The principal objective of this research is to examine the extent to which the relevant and existing legal instruments in Cameroon addresses the problem of groundwater pollution in Cameroon. The methodology used to attain this main objective and to address the problem is the critical analyses of the existing legal initiatives and institutional frame-works that punishes those who causes groundwater pollution. The work reveals that despite the existence of a plethora of legislations that exists in this area of the law, groundwater pollution has been a persistent problem in Cameroon caused by the lacunae of the existing enable legal instruments laws. As a result of this, the study puts forth a set of recommendations, amongst which include the amendment of Law No.98/005 of 14 April 1998 that lay down regulations governing groundwater resources in Cameroon.
Environmental pollution is increasingly a problem in Cameroon, like in most African Countries, where the environmental consequences of development cannot be ignored. One of the major form of pollution is and water pollution. The sources of groundwater pollution in Cameroon stems from discharge of solid, liquid or gaseous matter, in particular industrial, agricultural and atomic wastes into water with the resultant effects of water-borne diseases like cholera, dysentery and in most cases, water scarcity.
POLLUTION OF GROUNDWATER UNDER CAMEROONIAN LAW
ENOW GODIWLL BAIYE
Ph.D. in English Private Law
University of Dschang-Cameroon
ABSTRACT
Environmental pollution is increasingly a problem in Cameroon like in most African Countries, where the environmental consequences of development cannot be ignored. One of the major form of pollution is and water pollution. The sources of groundwater pollution in Cameroon stems from discharge of solid, liquid or gaseous matter, in particular industrial, agricultural and atomic wastes into water with the resultant effects of water borne diseases like cholera, dysentery and most cases, water scarcity. The principal objective of this research is to examine the extent to which the relevant and existing legal instruments in Cameroon addresses the problem of groundwater pollution in Cameroon. The methodology used to attain this main objective and to address the problem is the critical analyses of the existing legal initiatives and institutional frame-works that punishes those who causes groundwater pollution. The work reveals that inspite of the existence of a plethora of legislations that exists in this area of the law, groundwater pollution has been a persist problem in Cameroon caused by the lacunae of the existing enable legal instruments. laws. As a result of this, the study puts forth a set of recommendations amongst which include the amendment of Law No.98/005 of 14 April 1998 that lay down regulations governing ground water resources in Cameroon.
Keywords: Underground Water, Pollution, Polluter, Water Inspector
GENERAL INTRODUCTION
Background to the Study
Environmental pollution is increasingly a problem in Cameroon like in most African Countries, where the environmental consequences of development cannot be ignored. The major forms/types of pollution in Africa include indoor and outdoor air pollution, land pollution and water pollution. Pollution affects both urban and rural areas.1 Poor people, who cannot afford to protect themselves from the negative impacts of pollution, end up suffering the most. As an indispensable resource for life, water is essential for livelihood as well as the socio-economic development of any nation. It has varied uses at home, in industry and agriculture make it vital to the sustainable development of human kind.
In Cameroon like in other countries, water is a common national resource protected and managed by the State.2 The State has the obligation to facilitate access to it by all citizens. Ground water is a source of water to millions of people over the world.3 The main legal instrument governing water resources in Cameroon is Law No.98/005 of 14 April 1998 that lays down regulations governing ground water resources. This law to defined the term ‘ground water’ in sweeping term to mean infiltration water.4 The 2001 decree on the protection of ground and surface water against pollution also defines it as “any water found under the surface of the soil in a saturated zone in direct contact with the soil or sub soil”.5 These definitions are not explicit, so reliance will be made on other definitions. United Nations Educational Scientific and Cultural Organsation (UNESCO), explicitly defines underground water to mean water that has percolated down through surface layers of soil and rocks to join the aquifers until it reaches the impervious layer and eventually rest there until exploited.6
Throughout history, man has been ravaged by plagues and epidemics as a result of poor sanitation and polluted water and Cameroon has not been an exception to persisted phenomenon. Law no 96/12 of 5 august 1996 relating to Environmental Management defines pollution to be any contamination or direct or indirect modification on the environment provoked by any act likely to; negatively affect a positive use of the environment by man, threaten the health, security and wellbeing of man, the flora and fauna, air, the atmosphere, water, soils, collective and individual goods.7 Since Law No.98/005 of 14 April 1998 that lays down regulations governing ground water resources fall short by not defining the term ground water pollution, a succinct definition is borrowed from the Chinese Soil and Groundwater Pollution Remediation Act. According to this Act, groundwater pollution means the introduction into the sol of substances, biological organisms or forms of energy that alters soil quality, impacts the normal use of the sol or endanger public health and living environment.8
The sources of groundwater pollution in Cameroon stems from discharge of solid, liquid or gaseous matter, in particular industrial, agricultural and atomic wastes into water with the resultant effects of water borne diseases like cholera, dysentery and most cases, water scarcity. Cameroon recorded sporadic cases of cholera outbreak in 2022 as a resulted of ground water pollution. This affected six regions of the country. The total reported cases were 6,652 with a death rate of about 134 persons.9 The two main phenomenons responsible for this type of pollution are the rapid industrialization and urbanization of our main cities. Industries are very often not willing to treat their liquid or gaseous effluents before they are released into the natural environment. More seriously, industrial zones are not generally distinguished from residential areas, which amplifies the effects of pollution on the populations bordering cities such as Douala in Cameroon.10
In spite of the efforts made by the cameroonan government to prevent pollution of groundwater, pollution of groundwater is still persistent especially in the urban areas of Cameroon. It is against this backdrop that this paper seeks to examine the extent to which the relevant and existing legal instruments in Cameroon addresses the problem of groundwater pollution in Cameroon. The methodology used in this paper is doctrinal. The secondary sources of data for this paper were textbooks, journals and annual reports The rationale for reading these books is to glean on both past and current issues within the topic and to understand the research context. This activity is a desk exercise. Related websites were equally consulted through internet. In analyzing the data collected, the qualitative method was used. This was done through critical analyses of statutory instruments in force to see the extent to which they address the problem of underground water pollution in Cameroon. The research also makes ample use of the institutional systematic approach in order to find out how institutional plans and strategies are used in an attempt to ensure effective implementation of the laws that prevents underground water pollution in Cameroon.
The Legal Framework for Groundwater Pollution in Cameroon
Several efforts have been made at the national level to prevent ground water pollution in Cameroon. This section of this paper presents the different legal instruments that have been enacted by the cameroonan legislators to prevent ground water pollution in Cameroon. The main legal instrument governing water resources in Cameroon is Law No.98/005 of 14 April 1998 that lays down regulations governing ground water resources. The man aim of this law is to determine, in line with the principles of environmental management, the general legal framework governing water resources in Cameroon.11 in this light, this law prevent groundwater pollution by forbidden anyone to discharge, submerge, spray, infiltrate, strew or dump directly or indirectly into water any solid, liquid or gaseous matter, in particular industrial, agricultural and atomic wastes likely to:
- to alter the quality of surface or groundwater or seawater within territorial boundaries;
- alter the quality of surface, underground or sea waters within territorial limits;
- affect public health as well as aquatic or submarine fauna and flora; jeopardize the development of the economy and tourism of regions.12
However, the Minister in charge of Water Resources may, following studies and consultation with other public service concerned, authorize and regulate the discharge of the matters where the relevant public services certify that such discharges are innocuous and non-polluting to the effluent and receptor environment.13 Similarly, the law provides that any natural person or corporate body owning facilities that may cause water pollution shall take all the necessary measures to limit or contain their effects.14 Any person producing or possessing waste shall be responsible for disposing of or recycling such waste, or having it disposed of or recycled at facilities approved by the services in charge of classified establishments, after the required recommendation of the services in charge of the environment.15 Furthermore, the person shall, barring requirements of confidentiality, inform the public of how the production, possession, elimination or recycling of waste may affect water, the environment and public health, as well as of the measures designed to prevent such or to compensate for the damaging effects thereof. Also, it shall be forbidden to wash or service motor vehicles, internal combustion and similar engines close to water points.16
The law also laid down sanctions for those who pollutes groundwater. In this light, Article provides a prison term of from 2 (two) to 5 (five) years and a fine of from 5,000,000 (five million) to 10,000,000 (ten million) CFA francs or either of these two penalties only shall be imposed on any person who:
- collects surface water or ground water in violation of the provisions of this law and/or its implementation instruments;
- collects surface or ground water in a way that is inconsistent with the criteria, standards and measures provided in the impact survey; prevents the controls, supervision and analyses provided for by this law and/or its implementation instruments;
- runs a facility for the catchment, treatment and storage of water, in violation of the provisions of this law and/or its implementation instruments; offers drinking water to the public without complying with the quality standards in force;
- violates a protected area around water catchment, treatment and storage points.17
- In the event of a repeated offence, the maximum penalty provided for in subsection (1) above shall be doubled.18 Whoever pollutes and alters the quality of water shall be punished with imprisonment of from 5(five) to 15(fifteen) years and with a fine of from 10,000,000 (ten million) to 20,000,000 (twenty million) CFA francs.
Decree No.2001/165/PM of 8 May 2001 to lay down the terms and conditions for protecting surface water and groundwater against pollution is also instrumental in curbing pollution of ground water. This specifies the terms and conditions for protecting surface water and groundwater against pollution. The decree prohibited, the dumping, flows, disposals, seepages, burial of wastes, spreading, direct or indirect deposits in water of any solid, liquid or gaseous material, especially, any industrial, agricultural or atomic waste likely to:
- alter the quality of surface or groundwater or seawater within territorial limits;
- harm public health, aquatic and sub-marine fauna and flora and animals;
- jeopardize the economic and tourist development of the regions;
- impair the quality of life and comfort of residents.19
Especially prohibited shall be disposals, dumping or depositing into surface water, public sewers or artificial drainage conduits of:
- any solid waste, even if previously subjected to mechanical grinding, as well as water or other fluids containing such matter or substances;
- oils, lubricants and other matter resulting from the cleaning and maintenance of motor vehicles, combustion engines and similar machinery;
- slushes (the content from an emptied septic tank); and
- pesticides.20
Since groundwater can be used for industrial or commercial purposes, their usage has been regulated by Decree No. 2001/164/PM of 8 May 2001 to specify the terms and conditions for Tapping Surface Water or Groundwater for Industrial or Commercial purposes in Cameroon. The Decree clearly states that any person wishing to set up and/or operate a facility comprising one or more structures for tapping surface or underground water for industrial or commercial purposes, shall apply for authorization to the Minister in charge of water resources.21 The original of the application for authorization, stamped at the current rate shall be submitted in four (4) copies to the competent divisional delegation in charge of water resources.22
Furthermore, any natural or legal person who owns or operates a facility for tapping surface or groundwater for industrial or commercial purposes shall pay a fee. The water tapping fee shall be calculated on the volumes of water tapped, according to a unit rate of taxation fixed annually by the Finance Law.23 The following shall be exempted from the payment of tapping fee:
- public service concessionary companies that exploit and distribute drinking water, without prejudice to the provisions of the related specifications;
- operators who tap water for pastoral, agricultural or piscicultural uses and whose daily drawn quantities are less than those of the 5 000 (five thousand) man equivalent;
- operators who tap water for the council or for a village water supply project.24
The Role of Water Inspector in ensuring Water Quality Control in Cameroon
The water inspector has a significant role to play in ensuring water quality in Cameroon. Its therefore pertinent for us to now who appoints such an official what role does he play and when can his functions be terminated or suspended.
Appointment of Water Inspector
Water resources inspectors shall be appointed from Category A civil servants and public contract workers from the categories 10 to 12, specialized in the field of water resources and who are in service in the Ministry in charge of water resources.25 He is assisted by an Assistant-inspectors of water resources who in tend is appointed from categories B and C civil servants and state employees from categories 7 to 9, of the same specialty and who are in service in the Ministry in charge of water resources.26
[...]
1 Cameroon Towards A Pollution Free Planet, P.1. Available at https;//wedocs.unep.org/bistream/handle. (Lastly accessed on the 23th of June,2022).
2 Article 2 of Law No.98/005 of 14 April 1998 that lay down regulations governing ground water resources. However, the State may transfer all or part of its prerogatives to regions and councils.
3 Fonja, J., (2019), The Law in Cameroon and the Vexing Problems of Ground Water Pollution, Scholars International Journal of Law, Crime and Justice, Vol. 2(4), P . 96.
4 Article 3 (b) of Law No.98/005 of 14 April 1998 that lay down regulations governing ground water resources.
5 Decree no 2001/165/PM of May 8th 2001 specifying the Modalities for the Protection of Surface and Underground Water Against Pollution.
6 UNESCO, (2005), Water Portable Weekly Update No.122, P. 15.
7 Article 4 (v) of Law no 96/12 of 5 August 1996 relating to Environmental Management in Cameroon.
8 Article 2(v) of the 2010 Chinese Soil and Groundwater Pollution Remediation Act.
9 International Medical Corps, (2022), Cameroon Cholera Outbreak Situation Report No. 1, P.1. The six affected regions were Centre, Littoral, Far North, North, South and South West.
10 Cameroon Towards A Pollution Free Planet, P.2.Avaliabe at https;//wedocs.unep.org/bistream/handle. (Lastly accessed on the 23th of June,2022).
11 Article 1 of Law no 96/12 of 5 August 1996 relating to Environmental Management in Cameroon
12 Ibid, Article 4 (1).
13 Ibid, Article 4 (2).
14 Article 6 (1) of Law no 96/12 of 5 August 1996 relating to Environmental Management in Cameroon
15 Ibid, Article 6 (2).
16 Ibid, Article 6 (2).
17 Ibid, Article 15 (1).
18 Ibid, Article 15(2).
19 Article 3(1) of Decree No.2001/165/PM of 8 May 2001 to lay down the terms and conditions for protecting surface Water and Groundwater against Pollution in Cameroon.
20 Ibid, Article 3(2).
21 Article 5 of Decree No. 2001/164/PM of 8 May 2001 to specify the terms and conditions for Tapping Surface Water or Groundwater for Industrial or Commercial Purposes in Cameroon.
22 The application file shall include: (a) an impact assessment accompanied by the relevant decision of the administration in charge of environment (b) information and documents appended to this Decree (c) any other additional information required by the administration in charge of water resources d) a receipt of payment to the intermediate revenue officer of the Ministry in charge of water resources attesting to the payment of opening fees and for the study of file of a sum of: – 50 000 (fifty thousand) CFA Francs for tapping of less than 100 (one hundred) cubic meters of water per day – 200 000 (two hundred thousand) CFA Francs for tapping of between 100 (one hundred) and 500 (five hundred) cubic meters of water per day – 300 000 (three hundred thousand) CFA Francs for tapping of between 500 (five hundred) and 1000 (one thousand) cubic meters of water per day and – 500 000 (five hundred thousand) CFAF for tapping that exceeds 1000 (one thousand) cubic meters of water per day.
23 Article 23 of Decree No. 2001/164/PM of 8 May 2001 to specify the terms and conditions for Tapping Surface Water or Groundwater for Industrial or Commercial Purposes in Cameroon.
24 Ibid, Article 24.
25 Ibid, Article 7 (1).
26 Article 7 (2) of Decree No. 2001/164/PM of 8 May 2001 to specify the terms and conditions for Tapping Surface Water or Groundwater for Industrial or Commercial Purposes in Cameroon.
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