Reference

The name of the author: Prince Babiene Sona (Esq) co-authored with  Ndip Ojong Emmanuel
The year of publication: 16 January 2023
Name of the Website: Human Rights and Legal Research Centre,
The URL or link: https://hrlrc.org/2023/01/16/legal-implications-of-oil-and-gas-acivities-on-the-environment-in-cameroon-an-appraisal-2/

The date you visited the website:

 BACKGROUND TO THE STUDY

As was held in the landmark case of Juan Antonio Oposa v. Factoran^[1], “the right to a healthy environment is a basic human right and lawmakers need not write it in the Constitution and the fact that it is codified, underscores its importance and requirement of state compliance”

The threat to the human environment from the progressive deterioration of the biosphere has emerged as a central issue of this decade. Accelerated industrialization, rapid urbanization, the pattern of increasing consumption of natural resources, the development of modern agricultural and transportation techniques, rising standards of living and the haphazard manner in the exploration, exploitation, production and refining of oil and gas resources have not only modified the ecological balance on which the quality of the environment depends, but presents great threats to human survival.^[2] In modern times, oil and gas resources are perhaps the most important source of energy globally. As Gao^[3] indicates, it is ‘critical to national strategies and crucial to international politics’. He further considers oil and gas as precious substances indispensable to the economic progress and prosperity of all countries.  Given its importance, oil and gas resources have gained prominence in today’s contemporary society as a whole and Cameroon in particular. It accounts for approximately 60% of the world’s commercial energy. A famous industrialist by the name of Smil^[4] describes it as the “lifeblood of the modern world” stating; “without oil, there would be no globalization, no plastic, little transport, and a worldwide landscape that few would recognize”.

The economic development of any state is associated with the ability to extract and govern its endowed natural resources, among others.^[5] It is worth noting that the integration of the natural resource industry with other sectors is important in creating synergy between them, thereby stimulating the development of other sectors in a holistic production chain.

As an invaluable resource, oil exploration in Cameroon began in 1947 during the colonial period, and led to the discovery of the first commercial deposits in 1972. Commercial production started in 1977 in the Rio del Rey basin on the west coast of Cameroon, run by the French oil company Elf Aquitaine.^[6] With the retrocession of the potential oil and gas rich peninsula of Bakassi by Nigeria in 2006, new explorations have been registered and discoveries are expected to boost the country’s reserves considerably.^[7] The significance of the oil sector is even more visible regarding its contribution to the country’s foreign exchange earnings and government revenues. Crude oil products are Cameroon’s main export, representing more than 55% of export revenues in 2007, far beyond timber and wooden constructions, at about 15% of revenues, and cocoa beans, at 0.2%.^[8]

In view of such importance of oil and gas resources, it is feared that uncontrolled oil and gas exploration and their associated activities could impact negatively on the surrounding terrestrial and aquatic ecosystem and biodiversity. Already, NGOs and the public have expressed concern over lack of proper social and environmental impacts assessment prior to the commencement of oil and gas projects.

For a number of decades now, the main concern is how the political elite in the entire African continent and Cameroon in particular is governing the exploration and exploitation of oil and gas resources in an environmentally friendly manner.  

During the past decades, environmental concerns have been growing in importance on the international agenda and with good reason. Mankind is part of nature and life depends on the uninterrupted functioning of natural systems, which ensures the supply of energy and nutrients. Humans are directly dependent on the uninterrupted functioning of natural systems, which ensures the supply of energy and nutrients. Humans are directly dependent on ecosystems as well as natural resources for their livelihood and other basic needs.^[9] Although the dependence is often more apparent in rural communities, urban ecosystems require adequate prevention and protection. In context therefore, environmental protection can be achieved inter alia by

• International Treaties and Declarations.
• National laws defining the environmental values to be preserved and protected.
• Statutory and customary legal instruments to reach the objectives fixed by the environmental policy in place.

The right to a healthy environment is a developing legal standard that is currently implemented in evolving international customary law. Recognizing the right to a healthy/clean environment as a human right will change the adjudication of environmental cases, mechanisms, remedies available for environmental rights claim. Due to the inadequacy of national laws in providing solutions to environmental mishaps posed by the oil and gas industry of Cameroon. environmental law seeks to protect natural resources and ecology; yet it provides little or pays little premium to the means of redress for the individual. When a state jurisdiction proves inadequate to resolve the harm caused to a victim of environmental abuse, there is little redress available for the victim.^[10]

Due to the low priority given to environmental issues in most developing countries, and Cameroon in particular, there tend to exist ineffective management frameworks, and the implementation of international environmental legal framework and policies in the oil and gas industry tend to be weak and minimal.^[11] The state of the environment in Cameroon is therefore important because in plays a role of economic development of the country. It is therefore important to examine the extent with which international regulations help curb environmental degradation caused by the oil and gas industry in Cameroon.

EFFECTS OF OIL AND GAS ACTIVITIES ON THE ENVIRONMENT

Oil exploration and exploitation has been on-going for several decades in the country. It has had disastrous impacts on the environment in the region and has adversely affected people inhabiting that region. Cameroon consists of diverse ecosystems of mangrove swamps, freshwater swamps, rain forest and among the most important wetland and marine ecosystems in the world, but due to oil pollution the area is now characterized by contaminated streams and rivers, forest destruction and biodiversity loss in general the area is an ecological wasteland. This affects the livelihood of the indigenous people who depend on the ecosystem services for survival leading to increased poverty and displacement of people. The oil industry located within this region has contributed immensely to the growth and development of the country which is a fact that cannot be disputed but unsustainable oil exploration activities has rendered the nation to be amongst the most severely petroleum damaged ecosystems in the world.

The larger population of the country survives on services provided by the ecosystem; agriculture, industry, fishing, food, drinking water, wood, shelter, medicine, employment and aesthetics. All aspect of oil exploration and exploitation has adverse effects on the ecosystem and the local biodiversity. Oil exploration by seismic oil companies involves clearing of seismic lines, dynamiting for geological excavation, which affects the aquatic environment and causes sound pollution scaring away terrestrial and marine wildlife from their habitats. It causes mortality in fauna, turbidity in the water that leads to  blockage of gills of the filter feeders in the benthic fauna, reduction of photosynthetic activity caused by the water turbidity that reduces the amount of sunlight penetration.  Oil and gas pipeline have been installed covering 7,000km to enhance the distribution of crude oil products to other parts of the country.^[12]

 The installation of these pipelines involved clearing large areas of habitat to make pipeline tracks. These pipelines run across the rainforests and mangroves with incidences of leakage and rupture and accidental discharges. These discharges are caused by vandalism, failure of pipeline integrity due to aging and defects in material. Most incidences of the reported oil spillages have occurred in the mangrove swamp forest, which is one of the most reproductive ecosystems rich in fauna and flora.^[13]

Also, Gas flaring introduces toxic pollutants such as (SOx, NOx, CO etc) to the atmosphere. The presence of extra H+ ions in the rainwater through diffusional effects of trans-atmospheric aerosol and other gaseous pollutants from the gas flare result in acid rain which has led to loss in biodiversity, with forest and economic crops being destroyed, deteriorating health conditions of the general economic life of the environmental inhabitants. Also, damaging of buildings and vehicles are evident in the communities as building roofs are corroded few years after being put to use, tarnishing of building and other car paint works, corrosion of car body and other metallic appliances exposed to the atmosphere is a common sight within the community affected by acid rain. The dominance of grasses and shrubs in some parts of the region is indication of loss of natural forest; this may be due to acid rain but other factors maybe the cause such as agricultural activities and the exploration and exploitation of oil companies. The concentration of acid in rainwater appears to be higher in Cameroon and decreases further away from the region.  The heat generated from gas flaring kills vegetation around flaring area, destroys mangrove swamps and salt marshes, suppresses the growth and flowering of some plants, induces soil degradation, and diminishes agricultural productivity^[14]. A study by Salau and Adeyemo^[15] about the impact of gas flaring on agriculture showed a direct relationship between gas flaring and productivity decline in agriculture.

Apart from the above issues the toxicity to humans causing respiratory illness, leading to kidney disease, neurological disease, and potential death^[16]. Also, one out of every 10 infants is born with one form of deformity or the other while the rate of infertility among women of child bearing age is in the decline. Oil exploration and exploitation activities such as this have significantly contributed to the environmental degradation of the country in spite of government measures to stop gas flaring by 2008 and the existence of monitoring agencies, regulations and standards, the flaring activities in the area is still a problem. Gas flaring in the area is a major source of COx, NOx, SOx and particulate matter and the cumulative environmental impact of these flaring activities result in contaminant build up on land, shallow ground water, greenhouse effect and general global warming and have also caused high concentration of acid rain within the region.

IMPLICATIONS OF ENVIRONMENTAL LAW ON OIL AND GAS GOVERNANCE

In order better appreciate the implications of environmental law on oil and gas governance, one must make recourse to land ownership. Land includes mines and minerals, whether or not held apart from the surface. Land is not just the actual surface but also the land below and the airspace above. This is usually expressed by the Latin maxim cuius est solum eius est usque ad coelum et ad inferos[17] (meaning he who owns the land owns everything reaching up to the very heavens and down to the very depths of the earth). This statement means that whoever has a legal estate in land owns not only the surface of that land, but also the airspace above the land to an unlimited extent and the land below also to an unlimited extent.[18]

This view raises the issue of the rights of landowners vis-à-vis the natural resources contained in them.[19] This general proposition of the law as per the Cameroonian 1974 Land Ordinance[20] which deals with the acquisition, use and enjoyment of land, and defines the extent of rights of individuals, private or public bodies and activities over land. All land in the state vests in the state who shall ensure that land comprised within the state is used for the benefit and enjoyment of the citizens. In fact, the Cameroonian Petroleum Code and Gas Codes further provides that all natural resources shall be owned by the state of Cameroon.

The implication for the environment is therefore very obvious, in that the activities of oil and gas companies and its agencies which create environmental problems, for example in oil and natural gas prospecting operations can only be controlled and remedied by them. This is so, because such mining and hydrocarbon activities are tied to state ownership of land in Cameroon and the activities carried on in the land usually raise environmental problems which impact negatively on the lives of citizens. Because land belongs to the state, environmental considerations and protection becomes the duty of the state and she must of necessity play a leadership role in it.

 It is in this regard that the        Cameroonian government has attempted albeit, feebly to enact certain laws aimed at environmental protection. Furthermore, because land belongs to the state and all the natural resources contained in them, the state owns and manages the financial resources accruing from them.

The implications for environmental law and governance of natural resources under the Cameroonian 1996 Constitution is therefore, that the duty to “protect and improve the environment…” vests on the Government of Cameroon. Natural resource activities, particularly oil exploration and production by the state owned agencies and foreign oil companies have serious impact on the “natural environment”. These activities involve projects that destroy the environment: land clearance for seismic lines which destroys flora and fauna and causes deforestation; establishment of seismic and drilling camps, infrastructure construction, and drilling for the oil. All these causes environmental problems ranging from deforestation, displacement of communities and persons from their ancestral land, oil spills, flaring of gas and “these activities and their effects leave an environmental footprint”.

The impact of hydrocarbon operations and crude oil exploration and production on vegetation, aquatic lives and public health, particularly in the Ndian Division of Cameroon has been described as “ disastrous”.[21] The statement “environmental situation… needs urgent and focused attention”[22] is so, because the government of Cameroon who owns and controls natural resources in only paid lip service to solving the environmental problems created by their poor management of environmental issues arising from activities connected with hydrocarbon and crude oil operations in the country. Despite the plethora of environmental laws and regulations that, the country’s environment has continued to be impacted by oil and gas flaring pollution and discharge of hazardous substances into the environment.

The Legal and Institutional Framework on oil and Gas Activities in Cameroon

The Constitution

The Cameroonian Constitution is the highest law of the Land of Cameroon. The reunification of the two Cameroons to form the Republic of Cameroon on the 20th of May 1972 led to the adoption of the 1972 Constitution of the United Republic of Cameroon. As such, the Cameroonian Constitution which was promulgated in 1972 although amended several times forms the basis of the current Cameroon Constitution. On the 18th of January 1996, the Cameroonian National Assembly passed Law No. 96/06 which amended the Constitution of 2 June 1972.10 In April 2008, the Cameroonian National Assembly passed Law No.2008/001 of 14 April 2008 to amend and supplement some provisions of Law No. 96/06 of 18 January 1996 to amend the Constitution of 2 June 1972.[23]

The Cameroonian Constitution doesn’t mention much about Natural resources and oil and gas in particular. This notwithstanding, the Preamble of the Constitution provides that, ‘We the people of Cameroon resolve to harness our natural resources in order to ensure the well-being of every citizen without discrimination, by raising living standards, proclaim our right to development as well as our determination to devote all our efforts to that end…’ The Preamble of Cameroons Constitution which is considered as part and parcel of the Constitution[24] provides that oil and gas  resources be used for the wellbeing of all Cameroonians.

The State is therefore bound as per the Preamble of the Constitution to use the proceeds of oil and gas to cater for the wellbeing of its citizens. Knowingly that oil and gas operations comes along with some environmental vices, oil and gas operators must as a matter of fact adhere to environmental norms. This will go a long way to protect the wellbeing of all citizens.

The Petroleum Code

The Cameroonian Petroleum Code[25], aimed at promoting Petroleum operations throughout the national territory in the Upstream Gas sector. It lays down several conditions for hydrocarbons prospection, exploration and transport. It also governs the legal, fiscal, customs and exchange schedule of Petroleum operations and determines the rights and obligations relating to Petroleum operations.[26] Specific provisions of the Petroleum Code regulates oil and gas activities in Cameroon. It also provides for adherence to environmental norms by petroleum operators. These provisions are analyzed in detail hereunder.

It is therefore on the above premise that sections 4 of the Petroleum Code provides that, 

Natural persons or legal entities, including the owners of the surface area, may only undertake Petroleum operations if previously authorized so to do by the State.

 Obtaining authorization from the State is thus a condition Sine qua Non for natural persons or commercial companies to carry out petroleum operations.

As enshrined in sections 5(1) of the Petroleum code, the state reserves the right to undertake Petroleum operations either directly or through duly mandated government bodies or units. It may also authorize commercial companies to carry out Petroleum operations in furtherance of a Petroleum contract entered into between them and the State.[27] Going by the provision of sections 4 and 5 of the Petroleum Code, it can be said with confidence that Natural persons and corporate bodies can only carry out oil and gas operations after obtaining permission from the state.[28] This can be done by way of a Petroleum Contract.

With respect to environmental issues, the Petroleum Code obliges the holder of a petroleum contract to conduct in all circumstances in such a way that will conserve natural resources and the essential characteristics of the environment and the ecosystem.[29] Since operations associated with the exploration and exploitation of oil gas has the potential to damage the environment, the contract holder is oblige to undertake an environmental impact assessment prior to the commencement of activities.[30]

This assessment permits the oil company to evaluate the direct and indirect consequences of and the petroleum activities on the ecological equilibrium and on the social life of local inhabitants. Companies definitely go beyond the legal obligation so as to reassure the local communities that oil exploitation will benefit them

At the end of the Petroleum contract, the holder of an Authorization shall repair any damages caused by its Petroleum operations to the land used; he shall be liable in such case to pay a compensation amount commensurate to the damages caused to be determined by mutual agreement between the parties concerned or in default by competent court. Claims for compensation shall be filed not later than one year from the date the event causing the damages cease to exist. In the event where such damages weren’t caused by the Holder, the State shall incur no direct or indirect liability vis-`a-vis third parties for any damages resulting from the performing of the Petroleum Operations by the Holder.

In all, the holder of a Petroleum Contract is bound as per the hitherto mentioned provisions to carry out his activity in an environmentally friendly manner.

The Gas Code

Law No 2012/006 of the 19^th of April 2012 to institute the Gas Code governs activities in the downstream oil and gas sector comprising transportation, distribution, processing, storage, importation, exportation and marketing of natural gas within the territory of Cameroon.[31] The law therefore has as purpose to promote the development of the downstream gas sector in Cameroon.

Going by the provisions of the Petroleum Code, it is the state that manages oil and gas resources and whosoever wishes to carry out operations in the downstream oil and gas sector must do so in an environmentally friendly manner.

As enshrined in Sections 6 of the Gas Code, any natural Cameroonian or foreign person residing in the Republic of Cameroon or any corporate body governed by the Cameroonian private or public law without discrimination, may undertake on Cameroonian territory, any activity in the downstream gas sector, provided that such person or corporate body has been granted prior authorization in accordance with the laws and regulations in force. 

These public establishments and affiliated companies can undertake and accomplish works of valuation and exploitation individually or jointly. Hydrocarbons discoveries are exploited as per this law and in relation to public establishment, the award of concessions is subordinate to signing of a contract with the state. This contract defines the commercial and financial terms and lays down the conditions for funding the investments, the sharing of production, the modalities for the conduct of the operations. With this set out, it facilitates the governance of the exploitation and exploration of oil and gas resources in Cameroon.

As regards environmental issues, Sections 30 (1) of the Gas Code provides that the operator shall be bound to comply with the laws and regulations in force governing environmental protection and safety, and universally accepted norms of environmental protection and safety. This provision therefore makes it obligatory for oil and gas dealers to comply with international norms on the environment in the downstream gas sector. In fact, the holder of a processing license shall be bound to comply with the laws and regulations governing establishments classified as dangerous, unhealthy or obnoxious.[32]

The 1996 Framework Law on the Environment

Oil and gas activities are intrinsically linked to the environment. The past decade has also seen all trends of environmental degradation accelerate, for example, greenhouse gas emissions, deforestation, and loss of biodiversity. Such patterns of environmental destruction have been driven by increased economic activity, of which oil and gas activities has become an increasingly significant contributor. In a bid to counter the negative environmental effects associated with oil and gas activities that the Cameroonian legislator has put in place a stringent environmental regulation that dealers in the oil and gas industry are expected to adhere to.

As such, oil and gas operators must adhere to environmental norms spelled out in the 1996 Law relating to environmental management.^[33] It lays down a general legal framework for environmental management in Cameroon.^[34] In so doing, the 1996 law provides for environmental impact assessment. As enshrined in Sections 17(1) of the law,

The promoter or owner of any development, labour, equipment or project which may endanger the environment owing to its dimension, nature or the impact of its activities on the environment shall carry out an impact assessment, pursuant to the prescription of the specification. This assessment shall determine the direct and indirect incidence of the said project on the ecological balance of the zone where the plant is located or any other region, the physical environment and quality of life of the population and the impact on the environment in general.

The impact assessment shall comprise of an analysis of the initial state of the site and its environment, the reasons for choosing the site, an appraisal of the foreseeable consequences of the implementation of the project on the site and its natural and human environment, the various measures envisaged by the promoter or owner to eliminate, reduce and if possible, compensate for the harmful consequences of the project on the environment and the estimates of ensuing expenses.^[35] The impact assessment shall be included in a file submitted for public investigation where such a procedure is provided for.

Pursuant to sections 79 of the law, any person having implemented a project needing impact assessment, without carrying out such assessment shall be liable to a fine of 2000000 to 5000000 CFA frs and with a prison sentence of 6 (six) months to 2 (two) years, an investor whose activities pollutes or degrades the soil and sub-soil will also be sanctioned. The 1996 Framework Law on the environment is therefore one of the primary laws aimed at ensuring that oil and gas activities are being carried out in an environmentally friendly manner.

INSTITUTIONAL FRAMEWORKS ON THE GOVERNANCE OF OIL AND GAS IN CAMEROON

As stated by Gabriel[36],

the legal situation in any given country cannot be solely determined by … legislations (Law books). Instead, it is a joint product of the initiatives of the legislator, the interpretation and application by courts and the practice of administrative authorities or other relevant actors (law in action).”

In this light, after haven’t discussed the legal frameworks governing oil and gas resources in Cameroon, it becomes necessary to ascertain the role played by institutional mechanisms governing oil and gas resources in the country. Hence, the researcher investigates and explicates on the role of some national institutions such as the Ministry of Mines, Industries and Technological Development. The researcher further analyzes the role played by Cameroonian courts in the enforcement of laws regulating the oil and gas industry.

The Ministry of Mines Industries and Technological Development

Created by Decree No.2011/410 of 9th December, 2011, The Ministry of Mines, Industries and Technological Development are the main institution of the Cameroon Hydrocarbon sector.[37] Pursuant to Decree No 2012/432 of 1st October 2012, the Ministry of Mines, Industry and Technological Development (MINMIDT) is headed by a Minister.[38] The Ministry is in charge of Governments mining and industrial policy and technological development strategies within the various sectors of the national economy. As such, the ministry is in charge of: 

• [39]

The MINMIDT is therefore that ministry in charge of granting authorization or licence to individuals who wish to carry out operations in the oil and gas sector. Hence any individual that wishes to engage in the oil and gas industry must obtain permission from the Minister in charge of Mines, Industries and Technological Development. 

The Courts 

The Cameroonian Court falls under the judicial arm of Government with basically two categories of Courts to wit: The Court of original Jurisdiction and the Court of appellate jurisdiction. As far as oil and gas issues are concerned, the former includes the Court of First Instance and the High Court, while the latter is comprised of the Courts of Appeal and the Supreme Court. 

The main legal instrument on the organization and functioning of Courts in Cameroon is the Law No. 2006/015 of 29 December 2006 on Judicial Organization as amended and supplemented by law No. 2011/027 of 14th December 2011. 

The 2006 Law on Judicial Organization establishes the Court of First Instance in all sub divisions of Cameroon with jurisdiction to entertain all criminal matters and to try all offences classified as Misdemeanours or Simple offences, to hear application for bail lodged by persons detained or charged with criminal offences within its jurisdiction and to try felonies by minors without adult co-offenders or accessories.[40]  Sections 15(1) of the Law No. 2006/015 of the 29th of December 2006 on Judicial Organization in Cameroon also provides that in Civil, Commercial and Labour Matters, the Magistrate Court is competent to hear matters where amount of damages claimed does not exceed 10.000.000FCFA.

The High Court which also serves as Court of First Instance is situated at each administrative division. It has jurisdiction to try felonies, related offences and grant bail in felonious offences.[41] In civil, commercial and labour matters, it hears cases related to the status of persons, marriage, divorce, filiations, adoption, inheritance; recovery of debts exceeding 10.000.000 FCFA; and cases where damages claimed exceed 10.000.000. 

Courts of Appellate Jurisdictions have the power to review decisions and change outcomes of decisions at the lower courts. The Judicial reforms of 1972 established Courts of Appeal for each of the country’s ten Regions[42] and a single Supreme Court situated in the capital of the country.[43] Appeals against decisions of the High Courts are made to the Court of Appeal of the Region and dissatisfaction with the outcome of the Appeal could give rise to further appeal to the Supreme Court situated in the capital city of Cameroon Yaounde. The Courts of Appeal therefore acts as appellate courts in Cameroon. They are defined in the Constitution of Cameroon as being under the Supreme Court.[44]

One may be tempted to wonder is the above description of the court is redundant to the study. It is necessary to point out the significance of the Courts to the study reason being that these courts are the machinery put in place to give effects to the legal frameworks governing oil and gas in Cameroon. Oil and gas disputes are often always referred to these courts and as such, knowledge of the description of the courts and their operations will illuminate the referral of oil and gas matters to the various courts.

 Environmental Degradation in Cameroon and its Effect on the People

In terms of environmental changes occurring within the region, large areas of mangrove forest have been destroyed which is a major source of wood to the indigenous people. When oil spills occur, the oil spreads over a wide area affecting terrestrial and marine resources. Some past spills have necessitated the complete relocation of some communities, loss of ancestral homes, pollution of fresh water, loss of forest and agricultural land, destruction of fishing grounds and reduction of fish population, which is the major source of income for the people. Which all constitute massive unquantifiable losses to farmers, fishermen and hunters. The pollution exposes people also to new risk of diseases

A study by Twumasi and Merem^[45] about the Cameroon forest area made assessments using Geo spatial Data processing and Analysis; Two Landsat Thematic Mapper I and Enhanced Thematic Mapper plus (ETM+) images, the analysis was for the period 1985-2005. The results showed a slight decline in water bodies from 343,654 to 343,513 hectares, mangrove and closed forest showed a decline from an initial estimate of 55,410 hectares in 1985 tom 37,117 hectares and closed forest from 250,161 hectares in 1985 to 175,609 hectares^[46].

In terms of the environmental problems associated with oil exploration and exploitation in the areas, in the past based on the oil spill occurrence, a lot has happened in terms of degradation of the environment. The problem with oil is that even years after a spillage, without proper clean-up and remediation, oil persists in the environment. 

Although, the activities that come with the oil exploration and exploitation causes alterations to the environment. Which significantly have negative effects; some of the effects that come with petroleum development can be reduced or prevented basically by taking some steps in terms of prevention. Monitoring is also essential but is lacking in Cameroon.  Monitoring the location of the oil companies; the terrain, the accessibility, revenue, manpower availability for the monitoring agency, qualified personnel are not available. This restricts the ability and efficiency of monitoring by the government.

Environmentalist and people generally give blame to the oil companies, but the Government provides the laws, legislations, and license, which the oil companies must adhere too. The Government has to take steps, which they have started with NOSDRA, NDDC, UNEP, UN SPDC and NGOs. Improvement  have begun in terms of achieving sustainable development in the country, the government should continue to allocate more revenue into the country for steps toward finding a permanent and lasting solution.

 CONCLUSION & RECOMMENDATIONS

To conclude, Cameroon`s way of dealing with the problems caused by liquid pollution, including oil pollution, has mostly relied on the command-and-control approach based on a set of laws designed to perform a preventive rather than a proactive role. The presence of well-drafted legislations that specify standards for various pollution and penalties for noncompliance has helped to reduce pollution to some extent. However, successful implementation of these laws and regulations has not been achieved to the required extent, starting from informal units, limited authorities of the regulators, political interference, and low remuneration for the officials involved that provides an incentive for corruption. Consequently, use of a combination of tools like economic instrument and the Command and control is proposed as this will help mitigate industrial liquid pollution if the actors involved in controlling this problem like the Ministry of Environmental Protection have to be given the full authority to impose penalties to ensure safety enforcement of actions not allowing many actors to take part in the implementation and monitory because it will cause conflicts and hence slow down the mitigation of industrial pollution. A judicious mix of legal process and sanctions duly complemented by the enforcement are needed to improve the governance of both polluting industries and to help protect the environment. Inadequate coordination between stakeholders is another issue that has to be solved because stakeholders have no collaborative forum between them so there is no way that pollution along the coast can be solved unless this issue of collaborative forum among these stakeholders is put in place. The fact that there is also corruption taking place between the stakeholders is another issue that needs to be adjusted.

Additionally, using methods of detection such as ARIEL project (Autonomous Robot for Identification of Emulsified Liquids) which aims to detect hydrocarbons at sea using multi drone system with the use of special cameras, thereby helping in obtaining detailed analyses in targeting mitigation actions if necessary. Spills prevention measures focused on; prevention of operational spills through monitoring of discharges, follow-up of high and very high-level alarms, as well as training of employees, among other measures, asset integrity including traditional measures such as tank and pipeline leak testing, double wall tank linings and equipment inspections among others. Oil and gas companies can also use non-potable water by filtration oxidization methods, as well as advanced chemical-free water treatment solutions to neutralize bacterial contaminants such as sulphate-reducing and iron-oxidizing bacteria, practice oil recycling and reduce methane risk.

 Another way of reducing the impacts of oil and gas activities on the environment is to exploit renewable sources of energy like solar and wind which help reduce acid rain, and produce much less pollution.

About the Authors:

Ndip Ojong Emmanuel is currently an Engineering Masters Student in Petroleum, Mines, Gas and Water Resources Exploration in National Advanced School of Mines and Petroleum Industries (ENSMIP) Kaélé Cameroon, a change Maker with keen interest in sustainable energy, clean water and social change.
He is the founder and Executive Director of Charity Against Hunger Organization ( CAH), Peace First Organization’s Ambassador for Sub-saharan Africa. Tel:+237651029524 Email : emmanuelndipojong@gmail.com

Footnotes

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[1] G.R. No. 101083 (224 SCRA 792).

[2] Status of Environmental Pollution, Cameroon: Towards a Pollution Free Planet, Available at https://wedocs.unep.org (Accessed on the 20/06/2021).

[3]Gao Z, International Petroleum Contracts: Current Trends and New Directions (Graham &
Trotman 1994) 1.

[4]  Smil V., “Oil: A Beginner’s Guide” (Oxford: One World Publications, 2008)., P. 4.

[5] Boadway Robin and Keen Michael, Theoretical Perspective on Resources Tax Design, in Philip Daniel et al (ed.), The Taxation of Petroleum and Minerals: Principles, Problems, and Practice, London and New York, Routledge, (2010), p. 13; See also, Vinuales Jorge, E., Foreign Direct Investment International Investment Law and Natural Resources Governance, in Morgera Elisa and Kalovesi Kati, (eds.), Research Handbook on International Law and Natural Resources, Cheltenham, Edward Elgar Publishing Limited, (2016), p. 33.

[6] Gauther B, &  Zaufack A, “Governance and Oil Revenues in Cameroon” (2019), Revenue Watch Project, OxCARRE, Oxford University,. Pp. 1 – 24:8.

[7] Ibid.

[8] Ibid.

[9] Oliver Ruppel & Catharina Ruppel, Environmental Law and Policy in Namibia: Towards Making Africa the Tree of Life (Orumbonde Press.na, Namibia 2013).. P. 5.

[10] David Hunter et al., International Environmental Law and Policy, (Foundation Press, 3^rd ed, 2006), P. 13

[11] Jha R. & Whalley J. “The Environmental Regime in Developing Countries” (1999), National Bureau of Economic Research, Working paper 7305.

[12] F.C. Onuoha,. Oil Pipeline Sabotage in Nigeria: Dimensions, Actors  and Implications for National Security L/C. African Security Review, 17(3) (2008)

[13]  Z. Nenibarini,. Impacts of Extractive Industries on the Biodiversity of the Niger Delta. National Workshop on Coastal and Marine Biodiversity Management. (2004)

[14] United Nations Development Programme, (2006:185,186)

[15] Adeyemo, A.M.. The Oil Industry ExtraMinisterial Institutions and Sustainable Agricultural Development: A Case Study of Okrika L.G.A. of Rivers State, in Nigeria. Journal of Oil and Politics, 2(1). (2002)

[16]  Ndubuisi, A.L. and Asia, I.O. Environmental Pollution in Oil Producing Areas of the Niger Delta Basin, Nigeria: Empirical Assessment of Trends and People’s Perception. Environmental Research Journal 1 (1-4):18-26 (2007)

[17] Also known as the Ad coelum doctrine.

[18] J Duddington, Land Law (6^th   Ed, Pearson Education Limited, Harlow, United Kingdom 2017)  P.1.

[19] Bocardo S.A. v. Star Energy UK Onshore Ltd. (2010) Ch. 100.

[20] Ordinance No. 74-1 of 6^th of July 1974 to establish Land tenure rules.

[21] United Nations Environment Programme, Environmental Assessment of Ogoniland (2011). Nairobi, Kenya: United Nations Environment Programme at 158, generally 152 – 200.

[22] Ibid.

[23] Terence Onang E., “Modern Law and Local Tradition in the Forest Heritage Conservation in Cameroon: The Case of Korup” PhD Thesis, unpublished, Brandenburg University of Technology in Cottbus, 2002, P.53

[24] Article 65 of the Cameroonian Constitution

[25] Law No. 2019/008 of 25^th April 2019 to institute the Petroleum Code

[26] Sections 2 of the Petroleum Code

[27] Sections 5(2)

[28] It’s only the state that can grant such permission because it exercises sovereign ownership rights over petroleum resources

[29] Section 91, Ibid

[30] Section 92, Ibid

[31] Section 1 of the Gas Code

[32] Section 26 (3) of the Gas Code

[33] Law No 96/12 of the 5^th of August 1996 relating to Environmental Management

[34] Section 1 of the 1996 Law

[35] Section 19(2) of the 1996 Law

[36] Michanek Gabriel, “The Role of Courts in International Law”, Nordic Environmental Law Journal, 2009, P.9

[37]  J. Jacques Lecat & Bob Palmer, “Conducting oil and Gas activities in Cameroon” 2016, P.1, Available at, https://www.extractiveshub.org/servefile/getFile/id/5724&ved (Visited on the 9th/07/2020)

[38]  Mr Dodo Ndoke Gabriel is the current Minister in charge of Mines, Industries and Technological Development

[39] Ministry – MINMIDT, Available at , www.minmidt.cm/en/ministry/&ved (Visited on the 9th/07/2020)

[40] Section 15 (1) of law No.2006/015 of 29 December 2006 on Judicial Organization.

[41]  Section 18 of 2006 Law on Judicial Organization

[42] See section 18 of Ordinance No. 72/4 on Judicial Organization.

[43] section 1 of Ordinance No. 72/6 of 26 August 1972 bearing on the Organization of the Supreme Court.

[44]  Article 37 of the Cameroonian Constitution.

[45] Op cit

[46]  United Nations Development Programme, (2006:185,186).