Le régime juridique des étrangers au Cameroun

C) Agreements CEMAC

January 28 2004 was held in Brazzaville, Ve Session ordinary of the Conference of the Heads of States of the CEMAC. Those took note of the conclusions of the Council of Ministers of December 2003. From the institutional point of view, the Conference adopted an agreement of extradition^54(*), a legal cooperation agreement as well as a mutual assistance and solidarity, non-aggression pact.

The purpose of the first agreement is to facilitate the procedures of extradition of the individuals amenable to the Member States of the CEMAC and the authors to infringements in this territorial space. It forces the States to make prevail the procedural guarantees of the defendants, in fact, the respect of the rights of defense. They must thus set up the guarantees of an equitable lawsuit^55(*).

The second comes to reinforce the first in the sense that it makes it possible to prevent that conflicts emerge between the Member States at the time of the procedures of extradition because these conflicts are generally prejudicial with the rights of the defendants. The foreign person concerned with the extradition can thus undergo nuisances because of sluggishness or of the slowness of the legal procedures because of possible incomprehension between the necessary State requiring and State.

The Pact envisages the broadest possible legal aid, in any procedure aiming at the fields penal, civil, administrative and, even, of the family. Consequently, the lawyers registered with the bar of the one of the six Member States will be able to plead in front of each of the five others. The parts in litigation will have of this fact a string of councils to which to subject their disagreements.

These three agreements devote swears the evolution of national justice in the zone. This justice from now on under-is regionalized and aims at accelerating the procedures in front of the courts and the courses. Principal recipients being lawyers and justiciable nationals of the community and more precisely individuals being in a Member State of the CEMAC of which they are not the nationals.

The protection from abroad present on the Cameronian ground also materializes by the right founded under the aegis of the bilateral institutions.

Paragraph 3 - The condition from abroad within a bilateral framework

On a purely illustrative basis, we can quote the Agreement concluded between the Federal Republic from Cameroun and the Federal Republic of Nigeria, relating to freedom of movement of the nationals of the two countries. It was signed on February 06, 1963^56(*). This agreement specifies, in its article 7 (D), that the contracting parts negotiate Protocols relating to particular problems such as freedom of movement of the people. It is besides pursuant to this agreement that a Protocol was negotiated and concluded between the two countries. It allows the Cameronian populations and Nigerians to circulate on both sides of the borders without formalities of visas of entry or exit^57(*).

Measurements of application of these standards of international law were fixed by internal legal scheduling.

* ⁵⁴ According to SALMON (Jean) (Dir.), COp Cit, p.490, the extradition is «  a legal mechanism by which a State  (the necessary State) a person delivers who is on her territory in another State  (the State requiring) which claims it at ends of continuation or execution of sorrow  ». The implementation of the procedures of extradition supposes in theory the existence of a Convention of extradition between the States concerned. In this study, we will treat only extradition from abroad present on the own territory.

* ⁵⁵ Without claiming with exhaustiveness, we will quote  : right of shown to be entitled a lawyer, his right to the presumption of innocence, the compliance with the rules of the proof, to an independent and impartial court.

* ⁵⁶ Cameroun signed other Agreements on freedom of movement of the nationals of the Member States. As, the terms of the agreement signed with the Republic of Mali lay out as, subject to reciprocity, each Malian with freedom to circulate inside the Cameronian territory on simple presentation of its national chart of identity  ; it is the same for each Cameronian in Mali. In the same way an agreement was signed with Niger, according to which, the Natives of Niger coming to study in Cameroun in certain educational establishments the higher such African Institute of Data processing (IAI), do not need to pay of visa of entry  ; indeed,  the certificate of schooling or the receipt of inscription is the only necessary parts. We are not yet in possession of the legal instruments which define them, also prefer us to insist on the agreement concluded with Nigeria.

* ⁵⁷ DONFACK SOKENG (Léopold), «  The freedom of going and coming in under area from the gulf from Guinea  », IN  African review of parliamentarism and democracy, Volume II-N°1, Douala, university of Douala, 2003, pp. 55 to 90.