Commission should grant CAL observer status

Alternatives Cameroon, in collaboration with the Coalition of African Lesbians (CAL), would like to congratulate the African Commission on Human and Peoples' Rights for passing a resolution establishing a committee on People Living with HIV/AIDS and Those most at Risk to address the violations of the rights of vulnerable groups, with a specific emphasis on women, children, sex workers, migrants, men who have sex with men and prisoners.

We express our responsibility, willingness and commitment to work with the commission in fulfilling its mandate in terms of article 45 of the African Charter on Human and Peoples' Rights, which is to promote and protect human rights of African people, more particularly lesbian women, bisexual, transgender people and gay men. We further assert our deepest disappointment, dissatisfaction and concern for the decision of this commission to deny observer status to the Coalition of African Lesbians. By denying observer status, the Commission has betrayed two of its major functions, established by article 45 of the African Charter on Human and Peoples’ Rights, that is to say its mandate to protect and promote human rights. Through this decision the commission has legitimised ongoing violations by both state and non-state parties, thereby aggravating the vulnerability of LGBTI (lesbian, gay, bisexual, transgender and intersex) people to violence, prejudice and homophobia.

Chapter 1 of the resolution on the criteria for granting and enjoying observer status to non-governmental organisations working in the field of human rights with the African Commission on Human and Peoples' Rights sets out the procedure for application, stating that:

‘All organisations applying for observer status with the African ACHPR shall consequently:

‘- have objectives and activities in consonance with the fundamental principles and objectives enunciated in the OAU [Organisation of African Unity] Charter and in the African Charter on Human and Peoples' Rights
- be organisations working in the field of human rights
- declare their financial resources.’

CAL meets these criteria for eligibility.

The lack of information with regard to human rights violations against African women on the grounds of their real or perceived sexual orientation and gender identity – and the denial of access to this space for the Coalition of African Lesbians – will, as a consequence, seriously undermine the capacity of this institution to ensure protection, as mandated by article 45(2).

CAL is an organisation that works to protect human rights guaranteed from article 1 to article 29 of the African Charter on Human and Peoples' Rights for African people who self-identify as lesbian, bisexual and transgender women. The African Commission is an organisation set up to protect and promote human rights. It only makes sense that CAL should be in this space working with the commission in fulfilling its mandate to promote and protect human and peoples' rights of LBT women as well.

In addition, we call for the inclusive participation of persons living with disabilities in the drafting of the protocol for persons with disabilities. Their voices must be heard. We urge the commission to call on SADC (Southern African Development Community) member states to hold an extra-ordinary session to lift the suspension of the SADC Tribunal in the interests of promoting and protecting human rights in the SADC region.

Noting that 2010 is the year of peace and security and the launch of Africa decade for women (2010–20), we urge the commission to reconsider its decision and grant observer status to the Coalition of African Lesbians at this 48th Ordinary Session of the African Commission on Human and Peoples' Rights as a symbol of a commitment to promoting and protecting the rights of African women regardless of sexual orientation and gender identity.

Thank you.

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