have eliminated the economic incentives to pollute.
Unfortunately, as strong laws have been enacted, some small companies who are
unable or more likely, unwilling to properly dispose of their waste, have tuned to
illegal night time dump1549
The environmental cost of not managing hazardous waste, as witnessed in
virtually every industrialized country is astronomical. 1550 And because major
generators of waste remain liable for past mistakes, economic and regulatory
incentives for complying with hazardous waste regulations should continue to
encourage responsible management

Conclusion
It is clear from this chapter that national rules relating to waste are, with a few
exceptions, aimed at regulating the disposal of waste rather than preventing its
generation. Furthermore, the problem arising from waste management is not only
that there are not enough laws but rather that even the available ones are not well
enforced.
It is equally visible that the main problems facing waste management in
Cameroon are that most industries have a poor waste management standard.

1548
Godufsky , J.L. (1998) “Transboundry Shipments of Hazardous Waste for Recycling and Recovery
Operations”34 Stanford Journal of International law. P 222
1549
This was the reason that made the company producing mineral water called Source Tangui to dump its toxic
waste at the Nkapa neighborhood-in the littoral region which led to environmental pollution .Many people living
in that area’s health was adversely affected.
1550
Ibid.

370
Economic consideration seems to be the primordial consideration of industries rather
than environmental considerations as enshrined in the legislation.
Regulating disposal has a certain logic: there is some evidence to suggest
that a tightening of the international and national disposal regulations will increase
costs and that this might act as an incentive to encourage people to generate less
waste. On the other hand, it seems clear that limiting the avalanche of waste which
is now threatening to engulf industrialised countries (and will presumably follow the
same path over time for developing countries) requires the development of strategies
and legal rules which address the waste problem at source by preventing its
generation.
It is also noted that if the activities of man are properly checked and regulated
to protect and preserve the environment, especially its land, water and air, then the
problem associated with waste can be minimized.

371
 CHAPTER SEVEN
NON ENFORCEMENT OF POLLUTION LAWS IN CAMEROON

Introduction
The preservation and enhancement of the human environment is obviously
one of the most pressing tasks of mankind today. Just as man continues to do with
anything he thinks he has in abundance, man has indeed misused his environment
to the point that unless far reaching protective measures are taken and quickly too,
we may soon suffer the fate of the dinosaurs which are now of archaeological
interest only, with the difference, however, that in our case we ourselves would have
caused the global cataclysm.
What is even more alarming in this connection is the fact that environmental
pollution appears to result not only from the unguided activities of the unenlightened
populations, but also and perhaps more seriously, to be a direct function of scientific
and technological advancement. It is upon this dangerous trend that Mahamat
Gandhi was trying to draw attention when he made his famous observation reported
by Hingorani, namely, that “while wildlife is decreasing in the jungles, it is increasing
in the cities”1551
Of course, if this be the case, as it seems to be, then we might well be in a
“head or tail you lose”[sic] kind of situation as Hingorani posits1552
Fortunately, for a couple of decades now some rays of hope have been
appearing quite regularly, both locally and internationally, on this rather dark horizon,
suggesting that in this matter just like in the other, fatalism does not exist.
In reaction to these happenings, governments including that of Cameroon
have generally adopted administrative and legislative, measures aimed at a better
management of the environment. The United States showed the way by enacting the
National Environmental Policy Act (NEPA) in 1970, which led to the establishment of
the National Environmental Protection Agency (NEPA) at about the same time. Other
countries especially in Europe followed the example of the USA, and European
Community Directives in the matter were integrated in the domestic laws of member
countries under Article 189 of the Treaty of Rome.1553

1551
Hingorani, R.C. (1982), Modern International Law. Oxford and IBH Publishing Co 2nd Ed. P. 287.
1552
Ibid
1553
Dada. Supra p. 221.

372
 The concept of environmental law in Cameroon in particular and Africa in
general is rather dynamic considering that its policy and judicial basis has moved
over the years beyond the necessity for the mere control and management of
environmental health hazards to the need for the prevention of environmental
pollutions generally through legal policing. The reasons for this rapid paradigm shift
in Cameroon in recent years may not be divorced from the damaging effects of
environmental pollution and the need to redefine our hitherto concept of
environment.
To highlight this issue in a bid to protect the environment, a Nigerian states-
man, Prince Bola Ajibola1554 stated concerning this issue thus:
It is the policy of the administration to vigorously pursue the protection of the
Nigerian environment in order to preserve the quality of life of all citizens and
conserve the resources for the benefit of future generations of Nigerians 1555.
The control and regulation of the use of the environment by all nations is therefore
essential. Laws which achieve this purpose, provide the framework for such
regulation and control.
Different types of environmental laws exist in various countries. They vary
from being very stringent and complex, as in the USA and many other developed
nations, to being scanty or non-existent, as is the case in some of the least
developed countries. The direct proportion between efficacious and stringent
environmental law and development is therefore not coincidental. Development and
environment are inextricably linked, and under past and current processes, one is
achieved at the expense of the other. The developed nations had the luxury of being
able to develop without giving thought to the environment.
Increase in industry and in energy consumption was considered inevitable for
development and as factors that could not be interfered with for any reason. This is
no longer the case. All nations, rich or poor, have no alternative but to be concerned
with the environment1556
In this chapter, we shall consider the problems militating against laws
protecting the environment with a view to finding ways of addressing these
problems. A Cameroonian perspective is adopted for this purpose.
1554
A former Attorney General of the Federation of Nigeria and later a judge of the International Court of Justice
at The Hague.
1555
Shyllon, F. (1989) “The Protection of the Nigerian Environment through Law” in the Law and the
Environment in Nigeria .Ibandan vantage publishers, 1st Ed. P. 10.
1556
Omongbe, y. op.cit p. 200.

373
7.1 Definition and Meaning of Enforcement
Environmental Law is generally considered to be a law or collection of laws,
which aims at the protection of everything, land, air, water, human beings, flora and
fauna.1557 It will be useless if it is not enforced. The concept of law enforcement in
the context of environmental law can be taken to mean compelling obedience to
environmental law and therefore, making laws effective. 1558 A programme of
environmental regulation is only as good as its enforcement mechanism. The best
standards in the world accomplish nothing unless they are complied with, and purely
voluntary compliance cannot be expected within our social and economic
institutions. What then is enforcement? Black’s Law Dictionary defines it as “the act
or process of compelling compliance with a law, mandate, command, decree, or
agreement.”1559 This definition is very explicit and so is endorsed in its totality.
“Enforcing the Law” to an environmental lawyer or sanitation officer, means
“securing compliance with the law through persuasion and advice rather than
through apprehension and subsequent punishment of offenders.” 1560 Environmental
law is regarded as a means to an end and not an end itself. Sanitation or
environmental officers prefer not to be associated with being the members of an
“industrial police force,” but as teachers and servants of the local community. 1561
A clearer distinction has been drawn between “compliance” and
“enforcement” by Wasserman.1562 She has defined “compliance” as a state in which
environmental requirements are met and maintained.” “Enforcement” is the use of
legal tools to assist in, and compel compliance with environmental requirements.
We share her opinion in its entirety for the following reasons. Firstly, Hornby
and Cowie1563 define “compliance” as “to force action in accordance with a request or
demand”. On the other hand, they define “enforce” as to force people or something
to obey the law or make something effective, or make something happen by force”.
Secondly, in Part VI of the 1996 Environmental Code, which contains inter alia a

1557
Simpson. S and Fagbohun. O op cit p. 1.
1558
Ibid.
1559
Garner, A. op.cit.p., 569.
1560
See Ball, S and Bell, S (1991) Environmental Law and Policy Blackstone Press Ltd, 1st ed. P. 2.
1561
See Hutter, B “The Reasonable Arm of the Law” cited in Bell, S and Bell, op.cit., p.95.
1562
Wasserman, M.S., (1994) “Principles of Environmental Law Enforcement and Beyond Building Institution
Capacity.” Paper presented at the International Conference on Environmental Enforcement at Oaxaca, Mexico
April 1994, see extracts in the Guardian Monday, May 16, 1994, pp. 15 and 25.
1563
Authors of the Oxford Advanced Learner’s Dictionary of Current English (1993) Oxford University Press 3rd
ed. PP 336 and 398.

374
portion dealing with “enforcement powers,” 1564 the law does not provide for voluntary
compliance but delves straight into powers of inspection, search, and obstruction of
officers ending with offences, penalties and liabilities for injuries. Similarly, in the
British Environmental Protection Act, while providing for “enforcement,” the Act
includes issuance of enforcement notice, appeals by aggrieved persons,
appointment of inspectors and their power to enforce compliance and deal with
administrative, investigative and litigation resources. 1565
After explaining what enforcement and compliance is, we will now focus on
the reasons why environmental laws are not well enforced in Cameroon.

7.2 Lack of a Complete Text of Application.

A text of application is the detailed part of a law explaining certain issues that
could not be dealt with in the main law itself, such as its modalities of
implementation. The 1996 Environmental Law regulating environmental issues in
Cameroon does not yet have a complete text of application. What exists is just a part
because it concerns only environmental impact assessment, noise and nuisance
and waste management. The law regulating environmental impact assessment,
noise nuisance and waste management is just a minute area of this code.

7.2.1 Effects of Implementation Instruments

In Cameroon there is a process of “purification” of laws. This means that after
laws are promulgated they do not immediately go operational until an enabling
instrument-the Decree of Application, is issued and passed by the competent
authority, which would officially authorise the application of the said law. The Decree
of Application usually brings in some details, precision and conditions of applying the
law. In fact, laws promulgated in Cameroon leave much to be done within such
decrees so that the latter have become the true laws while the laws themselves
mere “paper tigers”. Worse still, such instruments are usually belated. The legal
malaise this attitude provokes may be unprecedented and the consequences
immeasurable. No one can tell when the competent administrative authority will use
his discretion to enact the said instruments. They are, however, usually belated and
as such some laws remain dead letters for many years before the instruments are

1564
Section 88(1) to (3) of the Code.
1565
SS 114-121 UKEPA Cap. 43 (90)

375
passed. Part of the 1996 Environmental Code’s Decree of Application for example,
has been lying in the Prime Minister’s Office for years now. Nobody knows when the
instrument will be ready.1566 The consequence is that the issues, which the law
sought to treat, may have been greatly transformed, if not ceased to exist altogether,
thus requiring its modification or total repealing. Reforms carried out in such laws
cannot be considered handy or reliable. This is a serious setback that can hamper
any legislative effort of this magnitude since it tends to weaken the actual reforms.
But it should be remarked that it is typical of government’s attitude not only as
regards the present environmental code but that governing every other area of
legislation in Cameroon. This might lead to another problem namely, instability of the
law.

7.3 Instability of Laws

Instability of the law is also an aspect of uncertainty of law. Laws in
Cameroon are very volatile in nature. This is caused by constant modifications
and/or repealing of laws shortly after they are enacted. The Cameroonian legislator
never seems to address the future by trying to foresee subsequent societal changes
and adopting laws, in consequence thereof. These changes, when they come,
always seem to be a surprise. Yet legislative draftsmanship requires that a law
should as much as possible, look far ahead of time and make provision in
consequence. It would even appear that the Cameroonian legislature is not even
conscious of the prevailing exasperating situation and the legal malaise it causes.
Contradictions and instability of laws do not only choke the legal framework
for the treatment and eventual protection of the environment in Cameroon, but also
equally cause stagnation in cases where the law is awaiting authentication by
subsequent enactments. This can only encourage regulatory hurdles in particular,
and confuse the legal framework as a whole.1567

1566
A discussion with Mr. Akwa Patrick Kum, Secretary General of the Ministry of the Environment, Nature
Protection and Sustainable Development. Equally, see for example Law No. 90-52 of 19 December 1990
relating to Freedom of Mass Communication whose decree of implementation with regards to the audio-visual
media was passed ten years later.
1567
This is in support of Francis Bacon when he stated that “he that will not apply new remedies must expect
new evils”. See Simpson. S & Fagbohun. O. Op.cit., p.101.

376
7.4 The Almost Monolingual Nature of Laws
Cameroon is a bilingual country with French and English being its two official
languages. All legal texts should be published in these two official languages 1568 in
the National Gazette. However most often, this is not what obtains. Texts are often
conceived in one of the official languages (usually French) and so have to be
translated into the other language. Quite often, an English version never ever sees
the light of day!
It should be recalled that the Constitution of Cameroon makes it clear that
English and French are the two official languages of co-equal status applicable in
1569
the country. Throughout this research we came across very few laws in English
that are relevant to this study.1570 The rest had to be translated from French into
English, without being sure that the translation is efficient. This is a very big
handicap for if the translation is not apt then the analysis will not equally be
scientific. Secondly most of the jurist, magistrates and academics who are not of the
French expression do same. In most cases the translation is poor thus hampering
the passing of a sound judgement in court. This might lead the victim to
unpredictable outcome.
There is a further problem of the officially translated texts. In the process of
translation, errors may slip in, thereby deforming the sense of a statutory provision.
For example, Section 60(1) of the 1996 Code is poorly translated from French to
English. The French version reads : “sont interdites les émissions de bruits et
d’odeurs susceptible de nuire à la santé de l’homme, de constituer une gêne
excessive pour le voisinage ou de porter atteinte à l’environnement”. Meanwhile, the
English version reads “the emission of noise and odours likely to be harmful to
human health, excessively inconvenience the neighbourhood and endanger the
environment shall be prohibited”1571.
The natural upshot of poor translation, coupled with the fact that the legal
framework is overcrowded with texts, is uncertainty and confusion. Certainly, one
1568
See Section 1(3) of the revised 1996 Constitution of Cameroon. It states that “the official languages of the
Republic of Cameroon shall be English and French, both languages having the same status”.
1569
Section 1(3) of 1996 Constitution as revised in 2008.
1570
The researcher saw only the 1996 Environmental Code, the Fertilizer law of 2003, the Mining Code of 2001,
the Petroleum Code of 1999, the Forestry and Wildlife law of 1994, the Cameroon Penal Code of 1967 etc.
1571
Without being a professional translator, it is hard to see how these two versions of S.60(1) can be said to
mean the same thing. To contend oneself that they do would be a grave error and an illusion with potentially
unfortunate consequence for the judiciary and public at large.

377
may be basing an analysis on a repealed text not knowing or, on a poorly translated
version, which is dangerous. This is a common problem with the legal frameworks
governing different issues in Cameroon. The problem of proliferation of texts,
particularly, has led to what has been described as uncertainty of law.1572

7.5 The Legal Infrastructure

“Legal infrastructure” is used here to mean, the jurisdiction, locus standi,
choice of law and the legal experts involved in the enforcement of environmental
law.
It is trite knowledge that no matter how good or potentially good, a law may
be, unless it is enforced and properly administered, its subjects will never enjoy the
benefit of its existence. Hence, although there is the continuous need for regulatory
legislation in the area of environmental conditions of a country, there must be the
corollary of a strategic control through their vigorous application and vigilant
enforcement as well as their equitable administration. Thus, the infrastructural aids
to a successful application of the law must be established. An adequately
remunerated and dedicated corpus of enforcement and administrative personnel
must also be put in place and suitably equipped for their task.

7.5.1 Jurisdictional Issues

From a legal perspective, “jurisdiction” is a term which is used contextually. It
may refer to the competence of a court to hear and determine a matter. For a court
to have the power to hear a case, the court before which it has been taken must not
only be in position to decide the point in issue, it also must have jurisdiction over the
subject matter of the case and jurisdiction over the parties to the case. In the words
of Oputa, J.S.C:
… jurisdiction is a radical and crucial question of competence. Either the
court has jurisdiction to hear the case or it has not. If it has no jurisdiction,
the proceedings are and remain a nullity however well conducted and
brilliantly decided they might otherwise have been. The reason is that the
defect in competence is not intrinsic to, but rather, it is extrinsic to
adjudication.1573

1572
Ngwasiri, C.N. et al (1997). ”The Informal Sector in Douala –Cameroon: A Survey of Street Vendors.”p.45
1573
The Attorney General Lagos State v. The Hon. Justice L.J Dosumu (1989) ANLR, 504 pp. 511-512.

378
Generally, jurisdiction over the subject matter is said to be present where the case is
of the type which the court has power to hear. However, whichever sense is
employed, jurisdiction in proceedings raises a number of issues, which are
examined sequentially below.
The Environmental Code of Cameroon embodies government’s strive to instil
a sound justice system and to encourage speedy and efficient handling of
environmental disputes (defaulters) as she has done in other areas 1574.
Following the Organizational Chart of the 2006 Law 1575 on Judicial Organisation,
there are four courts with ordinary jurisdiction. Three are of interest here because
they have competence to entertain environmental disputes. Two of the three have
original jurisdiction (court of First Instance and High Court) and one has appellate
jurisdiction (Court of Appeal). The Court of First Instance and High Court have
original jurisdiction in civil, commercial, labour matters amongst others, depending
on the amount claimed or sought to be recovered.
It is worthwhile noting that the competence of the courts of First Instance and
High Courts in the new Organizational Chart introduced by the 2006 Law, has been
upgraded as compared to their hitherto respective competence under the old law
(1972 Ordinance as amended in 1989) with respect to civil, commercial and labour
matters. Under the old law, the Court of First Instance was competent to handle civil,
commercial and labour matters where the total amount of damages claimed or the
debt sought to be recovered did not exceed CFAF 5 million and, the High Court, any
amount above that amount. Before the amendment of the 1972 Ordinance in 1989,
the respective limits were based on 500,000frs.
It is important to note that the 2006 law seeks to eliminate conflict of
jurisdiction. It provides a stabilisation clause with regard to actions pending before
the High Court, prior to its entry into force, to avoid problems of competence
between the High Court and the Court of First Instance. Since the latter’s financial
competence has been upgraded to encroach on the former financial competence of
the High Court, it means that either the court of First Instance would claim
jurisdiction over a pending matter (on entry into force of the law) because the
amount of damages claimed is less than 10 million frs, or the High Court would

Such as investment in general and foreign direct invest in particular.

1574

Law No. 2006/015of 29 December 2006 on Judicial Organization in Cameroon. This law makes major
1575

changes to the long standing Law No. 72/4of 26 August 1972 on Judicial Organization in Cameroon as
amended.

379
simply desist its jurisdiction because the amount is less than 10 million frs in
conformity with its new competence. As a transitional measure, Section 33,
therefore, states that the High Court would continue to entertain matters pending
before it prior to the enactments of the 2006 Law, even where the amount in
damages claimed does not exceed CFAF 10 million.
Even with this modification, a problem is still posed because Sections 79-
841576 do not state a fixed amount of fine which is supposed to be meted out to the
defaulter. It gives just a range. For example section 83 1577 provides that any captain
of a ship who is guilty of dumping hydrocarbons or other marine waters under
Cameroonian jurisdiction in violation of the provision of this law and its enabling
instruments or international conventions relating to the prevention of marine pollution
to which Cameroon is a party, shall be liable to a fine of from 10,000,000 (ten
million) to 50.000.000 (fifty million) CFA Francs and a prison sentence of from 6
months to 1(one) year or only one of these two sanctions.
When a ship captain breaches this provision he or she warrants punishment.
The quantum of damages is given by the judge. The court that will have the
jurisdiction to entertain this matter will be determined by the quantum of damages
awarded by the judge and this can only be done after hearing the matter. So if the
matter was taken to the Court of First Instance and after hearing, the Court awarded
20,000,000 frs as damages and this is above the competence of the Court of First
Instance, what will happen? Will the matter be transferred to the High Court? This is
a grievous problem that plagues this Environmental Code. It is submitted here that
the quantum of damages should be fixed so that the jurisdiction of the court should
be known. This will avoid confusion and enable the code to be enforced efficiently or
easily.

7.6 The Complexity and Cost of Litigation

One of the chief functions of any legal system is that it should provide an
effective mechanism for the settlement of disputes between members of the society
that the system serves. Litigation is a judicial process by which national and
international courts determine and enforce the rights and obligations of the parties.

1576
1996 Environmental Code
1577
Ibid.

380
 1578
The term litigation has been defined as a contest in a court of law for the
purpose of enforcing a right or seeking a remedy. The culture and process of
litigation vary from one legal system or country to another, as the case may be, but
the essential features are the same .They are based on the adversarial setting as in
the common law system or the inquisitorial as in the civil law system. Consequently,
it is the application, interpretation and enforcement of law that often result in
litigation. In the context of environmental litigation in the United States, Wenner
surmised this basic idea when she stated that:
it might be hypothesis… that soon after the passage of each new law the
courts would process a number of important interpretative cases and later
would settle down to routine enforcement actions1579
In this sense, litigation can be broadly classified into private and public litigation. The
former relates to suits between citizens and is concerned with the definition,
regulation and enforcement in cases where both persons in whom the right inheres
and the person upon whom the obligation is incident are private individuals. On the
other hand, public litigation is concerned with the definition, regulation and
enforcement of rights in cases where the state is regarded as the subject of the right
or object of the duty.
For private litigation, the rules as to who can go before the court to protect the
rights concerned are clear. It is the victim because he is the one who has personally
suffered a legal injury. The problems and complications come to the fore when the
issue at hand is in the realm of public litigation. The problems can be seen for
example, where company “B” in the course of its lawful activities emit noxious
wastes into the air and water surrounding its work area. The particulate air pollution
settles in part on the house of Mr. “P” down the street, but much of it remains air-
borne and the air and water of the town is fouled invariably. The pollution caused by
“B” produces no immediate provable effects in any single area but it has proved
quite deadly to the fish in the local stream. Who has the right to sue “B”? Assuming
“B” has been granted a licence by Agency Q to carry on the activity involved; can
“P”or any other member of the public seek judicial review of the grant of the licence?
Straight away, P has a right to protect his own interest, at least, so far as his
property rights are concerned. It is however, a vexed question whether the

1578
Garner B.A( Ed) (2009) Black’s Law Dictionary, 9th ed. West printing press. P. 841.
Grinlington,D(1990) “Environmental Era and the Emergence of Environmental Law in Australia—A Survey
1579

of Environmental Legislation and Litigation(167-1987)” 1st Ed 7E P H J. 74

381
fisherman or other citizens of the area who breathe the air can demonstrate that
their legally protected interests have been harmed or that they have suffered an
existing or imminent legal injury. If the state (being the one legally) enjoined to
protect public rights lack the resources and expertise to engage B in a legal battle or
are not inclined for political reasons to go after Q, the likelihood is that the pollution
will continue unabated.
As time went on things began to change in the world and Cameroon inclusive.
This inspired a change in legislative approach in the area of environmental
protection. Going by the swiftness with which the 1996 Environmental Code was
promulgated and the way other related pieces of legislation (sectoral codes)
followed, the fine sounding sentiments were that both private and public
environmental litigation in Cameroon has now been put in a slight vantage position.
As earlier noted, the idea of litigation is to accord parties the opportunity to
resolve their disputes before a neutral arbiter. Such resolution is, however, not so
simple, yet most Cameroonians do not go to court when they suffer environmental
damage because of a number of reasons namely ; they do not have the required
finances to file a law suit, secondly, most do not know their environmental rights and
lastly most do not know that environmental laws exist. Even those who know that the
law exist do not have the zeal to go to court because they know or feel they may
lose the case.1580
The big question is how then can environmental law be enforced to fight urban
pollution? Even those who have the zeal to litigate (individuals and companies) must
have locus standi.

7.7 Locus Standi

It is an elementary but most fundamental principle of virtually all adjectival
jurisprudence that a party who commences an action must have the locus standi to
do so. The plaintiff must show that he has sufficient interest 1581 in the matter and not
a mere busybody parading the corridors of the court for the fun of it. What then is

1580
Mr. Ngwa is a worker of Foundation for Environment and Development (FEDEV), an NGO located in
Bamenda. He made this comment at a workshop titled “Strengthening Capacity for Effective Access to
Environmental Justice.” A workshop organise for environmental lawyers by FEDEV on the 20th to the 30th of
July 2010.
1581
For the test of sufficient, see generally Hon Justice Ovie-Whysky and Ors v Chief Olawoyin and Ors(1985) 5
NCLR 156:Chief Ojukwu v Governor Lagos State and Ors(1985) 2NWLR(pt 10) 806 Prince Madara V Military
Governor Oyo State(1986) 3NWLR(pt27) 125.

382
locus standi? Black’s Law Dictionary defines locus standi as “the right to bring an
action or to be heard in a given forum”. 1582 Jovitts’ Dictionary of English Law 1583
further defines the term to mean “a right to appear in court and conversely to say
that a person has no locus standi means that he has no right to appear or be heard
in such and such a proceeding.” The lack of a locus standi therefore means that
there is no case for the court to hear, much less for the other party to respond.
The ability to institute legal action is a virility test adopted in many jurisdictions
to enhance or reduce the ability of persons or organisations. Even in judicial systems
that guarantee freedom of access to justice, specific regulators can sometimes
preclude the exercise of such right, or prescribe procedures which render the right
nugatory.
The experience of citizens and organisations who have experimented with
bringing legal proceedings in matters in which they cannot show “sufficient interest in
the matter” are salutary in this regard. One cannot however safely say that the
attitude of the courts depends on the cause of action to be litigated and therefore
grant locus standi in constitutional matters, they are likely to refuse it in state
security, electoral and environmental matters, 1584
As previously noted, the treatment of environmental law in a holistic sense, is
a recent phenomenon in Cameroon and it is for that reason that it is too early to form
an impression on the attitude of the courts to environmental litigation vis-à-vis locus
to sue.
Cameroon is not different from other jurisdictions in the sense that reluctance
from the judiciary to grant locus to individuals in environmental matters, has been
the driving factor in the pursuit of citizens. Since that machinery did not envisage a
role for private citizens, a combination of weapons has been fashioned to overcome
the disability.
In India for instance, most environmental law litigations have centred on the
appalling level of pollution which government seemed unwilling or unable to do
something about. In one such case the Supreme Court of India in the case of Mehta

1582
Garner,A op cit p.960
1583
Jovitts Dictionary of English Law (1994) 2nd Ed. Cambridge University Press. P. 225.
1584
See the case of Thomas v Olufosoye(1985) 3NWLR(pt 13) 523.see also Gani Fawehinwi v Central Bank of
Nigeria and 4Ors.Case No. FHL/L/CS/53/92:Adesanya v President of Federal Republic of Nigeria(1981)
5SC,112,Fawehinwi v Akilu(1987)NWLR(PT 67) 797

383
v. Union of India1585 upheld the right of a citizen to litigate issues relating to the
pollution of River Ganga. The court held inter alia that:

On the facts and in the circumstances of the case, we are of the view that
the petitioner is entitled to move this court in order to enforce the statutory
promise which impose duties on the municipal authorities and the boards
constituted under the Water Act.

In the famous “Green Peace Case”1586 Otton, J. also held that although Green Peace
did not have a statutory interest, the fact that 2,500 of its members live in the vicinity
of the location of a nuclear plant, and that Green Peace was a responsible and
expert body which could assist the court in mounting “a carefully selected and
focused relevant and well-argued challenge”, he would grant locus to Green Peace.
From the above decision, it can consequently be concluded that it is only
where it could be shown by a person that the discharge of polluting substances is
unreasonable in that it has specifically interfered with his use and enjoyment of his
land that he would be entitled to compensation for the harm caused to him 1587. Even
in such situations where the harm sustained is to all members of the public at large,
a plaintiff would be denied standing to object the polluter’s behaviour unless he can
show that he sustained specific or special damage that was distinct from the
damage that all members of the public at large sustained. 1588 The issue of locus
standi is a major problem when it comes to bringing actions for environmental
damage. Efforts have been made in various jurisdictions to water it down.
In Nigeria, the courts have over the years expressed their anxiety over the
vexed issue of standing. This can be illustrated by the views expressed by a learned
jurist of distinction Akinola Aguda when he commented 1589 that:

1585
Mehta v Union of India AIR(1968) SL 155.
1586
Green Peace v E.C.Commission 1998 EVR
1587
ibid
1588
The principle theory in use is that of nuisance and this is in most time distinguished as either private or
public and in some jurisdiction statutory. It is private when the unreasonable use of one’s property causes
substantial interference with the enjoyment or use of another’s land. On the other hand, public nuisance arises
from some act which causes inconveniences or damage to the public in the exercise of rights common to
everyone. This, under the Common Law remains the closest of private efforts being used in aid of
environmental problems of pollutions. It allowed for limited private actions in the area of public rights.
1589
In his article titled “Prospects for stability of the 3rd Republic” published in the National Concord of Monday
November 7th 1988 at p.7. See also the view of Prof. Nwabueze in his book “Presidential Constitution of
Nigeria” (1990) 1st Ed. Lagos University Press p. 331.

384
 One paramount concept which must agitate the minds of all those called
upon to administer the judicial process is the slippery one of locus standi. If it
is not properly handled it may lead to the people losing confidence in the
ability of, or willingness of the judiciary to provide adequate machinery for
the actualisation of many of the fundamental rights provisions. Here again
may I plead that our judiciary must remind itself that this is a unique country
with problems unique to itself and which cannot be solved by capitalizing on
solutions of similar problems provided in another country

The high point of the criticism of the common law concept of locus standi as
originally formulated and made applicable to Nigeria was made by P.A. Oluyede. He
noted that, 1590
Adesanya’s case turned1591 on the question whether Senator
Adesanya had any locus standi to litigate in the matter in the absence of any
sufficient personal stake. According to him, it was predicated on this question that
the Supreme Court consequently refused to look at the substance of the case. 1592
After his critical review of the concept in the way it operates in modern day
Nigeria, he concluded as follows:

The danger posed by this common law monster called locus standi
doctrine in Nigeria of 1988 is potent and must be nipped in the bud before
it does any further harm. The injustice can be arrested by the Supreme
Court overruling itself in this matter. But if the opportunity is long in coming,
it is further suggested that the law makers should adopt what is done in
Sudan where section 62 of the constitution provides that: Advocates shall
defend the constitutional right of the citizens and shall adhere to the ethics
of the law profession in accordance with the law.1593

1590
In his paper titled, “Discretionary Power: Bane of Administrative Justice in Nigeria,” presented at the
second Anambra Law Conference in 1988.
1591
Some other commentators have argued that the decision turned more on the issue of “estoppel” than “locus
standi”. The decision of the Court of Appeal indeed was that “the plaintiff having participated in the proceeding
of the House leading to the confirmation of the second defendant’s appointment, he therefore lack the locus
standi to challenge the appointment more so as his view was earlier rejected by a majority of the house.” The
question posed by this group of commentators is that were the plaintiff not a senator and had he not participated
in the proceeding of the House, would the court have considered otherwise? To the present writer, this issue
does not even arise. Although senator Adesanya participated, he had a divergent view. His participation which
was not an affirmation of the other members of the House cannot therefore be a bar to his steps to protect his
views (rightly or wrongly) in court.
1592
Ibid. p. 24.
1593
Ibid p.25.

385
 Going by the above cogent views of eminent jurists and learned professors of
laws, one would think it obvious that whatever doctrinal propositions 1594 that gave
birth to the common law concept of locus standi, are no longer attractive to modern
conceptions and contemporary needs, especially as regards public rights. In this
regard, one may not be far from the truth. The snag however, is that while there is
that judicial consensus on the problems of standing, Cameroonian courts have
behaved1595 as if the like of innovations introduced in England and Europe will be too
radical for them to make. Indeed, their whole attitude is reflective of the fact that the
concept of locus standi and certain other fundamental principles of the common law
transcend different jurisdictions and are immune from deliberate judicial recognition.
Consequently, they are only susceptible to reform by statute and this must be left to
the legislature.
From all we have said of the posture of the common law towards enforcement
of environmental values by private persons, what is easily discernible is that the
common law conceptions of tort have never been primarily interested in righting the
wrongs perpetuated against the environment. Rather, the approach has always been
to give remedies to individual persons for the wrongs done to them. As is to be
expected therefore, its theories have not been efficient as a broad scheme for
controlling pollution and other environmental harms. This inadequacy to handle
pollution matters has led to substantial watering down of many common law theories
in many common law jurisdictions. Lord Denning, 1596 a prominent English jurist noted
this much when he said:

The tendency in the past was to limit them to persons who had a particular
grievance of their own and above the rest of the public. But in recent years
there has been a remarkable series of cases in which private persons have

1594
The philosophy underlying the concept of not allowing strangers to sue for the right of another and the
reason for the judicial reluctance that has trailed its reform can be highlighted as follows (i) the desire not to
open up a floodgate for litigation; (ii) harassment of potential defendants by professional litigants out to force a
quick settlement, (iii) encouragement of structured suits to produce results exonerating a defendant;
psychological implications of endless anxiety for those who had committed legal wrongs-all of these as they
pertain to public environmental litigation will still be examined.
1595
And this is through no fault of theirs. For example in Nigeria it is largely due to the fact that by virtue of her
1979 constitution, all superior courts in Nigeria now derive their jurisdiction from the constitution. The
implication of this is that the jurisdictional conception of common law have now been sub summed under the
constitution and where ever it is inconsistent with the constitution it becomes null and void to the extend of that
inconsistency while in Cameroon it is the law on Judicial Organisations of 2006 that determines the jurisdiction
of courts.
1596
In his book, The Discipline of Law. Sweet and Maxwell Press London. P.117

386
 come to the court and have been heard. There is now a much wider concept
of locus standi when complaint is made against a public authority. It extends
to any one who is not a mere busybody but is coming to court on behalf of
the public at large

In South Africa, prior to the commencement of its constitution, the common law
significantly limited legal standing to those people whose rights had been
detrimentally affected or who had some degree of personal interest in the matter. 1597
This effectively prohibited persons bringing environmental actions in the public
interest.1598 However, the constitution has removed these limitations and
considerably extended the range of persons who can bring actions in the public or
environmental interest. It provides as follows:
Anyone listed in this section has the right to approach a competent court,
alleging a right in the Bill of Rights has been infringed or threatened, and the
court may grant appropriate relief including a declaration of rights. The
persons who may approach courts are - (a) anyone acting in their own
interest (b) anyone acting on behalf of another person who cannot act in
their own name, (c) anyone acting as a member of, or in the interest of, a

group or class of persons; (d) anyone acting in the public interest (e) an
association acting in the interest of its members1599

This “unruly horse” known as locus standi has been resolved to an extent in
Cameroon. Any individual can bring an action in court on behalf of the public at large
if “public interest” is affected because of pollution. The decision of the case of
FEDEV v China Road and Bridge Corporation 1600 confirms this. The bone of
contention in this case was that the respondent polluted land that flank the road she
was building. The appellant (FEDEV) 1601 brought an action against the respondent in
the Court of First Instance in Batibo. The judge intimated that the applicant had no
locus standi to access justice in the case. She based her argument on Section 8(1)

1597
See generally Bray, J. (1989) Locus standi in Environmental law CILSA 33: Reenan T.V (1995) “Locus
Standi in African Environmental Law” 25A JEL p. 121.
1598
See for example the cases of Verstappen v port Edward Town Board and others (1994) (3) SA 56 9) D and
Von Meltke v Costa Aerosa 1975 (1) SA 255 Where in both cases Applicants seeking to interdict
environmentally harmful activities were held to lack “locus standi”
1599
Section 38.
1600
Judgment No. CFB/004m/09 (unreported).
1601
A duly registered Non Governmental Organisation according to Prefectorial Order dated 03/11/03 regulating
its existence

387
(2) of the Code.1602 The judge argued that as per Section 8(2) of the code, the
applicant ought to have liaised up with a grass root organisation proximate to the
community directly affected by the environmental nuance envisaged therein. She
added that, the appellant must prove before the court that it had been authorized to
act for the interest of the public. Lastly, she said that, the relief sought in this matter
does not in any way affect the appellant. The counsel of the appellant prayed the
court to address its mind to Section 8(2) under consideration whose provision
empowers the appellant of the matter to commence action on issues that constitute
a breach of the law under consideration and causes harm directly and indirectly of
“common good”. A heated debate followed as to the interpretation of Section 8(2)
with particular emphasis on the meaning of the phrase “common good”. The judge
proceeded to examine the issue of locus standi vis-à-vis public interest in relation to
the present cause of action. She said:

I must admit that public interest (public good) litigation is a concept that is
still nascent in the Cameroonian judicial system. Judicial proceedings in
this area of proceedings are therefore rare too. In attempting a definition of
what a public interest litigation is all about this court would borrow from the
former learned Chief Justice of India, P.N Bhagwati in The people’s Union
for Democratic Rights (PUDR) and others 1603. Public interest litigation is
intended to promote and vindicate public interest which demands that
violation of constitutional or legal rights of a large number of people who
are poor, ignorant or in a socially or economically backward position should
not go unnoticed or unredressed1604

It is not necessary that the person filing a case should have a direct interest in
the litigation that is, he must not be personally affected. 1605 In Dr. Mohinddin
Farooque v Bangladesh & others,1606the court stated inter alia, that:

If someone pursues a public cause involving a public wrong or injury, he

need not be personally affected or have a personal interest. He must
however be espousing a bonafide public cause and not be “a mere

1602
. Law No. 96/12 of 5th August 1996 relating to Environmental Management.
1603
AIR, 1982, 1473 at 1476.
1604
Justice Awasum Florence, President of the Court of First Instance, Batibo in the case of FEDEV v China
Road and Bridge corporation, judgment no. CFIB/004m/09 (unreported)
1605
See Dr. Mohinddin Farooque v. Bangladesh & others, CA. No. 24, 1995.
1606
Ibid.

388
 busybody” or interloper or pursing some other dubious goal such as publicity
or serving a foreign interest.

It must be stated emphatically here that capacity to sue is a matter of law and fact
and not a matter of discretion in any civil litigation. To sustain any action in a public
interest litigation, the issue of locus standi must first be resolved, as obtained in the
above matter.
Having expounded on the legal definition of these two concepts in the
foregoing, the question at stake is whether the appellant in this matter has the locus
standi to commence the present action touching on public interest. Section 8(2) of
the code is instrumental here. It states that:
Authorised grassroots communities and associations contributing to all
actions of public and semi-public institutions working for environmental
protection may exercise the rights of the plaintiff with regard to facts
constituting a beach to the provisions of this law and causing direct and
indirect harm to the common good they are intended to defend

To the mind of the court, there is no ambiguity as to the meaning of Section

8(2) of the law under review pertaining to the phrase “common good”. It refers to the
interest of that nebulous entity, the public in general, or call it, the public interest.
From the foregoing it is held that, the appellant has locus standi to institute this
action as per Section 8(2).
The court deemed it expedient to state that public interest litigation is an
efficient tool to seek judicial redress and subsequent government actions to the
socio-economic challenges of the powerless segment of the society who due to their
financial constraints and ignorance are unable to access justice.
The question of who can sue in a public interest litigation was partially
addressed relating to the appellant. The next question which was answered in the
affirmative before the motion could be actionable was whether the respondent 1607
could be sued. It must be mentioned without any fear of contradiction that public
interest litigation can be filed only against the State; that is, against the government
and in very rare cases against municipal authorities. Public interest litigation can
never be actionable against a private party.

1607
Ibid.

389
 Is the respondent a State institution or a municipal authority? The answer is
obviously in the negative thus rendering the motion in actionable. There is no doubt
that the respondent is a private party within the meaning of public interest litigation
though one may be tempted to argue that it is a public limited company. From every
indication, it is neither a state nor a municipal authority. We, therefore, hold that the
respondent can only be included as a co-respondent in any suit of a public interest
nature.
From the decision of the case above, it is glaringly that any individual can
bring an action for public interest but the problem of locus standi in Cameroon unlike
other countries1608 is that public interest litigation can be brought only against the
state1609 which therefore means if the environment is polluted by a company an
action for public interest will almost be impossible except the appellant be a member
of an affected group, society or any part of the public, which of course is usually the
case. The question that comes to mind is what happens, if the affected appellant is
not a member of any of the affected groups discussed above? The ramification of
this is that the environment and populace will suffer from pollution. This is a gross
violation of the international human rights to a healthy environment. In the
constitutions of some African countries, express reference to environmental
protection has taken the form of a right. 1610 In fact, it is interesting to note that the
continent of Africa was the first to afford a formal legal recognition to the right to the
environment as a human right through the African Charter of Human and People’s
Rights adopted in Kenya in 1981. 1611 Article 24 provides that “all people have a right
to a satisfactory and global environment suitable for the environment”. In the
Cameroonian context questions relating to the protection of the environment have
also taken the form of a human right to a healthy environment. This was
incorporated into the revised constitution of 1996 and maintained in 2008
amendment in the following words, “every person shall have a right to a healthy

1608
FEDEV v. Bamenda Urban Council.Judgement No. HCB/1170/OL-05(Unreported) where. Justice Ambo of
the Mezam High Court granted an order for the applicant to institute public interest litigation against the
Bamenda Urban Council.
1609
State here refers to the State, a State Institution or a Municipal Authority.
1610
See for example, Cameroon’s revised Constitution of 1996,para 26 of the preamble, the Uganda Constitution
in article 39, the Kenyan Constitution in article 241, the Constitution of Burkina Faso, article 29, the
Constitutions of Sierra Leon, article 85 Benin, article 45 Nigeria, article 55 South Africa, article 66 etc.
1611
See Kamto, M.op cit. p.51.

390
environment. The protection of the environment shall be the duty of every citizen.
The state shall ensure the protection and improvement of the environment”. 1612
An understanding of the above provision relating to environmental protection
requires that we look not only at the letter of the law but the legislative spirit or at
what may be termed the principle of law as well. That everybody has a human right
to a healthy environment has rendered what was hitherto a slogan to environmental
protection, a human right to a healthy environment. This is referred to as a third
generation right.1613
The issue of locus standi is equally a violation of another aspect of
international human rights, namely, access to justice. Under Cameroonian law the
legislator drawing from international norms provides for equal rights to access to
justice1614 .The enjoyment of this right means that everyone without discrimination
and in all cases including environmental harm should be able to get access to
justice. In environmental matters, this right is claimed at the national as well as at the
international levels.1615 Therefore, the rights exist for transboundary injury 1616 as
where a person in Nigeria, for instance, suffers pollution damage resulting from acts
perpetrated in Cameroon. Such a person should at least receive equivalent
treatment to that afforded in the country of origin of the harm, that is, Cameroon.
From a procedural standpoint, equal right of access to justice in a transboundary
context could include such treatment as the right to take part in, or have resort to all
administrative and judicial procedures existing within the country of origin in order to
prevent domestic harm, to have it abated and/or to obtain compensation for damage
caused.
At the domestic level, procedural as well as substantive problems particularly
the locus standi doctrine may arise to frustrate an environmental litigant’s claim for
harm suffered. However, in many African countries, these kinds of difficulties are
gradually being mitigated not only in legislative instruments, but also by the judiciary.
1612
Paragraph 26 of the preamble of the Constitution.
1613
Forsuh, F.F. (2010) “Human Rights in Cameroon Stakes and Challenges” unpublished DEA Memoir,
University of Yaounde II. P. 58.
1614
See the decision in the land mark case of Trail Smelter arbitration (United States, v. Canada) 16 April
1938.
1615
See implementation of a regime of Equal Right of Access and Non-Discrimination of in Relations to
Transfrontier Pollution Recommendation adopted on May 17, 1977. For more on this see Hunter, D., Salzam,J,
Zaelke,D. (1988) International Environmental Law and Policy, Foundation press, N.Y. P.354.
1616
Ibid.

391
Cameroon is no exception, although some infelicities abound. 1617 This rigidity of
locus standi, which requires those bringing an action for infringement of
environmental right to prove special interest unlike an action for protection of other
rights appears to be a limit to people willing to bring an action for environmental
offences and could be surmounted by allowing public interest litigation. 1618 All that is
required here, as said earlier, is for the court to seek that the litigant be a member of
an affected group, society or any part of the public, which of course is usually the
case. To put it in the words of Lord Denning; 1619 “there is now a much wider concept
of locus standi when a compliant is made against a public authority. It extends to
anyone who is not a busybody but is coming to court on behalf of the public at
large.”
In other African countries such as Kenya 1620 the issue of locus Standi has
been sorted out well. For in that country, any citizen, or a group has the right to bring
a case to court against any person or organisation who is doing harm to the
environment. Henceforth, it is not necessary to show that the right or interest has
been directly violated or is likely to be violated. This provision promises to be a very
useful tool in the fight for the protection of the environment.
It is important to note that even as the Act widens the scope and meaning of
locus standi, it also provides that the case must not be frivolous or vexatious. 1621 In
other words, the case must not be one that has no merits and which is merely meant
to waste the time of the court. The safeguard, therefore, is to provide minimum
standards that have to be met before a case is heard by the court.

7.8 Inadequate Qualified Judicial Personnel

Judicial personnel serve inter alia, the function of interpreting and applying
the law, peaceful settlement of disputes and upholding the rule of law. From

1617
Tamasang, C.F. (2008) “Sustainable Development: some reflections with regard to the new Constitutional
Dispensation in Cameroon.” Revue Africaine Des Sciences Juridique, Université de Yaoundé II. Vol. 5 No. I.
1618
In the Indian case of the People’s Union for Democratic Rights v. Minister of Home Affairs, AIR 1985,
Delhi 268, The Court stated that public interest litigation is not the kind of litigation meant to satisfy people’s
curiosity, but is a litigation instituted with the desire that the court can give relief to the whole or a section of the
society. See p. 14-16 of the judgement.
1619
Denning, J (1973) The Discipline of Law . Oxford University Press. 1 st Ed. P. 75. Significantly, it was Lord
Denning himself who heralded this reform earlier in 1973 in the case of A.G. ex Mc Whirter v Independent
Broadcasting Authority (1973) Q.B. 629. This position was accepted by Laskin, J. (as he then was) in Thornton
v Attorney General of Canada (No. 2) (1974) 43 DLR 3d 1
1620
Makaloo, O.M. (2004) Community Guide to Environmental Management in Kenya. ILEG printing press p.
21.
1621
Ibid. p. 22.

392
environmental perspectives, these are the benchmarks of sustainable development.
In fact, the judges are at the cutting edge of the development and handling of
pollution problems.1622 The role which judges have to play in upholding and enforcing
environmental rights against the pollution of the environment is even more crucial
and is grounded on the argument that majority of cases coming before the court may
not be well handled by judges because most of them are not well trained in this area
of the law. Consequently, judges have problems handling such cases when they
come before them for the first time. 1623 This problem is exacerbated because the
National School of Administration and Magistracy (ENAM) 1624 where magistrates are
trained in Cameroon does not offer environmental law, so that there is no effective
capacity building for judges in this area of the law. This accounts for the shallow
mindedness of some Cameroonian judges in this area of the law. If the judges in
Cameroon are well familiar with environmental law (especially pollution), they would
be the ultimate arbiter of the resulting tension and conflicts caused by pollution.
However, for an effective discharge of their duties in this regard, the judges need to
be seised of the matter. They need to attend capacity building seminars and
refresher courses on environmental law.
Unfortunately, this seem to be the trend in Cameroon with regard to
environmental and related rights, there is still need to build a culture of litigation in
most Cameroonians who, for some reason, have been reluctant to adopt judicial
enforcement mechanisms for the protection of environmental rights.
Lawyers on their part are not too different from judges. Lawyers are
auxiliaries of justice. Without them environmental law cannot be well enforced. 1625
The scarcity of environmental lawyers in Cameroon is another contributing factor to
the inefficient enforcement of environmental law. Amongst the reasons for this, one
may cite the following: Firstly, environmental law is a new discipline on the University
Curricula. So few have a mastery of the subject. Secondly, most lawyers are not
always enthusiastic about attending capacity-building workshops or seminars on the
subject. Lastly, environmental law litigation is not lucrative, because the fine levied

1622
Justice Weeramantry, C.G. (2002), “Sustainable Development and the Role of Law, in, Report of the Global
Judges Symposium and the Role of Law”. Vol.11 UNEP, Nairobi. P.46.
1623
Zaelke, D., Stilwell,P and Young, D (2005) “What Reasons Demand in Making Law Work. Environmental
Competence and Sustainable Development” (edited), Cameron May. London, pp. 29-52.
1624
This school was created in 1958 by the Presidential Decree of 27 September 1959.

1625
Judges and Environmental Law, in Judicial Handbook on Environmental Law (2005) UNEP, Nairobi. p. 24.

393
against a defaulter is paid to the State and not to the lawyer. Few lawyers are willing
to do pro bono1626 work. Even the five percent (5%) deposit 1627 necessary to file a
petition for an environmental harm in court is sometimes heavy for the lawyer to
raise. We recommend that this requirement should be waved.

7.9 Corruption
Corruption is as old as mankind1628 and is one of the worst and, at the same
time, most widespread forms of behaviour, which is inimical to the administration of
public affairs.1629.
Mc Mullen M. states that “corruption occurs when a power holder is charged
with doing certain things, that is, who is a responsible functionary or office holder, is
by monetary or other rewards not legally provided for, induced to take actions which
favour whoever provides rewards and thereby does damage to the public and its
interests.”1630 Despite this worldwide recognition of the economic and social ills of
corruption, the issue has remained very ambivalent.
For two consecutive years,1631 Cameroon was classified by Transparency
International as the most corrupt country or as the country with the lowest corruption
perception index. And over the last 10 years, Cameroon has been classified among
the first 20 countries in the world with a poor corruption record. Most recently also,
the UN Economic Commission for Africa1632 identified Cameroon as one of the
African countries with “governance problems.” 1633 This situation does not leave
anyone indifferent. Both the government and civil society in Cameroon with the help
of some NGOs are making efforts to combat corruption. 1634 But is there a will to fight

1626
This means giving of free legal advice and services for public good.
1627
Njamshi, B.A, Nchunu, J.S., Galega, T. P, Chili, C.P. op cit p. 20.
1628
Nelson, T. (1982) The Holy Bible, Deuteronomy: 13:13, New King James Version; printed in China by T.N.
Inc. p. 133.
1629
See explanatory report of the Council of Europe’s Criminal Law Convention on Corruption (ETS No. 173)
Explanatory Report, p. 1 paragraph I; Strasbourg 27/1/1999.
1630
MC Mullan, M., cited as selection 32 in Heindenheimer, J.A. Political Corruption, Readings in
Comparative, Analysis, 1970. p. 55.
1631
In 1998 see www.transparency.org/cpi/1998/cpi 1998. html and in 1999
see.www.transparency.org.cpi/1999/cpi.1999.html.
1632
UN Economic Commission for Africa, Report of 12 October 2004, Governance in Africa; available at
www.uneca.org/agr/
1633
This expression is very common in the World Bank Reports where they use “governance issues” to refer to
corrupt practices. In fact, it is getting into desuetude these days as it is preferred to call corruption by its name
rather than use euphemistic expressions which may lead to confusion.
1634
The Government has created a commission of governance with no real powers and Transparency recently
provided the civil society with a document titled “Budget Tracking” on how to monitor the budget.

394
corruption in Cameroon? Corruption does not only affect the economic propensity of
Cameroon but also the judiciary. Corruption hinders the smooth enforcement of
environmental laws in Cameroon.
A good example is when council workers are sent to the field to investigate
whether construction works conform to the norms of the Town Planning law. 1635
Quite often, corrupt officials issue permits or turn a blind eye to construction works
which are clearly in contravention of the regulation in force. This accounts for why
there is the mushrooming of houses in areas which are not conducive for habitation
and buildings without any passage in between. This makes it difficult for the
garbage-cleaning company to collect garbage from such neighbourhoods.
Although the government of Cameroon has created anti-corruption units in
Ministries and also ratified the U.N. Convention against Corruption 1636 and the
African Union Convention on Preventing and Combating Corruption, 1637 the
shortcomings are visible, having failed to promulgate a law against corruption. On
the other hand, the efforts, by the civil society and NGOs cannot be successful if
there is no legitimate backing for their activities by the government. They must be
empowered, and such empowerment must come through law reform. For as Loukas
A.M.1638 puts it, “a sound legal system is the basis for good economic reform.” It may
therefore be argued that any sustainable, durable and transparent effort to combat
corruption in Cameroon must be based on law.
It is our view that where corruption has become endemic, a mere reform of
the corruption law will not provide an immediate solution to the corruption problem.
Transparency International’s reports are usually carried out by sectors. The 1998
Cameroon report was based on a study of the customs department and the 1999
and 2007 reports were based on the study of the judiciary. 1639 On the basis of these
reports therefore, if the judiciary which is charged with the enforcement of the anti-
corruption law is itself corrupt, then such laws will never be enforced or there will be
1635
See section 11 (2) of the Town Planning Law No. 2004/003 of 21st April 2004 laying down the Construction
Code.
1636
United Nations Convention against Corruption, herein after referred to as the UN Convention. Available at
http://www.unode.org/pdf/crime convention corruption/signing/convention-e pdf.
1637
African Union Convention on Preventing and Combating Corruption, Maputo 11 July 2003, hereinafter
referred to as the African Convention. Available at http://www/.African
review.org/docs/corruption/convention.pdf.
1638
Globalization, Harmonisation, legal Transplants and law Reform in The Reform of the International
Financial Architecture, by Lastra, M.R. (2001) International Banking, Finance and Economic Law series, 1st
Ed, vol. 18. Kluwer Law International p. 157.
1639
See Titanji, E.D (2008) “Law Reform Prescriptions for the Fight against Corruption: The Case of
Cameroon.” Revue Africain Des Sciences Juridiques p. 214.

395
selective enforcement mostly against those who may either be unwilling or unable to
give a bribe. On the other hand, a more serious argument advanced is that a strict
application of the reformed corruption law may lead to unmanageable litigation and if
the laws are strictly applied, a better part of the population of the country will be
imprisoned.

7.10 Inadequate Resources on the Part of Enforcement Authorities

The availability of finances is of utmost importance in the running of any
organisation, institution or the carrying out of a certain activity. Resources play a key
role in the enforcement of laws. For instance, councils need money to enable them
recruit more workers or acquire trucks for garbage disposal. These additional
workers will carry out the most desired objective of the councils viz the movement
from one neighbourhood to another to make sure that waste is not dumped in the
wrong areas such as streets, gutters and streams.
The Ministry of the Environment, Nature Protection and Sustainable
Development (MINEDEP) also needs finances to recruit and train more controllers
because there is an acute shortage of them. Many of their staff were trained in
disciplines other than environmental management. Therefore, there is a generalized
lack of required technical skills, competency and logistics needed for the purpose of
environmental management within MINEDEP. 1640 To put all these in place, money is
needed. Without trained personnel the enforcement of environmental law remains a
herculean task. Capacity-building is therefore of paramount importance to enable the
workers do their work diligently. Finances are equally needed to enable the
controllers to move from place to place or to the locus inquo to verify why and who
has caused the pollution so that sanctions should be levied against defaulters.
Lastly, the cost of bringing an action for environmental damage, including the
cost of procuring technical evidence and the remoteness of institutions for redress
deter even those who are aware of the environmental damage. 1641 For example, the
five percent (5%) deposit needed to file an action (suit) for environmental damage is
often difficult to raise by the appellant or lawyer. This problem of lack of finance
contributes immensely to many environmental damage cases not being taken to

1640
See Vabi, M.C., Ngwasiri, C.N. Galega, T.P., & Oyono, R.P. (2000). The Devolution of Forest Management
Responsibilities To Local Communities: Context and Implementation Hurdles in Cameroon P. 29
1641
Ibid p. 30.

396
court. This is an eloquent explanation for the shortage of reported cases in
environmental law.

7.11 Lack of Information and Environmental Consciousness

Data is “a compilation of information arranged in a systematic way and offering a
means of finding specific elements it contains”. 1642
Data is of great importance in law because it enables the environmental controller
and lawyer to know the gravity of an act, conduct or activity which violates the law.
Secondly, when to enforce the law. For instance, there is a certain quantity of
polluting gas (smoke) that can be tolerated. Once this quantity is exceeded, an
action is brought against the polluter emitting the gas.
To detect whether this threshold level has been exceeded in Cameroon is
difficult because the tools used to detect this level are not yet available as is the
case in other countries such as South Africa 1643 and France.1644 The National
Institute of Statistics on its part cannot make available statistics of the quantity of fuel
that enters the country and the quantity of fuel that is burnt, either weekly, monthly or
yearly in Cameroon.1645 Without such statistics, it is difficult to dictate the quantity of
polluting gas in the air as a result of the burning of petrol and its products. Lastly,
there are equally no tools yet to use to dictate the P.H of water and the quantity of
polluting substances in it. If all these data are known, it makes it easier for the law to
be implemented.
There is so much ignorance and apathy 1646on the part of the people in the
area of environmental damage. It should not be so. The greater proportion of the
citizenry of Cameroon is oblivious of the environmental damage surrounding them,
especially when the damage is caused by “intangible” process, and the action they
should take. The main reason is that many Cameroonians are illiterate and thus
know little or nothing about environmental laws. Even the literate ones know little
about this because of the general poor reading culture within the society. In
1642
Black’s Law Dictionary, Garnier B.A (ed) (2009) 9th Ed West printing press. p. 422.
1643
Paterson, A. (2004) “Environmental Law in South Africa”. Paper prepared for UNEP’s Symposium for
Environmental Law Academics from African Universities (Nakuru-29September to 2nd October).
1644
Kamto, M. Supra p. 105.
1645
A discussion with Bobda Anthanase, a senior worker of this Institute revealed that, this statistics could not
be got because first, of all they do not have the required instruments to carryout the exercise and secondly
because of the nonchalant attitude of the workers of the Institute. He ended up by saying that the Institute is not
doing what there are designed to do.
1646
Ololo, T.B. (1994) Effects of Pollution on the Environment. Department of Soil Science, 1st Ed. Obafemi
Awolowo University Press, Ile-Ife, Nigeria. P.25.

397
consequence, there is a general lack of awareness on the part of society in respect
to environmental litigation. This problem is aggravated in this country because there
is no sensitization of the population by stakeholders.
The solution to this problem is by educating the people of their legal rights in
the area of environmental damage and litigation. This can be done either on radio,
television, newspapers, markets squares and even churches and mosques. The
moment the people are enlightened not only on their rights but the importance of
caring for the environment, they will be prepared to protect it, not only by applying
simple rules of hygiene and sanitation but also commencing actions in case of
abuse. Section 6(1) (2) of the code states that:

Public and private institutions shall, within the context of their competence,
sensitize all the populations on environmental problem. The institutions
shall consequently include programmes in their activities to provide better
knowledge of the environment

An interpretation of this section discloses that institutions are assigned the

task of informing (educating) the population but the task is not executed. It suffices
to state that, if an individual is conscious of his right and the law guaranteeing it, he
is likely to ensure that the law is enforced.
Anyangwe1647argues that rules of law should be clear, unambiguous and
cover future situations. This can only be so, but in practice, it is impossible for the
law to always satisfy these desiderata. Laws have to be interpreted to bring out their
true meaning because they are often the result of political debate and compromise
and also because of the problem of language. The practical value of legislation
depends on the way in which it is applied and the application of law supposes a
process of interpretation.
Coming back to the sub-heading under discussion, Section 7 of the same
code throws more light on Section 6(1) & (2) already contented above. It provides
that:
All persons shall have the right to be informed of the negative effects of
harmful activities on man, health, and the environment, as well as on the
measures taken to prevent or compensate for these effects

1647
Anyangwe, C. (1987) The Cameroonian Judicial System 1st Ed. Printed by CEPER –Yaoundé pp. 227 -229.

398
 This section can only be effective after section 6(1) (2) has been implemented
because institutions have the duty to carry out this exercise. If individuals or people
are not informed about the consequences of harmful activities on them, why will they
assist in the enforcement of the law that governs that? Awareness must first of all be
done before enforcement can follow.
For environmental issues to be handled easily and efficiently all must
participate. This urges us to look at the Declaration of the United Nations Conference
on the Environment and Development, which ties with this assertion. Principle 10 of
the Rio Declaration provides as follows: 1648

Environmental issues are best handled with the participation of the concerned
citizens, at the relevant level. At the national level; each individual shall
appropriate access to information concerning the environment that is held by
public authorities, including information on hazardous materials and the
opportunity to participate in decision making processes. States shall facilitate
and encourage public awareness and participation by making information
widely available. Effectively access to judicial administrative proceedings
including redress and remedy, shall be provided…

If all participate and all are informed, then the enforcement of environmental law will
not be much of a problem. 1649 This does not obtain in totality in Cameroon for reasons
already raised above.

7.12 The State’s Commercial Activity

The Cameroonian economy has certain features, which produce predictable
consequences, and manifest in the environment as in other aspects of national life.
Government being the biggest earner and hence spender, has found itself in board
rooms and shareholders meetings of diverse enterprises. These enterprises are in
turn owners of large and in a few cases small facilities which discharge effluents,
which in some way or the other impair the environment. The specie of governmental
activity differs only in character, from that of government owned public utilities,

1648
Rio Declaration on Environment and Development, Rio de Janeiro, 14 June 1992, 311 LM 874 (1992). See
also Johnson, P.S. “The Earth Summit: The United Nations Conference on the Environment and Development”
(UNCED) London/Dordrecht/Boston, p. 119.
1649
Njamshi, A.B., Nchunu, J.S., Galega P.T., (2009) Environmental Democracy in Cameroon. An Assessment
of Access to Information, Participation in Decision Making, and Access to Justice in Environmental Matters.
The Access Initiative Cameroon Report printed by CO RO RIX Imprimerie, p. 2

399
parastatals and similar institutions which also pollute the environment. In this setting
there is a perception that government is not likely to precede against its own
“interest” with anything not more than a subtle persuasion even where environmental
damage is known to have occurred. Coincidentally, to date no government facility or
enterprise is known to have been prosecuted or sealed up because of violation of
environmental regulations, thus giving the impression that they are either
environmental “saints” or “scared cows.” This is not true because a couple of
government owned institutions and Semi-public, that is, institutions partly owned by
the government have polluted the environment but have not been sanctioned. For
instance, the Cameroon Real Estate Corporation (SIC) which owns houses in many
regions of Cameroon has done so without any penalty. 1650 An exotic example is the
Mendong Housing Estate found in the Yaoundé urban town. The waste (solid and
liquid) emitted by these houses is dumped untreated in a small stream that flows
through this neighbourhood.1651 The problem is aggravated because the purification
machine is no longer functional. In spite of this water and land pollution, no action
has been brought against SIC apparently because it is a government semi-public
corporation confirming what has been discussed above.

7.13 Conflicting Laws

Laws that govern pollution in Cameroon conflict. It is one of the major
problems that hinder smooth enforcement. For instance, Section 60 (1) (2) of the
code provides that “the emission of noise and odour likely to be harmful to human
health, excessively inconvenience the neighbourhood and endanger the
environment shall, be prohibited”.
It is common knowledge that regional administrative officers 1652 grant
authorizations1653 to people to “disturb” their neighbourhoods throughout the night,
day, week, even a month during funeral ceremonies, birth days ceremonies,
marriages and other similar occasions in contradiction of Section 60(1) (2) of the
code. The question is which law (instrument) has supremacy? Obviously it is the 1996

1650
Lekeanyi, P.A et al p. 174.
1651
Ibid, p. 175. Co. 99
1652
Divisional and Senior Divisional Officers.
1653
Section 4(1), 6(1) and 8(1) of Law 90/055 of December 19, 1990 laying down the regulations governing
Public Meetings and Processions.

400
Code, not an ordinary authorization issued by a Sub-Divisional or Divisional Officer
according to the hierarchy of norms.1654
On the other hand, if this authorization is not given, then people cannot celebrate
appointments, birthdays and equally organize funeral ceremonies for noise is a
parameter of these occasions. But the noise that can be tolerated is not known yet
because the enabling decree of this law does not contain it as allusion has already
been made to this in the earlier parts of this chapter. This is a hallmark of many
Cameroonian statutes as has already been discussed. 1655 Sub-section (2) of Section
60 stipulates that “persons emitting this noise and odours unnecessarily or without
any precaution shall take all the necessary measures to suppress, prevent or limit
their propagation”
A literal interpretation of this subsection means that noise that is produced
necessarily is tolerated. That which is produced unnecessarily is not tolerated.
Which noise is necessary and which is not? Noise is noise. Unnecessary noise can
be necessary depending on the occasion. For example, a funeral ceremony or
people celebrating after a football match. It is unnecessary noise but necessary
because the people are in jubilation or mourning. What if this unnecessary noise
falls within the tolerable level of noise (that is if the decree of application contains it),
will an action be brought against the producer of the said noise? Here once more,
the draftsmen made a fundamental error when drafting the code. The section is
ambiguous and needs an explanation of it in its enabling decree. This causes a
problem because if the enabling decree does not explain it then the interpretation
lies at the mercy of the judge who might interpret it wrongly or rightly.
Secondly, MINEDEP’s duty is to make sure other ministries respect the
norms of pollution when carrying out their duty (activities such as building roads or
houses). Sometimes this is not done. For example, the Ministry of Public Works
might be building a road or a house which will normally cause pollution in the area.
The argument it puts forward for not consulting MINEDEP is that it has its own
experts. These experts will apparently not go contrary to the activities of the said
Ministry. It suffices to say here that this lack of collaboration between both ministries
encourages pollution because it makes it difficult for MINEDEP to enforce the law.

1654
See Sani, A. (2006). Introduction to Nigerian Legal Method. 1st Ed. Printed and published by Obafemi
Awolowo press Ltd. P. 188 for an in-depth explanation of the hierarchy of norms.
1655
Monie, J.N. (1970) “The Development of the Constitution and Laws of Cameroon” unpublished Ph..D.
Thesis London p. 238.

401
 Other laws that conflict when it comes to the handling of environmental issues
are the Penal Code,1656 the Environmental Code and the Water Law. 165754 Section
261 of the penal code states that, “Whoever by his operations, pollutes any drinkable
water liable to be used by another, or so pollutes the atmosphere as to render it
harmful to human health shall be punished with imprisonment for from fifteen days to
six months, or with fine of from 5,000 to 1000,000 francs, or with both such
imprisonment and fine.” While the Environmental Code punishes same conduct in its
Section 82(1) (2) with a higher penalty viz, “a fine of 1,000,000 francs to 5,000,000
francs and a prison sentence of from 6 months to one year or only one of these two.
In the event of subsequent offences, the maximum total amount of the sanctions
shall be doubled.” The 1998 Water Law on its part punishes anybody that pollutes
water in its Section 16(1) (2). The Section provides that, “whoever pollutes and alters
the quality of water shall be punished with imprisonment of from 5(five) to 15(fifteen)
years and with a fine of from 10,000,000 (ten million) to 20,000,000 (twenty millions)
CFA francs”. Subsection (2) states that, “in case of repeated offence, the maximum
penalty provided for in Sub section (1) above shall be doubled”. The question is
which law should be applied to punish a defaulter who has polluted water or air? Is it
the Water Law or the Penal Code? We see the conflict of the laws because all of
them dish out different amount of fines and even imprisonment terms in some cases
making it difficult for the law to be enforced. Most defaulters will prefer the
punishment of the Penal Code because it is milder. But if this is applied, will the
deterrent objective of punishment be achieved? The answer is in the negative
because the penalty meted out is derisory and could not therefore discourage a
defaulter from committing the same offence again. For example, a big company like
Brasseries du Cameroun would find it easy to pay 1,000,000 CFA francs stipulated
by the Penal Code than 20,000,000 CFA francs stated by the Water Law. This
therefore depends on the discretion of the judge.

7.14 The Role of Non-Governmental Organisations (NGOs)

1656
Law No. 65-LF-24 of 12th November 1965 and Law No. 67 –LF-1 of 12th June 1967.
1657
Law No. 98-5 of 14 April 1998 to lay down regulations governing Water Resources

402
 Non-Governmental Organisations often get their finances from donors who
can either be national or foreign. 1658 NGOs are national or international non-profit
making organisations. 1659
Bettati1660defines it as “an association, group or movement formed by
individuals or moral persons drawn from the same or different States governed by
law, with a non-lucrative goal.” 1661
NGOs are recent actors in international environmental scene. 1662 The first
NGOs were created in the 21st century and were principally for humanitarian and
charitable purposes.1663 They started getting interested in environmental problems
when large industries began polluting the environment, by the smoke and the waste
they produce. Their main aim was to criticize and raise international awareness
concerning this environmental hazard.1664
At the advancement of the Rio Conference of 1992 more NGOs both national
and international, were created. 1665 Their sole aim was to contribute to the protection
of the environment and sustainable development. They did this by lobbying
internationally and nationally that the environment should be protected. They alert
the world about the peril of degradation, and propose strategies to fight
environmental harm using international legal instruments. 1666Unofficially, most of
them serve as “watchdogs” in the process of adoption and implementation of
international environmental law.1667

1658
Kamto, M. Supra P. 381
1659
Weissbrod D., (1991) The Contribution of International Non-Governmental Organisations to the Protection
of Human Rights, 1st Ed. Martinus, Nijhoff publishers p. 61.
1660
Bettati, M & Dupuy, P.M. (1979) Les ONG et le Droit International, 1st Ed. Imprimerie Economical, Paris.
P. 202. See also Merle M (1982)  Sociologie de Relation International, 3e Ed. Dalloz, Paris P. 362.
1661
Author’s Translation.
1662
Dupuy, P.M. (1988) “L’action des Organisations Internationales dans le domain de la protection de
l’environnement ». In, Manuel Sur, les Organisations Internationales, Académie de Droit International de la
Haye, Martinus Nijhoff publishers, Dordrecht/Boston, p. 606.
1663
See Vadrot, M. (1973)  Déclarations des Droit de la Nature , Stock Paris p. 201.
1664
.See Prieur, M. (1993)  Démocratic et Droit d’Environnement et du Développement,  R.J.E.P. 24.
1665
About 15000 NGOs have been created after the Rio Conference. These NGOs include Greenpeace, Friends
of the Earth, The National Audubon Society ,The International Union for the Conservation of
Nature(IUCN),World Wide Fund for Nature(WWF),Wildlife Conservation International(WCI),World
Resources Institute(WRI),World Society for the Protection of Animals(WSPA) just to name a few. For details
on this see particularly Kamto, M. op.cit p. 381.Equally see Falloux,F.,Talbot,L.op.cit.pp.348-350.
1666
See Falloux, F. and Talbot, L (1980)   Environnent et Développement crise et Opportunité  Dalloz – paris P.
348
1667
Sands P.J. (1992) “The Role of Non-Governmental Organisations in Enforcing International Environmental
Law” in control over compliance with International Law, in William Butler (ed) Martinus publishing house pp.
81-83.

403
 In Cameroon the creation of NGOs is recent because Cameroonians did not
know its importance.1668 The importance of NGOs was realized in Cameroon only in
the 21st century1669. This realisation led to the creation of many NGOs. 1670
NGOs have a valuable contribution to make and a legitimate role to play in
environmental protection. Section 6(1) of the code states that, “public and private
institutions shall, within the context of their competence, sensitize all the populations
on environmental problems.” Subsection (2) provides that “the institutions shall
consequently include programmes in their activities to provide better knowledge of
the environment”. Drawing attention to the definition of an NGO given in the
foregoing, it is clear that it falls within this section of the code. Therefore NGOs have
the duty to inform and sensitize the population about environmental problems. As we
noted earlier in this chapter, if the populace is informed about environmental
problems they will participate in the enforcement of the law because they know their
rights and equally the importance of protecting these rights in relation to the
environment. This sensitization can equally be done by NGOs as Section 6(1) (2) of
the code states.
This role is not well executed by NGOs because most of them do not yet
master and understand this role. Most NGOs only plant trees to fight climate change
and the encroachment of the desert but fail to educate the masses on how to
manage sustainably their environment and also fight pollution. 1671 Furthermore, most
people have a nonchalant attitude when invited by NGOs to participate in seminars
and workshops on environmental protection and management
Despite these problems, some NGOs continue to make an effort to educate the
masses on how to manage their environment and fight pollution. 1672
1668
Youmbi, A (1992) “Les possibilités et les moyens des ONG de contribuer a la protection de l’environnement
au Cameroun.” La Situation de l’Environnement au Cameroun p. 46.
1669
Ibid.
1670
These NGOs include Le Collectif des Organisms de Participation au Development du Cameroun
(COPAD),La Federation des ONG de L’Environnement du Cameroun (FONGEC),Le Fonds Commun d’Appui
aux Organisation Paysannes (FOCAODP),Bioresources Development and Conservation Programme-Cameroon
(BDCPC),Foundation for Environment and Development (FEDEV),Network for Sustainable Development in
Central Africa (NESDA-CA) among others. For more on this see Nkongmeneck, A. op. cit pp. 54-55.
1671
This act of planting trees to fight climate change, pollution and the encroachment of the desert is well
advanced in Kenya, carried out by the movement called “The Green Belt Movement” founded and headed by
Late Wangari Maathai, a Kenyan lady being the first black woman to win the World Noble Peace Price in 2004.
This movement has planted more than three (3) million trees. See AMINA, Le magazine de la femme, numéro
482, an 2010 p. 18.
1672
A case in point is the NGO called, Assocition International pour la Protection de l’Environnement
(ENVIRO-PROTECT).This NGO has opened a library furnished with books on environmental management
open to the public. People who want to go in and read only, are allowed, but before a book is borrowed the
borrower must subscribe as obtain in almost all libraries in Cameroon. It organizes seminars and conferences at

404
 The issue that NGOs have a valuable contribution to make and a legitimate
role to play in public environmental protection was amply demonstrated in 1991 in
the United Kingdom, by the Brent Spar Incidence. Shell Oil Company (UK) had
obtained the government’s consent to the sinking of a Brent Spar Bouy as a Best
Practice Environmental Option (BPEO). Other governments’ signatories to the
International Oslo Paris Convention, which also governs such matters, were notified
and given three months to object. None did so. This cylindrical 141-metre high Brent
Spar Bouy was originally put in place in 1976 in the North Sea. By 1991, it had
become obsolete, and was emptied and decommissioned. Shell began
commissioning studies on the best means of its disposal. After considering some 30
abandonment studies and with the British government’s consent, Shell decided that
the preferred option was to tow the spar to an approved dump site West of Scotland
and consign it to the bottom of the Atlantic
The argument of Shell was that this plan presented the least risk to the
environment, best protected the safety of those involved and was economically 1673
the most sensible course involving many fewer man-hours than an on-shore
disposal. Greenpeace1674, however, began a vigorous campaign against the scheme,
arguing that the spar’s tanks still contained some 5,000 tons of crude oil and toxic
waste which could pollute the sea. In a bid to prevent the sinking, Greenpeace
landed protesters aboard Brent Spar by helicopter and braving torrents from water
cannons, they occupied the platform. Legal action to remove the activities proved
somewhat unsuccessful since not all could be identified. A challenge to the licence
by Greenpeace in England was referred to the Scottish courts but failed there
because of Green peace’s lack of locus standi. At the same time Greenpeace
staged campaigns against shell in Luxemburg, Switzerland, the Netherlands and
Denmark.

the French Cultural Centre with the aim to educate and sensitize the public about their environmental right and
environmental management. The target audiences are youths, children and especially women and men of a
certain class. Another NGO which is carrying out a similar exercise is Living Earth- a British NGO.Its activity
include training teachers for primary and secondary schools. These teachers will then impart the knowledge of
environmental rights and management to the people and students.
1673
Deposal at sea would cost an estimated £11:8m (& 18:5m), disposal on land on the other hand would cost £
46ml (& 72m). Bearing this in mind, it was the view of Shell that the notion that environmental choices can be
made without regard to costs is unsustainable
1674
“Greenpeace” is a world wide Non Governmental Organisation with about 4.5 million members. It was
founded in 1971. It has a powerful and skilled publicity department. See Global Law and Business (1995) of
October 21, p. 40

405
 This powerful campaign of Greenpeace paid off and having been forced into
ignominious defeat, Shell announced on the 20 th of June, 1991 that it would opt for
onshore disposal. Significantly, this capitulation by Shell came as the Prime Minister
was in Parliament defending why consent was granted to Shell.
The above discussion may be enlightening to NGOs in Cameroon on ways of
raising concern, providing information about the environment and filling the gaps
where there is lack of confidence in governments and the public regulatory process.
If NGOs in Cameroon emulate the example of Greenpeace, then the enforcement of
environmental law by them will not be much of a problem.

7.15 The Ministry of the Environment, Nature Protection and Sustainable

Development (MINEDEP)
The Ministry of the Environment and Nature Protection (MINEP), now Ministry
of the Environment, Nature Protection and Sustainable Development 1675 (MINEDEP)
was created in 2004 by a presidential decree 1676 organizing the government. It was
formerly the Ministry of the Environment and Forestry but because environmental
issues were and are still topical, the President decided to split this ministry into two
to give more attention to environmental problems.
MINEDEP is an overseer. It acts as a watchdog. It oversees the activities of
other ministries which have environmental issues to manage. 1677For instance, it
works in collaboration with the Ministry of Mines and Industrial Development, the
Ministry of Water Resources and Energy. It ensures that the latter supplies water
which is fit and good for drinking to the public. MINEDEP also works with the
Ministry of Housing and Urban Development to make sure that when it is carrying
out its activities, the environment should not be polluted.
MINEDEP is also enjoined to send out its workers to all industries to make
sure that their working milieu is clean and bacteria-free. Furthermore, these
controllers have as duty to insist that industries should use raw materials which do
not pollute the environment or if they do, that the impact should be mitigated.
MINEDEP’s controllers also make sure that all industries should have a
hygiene and safety unit which will promote safety activities in their working premises.

1675
This name MINEP was changed to MINEDEP by Ministerial Decree No.2011/410 of 9th December 2011.
1676
Decree no. 2004/ 320 of 8th December 2004 Organizing the Government.
1677
Ako, J.A op cit, p. 29

406
 Lastly, it ensures that any individual or corporate body which breaks any law
regulating the environment should be brought to book. This herculean task assigned
to MINEDEP is not efficiently executed for reasons which will be discussed in the
following paragraphs.
The first major problem of MINEDEP is that it is under-staffed as earlier
stated. Most Regional Delegations have only a secretary and one worker 1678. This
makes it difficult for these workers to perform their duties well. This problem is
exacerbated by the near absence of capacity building workshops for the staff.
The second reason is that of finance. Allusion has already been made in the
foregoing that no activity or duty can be executed without the availability of finances.
The ministry in question does not have adequate finances to execute the
assignment given to it. The main reason being that, it has one of the smallest
budgetary allocations among other ministries. 1679 This makes it difficult for MINEDEP
to employ and train more controllers. Even the few it has, it still finds it difficult to
send them out on the mission already discussed.
Furthermore, it lacks enough equipment needed to execute its duty. 1680An
interview with the Secretary General of MINEDEP 1681 led to the following remarks:
MINEP is still a new Ministry so it should be given some time to gain its
feet. It will surely but slowly succeed to reduce pollution but not to stamp it
out completely because pollution cannot be stamped out completely
anywhere in the world
From all what has been canvassed above it is evident that MINEDEP cannot easily
carry out the task assigned to it. This constitutes a major handicap to the
enforcement of environmental laws.

7.16 Overlapping of Competence

As noted in the foregoing, Cameroon has an arsenal of regulating texts that
govern pollution. The ministries in charge of implementing these texts do not do so

1678
For example, the Divisional Delegation of MINEDEP in Kribi has just the secretary and a single worker.
Information gotten from the Secretary General of this Ministry in 2012
1679
The budget allocated to MINEDEP for the year 2011 is only 8 bilion 806 million CFA Francs. See
Cameroon Tribune No. 9505/5706 36th years Monday 28 December 2010 website www. Cameroon-tribune.cm.
1680
For example it does not yet have the tools used to detect the P.H.of water (i.e. the acidity of water) or that
used to dectate the content of effluent claimed to have been treated before it can be discharged into streams,
rivers and lakes. It has only a portable lab water kit used to detect only the turbidity of water. For details see
Asah,Y.N.op cit.p.50
1681
Mr. Akwa Patrick Kum. The discussion took place on 30th of June 2012 in his office.

407
efficiently because of the confusion as to which ministry is to do what, because there
is an overlap of ministerial functions.
The Ministries of Mines and Industrial Development (MINDAT) and that of
Water Resources and Energy (MINMEE) for example are charged with the mission
of supervising the rational management of natural resources such as minerals, water
and energy. One of the principal functions of this ministry (MINDAT) is to verify
whether industrial and commercial installations obey the norms enacted to fight
pollution, nuisance, and ensure hygiene and sanitation.
The Ministry of Housing and Urban Development (MINDUH) is endowed with
the duty of development of social hygiene and sanitation such as the supervision of
the collection, carrying and treatment of household waste.
The Ministry of the Environment, Nature Protection and Sustainable
Development is assigned the task to see that the environment is well managed.
Hygiene and sanitation activities should be on the increase. In other words, pollution
should be checked to a very great extent. Of course as was earlier discussed at
length in this research, MINEDEP also comes in and does so in collaboration with
local councils.
The question that needs an answer is: which ministry is assigned the duty to
fight pollution? Is it MINMEE, MINAT, MINDUH or MINEDEP? Since all claim to do
so. There is therefore an overlap of competence.
MINMEE might not bring an action against a mining company that has
polluted the environment with the belief that it is the duty of MINEDEP. MINDUH on
its part may claim to have the authority to control the councils and also direct them
on how to clean the town because she is endowed with that duty. Yet it is equally a
duty within the competence of MINEDEP.
There is confusion because the above mentioned ministries do not know the
limits of their functions. This has led to the environment being polluted more
because most of these ministries stay aloof when there is environmental damage or
pollution with the belief that the other will do it. The upshot being that the
environment remains polluted. This confusion of roles is very unhealthy to the
management of the environment.

408
7.17 Burden of Proof and Other Evidentiary Difficulties
Evidence is of utmost importance in an action for environmental damage or
pollution. Most of the claims would fall into the realm of tort, and the burden of
establishing a claim would almost always be on the plaintiff who has suffered loss as
a result of the activity of the defendant which impacts on the environment.
For a plaintiff to establish harm to the environment and consequently damage
to himself personally, he must show that he has suffered damage, there may be
need to establish certain facts scientifically in order to establish the impact of certain
pollutants on the environment.
Quite often, the poor farmer or villager affected by pollution (e.g. oil spill) may
not be able to afford the services of experts who may need to carry out a long and
detailed study of the environmental impact of chemical substances on the area, put
against the polluter who is usually (although not always) a multinational which has
several departments with highly skilled professionals who can readily come to court
and defend the plaintiff by showing that the pollutant does not have the kind of
impact on the environment which the plaintiff alleges. Akpomudje Albert expressing
this problem noted:
Unlike other claims in court, proof of environmental claim generally, is
scientific; you are expected to prove the effect of crude oil or gas flaring on
the soil, water, environment, crops and other properties of the affected
communities. It is not only difficult and tedious but very expensive. To
prove an environmental claim due to pollution, plaintiff must show that he is
the owner of the land and /or in possession of same and that the pollution
has adversely impacted the land, crops, water thereon or that the pollution
has contaminated the air, water and food of the plaintiff in such manner as
to cause real or potential harm to human health or wellbeing or damage or
harm to non-human nature without jurisdiction.1682
This standard of proof required puts a lot of claims beyond claimants in
environmental matters. For example in the Nigerian case of Ogiale v Shell British
Petroleum Development Co Ltd,1683 the plaintiff lost their case both in the High Court
and in the Court of Appeal simply because they could not match the quality of the
expert evidence given on behalf of the defendant in the case. Even when the law
allows the plaintiff to rely on res-ipsa loquitor to shift the burden of proof to the

1682
Akpomudje, A. S (2003) “Environmental Claims Resulting from Oil Exploration and Exploitation in
Nigeria” Being a paper presented at the NBA Annual Conference at Enugu on the 27th of August
1683
[1997] NWLR (pt 480) 148.

409
defendant to disprove negligence on its part, the maxim does not take away the duty
on the plaintiff to establish that damage has resulted from the act of the defendant,
res-ipsa loquitor relates only to causation and has nothing to do with the ensuring
damage, therefore, where the plaintiff does not or fails to establish any damage
resulting from the negligence or the activity of the defendant, then, res-ipsa loquitor
may not avail him because the burden of establishing damage always remains on
the plaintiff. An average spill of oil and waste affects water and land and to establish
such a claim the court might need the opinions of experts in different fields such as
bio-chemistry, microbiology, geology, experts in marine ecology, nuclear scientist
and so on. It is difficult to have law firms in Cameroon specialising in these areas of
litigation which may be able to go into contingency fee 1684 arrangement with their
clients only to share the proceeds of litigation if the claim is successful at the end of
the day, in which case the firm will take care of the expenses of procuring the
services of the experts to testify on behalf of the plaintiffs in the suit.
Furthermore, it is difficult for an individual to have access to evidence relating
to most environmental wrongs or offences. For instance, it is not often easy to enter
a factory to gather evidence. The private individual is also limited in gathering
evidence because resources are needed to hire an expert. Evidence relied on could
therefore be limited to secondary evidence. Since environmental pollution is as a
result of cumulative activities, it is at times difficult to prove causation. This is more
so in non-point source pollution.
It is more complicated if the defendant is a multinational with its head office
abroad, the victims may find it difficult to sue them. The Bhopal1685 case in India,
whose facts need explanation here, is a classical example. In that matter, an
American Multinational Company, Union Carbide subsidiary pesticide plant released
40 tons of methyl isocyanate gas, on the 3 rd of December 1984 killing approximately
38,000 people, 200,000 injured and many with irreversible deformities. Attorneys for
the Indian government and for victims of the toxic gas leak, favoured U.S. courts and
sued in New York. The 143 law suits that were filed in U.S. Courts and consolited
were dismissed. The Federal Judge held that victims of the 1984 Bhopal chemical
disaster should seek justice in Indian and not American courts. The decision was a
victory for Union Carbide Corporation, which had fought to move the case to India.

1684
This obtain mostly in the USA but is not allowed in Cameroon.
1685
Bhopal, India, December 4th 1984

410
Two decades later, more than 100,000 people had permanent injuries, light or
severe. The groundwater around the plant area remains contaminated, and the
question of cleaning up the area is still unsolved. The cases are still pending in court
after over twenty years because access to evidence by the victims is difficult.

7.18 The Cost of Filing a Suit

In Cameroon the cash deposit of 5% of the amount of the claim as a condition
for filing a civil claim for damages is a serious setback to access justice especially
by victims who most of the time, do not have the means. In the Human Rights
context, this is a classic case of violation of State party obligation to respect, protect
and fulfil individual rights as spelt in the International Covenant on Economic, Social
and Cultural Rights (ICESCR). The obligation to respect individual rights requires
government to refrain from interfering directly or indirectly with the enjoyment of
human rights. State parties therefore have the obligation to work to ensure that no
government practice, policy, programme on legal measure violates human rights,
ensuring provision of services to all population groups on the basis of equality and
freedom from discrimination, paying particular attention to vulnerable and
marginalised groups. The 5 percent deposit of the amount claimed as a condition to
access justice for environmental harm favours the rich and powerful as compared to
the poor and weak.

7.19 Fear
Fear is equally an aspect which disturbs the enforcement of environmental
law in Cameroon. Some workers are afraid that if they enforce the law they can lose
their jobs. For instance, there are some companies which are owned by prominent
and well-connected citizens in Cameroon. Attempting to close them down or levy a
heavy fine on them might lead to their closure and thus invite trouble from the
owner(s) which can result to the dismissal of the said worker. Secondly, an individual
might be afraid to have a problem with his neighbour for reporting him. For example,
a man might own a bar that is seriously disturbing the neighbourhood, once he is
reported and it is investigated by the administration that it is true the bar will be
closed down. This might lead to antagonism between the owner of this bar and the
person who reported him. The end result being an unhealthy neighbourly
relationship.

411
Conclusion
It is noted from the above discussion that the availability of laws, regulations,
standards, guidelines and practices do not provide an efficient solution for the scale
of today’s environmental pollution if these legal norms are not enforced. No
conventional response, in our view is totally adequate. We cannot rely on the
judicious mixture of good laws which are not enforced. We need a positive change in
public attitude and practices in addition to strict compliance with environmental
regulations.

412
 GENERAL CONCLUSION AND RECOMMENDATIONS

A. Conclusion
It is evident from the foregoing that the major cause of the various
environmental problems is “man”. Since man came into contact with the various
environmental media, and altered them from their natural state for his needs of food,
shelter, clothing, this has resulted in numerous environmental disasters. Man is the
central unit of the environment1686.
From the above study, it cannot be refuted that the laws regulating urban
pollution are not well enforced. Therefore the main pursuit of this thesis has been to
determine why the current laws regulating urban pollution are not well enforced.
The overall survey of the rules regulating pollution in Cameroon reveal that
there is certainly a vast and dense legal policy framework for the handling of urban
pollution, comprising national, regional and international components. The arsenal is
indeed, not only vast and dense but also reminiscent of the complexity and
uncertainty of the rules regulating urban pollution. This renders the propriety of the
handling of urban pollution very difficult to assess in terms of empirical
investigations. In the international context we noted that international legal
instruments which regulate urban pollution can only have the force of law if they are
ratified by the receiving country. Once it is not ratified, it cannot have authority in the
said country. We also infer that international law is fundamentally different from the
domestic legal system of a nation. In international law, there is no supreme authority
like the constitution in sovereign States. These ideas are binding only on those
nations that are parties to the treaties. We equally noticed that compliance with
treaties by States is largely voluntary, because there is no availability of sanctions or,
as a last resort, wage war to ensure compliance with rules of international law.
Enforcement of international law depends for the most part on persuasive powers of
diplomats and on the ideas that States will comply with international provisions in
order to preserve their standing with the international community.
From the national context, the complexity is attended by too many
uncertainties and volatile rules that are more or less clear. It has been seen that
most, if not all laws in Cameroon have the habit of postponing issues to subsequent

Plato once said “man is the measure of all things”. Ascribe by Plato in Theaetus to Protagoras(430
1686

BC),referred to in Malcolm,R.op.cit.p.9

413
enactments that are often belated and that laws often suffer from amendments
shortly after entry into force. The 1996 Environmental Code is the best example. Not
only does it fail to serve as a framework law for regulating urban pollution, but it
postpones many issues to future enactments (decrees and sector codes). The
upshot is uncertainty in the rules regulating urban pollution. Uncertainty in the legal
policy framework is also manifested by numerous laws governing a single issue that
literarily contradict others. It has been seen for example, that the 1998 Water Law
contradicts the 1996 Environmental Code especially in areas of punishment of
defaulters. Furthermore we noted that national laws regulating urban pollution in
Cameroon especially the 1996 Environmental Code and the 1998 Water Law have
lacunae and ambiguities which render them difficult to apply.
There is no logical link or correlation between the fines imposed and the
havoc done by the defaulter, for example by pollution or waste dumped in water or
on land, a polluter may instead of preventing or processing its effluents, choose to
pay fines. Most of these provisions as we pointed out are also not strict
notwithstanding that the current world trend is towards strict liability, that is, liability
regardless of knowledge, fault, degree of care or intent; because it has been found to
be the most effective way to persuade generators of waste to choose the best
means of waste disposal rather than the cheapest. 1687
The encouragement of public litigation to complement efforts and strategies in
the fight against pollution and environmental degradation are beyond what our courts
and statutes can confront with their present structure and philosophy. For the courts
in Cameroon the problem is not that they do not appreciate the issues involved,
rather they have found themselves saddled with out-dated guiding rules of common
law. Some of these have even found their way into the constitution and other
statutes. For the legislature has almost totally ignored innovation and initiative which
are, of course, the strength of the legislative process.
We noted that the problem of locus standi which has remained the albatross
of concern to private citizen’s action must be pushed legislatively out of the way. The
moment this is achieved, it will be easier for the courts to be more liberal in their
approach to cases touching on the protection of public environmental values. It is
now time for Cameroon to recognise with the rest of the world that the true nature of
See the special Report on “Environment” (1985) prepared by Wheeler. M, Toper. S and Car. DD “On the
1687

European Community.” International Financial Law Review (IELR) pp

20, 87-88.

414
environmental problems calls for the involvement of judges, law makers and citizens
of all persuasions and skills.
Not much is happening in Cameroon in the area of environmental litigation
both in the area of criminal prosecution and in the area of civil litigation. Although the
Environmental Law of Cameroon contains some basic penal provisions on the
subject, not much is undertaken by way of prosecution of offenders, who are in
proliferation. It is obvious that people regularly commit environmental offences but
with no commensurate amount of criminal prosecution. The same could be said in
respect of civil litigation. Although there are daily actionable wrongs committed
against the immediate environment by individuals, not much by way of civil actions
are commenced or instituted. The few actions in the area of civil litigation emanate
mostly from general pollution or pollution which involves some substantial claims.
Quite a number of environmental claims which affect the human health are not
pursued, and if pursued not with the same vigour and ambition as claims on spillage
or pollution cases arising from damages to property. There is so much ignorance and
apathy on the part of the people in the area of environmental litigation. It should not
be so. An abuse of the environment is a very serious social, economic and health
problem, both in a national or international context. A nation which does not take
care of its environment and allows it to constant abuse could find itself in
international delinquency, which could affect its unity with other nations. This is not a
good situation for a nation to find itself in.
The hazard of environmental pollution as we have noted in this research, is
the result of decades of neglect, selfishness, greed and acute lack of political vision
and nationalistic commitments. Although the Industrial Revolution in developing and
developed countries brought desirable prosperity, the unpaid price is a legacy of
over used air, water and land. Charles Dickens in his book Hard Times,1688said that
“everything in the world is about social interest” with reference to the Industrial
Revolution and the suffering then. So it is the same with environmental issues. The
politics of it is concerned with the economic interest against science. Most
manufactures will like to produce their goods and sell them without bothering about
the impact on the environment. What we are facing today is a problem which was
created a long time ago by the Industrial Revolution. So what we are doing today will
be felt in the long run. Climate change which is one of the upshots of air pollution is
1688
He is an English writer who lived during the Industrial Revolution era-1986

415
on the increase because of the lack of the efficient enforcement of urban pollution
laws in Cameroon in particular and the world in general.
Councils in Cameroon on their part are not efficiently discharging their duties
because of lack of finances. This is aggravated because decentralisation is not yet
effective. This explains why councils find it difficult to execute their duty.
Furthermore, mayors do not have a salary giving them room not to always resist the
temptation of taking a bribe.
Endemic corruption is another cause of the lack of efficient execution of the
laws regulating urban pollution in Cameroon because it affects all walks of life.
Concerning noise pollution, it is indisputable that Cameroon is in need of a
standard acceptable noise level and one should be adopted as a matter of utmost
necessity and urgency.
We equally noted in this research that most of the local companies in
Cameroon do not use modern methods of production. This is more serious because
these industries do not have enough finances to employ modern production
methods. Some do not carry out environmental impact assessment before locating
their industries. In some cases the facilities to treat their wastes are not available.
Even where they are available, they are not always functional.
Most of the laws in Cameroon are not available in English especially
implementation decrees irrespective of the fact that it is a bilingual country. This
renders their application and interpretation difficult because they might be translated
wrongly by any individual. Once this is not done sound judgment will be difficult to
arrive at.
Environmental protection is the natural global response to the looming
environmental destruction. Both environmental destruction and environmental
protection are associated with rapid technological change brought about by man. In
the present and future generations man must be alert at all times to guard against
human activities which may engender environmental destruction since technological
development can never be traded off for environmental protection “per se” rather, the
world community based on the 1987 Report of the Brundtland Commission had
decided to marry environmental protection with sustainable economic technological
development. Toward attaining this goal, the entire global communities, (every state
and individual) must be alive to the legal or even common-sensual duties or
responsibility as expressed by any “soft” or “hard” laws at international, regional or

416
national levels relating to the environment without coercion. This way, we can be
assured not only of an environmentally-friendly 21 st century but for all times to the
glory of the almighty creator who gave an environmentally-sound or safe earth in the
first instance. The struggle by man to sustain his environment remains a mandatory
ontological concern. His success at it concurrently enriches the quality of his life and
the length of his time on this habitat called earth. His failure merely confirms his
perceived desire for irresponsibility and untimely suicide.

B. Recommendations
To match towards this dreamland of a relatively pollution-free environment
therefore, we recommend the following in addition to those already proffered in the
body of this study which if adopted will alleviate the problem of urban pollution in
Cameroon; or at least provide a better response when it occurs:
1. A proper framework law in the right sense of the expression, governing urban
pollution in Cameroon should be instituted. The 1996 Environmental
Management Code should clearly and expressly encapsulate customary
international law standards of regulating urban pollution. For example, the
tolerable level of noise is 35 decibels as contained in international law 1689 but
neither the 1996 Code nor its enabling statute of 2011 has adopted it. Express
incorporation of such internationally-recognised standards of noise pollution
would render the 1996 Code more easily enforceable.
2. Laws should enjoy some degree of certainty and stability. It is not by creating
new laws and institutions overnight that pollution would be fought. Laws
become particularly unstable as a result of frequent amendments and repeals.
Issues covered by new environmental laws should be framed with reasonable
prospect of avoiding such outcomes. It also means that the postponement of
vital issues within laws to subsequent enactments (such as enabling decrees)
should be left at the barest minimum and within a limited time frame. Unstable
and uncertain legislation have far-reaching negative consequences on the
fight against urban pollution in Cameroon.
3. Laws pertaining to the environment should be made accessible to all and
sundry. Besides, genuine and consistent effort should be made to have such
laws readily available in both official languages, that is, English and French.
1689
The World Health Organization states that the acceptable level of noise is 35 decibels.

417
 This is a constitutional requirement. It has to be noted that the legal maxim
ignorantia jurat non excusat presupposes not only that the laws exist, but also
that they have been rendered accessible or available to any citizen who truly
wishes to find them. In other words, the ordinary citizen should be able to find,
understand and apply simple regulations governing his immediate
environment.
4. In formulating policies and regulations on the environment, law makers should
consider the practicability and enforceability of such laws. Enacting laws that
are alien or just lifting them from global standards may not have the
necessary impact on the populace. Tradition and ancient practices should be
considered when formulating regulatory measures on the environment.
5. As concerns noise pollution, we suggest that the indiscriminate and unduly
prolonged blaring of horns should be outlawed and penalised by the law. The
laws should also be reformed to curb the ever-increasing menace of howling
siren vehicles recklessly bulldozing their ways through narrow streets.
Similarly, the 1996 Code should be amended and a section adumbrated in it
and equitably enforced against the practice where excessive noise is made
during religious activities to the disgust and annoyance of people in the
neighbourhood.
6. The issue of audio-visual pollution of the environment involving radio,
television and particularly the internet, especially concerning child
pornographies should be confronted, curbed and clobbered with severe
penalties both under our national and international laws. These atrocious acts
constitute grave pollutants that are intrinsically and manifestly mala in se and
should not be tolerated even in the most permissive society.
7. It was noted that there is a general lack of awareness on the part of the
society in respect of environmental litigation. We suggest here that the answer
to such a problem is mainly to educate (sensitize) the people of their legal
rights in the area of environmental litigation. The moment the people are
enlightened as to their legal rights on their immediate environment, they will
be prepared to protect it, not only by applying simple rules of hygiene and
sanitation but also commencing actions in case of abuse.
8. The inadequacy of the existing laws, decrees and policies may be mitigated
by their effective enforcement. The government should garner the required

418
 courage and political will power to prosecute any person or corporation no
matter how influential, for breach of these laws. Every citizen should be
involved in this protection exercise by ensuring that the laws are complied
with and that any breach is promptly remedied. If enforcement of the laws is
left to the government alone as is currently the case, government’s avowed
objective of curbing pollution will hardly be achieved even if the best of laws
were put in place. This is because laws remain dead letters in statute books
until applied. This is where we opined that citizens be educated and
encouraged to ensure compliance with laws. It is the duty of every citizen to
ensure that the laws of the land including environmental laws are obeyed and
that offenders are brought to book. For effective implementation of regulations
and enforcement of standards there is the need to accord more recognition to
the role of NGOs and encourage them as the global watch-dog in the scheme
of things.
9. We suggest that the population should be educated on environmental issues
because there could be no lasting solution to environmental problems other
than education. In fact the whole Stockholm Declaration from the first
proclamation to the last principle, sounds like a call for a revolution in
education, both formal and less formal. We therefore further propose that
environmental protection agencies should involve the expertise of NGOs in
the practical training of age groups, professional bodies, school children,
students and civil servants on the procedures for claiming environmental
rights. Judges, magistrates, lawyers, police, prison staff, and social workers in
Cameroon should endeavour to dispose themselves to acquiring knowledge
of environmental protection. Environmental law education should be simplified
and taught at all educational levels to facilitate awareness and implementation
of policy strategies of the grassroots.
10. Courts or judges should punish promptly and severely all the breakers of the
laws governing environmental management. This will enable punishment to
achieve its most desired objective of deterrence especially if the punishment
levied against defaulters is stepped up.
11. Industries in Cameroon should be advised, encouraged and forced, where
necessary, to adapt production practices that minimise damage to the
environment, for example, they should be encouraged to use only polluting-free

419
 raw materials where possible. They should be compelled to channel a
reasonable amount of their profits into a series of conservation measures in
order to protect land and water from industrial pollution. New production
techniques reduce industrial pollution greatly, that is what is called clean
industrial mechanism. Furthermore, the government should supplement the
legislative framework of environmental control with the use of market
instruments such as heavy taxes on environmentally-damaging goods and
subsidies on new clean technology and the introduction of Eco labelling
scheme which provides consumers with information relating to the
environmental performance of the company or the product. Finally, industries
should be taught how to dispose of their sewage in order to avoid land, water
and air pollution. Any industry which does not respect this rule should be
severely punished.
12. The common law remedies available under the law of negligence, nuisance and
Rayland’s v. Fletcher(supra) as we have said, are inadequate in pollution
cases and a plaintiff relying on any of these remedies is made to undergo the
rigours of proving some essential ingredients upon which the success of his
case depends. We submit that these common law remedies should be
supplemented by statutory provisions on claims for adequate damages and
compensation to victims of pollution, to take care of injury, environmental
restoration and clean-up expenses incurred by private individuals directly
affected by pollution.
13. It is recommended that a central sewage system be put in place in all our
industrial cities and towns in Cameroon for the treatment of domestic wastes
before discharging them into watercourses. We are aware of the problems of
finance that may bedevil such a project, but this should not deter us from
seeking appropriate help and solution. A situation where untreated raw human
wastes are still being dumped into our rivers is to say the least, uncivilised and
a clear invitation to constant epidemic attacks.
14. At the International level, we urge that the appropriate United Nations Agencies
should formulate a convention banning fumes and emissions of all types and
the dumping of waste from and unto outer space and pilot the draft convention
to final enactment and enforcement both at municipal and international levels.
Equally, at both levels of authority, enforcement should include monitoring,

420
 surveillance, prompt arrest, effective prosecutions, summary trials and speedy
sentencing of offenders under the convention.
Furthermore, international cooperation should be geared towards making
international trade responsive to environmental concerns through a new regime
of conventions setting standards for production and making of products. Trade
in hazardous substances or wastes should constitute a crime for which both
importer and exporter should be liable, notwithstanding an agreement between
them. While such trade hinges on the parties’ sovereign right reinforced by
economic consideration, threat of emission into the atmosphere which may
endanger human lives within the immediate or remote neighbouring States
calls for concern. On the whole, states should encourage environmental
protection norms in all economic activities and eschew greed, wasteful
lifestyles, parochial interests and negative attitudes towards environmental
hazard in order to meet the present needs and without jeopardising the ability
of future generations to meet their own needs.
15. We recommend that environmental litigation should be simplified and the courts
be made more liberal on the issue of locus standi so that meritorious cases can
be readily entertained or better still jettison the doctrine of locus standi in
environmental cases, whether civil or criminal.
16. MINEDEP and Councils should recruit more staff who should be assigned the
tasks to move from industry to industry and around neighbourhoods to make
sure that hygiene and sanitation rules are respected and defaulters punished.
17. It is certainly comical to hope that by setting aside one day of a month for
“environmental sanitation” in the whole nation, the nation’s environment will be
saved from ruination. This policy obtains currently in Bamenda and Buea. But if
this practice is emulated by other towns of Cameroon, it will not merely help the
hygiene and sanitation drive but also enhance awareness of the importance of
a clean environment. Late Mother Theresa of Calcutta said “if everybody
cleans his or her surrounding then the world would be clean.” 1690
18. Recycling and re-using material, although not yet commonplace in Cameroon,
should however be encouraged because it also eliminates hazardous waste
and pollution. Many waste products from industries remain valuable products in
many ways than one. Companies such as Kinmou & Fils and Fokou & Fils in
1690
“Will Our World Ever Change”? Awake, July 2012.p.20

421
 Cameroon which re-use and recycle toxic wastes should be encouraged. In
Europe, at least one third of all industrial wastes are exchanged through
clearing houses where beneficial uses are found. This represents double
savings. The generator does not have to pay for disposal, and the receiver
pays little, if anything for raw materials. In addition, the sale of recycled and
regenerated goods should be encouraged. This will enable many more
companies to recycle since they know their recycled goods will be bought.
19. It is proposed that people should switch from the use of plastic bags to the use
of leaves of cocoyam, plantains, bananas and raffia palms which are
biodegradable to tie food items in as existed before the advent of plastic bags.
20. We suggest that councils should ensure the following :
– Sanitary officers who existed in the past should be re-introduced.
– Adequate number of trash cans and baskets should be made available in all
towns and cities. The distance between them should be less than fifty metres.
– Motor parks, cemeteries and markets should be well planned and placed in
towns. For if they are not as we have seen in this study, air, land and water
pollution will be on the increase.
– New towns and urban settlement should be properly planned.
– The mushrooming of spontaneous houses should be stopped. For it is this
mushrooming of houses that promote urban pollution. Any house built without a
building permit or in a wrong place should be pulled down. This will help to
reduce urban pollution.
– HYSACAM should acquire more trucks and employ more workers. This will
help facilitate their assignment of cleaning the town. Furthermore, HYSACAM
should treat the waste collected before dumping it. It will reduce pollution
because untreated waste pollutes especially land and underground water.
– Councils should issue building permits only to people who are building on a plot
or land acceptable to the council. The councils should therefore strictly respect
urban planning rules and regulations.
– Councils should work with MAGZI to make sure that industries are dispersed. If
this is done, the smoke produced by them will be dispersed easily and faster
than when they are concentrated in one area.
– In order to reduce construction noise and dust, councils should insist when
issuing a building permit that the builder should build at a certain time of the

422
 day which will reduce the emission of dust and noise and the type of material to
be used should be material which does not produce a lot of dust.
– Solar energy use should be encouraged because it does not pollute the
environment.
– Councils should create more bus services. This will encourage more people to
use them than taxis. Air pollution will be reduced because lesser cars will ply
the roads.
– Roads in big towns should be enlarged such as is being done in Yaoundé and
Douala. This will prevent cars from idling in high gear while producing a lot of
smoke.
– Councils should maintain wetlands which have enormous functions.
20. Pesticide use should be reduced. The use of mechanical and biological
alternatives of pesticides should be encouraged as is the case in Europe. Only
dealers with pesticides who have licenses should be allowed to import them. The
use of pesticides should be prohibited within 10 metres of lakes, watercourses,
wetlands and conservation areas and prohibited within 10 metres of drinkable
water reservoirs.
21. More trees should be planted in Cameroon because trees act as a carbon sink.
Trees use carbon dioxide and release oxygen in the process of photosynthesis. Let
Cameroon emulate what late Wangari Mathaii of Kenya 1691 did. She planted millions
of trees in Kenya. A national day should be declared in Cameroon as a tree-planting
day. Government Delegates and Mayors of various councils should make it
mandatory for any person who wants a marriage certificate to plant a tree before he
can be issued this certificate as the former Government Delegate 1692 to the Bamenda
Urban Council did.
Not only planting trees can reduce carbon dioxide emission. A carbon tax can be
introduced. It means it will be compulsory for all companies or individuals who
produce carbon gases to pay a tax. This will discourage the use of carbon-producing

1691
She was the first African woman to win the noble peace price in 2004 in Oslo-Norway. The late professor is
an environmentalist who fought to keep the environment in good shape. She created the Green Belt Movement
composed mostly of women to plant trees. Before she died she had planted millions of trees with this
movement. For details on this see Le Magazine de la Femme,AMINA, No.482.pp.16-18.
1692
The former Government Delegate to the Bamenda Urban Town who insisted that before a person is issued a
marriage certificate and permit to run an off-licence business he had to plant a tree is called Tazong Abel Ndeh.
The speaker of the national Assembly, Cavier yergi Djibril led a group of people to a tree planting exercise in
the North West Region on the 19th August 2010. He did same in the West Region in September 2012. His
example should be emulated by other top government officials for this will increase the number of trees planted

423
substances and thereby increase the switching to other types of fuel such as gas
and solar energy which produce little or no carbon dioxide. Government should also
stop the use of leaded fuel because it produces a lot of carbon dioxide and nitrogen
monoxide.
22. The government of Cameroon should improve public transport through buses by
making it more attractive for people to switch from private automobiles to public
transport. Furthermore the use of fire extinguishers should be reduced, fewer bulbs
should be lighted and substitutes for halons and chlorophocarbon’s use in mattress
and fire extinguishers should be found.
In view of the present position of the laws regulating urban pollution, we
needed to make the above suggestions which if adhered to will enable us have a
better environment and bequeath unto future generations a legacy which can be
emulated and built upon. We wish to rest our case by making a clarion call to every
member of this generation to wake up to this challenge posed by the continuous
depletion of the only environment to which we all belong for the sake of our coming
generation. An American president said “Yes we can if we really want for it is not
impossible.1693 These recommendations can be put in practice if the government and
people of Cameroon want.

1693
See President Barrack Obama’s campaign speech for the presidential race of the US in 2008.

424
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………………………………………………………………..11

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A.G. ex Mc Whirter v independent Broadcasting Authority (1973) Q.B. 629.................395
Ada Mengue Brigitte v. Maison Naisports......................................................................188
Adesanya v President of Federal Republic of Nigeria....................................................386
Alphacel v Woodward [1972] A.C. 629...........................................................................307
ALUCAM CO Ltd v MINEF..........................................................................................220
Amoco Production Co v Village of Gambell, Alaska................................................194
ARCO Chemie Nederland Ltd v. Minister Van Volkshuisvesting, Ruintelifke Ordening in
Milieube heer (C418/97/ Sub nom. Epan (C419/97)...................................................325
Ashcroft v Cambro Waste Products...........................................................................271
Attorney –General of the Gambia v N’jie...................................................................200
Attorney-General’s Reference (No.1of 1994)...........................................................268
Berridge Incinerators Ltd v. Nottinghamshire Country Council.............................322
Berton v Alliance Economic Investment Co Ltd [1992] IKB 742...................................272
Bitogal Paul Charles v. La Scierie (EGPA)...............................................................188
Black Land Park Exploration Ltd v Environment Agency.......................................339
Bolton v stone (1951) A.C. 850.......................................................................................192
Bonomi v Backhouse (1858) E.B. & E. 622. 643............................................................130
Bramford v Turnley (1862) 3B & S.................................................................................192
Brand v Hammersmith Ry (1867) L.R. 2QB 223, 247....................................................130
Brimingham DC v Mc Mahon......................................................................................200
CCO v MINEF................................................................................................................115
Charles Neil Ashcraft v. Michael Mc Erlain Ltd........................................................323
Chief Ojukwu v Governor Lagos State and Ors(1985) 2NWLR(pt 10)..........................385
City of London corporation v Bovis Construction Ltd..............................................169
Corfu Channel Case.............................................................................................155, 158
CPC UK Ltd v National Rivers Authority...................................................................267
D and Von Meltke v Costa Aerosa 1975 (1) SA 255.......................................................390
Democratic Rights v. Minister of Home Affairs, AIR 1985...........................................395
Donoghue v Stevenson................................................................................................357
Dr. Mohinddin Farooque v Bangladesh & others.....................................................391
DRAGAGE DTP v MINEF............................................................................................223
Durham Country Council v Peter Connors Industrial Services Ltd.......................363
Earl of Sefton v. Tophams Limited (No. 2) 1A.C. 50......................................................273
Empress Car company (Abertillary) Ltd v National Rivers Authority....................305
Environment Agency...............................................................................................passim
FEDEV v China.....................................................................................................390, 391
for Democratic Rights v. Minister of Home Affairs, AIR 1985......................................395
Gani Fawehinwi v Central Bank of Nigeria and 4Ors.Case No. FHL/L/CS/53/92........386
Goldman v Hargrove [1967] I A.C. 645..........................................................................192
Green Peace v E.C.Commission......................................................................................387
Green Peace v E.C.Commission 1998 EVR....................................................................387
Hargrove V Goldman......................................................................................................191
Hargrove V Goldman (1963) 37 AL. J.J. 277.................................................................191
Harris v Birkenhead Corp [1976] I.W.L.R. 279.............................................................311

462
Hart v Anglican Water Services Ltd,..........................................................................267
Helsey v Esso Petroleum Company Ltd (1961) I WLR 683............................................190
HEVECAM v MINEF.....................................................................................................128
Hon Justice Ovie-Whysky and Ors v Chief Olawoyin and Ors(1985) 5 NCLR..............385
Impress (Worcester) Ltd v Rees.................................................................................268
Incineration Services Ltd v Dudly Metropolitan Borough Council,........................363
Interland Transport Ltd v J.A. Adeduran...................................................................127
Jones v Llanrwst UDC..................................................................................................280
Kennaway v Thompson (1981) Q.B. 88, 94.....................................................................192
Kent Country Council v. Queen Borough Rolling Mill Company Ltd.....................323
KETCH v MINEP...........................................................................................................118
KETCHSCEMAR v MINEF..........................................................................................293
Lagos City Council v Olutimehin....................................................................................190
Lagos City Council v Olutimehin (1969) 1......................................................................190
Lambert Flat Management Ltd v Lomas....................................................................181
Laws v Florinplace Ltd....................................................................................................191
Leeman v Montagu..........................................................................................................192
Leigh land Reclamation Ltd & others v Walsoll Metropolitan Borough Council...........356
Loi No. 2008/001/ du 14 Avril 2008 modifiant et Complétant certaines dispositions de la
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lyme Corporation v Wolstantan Ltd. [1947] ch. 427, 467-468........................................191
Manchester Corp v Farmworth [1930] AC 171..............................................................193
Manners v Chester [1963] C.L.Y. 2561..........................................................................193
Mehta v Union of India AIR(1968) SL 155.....................................................................387
MINEP v SOFAMAC.....................................................................................................225
MKO Abiola v Felix Ijoma............................................................................................127
Moore v. Nnado.............................................................................................................188
Moy v Stoop (1909) 25 T.L.R 262...................................................................................192
National River’s Authority v Wright Engineering Co Ltd.........................................269
National Rivers Authority v Alfred Mc Alpine Homes (East) Ltd[1995] JEL 60.L.........274
National Rivers Authority v Alfred McAlpine Homes (East) Ltd.............................274
National Rivers Authority v Yorkshire Water Services Ltd.....................................269
National Rivers Authority v. Biffa Waste....................................................................259
Naughten in Young & Co v Bankier Distillery Co [1893]A.C. 691 at 691.....................280
Network Housing Ltd v Westminster City Council...................................................196
NGUENTA Mesmine v MINEF,...................................................................................118
Ogiale v Shell British Petroleum Development Co Ltd............................................412
on Munro v Southern Dairies [1955] V.L.R. 332............................................................192
People’s Union for Democratic Rights v. Minister of Home Affairs, AIR 1985............395
Prince Madara V Military Governor Oyo State(1986) 3NWLR(pt27) 125....................385
R (on the Application of United Kingdom Renderers Association Ltd) v Secretary
of State for the Environment, Transport and the Regions..................................128
R v Boal, [1992] QB 591.................................................................................................361
R v Dovermoss Ltd...............................................................................................259, 264
R v Leighton and Town and Country Refuse Collection Ltd..................................360
R v Milford Haven Port Authority [2000]All E.R (D) 352..............................................267

463
R v Secretary of State for Environment and R-J Compton & Sons, Exp. West
Wiltshire DC...............................................................................................................127
R v. Carrick DC Exp. Shelly and Another..................................................................195
R v. madden [1975] WLR 1379.......................................................................................191
R.v Rotherman Metropolitan Borough Council exp.................................................322
R.v Rotherman Metropolitan Borough Council exp. Rankin..................................322
Rapier v London Tramways Co [1893] 2ch. 588.............................................................193
Raylands v Fletcher......................................................................................................278
Sandwell MBC v Bujok.................................................................................................200
SCAN EQUIP v MINEF................................................................................................300
Schulmans Incorporated Ltd v National Rivers Authority.......................................271
Sedleigh-Denfield v. O’Callagan [1940] A.C. 880, 903.................................................191
Shanks & Mc Ewan (Teeside) Ltd v. Environment Agency....................................272
Shell Petroleum Co Ltd v Councillor F.B. Fara and 7ors........................................309
Shell v MINEP................................................................................................................241
SIAC –Brasseries Insenbeck v MINEP....................................................................271
SOTRAMILK v MINEF..........................................................................................225, 278
Taylor Woodrow Property Management Ltd v National Rivers Authority.............274
Teboh John v the People.............................................................................................241
The Attorney General Lagos State v. The Hon. Justice L.J Dosumu (1989) ANLR, 504
pp. 511-512..................................................................................................................381
There are 27 above27 above27 above1 aboveno sources in the current document.es in the
current document.......................................................................................................465
Thomas v Olufoscye(1985) 3NWLR(pt 13) 523..............................................................386
Trail Smelter Case................................................................................................155, 158
UCB v MINEF................................................................................................................115
United Transport of Africa (UTA) Cameroon S.A. v MINEF...................................305
Vehicle Inspectorate v Nuttal..............................................................................272, 307
Verstappen v port Edward Town Board and others (1994) (3) SA 56 9.........................390
Vessaso & Zanetti [1990] ECR 1-1461...........................................................................321
Waste Incineration Services Ltd v Dudly Metropolitan Borough Council,............363
Westminister City Council v Croyalgrange ltd [1986] I W.L.R. 674..............................306
Wheat v E Lacon and Co Ltd (1966) A.C. 552................................................................311
Wychavon DC v National Rivers Authority................................................................270
Young & Co v Bankier Distillery Co [1893]A.C. 691 at 691..........................................280
Statutes
Law No. 90/13 of 10 December, 1990 relating to Phytosanitory Protection.................233
Law 90/055 of December 19, 1990 laying down the Regulations Governing Public
Meetings and Processions............................................................................................403
Law Nº 65/LF/24 of 12th November 1965.......................................................................198
Law Nº 89/027 of 29th December 1989 on toxic and dangerous waste...............331
Law Nº 90/1483 of 9th November laying down rules and regulations that regulate the
opening and running of Off-licences and On-licences................................................179
Law Nº 96/12 of 5th August 1996 relating to Environmental Management. in Cameroon25
Law No 98/005 of 14 April 1998 to lay down regulation governing water resources....126
Law No. 1 of 16 April 2001 laying down the Mining Code............................................221

464
Law No. 2003/003 of 20th April 2003 laying down the law that regulates Phytosanitory
Protection.....................................................................................................................233
Law No. 2003/007 of 10 July 2003.................................................................................111
Law No. 2003/007 of 10 July 2003 that regulate activities of the fertiliser sub sector in
Cameroon.....................................................................................................................111
Law No. 2004 /018/of 22 July 2004 laying down Rules Applicable to Councils...........113
Law No. 2004/003 of April 4, 2004 regulating Town Planning in Cameroon................120
Law No. 2004/018 of 22 July 2004.........................................................................194, 297
Law No. 2004/018 of 22 July 2004 Laying Down Rules Applicable to Councils..........194
Law No. 2006/015of 29 December 2006 on Judicial Organization in Cameroon..........382
Law No. 64/LF/23 of 13th November, 1964 Bearing on Public Protection.....................207
Law No. 88/007 of 15 July, 1988....................................................................................149
Law No. 90-52 of 19 December 1990.............................................................................379
Law No. 94/01 of 20th January, 1994 and Bill No. 544/PJI/An of November 1993.........11
Law No. 98-5 of 14 April 1998 to lay down Regulations Governing Water Resources. 405
Law No. 99/013 of 22 December 1999 instituting the Petroleum Code.........................224
Law No.76/372 of 2/9/1976.............................................................................................289
Loi No. 2008/001/ du 14 Avril 2008.................................................................................11
Loi No. 2008/001/ du 14 Avril 2008 modifiant et Complétant certaines dispositions de la
loi No. 96/06 du 18 Janvier 1996...................................................................................11
loi No. 96/06 du 18 Janvier 1996.......................................................................................11
Ordinance No. 73 of 29 May Governing Town Planning in the Republic of Cameroon..
.....................................................................................................................................109
Other Authorities
Decree Nº 2001/163/PM. du Mai 2001Réglementant les Perimeters de Protection autous
des Points de Captage, de Traitement et des Stockage des Eaux Potalisables............255
Decree Nº 2011/2583/PM of 23 August 2011.................................................................187
Decree Nº 71-DF-95 portant création de la mission d’aménagement et de gestion de
zones industrielles et ses modificatifs subséquents, notables the decree 73-483 of
25/08/1973 and 80-474 of 15/12/1980........................................................................302
Decree Nº 86/818 of 30 June 1986 Regulating the Highway Code.................................171
Decree No. 2001/164/pm dated 8th May 2001 regulating the utilization of water resources
.....................................................................................................................................205
Decree No. 2001/165/pm dated 8th May 2001 on the protection of water resources.......205
Decree No. 2001/165/pm of 8th may 2001 prescribing the Methods to Protect Surface and
Underground Water from Pollution.............................................................................249
Decree no. 2004/ 320 of 8th December 2004 Organizing the Government.....................409
Decree no. 2004/70 of 8 December 2004..........................................................................10
Decree No. 2005/481 of 16 December 2005...................................................................290
Decree No. 2012/2809/PM of 26Sep201.........................................................................333
Decree No. 2012/2809/PM of 26Sep2012 fixing the Condition to Collect, Store,
Transport, Recycle treatment and final elimination of Waste.....................................333
Decree No. 6/165 of 27 April 1976.................................................................................290
Decree No. 6/165 of 27 April 1976 fixing.......................................................................290
decree no. 88/2004 of 5th February 1988...........................................................................11
Decree No. 92/069 of 3rd April, 1992 on the re-organization of the government............10

465
Decree No.2012/2809/PM of 26 September 2012..........................................................345
No. 6/165 of 27 April 1976 fixing...................................................................................290
Treatises
Arhus Convention on public participation.........................................................................79
10
Ordinance No 74/2 of 6/7/74 Governing Land Tenure in Cameroon..............................286
Ordinance No. 73 of 29 May Governing Town Planning in the Republic of Cameroon 109
12
Arrête No. 0/0/MINDIC of 12 April 1991.......................................................................111
Arrete No. 001/MINEPDED of 15 October 2012 laying down the condition to obtain
permission on waste management...............................................................................340
Arrete No. 001/MINEPDED of 15th October 2012 laying down the conditions to obtain
a permit to manage waste...........................................................................................336
Arrete No. 001/MINEPDED of 15th October 2012 laying down the conditions to obtain
a permit to manage waste...........................................................................................336
Arrête No. 011/A/MINT of February 1998 regulating the road worthiness....................112
Arrête No. 011/A/MINT of February 1998 regulating the road worthiness company /visit
technique......................................................................................................................112
Arrete No. 061/MINEPDED of 16 October 2012 laying down the conditions to obtain a
permit to manage waste...............................................................................................356
No. 011/A/MINT of February 1998 regulating the road worthiness company...............112
Order No. 05/1999/BUC regulating Health Hazards and Nuisance........................239, 243
Order No. 05/1999/BUC regulating Health Hazards and Nuisance within the Bamenda
Urban Council Municipality................................................................................239, 243
Order No. 195/Cu/Yde/06 forbidding the dumping of waste on public places and in
streams or rivers...........................................................................................................238
13
Decision No 985/MINDIC/CAB of 15th October 1996..............................................149
14
Bill No. 544/PJI/An of November 1993............................................................................11

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