African Commission Urges Cameroon to End LGBTI Discrimination

An asylum seeker from Uganda covers his head with a paper bag in order to protect his identity. (Photo: Jessica Rinaldi, Reuters)
An asylum seeker from Uganda covers his head with a paper bag in order to protect his identity. (Photo: Jessica Rinaldi, Reuters)

Last month, Cameroonian human rights defender Alice Nkom traveled to London with a plea: “I need everyone because right now, I am a little isolated. It’s on occasions like this that we must show we are one, united, universal in this fight.” Nkom, who is in her 70s and was the first woman admitted to the Cameroonian bar, is one of only two lawyers in Cameroon who represents people who are charged with violating the country’s law criminalizing same-sex conduct.

The Advocates for Human Rights has been working with Nkom and other human rights defenders to advance the rights of LGBTI persons in Cameroon.  And, in part because of this collaborative advocacy, Africa’s leading human rights body has joined the fight against LGBTI discrimination in Cameroon.

The Advocates and Cameroonian partners report on LGBTI discrimination in Cameroon

Jennifer and Alice NkomIn 2013, after meeting with Nkom in Douala, The Advocates for Human Rights partnered with Nkom’s organizations, the Association for the Defence of Homosexuals (ADEFHO) and the Network of Human Rights Defenders in Central Africa (REDHAC), along with the Cameroonian Foundation for AIDS (CAMFAIDS), to submit a 45-page report to the African Commission on Human and Peoples’ Rights for its periodic review of Cameroon’s human rights record. The report details violations of rights on the basis of sexual orientation and gender identity in Cameroon, demonstrating how the Government of Cameroon is violating its obligations under the African Charter on Human and Peoples’ Rights.

African Commission responds, urging Cameroon to protect and promote tolerance of sexual minorities

African Commission on Human and People's RightsThe African Commission on Human and People’s Rights recently published its concluding observations from its review of Cameroon. The concluding observations draw on our report, making several references to persecution of sexual minorities. The African Commission identifies several areas of concern:

“The judicial harassment, offences against life and other violations of rights of human rights defenders, in particular the rights of defenders working in the area of sexual orientation;” and

“The discrimination, stigma and violation of the right to life and physical and mental integrity of individuals based on their sexual orientation.”

The African Commission urges Cameroonian authorities to “Take appropriate measures to ensure the safety and physical integrity of all persons irrespective of their sexual orientation and maintain an atmosphere of tolerance towards sexual minorities in the country.”

LGBTI Cameroonians and their advocates continue to face pervasive violence and discrimination

As the African Commission’s concerns suggest, people in Cameroon face pervasive violence and discrimination based on actual and perceived sexual orientation and gender identity. Discrimination extends to human rights defenders like Nkom, who work on their behalf. Nkom describes conditions as “an anti-homosexual apartheid.”

Eric Ohena LembembeAs we highlighted in our report, in 2013 CAMFAIDS founder Eric Ohena Lembembe was discovered brutally murdered in his own apartment. Authorities have conducted a lackluster investigation into the circumstances of his death, and investigators have even attempted to intimidate his friends and family.

After Ohena Lembembe’s murder, threats against other human rights defenders escalated, with some anonymous messages simply saying, “You’re next.” “It has become more difficult; I must die, and I will,” observed Nkom. “Because many died for us to be free today—free to be a woman, to be a black woman, to do what I do. So we must continue.”

In 2014, Roger Jean-Claude Mdede died in his home village under troubling circumstances. Mbede had notoriously been convicted in 2011 for sending a man a text message saying “I’ve fallen in love with you.” Nkom and Michel Togué, the other Cameroonian lawyer who takes on these cases, secured Mbede’s release.

But Mbede faced serious health problems. And the notoriety of Mbede’s case meant escalating persecution; he was physically assaulted by four unknown men near the university where he studied. Local and international efforts to get Mbede out of Cameroon failed. Mbede returned to his village in ill health, and some people close to him say that his family thought he was cursed and held him in the village against his will until he died.

Nkom takes case to Cameroon’s Supreme Court

Nkom is taking Mbede’s case to the Supreme Court of Cameroon, challenging the constitutionality of the country’s prohibition on same-sex relations. The Constitution of Cameroon includes and incorporates the Universal Declaration of Human Rights, which proclaims that “all human beings are born free and equal in dignity and rights.” The constitution further states that “duly approved and ratified treaties and international agreements,” including the African Charter on Human and Peoples’ Rights, shall “override national laws.”

When we first met with Nkom back in 2013, we discussed ways that The Advocates and its volunteers could collaborate on Mbede’s case and in placing pressure on Cameroonian authorities to respect the rights of LGBTI people. Our report to the African Commission was one such strategy. The African Commission’s call for Cameroonian authorities to take action to end persecution and discrimination on the basis of sexual orientation is a positive sign of change.  Now the the Supreme Court of Cameroon must pay careful attention to the African Commission’s words when it hears Mbede’s case.  At The Advocates for Human Rights, we will be watching closely.

Because, in the words of Alice Nkom, “[W]e are one, united, universal in this fight.”

Read more about the global movement for LGBTI rights:

African Commission to Consider Violence Perpetrated Because of Sexual Orientation, Gender Identity

“Look at the details of Eric Ohena Lembembe’s life and you will understand why he died.”

Two Steps Forward, One Step Back for LGBTI Rights in Africa

Recent Anti-LGBTI Laws Violate Human Rights

Out in the Cold: LGBT Visibility at Olympics Key to Ending Homophobia

Russia’s “Gay Propaganda” Law: How U.S. Extremists are Fueling the Fight Against LGBTI Rights

Locking the Iron Closet: Russia’s Propaganda Law Isolates Vulnerable LGBTI Youth

The Wild East: Vigilante Violence against LGBTI Russians

Moving Forward: Four Steps and Six Strategies for Promoting LGBTI Rights Around the World

 Watch the short documentary Hate Unleashed, which follows Alice Nkom as she seeks to challenge the prosecutions, and provide some care and support to those who have been incarcerated.

Amy Bergquist is a staff attorney with The Advocates’ International Justice Program.

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