The Legal and Institutional Framework for the Protection of Foreigners in Cameroon
Keywords:
Cameroon, Foreigners, Protection, Republic, Standards, TerritoriesAbstract
Even though the CEMAC has provided available dispositions and encouraged the free movement of persons and establishments through its sub-region, there have not been general acceptable instruments by the contracting states to effectively control and manage free movement of persons into their territories. This lacuna has made it possible for individual member states to establish individual laws and other dispositions to monitor and control foreigners who intend taking up residence in their territories. These laws range from the Constitution to other relevant texts and documents. A detailed study of Cameroon legal and institutional frameworks will ascertain the degree of protection offered to foreigners in their territories. In addition, analyzing the legal and institutional frameworks of protection is to ensure that the above state respects and establishes standards in conformity to those stipulated by international law. For the purpose of this work, an examination of various legal and institutional dispositions will enable us to justify the treatment given to migrants by this state.
References
1. Central African Economic and Monetary Community.
2. CIA World Fact Book, 22nd August 2006.
3. Article 43 of the constitution provide s duly approved and ratified treaties and International Agreement shall following their publication override national laws, provided that the other party implements the said treaty or agreements.
4. Law No. 2008/1 of 14 th April 2008 to amend and supplement some provisions of Law No. 96 of 18th January 1996.
5. International Convention of 11 th October 1933 on the Suppression of the Traffic in Women of Full Age;
6. ILO Convention No. 29 concerning Forced or Compulsory Labour, 1930;
7. Convention of 28 th July 1951 relating to the Status of Refugees ratification by succession of State on 23rd June 1961
8. Section 31 of the 1951 Refugee Convention.
9. Ibid, section 33(1).
10. Convention of 10th December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment accession on 19th December 1986;
11. Convention of 18 th December 1979 on the Elimination of All Forms of Discrimination against Women ratification on 23rd August 1994.
12. Texts such as the Constitution of 1996 in its preamble, the Penal Code of 1967 in its Section 1 and other relevant texts have provided for equality of all.
13. African Charter on Human and Peoples ’ Rights, adopted on 27 th June 1981 ratified on 21st October 1986.
14. The 1967 and 69 Cameroon Penal Code.
15. The preamble of the 1996 Constitution.
16. The 1992 Cameroon Labour Code. JCGIBL (2018) 33-41 © Law Journals 2018. All Rights Reserved Page 41
17. 2012 Country Reports on Human Rights Practices.
18. Ibid, Country Human Right Report on arbitrariness and torture, 2012.
19. African Charter on the Rights and Welfare of the Child adopted on 21 st November 1989 ratified on 5th September 1997.
20. Decree No. 2006/050 of 30 th January 2006.
21. Decree No. 2006/048 of 30 th January 2006.
22. Decree No. 2006/049 of 30 th January 2006.
23. Under article 65 of the Constitution, the preamble is an integral part of the Constitution.
24. Article 15 of the Universal Declaration on Human Right (UDHR) 1948.
25. These laws include; Law No. 97/012 of 10th January 1997 to lay down the condition for foreigners to enter, stay and exit in Cameroon, Law No. 2005/006 of 27th July 2005 relating to the status of Refugees in Cameroon, Law No. 2005/015 of 29th December 2005 relating to the fight against child trafficking and Law No.97/010 of 10 th January 1997 to amend and supplement certain provisions on the law of extradition.
26. Law No. 68/LF/3 of 11 th June 1968 to organize the system of requisitioning. It provides under section 13 for the possibility of requisitioning persons and properties. Decree No.68 -DF-417 of 15 th October 1968 fixes modalities for its application. In this regard, persons and properties can be taken and the possibility of obtaining compensations.
27. Section 9 of the Nationality Code.
28. Section 8 of the 2005 Cameroonian Refugee Law.
29. Cameroon Human Right Report.
30. Ibid, 2012 Country Reports on Human Rights Practices in Cameroon. Cite this Article Nana Charles Nguindip . Legal and Institutional Framework for the Protection of Foreigners in Cameroon . Journal of Corporate Governance and International Business Law. February 2018; 1(2): 33– 41p.
