Towards More Effective Protection of Sexual Minorities under the African Human Rights System (A Subset of the African Union Treaty System)

Abstract

This discussion explores the limitations and potential of the African Human Rights System, specifically as a subset of the African Union (AU) treaty framework in advancing protections for sexual minorities. It firstly outlines the institutional architecture of the system, including the African Charter on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Court on Human and Peoples’ Rights. The paper then examines the current legal and normative protections available to sexual minorities within this framework, highlighting progressive developments alongside systemic shortcomings. Through detailed case studies of Uganda, Ghana, and Nigeria, the article documents the lived realities of sexual minorities and the persistence of individual as well as state-sponsored discrimination and violence, despite the existence of continental human rights instruments. The paper goes further to conduct a comparative analysis with the European Union and the Organization of American States, identifying effective jurisprudential and institutional practices that promote and protect sexual minority rights in those regions, with the goal of borrowing best practices. Finally, the discussion concludes with a set of practical recommendations to improve the African Human Rights system’s response to the rights of sexual minorities. These include strengthening enforcement mechanisms, clarifying legal standards within the African Charter, increasing engagement with civil society actors, and fostering political will amongst member states of the African Union. Ultimately, the article argues that a more inclusive and enforceable approach is essential for the African Human Rights System to fulfil its mandate of universal human dignity and equality.