Le régime juridique des étrangers au Cameroun

B) Difficulties encountered during the stay

Certain texts of the national law open the way with various attacks inflicted only abroad regular (1). In addition, this last knows other forms of violations (which do not save the nationals). They are related to the practices of the politico-administrative authorities (2). 

1) Violations because of the national law

They are discriminations relating to the access to justice (A) and employment (b) like those related to the exercise of the voting rights (c).

a) Discriminations in the access to justice

Article 3 of the African Charter of the humans right and of the people affirms the equality of all the men in right. In the same way, the preamble to the constitution of January 18, 1996 affirms that « the law ensures all the men the right to be made return justice ». However, the Praetorian right devoted the existence of a treatment differentiated between nationals and foreigners to Cameroun. The latter indeed have the obligation, if they are petitioning, to provide as a preliminary a guarantee called « payment of security for legal costs »^96(*) for the payment of the expenses and damage- interests which they could have to pour with the Cameronian defendants if their actions did not succeed in front of the courts and the courses. Such as it arises from the conclusions of the judge in the Ebobo Business and other C/James Onobiono (Business SITABAC), the national is not interested by this question. It is a violation of the principle of the equal access to the justice which is only the corollary of the equal rights^97(*) . Consequently, the fact that the judge, as a body of the State, requires the payment of such a guarantee, engages the responsibility for the State in accordance with article 5 of the project above mentioned TDCI.

We notice besides that this arbitrary attitude of the internal judges also prevails in other countries. On a purely illustrative basis, the practice shows that the Beninese judge also conforms to this illicit rule in particular as regards civil procedure. Cameroun and the Benign one having been colonized by France, we estimate that these States took as a starting point the the French right. Indeed, for a long time, the foreigners were to pour this guarantee in front of the French courts. However, the evolution of the right supported its suppression. The French Supreme court of appeal severely condemned this practice in a stop of March 16, 1999 by affirming that the payment of security for legal costs contravened the right of each one to reach to the judge^98(*), thing that the Cameronian State did not make yet.

In addition to the question of the right to justice, the foreigner is also underprivileged within the framework of the Employment Policy.

b) Discriminations in the Employment Policy

In any State, the candidate with employment must prove with the employer whom it has the educational level required. Thus, the Employment Policy takes account of the rights to the instruction and education preached by articles 26 of the DUDH and 13 of the PIDESC. It is under the terms of these provisions that, as regards the publicly-owned establishments in particular, the regular foreigners profit from teaching in Cameroun as well as the nationals. At the university of Yaounde II, for example, the university rights rise with fifty thousand francs CFA for all without any distinction. This effort of the State deserves all the same to be underlined bus in other countries like the Benign one, it exists still a very differentiated treatment. At the university of Abomey-Calavi in particular, the university rights rise with fifteen thousand francs CFA for the national and three hundred and thousand francs CFA for the regular foreigners^99(*). The width of this imbalance in the exercise of the right to education leaves perplexed because such an attitude gives the impression which this State excludes the foreigners from poor social class benefit of the higher education. However the Benign one is not unaware of the importance of this right in future social blooming of the interested parties.

With regard to Cameroun, once his finished studies, the foreigner is prone to grinds discriminations in the research of employment. The States are generally hostile at the entry from abroad in the public office^100(*). Also, let us be us questioned on the regulation of employment in the private sector like as regards the statute of the workers exerting in the sector public but governed by the Cameronian Code of work. The study of the case of migrant worker shows in particular that they do not find satisfaction as a whole because the State conforms neither to the universal legislation, nor with that Community.

Indeed, under the terms of the universal protection of migrant worker, the rules of ILO devote the equality of work between the nationals and the foreigners without any discrimination. However, Cameroun deviates some completely. Contrary to the nationals, the applicant for work foreigners must meet certain conditions fixed by the decree of 1990. As example, the national workers profit from a priority of employment because the foreigners can work only after visa of their contract by the Minister for Labor. Article 27 of the law n°92/007 of the 14/08/1992 bearing Fair labor standards act in Cameroun shows this provision of the decree besides. We can speak, rightly, of « camerounisation of employment ». 29% from questioned abroad complain besides about the violations of many rights of the second generation, like the right to work. They affirm not to have obtained an employment because they are foreigners, in spite of their qualification. They are xenophobe practices because contrary with the constitution of 1996 which however lays out in its preamble that « any man has the right to work ». In addition, a decree taken on November 22 1993 prohibits to them to work in the abstract sector^101(*). This decree is  opposite with the preamble to the constitution of January 18 1996 which affirms that « any man has the duty to work ». However, that is not the case in other countries. In Switzerland for example, the immigrants on-are represented in the abstract sector compared to the nationals : 60 to 80% of the personnel of cleaning are expatriates. In France it is similar because, since they are in rule, we find especially the immigrants among the sweeping ones of streets and the waiters of restaurants^102(*).

Moreover, in the Community protection of migrant worker, the nationals of the Member States of the CEMAC benefit privileged of the right to work. However, it of it is nothing in the facts because the nationals of the five other Member States are not saved by discriminations raised previously. When they could obtain an employment, the immigrants of the under-area are generally not affiliated with the national Case of social welfare (CNPS). However, it is about a structure of the State in load of the social security^103(*) of all the workers who belong to the Fair labor standards act. We will quote the case of migrant worker of Chadian nationality who neither is registered with the CNPS, nor protected by any trade union^104(*), contrary to article 8 (1) (A) of the PIDESC.

If it seems very easy to defend the right of access from abroad to justice and employment, the debate is still surging as regards the exercise of the voting rights.

* ⁹⁶ SOCKENG (Roger), Legal Institutions in Cameroun, 2nd edition, Douala, holy Group Francois, 1998, pp. 15 to 18.

* ⁹⁷ RIALS (Andre), the access to justice, Paris, PUF, Which I know  ? , 1993, p.9

* ⁹⁸ For more details, Cass.civ.1ere lira, March 16, 1999, Pordea, rev. Crit.DIP 2000.223  and the chronicle of G.A.L. Droz, p. 182 and S., IN GUTMANN (Daniel), Course deprived international law, 4th edition, Dalloz, 2004, pp.252-253.

* ⁹⁹ However, it should be specified that the nationals of the Member States of the various communities to which the Benign one left, have a mode less unfavourable than the third foreigners. Moreover, the refugees pay the same rate of schooling as the nationals.

* ¹⁰⁰ For example, article 39 (4) of the Treaty of Rome establishing the European Community, authorizes the Member States to be set up of the suitable regulations reserving for their nationals employment in the public administration. Employment concerned is related on the exercise of the public power and the attribution of the responsibilities for the safeguard for the general interests for the State. See PARED (Patrick), Freedom of movement of the people and European citizenship: stakes and prospects, Brussels, Bruylant, 1998, pp. 43-47.

* ¹⁰¹ It is about the exercise of certain rather lucrative trades that the States arrange in the category of small and medium-sized companies (TOKEN ENTRY E). We can quote, without exhaustiveness, the hairstyle and the seam.

* ¹⁰² WINDISCH (Uli), Immigration: which integration  ? Which political rights  ? Lausanne, the Age of man, 2000, pp. 63-64.

* ¹⁰³ It is about a whole of privileges whose obligatorily all the workers governed by the Fair labor standards act instituted in 1992 profit. Without claiming with exhaustiveness, we can quote  family benefits, the school sickness insurances, appropriations and the pensions retirements.

* ¹⁰⁴  MBAÏNAYE (Bétoubam), File on the Chadians of Cameroun- first left  «  when the eldorado is transformed into nightmare  », IN Chadian Press review «  Laltchad presses  », February 09, 2004. ( http://www.ialtchad.com/dossiertchadiensducameroun.htm).