Access to Environmental Information in the Context of Development Activities in the Legal Framework of Cameroon

Jean-Claude N. Ashukem

doi:10.5771/0506-7286-2017-4-435

Contents
- Chapter Expand | CollapseAuthorsPage
- 329–331 Titelei/Inhaltsverzeichnis 329–331
- 332–434 Abhandlungen / Articles 332–434
  - 332–366 Access to Information as a Human Right and Constitutional Guarantee. A Comparative Perspective Michael Riegner Michael Riegner 332–366
  - 367–389 Access to Information and Constitutional Accountability: Ruffling Feathers in South Africa Richard Calland Richard Calland 367–389
  - 390–411 State Transparency after the Neoliberal Turn: The Politics, Limits, and Paradoxes of India’s Right to Information Law Aradhana Sharma Aradhana Sharma 390–411
  - 412–434 The Right to Information System in Brazil: Tensions between Transparency and Control of Information Marcio Camargo Cunha Filho Marcio Camargo Cunha Filho 412–434
- 435–450 Berichte / Reports 435–450
  - Access to Environmental Information in the Context of Development Activities in the Legal Framework of Cameroon Jean-Claude N. Ashukem Jean-Claude N. Ashukem
- 451–464 Buchbesprechungen / Book Reviews 451–464
- 465–478 Bibliographie / Bibliography 465–478
  - 465–465 RECHT UND ENTWICKLUNG ALLGEMEIN / LAW AND DEVELOPMENT IN GENERAL 465–465
  - 465–469 AFRIKA /AFRICA 465–469
  - 469–471 ASIEN /ASIA 469–471
  - 471–474 LATEINAMERIKA / LATIN AMERICA 471–474
  - 474–478 NAHER UND MITTLERER OSTEN / NEAR AND MIDDLE EAST 474–478
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VRÜ Verfassung und Recht in Übersee , page 435 - 450

Access to Environmental Information in the Context of Development Activities in the Legal Framework of Cameroon

Autoren

Jean-Claude N. Ashukem

DOI
- doi.org/10.5771/0506-7286-2017-4-435
- ISSN: 0506-7286
- ISSN online: 2941-9603
Abstract

This article focuses on an examination of the substantive content of section 7 of Law No 96/12 of 5th August 1996 on Environmental Management in Cameroon (Law No 96/12) and argues that the incompleteness of section 7 has made it difficult for people to effectively gain access to environmental information held by public and private bodies (including foreign corporations) during the planning and implementation of development activities. The lack of access to publicly and privately held information appears to raise significant concerns about the environmental governance paradigm in the country, as well as the protection of human-and environment-related rights, when analysed from a rights-based perspective. Questions that arise in this regard include: what is the substantive content of section 7 of Law No 96/12 insofar as it relates to the right to access to information and environmental information in Cameroon generally? Does section 7 afford people a sufficient guarantee and protection for them to be able to effectively gain access to information generally and protection in the development context particularly? Could a Cameroonian court enforce the right embodied in section 7 of Law No 96/12, and what parameters could be used by the court to enforce the right? Are there any loopholes in section 7, and if so, how could they be closed? This article attempts to provide answers to these interrelated questions by specifically focusing on an analysis of the substantive content of section 7 and the difficulty it poses to people who wish to gain access to publicly and privately held information. More importantly, the article relies on examples of development activities in Cameroon, and critically analyses them in order to be able to suggest the reason(s) behind the perceived reluctance to grant access to publicly and privately held information during the execution of development activities. The article concludes that there is an urgent need for the Cameroonian legislature to enact and adopt national legislation on access to information in order to address the current legal loophole.
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