ABSTRACT
Customary law largely reflects communities' notion of morality. An issue that has given rise to major controversy in recent times is the issue of sexual orientation/homosexuality and its compatibility with custom, morality and law in the continent. The status of sexual orientation under the African Charter itself appears unsettled. The right to sexual orientation is not explicitly and directly protected under the African Charter. It has been suggested that in view of Articles 60 and 61 of the African Charter, which made international human rights instruments relevant in the interpretation of the Charter, Articles 2 and 3 should be construed as covering prohibition of discrimination on the ground of sexual orientation. Apart from the ambiguity around Article 2, there are other provisions in the African Charter that appear to limit or could be interpreted to limit the protections afforded other sexual orientations under the Charter.
