Title: Resolution for the Support and Protection for LGBTQIA+ People in Africa
Submitted by Democratic Alliance (DA)
Noting that:
- The Resolution 275 as adopted at the African Commission on Human and Peoples’ Rights meeting at its 55th in Luanda, Angola, in May 2014 seeks “Protection Against Violence and Other Human Rights Violations Based on Real or Imputed Sexual Orientation or Gender Identity”.
- Article 2 of the African Charter on Human and Peoples’ Rights, which prohibits discrimination based on distinctions such as race, ethnicity, colour, sex, language, religion, political or other opinions, national or social origin, wealth, birth, or any other status.
- Article 3 of the African Charter, which entitles every individual to equal protection under the law.
- Articles 4 and 5 of the African Charter, which guarantee respect for each person’s life and integrity, while prohibiting torture and other forms of cruel, inhuman, or degrading treatment or punishment.
Considering that:
- Acts of violence, discrimination, and other human rights violations persist across many parts of Africa against individuals due to their actual or perceived sexual orientation.
- Consensual same-sex sexual acts are still criminalised in more than 30 African countries, in particular by the severely worsened legislation in Uganda
Calling for:
- States to encourage decriminalisation and to refrain from any increased criminalisation of consensual homosexuality
- The condemnation of systematic attacks by both state and non-state actors against individuals based on their real or perceived sexual orientation;
- State parties to ensure that human rights defenders operate in an enabling environment free from stigma, reprisals, or criminal prosecution due to their efforts to protect human rights, including the rights of sexual minorities;
States to take active measures to eliminate all acts of violence and abuse targeting members of the LGBTQIA+ community, by enacting and enforcing laws that prohibit and punish all forms of violence and lawfare which target individuals based on real or perceived sexual orientation, ensuring thorough investigation and prosecution of perpetrators, and establishing judicial procedures responsive to the needs of victims.
