The Right to Non-discrimination and the Protection of Foreigners Status within the CEMAC Sub-Region: The Case of Cameroon, Chad and Gabon
Keywords:
Right-Non-Discrimination-Foreigners-Status-CEMAC-Subregion-Cameroon-Chad-GabonAbstract
Cameroon, Chad, and Gabon have a series of proliferated laws, legal provisions, and institutions having overlapping mandates in various documents regarding the protection and promotion of foreigners’ rights residing in their respective territories. Despite the available laws, international law remains the main instrument that regulates foreigners’ treatment within the states. Since the creation of CEMAC, member states as a whole and Cameroon, Chad, and Gabon in particular have established credible policies in protecting foreigners living within their respective territories. Even though with the establishment of laws, these laws, for a long period, have become obscure and obsolete. Migrants continue to experience aspects of violence, discrimination, and expulsion regardless of the status they occupy. States, on their part, suffer especially when these foreigners indulge in fraudulent activities that affect the security and sovereignty of the state. These problems faced by migrants despite the availability of local laws on foreigners’ protection have instigated the posing of questions in order to ascertain the adequacy of the lawful protection of foreigners in Cameroon, Chad, and Gabon.
References
1. Ministry of Employment and Professional Training, Cameroon.
2. These rights include that as to non - discrimination, freedom of religious practice, right to property, the right of association, the right to be a party to legal proceedings, the right to work, the right to education, housing, social welfare and public assistance, free movement, to obtain identity documents and travel documents and the right to transfer of assets.
3. The Country Report on the Human Right Practice, Amnesty International Huma n Right Report, 2012.
4. Constitution, Article 30.
5. Ibid, Article 3.
6. Ibid, Article 14.
7. Ibid, Article 18.
8. This is a report given by a Malian citizen that intend doing business in Chad that it takes several months before the Chadian authority could offer him a license to operate, and even when such permission is granted, he received discrimination and increase in tax rate something not experienced by Chadian nationals.
9. Decree No. 000013/PR/MFPF of 7 January 2002.
10. Residents, contractors, independent workers, owners, lessees or pensioners, as well as family members of a resident.
11. The transformation of refugee status to a foreign resident status in Gabon was an option foreseen in the context of the comprehensive durable solutions strategy for the Congolese refugees in the framework of cessation of their status.
12. Law No. 37/98 of 20 July 1999 initiating the Gabon Nationality Code.
13. Law No. 37/98 of 20 July 1999 initiating the Gabon Nationality Code.
14. Birth, filiations, and recognition.
15. Marriage, adoption, naturalization and reintegration.
16. This is the case of Ms. Marie Loubaky who experienced many difficulties since she became a refugee. She no longer had a permanent job with a steady income to support her family. She and her family had lost their former high social standi ng and, as Congolese refugees, became a marginalized and discriminated part of Gabonese society. As a refugee she was subjected to verbal abuse and sexual insinuations from the Gabonese police. Marie was used to take care of her children by herself but, as a refugee, the absence of a spouse made her and her family even more vulnerable to physical and mental abuse. Moreover, her affiliation with the former government of Congo-Brazzaville and her work as a journalist put her at risk politically in Gabon. As s uch, around the time of the Gabonese presidential elections of autumn 2005, Marie's situation became extremely precarious. The unease and the fear for forcible removals increased among the Congolese refugee community and Ms. Loubaky felt threatened. It was clear that Marie's safety could no longer be guaranteed and that she needed to leave Gabon for a safe country of asylum.
17. “Towards a fair deal for migrant workers in the global economy”, Report VI, International Labour Conference, 92nd Session, Geneva, 2004; OSCE; IOM; ILO: Handbook on establishing effective labour migration policies in countries of origin and destination (Vienna, 2006).
18. Dirty, dangerous and degrading.
19. Ibid, “Towards a fair deal for migrant workers in the global economy” , P. 150 – 165 (agriculture), 173 –178 (sweatshops), 181–194 (care economy, domestic work) and, to some extent, 166 –172 (construction).
20. Such persons cannot hold high posts of responsibilities in the said countries due to the fact that they are considered as foreigners wit h little or no aspect of recognition meant to perform only particular functions of less importance.
21. OSCE; IOM; ILO: Meeting the Challenges of Migrants Workers in Central Africa P. 134–144.
22. This is the case of Cameroon, Equatorial Guinea, and Gabon consider ed as the giants of the CEMAC Sub -Regional Integration Communities. The Right to Non-discrimination and the Protection of Foreigners Status Nana Charles Nguindip JHRLP (2018) 46-58 © Law Journals 2018. All Rights Reserved Page 57
23. Council Directive 2003/109/CEMAC of 25 November 2003 concerning the status of third -country nationals who are long - term residents, Official Journal lL 0 16, 23 Jan. 2004, P. 0044 –0053. Und er the Directive, Member States will recognize long-term resident status after five years’ continuous legal residence. They would be guaranteed equal treatment with CEMAC nationals with respect to most socio - economic rights.
24. This is done mostly by the coun tries having embassy in the said country who usually hold talks with the host countries of the migrants to discuss the way forward and possible ways in which the conditions of foreigners in the in these countries especially those seeking employment and working in the said countries.
25. This situation is different in Gabon and Equatorial Guinea who are still dragging their feet as far as free movement of persons with the CEMAC is concerned. The situation has not change notwithstanding the CEMAC Passport.
26. World Health Organization World Statistic Report 2012 in Chad P. 213.
27. This was the information gotten from a German National who came to Cameroon the first time on the 14 th of January 2012. “I find it very difficult to adapt with the climate due to the harshness particularly in the Littoral Region where the wildness of the climate makes it impossible for me to live in this area of the country and I thought in the first instance to go back home.”
28. Interviewed rendered by Commissioner of the UNHCR in Yaoundé, Camer oon at 9:30 am on Tuesday July 9 th, 2013 as to the situation and challenges of refugees residing in Cameroon.
29. Diallo, a Senegalese refugee living in Yaoundé through an interview on Wednesday 10 July 2013 talking on the living condition here in Yaoundé.
30. “Notwithstanding the friendly nature of Cameroonian around me, I am really enjoying my stay here, but the fact that my family and ones are still in America makes feel isolated and abandon, I finds it difficult to interact and make new friends here in Cameroon, it seems as if I am dead cause most of friends are in the State and this make me sometimes to have that anxiety to go back home” interviewed granted on the 13 th of June 2013 by an American Citizen working in Cameroon.
31. On the 8 October 2008, 2 police officers (NDAM IBRAHIM and NDAM AMADOU) illegally arrested a refugee from Equatorial Guinea and made him to return to his country. By Decisions No. 0000348/DGSN/CAB and No. 0000349/DGSN/CAB of 17 October 2008, the Delegate general of National Security suspended the said officers for period of three months.
32. Section 8 of the same law.
33. Ibid, Section 33(1) of the 1951 R efugee Convention which talks about the principles of non-refoulement.
34. BBC Africa news 9th June 2011 on the problems faced by Cameroonians living in Equatorial Guinea giving rise to several Cameroonians repatriated to their country.
35. These countries include Central Africa Republic, Chad, Cameroon, Sudan, Nigeria and others who sees Gabon as a country with high employment opportunities due to the high and vibrant nature of the economy.
36. Article 9 International Covenants on Civil and Political Rights, Article 5 European Convention on Human Right, Article 6 Africa Charter on Human and People Rights, Article 7 America Convention on Human Right, Articles I and XXV ADRDM, Article 14 ACHR.
37. Standard Minimum Rules for the Treatment of Prisoners (SMR), rule 38(1); Bangkok Rules, rule 53.
38. SMR, rule 38 (2); Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, UNGA RES.43/173, 9 December 1988, Principle16.2.
39. Ordinance No 32/PR/2011, 4 October 2011, Article 36 of Chad.
40. The Human R ight Reports on the Practice of Human Right in Cameroon, Chad, and Gabon, 2012.
41. Ibid JHRLP (2018) 46-58 © Law Journals 2018. All Rights Reserved Page 58 Cite this Article Nana Charles Nguindip. The Right to Non- discrimination and the Protection of Foreigners Status within the CEMAC Sub- Region: The Case of Cameroon, Chad and Gabon. Journal of Human Rights Law and Practice. 2018; 1(2): 46–58p.
