| Click here for a summary of Cameroon’s review at the first cycle and/or the second cycle. |
30th UPR session
Date of review: 16 May 2018
Date of report adoption: 20 September 2018
Document number: A/HRC/39/15
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SUMMARY SOGIESC issues during Cameroon’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
National human rights framework
8. Amnesty International 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. It recommended that Cameroon should, in particular, decriminalize consenting relations between persons of the same sex and halt detentions and prosecutions of such persons. Humanity First Cameroon, Amnesty International and Front Line Defenders shared the same concerns and recommendations.
Equality and non-discrimination
11. JS5 documented multiple harassment and intimidation of LGBT people in Cameroon. It reported various cases of arbitrary arrest and abuse by police for consensual same-sex conduct. It recommended that Cameroon release all prisoners who are currently detained on the basis of sexual orientation. It also urged the government to ensure that police receive a human rights training related to sexual orientation and gender identity and to investigate and prosecute the human rights abuses committed by the police. Amnesty International had similar concerns and further recommended that Cameroon decriminalize consensual same-sex relations.
12. JS5 noted that LGBT persons are denied access to justice, health and education. It urged Cameroon to decriminalize consensual same sex conduct, to ensure the right of health care for LGBT people and to investigate cases of denial of treatment based on sexual orientation. It recommended that the government investigate expulsions from school based on sexual orientation and conduct an awareness campaign on discrimination based on sexual orientation and gender identity.
13. Humanity First Cameroon (HFC) denounced the country’s repressive laws on lesbian, gay, bisexual and transgender persons and the increase in acts of violence and discrimination against such persons.
14. HFC stated that these acts of violence are a direct result of laws that criminalize sexual relations between persons of the same sex. It strongly denounced the practice of subjecting homosexual persons to anal examinations. It recommended that the practice of anal examinations should be prohibited and that consensual relations between persons of the same sex should be decriminalized. HFC recommended that the authorities should prosecute police officers who commit abuses against lesbian, gay, bisexual or transgender persons, should release all prisoners who are currently detained on the basis of their sexual orientation and should take steps to raise public awareness of the rights of such persons.
Right to health
41. Humanity First Cameroon stated that the climate of homophobia in Cameroon is hindering homosexual persons’ access to HIV-related health services.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
16. The Committee on the Rights of the Child remained concerned about the persistent discrimination against children in marginalized and disadvantaged situations. It referred to the rejection by Cameroon of the identity of lesbian, gay, bisexual, transgender and intersex children and to the discrimination experienced by such children. It urged Cameroon to adopt and implement comprehensive legislation to protect all children against discrimination.
IV. References to SOGIESC issues during the Working Group review
65. Spain commended Cameroon for having strengthened its national human rights institutions, although it remained concerned about reports of cases of female genital mutilation, forced marriage and the criminalization of same-sex relations.
83. Australia commended Cameroon on its new Penal Code and its continuation of the moratorium on death penalty, although remained concerned about the persistence of prosecution and violence against minority groups, such as lesbian, gay, bisexual, transgender and intersex individuals.
108. Ireland was pleased to note the steps taken by Cameroon to combat violence against women and children, but remained concerned about reports of violence and discrimination against members of the lesbian, gay, bisexual, transgender and intersex community and human rights defenders.
V. Conclusions and/or recommendations
Cameroon rejected the following recommendations:
121.52 Consider repealing provisions that criminalize homosexuality (Italy);
121.74 Decriminalize homosexuality, punished under article 347 bis of the Penal Code (France);
121.75 Decriminalize same-sex relations by replacing article 347-1 of the Penal Code, and initiate a campaign to raise awareness in the public about homosexuality (Germany);
121.76 Decriminalize consensual same-sex conduct between adults, and take all necessary steps to protect the lesbian, gay, bisexual, transgender and intersex community from all forms of discrimination and violence (Ireland);
121.77 Review the Penal Code with a view to decriminalizing homosexuality (Spain); 121.78 Decriminalize consensual sexual relations between persons of the same sex, and combat discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons (Mexico);
121.79 Decriminalize consensual sex between adults of the same sex, and any other discriminatory practice based on sexual orientation or gender identity, protecting lesbian, gay, bisexual, transgender and intersex persons and guaranteeing their fundamental rights (Uruguay);
121.80 Decriminalize consensual same-sex relations (Australia);
121.81 Ensure the protection and security of lesbian, gay, bisexual, transgender and intersex persons and of human rights defenders committed to their cause (Switzerland);
121.82 Decriminalize consensual same-sex sexual relations and immediately cease targeted discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons (United States of America);
121.83 Eliminate discrimination on the basis of sexual orientation or gender identity and protect the lesbian, gay, bisexual, transgender and intersex community from violence and harassment (Netherlands);
121.84 Take the necessary measures to protect and prevent discrimination against lesbian, gay, bisexual and transgender persons, as previously recommended (Argentina);
VI. Further information
You will find all documents relating to Cameroon’s third review at UPR-Info and OHCHR’s websites.