Ignoring Human Rights for Homosexuals: Gross Violations of International Obligations in Cameroon

I. INTRODUCTIONJean-Claude Roger Mbede ("Mbede") currently sits in a Cameroonian prison where he likely faces overcrowding, abuse, and unsanitary conditions1 after being sentenced to three years for the criminal act of "being homosexual."2 Police used an intercepted text message from Mbede to a male acquaintance as the basis to arrest Mbede for homosexuality under Cameroon's Article 347 bis3 ("Article 347").4 Article 347 of Cameroon's Penal Code forbids sexual relations between persons of the same sex and punishes violators with a fine and potential jail time.5 Men and women are often harassed, abused, arrested, and even killed when suspected of being homosexual in Cameroon.6 The Cameroonian government, law enforcement, and even average citizens commit these acts with impunity, while Article 347 ensures that the victims of these attacks are the ones being prosecuted.7Article 347's continued existence leads to specific violations of international law and basic human rights guaranteed by the International Covenant on Civil and Political Rights ("ICCPR");8 in particular, freedom of expression, freedom from arbitrary arrest and detention, and freedom from invasions of privacy.9 The recent arrest and conviction of Mbede, an alleged homosexual, illustrates Cameroon's disregard for these international human rights obligations.10 This Comment will use the Mbede case to analyze how anti-homosexuality laws, particularly Article 347, violate these specific provisions of the ICCPR.Part II of this Comment will examine international trends regarding increased rights for homosexuals and highlight the international attention directed at Cameroon's criminalization of homosexuality.11 Part II will also provide a brief description of Article 347, how it is enforced, and its effects on Cameroonian culture.12 Part II will then define Cameroon's international legal obligations to guarantee fundamental human rights under the ICCPR, highlighting Articles 9, 17, and 19.13 Part II will also discuss relevant international human rights jurisprudence that has addressed arbitrary arrest and detention, freedom of privacy, and freedom of expression.14 Lastly, Part II will detail the Mbede case, which will serve as the background against which the remainder of the Comment is set.15Part III of this Comment will demonstrate how enforcement of Article 347 promotes arbitrary arrest and detention, in violation of Article 9 of the ICCPR.16 Additionally, Part III will show that Article 347 leads to invasions of the privacy individuals are guaranteed under Article 17 of the ICCPR.17 Lastly, Part III will argue that criminalizing homosexual acts prohibits freedom of expression of one's sexual identity in violation of Article 19 of the ICCPR.18 Part III will prove these violations by Cameroon through comparing the Mbede case to United Nations Human Rights Committee ("HRC") decisions, United Nations Working Group on Arbitrary Detention ("WGAD") opinions, and the domestic legal opinions of other States that identified violations of Articles 9, 17, and 19 of the ICCPR.19Finally, Part IV of this Comment will recommend that Cameroon repeal Article 347 altogether to ensure its citizens' basic human rights.20 Part IV will then provide a method for generating increased pressure on Cameroon by suggesting that Mbede file an individual urgent complaint with the Human Rights Committee seeking release from prison and financial compensation.21 Part IV will conclude by proposing that Cameroon implement a plan, preferably through repeal of Article 347, to re-educate Cameroonian citizens about homosexuality and prosecute those who infringe on the human rights of homosexuals.22II. BACKGROUNDA. THE INTERNATIONAL TREND TOWARD CIVIL RIGHTS FOR HOMOSEXUALSAs support for homosexual rights continues to grow around the world,23 Cameroon will find it hard to defend its criminalization of homosexual acts. Since 1967, the Western world has witnessed the decriminalization in many states of sodomy between consenting adults in private in many states. …