Asylum in Cameroon: how refugee status is requested

Article 2 of Law No. 2005/006 adopts both international definitions. A refugee is a person outside their country of nationality, or of habitual residence for stateless people, who has a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group or political opinion. The law also covers anyone forced to leave their habitual residence because of external aggression, occupation, foreign domination or events seriously disturbing public order in part or all of their country, as in the 1969 OAU Convention.

The law excludes people for whom there are serious reasons to believe they committed a crime against peace, a war crime or a crime against humanity, a serious non-political crime abroad before admission, or acts contrary to the purposes of the African Union or the United Nations. Unaccompanied children benefit from refugee status, subject to the necessary verifications, and the law applies without discrimination as to gender, religion, race or nationality.

Article 7 requires every asylum seeker to present themselves to the competent authorities within fifteen days of entering the national territory. The authority draws up a detailed record (procès-verbal) of the person's civil status, profession, nationality, the precise reasons for leaving, the reasons for choosing Cameroon and any information useful for the examination. It then issues a safe-conduct valid for two months, which cannot be renewed, and sends the file without delay to the Refugee Status Eligibility Commission.

A foreigner already in Cameroon who cannot return home for the reasons in Article 2 may also lodge a claim; the implementing decree sets the procedure. A claim may be declared inadmissible if the person stayed in a first country of asylum, meaning a safe third country where they were admitted as a refugee or otherwise enjoy protection they can still use. The law does not provide for asylum applications at Cameroonian embassies abroad.

Refugees lawfully settled in Cameroon enjoy the rights of chapters II to V of the 1951 Convention and the OAU Convention, within the limits of the rights granted to nationals, including non-discrimination, freedom of religion, property, association, access to courts, work, education, housing, social assistance, freedom of movement, identity and travel documents, transfer of assets and naturalisation. For salaried or self-employed work and related social benefits they are treated as nationals, and they pay the same school and university fees as nationals.

Each recognised refugee receives a refugee card. Under Decree No. 2023/147 it is a red biometric card valid two years and renewable, issued on presentation of the identification card delivered by UNHCR and a refugee attestation issued by the Minister of External Relations, and renewed with the old card and attestation at least one month before expiry, free of stamp duty. Refugees are also entitled to the Convention travel document. Family members who accompany or join a refugee are refugees too, unless they hold another nationality whose protection they enjoy.

Refugees must respect Cameroonian law and may not conduct, from Cameroonian territory, any destabilising activity against Cameroon, their country of origin or any other state. A refugee lawfully in the country may only be expelled on grounds of national security or public order, by a decision taken under the law and notified to UNHCR.

No one may be turned back at the border or subjected to any measure forcing them to return to or remain in a territory where their life, physical integrity or freedom would be threatened. A person who entered or stays irregularly, coming directly from such a territory, faces no criminal penalty provided they report without delay; if held for investigation, custody may not exceed 24 hours, renewable twice.

No expulsion or removal of an asylum seeker may be carried out before the Eligibility Commission decides, unless dictated by national security or public order or ordered under the law, and even then it may not force return to a country where the person's freedom would be threatened. An asylum seeker holding the receipt of the filed claim may move freely but must inform the immigration authority of travel and changes of address and report when required.

Article 16 creates two bodies: the Refugee Status Eligibility Commission and the Refugee Appeals Commission, whose organisation and procedure rules are set by decree. A negative decision of the Eligibility Commission is challenged before the Appeals Commission. Article 17 states that decisions of these two bodies cannot be appealed to the ordinary national courts. The official texts consulted do not state the deadline for lodging an appeal, so ask the authority that notifies the decision.