This study takes its point of departure in human rights, equality and personal freedom, including support for the rights of LGBTI persons. Its intention is to combine these principles with respect for African communities, cultures, and the fortitude with which Africans face many challenges.
Human rights law demands that people be protected against human rights violations committed by private actors. The Human Rights Based Approach to Development (HRBA) looks at the potential of non-state actors as partners. In contexts where many public services are delivered by non-state actors, many areas of family and private law are governed by customary or religious institutions and norms, and where the outreach of the state is limited, examining the roles of non-state actors takes on a particular urgency. Thus, this study devotes as much or more attention to structures and norms based in religion and society as in the state. In practice, these various norm sets are very often mixed together with one another.
Selected summaries of the topics discussed in the paper are as follows:
Current scientific knowledge on sexual orientation, gender identity and sexual prejudice
The study of sexuality helps in providing foundations for advocacy for rights in relation to sexual orientation and gender identity. Scientific research in this field can be broadly divided into two areas. One is biological, the other social and psychological. These two are sometimes classified as “essentialist” and “social constructionist” perspectives. Each provides valuable perspectives for a greater understanding of these issues. Each can be used and abused in social, legal and political debates. Scientific knowledge in this field is not sufficiently well-known among many African medical and psychological professionals. While knowledge still leaves room for normative and scientific disagreements, it is important that this is addressed.
Homophobia
Sexual prejudice / homophobia is widespread in human culture, perhaps especially among males. The role of feelings of disgust at some physical functions and fear, both of one’s own unexamined or unrevealed feelings, and of loss of status and identity are often discussed among researchers and can be empirically observed in campaigns against LGBTI persons. Sexual acts are often overly emphasized, and emotional and other aspects of same-sex relationships omitted. The biological imperative of reproduction and an inherent fragility of socially constructed male identity are relevant. It is still fairly rare for gender related development programming in African contexts to address masculinity (or masculinities).
African social and cultural dimensions and the rights of LGBTI persons
The centrality of the family and clan influences many aspects of the lives and rights of LGBTI persons in Africa. Economic and social protection, status, identity and social prestige are bound up with the completion of family obligations including marriage and reproduction. This is caught up with African ideas of “Ubuntu” and identity and the self being developed through social relations rather than individual consciousness. Fears related to the family: Fears that homosexuality poses a threat to the continuation and survival of the family and tribe, or even of the nation as a whole, are often raised in African debates.
Politics
The study identifies six tendencies in African politics on issues of sexual orientation and gender identity.
- Caution of moderates
- The mobilization of homophobia for political purposes
- The politicization of religion
- Weak or opportunistic liberal commitment
- Genuine commitment
Justice Systems
The principles of separation of Church and State, and the differences between crime and sin, are insufficiently understood and too little heard in the public debate in Africa. The post-colonial states inherited from British colonialism are a particular focus in this regard. Unlike the former French colonies where republican secularism prevailed, British colonial legal systems did not make a clear distinction between law based on secular humanist principles as opposed to religious ones.
Human Rights Standards and Systems
The human rights based approach (HRBA) and the respect, protect, fulfil framework should be combined as an analytical and programmatic framework to address these issues. The African human rights system is, despite its challenges, an important forum for discussion of this issue. The NGO forum, held in connection with the sessions of the African Commission on Human and Peoples’ Rights, in particular has been a centre of development of African human rights thinking, advocacy and action. There are examples of courageous work (Kenya), standing up for principle in difficult circumstances (Uganda) and valuable research and advocacy (South Africa). Others have been more circumspect, and some have been negative.
Policies and Entry Points in Development Programming
Guidelines developed by a number of western countries on programming in relation to LGBTI issues are examined. Programme staff in the field are often challenged in implementing these policies because of taboos, lack of knowledge and the perception that this issue is a low priority. Norway, the Netherlands, Sweden and Canada have been leading state actors in civil society support to LGBTI causes and organizations. A number of private organizations and funds are also important actors. LGBTI organizations and supporters based in South Africa and western countries have been successful in partnering with organizations at national level. The building of civil society organizations, networks and capacities is likely to remain the largest and most viable avenue in the coming years. An important component of this is to enable outreach and linkages to mainstream human rights organizations.
