The Environmental Rights of Minorities in Peril: Are Indigenous Peoples Entitled to the Constitutional Human Rights to a Healthy Environment in Cameroon?
摘要
Conservation of the environment aims at keeping it safe and healthy. Principle 1 of the Rio Declaration is to the effect that, Human beings…are entitled to a healthy and productive life in harmony with nature. Indigenous Peoples (IP) are humans who are entitled to a healthy and sustainable environment. The term IP is complex and variegated. The most cited definition is that proffered by Cobo the then UN Special Rapporteur for the Sub-Commission on the Prevention of Discrimination and Protection of Minorities. The Commission identifies certain criteria that can be used to identify IPs, with self-identification as a key criterion. Articles 4k of the 1996 Law on Environmental Management in Cameroon provides a detailed definition of the word environment. The environment includes the surface of the earth, natural resources, lands and waters, mountains and plains, fertile lands and deserts, oceans, storms, and cyclones. IP as human beings, have the right to a healthy environment. The question is whether IP enjoys the right to a healthy environment in Cameroon. The main objective of this chapter is to appraise the legal framework for the IP’s right to a healthy environment in Cameroon. It adopts the doctrinal methodology discusses the concept of IP and portrays the relationship between IPs and the Environment. It evaluates the guarantees and protection of the IPs’ rights to a healthy environment in Cameroon.