Violence and persistence anti discrimination against lgbt persons: a comparative legal analysis between central african states (cemac zone) vs the african union policy instruments in addressing violence against lgbt people

Abstract

The widespread belief, that homosexuality is a “Western import”, or un-African has meant that activism by Western organizations around LGBT rights and decriminalization can be counter-productive and create backlashes in the countries that are the targets of advocacy. Local and regional organizations working on the issue are often accused of being controlled by Western organizations. 33 out of 55 countries in sub-Saharan Africa still criminalize homosexuality. 30 out of 55 countries have ratified the ICCPR; only 18 have submitted themselves to the jurisdiction of the UN Human Rights Committee by ratifying the Optional Protocol to the ICCPR. Laws criminalizing same-sex conduct were introduced to Africa by the British, French, Dutch, and Belgian governments during the colonial era to date most countries in the continent have not yet abolished it. In many countries across the continent, there is a greater frequency of arresting and charging LGBT individuals. In two countries not directly affected by European colonialism, Liberia and Ethiopia, laws criminalizing same-sex conduct were introduced, in 1978 and 2004 respectively. In many countries with criminalization laws, the police actively use the law to target not only those suspected of same-sex activity; but also those who are suspected of being LGBT people. As a result, people whose behavior is interpreted as falling outside strict gender norms of masculinity and femininity, or who are simply reported to the police, may be at risk of illegal arrest. Even in countries where the law does not criminalize same-sexual behavior, such as South Africa, there is still high levels of discrimination and violence against the LGBT population, coupled with a high level of violence against women, including rape and murder, because of their real or perceived sexual orientation. The human rights of LGBT people are well established under international human rights law, as set out in the Universal Declaration of Human Rights and subsequent human rights treaties. All people, regardless of their sexual orientation or gender identity, are entitled to enjoy the protections provided by International Human Rights Law, including, the rights to life, security of person, and privacy; the right to be free from torture, arbitrary arrest, and detention; the right to be free from discrimination and equality before the law; the right to freedom of expression, association, and peaceful assembly; the right to marry and found a family; and the right to the highest standard of health. Despite all this, there is still gross violation of LGBT rights across the globe.