Le régime juridique des étrangers au Cameroun

B) The constancy of the violations

In March 1998, the international Federation of the leagues of the humans right (FIDH) returned his report/ratio on the situation of the humans right to Cameroun^186(*). The FIDH presented a string of acts liberticides posed by the State. We will quote the case of the arbitrary arrests, of torture sometimes involving the deaths of the prisoners and prisoners in the police stations and prisons respectively, of the repeated aggressions, the dependence of justice with respect to the political power, of the corruption. It also made certain recommendations in the State and the international community^187(*). The Cameronian authorities must guarantee the irremovability of the magistrates, ensure of better living conditions in the police stations and prisons like fighting against the corruption and the insecurity. The international community must use of all its capacity to obtain the respect of the texts duly ratified by the State. In short, it must take measures to restore there the State of right, the democracy and the humans right.

Today, seven years after the report/ratio of the FIDH and such as our preceding analyzes reveal it, we note that nothing changed. On a purely illustrative basis, the card of examination of the investigations reveals that the nationals and the foreigners share certain difficulties. We will quote for example the ill treatments inflicted by the prison authorities with the prisoners. This report proves enough that the ineffectivity of the statute of the expatriates in Cameroun is also related to the ineffectivity of the humans right. Moreover, according to our card of examination, 40% of immigrants think that the protection of the humans right is non-existent on the whole of the territory and 60% find it insufficient. Moreover, 100% judge that the protection from abroad is non-existent. Indeed, although the nationals and the non-national ones suffer commonly from some evils, it should not especially be forgotten that the latter continue nevertheless to live under the weight of many discriminations because of their origin.

Beyond the weakness of the Community legislation and inexistence of the State of right, we wonder about the possible economic causes also being able to explain the violation of the rights from abroad to Cameroun. Indeed, the States of the Third World- in general and Africa in particular tend to call upon the factor « poverty » not to answer waitings of the international community. On this subject and as regards the rights of the second generation in particular, their effective pleasure by the foreigners seems limited by article 2 (3) of the PIDESC which lays out that « the countries in the process of development, account duly held of the humans right and of their national economy, can determine up to what point they will guarantee the economic rights recognized in this pact at not-nationals ». Moreover, the debate on the justiciability of the economic, social and cultural rights falls under this logic. Certain elements indeed attest socio-economic faintness from which Africa suffers. On a purely illustrative basis, the continent includes/understands the three quarters (3/4) of the least advanced countries (LDC). Moreover, about half of the African labor either is not employed, or under employee. Moreover, 50% of the populations of the cities live in shantytowns or low districts. Moreover, the annual loss of the resources external due to deterioration of the terms of trade is equivalent on the whole of the receipts in assistance of the African developing countries^188(*).

This economic brittleness can constitute a major obstacle with the effectivity of the right from abroad. With the scale of the central under-area and in particular of the countries of the CEMAC for example, the migrations of the workers become problematic as soon as economic difficulties and unemployment in the host country appear. Reactions of exclusions, even, of xenophobia start^189(*). In addition, the problems involved in the protection of the refugees in Africa very often rise from the poverty of the States of asylum. Indeed, their resources fall vis-a-vis the increase in the number of the refugees. They are for example the essential financial resources and the suitable reception facilities. Some times even the zones of installation available and the supervisory staff necessary remain insufficient. Already in February 1985, the participants in the seminar of Yaounde, in Cameroun, on the situation of the refugees in Africa Centrale had not failed to deplore the lack of financial resources and reception facilities vis-a-vis the number of refugees in constant increase. They stated more not to be able to support alone « the increasingly heavy burden of the mass of the refugees whom they lodg »^190(*). Moreover, on this subject, F. WODIE confirms that « the African States are underdeveloped States confronted with poverty and the famine. Their capacity of reception from the economic and financial point of view is limited : the massive load of the refugees on a territory can be unbearable for the state of asylum »^191(*). What was true in 1985 is still today because Africa is regarded as the continent of all economic misfortunes. Moreover, it should not be forgotten that the management of the problems of the refugees also falls on the HCR. However, this institution functions thanks to the financings of the States. If those cannot answer this obligation sufficiently, with which means the HCR will discharge it missions which are assigned to him ?

However, In spite of this real économico-financial handicap, the African States should not continue to multiply exactions against the foreigners under pretext which they under are developed. Nothing will be able to explain nor even less to justify the violation of the intangible rights. Moreover, to see the importance of the funds allocated by the institutions of Let us tool Wood and their various policies of lightening of the debts in favor of the fight against poverty, we wonder whether those are right really to call upon the factor poverty each time to discharge from any responsibility : how all the money that the States receive is it managed and which they make aids which are granted to them ? Consequently, Cameroun is responsible for the violations of the rights from abroad because, as recalled by clearly paragraph 10 of the Declaration of Vienna of 1993, « the insufficiency of development cannot be called upon to justify a limitation of the internationally recognized humans right »^192(*).

So there would be a means making it possible to cure so that we regard already as « crisis from abroad in Cameroun » ?

* ¹⁸⁶ International federation of the leagues of the humans right, Cameroun  : arbitrary, impunity and repression, Paris, FIDH, Report/ratio N° 259, March 1998.

* ¹⁸⁷ We make a point of recalling that Cameroun is member of UNO,  UA (at the time of the report/ratio of the FIDH it was about the OAU), of the Agency of the francophonie, the Commonwealth; in addition, it left with the European Union to the Lome Convention IV whose article 5 explicitly binds the co-operation between the States signatories to the respect of the humans right. Thus the FIDH challenges it all these actors.

* ¹⁸⁸ DIENG (Adama), «  «Right to live  » in the African context  », IN Association of international consultants in humans right, tests on the concept of «  right to live  », Brussels, Bruylant, 1998, pp.180-192.

* ¹⁸⁹ Tripartite seminar on the migrations of workers in the countries of the CEMAC, COp cit. ( http://www.izf.net/)

* ¹⁹⁰ These participating countries were Angola, Burundi, Cameroun, Gabon, Guinea Equatoriale, the Central African Republic, the Republic of Congo, Rwanda, Sao Tome and principle, Chad and Zaire (current République Democratic of Congo).

* ¹⁹¹ WODIE (F.W.), «  Africa and humane right  », IN  International review of the red- cross, VOL. 68, 1986, pp.265-266, quoted by MUBIALA (Mutoy), «  The Convention of the Organization of African Unity of 10 December 1969 governing the aspects specific to the problems of the refugees in Africa and its bonds with the Convention of July 28, 1951 relating to the statute of the refugees  », IN Publications of the International Institute of the Humans right. , COp Cit. pp.221-238.

* ¹⁹² COHEN-JONATHAN (Gerard), «  Humans right, an internationalized value  », IN  Review basic rights, N°1, July-December 2001. ( www.revue-df.org)