Environmental Constitutionalism in Cameroon: Measuring Progress towards its Implementation 20 Years since the 1996 Constitutional Amendment

2021, Environmental Constitutionalism in Cameroon: Measuring Progress towards its Implementation 20 Years since the 1996 Constitutional Amendment”, in A.D. Olinga (dir.), La Réforme Constitutionnelle du 18 Janvier 1996 au Cameroun 25 ans Après

Abstract This paper investigates environmental constitutionalism in Cameroon and makes an in-depth assessment of the degree of its implementation 20 years since its inception in the 1996 constitutional amendment, as a springboard for reinforcing the legal regime of environmental protection in the country. Using the 1996 constitutional dispensation as amended in 2008 as the benchmark for assessing progress towards its implementation, the objective of the paper is to: ascertain the constitutional environmental provisions; determine their legal status; assess the degree of their practical implementation; the factors that influenced the incorporation of environmental protection provisions; the types of environmental protection provisions; their enhancement; the importance of environmental constitutionalism; and to determine the existence of a favourable legal environment for the adjudication of constitutional environmental protection provisions in Cameroon. We assume that environmental constitutionalism in Cameroon is weak and remains dormant. Using the genealogical, doctrinal and the analytical methodological approaches in the treatment of primary and secondary data, the article assesses the progress towards the implementation of environmental constitutionalism in Cameroon taking the 1996 constitutional amendment as the reference point against which to measure the implementation progress, with a view to determining the extent of its implementation in the country. The paper concludes that environmental constitutionalism is weak in Cameroon and that the country is yet to adequately engage environmental constitutionalism in terms of all its dimensions – substantive and procedural incorporation and adjudication in terms of justiciability, competent court and locus standi to institute actions to enforce constitutional environmental provisions. The article ends with some recommendations on the way forward to enhance environmental constitutionalism as the springboard for general and effective environmental protection in Cameroon.

Key words: 20 years, amendment, Cameroon, constitutionalism, environmental, extent, implementation, incorporation, justiciability, locus standi, measuring, progress, provisions, weak.