Struggle for Equal Human Rights for Lesbian, Gay, Bisexual, Transgender, and Intersex Individuals
In the vast and diverse continent of Africa, the LGBTI movement is gaining momentum, yet faces significant hurdles in its quest for equality and justice. The African Union (AU), the governing body of the continent, has not taken a public position on the issue of sexual orientation, and many governments prefer to avoid this topic. However, the African Commission on Human and Peoples' Rights (ACHPR), the body empowered to investigate violations of rights in Africa, as per the African Charter on Human and Peoples' Rights (ACHPR), has asserted that discrimination based on sexual orientation is incompatible with the Charter.
The ACHPR has tracked violations of LGBTI rights by member states and urged them to address documented incidents. Yet, the invisibility and marginalization of issues affecting groups other than gay men in the LGBTI movement could harm the unity of the movement. The Coalition of African Lesbians (CAL), a regional human rights organization, has applied for observer status with the ACHPR but has yet to receive a decision. CAL seeks observer status to engage with the ACHPR on issues related to lesbians, and does not intend to abolish any law, practice, or specific behavior that discriminates against people based on their sexual orientation.
Mainstream human rights organizations have followed suit in engaging with the issue of LGBTI rights, but for many, this is still a very recent development. The women's rights movement has been a traditional ally of the LGBTI movement, but many women's rights groups have been deterred from aligning with the LGBTI movement due to competition for attention, scarcity of resources, and the argument that engaging with LGBTI issues could negatively impact their primary concern.
Building a strong LGBTI movement is the greatest challenge at the moment. The LGBTI movement in Africa is facing challenges in developing strategies that resonate on the continent. Decriminalization of same-sex acts is important as it makes a clear difference for individuals whose daily lives are disrupted and who live in constant fear of being outed or blackmailed. However, in an environment where homophobia has displaced respect for the rule of law, constitutional guarantees, and international human rights standards, court processes as a strategy for change require more work outside than inside the courtroom.
The search results do not provide information on which organization the African Commission on Human and Peoples' Rights has not yet granted observer status despite meeting the criteria, nor the reasons why. It is crucial to note that the 34 countries of the Organization of American States (OAS) have approved resolutions supporting the rights of sexual minorities and combating discrimination based on sexual orientation and gender identity.
The AU calls on member states to reject divisive efforts in the UN that seek to impose controversial concepts outside the internationally and regionally agreed legal framework on human rights issues, particularly those related to social and value systems. An alternative statement by the Organization of the Islamic Conference criticized the French declaration for threatening to undermine international human rights conventions. This document was signed by 31 African countries.
More than legal arguments are needed to win a constitutional case defending LGBTI rights. The existence of a movement focused on (civil) rights, strategic partnerships with other civil society groups, cooperation with the judiciary, and the awareness of key actors that the harassment and persecution of LGBTI persons are human rights issues are increasingly considered prerequisites for using the courts to defend LGBTI rights.
The rights granted by the African Charter apply to every individual, every human being, and every citizen, and entitles all individuals to claim the rights of the Charter, regardless of any difference. As the LGBTI movement in Africa continues to evolve, it is essential to remember that every individual deserves respect, dignity, and equality, regardless of their sexual orientation or gender identity.
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