CHAPTER ONE

GENERAL INTRODUCTION

• BACKGROUND TO THE STUDY

The obligation of states to protect refugees is a critical issue in the world, particularly in light of the ongoing global refugee crisis. This obligation is enshrined in international law, including the 1951 Refugee Convention and its 1967 Protocol, which outline the rights of refugees and the obligations of states to protect them. Despite these legal frameworks, many refugees continue to face significant challenges in accessing protection and basic rights, particularly in conflict-affected regions.[1] Overall, the case study will highlight the importance of states fulfilling their obligation to protect refugees, particularly in the context of ongoing conflict and displacement. By providing access to basic services, ensuring safety and security, and facilitating durable solutions, states can help to ensure that refugees are able to rebuild their lives and contribute to their host communities.[2]

The issue of refugee protection is a complex and challenging one that has been present in the international community for many years. Forced displacement, persecution, and violence in countries around the world have led to a growing number of refugees in need of protection and assistance. According to the United Nations High Commissioner for Refugees (UNHCR), there were over 26 million refugees worldwide as of 2021, with the number increasing each year (UNHCR, 2021).[3]

Under international law, states have an obligation to protect refugees and ensure that their rights are respected. This obligation is outlined in the 1951 Refugee Convention and its 1967 Protocol, which define who is a refugee, what their rights are, and the legal obligations of states towards them. The Convention states that refugees should not be returned to their home countries if they are at risk of persecution, and that they should have access to education, healthcare, and the ability to work and move freely within their host countries.[4]

However, despite these legal obligations, many states struggle to provide adequate protection and assistance to refugees. In some cases, refugees may face discrimination, lack of access to basic services, and limited opportunities for integration into the host society. This is particularly true in regions of conflict or instability, where refugees may be at risk of violence or exploitation.[5]

One such region is the Northwest region of Cameroon, which is located in the English-speaking part of the country. The region has been experiencing a conflict since 2016, when separatists declared an independent state called Ambazonia. The conflict has resulted in widespread violence, displacement, and human rights abuses, including attacks on civilians and the destruction of homes and infrastructure .[6]

As a result of the conflict, many people in the Northwest region have been forced to flee their homes and seek refuge in neighboring countries or other parts of Cameroon. The UNHCR estimates that there are currently over 500,000 internally displaced persons (IDPs) in the region, as well as tens of thousands of refugees who have fled to Nigeria and other neighboring countries.[7]

Given the large number of refugees and IDPs in the region, it is important to examine the extent to which the state of Cameroon is fulfilling its obligations to protect these individuals. This includes providing access to basic services, ensuring their safety and security, and facilitating their eventual return or resettlement. By conducting a case study of the Northwest region, it is possible to gain a deeper understanding of the challenges facing refugees and IDPs in the region, as well as the role of the state and other actors in providing protection and assistance.[8]

Cameroon is a signatory to the 1951 Refugee Convention and its 1967 Protocol, which means it has a legal obligation to protect refugees and ensure their rights are respected. However, there are concerns about the extent to which the government is fulfilling these obligations in the Northwest region. Reports from human rights organizations indicate that refugees and IDPs in the region face significant challenges, including limited access to basic services such as healthcare and education, as well as restrictions on their movement and limited opportunities for employment.[9]

Furthermore, the conflict in the region has created significant security concerns for refugees and IDPs, with reports of violence, forced recruitment, and sexual exploitation. The government has taken steps to address these concerns, including providing assistance to refugees and IDPs and establishing a commission to address the crisis in the Anglophone regions. However, there are concerns about the effectiveness of these measures and the extent to which they are able to provide meaningful protection to those in need.[10]

By conducting a case study of the Northwest region, it is possible to gain a deeper understanding of the challenges facing refugees and IDPs in the region, as well as the role of the state and other actors in providing protection and assistance. This study can also provide insights into the broader issue of refugee.[11]

1.2 STATEMENT OF THE PROBLEM

The issue of refugee rights has become increasingly significant in today’s global context, with millions of individuals fleeing their home countries due to persecution, conflict, or other forms of violence. Cameroon, as a signatory to various international conventions and treaties related to refugee protection, is obligated to ensure the rights and well-being of refugees within its borders. This case study focuses on the Northwest Region of Cameroon, a region grappling with significant challenges related to refugee protection. The problem at hand centers on the obligations of the State of Cameroon in fulfilling its duty to protect the rights of refugees in the Northwest Region.[12]

The problem at hand is the inadequacy of the State of Cameroon in fulfilling its obligations to protect the rights of refugees in the Northwest Region. Despite being a party to international agreements such as the 1951 Refugee Convention and its 1967 Protocol, as well as the African Union Convention on Refugees, Cameroon has faced numerous challenges in providing adequate protection and support to refugees, particularly in the Northwest Region.[13]

Inadequate access to essential services: Refugees in the Northwest Region often face difficulties in accessing basic services such as healthcare, education, and livelihood opportunities. Limited infrastructure and resources, coupled with the region’s ongoing internal conflicts, exacerbate these challenges, leading to a violation of refugees’ rights to adequate standards of living.[14]

Lack of legal and physical protection: The State of Cameroon has the responsibility to ensure the physical safety and security of refugees residing within its borders. However, reports of violence, arbitrary arrests, and forced returns by security forces pose a threat to the well-being and human rights of refugees in the Northwest Region. The absence of effective legal mechanisms for protection further compounds this issue.[15]

Limited social integration: Successful integration of refugees into the host community is crucial for their long-term well-being and self-sufficiency. However, the Northwest Region faces socio-cultural barriers and discriminatory practices that hinder the integration process, leading to social isolation and marginalization of refugees.[16]

Insufficient coordination and support: Effective coordination among relevant stakeholders, including government agencies, international organizations, and non-governmental organizations, is essential for addressing the complex challenges faced by refugees. However, a lack of coordination and inadequate support mechanisms in the Northwest Region contribute to the overall failure in meeting the State’s obligations to protect refugee rights.[17]

1.3 RESEARCH QUESTIONS

This research works seeks to answer the following question

1.3.1 Main Research Question

How are Refugees rights enforced in Cameroon?

1.3.2 Specific Research Questions

• What is the legal framework on refugee protection in Cameroon?
• Which institutions protect refugee in Cameroon?
• How effective is the protection of Refugees in the Northwest region?
• What policy recommendations can be made to address the problem identified?

1.4 RESEARCH OBJECTIVES

1.4.1 General Objective

To examine the enforcement of the rights of Refugees in Cameroon

1.4.1 Specific Objectives

• To assess the legal framework on Refugee protection in Cameroon
• To examine the institutions that protects Refugees in Cameroon
• To assess the effectiveness of the protection of refugees in Cameroon.
• To propose policy recommendations on effective ways to the protection of refugees right in Cameroon.