LEDAP, in collaboration with the Coalition of African Lesbians (CAL), would like to address the Special Rapporteur on Prisons and Conditions of Detention in Africa regarding the human rights situation of African people who are arrested and detained based on sexual orientation, gender identity and expression.

In the last six months we have had four reported cases of detentions of LGBTI people based on their work protecting and promoting rights based on sexual orientation and gender identity. These include two cases in Rwanda, four cases in Uganda, two in Mombasa, two in Zimbabwe, a group of more than 10 in South Africa and two people in Sudan.

These numbers exclude a number of similar cases not reported due to fear of stigmatisation, prejudice and secondary victimisation. These arbitrary detentions and arrests occur with support from state parties due to draconian laws criminalising homosexuality in most African states.

Once in detention, LGBTI human rights defenders experience secondary victimisation by police and security forces, homophobic ill treatment, extortion, blackmail, sexual violence, harassment and intimidation. This is happening in a context where there is no legal and human rights remedy to fall back on due to homophobic laws entrenched in these countries. In cases where alternative legal remedies exist, LGBTI human right defenders cannot afford them due to the situation of unemployment and poverty they find themselves in.

Given this context, we see the rejection of CAL’s application for observer status as a tool that if not reconsidered will legitimise and re-enforce ongoing violence by state and non-state actors in national jurisdictions.

We urge the Special Rapporteur on Prisons and Conditions of Detention in Africa to investigate, document and report these issues to the Commission and for responsible governments to put mechanisms in place to address this situation. We further call on the Commission to encourage governments to repeal laws criminalising homosexuality on the Africa continent.

LEDAP and CAL commit to work with the Special Rapporteur on Prisons and Conditions of Detention in Africa to ensure that this mandate is carried out effectively.

Lastly, madam chairperson, we appeal to the Commission to reconsider its decision and grant CAL’s application for observer status at this 48th ordinary session.

I thank you.