Gay Cameroon News & Reports 2008-10

by PinkNews.co.uk staff writer
Three men have been sentenced to six month hard labour for being homosexual. The men were arrested in Bonapriso, Douala, on August 31st 2007 by police officers making random arrests in search of armed robbers. After being beaten at the police station, one of the men confessed to being homosexual and implicated his two colleagues. "As soon as the shadow of homosexuality enters into a case due process goes out of the window," commented International Gay and Lesbian Human Rights Campaign Programme Associate Joel Nana, who has been monitoring the cases.

The three men’s lawyer said she would appeal the convictions and none of the men had been found guilty of homosexual acts. Article 347 of the country’s penal code prohibits consensual same-sex relationships. The men have been held in jail since August. People currently detained on grounds of homosexuality all have cases riddled with irregularities and have been subject to procedures that are inconsistent with the new Cameroonian code of penal procedure. After arrest, alleged homosexuals are detained for investigation for longer time periods that the law prescribes.

If they are lucky enough to find a lawyer, then they undergo an endless number of trials. "This is a tactic that the court frequently uses in the cases of gay men and lesbians," said Sebastien Mandeng, human rights researcher at Alternatives-Cameroon, the national LGBT organisation. They needlessly prolong the process with no legal justification in order to unofficially punish and imprison the accused."

More than 30 people have been arrested in Cameroon in the last two years on charges of homosexuality, despite an October 2006 ruling by the United Nations that such arrests to be arbitrary and unfair. Dozens of students, particularly girls and young women, have been expelled from schools as result of their real or perceived sexual orientation. Alternatives-Cameroun has documented the cases of more than 13 other men currently being detained in Cameroon under Article 347.

The United Nations Working Group on Arbitrary Detention has declared that detention on the basis of sexual orientation in Cameroon constitutes an arbitrary deprivation of liberty contrary to the International Covenant on Civil and Political Rights (ICCPR). The UN human rights body called on the government of Cameroon to adopt necessary measures to remedy the situation, including the possible repeal of Article 347. The human rights groups Alternatives-Cameroun, Amnesty International, IGLHRC, Les Pantheres Rose, and OUT are calling for the repeal of Article 347, the release of all individuals detained under this law, and an end to official discrimination based on sexual orientation in Cameroon.

March 26, 2008 – Behind The Mask

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Alternatives-Cameroun Celebrates Release of Accused Gay Men

by Abeli Zahabu (BTM French Reporter)
Cameroon – Five Cameroonians and a Nigerian accused last year of homosexuality in Cameroon have been released temporarily from the Bell prison in Douala where they spent more than six months behind bars. The six were arrested last August on charges of homosexuality. While awaiting judgement from Supreme Court, they stayed in custody for six months, and it could tripled if renewed pending investigation. According to the Cameroonian judicial system, the prosecutor can legally request a temporary detention of suspects pending investigation before the case could be brought to court.

Alternatives-Cameroun however contended that the detention was still arbitrary given that the accused had a legal representation and a traceable residence in Cameroon; they qualified for bail. However the organisation was relieved when the men were released.

“It is a great relief and reassurance. We were so moved when we saw their faces emerging from jail after so many days behind bars”, said Steave Nemande, Alternatives-Cameroun coordinator. However, there is also a sense of sadness as these people were illegally detained and unfairly treated. They will now have to undergo medical examination to determine if they did not contract hepatitis, Aids or some other diseases while there were in jail”, Nemande added.

Sebastien Mandeng, Human Rights Coordinator at Alternatives-Cameroun said that the prosecutor had refused to grant the accused bail before but is content that the judge has acceded to this temporary release. Following their release, Alternatives-Cameroun is calling for the condemnation of the Cameroonian government for the illegal detention of its citizens on the basis of their sexual orientation. “Even though we consider the release as a victory for our organisation, we are still waiting for the Cameroonian Supreme Court to clear the accusations levelled against the six men”, explained Nemande.

The organisation intends to take this matter even further to the international tribunals and courts to force the Cameroonian authorities to stop arresting people based on their different sexual orientation. Presently homosexuals in Cameroon still live in fear and suspicion in their own country because of threats of arrest justified by section 347 of the Cameroonian Penal Code which criminalises homosexuality, according to the organisation. According to the International Gay and Lesbian Human Rights Commission (IGLHRC), more than 30 people have been arrested in Cameroon during the last two years on charges of homosexuality despite an October 2006 ruling by the United Nations that termed such arrests to be arbitrary and unfair.

November 07, 2008 – kaisernetwork.org

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HIV-Positive People in Cameroon Face Resistance to Second-Line Antiretrovirals

While countries worldwide are scaling up their antiretroviral treatment programs, more people living with HIV/AIDS are expected to develop resistance to their drug regimens and lack access to more expensive alternative therapies, IRIN/PlusNews reports. According to IRIN/PlusNews, although the number of people who have developed resistance to second-line antiretrovirals remains small, "the challenge is trying to keep these numbers down." Many HIV/AIDS experts say that the main cause of drug resistance is poor adherence to treatment regimens.

In Cameroon, IRIN/PlusNews reports that the case of Marie Gisele Tientcheu, an HIV-positive advocate who developed resistance to second-line antiretrovirals and could not access treatment in the country, "has thrown the spotlight" on the problem. Although there are no official statistics on resistance rates in Cameroon, a 2007 study on patients receiving care at a hospital in the capital of Yaounde found that 4.4% of patients were developing resistance after one year of treatment. However, Charles Kouafang, head of the hospital’s AIDS unit, said the rate of resistance had fallen from 2002, when a similar study showed that 16.2% of patients developed resistance after only eight months of treatment. Kouafang said that the 2002 data reflected the high cost of antiretrovirals and that the situation improved after the government introduced no-cost treatment in 2007. However, he said "the fact that cases of resistance still occur is a public health concern." According to IRIN/PlusNews, approximately 55,000 HIV-positive Cameroonians receive antiretroviral treatment, and GTZ — with participation from Cameroon’s Ministry of Health and National AIDS Commission — in August established an awareness campaign encouraging patients to adhere to their drug regimens.

Caroline Kenkem, deputy executive secretary of the Cameroon Network of People Living With HIV, said that given the issue of drug resistance among HIV-positive people living in the country, it is "imperative" that third-line antiretrovirals be distributed. However, Alain Fogue, president of the Cameroon Movement for Advocacy and Access to Treatment, said that it is unlikely to happen. Fogue said, "I don’t think the authorities are planning to provide third-line" antiretroviral in Cameroon, adding, "I don’t even know if they are aware of this situation, because managing the second-line protocol is hard enough." According to IRIN/PlusNews, organizations of HIV-positive people in Cameroon have launched an appeal to the government to address the issue. Fogue said, "We feel there is no real policy on medication or on providing care and support for patients. It feels like we’re trying to get our voices heard, despite many years of fighting and demonstrations for political action" (IRIN/PlusNews, 11/5).

February 3, 2009 – IPS News

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Fighting to Free Those Found ‘‘Guilty’’ of Homosexuality – Christi van der Westhuizen interviews ALICE NKOM, Cameroonian lawyer

Alice Nkom: Lack of tolerance for diversity is one of the causes of terrorism.

Cape Town – In 2003, Alice Nkom made a decision that has put her on a collision course with the police, prosecutors and judges of Cameroon. Nkom, who has been a barrister at the Cameroonian Bar for 40 years, was chatting with some young men whom she considers her own children. She realised they were gay. Not only that, having gone after school to France to study and only ever living there as out gay men, they were oblivious to the extent of the persecution they faced for expressing their sexuality in Cameroon. Extortion and unfair prosecution of lesbian, gay, bisexual and transgender (LGBT) people are common occurrences in the Francophone west African state.

They were handsome and full of life, talking passionately about their plans. She was struck by the injustice of their situation and felt she had a duty to do something, otherwise ‘‘coming back to Cameroon means having to choose to go to jail for who you are, to have one’s dignity trampled upon all the time, to be a victim of the police’’. She founded the Association for the Defence of Homosexuals and has ever since been acting as defence lawyer for LGBT people in Cameroon.

Christi van der Westhuizen spoke to her when she attended a recent workshop of the International Gay and Lesbian Human Rights Commission (IGLHRC) in Cape Town, South Africa. The meeting, which gathered LGBT activists from across Africa, was held to strategise around litigating against the myriad laws that still discriminate against LGBT people on the continent. IGLHRC is an international non-governmental organisation.

IPS: What is the legal status of LGBT people in Cameroon?

Alice Nkom: On Sep. 28, 1972, article 347 was introduced into the Cameroonian penal code which prescribes penalties of up to five years for anyone, whether man or woman, who is caught having sex with someone of the same sex.

(The situation recently became worse) when, on December 25, 2005, the archbishop of Yaoundé made LGBT people the theme of his Christmas sermon. This caused a witch hunt with LGBT people accused of being the root cause of all social ills, the root of unemployment and corruption, in Cameroon.

The archbishop said that high-profile people who were "homosexuals" forced other Cameroonians into same-sex activities in return for jobs. This launched a media frenzy where journalists abandoned their codes of ethics and published lists of names of people who were supposedly gay. Tabloids suddenly started selling. Photocopies were sold even more expensively than the originals.

It had consequences as children (whose parents’ names were published in the newspapers) were attacked by their friends at school. Some (threatened) suicide if their parents could not ‘‘prove’’ that they were not gay or lesbian.

Read article

March 13, 2009 – UK Gay News

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IFJ Warns of Dangers of Intolerance after Cameroon Union Circulates Anti-Gay Article

Brussels – The International Federation of Journalists (IFJ) has called on African journalists to beware the dangers of prejudice and discrimination facing gay people after a report that a journalists’ group in Cameroon has put at risk colleagues by making public accusations of homosexuality in a country where the practice is forbidden by law. The IFJ says that the distribution by the Syndicat des Journalistes Employés du Cameroun (SJEC) of a controversial report in the biweekly Aurore Plus, which accuses a rival union leader of homosexuality, was a provocative and unacceptable action.

“In parts of Africa there is a level of intolerance of homosexuality which is unacceptable and this sort of action is aimed at encouraging further prejudice,” said Aidan White, IFJ General Secretary. “It has no place in the trade union movement and should be avoided.” The IFJ says the message appears to be using intolerance as a weapon in inter-union rivalry. The IFJ says the SJEC should clarify its position over the message sent in December to a network of regional and international journalists’ groups.

The message reproduced an article that accused a leader of the Syndicat National des Journalistes du Cameroun of homosexuality, knowing that gay activities are widely condemned in Cameroon and punished by the criminal law. The IFJ says that the article – which is unsigned – was designed to encourage discrimination and to reflect negatively on the SNJC and its leaders.

“On a continent where there is much to be done to build respect and equal rights for everyone in society, it is vital that journalists and their organisations do not engage in actions which can discriminate against any group, whether it is on the basis of their race, religion, gender – or sexuality,” said Mr.White.

The IFJ last month launched a major new campaign – the Ethical Journalism Initiative – which has at its heart the need for journalism to nourish diversity and respect for minorities. “This incident illustrates only too well that we have much work to do in journalism and the union movement against all forms of discrimination,” added Mr. White.

The IFJ plans to encourage more debate and actions within the journalism community to guard against intolerance.

“We have seen how prejudice such as that expressed by President Robert Mugabe in Zimbabwe can quickly become the basis for hatred and acts of violence against the gay community,” said Mr. White. “We must do everything we can to avoid that, which is why the union in this case must clearly repudiate the action of circulating intolerant material about a colleague.”

19 March 2009 – Amnesty International

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Pope’s visit to Cameroon raises questions about gay and lesbian rights

On his first trip to Africa this week, Pope Benedict XVI visits Cameroon, a country that criminalizes same-sex sexual relations. Amnesty International has asked Pope Benedict during his visit, to urge the government of Cameroon to eradicate discrimination based on sexual orientation. A senior Cameroonian Roman Catholic Church leader was reported by local media in December 2005, to have publicly denounced homosexuality. Before and since, many have been persecuted.

The Holy See said at a meeting of the UN General Assembly in December 2008 that it "continues to advocate that every sign of unjust discrimination towards homosexual persons should be avoided, and urges States to do away with criminal penalties against them."

"The Pope should take the important opportunity of this visit to Cameroon to make clear that the Holy See abhors any attacks or persecution of people based on their sexual orientation, and call on the government to decriminalize homosexuality," said Tawanda Hondora, Deputy Director of Amnesty International’s Africa Programme.

Over the past three years, Amnesty International has documented the arrest and detention of several dozen young men and women, some of whom have been sentenced to prison terms and fines for allegedly engaging in consensual same-sex sexual relations. In a typical case, two men were arrested on 16 August 2007 by gendarmes in Yaoundé, accused of engaging in same-sex sexual relations. The suspects were held at Nlongkak gendarmerie until 31 August 2007, when they were transferred to Kondengui prison.

While in custody, the detainees were subjected to anal examinations in an attempt by the authorities to establish if they had been engaged in sexual acts. The men appeared in court on 23 November 2007 and pleaded not guilty to engaging in same-sex sexual relations. The court found them guilty of same-sex acts on 13 March 2008 and sentenced them to six months’ imprisonment and a fine of 25,000 CFA Francs (approximately $US44). They were released soon after their trial because they had already spent more than six months in custody.

Twelve young women were permanently excluded from a college in Douala in March 2006, for their alleged same-sex sexual relations. Amnesty International is concerned that the girls were expelled solely because of their sexual orientation, depriving the girls of their right to education. Amnesty International and other human rights organizations have made numerous appeals to the Cameroonian authorities, religious organizations and the media to uphold, respect and protect the human rights of all people in Cameroon, regardless of their sexual orientation.

On Thursday, Pope Benedict will be meeting with members of the Special Council for Africa of the Synod of Bishops at the Apostolic Nunciature of Yaoundé. "Dozens of Cameroonian men and women have been detained solely for their actual or perceived engagement in consensual same-sex sexual relations – this is simply unacceptable. We hope that the Pope will make this clear to the government and the Church’s leaders and many followers in Cameroon during his visit," said Tawanda Hondora.

March 24, 2009 – Behind The Mask

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Pope Urged To Speak Out On Gay Rights

by Mongezi Mhlongo (BTM Reporter)
Cameroon – During his first visit in Cameroon, Pope Benedict XVI, was advised by Amnesty International to condemn laws criminalizing homosexuality, presently rocking that country. Tawanda Hondora, Director of Amnesty International’s Africa Programme said “the Pope should take the important opportunity of this visit to Cameroon to make clear that the Holy See [Episcopal jurisdiction of the Pope] abhors any attacks or persecution of people based on their sexual orientation and call on the government to decriminalize homosexuality.”

In his arrival on Tuesday, 17 March, the Pope met with Cameroonian President Paul Biya who has been in power since 1982 at Nsimalen International Airport of Yaoundé. Despite several alleged human rights violations in that country, the Pope lauded Cameroon, saying it is “truly a land of hope for many, in Central Africa.” In what baffles many people, the Catholic Church, while maintaining its opposing stance on gay marriage, it continues to teach that homosexuality is not sinful but homosexual acts are.

Meanwhile, some human rights violations against LGBTI people in Cameroun include the expulsion of 12 young women from a college in Doula for their alleged same sex sexual relations in 2006. Also, in August 2007 two men were arrested in Yaoundé following accusations of engaging in same sex relations. While in custody, the men were subjected to anal examinations in an attempt to establish if they had engaged in sexual acts.

According to Dr Steave Nemande, President of Alternatives Cameroun, a Cameroonian human rights organisation working towards ending discrimination and abuses against homosexuals, the levels of homophobia in that country instill fear amongst this group. Nemande told Irin News that in Cameroon “Social homophobia is legitimised and it increases fear amongst MSM who take further risk to live their sexual life in secret.” Homosexual conduct is criminalized in Cameroon under the countries Penal Code, and carries a maximum sentence of up to five years imprisonment. Under the Penal Code “Any person who has sexual relations with a person of the same sex shall be punished with six months to five years imprisonment and a fine of between CFA 20 000 and CFA 200 000.”

May 6, 2009 – iglhrc.org

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Alternative-Cameroun Reports on the Arbitrary Arrest of a Man on Charges of Homosexuality in Douala (French)

Communoque : Agression et arrestation arbitraire d’un présumé homosexuel à Douala

La cellule Droits humains d’Alternatives-Cameroun a été interpellée ce matin du 5 mai 2009 par un monsieur souhaitant garder l’anonymat de l’agression physique et de l’arrestation du nommé Ewane Yves Noé.

En effet, le 4 Mai 2009 aux environs de 22 heures, au lieu dit « Cité Sic » près de l’Université de Douala, le sieur EWANE, camerounais, âgé de 27 ans, a été victime d’une agression perpétrée par deux messieurs et une dame auxquels s’est jointe la population dudit quartier. Accusé d’avoir eu des relations sexuelles avec un jeune garçon âgé de 17 ans, il a été conduit au commissariat de la police judiciaire de Bonanjo où il est incarcéré à l’heure actuelle. A la demande des membres de sa famille, l’affaire a été référée à Me Alice Nkom présidente de l’adefho (Association de défense de l’homosexualité) et avocate au Barreau du Cameroun pour un soutien juridique.

Alternatives-Cameroun appelle à la libération immédiate de la victime et à la condamnation de ses agresseurs.

Cellule Droits humains
Alternatives-Cameroun

Contacts : Bérachard Nlankou, coordonnateur : berachard@yahoo.fr
Claude Eessoh, observateur : clauderomuald@hotmail.com

May 18, 2009 – Behind The Mask

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Biya Castigates Journalistst On Homosexuality Saga

by Kini Nsom – allAfrica.com
Cameroon – One of the main issues President Paul Biya harped on while delivering his traditional Youth Day speech, February 10, concerned Cameroonian journalists violating professional ethics. The President castigated journalists for what he called digging into people’s private lives. He called on journalists to exercise press freedom with limits so as to respect peoples’ privacy and professional ethics. Although President Biya made no direct reference to the homosexuality saga currently rocking the country, it was clear in the minds of many observers that he was talking about the publication of a list of presumed homosexuals in the country.

The French language tabloid, L’Anecdote, triggered the controversial saga recently, when it published a list of some highly placed government officials and some public figures allegedly practising homosexuality. Many newspapers took turns in relaying the same story in their various editions. The story has put those whose names were published in the ignominy of stigmatisation. It was within this context that Biya chided journalists for undermining the consequences of such a story, and making complete nonsense of social responsibility in the exercise of their profession.

Communication Minister Pierre Moukoko whose name appeared in the list of presumed homosexuals, was the first government official to react to the issue. While receiving New Year wishes from his collaborators at the Yaounde conference centre recently, the Minister tried in vain to stem the tides of a saga that has adulterated the moral image of the government.

Genesis
The Post learnt that the homosexuality saga started when some women who were reportedly frustrated by their husbands’ homosexual practices, complained to the Archbishop of Yaounde, His Grace Victor Tonye Bakot. The women reportedly went to seek solace from the spiritual leader of their society. That is why last Christmas, the Archbishop hinged his sermon on homosexuality. For two hours he condemned homosexuality as one of the worst sins. Some highly placed government officials listened to the sermon at the Yaounde Metropolitan Cathedral.

The publication of the homosexual list has left many women and children stigmatised because their husbands and fathers have been portrayed as homosexuals. The wife of a senior government official in Yaounde has reportedly stayed away from her office because of shame, since her husband’s name was published as one of the homosexuals.

June 10, 2009 – revrowlandjidemacaulay.blogspot.com

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Cameroon – United Nations Human Right Council 11th Session

On Cameroon at the United Nations Human Right Council 11th Session – Geneva, 2 to 19th June 2009.

by Rev Rowland Jide Macaulay
Mr President,
An issue of serious concern raised during the UPR of Cameroon relates to the criminalization of consensual same-sex conduct under article 347 of Cameroon’s Penal code. Such provisions are a violation of established international human rights law and a major threat to public health.

During this Council’s Review of Cameroon in February 2009, many member states recommended that the Cameroonian government amend its penal code by repealing this law in order to comply with its treaty obligations. These recommendations are reflected in the Working Group report. The inaction of the National Assembly in repealing this repressive provision makes this call still more urgent. The response from the government was “This is an extremely sensitive issue in the cultural environment and whereas Cameroon understands the wishes of the international community, it must balance them with this sensitivity. “

Unfortunately, there is no balance in the current law, nor does it respect international human rights obligations. The laws continues to be the source of numerous incidents of harassment, abuses, arbitrary arrests and unlawful detentions. It continues to pose a threat to public health as it frustrates the important work of creating access to HIV preventions and awareness for Men who have sex with men. More than 30 girls were expelled from school on suspicion of being lesbians. At least two men are currently being detained on grounds of homosexuality.

Treaty bodies have repeatedly affirmed that laws criminalising homosexuality violate international rights to privacy and non-discrimination. As the High Commissioner for Human Rights also emphasized recently:

“there remain all too many countries which continue to criminalize sexual relations between consenting adults of the same sex in defiance of established human rights law.”

In consideration of the recommendations made during its Universal Periodic Review, we ask the Cameroonian government;

· To ensure that the human rights of LGBT individuals and human rights defenders are not violated,
· To repeal article 347 of its penal code.
· To take measures to recognise and protect the rights of sexual and gender minorities, and extend its HIV intervention programs to include same-sex practicing people.

Thank you very much Mr President.

July 3, 2009 – Behind The Mask

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Free Ewane! – Gay Rights Activists

by Jerina Chendze Messie (BTM French Reporter)
Cameroon – A gay rights group in Cameroon is calling on the justice department to immediately drop charges against and release Yves Noe Ewane, arrested in May this year, allegedly for being gay. Ewane was charged under sections 74 for criminal intention, 346 for gross indecency and 347 for homosexual conduct under the Cameroonian Penal Code, following a complaint filed against him by the mother of a supposed minor who accused Ewane of having sexual relations with his son.

Summoned to appear in court on 21 June the plaintiff and his mother did not pitch and the medical examination failed to prove that the boy was sodomised as alleged by his mother. Alice Nkom, president of Association pour la Defense des Homosexuels (ADEFHO), an organisation that defends the rights of homosexuals in Cameroon, who is also representing Ewane says that the judge has everything he needs to close the drop the charges since “it appears that there is no witness or plaintiff.

In the absence of complainants, Ewane argued his innocence saying he had never had sexual relations with the boy. Sebastien Mandeng, vice president of ADEFHO says Ewane is just a victim of stigmatisation since he was arrested last year for homosexual conduct and remanded in custody for six months at Douala New Bell Prison before being released.

“He has never been tried nor convicted and the case was dismissed for lack of evidence. He is a very sociable man who likes to entertain people at home but every time he is seen with somebody there are allegations of homosexuality. Just because he was accused once and although he was cleared, his neighbors still stigmatize him”, he said. Ewane was sent to Douala New Bell Prison on the 19 May 2009 after being kept on police custody for three weeks at Douala Bonanjo Police Station. If found guilty, he will face a prison sentence of six months to five years and/or a fine of $50 to $500.

July 16, 2009 – Behind The Mask

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Church “Manipulates Public Opinion” On Homosexuality

by Jerina Messie (French Reporter)
Cameroon – Gay rights organisations in Cameroon have accused the country’s Catholic Church and the media of deliberately causing confusion about the Maputo Protocol with the intention to influence the public to have negative attitudes towards homosexuality. This comes after Cameroonian President Paul Biya ratified the Maputo Protocol, known in full as, the Protocol to the African Charter on Human and People’s Rights of Women in Africa, during the sixth anniversary of the Maputo Protocol on 11 July this year. Reports say more than 20,000 people marched against Article 14, clause 2 (C) of this protocol which legalises medical abortion.

Many, partitularly religious leaders are against Article 14 as they say it also legalises homosexuality. The media also confirmed on several reports that the protocol legalises homosexuality. However both gay rights organizations, Alternative Cameroon and Association pour la Defense de l’Homosexualitè (ADEFHO) say there is no link between the ratification of this protocol and the possible legalisation of homosexuality in a near future. Steave Nemande, President of Alternatives Cameroon, said this is a deliberate manipulation of the public’s opinion since nowhere in the protocol is homosexuality mentioned.

“Not only there is amalgam but also manipulation from the church”, said Nemande who also denounced a particular newspaper saying “it visibly does not understand that human rights apply to everybody.” Concurring with Nemande, Sebastien Mandeng of ADEFHO Cameroon said “This is part of the crusade launched by the Catholic Church and a particular press against the lesbian, gay, bisexual, transgeder and intersex community (LGBTI) community. He added “They knew that by denouncing homosexuality they would attract more people to their protest” he said.

Mandeng further pointed out that the church attacks Article 14 of the protocol but “what they don’t say is that the section 339 of the Cameroonian Penal Code authorises women to have abortion under certain conditions since 1965”, he further explained. ADEFHO and Alternatives Cameroon have launched a broad campaign in the media in order to redefine the terms of the Protocol of Maputo and clear doubts about legalisation of homosexuality.“The aim of our campaign is to inform citizens and give them the right information. So far we have good responses and even the national newspaper has published our statement”, Nemande said.

In a joint statement issued on the 19 April 2007, African bishops said that legalization of medical abortion and the right to choose any method of contraception are particularly “incompatible with the principles of the Catholic Church, its tradition and its practices.” The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, better known as the Maputo Protocol, guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, to control of their reproductive health, and to end female genital mutilation.

It was adopted by the African Union in the form of a protocol to the African Charter on Human and Peoples’ Rights in Mozambique on 11 July 2003.

5 August 2009 – AllAfrica.com

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Cameroon: Fighting to Free Those Found ‘Guilty’ of Homosexuality (interview)

by Christi van der Westhuizen
Cape Town — In 2003, Alice Nkom made a decision that has put her on a collision course with the police, prosecutors and judges of Cameroon. Nkom, who has been a barrister at the Cameroonian Bar for 40 years, was chatting with some young men whom she considers her own children. She realised they were gay. Not only that, having gone after school to France to study and only ever living there as out gay men, they were oblivious to the extent of the persecution they faced for expressing their sexuality in Cameroon. Extortion and unfair prosecution of lesbian, gay, bisexual and transgender (LGBT) people are common occurrences in the Francophone west African state.

They were handsome and full of life, talking passionately about their plans. She was struck by the injustice of their situation and felt she had a duty to do something, otherwise "coming back to Cameroon means having to choose to go to jail for who you are, to have one’s dignity trampled upon all the time, to be a victim of the police". She founded the Association for the Defence of Homosexuals and has ever since been acting as defence lawyer for LGBT people in Cameroon.

What is the legal status of LGBT people in Cameroon?
On Sep. 28, 1972, article 347 was introduced into the Cameroonian penal code which prescribes penalties of up to five years for anyone, whether man or woman, who is caught having sex with someone of the same sex. (The situation recently became worse) when, on December 25, 2005, the archbishop of Yaoundé made LGBT people the theme of his Christmas sermon. This caused a witch hunt with LGBT people accused of being the root cause of all social ills, the root of unemployment and corruption, in Cameroon.

This went on until Feb. 10, 2006 when the president of Cameroon told people to stop speculating about the vices and virtues of one another while trampling on people’s fundamental rights. He said the publications should cease because freedom of expression stops where people’s right to privacy starts. This ended the frenzy. It had consequences as children (whose parents’ names were published in the newspapers) were attacked by their friends at school. Some (threatened) suicide if their parents could not "prove" that they were not gay or lesbian.

What is the reality of LGBT people’s lives today in Cameroon?
Every day I hear about extortion here and there. It is not healthy for young people who are trying to enjoy their lives. There is a close relationship between one’s happiness and enjoyment of one’s sexuality. They are unhappy because at any given time they can be subjected to arrest or blackmail – even when the law does not provide the police with the power to do so.

There is a criminal procedure code which is continuously violated when it comes to gay and lesbian people. The code does not provide the prosecutor the power to arraign somebody unless the person was caught in flagrante delicto (caught in the act). A police officer does not have the right to come to your house or to bars to arrest you for homosexuality. But what happens is that people are just thought to be gay… (which) catches the attention of greedy police officers who are looking for someone to blackmail.

So people are being arrested on suspicion, even if they were not caught in the act?
In none of the cases of homosexuality which I have defended was the person ever caught in flagrante delicto. I raise this concern every time but the judges never respond.

Have you had successes in defending people?
Not the kind of successes that I would have wanted. In one case, nine people were charged. The judge wanted them to go for forensic anal tests, which means that not only were they spending seven months in jail (pending the case) but the judge wanted to force them to undergo a humiliating test to show that they were actually gay. Medical doctors refused to carry out the tests.

He released two of the men for unknown reasons. The remaining seven were sentenced to seven months in jail and then released for time served. In all, they spent 12 months and 12 days in jail. How did the judge manage to find them homosexual, given that he did not get the proof he was looking for? They were found guilty on the basis of personal beliefs.

In another case two people (tried to steal from someone at whose house they were staying). He called the police. The two thieves got the idea to say the complainant wanted to sleep with them. It turned into a "gay case". The prosecutor charged all three with homosexuality and they were sentenced to six months.

Are lesbians affected?
In 2006, the principal of a private high school expelled 12 students on the eve of the final exams. He had been told that one had said to the other "whatever she did, she would belong to her". She was arrested. She had to say who her girlfriend was. Each person had to reveal another name and so they got a list of students. The head of the school went on a media campaign to encourage all principals to eradicate homosexuality in their schools.

The grandmother of one of the girls accused another girl of "misleading" her granddaughter. They laid a charge with the police. The police arrested the granddaughter and her friend and another two girls who were mentioned during the discussions. They were sent to jail, four girls (all under 18). As in all the other cases, it was not on the basis of in flagrante delicto – it was based on what other people had alleged. The prosecutor coerced them to not accept me as their advocate. A month later they received suspended sentences of three months each.

You were also locked up once.
This was in 2006. I paid a visit to my clients in jail to prepare them psychologically for the court. I was in the meeting room taking pictures of them with my mobile phone. I was arrested. I told the prison boss, you can’t just take my mobile – it’s my mobile and those are their images, which they own. I spoke to the attorney general and said to him you are here to do your job and I’ll do mine. You can’t arrest me without showing which law I violated. (She was released a few hours later and her phone was returned.)

How do your peers respond to your work?
Many of them are very homophobic. Others are indifferent. I receive little support. It’s very important to me that kids are taught from early to be tolerant, to respect difference. They can land in a place (abroad) where they are in the minority and where they need other people to respect them. Diversity is a good thing – it enriches our lives. If we don’t embrace it we will have terrorism, racism.

August 2009 – NCBI

13
Factors associated with unprotected anal intercourse (UAI) among men who have sex with men (MSM) in Douala, Cameroun.

by Henry E, Marcellin F, Yomb Y, Fugon L, Nemande S, Gueboguo C, Larmarange J, Trenado E, Eboko F, Spire B.: Coalition Plus, Pantin, France.
Objectives: Research on men who have sex with men (MSM) in Sub-Saharan Africa was neglected for a long time. The objective of our study was to understand factors associated with unprotected anal intercourse (UAI) with male partners among a group of MSM living in the city of Douala, Cameroon.

Methods: In 2008, a survey on the sexual activity and practices of MSM was set up in Douala in collaboration with a local community-based organization. Data were collected among a convenience sample of 168 MSM during face-to-face interviews with trained interviewers.

Results: A total of 142 individuals reported sexual activity during the previous six months, among whom 80 (57%) reported UAI with male partners. In a multivariate logistic regression model adjusted for the frequency of sexual intercourse, not having had access to prevention interventions and not knowing any HIV-infected person were both independently associated with a higher risk of UAI. Other factors associated with this higher risk included having had a stable male partnership at some point in one’s life and not having been out of Douala for more than four weeks during the previous year.

Conclusions: This community-based research is the first study of MSM in Cameroon and the HIV transmission risks they face. Results show the importance of HIV prevention interventions from peers and underline the need to maintain efforts to develop specific interventions targeting MSM more efficiently in the African context.

14 October 2009 – Behind The Mask

14
New Coalition To Address MSM Issues In Africa

by Simangele Mzizi (BTM Intern)
South Africa – In their effort to step up the fight against the high HIV prevalence amongst men who have sex with other men (MSM) some concerned men have formed a coalition titled African Men for Sexual Health and Rights (AMSHeR) aiming to increase visibility of issues affecting MSM in Africa. Established in March this year, “AMSHeR was formed to strengthen the capacity of national agencies and individuals working to improve legislation and programming related to MSM’s sexual and reproductive health”, said Joel Nana, Executive Officer for AMSHeR.

The coalition consists of 15 organisations from 13 African countries working with lesbian, gay, bisexual, transgender and intersex (LGBTI) people, mainstream HIV and human rights organisations that work to address the vulnerability of MSM to HIV. “We intend to extend invitations to other countries and organisations to ensure the visibility and representativeness of all aspects of MSM and transgender lives in the continent”, Nana said.

Currently AMSHeR is hosted by OUT LGBT Well-being, a South African LGBT health organisation based in Pretoria. As a regional coalition of MSM and LGBTI led organisations, AMSHeR also aims to advocate for the elimination of discriminatory laws and policies affecting MSM. Nana pointed out that, AMSHeR’s development process has been divided into two phases and the first phase started on 1 October this year and will end on 30 March next year.

“During this period, AMSHeR intends to develop its management mechanisms, establish its administrative systems, acquire a legal identity, develop its strategic plan and strengthen its funding base for the implementation phase or second phase”, said Nana. According to a 2006-2007 HIV and AIDS report by UNAIDS to the UN General Assembly Special Session, MSM are a group that has long been overlooked with no documented evidence to confirm their existence.

Meanwhile studies show that research on MSM in Africa has been limited and largely focused on the heterosexual spread of HIV and as a result leaves MSM highly stigmatised and hard to reach, even though this population is particularly vulnerable to HIV infection. The executive committee of the coalition includes Samuel Matsikure from the Gays and Lesbians of Zimbabwe, Steave Nemande from Alternatives-Cameroun, David Kuria from the Gay and Lesbian Coalition of Kenya and Chivuli Ukwimi from Zambia.

December 2, 2009 – Behind the Mask

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Decriminalise Homosexuality In Cameroon-10 000 NODS

by Jerina Messie (BTM French Reporter)
Cameroon – Cameroonian gay rights groups are optimistic that human rights of gays and lesbians could see a positive light, should President Paul Biya consider about 10 000 signatures inked in a petition calling for decriminalisation of homosexuality in that country. The Petition, said to have received a lot of support from journalists, politicians and civil society, will be handed to Biya for perusal on 10 December, during the 61st anniversary of the Universal Declaration of Human Rights.

Prodhop and Alternatives Cameroon, human rights organisations in Cameroon say some journalists supported the petition by accepting to be in their discussion panel during the press conference, by reporting fairly and by committing to support all future initiatives by these organisations. “Some politicians and personalities such as lawyers and members of civil society also welcomed and supported our action by signing the petition”, Maximilienne Ngo Mbe, General Secretary of Prodhop said.

The two organisations say they also received “a significant support” of Jacques Do Bell of the National Commission on Human Rights who indicated that “this disposition [anti-gay law] is unconstitutional and infringes all the international treaties and conventions signed by Cameroon that guarantee each citizen to fully exercise their rights, including the right to privacy.”

Ngo Mbe however deplored the indifference of religious leaders. “None of the religious leaders expressed an opinion, whether to agree or disagree. We can deplore the attitude of the local Catholic Church (Douala) that organised a march to protest against the decriminalisation of the homosexuality.”

The Cameroonian Penal Code prescribes a maximum sentence of up to 6 years in prison and/or a fine of 20000 to 20000000 CFA Francs for homosexual conduct. This situation according to Prodhop is unfair to homosexuals since it jeopardises individual rights guaranteed by the constitution.

April 2010 – Les Films du baliibari

18
Welcome On Board

Platform, launching area, playground, melting pot, les films du balibari is a company with a collective and creative spirit, working on many ambitious projects.

This new year is beginning with good news about our latest films : 2 beautiful festival’s selections for « Fletting memory » in « Cinéma du Réel » in Paris, Pompidou’s Center ; and for « Eighteen » in Visions du Réel in Nyon (Switzerland).

7 July 2010 – BBC

19
Gay asylum seekers from Iran and Cameroon win appeal

Lord Hope said that homosexual acts may be punishable by death in Iran Two gay men who said they faced persecution in their home countries have the right to asylum in the UK, the Supreme Court has ruled. The panel of judges said it had agreed "unanimously" to allow the appeals from the men, from Cameroon and Iran. They had earlier been refused asylum on the grounds they could hide their sexuality by behaving discreetly. Home Secretary Theresa May said the judgement vindicated the coalition government’s stance. Under the previous government the Home Office had contested the case, saying it had taken sexuality into account when making its decisions.

Fundamental right
The five Supreme Court justices were asked to decide whether a gay applicant could be refused asylum on the grounds that he could avoid ill treatment by concealing his sexuality. Previous attempts by the men to stay in the UK had been rejected by judges at the Court of Appeal who ruled that if the men could conceal their sexuality, their situation could have been regarded as "reasonably tolerable". But the applicants said this tolerability test was contrary to the Refugee Convention, to which the UK is a party. Today’s decision marks a complete change in the approach that will be taken by tribunals and courts to applications for asylum by gay people.

The Supreme Court has unanimously and unequivocally demolished the previous approach, whereby it was acceptable to return gay asylum seekers if it was considered that by being discreet about their sexuality, they could lead a life that was "reasonably tolerable". The Supreme Court has made clear that to compel a homosexual person to pretend that their sexuality does not exist, or to require them to suppress the manifestation of it, is to deny them their fundamental identity. Gay people should be entitled to the same rights of freedom of association and expression as straight people. All future applications in the UK, which relate to countries that sponsor or condone the persecution of homosexuals, will have to apply the Supreme Court’s guidance.

The Supreme Court agreed and ruled that the men’s cases could be reconsidered. Lord Hope, who read out the judgement, said: "To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny his fundamental right to be who he is. "Homosexuals are as much entitled to freedom of association with others who are of the same sexual orientation as people who are straight." The court said it would be passing detailed guidance to the lower courts about how to treat such cases in the future.

The applicant from Cameroon, who is only identified as HT, had been told he should relocate elsewhere in his country and be "more discreet" in future. He had been attacked by an angry mob at home after being seen kissing his partner. He has been fighting removal from the UK for the past four years. "Some people stopped me and said ‘we know you are a gay man’," HT earlier told the BBC. "I cannot go back and hide who I am or lie about my sexuality."

The other application was from a 31-year-old Iranian gay man, who was attacked and expelled from school when his homosexuality was discovered. Like HT, he had been told he could be "reasonably expected to tolerate" conditions back home that would require him to be discreet and avoid persecution. Punishment for homosexual acts ranges from public flogging to execution in Iran, and in Cameroon jail sentences for homosexuality range from six months to five years. Gay asylum seeker HT: ‘If I go back I will live my life in fear’

Mrs May said she welcomed the ruling, adding that it was unacceptable to send people home and expect them to hide their sexuality. She said: "We have already promised to stop the removal of asylum seekers who have had to leave particular countries because their sexual orientation or gender identification puts them at proven risk of imprisonment, torture or execution. From today, asylum decisions will be considered under the new rules and the judgement gives an immediate legal basis for us to reframe our guidance for assessing claims based on sexuality, taking into account relevant country guidance and the merits of each individual case. We will of course take any decisions on a case-by-case basis," she said.

Ben Summerskill, the chief executive of gay lobby group Stonewall said it was delighted and offered to help the government deal with such cases. Its recent No Going Back report had suggested that between 2005 and 2009, the Home Office had initially refused 98% of all gay or lesbian asylum claims. Mr Summerskill said: "Demanding that lesbian or gay people return home to conceal their sexuality bears no resemblance to the reality of gay life in many countries." Donna Covey, chief executive of the Refugee Council agreed and said: "It is about time refugees fleeing their countries because of persecution over their sexuality are acknowledged as being legitimately in need of safety here, in line with those fleeing other human rights abuses."

The charity Refugee Action called for UK Border Agency staff to receive further training about issues that could affect gay people in their home countries. Its chief executive Jill Roberts said: "It is crucial that the right decision is made first time so that people are not returned to danger."

July 8, 2010 – PinkNews

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Cameroon denies gay asylum seeker was persecuted

by Staff Writer, PinkNews.co.uk
Cameroon’s communications minister has denied that a gay asylum seeker to the UK faced persecution in his home country. The man, known only as HT, won a case in the Supreme Court yesterday which ruled he had the right to asylum in the UK. He had claimed he was told by the UK Border Agency he could be sent home despite being attacked by a mob after he was seen kissing his partner. Homosexuality is illegal in Cameroon and punishable by up to five years in jail or a fine. However, communications minister Issa Tchiroma told the BBC’s Network Africa programme that gay people were not attacked in the country.

He said: "Homosexuality is forbidden by the law, there is not doubt. But what I can emphasise is the fact that no homosexual is persecuted in Cameroon." He claimed the man was using the laws against homosexuality to win asylum in Britain, saying: "Do you think he is the only gay person in Cameroon?" The Supreme Court ruled in favour of HT and an Iranian man whose circumstances were similar. The Iranian man, HJ, was told by a UK tribunal that he must expect persecution for his homosexuality and could avoid it by being discreet.

Lord Hope, who read out the judgment, said: "To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny him the fundamental right to be who he is." The court’s judgment said that the term "concealment" was preferred to discretion, as this recognises that gay people in homophobic countries may need to be dishonest about their sexuality and that the average person would find it intolerable to have to conceal their sexuality for fear of persecution.

It added that UK authorities must consider whether asylum applicants have to conceal their sexuality at home for fear of persecution and if so, they should be given refugee status regardless of whether they can successfully keep their sexuality secret.

November 04, 2010 – IGLHRC

21
Criminalizing Identities – Rights Abuses in Cameroon based on Sexual Orientation and Gender Identity

Alternatives-Cameroun, ADEFHO, Human Rights Watch, IGLHRC

In Cameroon, prejudice against lesbian, gay, bisexual, and transgender people is both very personal and very public. The Cameroon Penal Code punishes “sexual relations with a person of the same sex” with a prison term and a fine. The relevant article, 347 bis, became law in 1972, and until five years ago, there was little information publicly available on its enforcement. But on May 21, 2005, police arrested 32 people at a nightclub in the first of a series of high-profile arrests and prosecutions continuing to the present.

Beyond arrest, gay, lesbian, and bisexual Cameroonians are at higher risk for other problems. Police and prison officers routinely abuse detainees they suspect of same-sex sexual relationships. Gay, lesbian, bisexual, and transgender people may be more vulnerable to violent attacks inside and outside the home, as they often avoid reporting a crime for fear of being arrested, in turn, for homosexuality. Lesbian women can lose custody of their children and be ostracized by their families. Those who are at risk for HIV/AIDS infection or who are HIV positive have difficulty obtaining medical and legal services. A general climate of fear means that rigid gender codes are strictly enforced and people live out their lives in secrecy.

In “Criminalizing Identities,” L’Association pour la Défense des Droits des Homosexuels, L’Association pour la Liberté, la Tolérance, l’Expression et le Respect de Personnes de Nature Indigente et Victimes D’Exclusion Sociale au Cameroun, the International Gay and Lesbian Human Rights Commission, and Human Rights Watch document the unique brand of abuses that people suffer on the grounds of their perceived or real sexual orientation or gender identity.

The report shows that despite pleas by national organizations and recommendations from international bodies, Cameroon continues to implement a retrograde law that undermines basic human rights for a group of vulnerable and marginalized Cameroonians.

November 4, 2010 – Human Rights Watch

22
Cameroon: Same-Sex Relations Bring Attacks, Arrests

(Douala) – Cameroonians are attacked by police, politicians, the media, and even their own communities if they are suspected of having sexual relations with a person of the same sex, four human rights organizations said in a joint report released today. The government should take urgent action to decriminalize such consensual conduct and to ensure the full human rights of all Cameroonians, regardless of sexual orientation or gender identity, said Alternatives-Cameroun, l’Association pour la défense des droits des homosexuels, Human Rights Watch, and the International Gay and Lesbian Human Rights Commission.

The 62-page report, "Criminalizing Identities: Rights Abuses in Cameroon Based on Sexual Orientation and Gender Identity," details how the government uses article 347 bis of the Penal Code to deny basic rights to people perceived to be gay, lesbian, bisexual, or transgender (LGBT). The report describes arrests, beatings by the police, abuses in prison, and a homophobic atmosphere that encourages shunning and abuse in the community. The consequence is that people are not punished for a specific outlawed practice, but for a homosexual identity, the groups said.

"The poor and the young, who often have no way to get legal assistance, suffer the most from Cameroon’s abusive atmosphere," said Steave Nemande, president of Alternatives-Cameroun. "Even after they get out of jail, families and friends often reject them. They are denied education, jobs, even a place to live. Their lives are ruined." The report, based on 45 interviews with victims, documents abuse by police, including beatings on the victims’ bodies and even the soles of their feet. Prison guards ignore abuses by other prisoners, including beatings, rapes, and urinating and defecating on the victims’ possessions.

Those arrested under article 347 bis are routinely held without charge in excess of the minimum time allowed by Cameroonian law, the groups found. Judges may sentence them to prison time without credible evidence that they engaged in a homosexual act. Even when judges have dismissed charges, prosecutors have sometimes charged the accused again before they could be freed. Prejudice and discrimination against the gay and lesbian population of Cameroon is pervasive. Women who do not dress or act in "typically feminine" ways are often singled out for persecution. Like men, they can be ostracized by their families or suffer physical abuse at the hands of family members, which is especially difficult in a society where women are expected to remain dependent and in the family fold.

Women suspected of having sex with women can be specifically targeted for rape and sexual attacks in their communities and risk losing custody of their children. They have little recourse to the law because of their fear of arrest and jail. The media in Cameroon compound the repressive climate, the groups said. Newspapers have published the names of those purported to be gay and invented the term "homocraty" to promote fear and hatred of people who engage in same-sex relations, depicting them as power-hungry, corrupt, rich, and intent on controlling the country.

"Lesbian, gays, and bisexuals in Cameroon are considered lower than dogs," said Sébastien Mandeng of l’Association pour la défense des droits des homosexuels. "They face great injustice because of homophobia."

The criminalization of same-sex activities has serious health consequences, the groups said. Cameroon does not have HIV/AIDS programs designed to meet the special needs of LGBT people, despite evidence that this population is vulnerable to the virus. The government does not track HIV prevalence and conducts no surveys of behavior in these communities related to transmission of the virus. Furthermore, the government prohibits the distribution of condoms in prisons, although HIV prevalence in prisons is high, male prisoners engage in homosexual sex, and rape is common.

"People living in secrecy are vulnerable to blackmail and abuse," said Boris Dittrich, advocacy director of the LBGT Rights Program at Human Rights Watch. "Arrests may be relatively rare, but the physical violence and mental cruelty against this population are devastating."

Condemnation by international bodies has not been enough to end the persecution of people under article 347 bis. In December 2008, during the Universal Periodic Review of Cameroon’s human rights practices, the UN Human Rights Council recommended decriminalizing homosexual conduct. In July 2010, the UN Human Rights Committee called on the government to stem social prejudice and stigmatization against LGBT people, including in public health programs, to "ensure universal access to HIV/AIDS prevention, treatment, care and support." The government of Cameroon refused both recommendations.

Alternatives-Cameroun submitted a petition with more than 1,500 signatures to the National Assembly in November 2009 seeking decriminalization of same-sex relations. However, the National Assembly has not even considered introducing the topic into official discussion.

"The criminalization of same-sex conduct has consequences beyond the obvious unacceptable arrests," said Monica Mbaru, African coordinator of the International Gay and Lesbian Human Rights Commission. "It drives inequality within the justice system itself and promotes violence within people’s homes, families, and communities. The government of Cameroon needs to accept responsibility to ensure all Cameroonians live free of discrimination, whatever their orientation or identity."

Gay Cameroon News & Reports 2008-10

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