Decriminalising same-sex conduct in Cameroon

Abstract

In Cameroon, as in many other African countries, there is a law prohibiting same-sex relationships. The relevant provision, Article 347bis of the Cameroonian Penal Code (Law No 65-LF-24 of 12 November and Law No 67-LF-1 of 12 June 1967), states as follows: “Whoever has sexual relations with a person of the same-sex shall be punished with imprisonment for from six months to five years and fine from 20 000 to 200 000 francs.” This study assesses the law criminalizing same-sex relationships in Cameroon as being discriminatory and encouraging a homophobic society and as contributing to the stigmatization and marginalization of lesbian, gay, bisexual and transgender (LGBT) people. Both State and non-State actors in Cameroon do not accept the practice of homosexuality due to the conservative nature of traditional cultural values and religious beliefs. Consequently, presumed LGBT people are frequently harassed, persecuted and arbitrarily arrested on suspicion of their sexual identity. Moreover, the rejection and denial of LGBT people make them live in fear and hiding. It also exposes them to the greatest risk of HIV infection. It is argued in this study that the criminalisation of consensual same-sex conducts violates the rights to privacy, equality, fair trial, human dignity and the principle of non-discrimination enshrined in the Cameroon Constitution and the various international human rights instruments that Cameroon has ratified. It also deprives LGBT people of their rights to education and health merely on the basis of them being who they are. The finding from this study indicates that the law alone is not enough to make a social change. Perspective and inputs from other disciplines such as Sociology, Anthropology, Psychology and Science of Education need to enhance the arguments for the decriminalisation of same-sex conduct. This study also shows the harmful impact that the law criminalising same-sex behaviour has on LGBT people as well as the society as a whole. Thus, it is very important for the Cameroonian government to take the first step towards decriminalisation of same-sex relationships in order to respect its obligation to respect, promote, protect and fulfil everyone‟s human rights without distinction of any, according to its international commitments and agreements. The government should also take a great and dynamic initiative regarding the educational aspect because education is a vital key for significant progress and change.