Guest 1 on the line: Frans Viljoen -Director and Professor of International Human Rights Law, Centre for Human Rights, University of Pretoria
The primary human rights watchdog in Africa recently made a decision that departed from its existing practice. The African Commission of Human and Peoples’ Rights, an independent expert body within the African Union (AU) framework, used sexual or gender identity as the reason it rejected applications for observer status from three non-governmental organisations (NGOs).
The commission said that “sexual orientation” was not an “expressly recognised right” in the African Charter on Human and Peoples’ Rights. It also said that protecting and promoting sexual and gender minority rights was “contrary to the virtues of African values”.
The decision casts a shadow over the commission’s commitment to advancing the rights of all Africans. It also seriously erodes its independence from AU states.
One of the commission’s competences is to grant observer status to NGOs. This entitles an NGO to participate in the commission’s public sessions, and make statements drawing attention to the violation of the rights of the most vulnerable, including sexual and gender minorities.