Le régime juridique des étrangers au Cameroun

B) Rights of migrant worker

They are protected by the International Convention on protection from the rights of all migrant worker and the members of their family, entry into force since July 1, 2003^36(*). In its article 2, it defines migrant worker as « the people who will exert, are gainfully employed or carried on in a State to which they are not amenable ». Moreover, this Convention envisages a whole of rules which are binding on the States. They are intended to guarantee, without any discrimination,  fundamental freedoms of migrant worker and the members of their family, in the respect of the goals and principles of the United Nations. Part III of Convention protects the migrant in irregular stay and part IV, the regular migrant^37(*).

Cameroun also ratified many other universal instruments relating to the humans right^38(*) generally. Nevertheless, they have a considerable incidence on the statute from abroad, on the framing of their freedoms^39(*). It acts in particular^40(*) :

- convention complementary to September 7, 1956 relating to the abolition of slavery, draft of the slaves and institutions and practical similar to slavery (adopted under the aegis of UNO),

- convention for the repression of the draft of the human beings and the exploitation and the prostitution of others (UNO),

- convention of the O.I.T. (n° 29) concerning the forced labor,

- convention of the O.I.T. (n° 105) concerning the abolition of the forced labor,

- convention against torture and other sorrows or treatments cruel, inhuman or degrading (UNO),

- convention of the O.I.T. (n° 97) concerning migrant worker,

- convention of the O.I.T. (n° 143) on the migrations under abusive conditions, on the promotion of the equality of chances and migrant worker salaries,

- convention of the O.I.T. (n° 87) concerning trade-union freedom and the protection of the trade-union right,

- convention of the O.I.T. (n° 98) concerning the application of the principles of the right of organization and collective bargaining,

- convention of the O.I.T. (n° 122) concerning the Employment Policy,

- convention of the O.I.T. (n° 135) concerning the protection of the representatives of the workers in the company and the facilities to be granted to them,

- convention of the O.I.T. (n° 101) concerning the discrimination employment profession.

All these texts with characters universal are supplemented on good of points by other instruments of regional range.

* ³⁶ SCHUTTER (Olivier), COp. Cit, pp. 92 to 126.

* ³⁷ It is precisely the part III which makes that many States, among which Cameroun, do not ratify it. However, this Convention is founded on several texts worked out under the aegis of the International Labor Organization (O.I.T.) and ratified by the near total of the States, like Cameroun. It is on this basis and while knowing that as a member of AG, the latter took part in the adoption of Convention, that we hold of it account within the framework of our research.

* ³⁸ MARIE (J-B), «  International instruments relating to the humans right ratified by Cameroun to January 1, 1998  », IN  Universal review of the humans right (R.U.D.H.), 1998, Vol.10, n° 1-2, p 59 and following, international instruments relating to the humans right- classification and state of the ratifications to January 1, 1998.

* ³⁹ Since the texts relating to the humans right apply without discrimination to any human person, these texts are thus applicable the abroads. We can speak about one «  protection by rebound  » of the rights from abroad beyond the protection of the humans right.

* ⁴⁰ Only the texts likely to interest our study will be quoted.