Dignity for the Queer African: How the Right to Dignity in International Human Rights Law Imposes Obligations on All States to Protect Sexual Minorities

• Author: Ayodele Sogunro
• DOI: 10.25159/2522-6800/10066
• Published date: 01 June 2022
• Date: 01 June 2022
• Pages: 1-23

Article

Southern African Public Law

https://doi.org/10.25159/2522-6800/10066

https://unisapressjournals.co.za/index.php/ SAPL

ISSN 2522-6800 (Online)

#10066 | 23 pages

© Unisa Press 2022

Dignity for the Queer African: How the Right to

Dignity in International Human Rights Law Imposes

Obligations on All States to Protect Sexual

Minorities

Ayodele Sogunro

Centre for Human Rights, University of Pretoria

ayosogunro@gmail.com

Abstract

The right to dignity of sexual minorities has continued to be violated across

Africa, necessitating the need to deploy national, regional, and global human

rights to secure its promotion and protection. Human dignity is a central value

of the international human rights normative system and over the last few

decades, the international human rights system has generally accepted the

notion that all humans are endowed with equal dignity. Although the concept of

dignity itself and the scope of its application continues to be contested by states,

human rights documents acknowledge the recognition of the inherent dignity of

all persons without discrimination. Unfortunately, sexual minorities in Africa

continue to be stripped of their dignity through acts of public and private

humiliation; criminalisation of their identities under laws that specify penalties

ranging from prison terms to the death sentence, and through hate speech and

acts of violence. The application of the concept of human dignity to the

protection of sexual minorities in Africa remains problematic in state law and

policy. This article contends that, based on the state’s recognition and protection

of the inherent dignity of human beings, all African states still owe obligations

toward sexual minorities. To this end, this article examines the development of

the concept of dignity in Western thought and its subsequent impact on

international human rights law. It also teases out the meaning of dignity in

international human rights law under global and regional jurisprudence with a

view to highlighting the obligations of African states towards sexual minorities.

Keywords: sexual minorities; human rights; international law; dignity; LGBT

Sogunro

2

Introduction*

The right to dignity

1

—as articulated and recognised in various human rights

instruments

2

—of sexual minorities has continued to be violated across Africa,

necessitating the need to deploy regional and global human rights laws to secure its

promotion and protection. Human dignity is a central value of the international human

rights normative system and over the last few decades, international law has generally

accepted the notion that all humans are endowed with equal dignity. Although the

concept of dignity itself and the scope of its application continues to be contested by

states, human rights law acknowledges the recognition of the inherent dignity of all

persons without discrimination.

3

Accordingly, the African Charter on Human and Peoples’ Rights (‘African Charter’)

asserts that ‘every human being shall have the right to the respect of the dignity inherent

in a human being…’

4

Ideally, this recognition imposes obligations on African states to

respect the dignity of all individuals within their jurisdiction without discrimination of

any kind. However, this assertion of inherent human dignity and the right to dignity for

everyone has not been adhered to in respect of sexual minorities across the African

continent. Equally disconcerting is the fact that both the global and the African human

rights systems have not been successful in protecting the dignity of sexual minorities in

Africa from violations by both state and non-state actors. In fact, ‘a new wave of

homophobia’ has become the norm across Africa, encouraged and enforced through

law.

5

Discriminatory laws have been wielded to deprive sexual minorities of human

dignity, punishing acts of prohibited sexual orientation, gender identity, and

expression.

6

To date, Africans who identify as lesbian, gay, or bisexual (LGB) continue to be stripped

of their dignity through acts of public and private humiliation, criminalisation of their

identities under laws that specify penalties ranging from prison terms to the death

sentence, and through hate speech and acts of violence by private individuals. While

1

‘Human dignity’, ‘dignity’ and ‘right to dignity’ are used in this research article interchangeably and

generally refer to the same concept except where the context suggests otherwise.

2

The international bill of rights makes several references to the equal dignity of p ersons in their

preambles and substantive provisions. Universal Declaration of Human Rights (adopted 10

December 1948) UNGA Res 217 A(III) (Universal Declaration) Preamble, arts 1, 22 and 2 3;

International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force

23 March 1976) 999 UNTS 171 (ICCPR) Preamble, art 10; International Covenant on Economic,

Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993

UNTS 3 (ICESCR) Preamble, art 13.

3

Universal Declaration (n 2) art 1; African Charter on Human and Peoples’ Rights (adopted 27 June

1981, entered into force 21 October 1986) (1982) 21 ILM 58 (African Charter) art 2.

4

African Charter (n 3) art 5 [emphasis added].

5

Adrian Jjuuko, ‘The Protection and Promotion of LGBTI Rights in the African Regional Human

Rights System: Opportunities and Challenges’ in Sylvie Namwase and Adrian Jjuuko (eds),

Protecting the Human Rights of Sexual Minorities in Contemporary Africa (PULP 2017) 261.

6

Jjuuko (n 5).