Le régime juridique des étrangers au Cameroun

CONCLUSION

The not very enviable situation of the immigrants living in Cameroun causes a reflection on the suitable means to implement to improve their living conditions. Indeed, at this final stage of research, we note that their rights are violated following the insufficiencies of the Community legislations and interns. These results thus check the assumptions advanced at the beginning of this study.

Also, without wanting to claim with exhaustiveness, it sied to formulate some suggestions which constitute our contribution in the search of durable solutions to the question of the legal status from abroad in Cameroun.

Thus, compared to the faults of the national legislation, of the solutions of right and fact are possible :

On the plan of the right, we note two principal.

Initially, it is imperative to reform many legal texts, especially the constitution of January 18, 1996 owing to the fact that it suffers from many imperfections having a negative impact on the statute of the expatriates. Such a reform would make it possible the supreme standard to reflect the democratic ideal and the ethics of the humans right. The reform will not be possible that if it observes two cumulative conditions :

- On the one hand, it requires the participation of the people in the process of adoption of the new constitution. Indeed, Pierre PACTET^193(*) affirms that the most democratic process of development of the constitution is certainly that which subjects to the people or originating constituent capacity, for ratification, the project worked out by the Constituent Assembly. Thus, the people intervene then, first once, all at the beginning of the process of establishment of the constitution to name his representatives, in fact the members of the aforesaid the Parliament, then one second time, all at the end to ratify or reject the constitutional project.

- In addition, the contents of a democratically adopted constitution give a clear, precise and detailed definition individual rights and duties. Also, the fundamental text, beyond the simple recognition préambulaire of freedoms of the human person, must devote a whole chapter, even, a title in the corpus, with the explicit presentation of the legal statute of the individuals in general and abroad in particular^194(*).

In the second place, another solution seems effective on the legal ground. Indeed, in spite of the faults of the Cameronian normative system, no one cannot deny, as Josette NGUEBOU indicates it^195(*), that « the rights already exist, there should only be applied ». The major difficulty which arises thus locates at the level of the mechanisms of application of these rights. So since the best parking fundamental freedoms of the human person is the national judge, the State is held to reinforce its competences, to ensure its independence with respect to the political power and to preserve it of any corruption. By these means, the Cameronian judge would play truly his part of guard of the humans right as a whole and, more specifically, of the rights from abroad.

On the institutional level, a solution proves to be paramount : it is desirable that the State creates a Cameronian Office of Protection of the Refugees and Stateless people (OCPRA). Indeed, the demonstration made in the preceding analyzes proves that the refugees and the stateless people constitute the most fragile category expatriates whom the international law protects by specific conventions. Such a structure at the national level will have the essential role the management of the problems encountered by the latter (other than the regular foreigners and of the clandestine immigrants which can only be satisfied to profit from protection with the humans right generally). Certain conditions are thus necessary to this end.

Indeed, such a public office should be equipped with a clean legal personality, financial autonomy and administrative. So the organization would enjoy a broad independence with regard to the administrative services with possibility, in its operation, to open with collaboration with other specialized organizations, in particular the HCR. Moreover, it is preferable that its person in charge has quality of senior official of the State and is assisted for the Council made up not only for delegated government departments, but more especially, of at least a representative of the organizations officially entitled to deal with the refugees and stateless people, like the HCR. Thus, the delegate of the HCR would attend the meetings of the Council and could present his observations and his proposals to it. Such a presence would then constitute the essential guarantee of a healthy application of the international law.

It is essential to apprehend the missions which will have to deal with the OCPRA. We can mainly distinguish four from them. First of all, the person in charge for the Office is only qualified to recognize the quality of refugee to any person who answers the definitions of Conventions of Geneva of July 28, 1951 and the OAU of 10 September 1969 referring to the statute refugees. This competence will have to be absolute. Then, the Office will exert legal and administrative protection refugees and stateless people within the framework of the International Conventions relating to it. Then, it will deliver the parts necessary to them to the achievement of various acts of the civil life. Lastly, a dialog should be engaged between the person in charge for the Office and the government with the aim of establish the procedures or the criteria of granting of Cameronian nationality to the stateless people. Through these four fundamental missions, the Office will be thus charged to apply the international regulation scrupulously. Thus, autonomous with respect to the political power and in constant collaboration with the HCR, the OCPRA the protection of the stateless people and the refugees will ensure as well as possible on the whole of the own territory^196(*).

With regard to the imperfections of the Community legislation, it would be preferable that the regional and sous-régionales standards clarify the stated rights, in particular those related to the protection from abroad. In addition, so that Cameroun are not warned any more to violate the rights of the immigrants deliberately, the U.A and the CEMAC should install more constraining mechanisms of control with regard to all the Member States.

However, the question which remains posed is that to know if the State will be able to answer these waitings sufficiently. In other words, Cameroun is it ready to implement all these conditions favorable to the effective recognition of the right from abroad ?

With our opinion, it is especially a question of will, as of a preliminary interiorization of the cause of the humans right in general and problem from abroad in particular, in the national policy.

* ¹⁹³ PACTET (Pierre), Institutions political and constitutional law, 21e edition, Paris, Armand Colin, 2002, p 69-71.

* ¹⁹⁴ On this subject, to see as example, the law N° 90-32 of bearing 11 December 1990 constitution of the Republic of Benign, in particular in its Title II devoting the rights and duties of the human person, p 7-12.

* ¹⁹⁵ Matter of NGUEBOU (Josette), during «  exchanges and debates  », In MAUGENEST (Denis) and POUGOUE (Paul-Gerard), COp Cit, p 86-87.

* ¹⁹⁶ As example, the part played by the French Office of Protection of the Refugees and Stateless people (OFPRA). For more details on the activities of the OFPRA, See SOLOMON (Robert), COp Cit., p 102-110.