Discrimination on Grounds of Sexual Orientation and Gender Identity: The Limits of Human Rights in Africa

Abstract

ABSTRACT The right to sexual orientation and gender identity (SOGI) are integral to and manifest in LGBTIQ rights including homosexuality and same-sex marriage. International law promotes these rights and prohibits discrimination on these grounds. Many western countries endorse these rights and prohibitions in parliamentary legislation or judicial fiat. In comparison with all other jurisdictions worldwide, and within the African sub-region, only South Africa specifically prohibits unfair direct or indirect discrimination based on “sexual orientation” in its national constitution. This paper explores African approach to SOGI and LGBTIQ rights including homosexuality and same-sex marriage. It argues that despite the threat of homocapitalism, prevalent Afrocentrism and religions reject these form of “new rights” for being immoral, ungodly, unnatural and un-African, thereby underlining the limits of human rights in the sub-region.