Exploring the Contentious Politics Between Development and the Human Right to a Healthy Environment in Cameroon: Insights from Land Grabbing
摘要
Over the last two decades, the proliferated literature on land grabbing has focused solely on its human rights implications, the need for effective governance of land rights, and issues about deregulation. There is a dearth of scholarship on the role of land grabbing as a vehicle of contestation or as perpetrating the divide between development and environmental conservation. In this chapter, I depart from the assumption that the conventional thinking often implicit in domestic legal and policy efforts governing natural resource extraction and the need to ensure environmental protection, are crucial to ensure and propel sustainable growth. Land grabbing has resulted in contentious politics between foreign investors and host governments who favour the activity for economic reasons, and local communities and environmentalists concerned about the environmental impacts of the activity on their fundamental human rights. This politics brings into sharper focus the inherent contention between two competing constitutionally justiciable rights in Cameroon: the right to development and the right to a healthy environment. This is the context in which this chapter should be read. Here, I revisit the contention between these rights from the perspective of land-grabbing in Cameroon. I specifically argue that the phenomenon hinders the advancement of the vision and objective of the constitutional premise of the right to a healthy environment, and accordingly derogates from the need to protect the environment. Gleaning from the 2022 Draft UN Convention on the Right to Development, I question and demonstrate whether sustainable development and a framework for foreign agri-investment governance could be a useful catalytic tool in bridging this gap.