{"id":253883,"date":"2023-03-20T18:54:15","date_gmt":"2023-03-20T16:54:15","guid":{"rendered":"https:\/\/www.myza.co.za\/lgbtq-rights-african-union-watchdog-goes-back-on-its-own-word\/"},"modified":"2023-03-20T18:54:15","modified_gmt":"2023-03-20T16:54:15","slug":"lgbtq-rights-african-union-watchdog-goes-back-on-its-own-word","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/lgbtq-rights-african-union-watchdog-goes-back-on-its-own-word\/","title":{"rendered":"LGBTQ+ rights: African Union watchdog goes back on its own word"},"content":{"rendered":"
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The primary human rights watchdog in Africa recently made a decision that departed from its existing practice. The African Commission of Human and Peoples\u2019 Rights<\/a>, an independent expert body within the African Union (AU) framework, used sexual or gender identity as the reason it rejected applications for observer status from three non-governmental organisations (NGOs).<\/p>\n

The commission said that \u201csexual orientation\u201d was not an \u201cexpressly recognised right\u201d in the African Charter on Human and Peoples\u2019 Rights<\/a>. It also said that protecting and promoting sexual and gender minority rights was \u201ccontrary to the virtues of African values\u201d.<\/p>\n

The decision casts a shadow over the commission\u2019s commitment to advancing the rights of all Africans. It also seriously erodes its independence from AU states<\/a>. <\/p>\n

One of the commission\u2019s competences is to grant observer status to NGOs<\/a>. This entitles an NGO to participate in the commission\u2019s public sessions, and make statements drawing attention to the violation of the rights of the most vulnerable, including sexual and gender minorities. <\/p>\n

So far, the commission has granted observer status to 544 NGOs<\/a>. The three it recently refused observer status to are Alternative C\u00f4te d’Ivoire<\/a>, Human Rights First Rwanda<\/a> and Synerg\u00eda \u2013 Initiatives for Human Rights<\/a>.<\/p>\n

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Read more: Successes of African Human Rights Court undermined by resistance from states<\/a> <\/strong> <\/em>\n<\/p>\n

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The denial of observer status means that the NGOs will not have a voice before the African commission. They will not be able to draw its attention to the human rights violations of LGBTQ+ people in Africa. The move further politicises sexual and gender minority issues in Africa, further restricts civil society functioning, and further marginalises communities and people who have already been stigmatised and excluded. <\/p>\n

Not the first time<\/h2>\n

The commission\u2019s decision has a history. In 2015, it granted observer status to a South African-based NGO, the Coalition of African Lesbians. The AU executive council directed the commission<\/a> to withdraw this, on the basis that the NGO attempts to impose values contrary to African values. The executive council is made up of ministers of foreign affairs. Its mandate is to \u201cconsider\u201d the commission\u2019s activity reports.<\/p>\n

After getting an ultimatum<\/a> from the executive council, the commission complied in 2018. <\/p>\n

The reversal attracted the legitimate criticism<\/a> that the commission was not acting independently<\/a> in supervising state compliance with human rights in Africa.<\/p>\n

Its latest decision rests on three pillars. <\/p>\n