Le régime juridique des étrangers au Cameroun

SECTION II INEXISTENCE OF the STATE OF RIGHT

Traditionally, the State of right is defined like a legal system in which the public authorities as well as the private individuals, are subject indeed to the legal provision. It supposes, moreover, the true existence of the humans right bus « there cannot be humans right without State of right »^179(*). Our task will thus consist in showing that the foreigners undergo attacks in Cameroun because the State does not cease violating the right (paragraph 1). Moreover, the guarantee of their fundamental freedoms is not assured because, generally, the protection of fundamental freedoms of the human person proves already ineffective on the whole of the own territory (paragraph 2).

Paragraph 1 : The not-tender of the State to the international law

The right to which the State must be subjected must answer certain parameters to fall under the logic of the State of right, which implies for example the existence of a legal scheduling interns in accordance with « principle of the hierarchy of the legal standards » (Hans KELSEN). This principle requires that the lower standards be subject to the higher rules ; in addition, none of them must go against the international law.

This recall proves to be necessary because Cameroun very often deviates from this rule. Indeed, such as we showed it in the preceding analyzes, certain provisions of the national law are distinguished from the international law. On a purely illustrative basis, contrary to article 14 (1) PIDCP which recognizes the equal access of all to justice, the regular immigrants has the obligation to pay a guarantee in front of the courts and run when they are petitioning. In addition, contrary to article 6 of the PIDESC which proclaims the equal access to work, the decree of 1990 relating to the statute from abroad as well as article 27 of the law N°92/007 of the 14/08/1992 bearing Fair labor standards act subject their applications to the visa of the Minister for Labor and the decree of 1993 prohibits to them to exert a trade in the sector of the abstract one. Such provisions however do not fit in the logic of article 2 (2) of the PIDCP which only lays out « the States left with the present Pact begin to take, in agreement with their procedures constitutional and the provisions of this Pact, arrangements having to allow the adoption of such measurements of a legislative or different nature, suitable to give effect to the recognized rights which would not be already in force ». These examples are the proof of the setting to the variation, by Cameroun, of the treaties relating to the legal statute of the immigrant. However, the rule pacta sunt servanda devotes the principle of the Good faith of the States in the execution of the international treaties ; indeed, since the State signed a pact, it is obliged to respect it. Also, such an attitude puts the State of right in danger. Indeed, as long as these deformations of the international law will not disappear from legal scheduling interns, the foreigner will continue to undergo discriminations in Cameroun.

The situation of the humans right also explains the difficulties that this last meets on the whole of the own territory.

* ¹⁷⁹ Matter of SUDRE (Frederic), during the exchanges and debates, IN  MAUGENEST (Denis) and POUGOUE (Paul-Gerard), COp Cit, pp.127-133.