Cameroon: Situation of sexual minorities, including legislation; treatment by government and society, including state protection and support services (2011-January 2014)

1. Legislation

Sources state that homosexual acts are illegal in Cameroon (AI 25 June 2013; ILGA May 2012). Sources also indicate that Section 347a of the Cameroonian penal code of 1965 and 1967 provides for imprisonment from six months to five years for sexual acts with someone of the same sex (IGLHRC 14 Aug. 2013; Freedom House 10 Apr. 2013; ILGA May 2012), and a fine of 20,000 Central African Francs (XAF) [about C$45 (XE 16 Jan. 2014a)] to 200,000 XAF [about C$453 (XE 16 Jan. 2014b)] (ILGA May 2012; IGLHRC 14 Aug. 2013).

1.1 Implementation of Legislation

Human Rights Watch reports that "Cameroon prosecutes people for consensual same-sex conduct more aggressively than almost any country in the world" (Mar. 2013, 1). Sources say that prosecutions are often based on little or no actual evidence (AI Apr. 2013, 24; Human Rights Watch Mar. 2013, 1).

Freedom House states in Freedom in the World 2013 that at least 29 people have been prosecuted under the penal code's Article 347 since 2010 (2013). A 25 September 2013 Human Rights Watch article reports that "[s]ince the beginning of 2013, at least six people ha[d] been convicted for homosexuality; not a single one was caught having sex."

In a separate report, Human Rights Watch reports that

[i]n early 2012, President Paul Biya told diplomats that although he was not prepared to call for the decriminalization of homosexuality in Cameroon, he would seek to impose a moratorium on arrests under article 347 bis. However, no progress had been made to substantiate this commitment at time of writing. In January 2013, during a press conference in France, Biya spoke of a 'change of mind' in Cameroon regarding homosexuality, but did not commit to taking any specific steps to decriminalize. (Mar. 2013, 4)

A spokesperson for the UN High Commissioner for Human Rights (UNHCHR) said in a November 2012 press release that "while the penal code relates specifically to sexual conduct, we are seriously concerned that it is being applied in a broad-brush way to prosecute many individuals on the basis of their appearance, their mannerisms, style of speech or general conduct" (16 Nov. 2012). According to Human Rights Watch, "Cameroon's anti-homosexuality law is easily subject to abuse, and can be used by virtually anyone as a method of settling scores" (Mar. 2013, 2).

A representative of the International Gay and Lesbian Human Rights Commission (IGLHRC), an international organization "dedicated to human rights advocacy on behalf of people who experience discrimination or abuse on the basis of their actual or perceived sexual orientation, gender identity or expression" (IGLHRC n.d.), provided the Research Directorate with an advance copy of a submission to be presented jointly by the Cameroonian Foundation for AIDS (CAM-FAIDS), IGLHRC, and Lady's Cooperation to the UN Committee on the Elimination of Discrimination against Women (CEDAW) in February 2014. The report, entitled Human Rights Violations against Lesbians, Bisexual Women, and Transgender People in Cameroon, expresses the view that lesbians, bisexual women, and transgender indivdiuals are routinely "distrusted by the justice system as witnesses of crimes, or arrested or convicted because of who they are, what they look like, or because they attempt to assert their bodily autonomy or right to privacy" (CAM-FAIDS et al. Feb. 2014, 3).

2. Treatment of Sexual Minorities in Cameroon

Freedom House describes prejudice and discrimination against the LGBT community as "pervasive" (2013). Sources say that discrimination is experienced by both gay men and lesbians (US 19 Apr. 2013, 33; AI Apr. 2013, 29). Amnesty International (AI) reports that "grave violations of the human rights of individuals because of their real or perceived sexual orientation have become commonplace in Cameroon" (ibid. 20 Sept. 2013).

2.1 Treatment by Government Authorities

Human Rights Watch notes that "the majority of torture or ill-treatment of alleged gays and lesbians that we documented was at the hands of gendarmes" (Mar. 2013, 41). AI reports that individuals

are frequently held without charge for more than 48 hours, the maximum time in custody allowed by law. Detainees are reported to have been beaten, subjected to anal examinations by medical doctors without consent and other cruel, inhuman, or degrading treatment or punishment, and held in solitary confinement. Some individuals accused of same-sex sexual conduct have been imprisoned for up to three years without charge or trial. In most cases, arrests are made on the basis of appearance or because neighbours or family members denounce a person as 'homosexual', rather than on evidence of the acts that are defined as offences in the law. (Apr. 2013, 23)

Similarly, Human Rights Watch states that

victims reported suffering torture or cruel, inhuman or degrading treatment at the hands of gendarmes, police, intelligence agents, or prison wardens. Because most homosexuality prosecutions in Cameroon depend on a confession, the risk of law enforcement officials resorting to torture or ill-treatment in order to extract confessions may be particularly acute. (Mar. 2013, 41)

Further, the US Country Reports on Human Rights Practices for 2012 states that individuals incarcerated for homosexual acts "suffered discrimination by and violence from other inmates" (19 Apr. 2013, 5).

Quoted in an AI report, a Cameroonian human rights defender noted that "in Cameroon, 'corruption and extortion [by police] is a real problem - not only extortion targeted at gay men, but [also] ... men who are caught buying condoms, even though that is legal'" (Apr. 2013, 27). Human Rights Watch reports that "several individuals wound up being prosecuted for homosexuality because they were unable to pay sizable bribes demanded by gendarmes or police" (Mar. 2013, 47).

AI reports that

[p]olitical leaders not only condone these human rights abuses but many celebrate them as a way of opposing the "foreign imposition" of a "homosexual culture." High-level leaders fuel public prejudice against LGBTI individuals by linking homosexuality to child abuse, and the national human rights commission itself refuses to recognize the discriminatory aspect of the criminal law. (Jan. 2013, 28)

2.2 Treatment by Cameroonian Society

AI, in its 2013 Republic of Cameroon: Making Human Rights a Reality, states that "the pervasive prejudice against LGBTI individuals that is perpetuated by law and practice creates an environment in which people believe - often rightly - that they can abuse LGBTI individuals with impunity" (Jan 2013, 33). Human Rights Watch reports that "[o]rdinary citizens at times express virulent hatred toward lesbian, gay, bisexual, and transgender (LGBT) people" (Mar. 2013, 10). The CAM-FAIDS et al. submission to be presented to CEDAW states that, in Cameroon, "women in same-sex relationships are ... at times thought to be 'witches,' thus stigmatizing their private lives as evil - often leading to violence or ostracism - because they do not adhere to prevailing gender roles" (CAM-FAIDS et al. Feb. 2014, 3). The paper goes on to say that LGBTI people are targeted for violence and are victims of homophobic crimes (ibid., 4).

Human Rights Watch reports that arrests and homosexuality cases that are dropped or result in acquittals can have longstanding implications for the defendants. Criminal charges have involuntarily "outed" many people in Cameroon, with devastating results, including expulsion from the family or community. (Mar. 2013, 49)

Corroboration could not be found among the sources consulted by the Research Directorate within the time constraints of this report.

Human Rights Watch reports that "newspapers regularly publish sensational stories about alleged homosexuals" (Mar. 2013, 9). AI notes that "the media, particularly newspapers ... have also been involved in fuelling prejudice and hatred against LGBTI individuals" (AI Jan. 2013, 29). The same report states that Cameroonian religious leaders "have been involved in promoting prejudice against LGBTI individuals" (ibid., 30). In an interview published on 2 July 2013 in Afrik.com, an independent online international newspaper on African news (Afrik.com n.d.), a Cameroonian LGBTI lawyer states that messages of hate are spread by the Catholic churches. On 20 July 2013, Agence France-Presse reported that 11 Cameroonian human rights groups had issued a statement charging that "religious authorities, the Cameroonian Roman Catholic Church in particular, take a position on homosexuality in order to incite violence." In a press release on 23 July 2013, the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA) stated that "religious leaders, the Catholic Church in particular, public[ly] condemn homosexuality and incite protests against the issue."

2.3 Reports of Arrests of and Violence by the Government and Society Against Sexual Minorities

Sources note the following incidents of arrests and violence against sexual minorities in Cameroon:

Human Rights Watch reports the arrest of two men after a sack of condoms and lubricant was found in their house while police were searching for a stolen laptop. The men were convicted and sentenced to six months in prison for homosexuality (Mar. 2013, 2).

Country Reports 2012 reports the arrest of three men in 2011 in Yaoundé because they appeared effeminate, two of whom were beaten until they confessed to being gay (US 19 Apr. 2013, 34).

Sources report the conviction of a man in 2011 who sent a "sexually explicit" text message to another man (ibid.; HRW Mar. 2013, 2; Civil Society Organizations Oct. 2012, 2). The UN Integrated Regional Information Network (IRIN) reports that he was released in June 2013 on health grounds (16 Sept. 2013).

Sources report that, in March 2012, police shut down a workshop on the rights of sexual and gender minorities in Yaoundé (AI Apr. 2013, 32; Civil Society Organizations Oct. 2012, 5).

A submission to the UN Human Rights Council for the Universal Periodic Review, written by six Cameroonian NGOs, Human Rights Watch, and IGLHRC, states that, in May 2012, "a mob ... attacked an LGBT gathering ... to celebrate the International Day against Homophobia" in Yaoundé (ibid.).

The Universal Periodic Review submission also states that, in February 2012, police in Douala arrested a young man, "accused him of homosexuality," and forced him to denounce the organization Alternatives-Cameroun, a Cameroonian-based LGBTI support centre (Centerlink n.d.), on television in exchange for his release, forcing the organization to suspend its activities due to hostility from the public (Civil Society Organizations Oct. 2012, 1).

ILGA reports that, on 19 June 2013, two women were arrested for homosexuality and sentenced to nine months in prison (24 June 2013).

Sources report that 100 young men and women held an anti-gay rally organized by the Association of Cameroonian Youth in Cameroon's capital by posting signs on bars suspected of being gay-friendly and on school buildings (AP 21 Aug. 2013; Pink News 21 Aug. 2013).

2.4 State Protection and Support Services

AI states that Cameroonian authorities "failed to protect people who were subjected to attacks and other abuse by non-state actors" (2013, 52). The Cameroonian lawyer interviewed by Afrik.com said that the Cameroonian state no longer knows how to manage this issue and continues to sign international conventions of LGBTI issues but does not respect them (2 July 2013).

AI further states that

victims of abuse and harassment are often scared to seek protection from the police, who too often participate in the abuse and subject individuals suspected of being gay, lesbian, bisexual, or transgender to cruel, inhuman, or degrading treatment. (Jan. 2013, 27)

Human Rights Watch reports that "some people who are accused of homosexuality lack any legal representation, and when due process violations occur in cases against them, they may never come to light" (Mar. 2013, 3). Similarly, the Civil Society Organizations' submission in 2012 to the Universal Periodic Review says that "LGBT people who are victims of crime in Cameroon can be denied justice on the basis of their sexual orientation or gender identity" (Oct. 2012, 4).

Freedom House reports that "[l]awyers representing clients [accused of] homosexuality were subjected to threats of violence throughout 2012 due to their work" (2013). Human Rights Watch similarly reports that

since late 2012, two lawyers that have defended clients charged with homosexuality have received a series of threats, by text message and email, menacing the lawyers and their children with violence. Cameroonian authorities had taken no action [as of March 2013] to publicly denounce the threats, although the lawyers had reported them, and no one had been apprehended in relation to these threats (Mar. 2013, 3).

The Civil Society Organizations' 2012 Universal Periodic Review submission notes that "Cameroon has insufficient measures to uphold the right to health for LGBT people" (Oct. 2012, 1).

2.5 Non-Governmental Support Services

The Civil Society Organizations' 2012 Universal Periodic Review submission states that "[o]rganizations supporting LGBT rights in Cameroon are at risk" (Oct. 2012). The UNHCHR reports that "civil society organizations that have spoken out on behalf of LGBT people have also been threatened and intimidated" (UN 16 Nov. 2012). Sources report that on 26 June 2013, the office of Alternatives-Cameroun was destroyed in a fire in Douala (AP 17 July 2013; Human Rights Watch 1 July 2013).

The UNHCHR reports of "anonymous threats being made against human rights defenders working to protect the rights of LGBT persons" (UN 16 Nov. 2012). The IRIN reports that a Cameroonian LGBTI lawyer said in an interview that lawyers and activists have "received threats, and nothing happens when we complain to the police because they know they are protected by impunity from higher levels of authority" (ibid. 16 Sept. 2013). Sources report that Eric Ohena Lemembe, a human rights defender, journalist who focused on LGBTI rights, and the Executive Director of the Cameroonian Foundation for AIDS, was killed on 15 July 2013 (UN 19 July 2013; IGLHCR 16 July 2013; Human Rights Watch 25 Sept. 2013). Human Rights Watch reports that Cameroon's ambassador to Geneva stated that Lemembe was murdered "because of his 'personal life'" (ibid.).

On 25 July 2013, the Guardian reported that gay rights groups in Cameroon sent a letter to the Global Fund to Fight AIDS, Tuberculosis and Malaria as well as to other AIDS donors to say that they had gone on strike, refusing to continue to work on AIDS programs until foreign donors improved security for their services (The Guardian 25 July 2013). The groups stated that Cameroon's "long-decried climate of homophobia has intensified and now has reached a critical point" making it unsafe for them to conduct their work (ibid.). A response on behalf of the Global Fund could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Afrik.com. 2 July 2013. Cheikh Dieng. "Homosexualité au Cameroun: 'Le Chemin vers la dépénalisation est irréversible'." [Accessed 9 Jan. 2014]

_____. N.d. "Présentation." [Accessed 13 Jan. 2014]

Agence France-Presse (AFP). 20 July 2013. "Proper Probe of Cameroon Gay Activist's Murder Urged." [Accessed 16 Jan. 2014]

Amnesty International (AI). 20 September 2013. Public Statement; "Cameroon in Denial Over Increased Attacks on Human Rights Defenders and Discrimination Against LGBTI Advocates." (AFR 17/003/2013). Sent to the Research Directorate by a representative on 9 January 2014.

_____. 25 June 2013. Facts and Figures; "Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa." (AFR 01/007/2013) [Accessed 8 Jan. 2014]

_____. 23 May 2013. "Cameroon." Amnesty International Report 2013: The State of the World's Human Rights. (POL 10/001/2013) [Accessed 9 Jan. 2014]

_____. April 2013. Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa. (AFR 01/00/2013) [Accessed 9 Jan. 2014]

_____. January 2013. Republic of Cameroon: Make Human Rights a Reality. (AFR 17/001/2013) [Accessed 9 Jan. 2014]

Associated Press (AP). 21 August 2013. Divine Ntaryike. "Cameroon Rally Targets Suspected Gay Bars." [Accessed 8 Jan. 2014]

_____. 17 July 2013. "Prominent Gay Rights Activist Killed in Cameroon." [Accessed 17 Jan. 2014]

Cameroonian Foundation for AIDS (CAM-FAIDS), International Gay and Lesbian Human Rights Commission (IGLHRC), and Lady's Cooperation. Febuary 2014. Human Rights Violations Against Lesbians, Bisexual Women and Transgender People in Cameroon. Submission to the Committee on the Elimination of Discrimination against Women (CEDAW). Sent to the Research Directorate by a representative of the International Gay and Lesbian Human Rights Commission (IGLHRC) on 13 January 2014.

Centerlink. n.d. "Alternatives-Cameroun." [Accessed 13 Jan. 2014]

Civil Society Organizations. October 2012. UPR Submission: Cameroon. [Accessed 9 Jan. 2014]

Freedom House. 2013. "Cameroon." Freedom in the World 2013. [Accessed 17 Jan. 2014]

The Guardian. 25 July 2013. Afua Hirsch. "Cameroon Gay Rights Groups Go on Strike." [Accessed 8 Jan. 2014]

Human Rights Watch. 25 September 2013. "Cameroon: Official Blames Activist for His Own Murder." [Accessed 9 Jan. 2014]

_____. 1 July 2013. "Cameroon: Spate of Attacks on Rights Defenders." [Accessed 8 Jan. 2014]

_____. March 2013. Guilty by Association: Human Rights Violations in the Enforcement of Cameroon's Anti-Homosexuality Law. [Accessed 8 Jan. 2014]

International Gay and Lesbian Human Rights Commission (IGLHRC). 16 July 2013. "Cameroon: Leading LGBTI Human Rights Defender Fatally Attacked." [Accessed 8 Jan. 2014]

_____. 14 August 2013. "Cameroon." [Accessed 8 Jan. 2014]

_____. N.d. "About our Work." [Accessed 13 Jan. 2014]

International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA). 23 July 2013. "African Organisations Call upon the Cameroonian Government, the Media and Religious Leaders." [Accessed 16 Jan. 2013]

_____. 24 June 2013. Eric O. Lembembe. "Cameroon: Two Lesbians Sentenced to Nine Months." [Accessed 8 Jan. 2014]

_____. May 2012. State-Sponsored Homophobia: A World Survey of Laws Criminalising Same-Sex Sexual Acts Between Consenting Adults. [Accessed 9 Jan. 2014]

Pink News. 21 August 2013. "Cameroon: over A Hundred Take Part in Anti-Gay Rally Targeting Suspected Gay Friendly Bars." [Accessed 17 Jan. 2014]

United Nations (UN). 16 September 2013. Integrated Regional Information Network (IRIN). "No Action on Homophobic Violence in Cameroon." [Accessed 8 Jan. 2014]

_____. 19 July 2013. UN News Service. "Murderer of Gay Rights Activist in Cameroon Must be Held Accountable, Says UN Rights Office." [Accessed 9 Jan. 2014]

_____. 16 November 2012. UN High Commissioner for Human Rights (UNHCHR). "Briefing Notes: Cameroon/Homophobia." [Accessed 9 Jan. 2014]

United States (US). 19 April 2013. Department of State. "Cameroon." Country Reports on Human Rights Practices for 2012. [Accessed 8 Jan. 2014]

XE. 16 January 2014a. "XE Currency Converter." [Accessed 16 Jan. 2014]

_____. 16 January 2014b. "XE Currency Converter." [Accessed 16 Jan. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following persons and organizations were unsuccessful within the time constraints of this Response: Africa Gay; Alternatives Cameroon; Human Rights Watch; the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA).

Internet sites, including: Africa Confidential; AllAfrica.com; BBC News; Cameroon Web News; ecoi.net; Factiva; The Huffington Post; National Geographic; Pinknews.co.uk; Reuters; Voice of America.