The Coalition of African Lesbians (CAL), an NGO registered in South Africa, has been granted Observer Status at the African Commission on Human and Peoples Rights (ACHPR,) but not without a spirited fight.
The decision was reached on Saturday following an extended, no-holds barred, open-air discussion by Commissioners of the ACHPR that was mired by controversy, mud-slinging and finally determined by a public vote.
The Commissioners were reporting back to the plenary on an earlier closed session on the seemingly routine Agenda Item number 5 (b), which contained applications for Observer Status from NGOs. While other applications were disposed of within a few minutes and without controversy, the mention of the lesbian body not only caused a stir, but led to a spirited discussion that took up the better part of the morning.
The first salvo was drawn by the Vice President of the ACHPR the Hon. Bechir Khalfallah (from Tunisia) who described lesbianism as “a new virus” which had been imported to create divisions within Africa. Khalfallah vehemently detached himself from even considering CAL, while quoting the Preamble of the African Charter on Human and People’s Rights that highlights the values of African Civilisation. “Since when in Africa do we have this problem?” he challenged.
Commissioner Faith Tlakula from South Africa threw diplomacy to the wind when she castigated the Tunisian for his choice of words. “We should be guarded in the words we use,” Tlakula said as she compared the use of the word ‘virus’ to the derogatory use of the word ‘cockroach’ in Rwanda at the time of 1994 genocide.
Tlakula cited various articles of the Charter that hinged on Non-discrimination, Equal Protection as well as Integrity of life; “All these rights apply to everyone regardless of race, colour, creed or sex.”
Commissioner Medi Kaggwa sought to bring reason to the floor by asking for a further postponement of the debate: “This matter has been controversial in Africa, Europe and in Americas and no common position has been agreed upon internationally,” he said, “When an issue is controversial we should give it time to evolve naturally.”
Kaggwa’s advice was however countered by at least two other commission members. Hon. Reine Gansou from Benin let the cat out of the bag when she revealed that they had voted on the issue the previous evening; “We have [already] voted; why are we [now] making a spectacle?”
Commissioner Pacifique Manirakiza (Burundi) urged for members to keep up with the times, “Homosexuality is a reality in our countries and we cannot set this issue aside,” he said. “[Homosexuals] are stigmatised, ostracised and even attacked and that’s why this issue is pertinent.”
Manirakiza’s final words seemed to set the agenda for a revote: “We should be fair in the manner we treat all applications.”
The Chairperson of the Commission, Hon. Zainabo Kayitesi (Rwanda) voiced the Commission’s apology for the use of the term “virus” and urged for mutual respect before calling for a vote by the Commissioners.
Ultimately, after 5 years of postponements owing to failure to reach consensus, and with a slim margin of 5:3 with one abstention, the Coalition of Africa Lesbians (CAL) was finally approved to join the list of observers at the continental body.
The 56th Ordinary Session of the ACHPR is meeting in the West African city of Banjul in the Gambia from 21st April – 7th May, 2015
