Protecting the rights of sexual minorities in Africa.

2006 marks the 20th anniversary of the African Charter on Human and Peoples' Rights. How inclusive is the Charter of the rights of sexual minorities in Africa? And what role can the African Commission on Human and Peoples' Rights play in protecting and promoting the equal rights of lesbian, gay, bisexual and transgender (LGBT) people in Africa?

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These were the burning questions that a group of LGBT activists and partners from other human rights organisations from nine African countries set out to resolve during a ten-day training on the African Human Rights System in May this year, organised by the International Gay and Lesbian Human Rights Commission. The training took place in Banjul, Gambia, to enable participants to engage with the African Commission on Human and Peoples' Rights during its 39th Session, as well as with fellow human rights activists at the NGO Forum preceding the Session.

What does the African Charter say?

Activists were relieved to find that Article 2 of the African Charter states that "Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status."

Clearly then, all the rights and protections under the Charter apply equally to LGBT people in Africa, including equality before the law, freedom of speech and assembly, freedom of information, protection from arbitrary arrest and torture.

Hannah Forster, director of the African Centre for Democracy and Human Rights Studies who addressed the participants on the recently adopted AU Charter on the Rights of Women in Africa, stressed the importance for LGBT activist of fully knowing their rights and believing in themselves as equal human beings as a first step towards convincing others of their rights.

Engaging the Commission on LGBT issues

Having studied the various procedures for engaging the African Commission on Human and Peoples' Rights, which meets bi-annually to review country reports, NGO shadow reports, and complaints (usually brought by NGOs), the LGBT activists were able to engage the Commission on the situation in Cameroon, whose country report was up for review. The report made no mention of the human rights violations of nine men who had been languishing in gaol for almost a year while awaiting trial on charges of 'homosexuality', while a number of girls had more recently been expelled from secondary school for 'lesbianism', four of whom were also in jail awaiting trial.

An activist from Cameroon made a statement on this situation during the plenary session of the Commission, and the group handed a question to the Commissioners to put to the Cameroon government representative. The response from the representative was: "The conventions are clear that the moralities of the people, their customs are sacrosanct and thus I don't believe that the laws of Cameroon conflict with the international conventions."

The long road ahead

In June, seven of the men and all four young women were found guilty and given prison sentences as well as fines. This is but one example of how long the road ahead is for sexual minorities in most African countries to enjoy their full human rights. Another example is the Bill currently before the Nigerian parliament that aims to not only prohibit same sex marriage, but all forms of activism for LGBT rights, infringing on the rights to freedom of expression, association and assembly.

The activists present in Banjul will now inform their organisations and networks of what they have learnt, and will continue to engage the African Human Rights System with all means at their disposal to achieve the fundamental rights to equality, dignity and freedom for all lesbian, gay, bisexual and transgender people in Africa.