The chairperson, African Commission on Human and Peoples' Rights

Dear Madam/Sir,

Re: Protest on denial of observer status to Coalition of African Lesbians (CAL)

This is a protest letter at the decision by the African Commission on Human and Peoples' Rights to deny observer status to the Coalition of African Lesbians (CAL).

When the African Charter on Human Rights was being discussed this year in the May session and the issue of discrimination based on gender and sexuality came up, one government delegate (from Egypt) is said to have snapped: ‘This is Africa.’ As usual when women matters come up and are belittled, there was laughter. The statement was not only sad but disturbing. Did it mean that in Africa there is no respect for human rights, that only a few people get to enjoy the rights or that it is OK to lock some people out?

One of the reasons the Organisation of Africa Union was disbanded was because it was stuck in a rut and sadly operating on the basis of exclusion, especially by rulers who wanted to cling on to power. The AU (African Union) was formed to herald a new dawn, especially one based on respect for all human kind despite their gender, race, sexuality, region, tribe and religious affiliations, among other things. The union realised and agrees that women have been marginalised and continue to be by many governments. Sadly, the union continues to watch as violence on women and girls goes unabated. Why, for example, has the AU been quiet on the plight of thousands of women who continue to be raped in the DR Congo? Why is AU quiet when thousands of women and children are displaced in wars in some African countries?

Does it mean in Africa the plight of women can be ignored? Is this what it means to be in Africa?

By denying the Coalition of African Lesbians observer status, the African Commission is clearly saying that its activities are like an exclusive club that is free to pick membership with little regard for human rights tenets. The decision also means that the Commission is unable to view the coalition beyond the ‘sexual’ – a thing that has been used to marginalise women and violate their rights. It also means the commission has little regard for democratic principles and does not welcome diversity in composition and in voice. In such a global world, if the commission were to account for its action, what would it say? On what grounds would it say it denied call observer status?

We expect the commission not to make decisions based on negative cultural perceptions, religious convictions, stereotypes and other personal biases, which we doubt are the guiding principles.

Discrimination on whatever grounds, especially by the African Commission on Human and Peoples' Rights, is unacceptable. Therefore, the Artists For Recognition and Acceptance (AFRA-Kenya), which is a group of lesbian, bisexual and transgender women artists in Kenya, condemn the move. We demand that CAL be granted observer status at the commission. The commission must learn to view sexual diversity as a means of progress and through its actions and activities promote tolerance, acceptance and recognition of all the people it claims to represent.

Signed,

Rose Wanjiku,
Director, AFRA-Kenya

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