A/HRC/22/50/Add.2
59.
Steps have been taken to improve this state of affairs so that the population can
profit from the country’s natural resources in accordance with the requirements of the right
to development. A joint order issued on 26 June 2012 fills a gap in the system that was first
introduced in 1994 by providing for the establishment of an additional mechanism to
monitor allocated funds, verify how they are being used and help to shape decisions on how
this revenue should be spent. The Special Rapporteur encourages Cameroon to continue on
this path by: (a) guaranteeing the transparency of transfers, for example by requiring
councils and local committees to publish figures on the royalties paid to villages, informing
citizens in radio broadcasts about how the money has been used and publishing a list of
expenditures at the end of the budget year; (b) building the capacities of local communities,
especially women and indigenous communities, to participate in taking decisions about the
use of tax revenue; (c) encouraging investment of this revenue; and (d) strengthening
monitoring, appeals and sanctions mechanisms. The Special Rapporteur also encourages
the Government to issue a joint ministerial order for the mining sector, equivalent to the
one issued in 2012 on the distribution of forest revenue in which the modalities for
allocating royalties to local communities are defined in line with the decree of 2002 on the
implementation of the 2001 Mining Code.
60.
The strikingly low rate of tax on agricultural concessions is difficult to ignore. By
way of illustration, SG Sustainable Oils Cameroon (SGSOC, a wholly owned subsidiary of
Herakles) was given a 99-year lease on 73,086 hectares of land in exchange for paying an
annual fee of US$ 1 per hectare (for developed land) and US$ 0.50 per hectare for
undeveloped land. The 50-year lease granted to the HEVECAM company on 7 January
1997 for an area of 40,000 hectares amounts to CFAF 150 million (subject to review every
15 years by agreement between the parties). The 99-year lease granted to SOSUCAM on 20
April 2006 on an area of 11,980 hectares is worth CFAF 77,354,860 (subject to review
every five years), and the lease granted to SOCAPALM on 12 July 2000 for an area of
78,529 hectares is worth CFAF 392,645,000 (subject to review every 15 years by
agreement between the parties). According to a guide that the Ministry for Property and
Land Affairs prepared for users of the land tenure system, the annual fee payable on land
concessions is one CFA franc per square metre.
61.
As for forest concessions, with the competition generated by the introduction of a
public tendering system for awarding logging rights, payments from companies wishing to
gain the access to forests (forest royalties, in particular) have increased from a baseline of
US$ 0.6 per hectare per year in 1990 (set by the authorities). Average payments were US$
5.6 per hectare per year for forest management units in 2006, and US$ 13.7 per hectare for
timber sales in 2005.28
62.
The Special Rapporteur recognizes that it is a complex task to optimize the taxation
of natural resources, particularly those in the forests of the Congo Basin. There is a high
level of information asymmetry between the Government authorities and the forestry
industry. It is not easy to estimate the value of the numerous species, of differing quality
and types, that are traded within vertically integrated companies, nor is it easy to predict
how companies will adapt to new measures.29 Lastly, the annual forest royalty fee on the
basis of which competitive tenders are awarded is only one part, albeit the largest part, of
the forest tax, which also includes a slaughter tax, exit rights for timber, the export
surcharge on timber, and the sawmill entry tax.
28
29
GE.12-18864
G. Topa, A. Karsenty, C. Megev and L. Debroux, Forêts tropicales humides du Cameroun, Une
décennie de réformes (Tropical rainforests of Cameroon, A decade of reforms), World Bank and
PROFOR, Washington, 2010, p. 232.
A. Karsenty, “Forest taxation regime for tropical forests: lessons from Central Africa”, International
Forestry Review, Vol. 12 (2), 2010, p. 122.
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