Memoire Online - Le régime juridique des étrangers au Cameroun

MEMORY PRESENTS For OBTAINING the Diploma Of THOROUGH STUDIES (DEA) IN RIGHTS OF the PERSON AND the DEMOCRACY

AHANDA TANNED Martine AHADZI-NONOU KOFFI,

A) B) Academic year 2004-2005

La Chaire Unesco n'entend donner aucune approbation ni improbation aux opinions émises dans les mémoires.Ces opinions doivent être considérées comme propres à leurs auteurs.

- A fire my loved Father, Bruno Rosaire AHANDA TANNED, cantor of work and the merit for those which knew you, you which so often said : « all that I have of purer and of surer is in my brain » and that death tore off with my love and affection in a premature way. I would be eternally grateful to you for this love, your courage and especially your great moral integrity like your honest councils. My memory will preserve them always and jealously ;

- A fire my Grandfather, Robert OWONO, symbol of the effort for all those which were expensive to you, you which had habit to say: « when one wants, one can » and I miss whose wise councils with each time I need it most since your disappearance ;

- A feue my generous and tender Amie of childhood, Carine, whom I met whereas we were only gamines but that the ground began again so young person, in the morning of the life ! You will always have a place in my heart ;

- A fire Dimitri, you that I almost regarded as a Younger brother and who, still very young and already devoted to the studies, by your simple character, standardized the things of this world through your magic sentence : « it is nothing, it is dust ». Dust which has you brutally removed ground of the men before I did not have the occasion to discover the gifts which were hidden in your modest person.

- A fire my nice Friend of childhood, Olivier, missing abruptly with the flower from the age.

That the ground of our ancestors is soft and light for you and that your hearts rest in peace !

- All the people who, of near or by far, supported me during the studies of DEA in humans right and democracy to the Benign one.

- All those which fight for an effective pleasure of the rights from abroad in the world.

The research reported in this work is the fruit of the contribution of several people who allowed to perfect them. That all are warmly thanked for their participation useful to my formation.

First of all, my deep gratitude is addressed to Professor AHADZI-NONOU KOFFI which, in spite of its multiple occupations, condescended to sacrifice most of its time to ensure the direction of this memory. It is at a true school that I went and I leave there largely built. I formulate the wish to continue to profit from your great qualities in my research.

Then, I express all my recognition at the place of Pulpit UNESCO of the Rights of the Person and the Democracy of Benign, especially to his Holder, Professor Theodore HOLO, and with the Scientific Secretary, Doctor Victor K. TOPANOU, who knew to make our stay pleasant within this institution whose relevance and quality of the formation are out of the commun run.

Then, I could not forget to testify my whole recognition and my deep gratitude with Doctor Jean-Louis ATANGANA AMOUGOU thanks to whom I had the privilege to follow the program of this DEA and to thus find a true direction with my higher education in right. I will never thank you enough for your extreme magnanimity and all your councils.

Lastly, thank you also with the parents, friends and knowledge which helped me to overcome the daily difficulties of the host country and which enabled me to pass there pleasant and peaceful stay.

PIDESC : International pact relating to the Social, Economic and Cultural Rights

First Part: FORMAL RECOGNITION OF THE RIGHTS FROM ABROAD .......................................................................................... 5

CHAPITREI: The CONTRIBUTION OF the INTERNATIONAL TEXTS ........................... 7

« It is impossible that we suppose that these people there are men : because, if we suppose them men, one would start to believe that we are not ourselves Christian. Small-minded persons exaggerate too the injustice which one subjects African. Because, if it were such as they say it, it would not have come in the head from princes d' Europe, which make between them useless conventions so much, to make general in favor of the mercy and pity ? «.

« The problem of the refugees will be for us, I fear it, a problem eternal, unless the world does not become peaceful. «

INTRODUCTION

In the Business of Barcelona Traction, the International Court of Justice (CIJ) affirmed in these terms the principle relating to the treatment from abroad : « since a State admits on its territory (...) foreign nationals, (...) it is held to grant the protection of the law to them and assumes certain obligations as for their treatment »^1(*) . Thus, although these obligations are neither absolute, nor without reserve, the CIJ at all did not intend to authorize the States to violate the rights of this category of people. On the contrary, it rather recommended to them to frame the foreigners juridically.

In right, foreigners are the individuals who do not have the nationality of the State in which they remain^2(*). According to RIVIER^3(*), the terms « subjects, nationals, citizens, régnicoles », are as many synonyms whose opposite is « foreigners ». That undoubtedly constitutes the reason for which, the foreigners are indifferently called «immigrants, expatriates, or, non-national ».

They are thus synonymic expressions returning to the same concept. Indeed, the concept of immigration translates an action of physical people who go in a State other than that of which they have nationality, with the intention to fix itself at it definitively or for a rather long period^4(*). In the same way, the concept of expatriation indicates either the action of expatrier an individual against his liking (it is more precisely of the exile or the banishment), or the fact for an individual of expatrier voluntarily (it is the phenomenon of the emigration). An expatriate is any person who left her fatherland and finds herself in foreign territory, whatever the reason of his departure^5(*). Pareillement, not-nationality, contrary to nationality, is the fact for an individual of not having any bond of legal fastening with the State on the territory of which it remains ; in other words, this individual does not have the nationality of the host country. So it is quite simply non-national or a foreigner in this country.

As Michel REYDELLET affirms it^6(*), it is necessary to go obviously that the world is filled from abroad. Moreover, in any country the latter are not on an equal footing with the nationals. The basic rights are generally refused or measured to the immigrants, or subjected to authorization, so that they incontestably form part of these weakened beings, of these « situations at the risk » as regards basic rights and human dignity. Indeed, it continues, contrary to the nationals, the foreigners have already decreased rights and are put at the variation. This is why we wonder whether the immigrants can truly be compared to men with whole share.

Actually, in spite of the unfavourable treatment that the latter within various official companies undergo, it is undeniable that they remain always men as well as the nationals because the humans right^7(*) are principles inherent in any human person without any discrimination.

As in the other States of the world, the foreigners living on the Cameronian territory are not in margin of this treatment differentiated, which carries reached to their rights however recognized as well as those of the nationals, by the legal instruments from protection from the personal freedoms. It is thus in this direction that the present study is registered relating to « the legal status from abroad in Cameroun ». Indeed, our principal concern is to evaluate the specifically Cameronian situation as regards management from abroad by the State. Such an evaluation will thus make it possible to check if the treatment of the immigrants living on the own territory is in conformity with the letter and the spirit of the decision returned by the CIJ in the Business of Barcelona Traction above mentioned.

But au préalable, for a better apprehension of the topic of analysis, it appears convenient to define the expression « legal status »^8(*). It is advisable to recall that, according to HORNED Gerard^9(*), a mode is a system of rules, considered as a whole, either as he gathers the whole of the rules relating to a matter, or because of the finality to which these rules are ordered. Jean SALMON^10(*) gives a definition a little clearer of it. In his opinion, it is especially about a whole of rules which govern a given legal institution.

It should be noted that the concept of legal status of the people also returns to two others, namely it « condition » and it « statute » that it is important to define.

For a great number of authors like Serge ON and Jean COMBACAU^11(*), the concepts of condition and statute of the individuals are basically distinct. Indeed, the fact that the State refuses on a foreign subject certain rights which it grants on its own subjects is a question concerned with « condition » of the individuals and not of their « statute » which is that of the people in comparison with the whole of the official rights. In other words, the condition of the individuals expresses the specificity of the rights, the preferences and the capacities reserved exclusively for the nationals by the State while, the statute of the individuals rather reveals the whole of the official rights of which can profit any person without any discrimination.

Such is however not the point of view of other doctrinary which thinks rather than it is undoubtedly about the same reality. Indeed, according to Jean SALMON^12(*), the statute, still synonymous with legal statute, is the legal condition of the people. It is in particular about the mode which is applicable for them. Thus it speaks about the condition from abroad to indicate by the same terms « statute, condition and mode », the whole of the rules which specify the state, the capacity, the legal personality, in short, rights and duties of these immigrant people. From the same point of view, HORNED Gerard^13(*) gives contents identical to these concepts. For him, indeed, the statute is a coherent whole of rules applicable to a category of people and who essentially determine of it the condition and the legal status. Applying that the abroads, it defines the legal condition as their statute, the whole of the rules relating to their situation, as governed by a State, so much with regard to the administrative mode to which they are subjected than as regards the public, professional or deprived rights which are recognized to them.

It is this design which will be adopted within the framework of our research. We will not establish any distinction between « condition » and « statute » since the use of one or the other concept will support a broader apprehension of the study of the legal status from abroad in Cameroun.

These preliminary considerations being formulated, it consequently proves necessary to raise the central problems of our reflection who articulates himself around the following question : can we speak about an effective protection from abroad within the State? In other words, Cameroun it envisaged solid texts and mechanisms to ensure a perfect recognition of the rights and fundamental freedoms of the expatriates ?

With our opinion, although it is not ignored, protection is far from being completely effective because Cameroun does not seem to have a solid legal base, which would reflect truly the characteristics of a supposed democratic State to in general ensure with effectiveness the guarantee of the humans right and the statute from abroad in particular. Moreover, certain regional legal instruments relating to the humans right and the condition from abroad in Africa and to which Cameroun left, seem to suffer from many imperfections tending to relativize the defense of freedoms of these people.

In addition, we will analyze the legal condition of the immigrants, for purposes to have a critical apprehension of the problems which they encounter.

As, most important will consist in showing as the formal recognition of the rights from abroad to Cameroun (First part) led to an institutionalization in fact of the violations of their fundamental freedoms (Second part).

First Part :

FORMAL RECOGNITION OF THE RIGHTS FROM ABROAD

The last census operated in 2003 indicates that Cameroun has a population of 16,1 million inhabitants^14(*) of which a considerable number from abroad. Indeed, they would exceed the bar of three million inhabitants of which about half would be « without papers »^15(*), the remainder being in rule. And, among all these expatriates, we count sixty thousand refugees and six thousand applicants of asylum^16(*).

A whole of legal devices was set up for purposes to guarantee their rights and freedoms. It arises from the analysis of these texts that the international standards (Chapter 1) strongly inspired the national legislation (chapter 2).

CHAPTER 1: The CONTRIBUTION OF the INTERNATIONAL TEXTS

Au préalable, it is important to recall that many authors treated question of the rights of the individuals at the international level. Denis Al^17(*) for example notes in his analyzes that for a long time, the private people were not regarded as subjects of the international law ; however, the evolution of the ideas since 1945 led to confer juridically definite freedoms to them and of which they are immediately titular.

From now on, the individual is protected, whether it is on the international level or within a regional framework : indeed, as regards the first aspect, its freedoms are devoted by universal standards ; for the second, they are the Community standards.

Also, the particular case of the guarantee of fundamental freedoms of the expatriates leads us to study the contents of the universal right (Section 1) and Community (Section 2) applicable to the State of Cameroun.

SECTION 1 - THE UNIVERSAL PROTECTION FROM ABROAD

UNO was created in 1945 the shortly after the second world war. Among its noble goals and principles, we can quote it « respect of the humans right and of fundamental freedoms for all, without reference of race, sex, language or religion »^18(*). This provision also interests the foreigners. We can deduce from it that the Member States of UNO decided to guarantee their fundamental freedoms.

Having reached national and international sovereignty on January 1, 1960, Cameroun became member of UNO since September 20 of the same year^19(*). Consequently, it was committed continuing the ideals of this organization. This is besides only the expression of the sovereignty of the State in international law, namely the respect of its international engagements^20(*).

With a view to carry out the assigned missions with it, UNO adopted many texts of right concerning the foreigners in particular; the majority have a general range (Paragraph 1) and others, specific (Paragraph 2).

Paragraph 1 - General legal instruments

They are more exactly the texts of right to which the near total of the Member States of UNO left. We can quote, on a purely illustrative basis, the universal Declaration of the humans right (DUDH), the international Pact relating to the civil laws and political (PIDCP) as well as the international Pact relating to the economic, social and cultural doits (PIDESC). They do not relate directly to the statute from abroad, but, deal with the whole of the rights inherent in any human person without any discrimination.

Also, the contents of the DUDH and the international Pacts (A) put forward certain rules defining the condition from any abroad. Moreover, other instruments implicitly envisage the basic rights of the foreign children (B).

With) Contents of the DUDH and the international Pacts

The DUDH was adopted and proclaimed by the General meeting of the United Nations (AG) in her Resolution 217A (III) of December 10, 1948^21(*). It lays out in its article first that « all the human beings are born free and equal in rights ». This assertion is also worth for the non-national ones of any State, because of the principle of non-discrimination on the origin of the human person. Moreover, article 13 adds that «any person has the right to circulate freely and to choose its residence inside a State. Any person has the right to leave any country... ». This provision regulates the principle of freedom of movement from abroad like their right of residence and establishment on any territory ; it envisages also a right to the emigration. Article 14 specifies that «in front of persecution, any person has the right to seek asylum in other countries. This right cannot in the case of be called upon continuations really founded on a crime of right common or contrary intrigues to the goals and the principles of the United Nations ». It acts as a whole of the conditions of granting of territorial asylum.

It should however be raised that, the DUDH, in spite of the interest which it grants the abroads, remains without constraining force for the States^22(*). Indeed, this Declaration is only one simple resolution of AG. As, to prevent as the States do not press with the feet various freedoms which it preaches, the international Pacts were adopted in 1966 by the United Nations. They are essential in all the States which ratified them, accepted or which adhered to it ; the PIDCP came into effect on March 23, 1976^23(*) and the PIDESC, January 03, 1976^24(*). Cameroun adhered on June 27, 1984 there.

The PIDESC presents a whole of rights intended for any human person as regards the aspects social, economic and cultural. So it implicitly grants these privileges the abroads. The PIDCP, for its part, rather clearly defines freedoms which are reserved for them. Indeed, except its article 2 which reaffirms in the direction of article 1 of the DUDH caused the benefit of the humans right for all, other provisions are very explicit. It is the case of article 12 which regulates the right to the emigration, as well as the freedom of circulation and residence for any regular foreigner installed in the State. The limitations relating to the full exercise of these rights must be envisaged by the national legislations. Article 13, on its side, draft of the expulsion from abroad. We can deduce from it that it must be a question of a penal sanction inflicted to the delinquents and not a sanction fixed arbitrarily by the State. Article 14 guarantees the equality of all in front of the judicial bodies. It thus does not envisage any barrier with the access of nonnational in justice.

It is important to stress that the PIDCP, just like the DUDH, do not create an absolute right of entry in a foreign country. It is rather about a relative right. Indeed, nowhere in these two texts, it is marked only the State has the obligation to let the non-national ones return on its territory. The right to immigration or import duty is of this fact a right of the State, an objective right. It is only in the States that it returns to carry it out. It is the same for the right of asylum because there is not one « right to asylum » ; these two legal instruments actually preach only it « right of asylum ».^25(*) IT thus returns to each country to fix the relating to it rules. Moreover, freedom of movement of the foreign people is recognized in the DUDH and the PIDCP only for the case of internal displacements. The regulation of the transborder migrations thus remains the kept hunting of the States exclusively. On the other hand, the right right to the emigration or to leave a territory and the right to circulate there, are subjective rights because they belong the abroads a priori. Indeed, each one has about it supremely in the strict respect of the conditions defined by the law the State of reception.

This situation is valid for all the expatriates without any discrimination based on the race, the origin, the sex, and even the age because the children also are concerned.

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.

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° 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° 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° 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.

SECTION 2 - THE COMMUNITY PROTECTION FROM ABROAD

It is about the guarantee of the basic rights of the nationals of the Member States of the regional and sous-régionales institutions, which pursue common goals following the example freedom of movement of the people, capital, goods and services.

Cameroun left to such institutions : it is more precisely about the African Union (Section 1), of the Economic and Monetary Community of Africa Centrale (Section 2), as well as bilateral agreements (Section 3).

Paragraph 1 - The role of the African Union (UA)41(*)

Cameroun was member of the late Organization of African Unity (OAU) created in 1963, which pursued several goals among which the protection of fundamental freedoms of the human person. He is from now on member of the U.A which replaced it. Its Deed of partnership was adopted on July 11, 2000 and came into effect on May 26, 2001^42(*).

The UA took again the noble ideals of its devancière. She indeed committed herself applying the rules founded under the aegis of the OAU for purposes to take care of the integrity from abroad according to an at the same time general process (A) and special (B).

A) General rules relating to the rights from abroad in Africa

We take for reference the African Charter of the humans right and of the people adopted on June 27, 1981 to the 18th Session of the Conference of the Heads of State and Government of the OAU and entry into force on October 21, 1986^43(*). It puts forward the rights and duties of the individuals and people of the continent. It returns to the States to conform to its regulations. It was ratified by Cameroun on October 21, 1986.

Two principal provisions concern the foreigners directly. Initially, article 12 draws contours of the freedom of circulation and residence inside a State as well as the right to leave any territory. It fixes the rules relating to expulsion and prohibits collective expulsions. In the second place, article 23 (2) (A) requires that the States take care that a profit individual of the right of asylum does not direct subversive activities.

We can also quote the African Charter of the rights and the good being of the child adoptive on July 11, 1990 by the 26e Conférence of the Heads of State and government of the OAU and entry into force since November 29, 1999^44(*). Ratified by Cameroun on September 05, 1997, it guarantees the rights and preferences of all the children of the area. Its article 23 applies more particularly to the taken refuge children. It requires that the States ensure their protection, assists them and takes care of the respect of their basic rights.

Beyond this general normative framework, principles were adopted especially for the refugees in Africa. While conforming to the above mentioned Convention of Geneva of 1951, the regional instrument initiates very original means of protection of the rights of the taken refuge people.

B) The characteristic of the African right of the refugees

The fundamental text which regulates the condition of the refugees in the area is the Convention of the O.U.A governing the aspects specific to the problems of the refugees in Africa. It was adopted on September 10, 1969 and came into effect on June 20, 1974^45(*). The signature of Cameroun took place on October 09, 1969, its ratification on July 09, 1975 and the deposit of its instruments of ratification on October 1, 1986^46(*).

In its analyzes, Rene DEGNI SEGUIdémontre^47(*) that the Convention of the OAU extended (1) and reinforced (2) the statute of the refugee in Africa.

1) Extension of the concept of refugee

The Convention of the OAU gives a definition of the denser and detailed refugee that the Convention of Geneva of 1951. Indeed, it devotes two criteria of eligibility to him : first is drawn from « persecution » and the second, of « violence ».

On the one hand, the African legal instrument almost completely takes again the contents of the articles first of above mentioned Convention and its Protocol. Indeed, in article 1 (1), the Convention of 1969 also defines the refugee as the person who flees her country of origin and cannot or does not want to go back there by fear to be persecuted because of its race, her religion, its nationality, its membership of a certain social group or its political opinions. Moreover, on the basis of final provision of this subparagraph, Convention is directly applicable to the stateless people having same fears as the refugees.

In addition, it widens the concept of refugee by covering other people not protected by the Convention of Geneva. Thus, under the terms of its paragraph 2, this one is heard as any person who flees her usual residence because of an aggression, of an external occupation, a foreign domination or events seriously disturbing the law and order in a part or the totality of her country of origin or of the country of which it with nationality.

Through these two criteria, Convention crosses an important step in the protection of the refugees bus in addition to the victims of totalitarianism, it puts under its protective sunshade those of the civil wars and the conflicts. Its contribution is all the more appreciable as it extends to their statute.

2) Reinforcement of the statute of the refugee

Convention establishes a dialectical bond between the rights and the duties of the refugee.

As regards the rights, it stresses three fundamental principles which are asylum, not-repression and voluntary repatriation.

Initially, the question of asylum is regulated by article 2 in its subparagraphs 1, 4 and 5. It is prescribed with the Member States to make all their possible to accommodate the refugees. It falls on the States not to expel the latter, if they test difficulties of granting asylum to them, but rather of launching a call to the other Member States. Moreover, failing to grant asylum in a permanent way to the refugees, the host countries have the obligation to grant temporary asylum to them.

Then, the Convention of the OAU, contrary to that of Geneva, does not admit any limit with the principle of not-repression. Indeed, article 2 (3) makes an absolute rule of it because it prohibits to oblige a refugee to turn over or remain in a territory where its life, its body integrity or its freedom would be threatened.

Lastly, the Title V of Convention devotes voluntary repatriation by putting a certain number of obligations at the load of the country of asylum, country of origin and international community. The first must, in collaboration with the second, to take suitable measurements for the healthy return and except refugees who ask for their repatriation. The second must facilitate their reinstalment, make them profit from the same statute as his nationals and abstain from inflicting sanctions to them to have exiled himself for any of the reasons giving rise to the situation of refugee. In short, it falls on the African States to take care of the defense of fundamental freedoms from these abroad more especially as according to the HCR, Africa remains the most affected continent by the increase in the number of refugees. As for the international community, it is invited, through the nongovernmental organizations (ONGs), to bring all « possible assistance likely to facilitate their return ».

Concerning the duties, article III of Convention devotes two categories of them. The first met with the load of the refugee obligation to conform to the laws and payments in force like with measurements aiming to the maintenance of law and order. The second door on prohibition to undertake activities subversive against any of the Member States. Altogether, the refugee should not attack safety interior and external of the State of asylum.

Cameroun also left to various other treaties worked out in sous-régional geographical space.

Paragraph 2 - Foreigners in space under- regional

March 16, 1994, the Heads of State of several countries (Cameroun, Gabon, Central African Republic, Guinea Equatorial, Chad, Congo-Brazzaville) signed the Treaty of Ndjamena creating the Economic and Monetary Community of Africa Centrale (CEMAC). This treaty came into effect on February 05, 1998 at the time of the 33e Sommet of the Heads of State^48(*), following the decision to put an end to the Customs union and Economic of Africa Centrale (UDEAC) created in 1964^49(*).

The operation of the CEMAC rests on the principle of freedom of movement of the people (A), the capital, the goods, and the services^50(*). It is under the terms of this principle that it regulates the migrations of the workers in the States left (B). In addition, the latter signed certain agreements intended to facilitate the integration of the people (C).

A) Freedom of movement of the people

It is the leitmotiv of any Community institution. It does not have a direction as long as the nationals of the States left cannot move inside its territorial framework. This is why the CEMAC was fixed for objective, the establishment of a narrower union between the people of the Member States in order to harden their solidarity geographical and human. The parts with the treaty began to support the migrations as well as the right of establishment and residence within the community. Much more, in order to guarantee the existence of one citizenship CEMAC, they instituted the passport-CEMAC.

Indeed, in accordance with the bearing treaty creation of the CEMAC and the subsequent texts like with the verbal lawsuit of work of the third Session of the Council of Ministers held on September 17, 1999 in Ndjamena, in Chad, this body adopted in its meeting of July 20, 2000 the N°1 Payment/bearing 00-CEMAC-042-CM-04 institutions and conditions of attribution of the passport-CEMAC. It is an instrument of freedom of movement of the people within the community. It is intended to the nationals of the Member States. The rules related to its impression, its management and its delivery come under the responsibility of each part to treaty CEMAC^51(*). Unfortunately, this decision forever applied so far^52(*).

Beyond the general principle of freedom of movement of the people, a particular stress is laid on displacements of a category of migrants, namely, that of the workers.

B) Migrant worker

The question of the migrations of the workers is in the middle of realities of Africa Centrale and especially of zone CEMAC. Indeed, with a view to carry out freedom of movement of the people and considering the need for fighting against the brain drain towards the occident, the Member States defined the rights of the workers in displacement in the under-area. This concern appears besides within territory CEMAC like a dynamics impossible to circumvent, even a social, cultural and economic need for these people and their families.

In Douala, in Cameroun, from the 03 to March 07, 2003, the O.I.T for Africa Centrale coordinated it tripartite seminar on the migrations of the workers in the countries of the CEMAC^53(*). The director of the Office of the O.I.T for Africa Centrale exhorted the CEMAC to be implied fully in the process which will have to lead to explicit and coherent policies national and regional between them as regards respectful regulatory instruments of the right of the workers. It comes out from this seminar that it falls on the States to protect migrant worker. They must ensure a decent work to them by recognizing and protecting their fundamental freedoms work. It is in particular about the equal treatment, of the elimination of the forced labor and work of the children (in fact of the migrant children), of the freedom of the workers as for the organization and with the negotiation of their working conditions.

The respect of these rights constitutes, indeed, the best rampart against discrimination, the exploitation and xenophobia. Also the Member States engaged, at the end of this seminar, to protect the rights of migrant worker and the members from their families.

In logic to always guarantee the rights and freedoms from abroad within the zone, the interested countries concluded certain agreements.

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.

CHAPTER 2 - THE CONTRIBUTION OF THE NATIONAL TEXTS

The study of the normative framework interns which regulates the statute from abroad can be carried out under two angles. On a side, it will be a question of the guarantee of this statute by the constitution and, other, by the law. The first case puts forward the constitutional protection of the rights from abroad (Section 1). As for the second case, it returns to legal protection ; we will limit ourselves in particular to the study of freedom of movement of these people (Section 2).

SECTION 1 - THE CONSTITUTIONAL PROTECTION OF

RIGHTS FROM ABROAD

It is important to recall that the constitution, « with the material direction »^58(*), is the whole of the supreme and fundamental rules within a country. Those relate to in particular the form of the State, the bodies of the capacity, their attributions, their reports/ratios and the civil rights^59(*).

Like affirmed it Enrique RUIZ VASSILLO, the constitutional standards and the international instruments of protection of the humans right must be complementary mutually^60(*). Thus, the constitution must be in conformity with the international treaty. But this last could not be integrated in national law without the will of the State. This interaction between internal and international rules (Paragraph 1) makes it possible to better encircle the legal statute of the expatriate in Cameroun (Paragraph 2).

Paragraph 1 - The constitutionalization of international protection

The law N°96-06 of bearing 18 January 1996 revision of the constitution of June 02, 1972^61(*) on the matter contains important provisions relating to protection from abroad in accordance with the international standards. Those are contained primarily in the preamble which, under article 65, « fact integral part of the constitution ». The analysis of the contents of this law proves to us that beyond the recognition of the humans right, the State affirms his faith with the rights from abroad.

Au préalable, the constitutional preamble proclaims the respect of the fundamental freedoms registered in the DUDH, the Charter of the United Nations, the African Charter of the humans right and of the people and all relating to it Conventions duly ratified. The range of these provisions is capital in what they make it possible to evaluate the particular statute which is granted to the international instruments relating to the humans right. Indeed, article 45 of the constitution affirms that « the treaties or international agreements have, as of their publication, an authority higher than that of the laws, provided for each agreement or treaty of its application by the other part ». It is acquired in right which this clause of reciprocity is without effect for the treaties relating to the humans right. Thus, « the ratification constitutes with it only a ticket of direct accession to constitutional dignity »^62(*) . So once ratified by the State, the treaty relating to the humans right is not any more one conventional standard, but rather a constitutional standard. Certain countries went on the matter further besides. On a purely illustrative basis, in addition to the assertion of its faith to these international legal instruments, the Benign one annexed the African Charter of the humans right and of the people to his constitution of December 02, 1990. The consequence which results from this is important : even if this Charter has been suddenly abolished at the regional level, it continues to apply at the Beninese State as long as the component will not have expressed the will to withdraw it from its legal scheduling.

Thereafter, the preamble to the Cameronian constitution proclaims that the human being has inalienable and crowned rights. In this direction, this provision is also applicable abroad. It is what justifies besides, the government bond to recognize a particular statute to him.

Paragraph 2 - The legal statute from abroad in comparison with the constitution

In general, the company was always organized so that the various groups which make it up cannot act there with their own way. Indeed, the community life must be governed by a whole of principles to prevent that it reigns there the law of the jungle. This is why the foreigner, like any other human person, is titular rights (A) and held with obligations (B) to Cameroun.

A) Rights

It is in particular a question of studying the extent of the privileges whose the immigrant enjoys on the unit the own territory, so much in the plans civil and political (1) that on the levels economic, social and cultural (2).

1) Civil laws63(*) and political

Article 4 (2) of the PIDCP specifies that each individual is holder of rights described as « intangible » ; they are the rights non-dérogeables even in period of war. Most important of them is the right to the life because it belongs to the paramount rights^64(*) of the human person. It is, indeed, a right without which the realization of all the others is impossible. We can, moreover, quote the prohibition of torture and the treatments inhuman or degrading, the prohibition of slavery and the constraint, the respect of the legality of the offenses and the sorrows. By deduction and under the terms of the principle of nondiscrimination, the foreigners also have this privilege.

Beyond these principles indérogeables, the non-national ones profit from other freedoms. For this reason, the preamble to the constitution of 1996 recognizes, explicitly, the exercise of the freedoms of expression, religion, thought, demonstration, communication, press, meeting, association as well as trade-union freedom and the right to strike for all without any discrimination. Moreover, the freedom of going and coming there is also devoted. Many States fell besides under logic of its constitutionalization. We can quote the case of the totality of the Member States of the under-area of the gulf of Guinea^65(*). This freedom is proclaimed in the constitutional preambles to various States in particular Gabon (constitution of 1991), the Republic of Congo (constitution of January 2002), Nigeria (constitution of 1999), the Central African Republic (constitution of 1994 revised in 2005).

Concerning the access from abroad to justice, the majority of the systems give to the judges the mission of protecting the personal freedoms against the attacks suitable for affect them^66(*). Also, the operation of the Cameronian legal system rests as a whole on many principles of which that of « equality in front of justice ». This principle rises from articles 10 from the DUDH and 14 (1) PIDCP. It means that all the justiciable ones, without any discrimination, must be treated on the same foot and be judged in the compliance with the rules of procedure and be basic. This principle fits besides in the logic of the preamble to the constitution of Cameroun, which affirms that « all the human beings have rights inalienable and crowned without any discrimination ».

In addition to all these freedoms, the immigrants also profit from the rights of the second generation.

2) Economic, social, and cultural rights

Just like the PIDCP, the PIDESC also proclaim economic, social and cultural rights for the expatriates. It thus sanctions the rights to work and equitable wages for a work of equal value. It recognizes also the rights to health and education. On this subject, the preamble to the constitution of January 18, 1996 lays out that «the State grants to the child the right to the instruction. Primary education teaching is obligatory ». In the same way, the expatriates have the right to practice their religion, to profit from scientific progress and its applications, to profit from the protection of the moral and material interests rising from any scientific, literary or artistic production of which they are the authors.

If the rights give them a true sedentary comfort in what they make prevail their physical and moral integrity, the obligations make it possible to prevent that the exercise of these rights does not degenerate into abuse ; so freedoms of non-national in general are juridically framed^67(*).

B) Duties

It arises from the constitution that the foreigners have also duties. The preamble lays out by the way that « no one cannot do what the law does not order ». That means in other words that each one has the obligation to do all that the law orders. Thus, under the terms of the supreme standard, they are held to act in accordance with the laws and payments in force and measurements aiming at the respect of the law and order and the moralities, « with to be punished risk the penally »^68(*)

For the case of the refugees in particular and such as requires it article 3 of the Convention of the OAU of 1969, it is to them interdict to lead any activity subversive to Cameroun and likely to give birth to from the tensions between the Member States of the regional organization.

The study of the contents of the constitutional law of January 18 1996 enabled us to work out various principles which are binding on the immigrant. With regard to more precisely the freedom of going and coming, the legislator took the care to give a very extensive definition of it.

SECTION 2 - THE LEGAL PROTECTION OF THE FREE ONE

MOVEMENT FROM ABROAD

In general, the import duty, to remain and of exit of a foreign State is subjected to a very strict mode which consists of an authorization freely granted by the State of reception. Indeed, it should be pointed out, the entry on the territory is a right of the State and not from abroad. As, by admitting as the principle of freedom of movement of the people can be the subject of legislative restrictions if those are « necessary to protect national safety, the law and order, health or the public morality », article 12 (3) of the PIDCP opens the door with important limitations.^69(*)

The text of right relating to protection in question at present is the law N°97/012 of 10 January 1997 fixing the conditions of entry (paragraph A), stay (paragraph B) and exit (paragraph C) from abroad in Cameroun^70(*).

Paragraph 1 - Legal conditions of immigration

We make a point of specifying that any individual entered a foreign territory is regarded first of all as an immigrant. Thereafter, in virtue in particular of the reason which pushed it there, from the goal that it continues there and according to its duration in the country, the States distinguish several categories from them. The typology from abroad recognized by the Cameronian right is thus dense.

Indeed, the frontier foreigners are the nationals of close countries which, without residing at Cameroun, are established in a border area on the territory of a nearby country to which they are amenable. Such as article 9 (1) of the law of 1997 indicates it, they are brought, by the nature of the bonds prevailing in the border areas, to carry out frequent displacements across the national terrestrial border. The foreigners in question are originating in the following countries : Nigeria (which are in the West of Cameroun), Chad (in North), the Central African Republic (in the East), Gabon, Guinea Equatoriale and the Republic of Congo (in the South).

Except the foreigners in transit, are qualified visitors temporary, the private people, the tourists, the people on mission^71(*), the businessmen, the promoters, the guests or participating in a demonstration organized on the own territory, the evacuated^72(*) shareholders,^73(*) pensioners and medical ones.

The foreigners in stay are the contractual workers, the self-employed workers like the people exerting on a purely individual basis a liberal profession, the trainees of long duration (lasted higher than three months), the students, the members of the family from abroad in stay, the refugees^74(*).

Foreigners resident are qualified, the paid foreigners of the private sector, the foreigners exerting in the public or parapublic sector bound by a contract of employment^75(*), the personnel of the technical aid having regularly remained on the territory throughout one at least six consecutive year, the spouse of a person of Cameronian nationality, the members of the duly recognized religious congregations.

Whatever the legal category to which it belongs, the foreigner east compels with a certain number of general (A) and special regulations (B) aiming at regularizing its entry.

A) General regulations

They relate to the procedures of obtaining the visa. The table hereafter clearly expresses the provisions of articles 10 to 16 of the law of 1997 relating to it.

Categories	Recipients	Validity	Entries and left	Contents of the file
Transit visa.	Foreigner in transit.	Not more than five days.	Several.	- A travel passport or any other document (validity 6 months minimum), - a valid plane ticket, - a visa, - international certificates of vaccination.
Tourism aimed at.	Temporary visitor moving for a tourist reason.	Not more than thirty days.	Several.	- A travel passport or any other document (6 months of validity minimum), - a plane ticket or transport document return ticket, - certificates international of vaccination, certificates of lodging, justifying object of the visit.
Temporary visa.	Foreigner of which the duration of stay does not exceed three months.	Not more than three months.	Several.	- Same conditions as for the file of request of the tourist visa, - an order of mission (for the official missions).
Long Stay aimed.	Foreigner of which the duration of stay exceeds three months.	Not more than six months.	Several.	- Same conditions as for the file of request of the temporary visa, - a guarantee of repatriation, - a contract of employment aimed by the Cameronian Minister for work for the paid hard-working foreigners, - an authorization to exert a liberal profession for lawyers and the ushers in particular, An act justifying the marital bond (for the spouse), or parental (for the minors), - a certificate of inscription or re-registration (for the students), - an act of setting in training course (for the trainees).

The visas are granted by the diplomatic mission or the qualified consular station within 48 maximum hour as from the date of filing of the request. The foreigners coming from the countries where Cameroun is not represented by a diplomatic or consular station, like the Benign one and of Togo, can in exceptional circumstances, to obtain a visa near or the frontier immigration police station of their place of unloading^76(*). The cost of the visa generally varies according to the duration or from the reason for the stay. For example, a tourist visa is 18.000 francs CFA.

Certain categories from abroad, in addition to having to satisfy these general rules, can profit from a special mode.

B) Special rules

They aim in particular the members of the family of the expatriates having to remain more than three months in Cameroun. The law enables them, indeed, to profit from measurements of family accompaniment and regrouping. They will be able to thus join their parents installed with the country for a long duration. It is a privilege which the law grants to them with a view to protection of the family and safeguarding of her unit preached by the constitution. However, the expatriates must prove that they on the spot have a housing and stable and sufficient resources.

The compliance with these preliminary rules makes it possible to consider that immigration is legal. It is necessary, thereafter, that the interested parties regularize their stay.

Paragraph 2 - Legal conditions of the stay

According to cases', the non-national ones must be provided with certain parts which are distinguished according to the legal category to which they belong and with the duration of their stay (A). These coins enable them to move in accordance with the rules relating to circulation interns (B).

A) Parts required

Articles 17 and 18 of the text of 1997 regulate obtaining the residence permit. It is granted the abroads entered regularly on the territory and authorized to remain there for one duration two years and lower than six years. However, the students (whatever the duration of the stay relating to their number of years of studies) and training expatriates (training courses of long duration) can claim only with one residence permit. The validity of the residence permit is two years renewable. The finance law into fixed the amount of delivery and renewal.

The foreigner who justifies of an uninterrupted residence of at least six years in Cameroun and conforms to the laws and payments, profits from the chart of resident for one ten years duration renewable. It has in addition been delivered automatically with the immigrant married for at least ten eight months with a person of nationality Cameronian and justifying of a regular residence in Cameroun under respect of certain conditions^77(*). Under the terms of articles 20 and 21 of the law of 1997, the members of the religious congregations duly recognized in Cameroun also profit from it. Under the terms of his article 26, the minor of less than 18 years is also authorized to have a chart of resident. The applicants must spend between sixty thousand and seven hundred and thousand francs CFA with the general Delegation with the national safety of Cameroun (DGSN) in order to obtain a chart of resident. However, articles 22 and following same text, specify that obtaining this chart is not an absolute right for the immigrants especially when they constitute a threat for the safety and the law and order of the State.

Article 27 lays out that the chart of refugee is delivered only with the people who profit from the right of asylum. Its duration is two years renewable.

The foreigner who satisfies these rules has already a legal guarantee to move freely inside the national borders.

B) Circulation inside the borders

It is article 28 of the same law which determines freedom to go and to come in the territory. It states to this end that « subject to the provisions and measurements necessary to the maintenance of safety and law and order, the movement from abroad on the own territory does not comprise any restriction, provided that the foreigners satisfied the conditions of entry and stay. However, in the event of change of locality inside the own territory, any foreigner admitted to remain or reside is held to announce it to the proper authorities at the time of his departure of the old locality, and, under about eight, on arrival with the new locality ».

It is thus recognized in Cameronian right freedom to move inside the territory. The only possible limitations envisaged by the law exist only for reasons related to the defense of the safety of L `State. This is why, the foreigner who does not respect the legislation on the stay, and worse still, which violated the texts relating to immigration, is punished penally, such as it arises from articles 40 and following of the law of 1997.

Moreover, the sanctions can sometimes lead to the obligation made to the clandestine and foreign immigrants irregular, in short with « without papers », to leave the territory definitively.

We can retain the two principal shapes of exit from abroad of the own territory. It acts initially, of the exits which we describe of normals or volunteers, in what they emanate from his wish ; it is the principle (A). In the second place, we note the case of the exits which we regard as being exceptional considering they are independent of the free will of the immigrant who is constrained from to go away for various reasons (B).

A) Normal exits

Article 29 of the law N°97/012 recommends to any titular immigrant of a residence permit or resident to take an exit visa when it leaves the own territory. That is also worth for the temporary visitor whose visa of entry is not valid any more.

The request of the exit visa must answer the one of the categories of following exits :

- Simple exit (the recipient of this visa is very foreign which leaves the own territory definitively.

- Exit outward journey and return (visa of which the period of validity is not higher than three months) for any foreigner admitted in stay or as reside, which makes the request of it.

- Left three months, with several exits and entries, for any foreigner admitted in stay or as reside, which makes of it the request and whose validity of the residence permit is higher than three months.

- Left six months, with several exits and entries, for any foreigner admitted in stay or as reside, having carried out at least three exits of the territory, during the year which precedes the request and whose validity of the residence permit is higher than six months.

- Left one year, with several exits and entries, for any foreigner admitted in stay or as reside, having carried out at least four exits of the territory, during the year which precedes the request and whose validity is higher than one year.

This law specifies in addition that the State guarantees in theory repatriation during the delivery of the visa of entry. Exceptionally, the foreigner concerned regularizes his situation in briefs times, in fact, three months under the terms of article 31 of the law of 1997.

When the foreigner is constrained from to go away, it is subjected to another mode.

B) Exceptional exits

They are actually the result of the sanctions which the administration takes against the clandestine foreigners. Indeed, they did not comply with the legal provisions relating to immigration and the stay. Such sanctions can also beings applied to any expatriate author of infringements. We distinguish in particular the exits because of repression, taken back at the border and expulsion.

Under article 32 (1), repression is the administrative measurement taken against any foreigner who presents himself at the entry of the own territory without to have observed the conditions required. It must leave immediately the territory like specifies it article 33 (1). Indeed, the official authorities require abroad to make half-turn. Repression applies only in the event of attempt at terrestrial or maritime illegal immigration.

As indicated by article 34, taken back at the border is also an administrative measurement. It obeys however the legal procedure envisaged in articles 35 to 38. Indeed, it aims at the foreigner entered clandestinely in Cameronian territory, whatever the way used (air, maritime or terrestrial) and there remaining irregularly. This measurement also applies to that which did not respect the production times the guarantee of repatriation. However, the administration must notify it to him so that it can be prevailed of the legal guarantees in the event of dispute (to profit from the exercise of the rights of defense inter alia) to ask, in particular, its cancellation in the 48 hours.

Expulsion is the administrative measurement taken against a foreigner whose presence is considered to be undesirable on the own territory either because the aforementioned presence puts in danger the law and order and the moralities, or because it is condemned definitively to a sorrow at least equal to one year of imprisonment without deferment or for a bound infringement, for example, with the legislation on the illicit trade of the narcotics. However, the law of 1997 specifies that the procedure of expulsion should be used only on a purely individual basis. So collective expulsions are prohibited.

Relative to the refugees, articles 31 and 33 of the above mentioned law conformed to the Convention of Geneva of 1951. Thus, it is interdict at the State to apply penal sanctions to the irregular refugees arriving directly of a territory where their life and freedom are threatened. That is justified by the fact that, generally, an individual being in this situation of insecurity can only enter the foreign territory irregularly to preserve. Moreover, it is interdict in Cameroun to expel, drive back or take back a refugee at the border of a State where its life or its freedom would be threatened.

The same results are observed when a foreigner, even regular, is the subject of international continuations leading to a request of « extradition »^78(*) accepted by the State. It is the law N°97/010 modifying and supplementing certain provisions of the law N°64/LF/13 of June 26 1964 which fixes from now on the mode of the extradition at Cameroun. It arises that its system extraditionnel falls under the logic of the protective international treaties of the humans right and especially from abroad because these rights must also prevail within the framework of the procedures of extradition. Also, compared to the specific case of the refugee, the State began to respect absolute prohibition to extradite it (even if he is an author of infringements) worms of the applicant countries where he would be exposed to torture. However, because of the international fight against impunity, any person author of crimes of common right^79(*) or international crimes^80(*) is likely to be extradited^81(*). In addition, the infringements known as political or founded on a political mobile^82(*) cannot constitute a reason for extradition but, if beyond the political nature of the infringement, the individual committed a crime of blood, the extradition is possible. The principle of the speciality of the extradition requires that extradited not be able to be continued or punished for an infringement other than that having justified it. It indeed implies a total adequacy between the fact, object of the extradition, and the fact for which it will be judged and will purge its sorrow. Moreover, the right Cameronian extraditionnel applies the aphorism « aut dedere, aut judicare »^83(*). In other words, the State has the option enters to give the foreign delinquent between the hands of the justice of the State requiring or then, to judge it in accordance with its laws and to apply the sorrow to him which it deserves.

No one can deny only at the time contemporary, all the national legislations devote principles which define the legal statute from abroad. On a purely illustrative basis, we will quote the French Republic which was always regarded as « motherland of the humans right ». It took an ordinance of November 02, 1945 enacted the shortly after the second world war in reaction against the acts of the Vichy government and still into force today. The text had been fixed for goal, like had affirmed it the General Charles OF GAULLE, « to introduce during next years, with method and intelligence, of good elements of immigration in the French community ». This ordinance regulates the legal conditions of entry, stay and exit from abroad in France. ^84(*)

Most important is to implement the rules and principles thus established. This level, it is quite easy to evaluate the bad faith of certain States who ratify with any wind the international texts of protection of the humans right but actually, make pretense apply them. As regards Cameroun in particular, we notice that, generally, the institutionalization in fact of the violations of the rights from abroad remains a phenomenon of topicality.

Second Part :

The INSTITUTIONALIZATION IN FACT OF the VIOLATIONS OF the RIGHTS FROM ABROAD

The expatriates very often make vis-a-vis multiple attacks set up in universal value in Cameroun. They constitute, indeed, a kind of « institution » with the direction where Emile DURKHEIM^85(*) hears it, i.e. « any manner of making having a certain stability, regularity, lasted ». Also, we speak about « the institutionalization in fact of the violations of the rights from abroad ». The second reason which justifies the heading of our analysis holds in what the violations do not exist ex nihilo^86(*) because they are generally the consequence of several phenomena. Consequently, the effectivity of the condition of the expatriate remains hypothetical in Cameroun (Chapter 1) because of many factors (Chapter 2).

CHAPTER 1 : DEMONSTRATIONS

The category from abroad the most protected by the texts of national law gathers especially the people who satisfied the conditions of entry and stay.^87(*) However, no one can deny only in each country, one very often finds foreigners who did not comply with these regulations. Not being therefore of « submen », they must of this fact of enjoying a minimum of rights. Moreover, profiting from a specific statute, the refugees and the stateless people are protected by particular Conventions.

For better determining hard realities than know these various categories from abroad, we divided them into two groups : on the one hand, traditional foreigners (Section 1) and on the other hand, foreigners with exceptional statute (Section 2).

SECTION 1 : TRADITIONAL FOREIGNERS

They are the expatriates described as regular, who, contrary to irregular, respected and continue to respect the standards in particular defining the entry and the stay on the territory. As much it seems easy to take stock of the state of the rights of the expatriates in regular situation (paragraph 1), as much it appears complex to perceive the violations that the clandestine immigrants in Cameroun undergo (paragraph 2).

Paragraph 1 - Problems from regular abroad

As we saw previously^88(*), Cameroun counts approximately a million and half from regular abroad. In order to make a practical analysis of the violations of which they are the object, we carried out an investigation by questionnaire^89(*) whose results make it possible to classify the attacks at the entry and the exit (A) like those during the stay (B).

A) Difficulties encountered at the entry and the exit

It is a question of studying the violations for which the State is responsible with respect to the foreigners, although the nationals also suffer from it ; we will also put forward the legal and factual consequences which result from it. For that, the apprehension of the major problems (1) and minors (2) whom meet these immigrants in Cameroun proves to be necessary.

1) Major attacks

Cameroun constantly violates the provisions of the law of 1997 fixing the conditions of freedom of movement of the people and does not respect the contents of bilateral conventions which exonerate certain nationals of the outside of the obligation to present visas of entry. Indeed, it arises from the card of examination that 52,63% from questioned abroad complain about the corruption^90(*) which prevails at the entry on the own territory, by ways terrestrial and maritime; in the same way, 56,45%, as regards the entry by air. In addition 62,50% the non-national ones complain about the ambient corruption during the exit by ways terrestrial and maritime and 66,66% at the exit by air. Moreover, 24,19% of immigrants complain about administrative slownesses of the authorities charged to sign and deliver the visas (which it is about the personnel of the diplomatic missions and consular of Cameroun abroad or of the airport authorities). They estimate that actually, these authorities expressly use of these slownesses for purposes to hold to ransom them.

The situation is such as the administrative authorities concerned require expatriates the illicit payment of additional financial services. In addition, the exempted foreigners of the presentation of the visa of entry are also constrained there with the risk to see themselves refusing the access to the territory. The agents of the frontier station located in the zone of Amchidé are quoted, on a purely illustrative basis, like famous authors of such exactions. In other countries however, such practices do not exist any more. For example, in stop of July 03, 1980 Regina C/S. Pieck, Business 157/79, the Court of Justice of European Communities (CJCE) has estimated that, when the State is member of a community which requires the exemption of visa, it must conform to it^91(*). One should not besides be astonished by the extent of the corruption, such as it rises from our card of examination. Indeed, in 1999, the classification of Cameroun to the index of perception of the corruption by Transparency International made of them the most corrupted country in the world^92(*) . Moreover, in the investigation of the world barometer of the corruption, carried out by this ONG^93(*), the surveys raised that according to the opinion of 14% Cameronian, the police force is the second most which corrupted structure of the State.

90% from abroad think that the State is the author of the exactions which are inflicted to them and 10% point finger the Cameronian company. With our opinion, the responsibility should be exclusively charged to the State. Indeed, article 5 of the draft prepared by the Commission of the International law (TDCI) lays out : « is regarded as a fact of the State according to the international law, the behavior of any body of the State having this statute according to the national law of this State, in so far as, in fact, it acted as this quality »^94(*). In the species, the administrative authorities intern which violate the rules governing immigration and the emigration, are agents of the executive power acting as quality of bodies of the State. Also, their acts are ascribable for him. In this case, Cameroun is responsible for the violation of the international law of the humans right applicable the abroads. Indeed, according to William SCHABAS^95(*), the right of the rights of the person aims at the same time the individual and the community ; its subjects are protected not only in their relationship with the thirds, but also in their relationship with the State. Always according to the author, they are the effects « vertical and horizontal » of the rights.

So the situation from regular entering and outgoing abroad is far from being enviable. It undergoes, of the remainder, other forms of less serious attacks.

They are the practices which carry obstacle to the legal personality of the man because they violate his honor and his dignity protected by articles 16 from the PIDCP and 5 of the African Charter of the humans right and of the people. Going in the same direction, the preamble to the Cameronian constitution of 1996 affirms that each one must be treated with humanity in any circumstance.

Realities are however contrary because it comes out from our investigations relating to the entry and the exit that, respectively, 19,35% and 33,33% from abroad complain about multiple annoyances in the international airports of Nsimalen and Douala. It is in fact about the arbitrary behavior of the airport police force as well as discourtoisie of the personnel of the airports. The investigations also reveal that this personnel does not ensure any assumption of responsibility of the immigrant passengers who are abandoned with themselves on arrival. These problems constitute a considerable attack with freedoms of the human person. The regular foreigner however observed the conditions of entry and exit in Cameroun ; but the State rather chooses to marginalize it.

B) Difficulties encountered during the stay

Certain texts of the national law open the way with various attacks inflicted only abroad regular (1). In addition, this last knows other forms of violations (which do not save the nationals). They are related to the practices of the politico-administrative authorities (2).

1) Violations because of the national law

They are discriminations relating to the access to justice (A) and employment (b) like those related to the exercise of the voting rights (c).

a) Discriminations in the access to justice

Article 3 of the African Charter of the humans right and of the people affirms the equality of all the men in right. In the same way, the preamble to the constitution of January 18, 1996 affirms that « the law ensures all the men the right to be made return justice ». However, the Praetorian right devoted the existence of a treatment differentiated between nationals and foreigners to Cameroun. The latter indeed have the obligation, if they are petitioning, to provide as a preliminary a guarantee called « payment of security for legal costs »^96(*) for the payment of the expenses and damage- interests which they could have to pour with the Cameronian defendants if their actions did not succeed in front of the courts and the courses. Such as it arises from the conclusions of the judge in the Ebobo Business and other C/James Onobiono (Business SITABAC), the national is not interested by this question. It is a violation of the principle of the equal access to the justice which is only the corollary of the equal rights^97(*) . Consequently, the fact that the judge, as a body of the State, requires the payment of such a guarantee, engages the responsibility for the State in accordance with article 5 of the project above mentioned TDCI.

We notice besides that this arbitrary attitude of the internal judges also prevails in other countries. On a purely illustrative basis, the practice shows that the Beninese judge also conforms to this illicit rule in particular as regards civil procedure. Cameroun and the Benign one having been colonized by France, we estimate that these States took as a starting point the the French right. Indeed, for a long time, the foreigners were to pour this guarantee in front of the French courts. However, the evolution of the right supported its suppression. The French Supreme court of appeal severely condemned this practice in a stop of March 16, 1999 by affirming that the payment of security for legal costs contravened the right of each one to reach to the judge^98(*), thing that the Cameronian State did not make yet.

In addition to the question of the right to justice, the foreigner is also underprivileged within the framework of the Employment Policy.

b) Discriminations in the Employment Policy

In any State, the candidate with employment must prove with the employer whom it has the educational level required. Thus, the Employment Policy takes account of the rights to the instruction and education preached by articles 26 of the DUDH and 13 of the PIDESC. It is under the terms of these provisions that, as regards the publicly-owned establishments in particular, the regular foreigners profit from teaching in Cameroun as well as the nationals. At the university of Yaounde II, for example, the university rights rise with fifty thousand francs CFA for all without any distinction. This effort of the State deserves all the same to be underlined bus in other countries like the Benign one, it exists still a very differentiated treatment. At the university of Abomey-Calavi in particular, the university rights rise with fifteen thousand francs CFA for the national and three hundred and thousand francs CFA for the regular foreigners^99(*). The width of this imbalance in the exercise of the right to education leaves perplexed because such an attitude gives the impression which this State excludes the foreigners from poor social class benefit of the higher education. However the Benign one is not unaware of the importance of this right in future social blooming of the interested parties.

With regard to Cameroun, once his finished studies, the foreigner is prone to grinds discriminations in the research of employment. The States are generally hostile at the entry from abroad in the public office^100(*). Also, let us be us questioned on the regulation of employment in the private sector like as regards the statute of the workers exerting in the sector public but governed by the Cameronian Code of work. The study of the case of migrant worker shows in particular that they do not find satisfaction as a whole because the State conforms neither to the universal legislation, nor with that Community.

Indeed, under the terms of the universal protection of migrant worker, the rules of ILO devote the equality of work between the nationals and the foreigners without any discrimination. However, Cameroun deviates some completely. Contrary to the nationals, the applicant for work foreigners must meet certain conditions fixed by the decree of 1990. As example, the national workers profit from a priority of employment because the foreigners can work only after visa of their contract by the Minister for Labor. Article 27 of the law n°92/007 of the 14/08/1992 bearing Fair labor standards act in Cameroun shows this provision of the decree besides. We can speak, rightly, of « camerounisation of employment ». 29% from questioned abroad complain besides about the violations of many rights of the second generation, like the right to work. They affirm not to have obtained an employment because they are foreigners, in spite of their qualification. They are xenophobe practices because contrary with the constitution of 1996 which however lays out in its preamble that « any man has the right to work ». In addition, a decree taken on November 22 1993 prohibits to them to work in the abstract sector^101(*). This decree is opposite with the preamble to the constitution of January 18 1996 which affirms that « any man has the duty to work ». However, that is not the case in other countries. In Switzerland for example, the immigrants on-are represented in the abstract sector compared to the nationals : 60 to 80% of the personnel of cleaning are expatriates. In France it is similar because, since they are in rule, we find especially the immigrants among the sweeping ones of streets and the waiters of restaurants^102(*).

Moreover, in the Community protection of migrant worker, the nationals of the Member States of the CEMAC benefit privileged of the right to work. However, it of it is nothing in the facts because the nationals of the five other Member States are not saved by discriminations raised previously. When they could obtain an employment, the immigrants of the under-area are generally not affiliated with the national Case of social welfare (CNPS). However, it is about a structure of the State in load of the social security^103(*) of all the workers who belong to the Fair labor standards act. We will quote the case of migrant worker of Chadian nationality who neither is registered with the CNPS, nor protected by any trade union^104(*), contrary to article 8 (1) (A) of the PIDESC.

If it seems very easy to defend the right of access from abroad to justice and employment, the debate is still surging as regards the exercise of the voting rights.

c) Discriminations in the exercise of the voting rights

The vote is generally heard as an act by which a citizen takes part, while deciding in a determined direction, with the choice of its representatives or the making of a decision. The principle of the non-discrimination, preached by the international standards of protection of the basic rights, makes it possible to confer the voting rights the abroads although the near total of the States, like Cameroun, are still refractory there. Indeed, article 2 (3) of the constitutional corpus specifies that all the old citizens of at least 20 years take part in the vote. Thus, only the people of Cameronian extraction^105(*) are concerned with the presidential, legislative and municipal elections. It is thus about a discrimination of swears between the nationals and the foreigners (who exists besides in many countries).

Indeed, in the name of the equality between the human beings, proclaimed within the normative authorities of UNO, the UA and the CEMAC and reaffirmed in the preamble to the constitution of 1996, the Cameronian State should guarantee the privilege of the vote abroad very as much as to the national bus more and more of country, indeed, adopt already this attitude. Thus, in the Swiss cantons, for example, (in particular « Neuchâtel » and « The Jura »), the foreigners established since a certain number of years can take part in various aspects of the communal political life and nobody (even not the Swiss citizen) would think of calling into question this practice^106(*). The foreigner also takes part in the local elections in Denmark, in Norway and in the Netherlands^107(*). In the same way, the practice shows that in some African States, like Burkina-Faso, the foreigners having remained for a certain length of time vote at the local level.

Paradoxically, whereas the internal texts prohibit the vote the abroads, it was noted that persons in charge for parties political, for egoistic interests, recognize semi-officially this right to certain foreigners, instead of granting it, officially, with all. For this reason, a glance on the immigration Nigerian^108(*) which is numerically and historically one of most important in Cameroun makes it possible to note than a category of Nigerians, gathered in associations equipped with a strong economic weight, takes part clandestinely in the vote with the profit of the parties which use them. In the event of victory of the latter, they profit, in return, certain advantages in the exercise of their activities on the territory. As example, we can quote the members of « Nigerian Union », of « NAPSDA » and of « Timber Association ». On the other hand, the foreigners of poor social class are excluded from the benefit of this right. It is the case of the Association of the Benineses of Douala, which is also one of the oldest communities as well as the Nigerian, but less influential, also it is not the subject of any particular covetousness on behalf of the local authorities. This thus constitutes a discrimination de facto between the foreigners of social classes rich person and poor.

Let us be all, Cameroun should conform to the principles of non-discrimination and equality, by officially granting the privilege of the voting rights to all the foreigners.

The regular immigrant knows other forms of attacks which do not rise any more of the internal standards, but rather, of the people charged to apply the law.

2) Attacks related to the behavior of the politico-administrative authorities

The results of investigation enable us to study the violations undergone by the foreigners according to whether they are recurring or specific.

The recurring violations consist of attacks very often repeated. We make a point of specifying that the nationals also suffer from it. They are torture and other treatments inhuman or degrading of the human person, however repressed by articles 5 from the DUDH, 7 of the PIDCP and 5 of the African Charter of the humans right and of the people. Indeed, 26% from questioned regular abroad complain about the violation of these intangible rights. On a purely illustrative basis, we will consider the case of the foreign prisoners bus everywhere in the world, the latter have particular difficulties because of the factors such as the difference of language and culture. Also the imprisonment in a foreign medium poses it additional problems. We observe an increased alienation and an insulation since the foreign prisoners have difficulties in maintain the contact with their family and the visits are very rare or non-existent^109(*). The prison authorities should not thus benefit from this situation to multiply abuses on the held expatriates because, like says it HEINKE J^110(*), « the protection of the humans right does not stop with the walls of the prison ». However, Amnesty International^111(*) reveals that the individuals, among whom many foreigners, prisoners and held in the stations of gendarmerie, the police stations and the prisons, undergo torture, the treatments inhuman and the degrading treatments. Indeed, it arises that the conditions of detention are characterized by a rate of raised overpopulation, an insufficiency and even an absence of health facilities and medical care. All that, added to the maltreatments that the prison authorities inflict to the prisoners, fits in the field of torture^112(*). This attitude of the prison authorities is ascribable in the State in accordance with article 5 of the project TDCI. ANZILOTTI D^113(*) said, moreover, that the illicit act from the point of view of the international law is not the positive action of the individuals, but rather the omission of the State to prohibit these ill treatments or to take measures necessary to prevent them.

As regards the specific violations, they consist of attacks which occur occasionally. The foreigners just like the nationals, suffer from the first case. 30% of the questioned expatriates complain, indeed, of violations of the other civil laws ; they are more precisely the abuses the police force which consists of arbitrary restrictions on internal freedom of movement. However, if the principle of freedom of going and of coming inside the own territory is matched limits, those must be envisaged by the law. In December 2003, the general Delegate with national safety recognized besides officially that « one could not evaluate the number of quasi systematic rackets from abroad »^114(*). Two years after these consents, the world report/ratio 2005 of Transparency International on the corruption gives forward the misdeeds of the Cameronian police force. For what of the second case, only the foreigners have such problems. 15% of them affirm that the national authorities, very conscious of discriminations whose they are the object, subject them to another form exploitation. Indeed, to the approach of the presidential elections, of many personalities resulting from the party to the capacity national charts of identity distribute fraudulently to non-national, for purposes to enlarge the number of militants. The majority of the victims of these political chicaneries are the Chadians^115(*). It thus acts, strictly speaking of the instrumentalisation from abroad by Cameroun. Moreover, Monday April 18, 2005, it « service of émi-immigration » of the general Delegation to national safety (DGSN) the increase in the cost of the chart of resident and stay announced suddenly. It passed from sixty thousand to six hundred and thousand^116(*) francs CFA. Questioned within the framework of our investigations, about many immigrants complained about the excessivity of its cost. They thus decided, to protest against the State, not to regularize their situation more.

Paragraph 2 - The situation from irregular abroad

Although they violated the conditions of entry and stay, the clandestine ones remain human be separate whole. Thus must they profit from a minimum of protection (A). However, they are exposed to the extreme rigor of the law as regards clandestine immigration which envisaged to expel them. Unfortunately, the procedures of expulsion prove very often problematic (B).

A) Clandestine immigrants

We specified previously that approximately a million and half from clandestine abroad live in Cameroun^117(*). It is important to note that they are the people of any age: adults (1) like children (2).

Once on the own territory, they are installed and undertake small activities « with the black » to survive. However, once unearthed by the police force, they are the subject of ill treatments^118(*). Indeed, while waiting to be taken back at the border, these clandestine is immediately locked up in cells of police stations or prisons. The prison authorities do not fail to maltreat them so that, their conditions of enfermement are very lamentable and worse than those from regular abroad. We wonder besides if this illicit behavior of the State with regard to the irregular foreigners is not inspired by the intrigues of the old metropolis bus as a whole, the facts décriés above also prevail in France^119(*).

Cameroun shelters a considerable number clandestine immigrant children for various reasons and of which it does not ensure any follow-up. The principal one being related to their « traffic »^121(*). Indeed, within the framework of the world days of the child and of fight against the child work (respectively on June 16 and on June 12, 2005), the International Labor Office for Africa Centrale organized a seminar in Yaounde, on the exploitation of the latter.

The Office put forward the situation particularly alarming at these clandestine, more precisely in Cameroun, where they have, for the majority, between 5 and 10 years and are approximately a thousand to undergo various forms of attacks to their basic rights. As example, these children are « employees » in careers and take part in the extraction of the stones. They work in cocoa plantations, of cane with sugar and others. The clandestine minors are used to the maximum and are not entitled to any care. Moreover, the girls are exposed to sexual abuse on behalf of their « employers ». The director of the Office affirmed that the Cameronian government did not do anything for éradiquer this plague^122(*). Thus, the State benefits from the vulnerability of the clandestine children who continue to undergo, to the daily newspaper, of the practices similar to slavery however repressed^123(*).

In spite of the reality of the difficulties which they encounter, the clandestine ones must be sanctioned by measurements of expulsion whose procedures are generally sources of polemic.

B) Procedures of expulsion124(*)

When the clandestine one is constrained to leave the Cameronian territory, the State makes him undergo illicit practices similar to the principle of « double sorrow » into force in France. This principle consists in condemning and imprisoning a foreigner for irregularity or any other made infringement ; generally, it is private of freedom without any inculpation. Before the end of its sorrow, the State expels it without same giving him the possibility of profiting from a legal adviser able to defend its rights. Very often, it is not allowed to him to turn over with its goods. On a purely illustrative basis, in 1988, eights to ten thousand Chadians having crossed the border illegally were expelled of Cameroun without their business^125(*). That constitutes illegal expulsions because the State deprived of their goods in violation of the international legal provisions and interns relating to the conditions of expulsion. Moreover, we realize that almost a decade afterwards, gives it hardly changed.

Indeed, in 1997, Cameroun had the firm intention to expel twelve people originating in Equatorial Guinea stopped in September and at least two Chadian nationals apprehended in November. According to Amnesty International, these clandestine was likely to be victims of serious violations of their basic rights in the event of expulsion towards their respective countries. Until the end of the year, they were still held without inculpation^126(*). Such expulsions are illegal for two fundamental reasons^127(*). Initially, it is a question of the collective expulsions proscribed by the international law like by the law of 1997 relating to the conditions of entry, stay and exit from abroad in Cameroun. In the second place, by expelling a foreigner towards a territory where his life is in danger, the State makes a true violation of the humans right.

In a similar situation (see the N°159 Communication/96 of the Union interafricaine of the humans right, international Federation of the leagues of the humans right, African Meeting of the humans right, national Organization of the humans right to Senegal and Association Malian of the humans right against Angola)^128(*), the African Commission of the humans right and of the people made certain recommendations. It did not certainly intend to call into question the right available to any State to bring a judicial action counters irregular immigrants and to renew them in their countries of origin if the courts of jurisdiction decide some thus. It finds however inadmissible the fact of off-setting individuals collectively. As it recognized as such expulsions are illegal because they violate the rule of prohibition of collective expulsions from abroad. In addition, in Communication 71/92 (meets African for the defense of the humans right C/Zambia), the Commission specified that « collective expulsion constituted a special threat against the humans right "^129(*).

Much more, we make a point of specifying that the States, most of the time, fallaciously use the extradition^130(*) to legitimate the illegal expulsion from abroad whom they consider undesirable. On a purely illustrative basis, the French courts condemned them « disguised extraditions » of the Basque nationals towards Spain. Indeed, in the Business Teodoro Meabe Derteano, the government Commissioner proposed to cancel the decision of the French Minister for the Interior, to expel the applicant towards Spain with the reason which this decision violated article 27 (2) ordinance of November 02, 1945^131(*) bus the applicant was expelled towards a country where it risked for his physical integrity and where its freedom was threatened^132(*).

The traditional foreigners, namely the regular ones and the clandestine ones, thus remain beings which marginalized on the whole of the own territory. However, the situation from other abroad with exceptional statute is more complex.

SECTION 2 - FOREIGNERS A EXCEPTIONAL STATUTE

As considering previously, they are the most vulnerable people that the international law wanted to protect by specific conventions, with knowing, the Convention of Geneva of 1951 and that of the OAU of 1969 who protect the refugee owing to the fact that « he is private in fact or in right of the support of his government »^133(*) as well as the Convention on the statute of the stateless people^134(*). Unfortunately, these Conventions are perpetually violated in Cameroun because the refugee encounters precise difficulties (Paragraph 1) and the stateless person is exposed to a treatment even more inhuman (paragraph 2).

The protection of the refugees falls initially on the government of the host country which must conform to the provisions of relating to it Conventions. But several examples show that it of it is nothing in Cameroun (A). In the second place, the HCR, while taking care that the State respects its engagements, must make it possible to the refugees to begin a new life^135(*). The practice reveals that that is extremely ambiguous (B).

A) Government bonds

The Convention of Geneva of 1951 leaves freedom to each State to establish the procedures of recognition of the quality of refugee. As considering previously, in 2004, Cameroun granted the statute of refugee to sixty thousand people and six thousand applicants of asylum are on standby^136(*). We note, moreover, an increase in this number. Indeed, At December 31, 1999, 49.940 refugees and 740 applicants of asylum resided on the own territory^137(*). With the reading of article 2 (6) of the Convention of the above mentioned OAU of 1969, one can note that the safety of the refugees falls on the governments hosts because it is on their territory that they live^138(*).

However it appears that this Convention is not scrupulously applied by Cameroun. Indeed, twelve refugees of Guinea Equatoriale stopped in September 1997 are remained all the year in detention in spite of the efforts of the HCR to reinstall them in a third country. In April, Amnesty International again requested the authorities not to repatriate of force the nationals emprisonnéscar^139(*) the international law qualifies these practices of illicit repatriations.

In addition, the refugees have more and more problems^140(*) among which we can quote confusion on the crucial questions of their naturalization and a right of access to the land title. They are also the difficulties of access to education, health, employment like with all the other basic rights. We make a point of specifying that according to a survey carried out in January 2000, 48% of the urban refugees residing in Yaounde declared being victims of stigmatization and discrimination on behalf of the populations and the looking after personnel of the medical establishments because of their foreign origin and their state of seropositivity. They were also victims of forced repatriations and enrôlement « manu militari ». These immigrants complained, moreover, of the Chadian child work taken refuge in the plantations in the North of the country. They affirmed being victims of the arbitrary arrests and would undergo blows, wounds and other forms of tortures in the prisons. In addition, this investigation reveals that the prison authorities did not provide any reason for these arrests. It prevented the refugees held and imprisoned to communicate with outside like resorting to the services of a lawyer, an interpreter and a doctor. Moreover, they had difficulties in carrying felt sorry for against the police officers because, it always followed of the reprisals and illegal expulsions.

The State tends to legitimate illegal expulsions of the refugees, as well as the other forms of violations of their basic rights, whereas the African Commission of the humans right and of the people prohibited in Communications 27/89, 46/91 and 99/93 (world Organization against the torture and the International association of the democratic lawyers, international Commission of lawyers (CIJ), world Organization against torture (OMCT) and Union interafricaine of the humans right against Rwanda)^141(*). Considering the diversity of these violations, how one would not speak about « setting as a fourrière » of the rights of the refugee in Cameroun? Indeed, this one fled persecution in its country and is still confronted with persecution in the territory of asylum.

Nevertheless, it is important to raise two positive actions, posed by the State. Initially, we will not fail to point out a success of the right Cameronian extraditionnel. It is about the refusal of the State to extradite eight political refugees in Rwanda the shortly after the genocide of April 1994. Indeed, the Court of Appeal of the Center estimated that the refugees were likely to be subjected to torture^142(*). In the second place, we note a certain virtual evolution of the national law relating to protection from these abroad bus as of July 2005, the French National Assembly started to study a bill carrying statute of the refugee in Cameroun^143(*). It specifies that the refugees remaining on the territory will be able from now on to assert « all basic rights and provisions envisaged with the chapters II, III, IV and V of Conventions of Geneva of 1951 and the OAU of 1969 relating to the refugees, within the limit of the rights granted to the nationals ». It is the demonstration of a real official awakening by the government vis-a-vis the problems encountered by the refugees.

Nevertheless, they still live under the weight of many evils. We notice, moreover, that this phenomenon also exists in the majority of the countries of Africa. As example, the situation of the refugees in Burkina-Faso^144(*) also leaves something to be desired since the closing of the office of the HCR in 2001.

This with thus saying is that the problem of the refugees is not reduced to the level of the State ? In other words, isn't the HCR also responsible for certain attacks to their rights?

B) Obligations of the HCR

Under the terms of its statute, the HCR must take care of the application of the International Conventions relating to the protection of the refugees. We make a point of specifying as a preliminary that the national representation of the HCR is Office of the High Commission of the United Nations for the refugees of Africa Centrale in Cameroun. Among the 60.000 refugees who belong to his mandate, approximately 17.000 are Fulanis of Nigeria accommodated since the year 2001^145(*). Moreover, we count about 39.642 Chadians who are especially in the towns of Garoua, Yaounde and Douala^146(*). We note, moreover, a certain regression of this number because, at December 31, 1999, the HCR counted 44.600 Chadian refugees^147(*). Considering the particular case of these two national groups, we wonder about the quality of the service rendered by the representation of the HCR in Cameroun. Indeed, April 15, 2005, the refugees whose Nigerians in particular, besieged the HCR in Yaounde. They claimed better living conditions^148(*) and wanted to thus draw the attention of the national and international public opinion. Despaired in front of the incapacity of the national authorities to solve their problems indeed, they revolted against the international structure especially elected to deal with them.

The HCR must, indeed, ensure the elementary needs for the refugees in order to contribute to their blooming ; they have a pressing need for real assistance while waiting to be able to be caught personally charges some because they cannot, obviously, being eternally assisted^149(*). Also we wonder about the role of the HCR in front of the repeated violations their rights. That this institution for éradiquer makes the exploitation of the taken refuge children exploited in the plantations in the North of the country ? This revêt question an interest certain bus the HCR is not unaware of that the Convention on the rights of the child is important for the children taken refuge because of the almost universal ratification of the treaty^150(*). It is regarded besides as a powerful instrument of defense of the rights of the taken refuge children^151(*). Moreover, the whole of the personnel of the HCR is encouraged to use it bus in all the aspects, Convention requires the respect of the higher of child and^152(*) prohibited interest, in the case of species, its exploitation.

The vastness of the evils that do not cease meeting the refugees in Cameroun, gives the impression which the HCR is not worried. Moreover certain refugees divide the same opinion. On a purely illustrative basis, ten graduate Chadian refugees, for the majority and, however, under mandate of the HCR, live in a hamlet lost in the middle of the Cameronian forest towards the road of Mbalmayo. They affirm being « conscious of misery in which they live and decided to take in hand their destiny »^153(*).

Thus, it is not only the State of asylum which is in question. The HCR also carries a share of responsibility in what we can describe as « violations of the rights of the refugee » in Cameroun. However, in spite of the evils which it meets, the refugee is less to feel sorry for that the stateless person.

Paragraph 2 - The uncertainty of the statute of the stateless person

, Approximately 40 million children are every year not recorded with their birth. They are private of nationality and juridically recognized ascent^154(*). How they can « to be integrated juridically » in a State which does not recognize its nationality to them ? This phenomenon of apatridie is quite real in Cameroun where we count, indeed, of the thousands of individuals living on the territory and deprived of its nationality. We will quote the example of approximately ten thousand children^155(*). Unfortunately, those do not profit from any follow-up of the State because, beyond the problems involved in their integration (A), is posed that of the extent of discriminations (B).

A) The question of integration

Article 32 of the Convention on the statute of the stateless people encourages the States to facilitate, as far as possible, the assimilation and the naturalization of the interested parties. However the question remains unanswered to Cameroun where no suitable legislation exists. The ten thousand above mentioned children have been born, for the majority, parents of Chadian extraction established with the country for several years. These children neither are recorded with the marital status of Chad, nor with that of Cameroun. They do not have thus any Cameronian chance to be naturalized whereas they were born and resident in this country. Moreover, the State does not express any interest to put a term at the apatridie. As example, he hardly worries about the problem of the inexistence of the birth notifications in many villages located in the anglophone part of the country. However, such an attitude supports the apatridie^156(*).

This exclusion of the stateless people of the right to a nationality does not meet at all the standards of the international law into force because the State should grant its nationality to them. Deprived of nationality, these expatriates suffer from « legal brittleness » and can be regarded as « civilly dead ». The indifference of the Cameronian authorities is not explained because article 15 of the DUDH (legal instrument integrated in the constitutional preamble) lays out why « any individual to a nationality be is entitled ». Moreover, it is known that to grant a citizenship the stateless person one of largest constitutes « rights » that the government can grant^157(*). It is under the terms of this right that the individual « exist civilly " within the State and can truly affirm itself in other countries. Also, by posting such a satisfying vis-a-vis the situation of the stateless people, Cameroun strongly contributes to increase the rates of apatridie in the world. This act serves the international law absolutely.

In other countries confronted with the same reality, the legislator knew éradiquer this plague. In Democratic Republic of Congo, for example, the problem of the Banyamulenge stateless people arose a long time. The constitution of transition from April 05 2003 put an end there in its article 14 which lays out : « all the ethnic groups and nationalities of which people and the territory constituted what became Congo (at present the Democratic Republic of Congo) with independence, must profit from the protection and equal rights under the law as citizens ». Since this date, all Banyamulenge acquired Congolese nationality. And the project of constitution of its IIIe République worked out in May 2005 falls under same logic.

Beyond the problems involved in their integration, discriminations which live the stateless people are very important.

B) Extent of discriminations

The statute of the stateless person is governed by article 12 of the Convention of September 28, 1954 relating to the apatridie, which subjects it to the law country of its residence or in the absence of residence, with the law of the country of its residence^158(*). It is on this basis that the States must improve this statute^159(*) while allowing the stateless person to profit from the basic rights.

But that is not the case in Cameroun. On a purely illustrative basis, article 22 of above mentioned Convention recommends to the States to grant to the stateless people primary education teaching. Moreover, article 13 of the PIDESC lays out that «primary education teaching must be obligatory and accessible free to all ». In the same way, the preamble to the Cameronian constitution of 1996 affirms that « the State ensures the child the right to the instruction, primary education teaching is obligatory ». These various texts require a minimum of obligation on behalf of the State, namely : to ensure without any discrimination the basic instruction, elementary education with all the children. By deduction, the children stateless people are also interested. However, the practice shows that the ten thousand children stateless people living on the territory do not have any possibility of access to the instruction^160(*). In short, the State nothing made forever to carry out this right in their favor.

Consequently, we can affirm that the stateless person in Cameroun east truly « a vessel on the open sea^161(*) sailing without any house^162(*) ».

In order to better apprehend the evils which undermine the various categories from abroad who live on the own territory, it is important to seek the causes of them.

CHAPTER II : CAUSES

We tried to show in the preceding developments that according to the legal category to which they belong (regular, irregular, refugees and stateless people) the foreigners have specific problems. It is important to know that the evils of which they suffer are, actually, related to the uncertainty of the Community legislation (Section 1) and of the State of right (Section 2).

SECTION 1 - THE WEAKNESS OF THE COMMUNITY LEGISLATION

The guarantee of the personal freedoms can prove to be difficult since standards (Paragraph 1) and the institutions (Paragraph 2) relating to it which rises from the Community legislation present gaps.

Paragraph 1 - The laconism of the texts

The insufficiency of the rules which define the condition from abroad in the levels regional (A) and sous-régional (B) constitutes a source of the violations observed in Cameroun.

A) Regional standards

The contents of the texts founders of the regional right (1) as that of the instruments which fix of them measurements of application (2) present gaps prejudicial at the statute of the non-national ones.

1) Standards creating the UA

Such as it arises from the preamble to its Deed of partnership, the UA takes as a starting point the the principles and objective statements in the Charter by the late OAU like in the treaty establishing the African Economic Community (ECA). For this reason, we can quote freedom of movement of the nationals of the States left and their right of establishment in the regional territory. Unfortunately, the Deed of partnership did not devote this fundamental principle explicitly. Also, we have the impression that the Heads of States much more thought of the development of a right specifically treating economic questions and resolution of the conflicts in Africa, rather than with the problems that their respective nationals in another Member State can meet. It is thus not astonishing that the foreigners originating in the area in fact, encounter difficulties in Cameroun.

These normative failures are also observable in the rules which determine the policies of implementation of the missions of the UA.

2) Standards fixing the conditions of achievement of the objectives of the UA

Article 3 (8) of the Deed of partnership specifies that the UA has inter alia missions, the promotion and the protection of the humans right, which include the rights from abroad as guaranteed by the African Charter of the humans right and of the people.

It is important to stress that this instrument presents two major defects. In first it does not proclaim the right of any human person to the private life ; also we wonder why the foreigner is not entitled it to a life deprived in Africa ? As a second, the text in question, did not envisage intangible rights ; how to interpret this silence ? With our opinion, if this last question had been suddenly put before the African Commission of the humans right and of the people, three interpretations would be possible. First of all, there is no intangible right at the regional level ; however, such a conclusion appears a little too hasty because it can legitimate infringements of the basic rights of the non-national ones. Then, all the rights are intangible ; although this opinion benefits the immigrants much, it is, nevertheless, unrealistic person. Lastly, the Commission will refer to the PIDCP ; indeed, since the regional texts are supposed to conform to the universal standards, it will apply its article 4 (2) which sanctions the intangible rights. However, this last interpretation also has a fundamental limit because certain African States did not ratify the PIDCP. This being, we wonder about the attitude of the Commission vis-a-vis the following situation : how will react T indeed it within the emanating framework of a complaint from abroad in connection with the violation of an intangible right by a State not part to the Pact ?

In the final analysis, we note that it is rather complex to interpret the silence of the African Charter. For this reason, with as many gaps in the drafting of a regional text relating to freedoms of the human person and more especially from abroad, we can only question us, like made the many doctrinary ones, on the real intention of its writers : « Heads of State (...) they did not write this Charter to go against the humans right ? The African Charter serves the humans right yes or not ? »^163(*). Consequently, this legal instrument does not profit truly the abroads amenable to the UA and even less to the thirds which reside at Cameroun.

B) Sous-régionales standards

Contrary to the treaty instituting the late UDEAC which envisaged, explicitly, in its part V, the principle of freedom of movement of the people and the right of establishment of the nationals of the Member States, the treaty creating the CEMAC devotes it in a very evasive way. Moreover, at present, no protocol was signed for purposes to plan the question by fixing measurements of application of freedom of movement of the people between the Member States. However, these measurements are clearly defined in the treaty of 10 January 1994 creating the African Western Union Economic and Monetary (UEMOA)^164(*). Applicable to Benign, Burkina-Faso, the Ivory Coast, to Mali, to Niger, to Senegal, to Togo and Guinea Bissau^165(*), it aims inter alia objectives the Community integration of the States left. It should be specified that this treaty pursues the goals of the Economic Community of the States of West Africa (CEDEAO) created on May 28, 1975 in Lagos, in Nigeria ; it constitutes a vaster geographical field and joins together, indeed, 15 country^166(*) with knowing, in addition to the eight Member States of the UEMOA, the Cap Verde^167(*), Gambia, Ghana, Guinea (Conakry), Liberia, Nigeria and Sierra Leone. This sous-régionale institution has inter alia missions explicitly defined the removal of the obstacles in freedom of movement of the people between the Member States.

Just like the texts of the UA, the inaccuracies of treaty CEMAC can only give results very mitigated as regards protection of the expatriates in each State signatories and in fact in Cameroun. Very often, these gaps have a negative impact on the work of the regional and sous-régionales institutions in charge of the guarantee of their statute.

Paragraph 2 - Institutional dysfunctions

The various Community treaties to which Cameroun left have creates structures for purposes to contribute to the achievement of the aims in view by the States signatories. However, it arises that the insufficiencies of the political (A) and legal institutions (B) setting-up for the defense of the basic rights, have negative effects on the condition from abroad in Cameroun.

A) Political institutions

We will study on a purely illustrative basis the cases of the Conference of the Union (1), of the Conference of the Heads of State of the CEMAC (2) and the African Commission of the humans right and of the people (3).

1) The Conference of the Union

This institution is created by article 5 of the Deed of partnership of the UA. Under the terms of article 6, it is the supreme body of the UA, in charge of the achievement of its objectives and gathers the whole of the Heads of State members or their duly authorized representatives.

We observe unfortunately that the conflicts of leadership very often animate the Conference of the Union and involve most of the time disagreements between the Member States of the UA. This climate in general supports the failure of the protection from abroad and the regional integration of the nationals of the Member States in particular. So the continent is famous for the illegal expulsions repeated of the clandestine ones. Indeed, the phenomenon became extensive in the whole of the area and not only in Cameroun because, the collective evictions from irregular abroad being recurring, we note more and more that « Africa rejects its own immigrants »^168(*). Moreover, the incapacity of the Conference of the Union to solve certain tensions between the Member States, takes part largely in the violation of the basic rights of the immigrants. On a purely illustrative basis, from 1994 to our days, the frontier fixings on the peninsula of Bakassi make very precarious the situation of the Cameronians migrant and residents to Nigeria as well as Nigerians to Cameroun, in spite of the agreement signed between the two States into 1963 for purposes to protect these people^169(*). Since the protection of the expatriates constitutes a lure within the UA, it will be not easily effective in Cameroun.

These incomprehension generally have effects on the operation of the sous-régionales political structures. That also constitutes a true obstacle with the guarantee of freedoms of the immigrant.

2) The Conference of the Heads of States of the CEMAC

Article 2 of the treaty instituting the CEMAC creates the Conference of the Heads of State, supreme body whose mission consists in determining the objectives of the community. In fact, this institution must support the sous-régionale integration of the people. In other words, it has the obligation to take care of the protection of the basic rights of the Community nationals, in particular, when they are found in a State left of which they are not the nationals.

We note however that, until now, the Conference did not carry out this objective because of the many disagreements between its members. On a purely illustrative basis, we will quote the persistence of the tensions between Guinea Equatoriale and Cameroun since 2004 ; Cameroun was shown to want to destabilize Guinea ; thereafter, in March of the same year, Guinea expelled more than 1500 clandestine originating in Cameroun^170(*). Such an attitude is however contrary with the principle of the prohibition of collective expulsions from abroad. We notice besides that the sad situation from abroad hardly improved in the sous-régional territory. Indeed, at the time of the diplomatic Forum of the Institute of the International relations of Cameroun (IRIC) held in January 2005 in Yaounde^171(*), the negative assessment of the results of the CEMAC was drawn up. The bitter report of the governor of the Bank of the States of Africa Centrale (BEAC) reveals that « central Africa has badly with its integration ; the movement of the people within space CEMAC always has unsuspected problems. The nullity of certain lawful texts with Community gasoline, before their effective application, complicates the construction of sous-régionale integration more. It is thus supposed passport CEMAC to facilitate the movement of the people within the community ; passport CEMAC is today to redefine or reconsider (...) ; in addition to all that, it is necessary to see the brittleness of the community because of the interetatic quarrels of leadership (...) ».

Such as the governor of the BEAC shows it, incomprehension between the Heads of State delay the effective existence of the Community passport ; this situation largely limits the implementation of the agreements^172(*) which they signed. Moreover, it is a genuine tool having to facilitate sous-régionaux displacements insofar as certain countries like Gabon and Guinea Equatoriale still imposes visas of entry to the nationals of the other Member States. All this puts forward the failure of the integration and the guarantee of the personal freedoms of the Community nationals. Consequently, it is thus not astonishing that Cameroun does not imply itself fully in the protection of the non-national ones, in fact, those which are originating in the other Member States of the CEMAC.

The weaknesses of the African Commission of the humans right and of the people can also be likely to limit considerably the protection of the immigrant in Africa.

3) African Commission of the humans right and of the people

Under article 30 of the African Charter, it east creates at the OAU a African Commission of the humans right and people, in charge of protection and promotion with the personal freedoms on the regional territory^173(*). However, this institution does not cease showing many faults which prevent it from carrying out this general mission effectively. That is valid for the particular case of the legal statute from abroad.

Initially, we note the excess of politization of its procedure which depends largely on the Conference of the Union. Indeed, the right of direct sasine of the Commission is largely open for him under the terms of article 49 of the African Charter of the humans right and of the people. On the other hand, its fixed article 56 of multiple conditions of admissibility of the individual communications^174(*) which make sasine very complex and that constitute a true obstacle for the foreigners in particular. As we have the conviction as the procedure before the African Commission makes a point of sparing the States. This level, we make a point of recalling that the tares of the African Commission are similar to those of the Inter-American Commission of the humans right^175(*).

In the second place, the procedure appears limited because being able it nonconstraining of the Commission. Indeed, articles 52 and 53 of the above mentioned Charter specify that it returns its conclusions in the form of reports/ratios addressed to the States. These reports/ratios are communicated thereafter to the Conference of the Union with which it can make recommendations, which do not have any coercive value besides on the states. It is thus about a faculty whose Commission uses discretionarily. Moreover, its article 59 comes to confirm these limits. Indeed, it lays out in first that all the measurements taken by the Commission will remain confidential until the moment when this Conference will decide some differently. As a second, it adds that the reports are published by the president of the Commission on decision of the Conference of the Union which examines it as a preliminary in accordance with the third subparagraph. Thus, this article makes it possible the States to despize investigations of the Commission and to pass in addition to its recommendations. That proves enough that it does not have a capacity of injunction.

The States just like the individuals and more particularly the foreigners, are informed of these limits. This is why the first violate the basic rights of the seconds. It is what also explains why the foreigners grant very little interest to the Commission. Indeed, a thorough reading of the extract of its management reports of 1994 to 2001 fact of noting that on 150 communications, the Commission was only seized by three complaints relating to the violation of freedoms of the immigrants^176(*). However, the preceding analyzes show that they undergo a number of attacks.

The not very enviable statute of the expatriate in Cameroun east thus so related to the many weaknesses of the African Commission. In addition, the difficulties of sasine of the Community judge constitute another factor of it.

B) Legal institutions

On a purely illustrative basis, we will study the case of the regional jurisdiction which is the African Court of the humans right and of the people^177(*) created by the Member States of the OAU, following the adoption of the Protocol of June 09, 1998, in Ouagadougou, in Burkina-Faso. Under the terms of article 2 of this text, it is charged to know of all the businesses and all the disagreements of which it is seized concerning the interpretation and the application of the African Charter, the Protocol and any other relevant instrument relating to the humans right.

However, the Court shows two more fundamental limits which have truly a negative impact on the condition from abroad. Initially, although it already came into effect since January 1, 2004^178(*), this institution does not exist yet indeed. The guarantee of the rights from abroad thus remains very fragile on the whole of the continent because it is still not installed. In the second place, when well even the Court would be effective, its sasine is especially favorable to the States, just like in the case of the African Commission. Indeed, article 5 (3) of the Protocol lays down very complex possibilities of introduction of the individual communications. It specifies that « the Court can allow the individuals (...) to bring actions directly in front of it under the terms of article 34 (6) of this protocol ». Article 34 (6) in question indicates that « constantly starting from the ratification of this protocol, the State must make a statement accepting the competence of the Court to receive the requests given in article 5 (3) of this protocol. The Court does not receive any request pursuant to article 5 (3) interesting a State left which did not make such a statement ». Thus, article 5 (3) grants as a preliminary an option to the Court which decides some supremely. If it chooses for example to reject the communications of the immigrant, the violations which he sudden go perdurer. If it rather prefers to accept them, this last is confronted with another obstacle. Indeed, since the State blamed made the declaration envisaged by article 34 (6), it is free of be party to legal proceedings ; in the contrary case, its communication is inadmissible and the violations will continue to prevail. As, once installed, the African Court will protect better the States as the individuals as a whole from the area. It is already a limit with the effectivity of the rights of the expatriates to Cameroun.

Beyond the weakness of the Community legislation, the weaknesses, even the inexistence of the State of right also harm the rights from abroad.

SECTION II INEXISTENCE OF the STATE OF RIGHT

Traditionally, the State of right is defined like a legal system in which the public authorities as well as the private individuals, are subject indeed to the legal provision. It supposes, moreover, the true existence of the humans right bus « there cannot be humans right without State of right »^179(*). Our task will thus consist in showing that the foreigners undergo attacks in Cameroun because the State does not cease violating the right (paragraph 1). Moreover, the guarantee of their fundamental freedoms is not assured because, generally, the protection of fundamental freedoms of the human person proves already ineffective on the whole of the own territory (paragraph 2).

Paragraph 1 : The not-tender of the State to the international law

The right to which the State must be subjected must answer certain parameters to fall under the logic of the State of right, which implies for example the existence of a legal scheduling interns in accordance with « principle of the hierarchy of the legal standards » (Hans KELSEN). This principle requires that the lower standards be subject to the higher rules ; in addition, none of them must go against the international law.

This recall proves to be necessary because Cameroun very often deviates from this rule. Indeed, such as we showed it in the preceding analyzes, certain provisions of the national law are distinguished from the international law. On a purely illustrative basis, contrary to article 14 (1) PIDCP which recognizes the equal access of all to justice, the regular immigrants has the obligation to pay a guarantee in front of the courts and run when they are petitioning. In addition, contrary to article 6 of the PIDESC which proclaims the equal access to work, the decree of 1990 relating to the statute from abroad as well as article 27 of the law N°92/007 of the 14/08/1992 bearing Fair labor standards act subject their applications to the visa of the Minister for Labor and the decree of 1993 prohibits to them to exert a trade in the sector of the abstract one. Such provisions however do not fit in the logic of article 2 (2) of the PIDCP which only lays out « the States left with the present Pact begin to take, in agreement with their procedures constitutional and the provisions of this Pact, arrangements having to allow the adoption of such measurements of a legislative or different nature, suitable to give effect to the recognized rights which would not be already in force ». These examples are the proof of the setting to the variation, by Cameroun, of the treaties relating to the legal statute of the immigrant. However, the rule pacta sunt servanda devotes the principle of the Good faith of the States in the execution of the international treaties ; indeed, since the State signed a pact, it is obliged to respect it. Also, such an attitude puts the State of right in danger. Indeed, as long as these deformations of the international law will not disappear from legal scheduling interns, the foreigner will continue to undergo discriminations in Cameroun.

The situation of the humans right also explains the difficulties that this last meets on the whole of the own territory.

Paragraph 2 - Ineffectivity of the protection of the humans right

The guarantee of the humans right in international law is generally based on the implementation of the means envisaged by the constitution. The weakness of the mechanisms of protection (A) and the many infringements of the humans right (B) make it possible to note the inefficiency of these means in Cameroun.

A) The utopian range of the mechanisms of protection

It should be said that actually, the fundamental law of Cameroun grants only very with difficulty rights to the man in general and abroad in particular. It acts in fact of a proclamation primarily préambulaire and exaggeratedly evasive, so that it is rather necessary to refer to universal instruments ratified by the State to define these rights. In short, as we raised for the case of the Community rules, the constitutional standards as regards protection of the basic rights suffer from an excess of laconism. Moreover, Maurice KAMTO describes the preliminary draft of the constitution, which unfortunately was adopted and promulgated the 18/01/1996, as being « a particularly bâclée and badly written outline (with) of many imperfections of style or relating to the editorial techniques of the legal texts »^180(*). Lightness blâmable of this text as regards definition of the rights has harmful repercussions besides in practice.

Indeed, the national judge is the principal guard of the individual rights. Unfortunately, of many obstacles prevent it from carrying out its mission with effectiveness. On a purely illustrative basis, no irremovability protects it constantly bus it can be destined for other functions or affected in another jurisdiction^181(*) but the principle of irremovability guarantees the independence of the magistrature because it protects the magistrates from the seat^182(*) against any arbitrary measurement of suspension, retrogradation, displacement, even in advance and revocation. Moreover, we deplore the vulgarizing of the statute of the judge bus in Cameroun, the distinction between magistrate of the seat and magistrate of the parquet floor has only one value symbolic system. Indeed, not only the magistrate passes from a group to the other by discrétionnaire decision of the Head of the State, but in more the control which is exerted on him leads to this last; the assignments or the changes of a magistrate of a jurisdiction with another raise, indeed, of the discrétionnaire competence of the Head of the State. This situation concretizes the setting of the magistrate at the disposal of the executive^183(*). Moreover, the corruption par excellence remains the obstacle with the effectivity of the role of the Cameronian judge. Indeed, it exists in several bodies of the company and the magistrature is not in remainder. The majority of the magistrates prefer monnayer the lawsuits ; for this reason, according to whether the justiciable one is rich or poor, it will lose or gain its lawsuit^184(*). Moreover, the investigations carried out by Transparency International into 2003 revealed that according to the opinion of 31% of the questioned people, justice is the first most which corrupted structure of the State. ^185(*)

The mechanisms of protection of the humans right of this fact are stripped of any interest. That thus constitutes the base of the violations observed in Cameroun. Also, since the same Cameronians them do not profit indeed from their fundamental freedoms, the foreigners can reasonably have a better fate ?

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 » ?

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 :

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.

BIBLIOGRAPHY

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23) RUZIE (David), public International law, 16th edition, Paris, Dalloz, 2002, 319 p.

24) S.A., humans right to the threshold of the 3rd millenium-Mixtures in homage to Pierre Lambert, Brussels, bruylant, 2000, 1072 p.

25) SALMON (Jean) (Dir.), Dictionary of public International law, Brussels, Bruylant, 2001, 1198 p.

26) SCHABAS (W.A.), Precis of the international law of the rights of the person, Quebec, Yvon Blais Inc, 1997, 425 p.

27) SOCKENG (Roger), legal institutions in Cameroun, Douala, Saint-François Group, 1998, 242 p.

28) VINCENSINI (J.J.), the book of the humans right, Paris, Edition Robert Laffont, 1985.

II - WORKS SPECIALIZE

30) PARED (Patrick), Freedom of movement of the people and European citizenship : stakes and perpectives, Brussels, Bruylant, 1998, 560 p.

31) Office of the High Commission of the United Nations for the refugees, the children directing refugee-Principles concerning protection and the assistance, Geneva, HCR, 1994, 199 p.

32) Office of the High Commission of the United Nations for the refugees, the refugees in the world : fifty years of humane action, Paris, Otherwise, 2000, 337 p.

33) Publications of the international institute of the humans right, Institute Rene Cassin of Strasbourg, the convention on the statute of the refugees 50 years afterwards : assessment and perpectives, Brussels, Bruylant, 2001, 456 p.

35) VANDENDRIESSCHE (Xavier), right from abroad, 2nd edition, Paris, Dalloz, 2001, 179 p.

36) WINDISCH (Uli), Immigration : which integration ? Which political rights ? Lausanne, the Age of man, 2000, 81 p.

III) ARTICLES OF DOCTRINES

37) Al (Denis), « The international device of the right of the general asylum-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.

38) ANDERSON (R.), « The maintenance of law and order and the crossing of frontiers », IN : ERGEC (R.), SPREUTEL (J.), DUPONT (L.), and ANDERSON (R.), Maintenance of law and order and human right, Brussels, Bruylant, 1987, pp. 259-294.

39) ANZILOTTI (D.), « The international responsibility for the States because of the damage suffered by the foreigners », IN : General review of public international law, Volume XIII, N° 1 and 3, 1906.

40) COHEN-JONATHAN (Gerard), « Humans right, an internationalized value », IN: Review basic rights, N°1 July-December 2001.

41) DEGNI-SEGUI (Rene), « The action of the African institutions as regards refugees », IN : French company for the international law, Conference of Caens : right of asylum and of the refugees, Paris, Pedone, 1997, pp.229-230.

42) 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.

43) DIPLA (Haritini), « The responsibility for the State for violation of the rights of the man-problems of charge », IN : Publications of the foundation Marango Poulos for the humans right, N°1 Series, Paris, Pedone, 1994, pp.17-32.

44) DONFACK SOKENG (Léopold), « The freedom of going and coming in the under-area from the Gulf from Guinea », IN : Solon, African Review of parliamentarism and democracy, Volume II N° 1, 2003, pp.55-90.

45) HEINKE (J.), « Humans right and penal sanctions », Re-examined quarterly of the humans right, 1994

46) KAMDEM (Jean-Claude), « Right to justice : the case of Cameroun », IN : MAUGENEST Denis and POUGOUE (Paul-Gerard), Human right in central Africa, conference of Yaounde (November 9-11, 1994), Yaounde, UCAC-Karthala, 1995, pp.135-153.

47) KAMTO (Maurice), «the constitutional dynamics of independent Cameroun », IN : African legal review, N°1, 2, 3, 1995.

48) KENFACK (Pierre-Etienne), « The access to justice in Cameroun », IN : Book of the UCAC N°1, human Dignity in Africa, Yaounde, Presses of the UCAC, 1996, pp.201-214.

49) MARIE (J.B), « Instruments relating to the humans right ratified by Cameroun to January 1, 1998 », IN : Universal review of the humans right (RUDH), vol. 10, N°1-2, 1998, PP. 59 and following.

50) MAUGENDRE (Stephan), « Died by G.T.P.I ? », IN : French review Gisti, Full right N° 62 « To expel », October 2004.

51) MUBIALA (Mutoy), « The convention of the OAU 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, 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, pp.221-238.

52) NKENE (Blaise-Jacques), « Foreigners, actors of the Cameronian political life : the experiment of the immigrants Nigerians in the town of Douala », IN : GRAPS/University of Yaounde II.

54) REYDELLET (Michel), « The dignity from abroad », IN : PEDRA (Philippe) (Dir.), Ethical right and dignity of the nobody-mixtures Christian Bolze, Paris, Economica, 1999, p.227-259.

55) WODIE (F.W.), « Africa and humane right », Re-examined international of the Red Cross, Vol.68, 1986.

59) Conclusions of the round table on the topic « to adapt itself borders », under the high patronage of the Management committee of the review of right Din, in collaboration with the Management committees of the reviews Gisti and Act-up-Paris, France, May 1999.

60) Conclusions of the third session of the Council of Ministers of the CEMAC, Ndjamena, Chad, September 17, 1999.

61) Conclusions of the annual congress of the African company of international law and compared (SADIC), Accra, August 2000.

62) Conclusions of the point of press organized by the HCR and marking the launching of the fourth edition of the world day of the refugees on June 20, 2004 in Cameroun.

63) Conclusions of the seminar on the exploitations of children in central Africa, organized by the International Labor Office for central Africa, Yaounde, June 12, 2005.

64) International federation of the leagues of the humans right, weekly Report/ratio it letter of FIDH-Cameroun : arbitrary, impunity and repression, Report/ratio N° 259, Paris, FIDH, March 1998.

65) Day-seminar on the protection of the humans right, at the time of the Panafrican contest of fictitious lawsuit of the humans right (4- August 9, 2003), UCAC, Yaounde, Cameroun, August 06, 2003.

66) The country reports/ratios of the edition 2005 of the world report/ratio 2005 of International Transparency on the corruption.

67) MAUGENEST (Denis) and POUGOUE (Paul-Gerard) (Dir.), Human right in central Africa, conference of Yaounde (November 9-11, 1994), UCAC-Karthala, 1995, 283 p.

68) Report/ratio 2003 of the representation of International Transparency in Cameroun.

69) Situation reports on the human rights to Burkina-Faso, period 1996-2002, S.V., burkinabé Movement of the humans right and of the people- Burkina Faso, 2002, 242 p.

70) Sous-régional seminar the ILO/GICAM/UNIPACE on the role of the organizations of employers in sous-régionale economic integration, seminar carried out under the high patronage of the sous-régional office of ILO for central Africa, Douala, Cameroun, August 28-29, 2001.

71) Tripartite seminar on the migrations of the workers in the countries of the CEMAC, Douala, Cameroun, March 03-07, 2003.

72) French company for the international law, conference of Caen, Right of asylum and of the refugees, Paris, Pedone, 1997, 383 p.

V- LEGAL COMPILATIONS OF TEXTS AND JURISPRUDENCE

73) Penal code of Cameroun (French version), Edition 2000, re-examined and corrected, 105 p.

74) legal Council of Europe-businesses, foreign prisoners : Recommendations N° R (84) 12 adopted by the committee of the Ministers for the Council of Europe on 21 June 1984 and exposed reasons, Strasbourg, the Council of Europe, 1984, 30 p.

75) SCHUTTER (Olivier), TULKENS (Francoise), VAN DROOG HENBROECK (Sébastian), RUFFENACH (Sylvie), Code of international law of the humans right, 2nd edition, Brussels, Bruylant, 2003, 767 p.

76) Decision of the Court of Appeal of the Center, IN : Business N° 337/HORN, February 21, 1997, Yaounde, Cameroun.

77) Decree N° 90/1246 of 24 August 1990 abrogeant all provisions former in particular those of the decree N° 80/004 January 7, 1980 and its modifying N°82/342 of the 9/1982 regulating the movement from abroad to Cameroun.

78) Institute for the human rights and the development, compilation of the decisions on the communications of the African commission of the humans right and of the people : Extract of the management reports 1994-2001, holy Dakar, Printing works Paul, 2002, 464 p.

79) Law N° 90-32 of bearing 11 December 1990 constitution of the republic of the Benign one.

80) Law N° 97/010 modifying and supplementing certain provisions of the law N°64/LF/13 of June 26, 1964 on the mode of the extradition in Cameroun.

81) Law N° 97/012 of 10 January 1997 fixing the conditions of entry, stay and exit from abroad in Cameroun.

82) Law N°96-06 of bearing 18 January 1996 revision of the constitution of June 02, 1972 in Cameroun.

83) Draft prepared by the Commission of the international law, IN : Directory of the TDCI, 1974, Vol.II, 1e left.

VI- REVUES-PERIODIQUES-JOURNAUX

VII - INTERNET SITES

IN MEMORIAM ....................................................................................... II

DEDICATE ............................................................................................ III

THANKS ................................................................................. IV

INITIALS AND ABBREVIATIONS ...................................................................... V

SYNOPSIS ........................................................................................... VI

First Part: FORMAL RECOGNITION OF THE RIGHTS FROM ABROAD .......................................................................................... 5

CHAPTER I: The CONTRIBUTION OF the INTERNATIONAL TEXTS .............................. 7

Paragraph 1: Intruments legal Generals ............................................. 8

With) Contents of the DUDH and the international Pacts ...................................... 8

BIBLIOGRAPHY .................................................................................... 77 CONTENTS ........................................................................... 86

APPENDICES

INQUIRE INTO THE SITUATION FROM ABROAD IN CAMEROUN

1) Which is your nationality ? ......................................................

2) How much time be you already gone (E) in Cameroun ? Which was the duration of your stay ? ...............................................................................

3) Can you specify the goals of this stay : studies, businesses, stopovers, conferences, tourism, others? ..................................................................

4) By which ways are you there returned to you (E) : air, terrestrial, maritime ? ...........................................................................

c) Know foreigners to whom aimed it for Cameroun was refused ? And which was the reason ? ......................................................

D) Know from other abroad who knew the same situation while going to Cameroun ? .............................................

7) Which appreciation you make conditions of entry in Cameroun ? You have suggestions ? .........................................................................................

8) has) Once inside the country, found the accessible Cameronians (interdependent, fraternal...) ?

b) Please tell us the facts .............................................................

9) has) During your stay, from which rights profited ? (For example : right to housing, education, work, health...) ................................................

b) Which were your duties with regard to Cameroun ? .........................................

c) One carried reached to your basic rights ? And with those from other abroad ?

10) - Which appreciation you make your stay in Cameroun ? And of that from abroad in general ? ......................................................................

- You Think that the State really worries about the non-national ones, in other words, you believe that the rights from abroad are protected on the whole of the territory? Why ? ........................................................................

11) Which appreciation you make humans right to Cameroun, generally ? ...............................................................................................

12) By which way are you left (E) the country and under which conditions precisely ? ....

13) You have a good memory of Cameroun ? Would like to go back itself still there ? Why ? ..........................................................................................

14) If a question which seems to you fundamental for this investigation were not put or if you have other information required concerning the situation from abroad to Cameroun, please indicate it in the following lines : .......................................

15) please, please objectively compare to the legal and practical statute foreigners with Cameroun with that from abroad in your country of origin .................

ORIGIN	MANPOWER	PERCENTAGE
African	61	61%
Western	24	24%
Asian	15	15%

DRANK	MANPOWER	PERCENTAGE
Studies	45	45%
Employment	25	25%
Holidays/tourism	17	17%
Others (stopovers, businesses...)	13	13%

ASSESSMENT	MANPOWER	PERCENTAGE
Generally : slownesses of the administrative authorities in the delivery of the visas of entry (authorities of the diplomatic missions and consular, personnel of the airports of Cameroun)	15	24,19%
Corruption of the authorities in the delivery of the visas of entry	35	56,45%
Other annoyances	12	19,35%

RIGHTS VIOLATE	MANPOWER	PERCENTAGE
Intangible civil laws	26	26%
Other civil laws	30	30%
Economic, social and cultural rights	29	29%
Other encountered problems	15	15%

APPRECIATION	MANPOWER	PERCENTAGE
Assured protection	0	0%
Insufficient protection	0	0%
Non-existent protection	100	100%

APPRECIATION	MANPOWER	PERCENTAGE
Assured protection	0	0
Insufficient protection	60	60%
Non-existent protection	40	40%

* ¹ ABOUR (J.Maurice), public International law, 3rd edition, Quebec, Editions Yvon Blais Inc, 1997, p 359.

* ² SALMON (Jean) (Dir.), Dictionary of public International law, Brussels, Bruylant, 2001, p 468-470.

* ⁶ REYDELLET (Michel), « The dignity from abroad » IN PHILIPPE (Pedrot) (Dir.), Mixtures Christian Bolze : Ethics, right and dignity of the person, Paris, Economica, 1999, p 227-259.

* ⁷ According to GRAWITZ (Madeleine), Lexicon of social sciences, 7th edition, Paris, Dalloz, 2000, p.15, the humans right are one « together of rights, freedoms and prerogatives recognized with the men as such ». VINCENSINI (J.J.), the book of the humans right, Paris, Edition Robert Laffont, 1985, p.12, gives a very extensive definition of it. It regards the humans right as « prerogatives controlled by the rules recognized by the constitutional law and the international law which aim at defending the rights of the person in their relations with the capacity of the State and the other people and which tend to promote the establishment of the conditions making it possible to enjoy these rights indeed ».

* ⁸ We did not give all contours of the expression « legal status ». Indeed, only the legal status of the physical people, in particular from abroad, is taken into account for the simple reason which it interests our study.

* ¹¹ COMBACAU (Jean) and ON (Serge), public International law, Paris, Montchrestien, 1993, p 305.

* ¹⁴ Voir Cameroun Microsoft encyclopedia inserted on line 2005 ( http://fr.encarta.msn.com). It is true that the last census which is used generally basic for Cameroun east that of 1987 ; however, because of the considerable growth of migratory flows with the passing of years, we prefer to refer to recencement of 2003 within the framework of this study. We make a point of specifying that since November 2005, a new census is in hand, for purposes to check the results obtained in 2003.

* ¹⁵ General delegation with the National Safety of Cameroun (DGSN), IN national Review of press « The Messenger », Thursday February 17, 2005. We make a point of raising that, because of porosity of the national borders, we could not quantify with an absolute exactitude migratory flows in Cameroun.

* ¹⁶ Office of the High Commission of the United Nations for refugees (HCR) in Cameroun, Not of press marking the launching of the fourth edition of the world day of the refugees on June 20, 2004. (The Messenger, June 21, 2004).

* ¹⁷ Al (Denis), public International law, Paris, University Presses of France (PUF), 2000, pp.573-574.

* ¹⁸ Charter of the United Nations of 1945, Chapter 1, « Goals and Principles », article 1 (3).

* ¹⁹ DEBBASCH (Charles), BUMBLEBEE (Jacques), PONTIER (Jean Marie), RICCI (Jean Claude), Lexicon of policy, Paris, Dalloz, 2001, p 368.

* ²⁰ According to SALMON (Jean) (Dir.), COp Cit, p. 1045 : the permanent Court of international justice (CPJI), in the Business of the Vapor Wimbledon (Stop of August 17, 1923, series A, n°1, p.25), affirmed that « ... faculty to contract international engagements is precisely an attribute of the sovereignty of the State ».

* ²¹ SCHUTTER (Olivier), TULKENS (Francoise), VAN DROOGHENBROECK (Sébastian), RUFFENACH (Sylvie), Code of international law of the humans right (CDIDH), 2nd edition, Brussels, Bruylant, 2003, p 11 to 16.

* ²² However, we make a point of specifying that since a State inserted in its legal scheduling, the constitution in fact, the DUDH acquires an obligatory function as well as the internal standards themselves.

* ²⁵ Indeed, « right of asylum » is a right which the State can grant to foreigners who fear persecutions coming from their country of origin or any other country. It further goes than the simple right of immigration because it includes the right from abroad to remain in the State of reception. This right thus exists, but it remains a faculty of the State and not an obligation. On the other hand, « right to asylum » is non-existent because it would imply that each individual according to his will, has the right to enter and to remain in a foreign State.

* 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.

* 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.

* 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.

* 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.

* 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.

* ⁴¹ The existence of the African Economic Community (ECA), created in 1991 by the treaty of Abuja, integrated into the UA and which aims at the integration of Africa in 2028, allows us, within the framework of this analysis, to define the UA as a Community institution in the direction where the right generally hears it. In other words, it is about an institution which preaches the principle of freedom of movement of the people, the capital, the goods and the services.

* ⁴⁶ Lawyers committee for human rights: African exodus, refugees crisis, human rights and the 1969 OAU Convention, A carryforward off the lawyers committee for human rights, S.V., July 1995, p. 263.

* ⁴⁷ DEGNI SEGUI (Rene), « The action of the African institutions as regards refugees », IN French Company for the international law, conference of right of asylum refugee and Caens-, COp cit, pp.229-230.

* ⁴⁸ Sous-régional seminar the ILO/GICAM/UNIPACE on the role of the organizations of employers in sous-régionale economic integration. This seminar was carried out under the high patronage of the International Office of the O.I.T for Africa Centrale, Douala, Cameroun, August 28-29, 2001.

* ⁴⁹ It should be noted that the Member States of the CEMAC are found in a broader diagram of integration, with knowknowing, the Economic Community of the States of Africa Centrale (CEEAC). It is about a sous-régionale organization created in 1983 and continuing inter alia objectives freedom of movement of the individuals. It gathers the eleven following States : Angola, Burundi, Cameroun, Gabon, Equatorial Guinea, R. turnover, the Republic of Congo, the Democratic Republic of Congo, Rwanda, Sao Tome & Principle as well as Chad. Between 1990 and 2000, this institution however had great problems which weighed on its operation. Also, at the time of the 33e Summit of the Heads of State evoked previously, the decision was made to carry out its reorganization. But while waiting for that that is effective, we present only the right-CEMAC.

* ⁵⁰ Relative with this study, we will treat only principle of freedom of movement of the people inside zone CEMAC.

* ⁵¹ Conclusions of the third Session of the Council of Ministers of the CEMAC, Ndjamena (Chad), September 17, 1999.

* ⁵² See will infra, Second part, Chapitre II, Section II : « The weakness of the Community legislation ».

* ⁵³ Tripartite seminar on the migrations of workers in the countries of the CEMAC, Douala, Cameroun, 03-07 Mars 2003. ( http://www.izf.net).

* 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.

* ⁵⁹ PACTET (Pierre), Institutions political and constitutional law, 21e edition, Paris, Dalloz and Armand Colin, 2002, p.67.

* ⁶⁰ City by MINKOA SHE (Adolphe), Human right and criminal law to Cameroun, Paris, Economica, 1999, p. 70.

* ⁶² OLINGA (Alain-Didier), quoted by MINKOA SHE (Adolphe), COp Cit, pp. 32 and 33.

* ⁶³ There are classically three categories of rights in the nomenclature of the humans right : rights known as of « the first generation » are the civil laws and political ; rights known as of « the second generation » are the economic, social and cultural rights ; rights known as of « the third generation » or « rights of solidarity » are for example right to a healthy environment, peace and the development. For more precise details, to consult on a purely illustrative basis, public MORANGE (Jean) IN Humans right and freedoms, 2nd edition, Paris, PUF, 1989.

* ⁶⁴ MARGUENAU (Jean-Pierre), European Court of the humans right, Paris, Dalloz, 1997, p. 56.

* ⁶⁵ DONFACK SOKENG (Léopold), COp. Cit., p.1. The author explains that the expression « under-area of the gulf of Guinea » poses some problems related to its indetermination. Indeed, it does not correspond at an institution of regional integration to the direction where hears usually the legal theory of integration. (cf preceding chapter, Section 2). Generally, this under-area gathers, in first, the only States located at the bottom of the gulf with knowknowing Cameroun, Gabon, Guinea Equatoriale and Nigeria mainly because they are directly open on the Atlantic Ocean starting from this point. As a second, it includes other Member States of the CEEAC and CEMAC of which the main part of the exchanges is done starting from the gulf ; it is in fact about Chad, of the Republic of Congo and the Central African Republic.

* ⁶⁷ On this subject, we can quote, rightly, ROUSSEAU (Jean-Jacques), Of the social contract, 1764, which says : « my freedom starts where that of the other stops ».

* ⁶⁸ The article first of the Penal code of Cameroun (French version), S.V., Edition 2000 review and corrected, p.2, lays out besides that « the criminal law is essential on all ».

* ⁶⁹ QUOC DINH (Nguyen), DAILLIER (Patrick) and PELLET (Alain), public International law, 6th edition, Paris, L.G.D.J and E.J.A, 1999, pp.663-664.

* ⁷⁰ In addition to the law of 1997, the movement from abroad is already defined in the N°90 decree/1246 of 24 August 1990 abrogeant all the contrary former provisions, in particular, those of the N°80 decree/004 of January 7, 1980 and its modifying N°82/342 the 9/8/1982. The law of 1997 began again but in a more precise way, the main part of the provisions of the decree of 1990.

* ⁷¹ The people on mission are the foreigners who come to Cameroun on a purely official basis within the framework from their occupations. We can quote the members of the diplomatic corps and consular.

* ⁷² They are the foreign people who have revenues, goods and periodically come to manage them.

* ⁷³ They are the titular foreigners of a pension been useful by a Cameronian official organization.

* ⁷⁴ The definition which the law of 1997 gives of the refugee is the same one as that of the relating to it Conventions duly ratified by Cameroun, in fact, those taken under the aegis of UNO and the OAU (cf preceding chapter).

* ⁷⁵ The rules governing the constitution of a file of contract of employment of the expatriates are fixed by the N°90 decree/1246 of August 24, 1990 city notes 70 of them. In its final provisions, we retain that the file will have to include/understand the following parts : A request (not stamped) addressed to the Ministry of Labor and social welfare S/C the head of provincial department of the labor of the locality where the expatriate will be recruited, a contract in 6 specimens (format to be found in a bookstore), an extract of criminal record going back to less than three months, a medical certificate going back to less than three months, a curriculum vitae vitae, a descriptive card of the station to be provided, the professional or university references, the flow chart of the company, a marriage certificate (with a mandate of ten thousand francs CFA paid to the Treasurer Payer of Yaounde by anybody).

* ⁷⁶ They can also go in diplomatic or consular representations of Cameroun which extend their field of geographical competence. For example, the Embassy of Cameroun in Nigeria (located in the town of Lagos) as well as the consulate (located in the town of Abuja) extend their jurisdictions in the States of Benign and Togo. In the same way, the Embassy of Cameroun in Ivory Coast (located in Abidjan) has a jurisdiction ratione loci including Ghana.

- That the union between the husbands did not cease at the time of the delivery of the chart of resident,

- that the marriage was transcribed on the registers of Cameronian marital status.

* ⁷⁸ It is certainly true that the mode of the extradition is not defined by the law of 1997 ; however, relative with the impact which it has in our study, it is important to make case of them.

* ⁷⁹ The crime of common right is a crime whose characteristics are defined by the criminal laws intern of the State.

* ⁸⁰ In accordance with article 5 of the Statute of the International Penal Court signed in Rome on 17 July 1998 and come into effect on July 1, 2002, we distinguish four types of international crimes to knowing : war crimes, crimes of genocide, crimes against humanity and the crime of aggression. They are the exceptionally serious violations of the rules of the international law. These crimes are imprescriptible.

* ⁸¹ It should not especially be forgotten that the international texts relating to the statute of the refugee prohibit to grant this statute to any applicant of asylum author of crimes of common right.

* ⁸² On a purely illustrative basis, relative with the infringements known as political or founded on a political mobile, prohibited right to Cameroun to extradite an individual continued to have emitted criticisms on the policy of the government of its country of origin.

* ⁸⁴ For more precise details on the legal conditions of entry, stay and exit from abroad in France, to consult VANDENDRIESSCHE (Xavier), the right from abroad, 2nd edition, Paris, Dalloz, 2001.

* ⁸⁵ DURKHEIM (Emile), quoted by CHAMPAGNE (Patrick), sociology, Toulouse, Milan, 1998, p.5.

* ⁸⁹ Cf Appendix 2, the survey questionnaire and results of the card of examination. We make a point of specifying that the investigations were carried out into a sample of one hundred people.

* ⁹⁰ The corruption is a penally accused behavior by which are requested, approved or received offers, promises, gifts or are present at ends of achievement or abstention from an act, obtaining favors or particular advantages. The corruption is known as passive when it is the fact of the corrupted ; it is active when it is the fact of the corrupter. To see on this subject GUINCHARD (S) and MONTAGNIER (G) (Dir.), Lexicon of the legal terms, 14th edition, Paris, Dalloz, 2003, p. 171.

* ⁹¹ ANDERSON (R), « The maintenance of law and order and the crossing of frontiers », IN ERGEC (R), SPREUTEL (J), DUPONT (L) and ANDERSON (R), Maintenance of law and order and human right, Brussels, Bruylant, 1987, pp. 259-294.

* ⁹⁴ DIPLA (Haritini), « The responsibility for the State for violations of the humans right - problems of charge », IN Publications of the Foundation Marango Poulos for the humans right, Series n°1, Paris, Pedone, 1994, p.17-32.

* ⁹⁵ SCHABAS (William A.), Precis of international law of the rights of the person, Quebec, Yvon Blais Inc, 1997, p.1.

* ⁹⁶ SOCKENG (Roger), Legal Institutions in Cameroun, 2nd edition, Douala, holy Group Francois, 1998, pp. 15 to 18.

* ⁹⁷ RIALS (Andre), the access to justice, Paris, PUF, Which I know ? , 1993, p.9

* ⁹⁸ For more details, Cass.civ.1ere lira, March 16, 1999, Pordea, rev. Crit.DIP 2000.223 and the chronicle of G.A.L. Droz, p. 182 and S., IN GUTMANN (Daniel), Course deprived international law, 4th edition, Dalloz, 2004, pp.252-253.

* ⁹⁹ However, it should be specified that the nationals of the Member States of the various communities to which the Benign one left, have a mode less unfavourable than the third foreigners. Moreover, the refugees pay the same rate of schooling as the nationals.

* ¹⁰⁰ For example, article 39 (4) of the Treaty of Rome establishing the European Community, authorizes the Member States to be set up of the suitable regulations reserving for their nationals employment in the public administration. Employment concerned is related on the exercise of the public power and the attribution of the responsibilities for the safeguard for the general interests for the State. See PARED (Patrick), Freedom of movement of the people and European citizenship: stakes and prospects, Brussels, Bruylant, 1998, pp. 43-47.

* ¹⁰¹ It is about the exercise of certain rather lucrative trades that the States arrange in the category of small and medium-sized companies (TOKEN ENTRY E). We can quote, without exhaustiveness, the hairstyle and the seam.

* ¹⁰² WINDISCH (Uli), Immigration: which integration ? Which political rights ? Lausanne, the Age of man, 2000, pp. 63-64.

* ¹⁰³ It is about a whole of privileges whose obligatorily all the workers governed by the Fair labor standards act instituted in 1992 profit. Without claiming with exhaustiveness, we can quote family benefits, the school sickness insurances, appropriations and the pensions retirements.

* ¹⁰⁴ MBAÏNAYE (Bétoubam), File on the Chadians of Cameroun- first left « when the eldorado is transformed into nightmare », IN Chadian Press review « Laltchad presses », February 09, 2004. ( http://www.ialtchad.com/dossiertchadiensducameroun.htm).

* ¹⁰⁵ An individual is Cameronian of origin or by naturalization. We make a point of specifying that, except the procedures envisaged by each national law, the States in general recognize two traditional modes of granting of nationality. Also they distinguish the juice sanguini (right to nationality by the blood tie) of the juice soli (right to nationality by fastening with the territory).

* ¹⁰⁸ NKENE (Blaise-Jacques), « Foreigners, actors of the Cameronian political life : the experiment of the immigrants Nigerians in the town of Douala », IN Group of research and support at policies (GRAPS)/university of Yaounde II. ( http://polis.sciencespobordeaux.fr/vol8ns/article4.html)

* ¹⁰⁹ legal Council of Europe-businesses, foreign Prisoners : Recommendation n° R (84) 12 adopted by the committee of the Ministers for the Council of Europe on 21 June 1984 and exposed reasons, Strasbourg, the Council of Europe, 1984, p. 14.

* ¹¹⁰ HEINKE (J.), « Humans right and penal sanctions », IN quarterly Review of the humans right (RTDH), 1994, p. 173.

* ¹¹¹ International Amnesty, Report/ratio 98, London, French-speaking Editions of international Amnesty (EFAI), 1998, p. 121-125.

* ¹¹² Gives hardly changed since the report/ratio of Amnesty International bus in February 2005, RFI gave information on the rebellions of the prisoners to Cameroun. The latter wanted to draw the attention of the national and international public opinion to the problems which they have with the daily newspaper.

* ¹¹³ ANZILOTTI (D.), « The international responsibility for the States at a rate of the damage suffered per the foreigners », IN General review of public international law, TomeXII, N° 1 and 3, 1906.

* ¹¹⁴ Report/ratio 2003 of the representation of International Transparency in Cameroun, IN national Press review Cameroon Platform, December 26, 2003.

* ¹¹⁸ National press review on Internet, Cameroun-information. Net, February 19, 2005, File : « Foul weather for without papers ».

* ¹¹⁹ The conditions of enfermement in France leave something to be desired because they translate a total contempt of human dignity. We will quote the case of the waiting area of the Ibis hotel in Roissy which strongly resembles a prison because the clandestine ones are parked in rooms under conditions very humiliating. For more precise details, to see Conclusions of the round table organized by the Management committee of the Review of right « Din » in collaboration with the Reviews « Gisti », « Act-up-bets » and « Multitudes » on the topic : « To adapt the borders », May 1999, France.

* ¹²⁰ We make a point of recalling that in accordance with article 1 of the Convention of the United Nations relating to the rights of the child and article 2 of the African Charter of the rights and the good being of the child, this one is defined like any old human be less than 18 years.

* ¹²¹ It consists with the transborder trade children. We will not treat traffic of children itself because that concerns another field. We will limit ourselves exclusively to the analysis of its consequences, i.e. the sad fate reserved to the clandestine children involuntarily immigrant. However, for possible details on this traffic in Africa, to consult, on a purely illustrative basis, the African Review The N° Millenium November-December 9, 2004 it time of Africa «traffic of children, an evil which is spread », pp.29-35.

* ¹²² Conclusions of the seminar on the exploitation of the children in Central Africa, organized by the International Labor Office for Central Africa, Yaounde, June 12, 2005.

* ¹²³ Indeed, the slave is juridically heard as an individual on whom the attributes of the right of ownership are exerted. It is about the usus which is faculty to use the thing, of the fructus which is faculty to perceive the fruits of them and of the abusus or faculty to have which it at will. Slavery is proscribed by articles 4 of the DUDH, 8 of the PIDCP, 32 and 34 of the Convention of the United Nations relating to the rights of the child, 5 of the African Charter of the humans right and of the people, 15 and 16 of the African Charter of the rights and the good being of the child. In addition, all the other Conventions on the repression of the slavery and the draft of the human beings, duly ratified by Cameroun as considering previously, prohibit this practice.

* ¹²⁴ We will study the procedures in the broad sense by considering expulsion i.e. repression, taken back at the border, the extradition and expulsion itself.

* ¹²⁷ No one was not informed of the continuation of the events. Also, by basing us on the marked intentions of Cameroun to expel them, we will try to raise of them the legal consequences if the State would have put this project at execution.

* ¹²⁸ Institute for the human rights and the development, Compilations of the decisions on the communications of the African Commission of the humans right and of the people : extract of the reports/ratios of activités1994-2001, Dakar, Saint-Paul Printing works, 2002, pp.11-15.

* ¹³¹ This article provides in particular that a foreigner « cannot be distant bound for a country if it establishes that its freedom y (is) threatened ».

* ¹³² Quarterly review of the humans right, the police force from abroad and the European Convention of the humans right, 10th year, N° 37, January 1, 1999, Brussels, Bruylant, 1999, pp.178-179.

* ¹³⁴ We make a point of recalling that under the terms of article 1(a) (2) of the Convention of Geneva of 1951, article 1 (2) of his Protocol of 1967 and of article 1 (1) of the Convention of the OAU of 1969, a stateless person who feels persecuted in the country where it had his usual residence also profits from the quality of refugee. He is a stateless person-refugee also protected by the texts applicable to the ordinary refugee, as well as this last. However the legal condition of the strict stateless person to the direction of the term is guaranteed by the Convention on the statute of the stateless people.

* ¹³⁵ UNHCR, Refugees, Volume 2, Number 123, Milan, Service of the information of the HCR, 2001, p16.

* ¹³⁷ Office of the High Commission of the United Nations for the Refugees, the refugees in the world : fifty years of humane action, Paris, Otherwise, 2000, pp.306-309 and pp.311-313.

* ¹³⁸ Office of the High Commission of the United Nations for the Refugees, the refugees in the world..., COp Cit, pp.248-249.

* ¹⁴⁰ See Cameronian Review of press the Messenger and NTIGA (Leger), June 20, 2004 (world day of the refugees).

* ¹⁴¹ Institute for the humans right and the development, COp Cit, pp.330-335.

* ¹⁴² Decision of the Court of Appeal of the Center, IN N°337 business/HORN, February 21, 1997, Yaounde, Cameroun.

* ¹⁴³ See Cameronian Review of press the Messenger and NDONG (Thierry), « Refugees in Cameroun : better days take shape », Douala, July 7, 2005. ( http://fr.allafrica.com/stories/200507070896.html).

* ¹⁴⁴ To consult the Situation report on the human rights to Burkina-Faso - period 1996-2002, S.V., burkinabé Movement of the humans right and of people (MBDHP), 2002, pp.76-79.

* ¹⁴⁷ Office of the High Commission of the United Nations for the refugees, the refugees in the world ... , Op.Cit, pp. 316-318.

* ¹⁵¹ Office of the High Commission of the United Nations for the Refugees, the children directing refugee-principles concerning protection and the assistance, Geneva, HCR, 1994, p.19.

* ¹⁵² Office of the High Commission of the United Nations for the Refugees, the children directing refugee-principles concerning protection and the assistance, Op.Cit p. 28.

* ¹⁵⁵ Revue Laltchad presses, file on the Chadians of Cameroun, second part, COp Cit.

* ¹⁵⁸ According to GUINCHARD (S) and MONTAGNIER (G) (Dir.), COp Cit, p 220 and p 508 respectively, the residence is the place in which a person is supposed to remain permanently ; in substantive law, the residence is located instead of the principal establishment. The residence, as for it, is the place where is, in fact, a person ; the residence is opposed to the residence which is the place where it is located in right.

* ¹⁵⁹ MAYER (Pierre), deprived International law, 6th edition, Paris, Montchrestien, 1998, pp. 551-552.

* ¹⁶⁰ Chadian press review Laltchad presses, file on the Chadians of Cameroun, COp Cit.

* ¹⁶¹ In public international law, the open sea is the marine space located beyond the jurisdictions national and escaping sovereignty from the States.

* ¹⁶³ Matter of TITI NWEL (Pierre), during the exchanges and debates, IN MAUGENEST (Denis) and POUGOUE (Paul-Gerard), Human right in Africa Power station-conference of Yaounde (November 9-11, 1994), Yaounde, UCAC-Karthala, 1995, pp.241-246.

* ¹⁶⁵ The treaty of the UEMOA is applicable to Guinea Bissau since May 02, 1997 in conformity of the terms of an agreement of adhesion on March 05, 1997, which makes the eighth Member State of the UEMOA of it.

* ¹⁶⁶ At the beginning, 16 country whose Mauritania were signatories of the treaty creating CEDEAO. Thereafter, this State decided to be withdrawn from the treaty.

* ¹⁶⁸ PERUGIA OF MONTCLOS (Marc-Antoine), « Africa rejects its own immigrants », IN The Diplomatic World, Paris, December 1999, p.15.

* ¹⁶⁹ In the stop of Thursday October 10, 2002, the C.I.J recognized the sovereignty of Cameroun on the peninsula of Bakassi. But, the presence of the troops Nigerians in the zone, contrary to this decision, as well as the recent murder in July 2005 of a Cameronian soldier, by a soldier Nigerian, on the border, started new tensions between the two States.

* ¹⁷⁰ BEAUTIFUL DOO (Jacques), « Tensions between Equatorial Guinea and Cameroun about the expulsion of more than 1500 Cameronian illegal immigrants » IN The Messenger, Douala, April 02, 2004. ( http://www.cameroon-info.net/cmi_show_news.php?id=14448).

* ¹⁷¹ Conclusions of the diplomatic Forum of the IRIC, January 2005, IN the Messenger, January 17, 2005.

* ¹⁷² These agreements were defined in the First Part, Chapitre 1, Section 1, Paragraphe the 2 «foreigners in sous-régional space »

* ¹⁷³ To consult articles 31 to 64 of the African Charter of the humans right and of the people for more details on the composition, the organization, competences and the procedure of the Commission.

* ¹⁷⁴ These conditions are seven with knowing : the indication of the identity of the communicating party even if this one requires of the Commission to keep anonymity, the compatibility of the communication with the Charter of the OAU (it is from now on about the Deed of partnership of the UA) or with the African Charter of the humans right and of the people, the prohibition of the outrageants terms or insulting with regard to the State blamed, of its institutions or OAU (current UA), the communication must be well documented and not to be satisfied to bring back remarks, the compliance with the rule of the exhaustion of the grounds for appeal intern if they exist indeed, the respect of the reasonable time during the introduction of the communication, itprohibition to introduce an already regulated communication.

* ¹⁷⁵ Indeed, generally, the procedure shows that the Inter-American Commission of protection of the humans right was also established to protect the rights of the State and not those of the individuals. However, the violations which the latter undergo and, more particularly, the foreigners in Africa, also prevail in the American continent and in particular in Latin America. See on this subject, communication of ALAIN (Jean), « The inter-American system of protection of the humans right », IN Day-seminar on the protection of the humans right, at the time of the 12th Panafrican Contest of fictitious lawsuit of the humans right (04 to August 09, 2003), Catholic University of Central Africa (UCAC), Yaounde, Cameroun, August 06, 2003.

* ¹⁷⁶ For checking of this calculation, please consult : Institute for the human rights and the development, compilation of the decisions on the communications of the African Commission of the humans right and of the people, COp cit.

* ¹⁷⁷ Cf SCHUTTER (Olivier) and others, CDIDH, COp cit, pp.713-720, for more details on the organization, the composition, the competence and the work of the African Court of the humans right and of the people.

* ¹⁷⁸ Indeed, it was necessary 15 ratifications so that it can come into effect. See for this reason, Communication of YONABA (Salif), « African Court of the humans right and of the people », IN Annual congress of the African Company of International law and Compared (SADIC)- Accra, August 2000. We make a point of recalling that Cameroun did not leave yet to this Protocol.

* ¹⁷⁹ Matter of SUDRE (Frederic), during the exchanges and debates, IN MAUGENEST (Denis) and POUGOUE (Paul-Gerard), COp Cit, pp.127-133.

* ¹⁸⁰ KAMTO (Maurice), « The African legal dynamics of independent Cameroun », IN African legal review, N°1, 2, 3, 1995, pp.38-39, quoted by NACH MBACK (Charles), Democratization and centralization - geneses and dynamic compared processes of decentralization in sub-Saharan Africa, Yaounde, Karthala and PDM, 2003, p.173.

* ¹⁸¹ EBOUSSI BOULAGA (Fabien), the democracy of transit in Cameroun, bets, harmattan, 1997, p.311

* ¹⁸² We generally distinguish the magistrates from seat (sitted magistrature or judges themselves) with the magistrates of the parquet floor (state prosecutors including in particular the prosecutors and prosecuting attorneys).

* ¹⁸³ KAMDEM (Jean-Claude), « Right to justice : the case of Cameroun », IN MAUGENEST (Denis) and POUGOUE (Paul-Gerald), COp Cit, pp. 135-153.

* ¹⁸⁴ KENFACK (Pierre-Etienne), « The access to justice in Cameroun », IN Book of the UCAC N°1, human Dignity in Africa, Yaounde, Presses of the UCAC, 1996, pp.201-214.

* 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)

* 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.