Le régime juridique des étrangers au Cameroun

REPUBLIC OF THE BENIGN ONE

MINISTRY FOR THE HIGHER EDUCATION

Faculté de Droit et de Sciences Politiques

Chaire Unesco des Droits de la Personne et de la Démocratie

AND OF SCIENTIFIC RESEARCH

UNIVERSITY Of ABOMEY-CALAVI

MEMORY PRESENTS For OBTAINING the Diploma Of THOROUGH STUDIES (DEA) IN RIGHTS OF the PERSON AND the DEMOCRACY

THEME 

LE REGIME JURIDIQUE DES ETRANGERS AU CAMEROUN

Presented and supported by Under the direction of

AHANDA TANNED Martine AHADZI-NONOU KOFFI,

Professor Agrégé of Right and of

Political sciences

A) B) Academic year  2004-2005

I

La Chaire Unesco n'entend donner aucune approbation ni improbation aux opinions émises dans les mémoires.Ces opinions doivent être considérées comme propres à leurs auteurs.

II

IN MEMORIAM

- A fire my loved Father, Bruno Rosaire AHANDA TANNED, cantor of work and the merit for those which knew you, you which so often said : « all that I have of purer and of surer is in my brain » and that death tore off with my love and affection in a premature way. I would be eternally grateful to you for this love, your courage and especially your great moral integrity like your honest councils. My memory will preserve them always and jealously ;

- A fire my Grandfather, Robert OWONO, symbol of the effort for all those which were expensive to you, you which had habit to say: « when one wants, one can » and I miss whose wise councils with each time I need it most since your disappearance ;

- A feue my generous and tender Amie of childhood, Carine, whom I met whereas we were only gamines but that the ground began again so young person, in the morning of the life ! You will always have a place in my heart ;

- A fire Dimitri, you that I almost regarded as a Younger brother and who, still very young and already devoted to the studies, by your simple character, standardized the things of this world through your magic sentence : « it is nothing, it is dust ». Dust which has you brutally removed ground of the men before I did not have the occasion to discover the gifts which were hidden in your modest person.

- A fire my nice Friend of childhood, Olivier, missing abruptly with the flower from the age.

That the ground of our ancestors is soft and light for you and that your hearts rest in peace !

Will know that I never can to you oublier.III

DEDICACE

- All the people who, of near or by far, supported me during the studies of DEA in humans right and democracy to the Benign one.

- All those which fight for an effective pleasure of the rights from abroad in the world.

IV

REMERCIEMENTS

The research reported in this work is the fruit of the contribution of several people who allowed to perfect them. That all are warmly thanked for their participation useful to my formation.

First of all, my deep gratitude is addressed to Professor AHADZI-NONOU KOFFI which, in spite of its multiple occupations, condescended to sacrifice most of its time to ensure the direction of this memory. It is at a true school that I went and I leave there largely built. I formulate the wish to continue to profit from your great qualities in my research.

Then, I express all my recognition at the place of Pulpit UNESCO of the Rights of the Person and the Democracy of Benign, especially to his Holder, Professor Theodore HOLO, and with the Scientific Secretary, Doctor Victor K. TOPANOU, who knew to make our stay pleasant within this institution whose relevance and quality of the formation are out of the commun run.

Then, I could not forget to testify my whole recognition and my deep gratitude with Doctor Jean-Louis ATANGANA AMOUGOU thanks to whom I had the privilege to follow the program of this DEA and to thus find a true direction with my higher education in right. I will never thank you enough for your extreme magnanimity and all your councils.

Lastly, thank you also with the parents, friends and knowledge which helped me to overcome the daily difficulties of the host country and which enabled me to pass there pleasant and peaceful stay.

AHANDA TANNED Martine.

V

SIGLES ET ABREVIATIONS

AG: General meeting of the United Nations

TDCI  : Commission of the International law

CDIDH  : Code of International law of the Humans right

ECA: The African Economic Community

CEDEAO: The Economic Community of the States of West Africa

The EEC  : European Economic Community

CEEAC  : The Economic Community of the States of Central Africa

CEMAC  : The Economic and Monetary Community of the States of Central Africa

DUDH: Universal declaration of the Humans right

FIDH  : International federation of the Leagues of the Humans right

HCR : Office of the High Commission of the United Nations for the Refugees

ILO  : International Labor Organization

UNO  : United Nations

OAU  : Organization of African Unity

PIDCP  : International pact relating to the Civil laws and Political

PIDESC  : International pact relating to the Social, Economic and Cultural Rights

RFI  : Radio France International

S.A  : Work without mention of the name of the author

S.V  : Work without mention of the town of edition

UA  : African union

UDEAC  : Customs union of the States of Central Africa

UEMOA  : African Western union Economic and Monetary

UMOA  : African Western monetary union

VI

SYNOPSIS

Pages

INTRODUCTION ..................................................................................... 1

First Part: FORMAL RECOGNITION OF THE RIGHTS FROM ABROAD .......................................................................................... 5

CHAPITREI: The CONTRIBUTION OF the INTERNATIONAL TEXTS ........................... 7

SECTION 1: THE UNIVERSAL PROTECTION FROM ABROAD ................. 7

SECTION 2 - THE COMMUNITY PROTECTION FROM ABROAD 5

CHAPTER 2 - THE CONTRIBUTION OF THE NATIONAL TEXTS ..................... 3

SECTION 1 - THE CONSTITUTIONAL PROTECTION OF THE RIGHTS FROM ABROAD 3

SECTION 2 - THE LEGAL PROTECTION OF THE FREE ONE 7

MOVEMENT FROM ABROAD 7

Second Part : The INSTITUTIONALIZATION IN FACT OF the VIOLATIONS OF the RIGHTS FROM ABROAD 7

CHAPTER 1 : DEMONSTRATIONS 39

SECTION 1 : TRADITIONAL FOREIGNERS 39

SECTION 2 - FOREIGNERS A EXCEPTIONAL STATUTE ....................... 52

CHAPTER II : CAUSES 60

SECTION 1 - THE WEAKNESS OF THE COMMUNITY LEGISLATION ....................... 60

SECTION II INEXISTENCE OF the STATE OF RIGHT 68

CONCLUSION 74

«  It is impossible that we suppose that these people there are men : because, if we suppose them men, one would start to believe that we are not ourselves Christian. Small-minded persons exaggerate too the injustice which one subjects African. Because, if it were such as they say it, it would not have come in the head from princes d' Europe, which make between them useless conventions so much, to make general in favor of the mercy and pity ? «.

Montesquieu, Of the slavery of the negros, 1748.

« The problem of the refugees will be for us, I fear it, a problem eternal, unless the world does not become peaceful. «

Dag HAMMARSKJOLD.