Section 347-1: The Hidden Law Most Cameroonians Don’t Know Could Land Them in Jail!

Cameroon is a nation where tradition, law, and modernity intersect in complex ways. Among the many provisions in its legal framework, one that has stirred intense domestic and international conversation is Section 347-1 of the Cameroon Penal Code, which criminalizes same-sex relationships.

This article seeks to educate readers about the legal stance of the Cameroonian state on homosexuality, explain what Section 347-1 entails, and reflect on the broader implications for citizens, law enforcement, and legal practitioners.

What Does Section 347-1 Say?

Section 347-1 of the Cameroon Penal Code provides:

“Whoever has sexual relations with a person of the same sex shall be punished with imprisonment for from six months to five years and a fine of from 20,000 to 200,000 francs.”

This law reflects Cameroon’s official legal stance on homosexuality. As it stands, same-sex sexual acts are illegal, and those found guilty may face both imprisonment and financial penalties. It is important to note that consensual same-sex conduct between adults is treated as a criminal offense, even when conducted in private.

The Legal Justification and Social Context

Cameroon operates under a bijural legal system, combining French civil law and English common law. While these systems were inherited from colonial rule, Section 347-1 is a Cameroonian law, created to reflect local cultural, moral, and religious values.

Even though countries like France and the UK have legalized same-sex marriage, Cameroon has taken a different approach, maintaining laws that align with its traditional beliefs. This local context explains why same-sex conduct remains criminalized, despite international trends.

In practice, the implementation of this law has led to arrests, detentions, and court trials, often sparking heated public debate. Some legal scholars argue that the law raises human rights concerns, especially regarding privacy, equality, and dignity. However, Cameroon’s current legal framework still holds firm against same-sex relationships.

Awareness and Legal Implications

It is very important for every Cameroonian to be aware of the existence and application of Section 347-1, especially in a time when social media and global activism increasingly expose citizens to foreign practices and beliefs.

Many young Cameroonians—especially those in urban areas—may not be fully aware that expressing or engaging in homosexual behavior can lead to prosecution under national law. Legal awareness is, therefore, vital.

Citizens should understand:

1. The risks and penalties associated with violating this law.

2. The rights of individuals under arrest, including the right to legal representation.

3. The importance of being informed about national legislation, especially on sensitive social matters.

Activism, Advocacy, and Controversy

Despite the law’s firm wording, Cameroon has seen bold activism from figures like Barrister Alice Nkom, a well-known human rights lawyer who has publicly defended individuals prosecuted under Section 347-1. She has gained international recognition for her efforts in pushing for the decriminalization of homosexuality, a position that continues to attract both support and criticism.

Another notable figure is Michel Togué, a Cameroonian lawyer who, alongside Alice Nkom, has also defended several accused individuals in homosexuality-related cases. His legal work has placed him under threats and pressure, yet he continues to advocate for legal protections and fair trial rights, regardless of public opinion.

In recent years, high-profile cases have brought further attention to this issue:

In 2013, a man named Eric Ohena Lembembe, a journalist and LGBT rights activist, was found murdered in Yaoundé. His death came shortly after he had spoken out about increasing threats against activists. Although investigations were launched, the case remains unsolved and symbolizes the climate of fear and hostility surrounding homosexuality in Cameroon.

In 2021, two transgender women—Shakiro (Loic Njeukam) and Patricia (Roland Mouthe)—were arrested in Douala and sentenced to prison under Section 347-1. Their conviction sparked international concern, leading to calls for their release. The Court of Appeal later ordered their provisional release, but the case intensified the global spotlight on Cameroon's anti-homosexuality laws.

These cases and the individuals involved show the growing friction between legal enforcement, international pressure, and human rights advocacy.

Final Thoughts: Awareness First

The purpose of this article is not to take a position for or against homosexuality, but to educate the public about the law. Understanding the legal environment you live in is an essential step toward being a responsible and law-abiding citizen.

Cameroon’s stance, as enshrined in Section 347-1, reflects the country’s current legal and cultural identity. While debates and advocacy continue, what remains undeniable is the need for legal literacy, especially among youths, students, and social media users.

Prince K. NFOR

Law Student.

References

1. Cameroon Penal Code – Section 347-1, Law No. 67/LF/1 of 12 June 1967.

2. International Federation for Human Rights (FIDH) – “Cameroon: Criminalization of Homosexuality.”

3. Human Rights Watch – “I Have to Leave to Be Me: Discriminatory Laws Against LGBT People in Cameroon.”

4. France24 Interview – “Barrister Alice Nkom: ‘I will continue defending LGBT rights in Cameroon’” (2021).

5. Amnesty International – “Cameroon: Shakiro and Patricia should not have been arrested in the first place” (2021).

6. BBC News – “Cameroon gay rights activist Eric Lembembe murdered” (2013).

7. The Guardian – “Threats and trials: Cameroon lawyers speak out on defending LGBT clients” (Interview with Michel Togué).