Homophobic Climate Maintained by State Inaction: Support and Protection Needed for the Defenders of the Rights of LGBTI People

on the situation ofLGBTI people's rights defenders

Paris–Geneva, February 3, 2014. TheObservatory for the Protection of Human Rights Defenders, a joint programme ofFIDH and OMCT, outlines the preliminary conclusionsof a mission conducted in Cameroon from January 7 to 16, 2014 on the situationof lesbian, gay, bisexual, transgender and intersex (LGBTI) people's rightsdefenders.

The testimonies and analyses gathered duringthe mission reflected an environment marked by overall insecurity andintimidation against health rights and LGBTI rights defenders, in a context ofcriminalisation of homosexuality. The mission delegates were able to meetnotably with representatives of human rights organisations, LGBTI people,journalists, lawyers, sexual health workers, church representatives, nationalauthorities and institutions as well as diplomatic missions.

To date, Cameroon is the country with the highest number of personsbeing prosecuted, sentenced and imprisoned for “consensual sexual relationswith a person of the same sex” (Article 347bis of the Penal Code). Despite amoratorium promised by President Biya on arrests carried out in application ofArticle 347bis of the Penal Code, at least 15 people (men and women) are nowbeing held in Cameroonian prisons because of their real or suspected sexualorientation.

Between 2012 and 2013, many defenders have faced targeted acts ofharassment because of their support for LGBTI persons. According to the missiondelegates, “the Cameroonian authorities are showing no perceptible signs ofwillingness to stop these persecutions. According to the information received,none of the persons responsible for blackmail or extortion has ever beenarrested or troubled, and the complaints filed by the defenders have all beenignored. This is especially alarming since law enforcement officers may havebeen involved in several of these cases”.

On the very issue of the investigation into the death of Eric OhenaLembembe, Executive Director of the Cameroonian Foundation for AIDS (CAMFAIDS)and journalist who actively defended LGBTI rights, the mission noted that theonly procedural act carried out by the investigating judge up to now was a “summons to witness … to be accused andquestioned about charges of aggravated theft”, notified by a bailiff onOctober 17, 2013 to six persons who were close to the victim. “Theinertia of the Cameroonian authorities encourages a climate of impunity for theperpetrators of crimes and persecution against LGBTI people, and contributes tothe stigmatisation and discrimination of these people and of the defenders oftheir rights”, the mission delegates stated.

In addition to the repression described above, institutions responsiblefor guaranteeing respect for people’s rights suffer from lack of independenceand resources. In particular, the National Commission on Human Rights andFreedoms (Commission nationale des droits de l'Homme et deslibertés – CNDHL) does not have theauthority nor the independence needed to protect Cameroonian citizens,especially the most vulnerable ones, including LGBTI people. Furthermore, thelegal aid system is ineffective. The result is that, in fact, the mostvulnerable people do not have access to legal services nor to a fair trial.This situation is all the more serious for people suspected of homosexuality asonly three or four lawyers are willing to represent them before the police andjudicial authorities, which in turn increases the stigmatisation of thoselawyers.

“In this context, LGBTI rights defenders are working in an atmosphere ridden withfear and insecurity due to the lack of sustainable institutional support for identity-based organisations.Insecurity pushes the organisations to “hide” themselves behind activities tocombat AIDS in favour of populations most at risk, which are covered in theNational HIV/AIDS Strategic Plan”,the mission deplored.

The Observatory will publish in the coming months a comprehensivemission report on the situation of LGBTI rights defenders in Cameroon withspecific recommendations to the national authorities, non-State actors,international organisations, diplomatic representations and to national,regional and international human rights protection mechanisms.