Abstract

This research delves into the protection of refugees, exploring the challenges and prospects, with a specific focus on Cameroon. The study evaluates the safeguarding of refugee rights, shedding light on various infringements of these rights. It also conducts a comprehensive analysis of the international instruments designed to protect and uphold refugee rights. Furthermore, the research assesses the legal frameworks and institutions within Cameroon dedicated to ensuring the rights of refugees. By scrutinizing these aspects, the study uncovers the obstacles that international laws and legal institutions face in fully safeguarding refugees. Additionally, the research investigates the Anglophone crisis, which erupted in 2016, escalated into an armed conflict, and prompted a significant exodus of people seeking refuge in neighboring countries. This crisis has drawn international attention, leading to efforts aimed at resolving the prolonged conflict.

Chapter One

General Introduction

1.1 Background to the Study

The development of international laws and conventions for the protection of refugees began in the 20th century, despite the longstanding issue of forced displacement and refugee movements. As this problem escalated and became an international political concern, the international community, governments, and civil societies became more engaged, leading to the need for international legal instruments to address these challenges. Forced displacement and refugee issues have impacted numerous nations, regardless of their economic development status, making them either refugee-producing or receiving countries.

Cameroon is among the developing countries that provide refuge to those in need. While Cameroon has experienced economic challenges, socio-political tensions due to high unemployment, the Anglophone crisis, and rising living costs, it remains a conducive environment for refugees and asylum seekers, particularly in Central Africa. The deteriorating security situation in neighboring countries such as the Central African Republic and Chad compels refugees to seek shelter in Cameroon.

Cameroon did not initially have its legislation specifically addressing refugee status, but it was a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. However, in 2005, Cameroon adopted its own legislation – Law No. 2005/006, which established the status of refugees in Cameroon. These international conventions and domestic laws explicitly define who qualifies as a refugee and the corresponding legal protections, assistance, and social rights granted by the state of Cameroon. These instruments also outline obligations for refugees and asylum seekers within the country of asylum.

Furthermore, following the outbreak of the Anglophone crisis in November 2016, Cameroon has faced an array of problems, including a significant influx of people from the North-West and South-West regions into the western parts of the country, causing overcrowding, homelessness, and food scarcity. The crisis has further increased the number of refugees in Cameroon as people fear for their lives in their homeland.

The Cameroonian government has been hesitant to address the political situation and resolve the conflict, which has only exacerbated the refugee situation in the country. Additionally, the influx of people from neighboring countries like the Central African Republic and Chad has added to the number of refugees within Cameroon’s borders.

1.2 Statement of the Problem

Cameroon is known as an “Oasis of Peace” in the turbulent region, attracting a significant number of refugees. While Cameroon adopted national legislation related to the status of refugees in 2005, there remain challenges in effectively protecting refugee rights. Resources in communities hosting refugees have been stretched beyond capacity, leading to competition for essentials like food, water, and healthcare. Additionally, the government’s response to the Anglophone crisis has raised concerns about its commitment to the 2005 Refugee Convention, as security operations have caused insecurity and fear.

1.3 Research Questions

This research aims to answer the following questions:

1.3.1 Main Research Question

• What mechanisms exist to protect and enforce refugee rights in international law?
• What is the legal framework for the protection of refugees in Cameroon?

1.3.2 Specific Research Questions

• How effective is the protection of refugees in Cameroon?
• What policy recommendations can address the problems identified?

1.4 Research Objectives

1.4.1 General Objective This research aims to examine the extent to which refugee rights are protected under the legal framework in Cameroon.

1.4.2 Specific Objectives

• To explore the mechanisms in place to protect and enforce refugee rights under international law.
• To analyze the legal framework for the protection of refugees in Cameroon.
• To assess the effectiveness of refugee protection in Cameroon.
• To provide policy recommendations for addressing the identified challenges.

1.5 Research Methodology

This research employs a doctrinal and qualitative research methodology, common in legal studies. Primary data is drawn from case laws, legislations, institutional documents, and official publications, while secondary sources include textbooks, journal articles, online sources, and information from human rights-focused non-governmental organizations (NGOs). The National Commission of Human Rights and Freedom, Universal Declaration of Human Rights 1948, Youth Project for Africa (YPA), and the United Nations High Commissioner for Refugees (UNHCR) are among the sources of information.

1.6 Scope of Study

This research focuses on the protection of refugees in Cameroon, particularly within the context of internally displaced persons (IDPs). Geographically, the study is limited to Cameroon, and the timeframe covers the period from 1951 to 2017, a period during which significant developments occurred in refugee protection in Cameroon.