Le régime juridique des étrangers au Cameroun

B) Rights of the foreign children26(*)

Entry into force on September 02, 1990^27(*), the Convention on the rights of the child was ratified by Cameroun on January 11, 1993. It protects, universally, the rights of all the children without any discrimination. Thus, that they are or not the nationals of the territory on which they are, the children profit from the same privileges. Its article 10 indicates that any request made by a child, in order to enter a State left or to leave it for purposes of family reunification, is considered in a positive spirit with humanity and diligence. Moreover, article 11 recommends to the Member States to take measures to fight against the illicit displacements and no returns children abroad. Article 22 is more explicit in connection with the taken refuge children because it requires that the countries concerned protect them and assist those which seek to obtain this statute.

It was elaborate an optional Protocol referring to the Convention on the rights of the child, relating to the sale of children, the prostitution of the children, and the pornography putting in scene children. This text came into effect on January 18, 2002^28(*). It comes to reinforce the protection of the children in general and implicitly, that of the foreign children, laid down in Convention. It preserves them against all forms of exploitation and control. Its article 3 (1) is sufficiently expressive by the way.

Indeed, it requires that each State take care that certain acts and activities are fully repressed by its criminal law, that these infringements are made in the domestic front or transnational by an individual or in an organized way. On a purely illustrative basis, we can quote : the fact of offering, of giving or of accepting a child whatever the means used, for purposes to exploit it at sexual ends. It also acts because of subjecting it to the forced labor and to offer, obtain, get or provide a child at ends of prostitutions.

Because of the particular situation of certain expatriates, the Member States of UNO adopted specific legal texts.

Paragraph 2 - Special legal instruments

The States initiated precise Conventions in order to reinforce the guarantee of the basic rights of a typology even more vulnerable from abroad.

They are the refugees and the stateless people (A), as well as migrant worker (B).

With) Rules specific to the refugees and stateless people

The statute of Office of the High Commission of the United Nations for Refugees (HCR), adopted by AG in its Resolution 428 (V) of December 14, 1950^29(*), indicates that the international protection of the refugees must be ensured by the HCR in the compliance with the rules in force. These rules were defined by the Convention of Geneva of July 28, 1951 relating to the statute of the refugees, entry into force on April 22, 1954^30(*), like by its Protocol in force since October 04, 1967^31(*). Cameroun left to the Convention of Geneva since October 23, 1961 and to its Protocol since September 19, 1967^32(*).

Convention governs the aspects specific to the problems of the refugees on the universal level. In his article first, the refugee is heard like any person who, since the end of the second world war, fears to be persecuted, in particular, because of his race, of his religion and his nationality. This Convention does not apply to the authors of international crimes or crimes of common right. In addition, it makes obligation in the States to guarantee to the refugees the rights reserved for any human person. Article 31 interdict with the host countries to apply penal sanctions to the refugees in irregular situation ; it rather encourages them to grant to them the benefit of the right of asylum. Moreover, no State must expel refugees, nor to drive back them in a territory where them life would be in danger. In addition, Convention encourages the States to concede to them other privileges such as the assimilation and naturalization.

It also should be stressed that this legal instrument imposes on the States the principle identical treatment with the nationals in a certain number of fields^33(*). For this reason, article 4 preaches the freedom of religious instruction of the children ; article 14 guarantees the intellectual and industrial property ; article 16 proclaims the right to institute legal proceedings ; article 22 promotes primary education teaching ; article 23 puts forward the questions related on the assistance and the public helps ; article 24 lays down the application of the social security and industrial legislation ; article 29 draft of the fiscal burdens. In other fields like the right of association defined in article 15, the refugees profit from the most favorable treatment granted the abroads. With regard to in particular the real estate and housing, the Convention of Geneva requires that the States grant a treatment to them which will be less favorable than that granted the abroads. Moreover, for what milked with the exercise of a paid occupation, article 17 (1) precise that the contracting States are held to grant to the refugees « the most favorable treatment granted, in the same circumstances, with the nationals of a foreign country ». For the case of the nonpaid and liberal activities, such as it arises from articles 18 and 19, only one is imposed « treatment as favorable as that granted in the same circumstances the abroads in general ».

Convention envisages, moreover, certain obligations for the refugees : they are held to respect the laws of the host country and do not have to be authors of disorders inside as outside the country.

For its part, the Protocol extends the protection ensured by Convention. Indeed, the States must from now on take care of the respect of the basic rights of all the refugees resulting from the events of the shortly after the second world war until our days.

As for the Convention on the statute of the stateless people come into effect since June 06, 1960^34(*), it protects this category from abroad deprived of nationality. Article 1 defines, rightly, the stateless person like « a person whom no State regards as its national by application of his legislation ». This Convention requires of the States to ensure the effectivity of the basic rights of the people stateless people. It also encourages them to fight against the apatridie by facilitating the procedures of naturalization^35(*).

The other category that the Member States intend to protect from UNO is that of migrant worker.

* ²⁶ We will study the legal statute of the foreign children in comparison with the Convention on the rights of the child and his Protocol. They are certainly the texts recognized universally like catégoriels, in what they treat of the rights of a category of people, children in fact. However, within the framework of our research, we inserted them in the field of the general instruments because there is not currently any International Convention which treats statute specifically of «  foreign children  ». And this is all the more true as this question challenges all one each one.

* ²⁷ SCHUTTER (Olivier) and others, COp Cit, pp. 189 to 208.

* ²⁸ SCHUTTER (Olivier) and others, Idem, pp.208 with 215. We make a point of specifying that Cameroun just took part in the adoption of this Protocol. It did not ratify it yet.

* ²⁹ SCHUTTER (Olivier) and others, COp Cit, pp.54 with 58

* ³⁰ Idem, pp.58 with 72

* ³¹ Idem, pp. 72 to 74.

* ³² Publications of the International Institute of the Humans right, Institute Rene Cassin of Strasbourg, the Convention of Geneva of July 28, 1951 relating to the Statute of the Refugees 50 years afterwards  : Assessment and Prospects, Brussels, Bruylant, 2001, p. 448.

* ³³ Al (Denis), «  The international device of the right of asylum - general report/ratio  », IN  French company for the international law, Conference of Caens  : right of asylum and of the refugees, Paris, Pedone, 1997, pp.13-81.

* ³⁴ SCHUTTER (Olivier) and others, COp Cit, pp. 75 to 86.

* ³⁵ It is certainly true that Cameroun did not ratify above mentioned Convention. However, because of the marked fight of the international community against the phenomenon of the apatridie, we inserted it within the framework of this study.