Le régime juridique des étrangers au Cameroun

B) Sous-régionales standards

Contrary to the treaty instituting the late UDEAC which envisaged, explicitly, in its part V, the principle of freedom of movement of the people and the right of establishment of the nationals of the Member States, the treaty creating the CEMAC devotes it in a very evasive way. Moreover, at present, no protocol was signed for purposes to plan the question by fixing measurements of application of freedom of movement of the people between the Member States. However, these measurements are clearly defined in the treaty of 10 January 1994 creating the African Western Union Economic and Monetary (UEMOA)^164(*). Applicable to Benign, Burkina-Faso, the Ivory Coast, to Mali, to Niger, to Senegal, to Togo and Guinea Bissau^165(*), it aims inter alia objectives the Community integration of the States left. It should be specified that this treaty pursues the goals of the Economic Community of the States of West Africa (CEDEAO) created on May 28, 1975 in Lagos, in Nigeria ; it constitutes a vaster geographical field and joins together, indeed, 15 country^166(*) with knowing, in addition to the eight Member States of the UEMOA, the Cap Verde^167(*), Gambia, Ghana, Guinea (Conakry), Liberia, Nigeria and Sierra Leone. This sous-régionale institution has inter alia missions explicitly defined the removal of the obstacles in freedom of movement of the people between the Member States.

Just like the texts of the UA, the inaccuracies of treaty CEMAC can only give results very mitigated as regards protection of the expatriates in each State signatories and in fact in Cameroun. Very often, these gaps have a negative impact on the work of the regional and sous-régionales institutions in charge of the guarantee of their statute.

Paragraph 2 - Institutional dysfunctions

The various Community treaties to which Cameroun left have creates structures for purposes to contribute to the achievement of the aims in view by the States signatories. However, it arises that the insufficiencies of the political (A) and legal institutions (B) setting-up for the defense of the basic rights, have negative effects on the condition from abroad in Cameroun.

A) Political institutions

We will study on a purely illustrative basis the cases of the Conference of the Union (1), of the Conference of the Heads of State of the CEMAC (2) and the African Commission of the humans right and of the people (3).

1) The Conference of the Union

This institution is created by article 5 of the Deed of partnership of the UA. Under the terms of article 6, it is the supreme body of the UA, in charge of the achievement of its objectives and gathers the whole of the Heads of State members or their duly authorized representatives.

We observe unfortunately that the conflicts of leadership very often animate the Conference of the Union and involve most of the time disagreements between the Member States of the UA. This climate in general supports the failure of the protection from abroad and the regional integration of the nationals of the Member States in particular. So the continent is famous for the illegal expulsions repeated of the clandestine ones. Indeed, the phenomenon became extensive in the whole of the area and not only in Cameroun because, the collective evictions from irregular abroad being recurring, we note more and more that « Africa rejects its own immigrants »^168(*). Moreover, the incapacity of the Conference of the Union to solve certain tensions between the Member States, takes part largely in the violation of the basic rights of the immigrants. On a purely illustrative basis, from 1994 to our days, the frontier fixings on the peninsula of Bakassi make very precarious the situation of the Cameronians migrant and residents to Nigeria as well as Nigerians to Cameroun, in spite of the agreement signed between the two States into 1963 for purposes to protect these people^169(*). Since the protection of the expatriates constitutes a lure within the UA, it will be not easily effective in Cameroun.

These incomprehension generally have effects on the operation of the sous-régionales political structures. That also constitutes a true obstacle with the guarantee of freedoms of the immigrant.

* ¹⁶⁴ The treaty of the UEMOA was modified on January 29, 2003.

* ¹⁶⁵ The treaty of the UEMOA is applicable to Guinea Bissau since May 02, 1997 in conformity of the terms of an agreement of adhesion on March 05, 1997, which makes the eighth Member State of the UEMOA of it.

* ¹⁶⁶ At the beginning, 16 country whose Mauritania were signatories of the treaty creating CEDEAO. Thereafter, this State decided to be withdrawn from the treaty.

* ¹⁶⁷ The Cap Verde joined CEDEAO in 1977.

* ¹⁶⁸ PERUGIA OF MONTCLOS (Marc-Antoine), «  Africa rejects its own immigrants  », IN  The Diplomatic World, Paris, December 1999, p.15.

( http://www.monde-diplomatique.fr/1999/12/PEROUSE_DE_MONTCLOS/12770)

* ¹⁶⁹ In the stop of Thursday October 10, 2002, the C.I.J recognized the sovereignty of Cameroun on the peninsula of Bakassi. But, the presence of the troops Nigerians in the zone, contrary to this decision, as well as the recent murder in July 2005 of a Cameronian soldier, by a soldier Nigerian, on the border, started new tensions between the two States.