Sony Pixel Power calrec Sony

LGBTQ+ rights: African Union watchdog goes back on its own word

20/03/2023

LGBTQ rights: African Union watchdog goes back on its own wordDiscrimination against anyone based on their sexual orientation or gender identity is not an African value.

by The Conversation

20-03-2023 15:55

in LGBTQIA

Denial of observer status robs the three NGOs of a voice. Image: The Conversation.

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.

--

ALSO READ: Water has long been used as a tactical weapon in warfare

So far, the commission has granted observer status to 544 NGOs. The three it recently refused observer status to are Alternative C te d'Ivoire, Human Rights First Rwanda and Synerg a - Initiatives for Human Rights.

The denial of observer status means that the NGOs will not have a voice before the African commission. They will not be able to draw its attention to the human rights violations of LGBTQ people in Africa. The move further politicises sexual and gender minority issues in Africa, further restricts civil society functioning, and further marginalises communities and people who have already been stigmatised and excluded.

--

Not the first time African values The commission's decision has a history. In 2015, it granted observer status to a South African-based NGO, the Coalition of African Lesbians. The AU executive council directed the commission to withdraw this, on the basis that the NGO attempts to impose values contrary to African values. The executive council is made up of ministers of foreign affairs. Its mandate is to consider the commission's activity reports.

After getting an ultimatum from the executive council, the commission complied in 2018.

The reversal attracted the legitimate criticism that the commission was not acting independently in supervising state compliance with human rights in Africa.

Its latest decision rests on three pillars.

It assumes that all three NGOs advocate for the equal rights of lesbian, gay, bisexual, transgender and queer (LGBTQ ) persons, without explaining how they do this.

It argues that because sexual orientation is not a right expressly provided for in the African human rights charter, these NGOs lack a basis to exist.

The commission holds the view that the NGOs' work of advancing equal rights and dignity for all, irrespective of sexual orientation, is against African values.

Strong arguments can be mounted against all three.

The LGBTQ question In my view the commission is on shaky ground in asserting that the three NGOs pursue a particular LGBTQ agenda. A look at the publicly accessible websites of all three casts doubt on this assertion.

ALSO READ: Extinct but not gone - the thylacine continues to fascinate us

In addition, if all NGOs working to advance equality based on sexual orientation were disqualified from observer status, many more would be affected. NGOs may have a particular focus, such as women's rights, but they increasingly work within the reality of intersectionality. People's rights are interrelated and indivisible. Thus, women's rights organisations would inevitably be concerned about the rights of lesbians.

To deny such a body observer status is to negate the interrelatedness of rights.

Sexual orientation and nondiscrimination The commission is also on shaky ground when it comes to the debate about rights.

It is well accepted that there is no distinct right to sexual orientation , as such, under human rights law. Sexual orientation is innate to every human being. We all have one, whatever it may be.

The charter to which the commission refers to justify its rejection contains a provision (article 2) setting out an open-ended list of non-discrimination grounds. Nothing prevents sexual orientation from being read into this list.

The commission's own practice also contradicts its argument. There are numerous grounds for non-discrimination that the commission has recognised. Take disability. It is not included in article 2. Yet the commission has tacitly accepted that disability is a ground on which discrimination is not allowed. The same applies to age .

ALSO READ: WATCH: Petrol bombs' thrown at Lux' Dlamini's home [Video]

The commission itself has adopted the position that sexual orientation (and gender identity) are grounds on which discrimination under the African Charter cannot be tolerated. Resolution 275, adopted at the African Commission's 55th Ordinary Session, in 2014, specifically condemns systematic attacks by state and non-state actors against persons because of their imputed or real sexual orientation or gender identity.

African values Finally, the commission's approach implies a simplistic view that there is a single set of values that define what African is. In a continent of great diversity and dynamism, such a monolithic approach beggars belief.

Through its
LINK: https://www.thesouthafrican.com/culture/lgbtqia/lgbtq-rights-african-u...
See more stories from thesouthafrican

Most recent headlines

06/10/2025

France Tlvisions Wins Prestigious 2025 EBU Technology & Innovation Award in Groundbreaking Collaboration with Dalet

France T l visions, France's leading broadcaster, has received the 2025 EBU ...

04/09/2025

Monumental Sports & Entertainment and Dalet Win Prestigious 2025 NAB Show Project of the Year Award

Monumental Sports & Entertainment (MSE), in collaboration with Dalet, has been a...

04/07/2025

NESN Gives Red Sox-Reds Matchup a Retro Makeover

Watching live sports on TV these days is a delicate balance for broadcasters how much information is too much?...

04/07/2025

FCC Announces Tentative Agenda for July Open Meeting

WASHINGTON As Federal Communications Commission Chair Brendan Carr works to achieve his goal of a very busy, productive summer at the FCC, the agency has rele...

04/07/2025

Other World Computing Launches OWC Guardian USB-C Hardware-Encrypted Portable SSD

Other World Computing Launches OWC Guardian USB-C Hardware-Encrypted Portable SS...

04/07/2025

CANAL+ Brings MotoGP to Vision Pro with Blackmagic URSA Cine Immersive

CANAL Brings MotoGP to Vision Pro with Blackmagic URSA Cine Immersive Brie Clayton July 3, 2025 0 Comments Experience MotoGP like never before as CA...

03/07/2025

Introducing: New Carts

For our Vario-Jib, as well as for a repertoire of weights, we now have carts that make transport easier...

03/07/2025

Introducing: Slider Drive Unit

One of our latest innovations: Slider Drive Unit! Our Vario Slider not only comes with improvements and new features, but also with its own drive unit! Our i...

03/07/2025

Introducing: ARRI EVO 360

The 360 EVO lives up to its name: 360-degree rotation not only on the pan axis, but also on the roll axis, enables filmmakers to take their creative visions eve...

03/07/2025

Panther at BSC EXPO 2025

What a buzzing few days at BSCExpo in London! We were thrilled to connect with so many talented professionals from the world of cinematography. A huge thank ...

03/07/2025

"The whole rig had to be detachable mid-episode

ADOLESCENCE - Shot with Panther Tower"The whole rig had to be detachable mid-episode Netflix limited drama series Adolescence has been gaining attentio...

03/07/2025

Advanced Communication Systems Unleash a Tactical Advantage in Modern Combat Operations

To achieve a true level of decisive overmatch, communication systems must be as ...

03/07/2025

Paramount's Ray Hopkins Joins Broadcasters Foundation Board

The Broadcasters Foundation of America has named Ray Hopkins, president of U.S. distribution at Paramount Global, to its board of directors....

03/07/2025

FCC Chair Carr Lays Out Infrastructure Policy Agenda

SIOUX FALLS, S.D. In his first major policy speech, Federal Communications Commission chair Brendan Carr outlined his Build America Agenda for the agency'...

03/07/2025

TV Tech's Top NextGen TV Stories of 2025

As the industry is making a major push to transition to NextGen TV and develop new businesses that will fund the next generation of broadcasting, TV Tech's ...

03/07/2025

Netflix Rolls Out AV1 Film Grain Synthesis Streams for Film Content

Despite enabling its subscribers to watch films and TV shows in the highest possible resolution, Netflix has revealed it is taking things old school with the in...

03/07/2025

FCC's Gomez, Sen. Markey, Critics Blast Paramount-Trump Settlement

WASHINGTON In response to news that Paramount Global has agreed to pay $16 million to settle a lawsuit by President Donald Trump, Democrats and other administra...

03/07/2025

Riedel Communications Unveils RefSuite Sports Ecosystem

WUPPERTAL, Germany Riedel Communications today launched RefSuite for professional sports workflows....

03/07/2025

LYNX Technik Appoints New Executive Leadership Team

WEITERSTADT, Germany LYNX Technik, a provider of modular signal processing solutions, has announced that founder and longtime CEO Winfried Deckelmann is steppin...

03/07/2025

CTA, NCTA, LPTVBA Meet With FCC to Oppose NAB's ATSC 3.0 Petition

WASHINGTON Representatives from six trade groups representing tech, pay TV, broadband, LPTV and other sectors recently met with Federal Communications Commissio...

03/07/2025

Dan Whealy Acquires Heartland Video Systems

PLYMOUTH, Wis. Dan Whealy has acquired Heartland Video Systems and will be its new owner and president, the systems integrator said....

03/07/2025

Filmmaker Jay Holben Releases The Directors Guide to Ever...

Acclaimed filmmaker, educator, and industry veteran Jay Holben has released his most ambitious work to date: The Director's Guide to Everything a sweeping...

03/07/2025

Capturing the Moment - Pruski Photographs Dyke Day LA wit...

For Los Angeles-based photographer Scout Pruski, documenting the annual Dyke Day LA is a way to honor and give back to the city's legacy queer community and...

03/07/2025

New Reinvented Chimera V-Flat Panel Frame Kit

Modular, Travel-Ready Solution Matthews Studio Equipment launches the new Chimera V-Flat Panel Frame Kit, the lightweight and modular, ultra-durable alternativ...

03/07/2025

Dalet Flex LTS Release Elevates Content Workflows with Ne...

Dalet, a leading technology and service provider for media-rich organizations, today announced the release of Dalet Flex 2025.6 LTS (long-term support), introdu...

03/07/2025

Lightware launches LARA Wizard to help integrators simpli...

Lightware's LARA Wizard makes it quicker and easier than ever to set up audio-visual (AV) room automation and control configurations, ensuring anyone, from ...

03/07/2025

Alfalite obtains NCAGE and TAA certifications strengtheni...

Alfalite, the only European manufacturer of LED screens, has obtained both the NCAGE Code (NATO Commercial and Government Entity) and TAA (Trade Agreements Act)...

03/07/2025

WIN streamlines complex live production with nxtedition

nxtedition is implementing a new solution for WIN Network, based in its headquarters in Wollongong, New South Wales, Australia. The nxtedition integrated platfo...

03/07/2025

ORS Group and Insys Video Technologies unite under one br...

ORS Group and Insys Video Technologies today announce the launch of a new joint brand identity: Big Blue Marble. The move reflects the evolution of a long-stand...

03/07/2025

Evergent Proves Cross-Industry Power of AI for Japanese G...

Evergent, a global leader in customer lifecycle management and monetization solutions for subscription-based businesses, today announced the successful results ...

03/07/2025

LYNX Technik Appoints New Executive Leadership Team to Dr...

LYNX Technik, provider of modular signal processing solutions today announces an executive leadership transition, effective July 1, 2025. Markus Motzko has been...

03/07/2025

Chaos Releases V-Ray for Blender

Chaos Releases V-Ray for Blender Brie Clayton July 2, 2025 0 Comments Production-Proven Renderer V-Ray Arrives Natively in Blender for the First Time;...

03/07/2025

Calvin University Adds Blackmagic Replay to Broadcasts and Streams

Calvin University Adds Blackmagic Replay to Broadcasts and Streams Brie Clayton July 2, 2025 0 Comments Replay workflow joins 14 Blackmagic Design cam...

03/07/2025

Berklee's Gospel Performance Program Welcomes Jonathan Nelson as the Herb Alpert Visiting Artist

Berklee's Gospel Performance Program Welcomes Jonathan Nelson as the Herb Al...

03/07/2025

Centralized Cross-Platform Campaigns and Unified Sales Workflows with WO Fusion

In today's fragmented media landscape, advertisers expect more than just reach - they want seamless cross-platform campaigns that deliver measurable results...

03/07/2025

** MEDIA ALERT ** Shonen Jump Store Hosting Los Angeles Pop-up During Anime Expo 2025

** MEDIA ALERT ** Shonen Jump Store Hosting Los Angeles Pop-up During Anime Exp...

03/07/2025

Sky Arts Unveils New Mozart Season, Celebrating the Legacy of Classicals Greatest Maestro

Thursday 3 July 2025 David Harewood and Matthew Broome in Mozart: Genius for Hi...

03/07/2025

Sky announces 2025 Sky WNT Fund Recipients

The Sky WNT Fund supports Womens National Team players with a 30,000 bursaryThursday 3 July 2025 Sky Ireland has announced the four recipients of the 2025 Sky...

03/07/2025

GeForce NOW's 20 July Games Bring the Heat to the Cloud

The forecast this month is showing a 100% chance of epic gaming. Catch the scorching lineup of 20 titles coming to the cloud, which gamers can play whether indo...

02/07/2025

Release Rundown: What to Watch in July, From FOLKTALES to Oh, Hi!

Hege Wik and Odin appear in FOLKTALES by Heidi Ewing and Rachel Grady, an official selection of the 2025 Sundance Film Festival. Courtesy of Sundance Institut...

02/07/2025

IGUALADA Beats the Odds in the Ultimate Underdog Tale

(Stephen Lovekin/Shutterstock for Sundance Film Festival) By Patty Consolazio This one's for any person who's ever felt put down, left out, marginaliz...

02/07/2025

NAB 2025: Calrec expands ecosystem providing ultimate flexibility

Calrec expands ecosystem at NAB 2025 giving broadcasters access to dynamic workflows and ultimate flexibility Helping broadcasters meet the shifting needs of me...

02/07/2025

Paramount Settles Trump Lawsuit for $16 Million

NEW YORK Paramount Global has agreed to pay $16 million to settle a lawsuit by President Donald Trump, ending a long-running legal saga that could clear the way...

02/07/2025

FCC Approves Sale of Sinclair Stations to Rincon

WASHINGTON The Federal Communications Commission has approved the transfer of licenses for five TV stations from Sinclair to Rincon Broadcasting, which announce...

02/07/2025

TV Tech's Top Stories of 2025

As the media industry faces an uncertain business climate and rapidly changing consumer habits, TV Tech's most popular stories from the first six months of ...

02/07/2025

Average U.S. Home Now Has Two Smart TVs

PORTSMOUTH, N.H. New data shows that U.S. homes now own an average of two smart TVs, with Samsung and LG dominating the market but Roku and FireTV continue to g...

02/07/2025

Oaktree Acquires FilmRise

LOS ANGELES Funds managed by Oaktree Capital Management have acquired FilmRise, an independent digital streaming content distributor, and merged it with Shout! ...

02/07/2025

ATSC Names Luiz Fausto Vice President of Standards Development

WASHINGTON The Advanced Television Systems Committee named Luiz Fausto vice president of standards development, succeeding ATSC vice president Jerry Whitaker, w...

02/07/2025

Boston Conservatory and the Sphinx Organization Join Forces to Make Classical Education Accessible

Boston Conservatory and the Sphinx Organization Join Forces to Make Classical Ed...