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HARAMAYA LA WREVIEW Vol. 8 (2019) ISSN: 2227-2178 (P) & 2305-3739 (E)
To cite this Article: Mikano Emmanuel Kiye, Criminalization of Same-Sex relations in Cameroon:
Appraisal from Group Rights Perspective, HARAMAYA LAW REVIEW 8 (2019): 1-16
CRIMINALIZATION OF SAME-SEX RELATIONS IN CAMEROON: APPRAISAL FROM
GROUP RIGHTS PERSPECTIVE
Mikano Emmanuel Kiye*
Abstract
Cameroon's anti-homosexual law has put the country on the spotlight for wrong reasons.
The country has been criticized by human rights groups for its treatment of sexual
minorities. Mostly based on a liberal paradigm that emphasizes individual claims, the
criticisms argue that the anti-homosexuality law is inconsistent with the enjoyment of some
rights and freedoms, notably equality, non-discrimination and freedom of expression. By
analyzing the relevant domestic and international laws and reviewing selected literatures,
this article opines that the conventional position which frowns at the anti-homosexuality law
is undermined in Cameroon where criminalization of homosexuality also enforces moral
and cultural values. Consequently, within the context of the Constitution of Cameroon, as
read alongside international laws, the offence involves competing categories of rights.
Though it is inconsistent with some individual rights, it conversely protects group rights
which inevitably leads to rights prioritization in the country. This article argues that
resistance against decriminalization of same-sex relations is informed by the desire to
protect the family, health and moral of society and to reinforce duties owed by individuals to
society. To mitigate the tension between individual and group rights inherent in Cameroon's
anti-homosexuality law, this article recommends a limited moratorium on prosecutions of
homosexuals provided that they are discreet about their sexual orientation. Any attempt at
decriminalizing homosexuality without ushering changes in the country's communitarian
values will rarely protect homosexuals from persecution and harassment.
Keywords: Communitarian, Constitution, Criminalization, Homosexuality, Human Rights
I. INTRODUCTION
Homosexuality involves sexual relations between persons of the same sex. Like in most
countries of sub-Saharan Africa, homosexuality is punishable under Cameroonian law.' Within
the context of both the 1996 Cameroon's Constitution (hereinafter, the Constitution) and
international laws, the offence is seemingly at crossroads of competing, and perhaps conflicting,
* Department of English Law, Faculty of Laws and Political Science, University of Buea, Cameroon. The author can
be reached through mikano.kiyeubueacm or mikano2khotmail.com.
1 See Section 347 bis of the Penal Code 1967 of Cameroon, available at:
ILts://www.wipo.int/edocs/lexdocs/laws/en/cmcmO l4g.2df.
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