ABSTRACT

This work is about the protection of refugees as myths or reality. Here, we examine the protection of refugees using Cameroon as our case study. The work goes further to assess the various refugee rights which are violated. Also, in this work, we examined the various international instruments protecting and preserving the rights of refugees. In addition, this work goes further to access the legal laws and institutions which protect and preserve the rights of refugees in Cameroon. By looking all this, we are going to discover the challenges faced by the international laws and legal institutions, to ensure a successful protection of refugees to an extent. Furthermore, this work goes further to examine the Anglophone crisis which started since 2016 and has generated since then to an armed conflict and causing numerous people to flee away from the country to settle in neighbouring countries and which have put the country under international watch, and due to effort to bring the long crisis to end. There are also challenges of basic needs such as good drinking water, insecurity around the camps and borders, challenges of education, food shortage and lack of access to essential services such as health care which weakens the protection of refugees.There is a need to create an independent and fully developed national institution to implement and coordinate refugee protection.

CHAPTER ONE

                                    GENERAL INTRODUCTION 

1 .Background To Study

The idea of developing bodies of international laws and conventions to protect refugees, only began in the 20^th century despite the ancient nature of forced displacement and refugee movements. The international community, government and societies became more involved as the problem of forced movement escalated and became an international political issue requesting international legal instruments as the framework for their solution. The incidence offered displacement and its problems have affected many nations including developed, developing and underdeveloped countries either as refugees producing or receiving countries or both as the case may be. Cameroon is one of the developing countries which creates rooms for refugees. Cameroon offers a conducive environment for refugees and asylum seekers in central Africa, though the country is witnessing a bad economic situation and socio-political tensions due to the high unemployment, the Anglophone crisis and the rising cost of living. The deterioration of the security situation in neighboring Central African Republic [CAR] and the war in Chad are the constant push factors for refugees to enter Cameroon.

Cameroon did not have its own legislation concerning the status of refugees. But

This does not mean that it was silent on refugee’s affairs. Cameroon was a party or signatory of the 1951[1] Convention Relating to the Status of Refugees and the 1967 protocol and the 1969[2] OUA Convention Governing Specific Aspects of Refugee Problems in Africa. Then in 2005, Cameroon adopted its own legislation. The adoption of law No 2005/006 of July 2005[3] relating to the status of refugees in Cameroon1[i]. These conventions and laws clearly spelled out who is a refugee and the kind of legal protection, assistance and social rights he or she should receive from the state of Cameroon. They also provide some obligations for refugees and asylum seekers within and oblige them to respect these obligations in respect of what is expected of them in their country of asylum. The development of refugee law and politics has been slow. Until 2005, Cameroon really had no domestic refugee’s legislation. Instead of having a document relating refugee rights there were simply referred to as non-nationals and subsumed under the boarder immigration laws.

It is of great importance to maintain the fact that law No 1990/042 of 1990[4] which laid down conditions of entry stay and exit in Cameroon, does specifically maintain the term “refugee” it does not asset the inviolability of Cameroon’s border and emphasize the necessity of proper documentation for any movement into and out of Cameroon, contrasting with the fluids mobility that existed before the institutions of national borders. Furthermore, the 1997 immigration act does not mention refugees but states also only that a refugee card will be delivered to people which are qualified for asylum.

1.2 STATEMENT OF THE PROBLEM 

The statement of the problem in this topic is the violation of some of the rights of refugees, and this research is to emphasize on the protection of the rights of refugees in Cameroon.

Cameroon is affected by 3 simultaneous and complex humanitarian crises; (1) In the countries Far North, close to Lake Chad and Nigeria (Boko Haram)[5], (2) in the North West and South West regions[6] (where arm groups are fighting the government ), and (3) in the neighbouring Central African Republic.

As of January 2011, UNHCR reported that there were more than 106,000 refugees and asylum seekers living in Cameroon[7], over 14,000 of them living in urban and peri-urban areas. The majority come from neighbouring and nearby states such as Burundi, Central African Republic, Chad, Democratic Republic of Congo, Nigeria.     All 3 humanitarian emergencies also affect host communities, which share their already scarce resources and strained basic services with those who are displaced.

Cameroon is signatory to most conventions and treaties that articulate human right, including the 1951 Convention relating to the Status of Refugee and 1967 Protocol (hereafter referred to as the “1951 convention”) and the 1969 Organization of African Union Convention Governing the specific Aspect of Refugee Problems in Africa (hereafter referred to as the “OAU Convention”). Cameroon adopted national legislation regarding the status of refugees in 2005. Of particular importance are the provisions found in chapter 3 of the law, which outlined the rights and obligations of refugees hosted in Cameroon. Article 9 grant refuges several important right, including the right to practice religion freely, the right to property, freedom of association, the right to sue, the right to work, the right to education, the right to housing, freedom of movement, the right to obtain identity and travel document. Article 10 state that, refugees are required to comply with the same laws and regulations on the same basis as nationals.

Cameroon has aspirations of meeting the Sustainable Development Goals by 2030 and becoming an upper-middle-income country by 2035. While economic growth has accelerated over the last decade, the number of poor people in the country rose by 12 percent between 2007 and 2014. Until recently, Cameroon had avoided the instability and violence that other countries in the Central African Region have experienced, but the country is increasingly vulnerable. Persistent attacks by Boko Haram on the border in the far North, influxes of refugees from neighboring countries, and violent confrontation between Government security forces and separatists fighters in the North West and South West regions put development gains at risk.

We acknowledge the part the government has played in protecting these right. That is why some of the measures taken by the government will be seen below.

The project seeks to explain if the Protection of the right of Refugees in Cameroon is a Myth or a Reality.     

1.3 Research Questions

This research seeks to answer the following questions:

1.3.1 Main Research Question

1. What are the mechanisms put in place to protect and enforce refugee rights in international law?

1.3.2 Specific Research Questions

1. What constitute the concept of refugee and related concepts?
2. What is the legal and institutional framework on the protection of refugees?
3. What are the challenges faced in the protection of refugees in Cameroon?
4. What policies can be recommended to address the problems identified?

1.4 Research Objectives

1.4.1 General Objectives

1. The goal of this research is to examine the mechanisms put in place to protect and enforce refugee rights in Cameroon.

1.4.2 Specific Objectives

1. To discuss on the concept of refugees and related concept.
2. To discuss on the legal and institutional framework on the protection of refugees
3. To discuss on the challenges faced by refugees in cameroon
4. To make policy recommendation to address the problem identified.

[1] The Geneva convention of 28 July 1959.

[2] OAU convention governing the specific aspect of refugee problems in Africa. September 10 1969.

[3] Cameroon legislation relating to the statues of Refugees right.

[4] The 1990 legislation on refugee

[5] The Boko Haram insurgency

[6] The Anglophones crises in southern cameroon

[7] The UN Refugees agency