A/HRC/22/50/Add.2
same does not apply to land considered to be “free of any form of effective occupation”,
including land used for hunting and gathering by certain groups. This explains why the
groups concerned, namely, the Mbororo and the Pygmies, are faced with relentless
encroachment on the land on which they depend for their livelihood, in violation of both the
Declaration on the Rights of Indigenous Peoples and the right to food.
45.
Secondly, the Special Rapporteur has been informed that traditional chiefs
sometimes cede land occupied by communities according to customary law without any
compensation being given to individual members of the community or the community as a
whole.
46.
Thirdly, article 12 of Order No. 74-1 and Act No. 85-09 of 4 July 1985, on
expropriations carried out in the public interest and compensation arrangements, should, in
principle, provide a guarantee that expropriations will not be carried out unless they are “in
the public interest” and unless compensation is provided to the occupants. The Special
Rapporteur has received reports, however, that land not registered by those who occupy it is
sometimes expropriated without compensation being provided. Moreover, according to
Order No. 74-2 of 6 July 1974, on State land, the State can grant private investors long
leases, of up to 99 years, on land that has been expropriated in the public interest (art. 10,
para. 3). This can have the effect of nullifying the requirement that expropriation should
only take place in the public interest.
47.
Lastly, the conditions under which concessions are granted by different ministries
will cause major difficulties in the future. Concessions are granted for agro-industrial
plantations and mineral exploration, but there is no register to ensure against duplication of
concessions. Thus investors are facing a situation of real legal uncertainty. Cameroon risks
being presented, in the coming years, with claims from investors that come to the
conclusion that they cannot make a profit from exploration activities because of competing
claims to a given piece of land.
48.
The Special Rapporteur recommends that a full review be conducted of the land
tenure system with a view both to guaranteeing the rights of land users, including
indigenous groups, and creating a legal framework to avert the possibility of multiple land
disputes in the future. Such a review would ensure that the system is brought into line with
the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and
Forests in the Context of National Food Security, endorsed by the Committee on World
Food Security on 11 May 2012, and that due account is taken of the principles put forward
by the Special Rapporteur to make sure that large-scale investments in agriculture are made
with due respect for all human rights, including the right to development
(A/HRC/13/33/Add.2). It would also provide an opportunity to hold a transparent and
participatory debate on the opportunity costs of granting land to investors that plan to
develop agro-industrial plantations, when strengthening small local farmers’ access to land,
by means of adequate State support, could do more to improve local food security and
reduce rural poverty. In this regard, the Special Rapporteur recalls that smaller plots are
generally more productive per hectare and contribute to local food security and rural
development, because they are used for a more labour-intensive form of agriculture that
combines food and cash crops. He also recalls the possible benefits of combining the
development of large-scale agro-industrial plantations with the use of contract farming on
village plantations. These formulas afford small producers with land bordering on large
plantations better access to markets and the opportunity to receive technical support from
buyers (A/66/262). The Special Rapporteur points out that oil palm production is
particularly suited to this model.
or individuals.
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