LGBT & human rights

Global Conscience discusses human rights for the LGBT community

Human Rights Hour on Ocean City Radio at 11am on Tuesday 8 July was dedicated to the discussion of human rights for lesbian, gay, bisexual and transsexual (LGBT) people. As usual there was a lively debate.

Like in many other countries, the discussion of LGBT sexuality is a sensitive issue in Cameroon . Casey and Laura, the interns who led the radio discussion, emphasised that their intention was not to criticise Cameroonian culture or to promote or condemn any lifestyle choices, but to facilitate the recognition of equal rights for all people.

Homosexuality is a criminal offence in Cameroon , despite the fact that this contravenes the International Convention on Civil and Political Rights (ICCPR), to which Cameroon is a signatory. Under Section 347 of the country's penal code those found guilty of homosexuality may be punished with six months to five years in jail or a fine of 200,000 CFA. In October 2006 the United Nations Working Group on Arbitrary detention declared that detention on the basis of sexual orientation in Cameroon constitutes an arbitrary deprivation of liberty contrary to the ICCPR.

To illustrate how LGBT rights apply to Cameroon , Casey spoke about the case of the Yaounde 9. On 21 or 22 May 2005 17 men were arrested in a Yaounde nightclub which is reported to attract homosexual men. Eleven of those men, those who were too poor to afford bail or an attorney, were sent to Nllogka Detention Centre. They were then transferred to Kondegi Central Prison where they spent almost a year in reportedly squalid conditions. There was a high possibility for ill treatment by other prisoners given the nature of thier alleged ‘offense'.

Amnesty International issued a letter urging that these men be protected from further human rights abuses, particularly the use of forced anal examinations. Such examinations are purported to be able to determine whether the man has engaged in anal intercourse, but they have been widely denounced as unreliable and unscientific, as well as being a gross violation of human rights.

After suffering delays in having their case heard (unfortunately a common experience in Cameroon ) the accused were finally cleared of the homosexuality charges and released from prison on 21 April 2006.

LGBT people can also suffer human rights violations which arise from discrimination on the basis of their sexuality. The Human Rights Commission has reported that 30 girls were expelled from one school for being lesbians, detracting from their right to education. The right to a fair trial may be compromised as alleged homosexuals in Cameroon are often detained for investigation for longer periods of time than the law prescribes and often have difficulty finding a lawyer. The law against consensual behaviour between adults impacts negatively on the right to privacy.

Some have suggested that Section 347 of the penal code is justified as it is used to punish adults who have engaged in sexual activity with a minor. However, this is a crime because of the age difference between those involved, rather than their gender, and is punishable under 346 of the penal code. There is therefore no role for section 347 in bringing perpetrators of sexual violence against minors to justice.

It was suggested that the law against homosexuality is designed by the government to protect Cameroonian citizens against perversion. Laura replied that the law relates to consensual behaviour between adults and that this does not constitute a perversion. Crimes of sexual abuse of a minor and of rape are punishable under different sections of the penal code.

Some people speculated that the government criminalises homosexuality because the spread of such behaviour could endanger the continuation of the society. Laura replied that this fear is unfounded because societies with more accepting attitudes towards homosexuality experience no problems with reproduction. She further emphasised that if the abuse of fundamental human rights is necessary for a social goal, the contribution of this goal to society should be seriously questioned.

It has been suggested that the legalisation of homosexuality in South Africa is connected to the spread of HIV/AIDS there. Casey replied that HIV/AIDS was a significant problem in South Africa long before LGBT rights were protected. She stressed that education and the availability of materials such as condoms were more important in preventing the spread of HIV/AIDS.

Finally, it was suggested that laws and discrimination against homosexuals are acceptable because homosexuality is forbidden by some religions. The interns again emphasised that their intention was not to prescribe a certain way of life, but to encourage repsect for all ways of life. Those who disagree with homosexuality for religious reasons are not obliged to promote that lifestyle, but they have a responsibility to respect the right of others to make free choices, just as they are entitled to respect for their right to practice their religion.

The guest speaker stressed his desire for the government of Cameroon to make changes to the law against homosexuality and the need for pressure from the international community to achieve this.

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