ABSTRACT

The African Commission on Human and Peoples’ Rights (the Commission) has interpreted the African Charter on Human and Peoples’ Rights (the African Charter) in dynamic and innovative ways that it was starting, in recent years, to be taken seriously. It went extra miles, due to the advocacy efforts and resilience of activists working to advance human rights of lesbian, gay, bisexual, transgender, intersex, queer and asexual persons (LGBTIQA), by adopting Resolution 275 on protection against violence and other human rights violations based on real or imputed sexual orientation and gender identity (Resolution 275). This chapter describes the context of LGBTIQA advocacy in Africa, which ultimately culminated in the passing of Resolution 275. Since its adoption, Resolution 275 has been used by activists to fill the protection gaps at the national and sub-national levels, and by the Commission to hold states accountable during the state reporting and review process. However, the future of advocacy for better protection of human rights of LGBTIQA persons in Africa is uncertain given the recent developments and aggressive attacks against the Commission’s independence by the African Union policy organs.