2 November 2010

Mr Mumba MALILA
Vice chairperson
African Commission on Human and Peoples’ Rights

Your excellency,

The Center for Women’s Global Leadership is writing to express our deep concern about the recent decision, made on behalf of the African Commission on Human and Peoples’ Rights (ACHPR), to not grant observer status to the Coalition of African Lesbians (CAL). As we understand, CAL applied for observer status at the ACHPR at its 43th Ordinary Session held in Accra, Ghana, May 2008. The coalition submitted all the necessary documentation and fulfilled all the administrative and legal requirements needed for organisations to apply for observer status. Between May 2008 and May 2010, the coalition did not receive any formal response from the commission regarding their application. On 25 October 2010, CAL received a letter written and signed by Dr Mary Maboreke, who manages the secretariat for the African Commission on Human and Peoples’ Rights, stating that:

‘I write in pursuant to the information earlier conveyed that consideration of your request for Observer Status had been deferred to the 47th Ordinary Session of the African Commission on Human and People’s Rights (ACHPR).

The ACHPR has deliberated on your application and decided not to grant Observer Status to the Coalition of African Lesbians.’

As we understand, the letter contained no explanation regarding why CAL’s application was not granted observer status. We find it discriminatory, unjust and unfair that their application was rejected on no apparent grounds since it met all the legal requirements.

The Coalition of African Lesbians – in partnership with other civil society organisations who have been pushing for observer status since May 2008, namely, the International Gay and Lesbian Human Rights Commission, Interrights, Global Rights, the Centre for Human Rights – University of Pretoria, People Opposing Women Abuse, African Men for Sexual Health and Rights, the International Commission of Jurists and the Human Rights Institute of Southern Africa, among others – has taken myriad actions to articulate the depth and extent of violence against LGBTI (lesbian, gay, bisexual, transgender and intersex) people in Africa. In order to end such violence, the African Commission on Human and Peoples’ Rights has an obligation to create mechanisms to protect and promote rights based on sexual orientation and gender identity and to end violence to this effect. One way to do so is for the commission to build a formal relationship with organisations like CAL to work together towards the protection and promotion of human rights.

As an international women’s human rights organisation dedicated to the protection of individual human rights throughout the world, we urge the ACHPR to review their decision to not to grant observer status to the Coalition of African Lesbians, as it is against the provisions of the African Charter on Human and Peoples’ Rights. Thank you for your attention to this urgent matter.

Sincerely yours,

Radhika Balakrishnan
Executive director
Center for Women’s Global Leadership

Rutgers, The State University of New Jersey, 160 Ryders Lane, New Brunswick, NJ 08901-8555 USA Tel: 1-732-932-8782, Fax: 1-732-932-1180, Email: [email][email protected], Web: http://www.cwgl.rutgers.edu

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