Le régime juridique des étrangers au Cameroun

Paragraph 2 - Ineffectivity of the protection of the humans right

The guarantee of the humans right in international law is generally based on the implementation of the means envisaged by the constitution. The weakness of the mechanisms of protection (A) and the many infringements of the humans right (B) make it possible to note the inefficiency of these means in Cameroun.

A) The utopian range of the mechanisms of protection

It should be said that actually, the fundamental law of Cameroun grants only very with difficulty rights to the man in general and abroad in particular. It acts in fact of a proclamation primarily préambulaire and exaggeratedly evasive, so that it is rather necessary to refer to universal instruments ratified by the State to define these rights. In short, as we raised for the case of the Community rules, the constitutional standards as regards protection of the basic rights suffer from an excess of laconism. Moreover, Maurice KAMTO describes the preliminary draft of the constitution, which unfortunately was adopted and promulgated the 18/01/1996, as being « a particularly bâclée and badly written outline (with) of many imperfections of style or relating to the editorial techniques of the legal texts »^180(*). Lightness blâmable of this text as regards definition of the rights has harmful repercussions besides in practice.

Indeed, the national judge is the principal guard of the individual rights. Unfortunately, of many obstacles prevent it from carrying out its mission with effectiveness. On a purely illustrative basis, no irremovability protects it constantly bus it can be destined for other functions or affected in another jurisdiction^181(*) but the principle of irremovability guarantees the independence of the magistrature because it protects the magistrates from the seat^182(*) against any arbitrary measurement of suspension, retrogradation, displacement, even in advance and revocation. Moreover, we deplore the vulgarizing of the statute of the judge bus in Cameroun, the distinction between magistrate of the seat and magistrate of the parquet floor has only one value symbolic system. Indeed, not only the magistrate passes from a group to the other by discrétionnaire decision of the Head of the State, but in more the control which is exerted on him leads to this last; the assignments or the changes of a magistrate of a jurisdiction with another raise, indeed, of the discrétionnaire competence of the Head of the State. This situation concretizes the setting of the magistrate at the disposal of the executive^183(*). Moreover, the corruption par excellence remains the obstacle with the effectivity of the role of the Cameronian judge. Indeed, it exists in several bodies of the company and the magistrature is not in remainder. The majority of the magistrates prefer monnayer the lawsuits ; for this reason, according to whether the justiciable one is rich or poor, it will lose or gain its lawsuit^184(*). Moreover, the investigations carried out by Transparency International into 2003 revealed that according to the opinion of 31% of the questioned people, justice is the first most which corrupted structure of the State. ^185(*)

The mechanisms of protection of the humans right of this fact are stripped of any interest. That thus constitutes the base of the violations observed in Cameroun. Also, since the same Cameronians them do not profit indeed from their fundamental freedoms, the foreigners can reasonably have a better fate ?

* ¹⁸⁰ KAMTO (Maurice), «  The African legal dynamics of independent Cameroun  », IN  African legal review, N°1, 2, 3, 1995, pp.38-39, quoted by NACH MBACK (Charles), Democratization and centralization - geneses and dynamic compared processes of decentralization in sub-Saharan Africa, Yaounde, Karthala and PDM, 2003, p.173.

* ¹⁸¹ EBOUSSI BOULAGA (Fabien), the democracy of transit in Cameroun, bets, harmattan, 1997, p.311

* ¹⁸² We generally distinguish the magistrates from seat  (sitted magistrature or judges themselves)  with the magistrates of the parquet floor  (state prosecutors including in particular the prosecutors and prosecuting attorneys).

* ¹⁸³ KAMDEM (Jean-Claude), «  Right to justice  : the case of Cameroun  », IN MAUGENEST (Denis) and POUGOUE (Paul-Gerald), COp Cit, pp. 135-153.

* ¹⁸⁴ KENFACK (Pierre-Etienne), «  The access to justice in Cameroun  », IN  Book of the UCAC N°1, human Dignity in Africa, Yaounde, Presses of the UCAC, 1996, pp.201-214.

* ¹⁸⁵ www.transparency.org/survey/index.html/barometer