MBOSCUDA’S ACCESS TO JUSTICE PROGRAM & PROMOTION OF LAND RIGHTS FOR MBORORO

PASTORALISTS OF N.W CAMEROON.

MBORORO PROTECTION OF COMMUNITY LAND RIGHTS THROUGH COURT ACTION.

By Barrister Robert Fon, Legal Consultant, MBOSCUDA

CAMEROON

Map of North West Province of Cameroon in Africa

Africa Cameroon North West Province

Mbororo-Fulani pastoralists in NW Cameroon

• Mbororos entered Cameroon from 1905 • Considered as strangers by local farmers• Remote communities with pastoralist traditions• Low levels of literacy & awareness• Non-engagement with state agencies • Severe social exclusion & Land rights issues

emerged from this context

Land rights context in NW Cameroon

• Conflict between cattle herders & crop farmers • State persecution & exploitation • Seek for quick solutions to problems (corruption) • Marginalized due to their origin, culture and

lifestyle• 1990 Freedom of Association• Human Rights principles enshrined in Cameroon

laws (liberty laws)• 1992 MBOSCUDA created as a cultural

organisation

Access to Justice & land Rights

• Pioneering legal literacy in NW Cameroon– Access to justice & legal representation– Advocacy with government agencies, within

communities, and wider Cameroonian society

• Unique approach to creating access– Extensive research in Mbororo communities– Providing legal advice and representation at point-of-

need in communities– Challenging Social Exclusion project

Project Design & Implementation

• Psycho-Legal Extension Model (An alternative paradigm in challenging social exclusion).

• Use of psychology & law to fight for Human Rights• Psycho-Legal Counsellors trained and functional in 7

Community advised and assistance offices opened in all 7 divisions of N.W.P

• REFLECT• Community education• Social drama• Legal representation• Assist in registration of lands

Resolving land conflicts

• Over 400 farmer / grazer land disputes dealt with through conflict resolution

• 14 cases of Mbororo registration of land for permanent development

• Set legal precedent (now common) of challenging misapplication of legislation by government departments and law courts

Tackling State Persecution

• Taking government officials to court for violations of people’s rights – Brigade Commander of Misaje,

• Challenging powerful people who have learnt how to exploit a corrupt system of government

• Represent Human Rights victims in court

Alhadji Baba versus Sabga Community

• 1987 Alhadji Baba opened the Elba Ranch in the N.W.P Cameroon with more than 70 Mbororo families and 10,000 cattle displaced without compensation.

• 2002 Alhadji Baba bought 3 tea estates from government.

• Elba ranch transformed to a tea estate• Encroachment into entire Sabga

Community grazing land.

Land Conflict

• Sabga youths destroyed Alhadji Baba’s structures in their encroached land.

• Usman Haman arrested by Gendarmes and severely tortured in Alhadji Baba’s residence.

• Other Mbororo youths were arrested including MBOSCUDA President

• Musa Bure was shoot by Gendarmes but did not die

• Arrested youths were detained in Bafoussam prison.

Court Action

• Action for bail instituted• 4 Mbororo youths charged with

destruction, arson, criminal trespass and possession of firearm in the Bafoussam Military Tribunal

• Mbororo youths convicted to 10 years imprisonment and to pay Alhadji Baba 1,500 pounds

• Judgment appealed against.

Court of Appeal

• North West Court of Appeal discharged and acquitted 4 Mbororo convicts.

• Alhadji Baba defeated in Court for the 1st time• Sabga community grazing land was secured as

court ordered Alhadji Baba to quit• The judiciary can be used to protect and enforce

land rights for pastoralists.• More than 50 Land Rights cases successful in

court to protect and enforce Mbororo pastoralist land rights.

Outside Court of Appeal

Any Questions?

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