The Protection of Foreigners Status in Africa: What Prospect for Implementation of Foreigners Right in Chad?
Keywords:
Protection -Foreigners -Status–Africa-Prospect-Implementation-Foreigners Right-ChadAbstract
The protection of foreigners’ right in any given society is an essential factor for the preservation and respect of the identity and dignity of such persons. In order to protect foreigners’ status and rights, there is that necessity for the country in question to implements its laws through the enhancement of the competent institutions vested with powers in protecting these foreigners residing in their respective territories in order for them to possess that sense of belonging and feel at home. The State of Chad has contributed immensely in ensuring that laws enacted for the protection of foreigners entering,, staying, and exiting its territory should be offered some degree of implementation when dealing with foreigner’s rights and status. The respect laws put into place will not only be a ground for human right protection of foreigners’, but also act as a tool in enhancing proper implementation of laws enacted in the of protection of foreigners’ in their territory even though some lapses can be identified in the laws. Enacting laws, conceiving policies, and creating institutions to enhance and protect foreigners is one thing, implementing, and enforcing these laws is another. The government of Chad is responsible for the protection of foreigners residing in their territory by providing the foreigners that maximum protection in all spheres of necessities.
References
1. These include; the Convention relating to the Status of Refugees of 28 th July 1951and its Protocol of 1967, the Convention Against Torture and other Degrading treatments of 10 th December 1984, the eight fundamental conventions on the International Labour Organization which are the Convention 29 on force labour, 105 on the abol ition of force labour, 100 and 111 concerning professional, occupational and employment discrimination, 138 on the minimum working age, 182 on the prohibition child labour and 87 and 98 on collective negotiations and syndicate freedom.
2. This Organization ha s today become the African Economic Community.
3. Babacar SALL, Labour Migration and the Protection of Human Rights in Africa: Obstacles to the Convention of the Protection of Migrants Workers and their Families in Sub -Saharan Africa. UNESCO Studies on Migration -No2, UNESCO 2007, P. 17.
4. Article 12 of the Charter. JHRLP (2019) 70–82 © Law Journals 2019. All Rights Reserved Page 81
5. The right to strike is recognized as long as it is in conformity with the available rules and regulation of the Constitution.
6. The case here is different for Gabon and Equatorial Guinea who till date are reluctant in encouraging the free movement of persons and establishment in the various CEMAC member states. Gabon and Equatorial Guinea continue to emphasise on a valid passport and visa before one can enter their territories.
7. Article 492 of the Chadian Labour Code.
8. Ibid, Article 493.
9. Decree No. 191/PR/MFT/96 of 15 April 1996 regulating the conditions of recruiting workers in Chad.
10. Constitution, article 30.
11. Ibid, article 3.
12. Ibid, article 14.
13. Ibid, article 18.
14. This is a report g iven 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 someth ing not experienced by Chadian nationals.
15. Sudan Human Rights Organisation v. Chad, African Commission on Human Rights Report, Communications No. 280/04 and 296/05
16. Section 148 of Chadian Penal Code of 9 June 1967
17. Section 246 Chadian Penal Code
18. CONAFIT is a force set up by the Chadian Government to intervene in crisis or internal security affecting countries involved in war. It is a way for the Chadian government to collaborate and help other countries affected by insecurity and war.
19. Ordinance N o. 12 ET 13/PR/MJ of 9 th June 1967 establishing the Penal Code and Penal Procedure Code of Chad
20. This article provides that any act of person which causes damage to another makes him by whose fault the damage occurred liable to make reparation for the damage.
21. The Code Napoleon or otherwise known as the French Civil Code of 1804
22. Amnesty International Report 2013 on the Situation of Human Right Practices in Chad.
23. The Chadian Daily
24. A Sudanese refugee explains that she has been discriminated upon when in search of job, even the pay package cannot feed her three children. Sometimes t he pay do not even come on time, “we have to stay several months before being paid and when asked, we can be harassed by our employers”. Gotten on the 23 rd of March 2013 in N’Djamena.
25. That is the United Nation Convention on Refugee Protection 1951.
26. Amnesty International Report on the Practice of Human Right by States, 2012.
27. 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 standing 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 such, 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 refug ee 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.
28. “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 JHRLP (2019) 70–82 © Law Journals 2019. All Rights Reserved Page 82 migration policies in countries of origin and destination (Vienna, 2006).
29. Dirty, dangerous and degrading.
30. Ibid, “Towards a fa ir 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).
31. On the 8 October 2008, 2 police officers (NDAM IBRAHIM and NDAM AMADOU) i llegally 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 Refugee Convention which talks about the principles of non-refoulement.
34. Ordinance No 32/PR/2011, 4 October 2011, article 36 of Chad.
35. The Human Right Reports on the Practice of Human Righ t in Cameroon, Chad, and Gabon, 2012.
36. Amnesty International Report 2013 on the stakes of Human Rights Situation in Chad. Cite this Article Nana Charles Nguindip . The Protection of Foreigners Status in Africa: What Prospect for Implementation of Foreigners Right in Chad?. Journal of Human Rights Law and Practice. 2019; 2(2): 70–82p.
