| Click here for a summary of Cameroon’s review at the first cycle and/or the third cycle. |
16th UPR session
Date of review: 1 May 2013
Date of report adoption: 20 September 2013
Working Group report: A/HRC/24/15
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SUMMARY SOGIESC issues during Cameroon’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Ensure the protection of human rights defenders working on issues of sexual orientation and gender identity, including the rights to peacefully organise, associate, assemble and advocate around these issues without discrimination;
- Review the OHCHR report on sexual orientation and gender identity, and consider implementing the recommendations therein.
II. Excerpts from input reports
National report
There were no references to sexual orientation or gender identity.
Compilation of UN information
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
B. Right to life, liberty and security of the person
36. HR Committee remained concerned about the criminalization of consensual sexual acts between same sex adults and inhumane and degrading treatment of persons detained for having sexual relations with a same sex person. It urged Cameroon to decriminalize consensual sexual acts between same sex adults and address social prejudice and stigmatization against homosexuality.
E. Freedom of expression, association and right to participate in public and political life
59. Worried by reports of anonymous threats being made against human rights defenders working to protect the rights of lesbian, gay, bisexual and transgender (LGBT) persons, OHCHR stated that Cameroon should provide adequate protection to those human rights defenders.
62. In 2012, four Special Rapporteurs sent a joint communication concerning allegations of undue restrictions on the right to freedom of peaceful assembly. According to the information received, in March 2012, the authorities had prevented a meeting on AIDS and the human rights of sexual minorities from being held. It was also reported that the president and 14 members of the Movement for the Defence of Human Rights and Freedoms had been arrested in March 2012 during a peaceful demonstration.
Summary of stakeholders’ information
II. Information provided by other stakeholders
A. Background and framework
22. JS6 pointed out that, under article 347 (bis) of the Penal Code, sexual relations with a person of the same sex were punishable by a prison sentence of between 6 months and 5 years and a fine. JS6 recommended that Cameroon should, in particular, decriminalize consenting relations between persons of the same sex and halt detentions and prosecutions of such persons. Amnesty International (AI) and JS4 shared the same concerns and recommendations.
C. Implementation of international human rights obligations
1. Equality and non-discrimination
39. AI recommended that Cameroon take all necessary legislative, administrative and other measures to prohibit and eliminate discriminatory treatment on the basis of sexual orientation at every stage of the administration of justice.
2. Right to life, liberty and security of the person
51. AI noted that violence, arbitrary arrests and detention of men and women because of their real or perceived sexual orientation were commonplace and had been increased since the mid-2000s. JS6 recommended that all prisoners currently being held because of their sexual orientation should be released.
52. Noting that omnipresent nature of police violence against lesbian, gay, bisexual and transgender (LGBT) persons, JS6 recommended that public instructions should be issued explaining that police violence against individuals on the basis of their sexual orientation or gender identity would not be tolerated and would be subject to prosecution.
53. JS6 indicated that LGBT persons suffered violence from other members of the community and often did not demand justice for fear of being treated as criminals themselves. It therefore recommended that an independent police monitoring mechanism be set up to allow civilians to lodge complaints against the police without fear of reprisal.
54. Indicating that gays and lesbians in Yaounde´ and Douala had been subjected to blackmail, JS6 recommended that the police carry out investigations into the allegations of crimes against LGBT persons.
5. Freedom of expression, association and peaceful assembly, and right to participate in public and political life
81. JS6 noted that the authorities had tried to restrict the latitude of persons who defended the rights of LGBT persons to enjoy their freedoms of expression and association, and recommended protecting the freedoms of assembly, association and expression for all.
8. Rights to health
96. JS6 stated that the criminalization of consenting sexual relations between persons of the same sex had harmful health consequences on sexual minorities.
97. JS6 noted that, for the first time, the Strategic Plan to Combat HIV/AIDS (2011– 2015) called for preventive measures and treatment to target homosexuals. However, it did not make any real call for the decriminalization of consenting sexual relations between persons of the same sex. JS6 recommended issuing clear public information that no one would be deprived of access to health services or handed over to the police on the basis of their sexual orientation or gender identity until article 347 was repealed.
III. References to SOGI during the Working Group review
42. The United Kingdom of Great Britain and Northern Ireland urged Cameroon to speak out against threats against human rights defenders and the LGBT community and to provide security; and to decriminalize same sex acts between consenting adults. It expressed concern over violence against women; poor access to information and limitations on the press; and over bans imposed on journalists. It made recommendations.
43. The United States of America looked forward to further efforts to strengthen the rule of law and end impunity regarding human rights violations committed by security forces and public officials. It was concerned about prisons’ conditions and overcrowding; freedom of assembly, association and expression; and LGBT people. It made recommendations.
54. Australia welcomed the supplementary legislation on the functioning of the National Commission on Human Rights and Freedoms. It was concerned about prosecution of homosexuality. It called on Cameroon to implement the human rights conventions. It made recommendations.
57. Répondant aux questions concernant l’homosexualité, la délégation du Cameroun a noté que la société camerounaise n’acceptait pas encore l’homosexualité comme un comportement normal et qu’il fallait lui laisser le temps d’évoluer. La délégation a souligné que les homosexuels n’étaient pas pourchassés et que les quelques cas qui avaient été portés à l’attention de la communauté internationale avaient été des cas constatés dans les lieux publics. Il faut donc relativiser ce phénomène qui en terme quantitatif est négligeable. Par ailleurs, le droit international prévoit qu’un Etat puisse restreindre une liberté «afin de satisfaire aux justes exigences de la morale, de l’ordre public et du bien-être général dans une société démocratique».
107. Montenegro welcomed Cameroon’s signing of ICC’s Rome Statute and OP-CAT and encouraged the completion of the process required to ratify these instruments. It commended it for combatting FGM, and joined CEDAW and CAT in urging it to pass relevant legislations in this regard. It was concerned about prosecution and discrimination based on homosexual behaviour and urged to reinforce efforts to ensure safety of all HRDs. It made recommendations.
110. The Netherlands noted Cameroon’s work to promote women’s rights and combat violence and discrimination in all forms. It was alarmed about the situation of LGBT rights and the harsh prosecutions in cases of consensual relations between persons of the same sex. It made recommendations.
129. De même pour le débat sur l’homosexualité, la délégation a rappelé que toute société évoluait, qu’il fallait laisser le Cameroun poursuivre son chemin et laisser le travail de maturation des mentalités se faire.
IV. Conclusions and/or recommendations
The following recommendation enjoyed the support of Cameroon:
131.109. Investigate police violence that took place on persons [sic] because of their actual or perceived sexual orientation (Belgium).
The following recommendations were rejected by Cameroon:
131.32. Reform the Penal Code to eliminate homosexuality as a criminal offence (Spain);
131.33. Adopt measures to decriminalise consensual sexual acts among adults of the same sex so as to adapt its legislation to the International Covenant on Civil and Political Rights (Uruguay);
131.34. Establish a moratorium on the implementation of Article 347bis of the Penal Code that “shall be punished by imprisonment of six months to five years and a fine a person who has sexual relations with a person of the same sex” and encourage non-violence towards all, regardless of sexual orientation, as well as the protection of defenders of these rights, including their lawyers (Canada);
131.35. Decriminalize consensual sexual relations between adults of the same sex (France);
131.36. Decriminalize same-sex relationships, protect LGBTI from violence from other members of the society and fight against prejudices against LGBTI persons by awareness raising campaigns (Germany);
131.37. Reiterate its recommendation made during the UPR in 2009 calling for decriminalization of homosexuality in Cameroon (Netherlands);
131.38. Decriminalise consensual sexual acts among adults of the same sex and adopt measures to eliminate social prejudices and stigmatization of homosexuality (Mexico);
131.84. Undertake public actions aimed at eliminating discrimination based on sexual orientation (Spain);
131.85. Adopt appropriate measures to tackle social prejudices, stigmatization, harassment, discrimination and violence against individuals because of their sexual orientation (Uruguay);
131.86. Adopt necessary measures to avoid discrimination, and to protect and integrate the LGBT population (Argentina);
131.87. Take all necessary measures, including legislative and administrative, to prohibit and eliminate all discriminatory treatment based on sexual orientation (Belgium);
131.88. Adopt further legislative, administrative and other measures to eliminate discriminatory treatment on the basis of gender identity (Czech Republic);
131.107. Respect article 12 of the Constitution, which protects privacy, and eliminate abuses of this article that lead to arbitrary arrests and prosecutions on charges related to consensual same sex relations (United States of America);
131.108. Urgently repeal legislation criminalising consensual homosexual activity and release from detention individuals convicted of those offences (Australia);
131.110. Ensure adequate protection of defenders of human rights that help LGBT persons (Belgium).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 24th session of the Human Rights Council in September 2013.
Response of the State under review
ANATOLE FABIEN MARIE NKOU, Permanent Representative of Cameroon to the United Nations Office at Geneva, underscored that on homosexuality, its criminalization was not, according to Cameroon’s legal system, at odds with the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Attention was drawn to the risks of radicalization that these recurrent pressures would have on the society, giving rise to identity reactions, including that this practice was felt to be imposed from the outside, and provided a threat to social equilibrium.
Comments by States and other stakeholders
Commonwealth Human Rights Initiative noted that journalists, human rights defenders and political parties that criticised Government policies faced harassment. Arbitrary arrests and detention based on sexual orientation and gender identity were common, often accompanied with abuse of due process safeguards.
Human Rights Watch said that it was disappointed that Cameroon had rejected virtually all recommendations related to sexual orientation and gender identity. It was pleased, nevertheless, that Cameroon had accepted Belgium’s recommendations to investigate incidents of police violence against individuals on the basis of sexual orientation.
International Lesbian, Gay, Bisexual, Trans and Intersex Association said that the security situation for lesbian, gay, bisexual and transgender persons was becoming increasingly worse, and human rights defenders were often subjected to intimidation and threats. Cameroon should recognize members of the lesbian, gay, bisexual and transgender community.
International Federation for Human Rights Leagues regretted that Cameroon had rejected all recommendations about lesbian, gay, bisexual and transgender persons, who were regularly subjected to acts of intimidation, harassment, threats and torture. Lawyers and human rights defenders were also being harassed but no investigations had been conducted or security measures taken by Cameroon.
Amnesty International said it had received reports of the harassment, arrest and un-investigated killing of human rights defenders and advocates for lesbian, gay, bisexual and transgender people such as Eric Ohena Lembembe in Cameroon. Both the discriminatory legislative framework for sexual and gender minorities and the culture of impunity attached to violence against them must be reformed.
Closing remarks of the State under review
ANATOLE FABIEN MARIE NKOU, Permanent Representative of Cameroon to the United Nations Office at Geneva, in concluding remarks, said that Cameroon was neither heaven nor paradise but was committed to doing everything possible to strengthen human rights. The overall tone of comments about recommendations on homosexuality showed that certain countries had failed to understand that homosexuality was a very sensitive issue in certain societies and that the situation could not change overnight. Responding to the killing of Eric Ohena Lembembe, Cameroon stated that there was “no proof” that he was killed because of his sexual orientation, and that he “might have committed crimes and he was the victim of a settlement of scores which was all too quickly attributed to the Cameroon Government”. The delegation called on the Council to “look at the details of this person’s life and you will understand why he died.”
VI. Further information
UPR Documentation