Le régime juridique des étrangers au Cameroun

SECTION 2 - THE LEGAL PROTECTION OF THE FREE ONE

MOVEMENT FROM ABROAD

In general, the import duty, to remain and of exit of a foreign State is subjected to a very strict mode which consists of an authorization freely granted by the State of reception. Indeed, it should be pointed out, the entry on the territory is a right of the State and not from abroad. As, by admitting as the principle of freedom of movement of the people can be the subject of legislative restrictions if those are « necessary to protect national safety, the law and order, health or the public morality », article 12 (3) of the PIDCP opens the door with important limitations.^69(*)

The text of right relating to protection in question at present is the law N°97/012 of 10 January 1997 fixing the conditions of entry (paragraph A), stay (paragraph B) and exit (paragraph C) from abroad in Cameroun^70(*).

Paragraph 1 - Legal conditions of immigration

We make a point of specifying that any individual entered a foreign territory is regarded first of all as an immigrant. Thereafter, in virtue in particular of the reason which pushed it there, from the goal that it continues there and according to its duration in the country, the States distinguish several categories from them. The typology from abroad recognized by the Cameronian right is thus dense.

Indeed, the frontier foreigners are the nationals of close countries which, without residing at Cameroun, are established in a border area on the territory of a nearby country to which they are amenable. Such as article 9 (1) of the law of 1997 indicates it, they are brought, by the nature of the bonds prevailing in the border areas, to carry out frequent displacements across the national terrestrial border. The foreigners in question are originating in the following countries : Nigeria (which are in the West of Cameroun), Chad (in North), the Central African Republic (in the East), Gabon, Guinea Equatoriale and the Republic of Congo (in the South).

Except the foreigners in transit, are qualified visitors temporary, the private people, the tourists, the people on mission^71(*), the businessmen, the promoters, the guests or participating in a demonstration organized on the own territory, the evacuated^72(*) shareholders,^73(*) pensioners and medical ones.

The foreigners in stay are the contractual workers, the self-employed workers like the people exerting on a purely individual basis a liberal profession, the trainees of long duration (lasted higher than three months), the students, the members of the family from abroad in stay, the refugees^74(*).

Foreigners resident are qualified, the paid foreigners of the private sector, the foreigners exerting in the public or parapublic sector bound by a contract of employment^75(*), the personnel of the technical aid having regularly remained on the territory throughout one at least six consecutive year, the spouse of a person of Cameronian nationality, the members of the duly recognized religious congregations.

Whatever the legal category to which it belongs, the foreigner east compels with a certain number of general (A) and special regulations (B) aiming at regularizing its entry.

* ⁶⁹ QUOC DINH (Nguyen), DAILLIER (Patrick) and PELLET (Alain), public International law, 6th edition, Paris, L.G.D.J and E.J.A, 1999, pp.663-664.

* ⁷⁰ In addition to the law of 1997, the movement from abroad is already defined in the N°90 decree/1246 of 24 August 1990 abrogeant all the contrary former provisions, in particular, those of the N°80 decree/004 of January 7, 1980 and its modifying N°82/342 the 9/8/1982. The law of 1997 began again but in a more precise way, the main part of the provisions of the decree of 1990.

* ⁷¹ The people on mission are the foreigners who come to Cameroun on a purely official basis within the framework from their occupations. We can quote the members of the diplomatic corps and consular.

* ⁷² They are the foreign people who have revenues, goods and periodically come to manage them.

* ⁷³ They are the titular foreigners of a pension been useful by a Cameronian official organization.

* ⁷⁴ The definition which the law of 1997 gives of the refugee is the same one as that of the relating to it Conventions duly ratified by Cameroun, in fact, those taken under the aegis of UNO and the OAU (cf preceding chapter).

* ⁷⁵ The rules governing the constitution of a file of contract of employment of the expatriates are fixed by the N°90 decree/1246 of August 24, 1990 city notes 70 of them. In its final provisions, we retain that the file will have to include/understand the following parts  : A request (not stamped) addressed to the Ministry of Labor and social welfare S/C the head of provincial department of the labor of the locality where the expatriate will be recruited, a contract in 6 specimens (format to be found in a bookstore), an extract of criminal record going back to less than three months, a medical certificate going back to less than three months, a curriculum vitae vitae, a descriptive card of the station to be provided, the professional or university references, the flow chart of the company, a marriage certificate (with a mandate of ten thousand francs CFA paid to the Treasurer Payer of Yaounde by anybody).