African Commission adopts ground-breaking resolutions

06.06.2014

The highlight of the resolutions adopted by the African Commission on Human and Peoples' Rights at its 55th session was that on ‘protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity’. This is the first time a resolution on sexual orientation and gender identity has been adopted by the Commission and marks a huge step forwards in the African and global context.

 

The highlight of the resolutions adopted by the African Commission on Human and Peoples' Rights at its 55th session was that on ‘protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity’. This is the first time a resolution on sexual orientation and gender identity has been adopted by the Commission and marks a huge step forwards in the African and global context.

The resolution condemns the increasing violence and other violations against persons on the basis of their imputed or real sexual orientation or gender identity. It calls on States to end these acts, by State or by non-State actors, as well as to ensure that human rights defenders can carry out their work in an enabling environment, including when advocating for the rights of sexual minorities.

The Commission also adopted a text which designates a focal point within the Commission to gather information on and effectively address cases of reprisals against civil society stakeholders. The responsible Commissioner should maintain a database of reprisals and provide guidance to the Commission when urgent measures need to be adopted to protect someone who faces reprisals. At each session of the Commission they are to report on the cases brought to their attention. The focal point function has been placed with the Special Rapporteur on human rights defenders.

Aside from these two resolutions, which mark significant steps forward, there is relatively little overlap between the resolutions proposed by NGOs and those adopted by the Commission.

The Commission also adopted a resolution on the right to peaceful demonstration, which condemns the ‘serious restrictions’ imposed by some States to rights to freedom of expression, to information, and peaceful demonstration. It calls on States to refrain from arbitrary arrests of demonstrators and from the disproportionate use of force, and to ensure that any legislation governing the exercise of fundamental human rights fully complies with the relevant regional and international standards.

The Commission also adopted resolutions on:

The extension of the deadline for the study on transitional justice in Africa

Drafting of a protocol to the African charter on human and peoples’ rights on the right to nationality in Africa

The situation of women and children in armed conflict

Climate change in Africa

Drafting of principles and guidelines on human rights and countering terrorism

Terrorist acts in Africa

Elections in Africa in 2014

The suppression of sexual violence against women in the Democratic Republic of Congo

The situation in the Sahrawi Arab Democratic Republic

 

Category:

Region
  • Africa
Topic
  • LGBT rights
  • Reprisals and intimidation
Mechanism
  • African Commission on Human and Peoples' Rights