IS THE AFRICAN COMMISSION READY TO EMBRACE GAY ORGANISATIONS?

By Yohannes Tesfagabir (BTM Fellow)

A recent media release by the Centre for Human Rights, University of Pretoria disclosed that the African Commission on Human and People’s Rights in its 45th Session meeting held from 13 to 27 May 2009 in Banjul, Gambia, extended an observer status to an LGBTI NGO named Alternatives-Cameroun. Interestingly as the name suggests, Alternatives-Cameroun is based in Cameroon, a country which still criminalises same-sex relationships.

A press statement by the University of Pretoria’s Centre for Human Rights states that the extention of the observer status will enable Alternatives-Cameroun to have ‘improved access to information by and engagement with the Commission, and the possibility of constructive participation and dialogue with member states during the Commission’s public sessions.

Having read this Press statement , one obviously feels positive about the future of human rights of lesbian, gay, bisexual, trangender and intersex people in that homophobic continent. A report of the African Commission for the same Session, however, tells an entirely different story.

The report of the African Commission states that ‘The Commission deferred the application of Coalition of African Lesbians (CAL), based in South Africa. This application was deferred to the 46th Ordinary Session of the African Commission to allow the Commission to discuss a paper entitled Sexual Orientation in Africa, during its private Session.’ This statement seems to suggest that the African Commission is not yet ready to grant observer status to LGBTI organisations.

Taking the media release of the Centre for Human Rights of the University of Pretoria as a correct outcome of the 45th Session, one faces difficulty to reconcile it with the report of the African Commission. Though the African Commission’s report confirms that Alternatives-Cameroun had in fact been granted an observer status, in its description of itself there is little evidence that shows Alternatives-Cameroun is an LGBTI organisation.

From the statement of the African Commission, it appears evident that the African Commission was not aware of the nature of the work of Alternatives-Cameroun. What is more, the name of the organisation offers no assistance in understanding its area of specialization.

The organization’s long French name Association pour la Liberté, la Tolérance, l’Expression et le Respect des personnes de Natures Indigentes, Vulnérables ou Exclues Sociales du Cameroun  when roughly translated into English goes something like ‘Association for liberty, tolerance, expression and respect of indigent, vulnerable and socially excluded  people of Cameroon.’ Though such a broadly worded name may have helped the NGO to secure an observer status, it would be very difficult to envisage how the organisation intends to address the plight of LGBTI people with its specialisation remaining covert.

The total number of NGOs that secured observer status within the African Commission has reached 403. The African Commission, however, has not extended observer status to any LGBTI NGO thus far. Furthermore, the Commission has never had an opportunity to consider any communication that deals with LGBTI people. 
 
The African Commission’s reluctance to grant observer status to CAL immediately is not surprising given not only the homophobic nature of the continent, but also the discrimination LGBTI NGOs are subjected to throughout the world. In their bid to gain consultative status within UN Economic and Social Council ECOSOC, LGBTI NGOs have been struggling for decades with limited results.

Needless to say, even when LGBTI organisations are granted observer status within the African Commission, they will have a formidable challenge to make their presence felt given the hostile nature of African countries towards LGBTI people.

The very fact of exerting efforts to gain access to the African Commission by itself is, however, an important stride that not only needs to be commended but also has to be encouraged. In this respect, African LGBTI NGOs need to join their compatriots in striking the iron while it is hot.

It is important to note that at the end of the day the more LGBTI NGOs are represented in African Commission, the wider the avenues for LGBTI people to make their voices heard.