Recommendation on LGBTI
Recalling that in order to be granted observer status before the African Commission, an applying NGOs must, in terms of the Resolution for the Granting of and for Maintaining Observer Status with the African Commission on Human and Peoples’ Rights (1999), have objectives and activities ‘in consonance with’ the fundamental principles and objectives in the African Union Constitutive Act and the African Charter;
Recalling that the promotion and protection of human rights in accordance with the African Charter and other relevant human rights instruments is one of the objectives of the AU (art 3(h)) and that the promotion of gender equality, respect for human rights and the promotion of social justice are among the principles of the AU (arts 4 (l), (m) and (n));
Further recalling the African Commission’s long-standing practice of granting observer status to NGOs in order to support its mandate to protect and promote human rights in Africa, including to NGOs whose activities and objectives extend to the protection and promotion of the rights of sexual minorities;
Taking note that the NGO Coalition of African Lesbians (CAL) has submitted a request to be granted observer status with the African Commission;
Noting that the objectives and activities of CAL are directed towards the promotion and protection of human rights and the promotion of gender equality;
Concerned that the African Commission discussed this issue but postponed its final decision on this matter during its 45th ordinary session;
Accepting as point of departure that the human rights of all Africans, irrespective of sexual orientation and gender identity, are protected under the African Charter (art 2 of the Charter);
The NGO Forum
Strongly urges the African Commission to grant observer status to the Coalition of African Lesbians (CAL) at its 46th ordinary session.
Done at Banjul, November 9th, 2009
