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Report documents continued persecution of LGBTQ, intersex people in Cameroon

Country’s penal code criminalizes consensual same-sex sexual activity

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The Cameroonian and Pride flags (Photo courtesy of Our Wellbeing Cameroon)

A 2022 Human Rights Watch report shows LGBTQ and intersex people in Cameroon continue to suffer persecution and abuse.

The Penal Code of 2016 criminalizes consensual same-sex sexual activity for both men and women. It carries a maximum penalty of five years in prison and a fine. Cameroon’s first penal code, which was adopted in 1965, did not criminalize homosexuality, but a 1972 amendment made consensual same-sex sexual activity illegal.

ā€œIn 2022, armed groups and government forces committed human rights abuses, including unlawful killings, across Cameroonā€™s Anglophone regions and in the Far North region and the persecution of LGBT people and mob attacks against members of the LGBT community intensified,” notes the report. 

The report notes security forces from March to May 2022 “arbitrarily arrested” at least six people and detained 11 others “for alleged consensual same-sex conduct and gender nonconformity.”

Human Rights Watch indicates a crowd of eight men armed with machetes, knives, sticks and wooden planks attacked a group of at least LGBTQ and intersex people in April 2022. Cameroonian police detained and beat at least two of the victims, according to the report. 

Tembeng Eli-Ann Anwi, a Cameroonian gender rights activist, said religion also plays a pivotal role in the ostracization of LGBTQ and intersex people.

ā€œIdentifying as 2SLGBTQIA+ is still a crime in Cameroon as per our Penal Code. Even though we are rectifying laws on gender equality, our government still finds it a criminal offence because it is still a crime and doing it publicly is bad, as any crime in Cameroon with evidence is a punishable offense,” said Anwi. “Moreso, if we look in the Bible, Sodom and Gomorrah were destroyed partly because this was practised there and for Christians, we know just the relationship between a man and a woman and not people of the same gender. 

“So to protect the people of this rainbow nation, they have to go to where it is being accepted, if you think it is right, come out and advocate for your beliefs, but do not forcefully engage people in your circle,” added Anwi. “However, not everyone or every society goes with every belief so to be safe you have to practice yours in your closet till the day it is legal, but people should not judge people for who they are.ā€ 

Blaise Chamango, director of Human Is Right, a Cameroonian NGO, said the police use the Penal Code to justify the arbitrary arrests of LGBTQ and intersex people.

ā€œSection 346 of the Cameroon Penal Code condemns homosexuality in Cameroon so the police officers use this as a pretext to keep harassing LGBT persons and subjecting them to illegal detention,” said Chamango. “As a result, those who identify as LGBT are constantly under attack from the community because it is something which is new and strange to many here, in some communities which are still very traditional it is even a taboo to mention that as some people are hostile to LGBT and do not want to associate with them.”

Chamango, like Anwi, noted religion in Cameroon “is strongly against the LGBT community as most religious leaders here abhor the practice and discourage believers to associate or accept identifying as LGBT as being normal.”

Nevertheless, we need to empower civil society organizations to carry out sensitization campaigns to promote a culture of tolerance and coexisting with LGBT persons and the rest of the society,” said Chamango. “It is also important to provide technical and material support to such organizations so as to provide legal support to LGBT persons who are victims of abuses.ā€

The State Department’s 2021 human rights report notes numerous cases of authorities arresting LGBTQ and intersex Cameroonians and abusing them while in their custody. Violence and discrimination based on sexual orientation, gender identity and HIV status were also commonplace in the country.

“The constitution prescribes equal rights for all citizens; however, the law does not explicitly prohibit discrimination against LGBTQI+ persons in housing, employment, nationality and access to government services such as health care,” notes the report. “Security forces sometimes harassed persons based on their perceived sexual orientation or gender identity, including individuals found with condoms and lubricants. Fear of exposure affected individualsā€™ willingness to access HIV and AIDS services, and several HIV positive men who had sex with men reportedly were partnered with women, in part to conceal their sexual orientation. Anecdotal reports suggested some discrimination occurred in places of employment with respect to sexual orientation.”

U.S. Ambassador to Cameroon Christopher Lamora is openly gay.

The Washington Blade has reached out to the State Department for comment on the Human Rights Watch report.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

Lesbian South African MP named to country’s new Cabinet

Steve Letsike won a seat in the National Assembly on May 29

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Steve Letsike (Photo courtesy of Steve Letsike)

South African President Cyril Ramaphosa on Sunday appointed lesbian MP Steve Letsike to his Cabinet.

Letsike, founder of Access Chapter 2, a South African advocacy group who is a member of the African National Congress that Ramaphosa leads, will be the country’s deputy minister of women, youth, and people with disabilities.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the countryā€™s first post-apartheid elections. Ramaphosa on Sunday announced Letsike and other new Cabinet members after the ANC and nine other parties agreed to form a National Unity Government.

The Washington Blade has reached out to Letsike for comment.

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Congolese justice minister orders prosecutor general to arrest LGBTQ allies

Constant Mutamba issued directive on June 15, implementation unclear

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Congolese Justice Minister Constant Mutamba (Photo courtesy of Mutamba's X account)

Congolese Justice Minister Constant Mutamba has instructed his country’s prosecutor general to arrest LGBTQ allies.

The newly appointed justice minister in a June 15 communique said the prosecutor general should initiate legal proceedings against people who advocate for the LGBTQ community in Congo.

Although same-sex marriages are constitutionally prohibited, there is currently no law that criminalizes consensual same-sex sexual relations. The communique has raised a lot of eyebrows from social and LGBTQ activists who are asking on what grounds Mutamba issued the communique.

“He could have started by initiating a bill in this direction, but in the current Congolese legislation he is missing the point,” said Jean Claude Katende, a Congolese human rights activist who is the president of the African Association of Human Rights. “If he wants to repress homosexuals, he must initiate a law which must make this behavior an offense and have it punished. He will be arrested for complicity in arbitrary arrests. The constitution is clear, no one can be prosecuted for an act which does not constitute an offense.” 

Khelver Hermano, a Congolese social commentator, said the law should not be interpreted based on one person’s emotions. 

“LGBT marriage is already not applied in the DRC but the minister wants to incarcerate those who do it informally without a legal basis,” said Hermano. “The law is not interpreted according to our will.” 

“Does the penal code in the DRC recognize polygamy? Why don’t we arrest all these known polygamists?” asked Hermano. “Just as polygamists are not prosecuted, we cannot do so against LGBT people.”Ā 

Many Congolese people, however, have welcomed the communique, arguing same-sex relations are un-African and unorthodox.

Article 172 of the country’s penal code states a person “who commits a moral crime by exciting, facilitating or promoting to satisfy the passions of others, debauchery or the corruption of persons of either sex under or apparently under the age of 21 years shall be punishable by a prison term of three months to five years or a fine.” Article 176 says a person “who engages in activities against public decency shall be punishable by a prison term of eight days to three years and/or a fine.”

Although not entirely applicable, the prosecutor general can use these two penal code articles to initiate the arrests ā€” the country in recent years has seen some arrests of LGBTQ people.

The June 15 communique is not the first time Mutamba has come out against the LGBTQ community. 

Mutamba earlier this year introduced a bill that would criminalize acts of homosexuality. The proposal received widespread support, particularly on social media where many Congolese people described it as a turning point for the country and for the continent at large.

Although parliament has not formally debated the bill, activists are concerned it will pass without many major objections because most MPs have previously said they do not support the LGBTQ community. It remains unclear how the prosecutor general will executive Mutamba’s communique.

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Prominent South African activist elected to country’s parliament

Steve Letsike founded Access Chapter 2

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Steve Letsike (Photo courtesy of Steve Letsike)

A prominent South African LGBTQ activist has won a seat in the country’s parliament.

Steve Letsike, a lesbian woman who founded Access Chapter 2, a South African advocacy group, is a member of the African National Congress. She is also part of the ANC’s National Executive Committee that determines the party’s direction.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. MPs earlier this month re-elected President Cyril Ramaphosa after the ANC invited the Democratic Alliance and other parties to form a Government of National Unity.

Letsike in a statement to the Washington Blade described her election as “a milestone for the people of South Africa, and also affirmative of our party’s posture that is inclusive and intention to transformation agenda.”

“I am not in parliament for myself but the people that trusted the ANC to send individuals that will put people first,” said Letsike. “In that cohort that includes the LGBTI people like myself. Rooted in the teaching of a just society, that seeks equality and believes in the rule of law. That demand on developmental agenda from a queer lens and clear priorities of the people is important.” 

“I am delighted by this task, trust and hope for our people,” she added.

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