On the occasion of the 48th Ordinary Session of the African Commission on Human and People’s Rights (ACHPR), the Women Human Rights Defenders International Coalition denounces the rejection of the application for observer status made by the Coalition of African Lesbians (CAL) before the African Commission on Human and Peoples’ Rights (ACHPR). CAL’s application was submitted in May 2008, it was deferred twice, and finally rejected on 25 October 2010.

Dr Mary Maboreke, who manages the African Commission Secretariat, wrote: ‘The ACHPR has deliberated on your application and decided not to grant observer status to the Coalition of African Lesbians.’ No explanation was given regarding the denial of the application, even as special rapporteur on freedom of expression Pansty Tlakula of South Africa endorsed it before the commission and stated that the application met all the necessary legal requirements.

When CAL submitted its application in 2008, it was deferred to May 2009; then to November 2009; then deferred again to a private session of the commission in May 2010. The commissioners justified that they needed more information on sexual orientation and gender identity in order to inform their decision. Several studies and a panel of LGBTI experts were presented before the commissioners to bring their attention to the pervasive and punitive violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Africa. The commissioners however maintained that sexual orientation and gender identity are not guaranteed rights in the African Charter on Human and Peoples’ Rights.

CAL is a network of organisations committed to promoting African lesbian equality and giving visibility to their concerns. The network aspires for ‘all lesbians to enjoy the full range of human rights, secure in the knowledge that (they) are recognised as full citizens, with rich and diverse cultures, and a significant and respected presence in all spheres of life, through personal and organisational growth’.

Contrary to the claim of the commissioners, Article 2 of the African Charter on Human and Peoples’ Rights explicitly states: ‘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, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.’

The United Nations Declaration on Human Rights Defenders, which the UN General Assembly adopted by consensus in 1998, recognises that ‘everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms’ at all levels.

Given that there is no legitimate basis to deny the application of CAL and to do so contravenes the provision of the African Charter and existing international human rights instruments, we call on the ACHPR to reconsider its decision and grant CAL’s application for observer status before the ACHPR.

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* Women Human Rights Defenders International Coalition is a resource and advocacy network for the protection and support of women human rights defenders worldwide.
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