Access and Benefit Sharing Mechanisms for Genetic Resources and Associated Traditional Knowledge in Cameroon: A Legal Appraisal

Cameroon is endowed with rich biodiversity and extensive Genetic Resources (GR), along with Associated Traditional Knowledge (ATK) held by Indigenous People and Local Communities (IPLCs). To govern access to these assets, Law No. 2021/014 of 9 July 2021, which regulates access to GR, their derivatives, and ATK, as well as the fair and equitable sharing of benefits arising from their utilization was enacted in 2021. Beyond aligning domestic legislation with international obligations, this legislative measure establishes mechanisms for sharing the benefits derived from the utilization of resources and knowledge within the national territory. Benefit-sharing is designed to be operationalized through Mutually Agreed Terms (MAT) with the active participation of the relevant IPLCs. Nevertheless, access to GR and ATK frequently occurs without securing MAT involving these communities. According to the 2026 National Report on Access and Benefit Sharing, while Cameroon has issued forty-eight (48) access permits, only four (4) of these instruments were executed subject to MAT involving IPLCs. Against this backdrop, a question arises regarding the specific legal circumstances that trigger benefit-sharing obligations. This study examines whether access to such resources and knowledge inherently generates benefits susceptible to equitable distribution among all relevant stakeholders. It adopts a dual approach, combining doctrinal legal analysis with an empirical inquiry drawing upon both primary and secondary sources. Ultimately, this paper offers a concrete recommendation that, if effectively implemented and enforced, will safeguard fair and equitable benefit-sharing, thereby fostering sustainable development.