Skip to main content

ABOUT RESOLUTION 275

The Resolution 275

Resolution 275 of the African Commission on Human and Peoples’ Rights (ACHPR) is titled “Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity”. The resolution, adopted in 2014, condemns violence on the basis of real or imputed sexual orientation or gender identity and admonishes African states – that are parties to the African Charter on Human and Peoples’ Rights – to prevent, investigate, and remedy acts of violence stemming from real or imputed sexual orientation or gender identity (SOGI) by both state and non-state actors.

Resolution 275 condemns violence on the basis of real or imputed sexual orientation or gender identity and admonishes African states

During its 55th ordinary session which took place in Luanda, Angola, between 28 April to 12 May 2014, the African Commission on Human and Peoples’ Rights (the ‘African Commission’) adopted Resolution 275 “Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity.” Resolution 275 condemns violence on the basis of real or imputed sexual orientation or gender identity and admonishes African states – that are parties to the African Charter on Human and Peoples’ Rights (‘African Charter’) – to prevent, investigate, and remedy acts of violence stemming from real or imputed sexual orientation or gender identity by both state and non-state actors.

Resolution 275 continues to be the most significant document by the African Commission outlining the scope of the African Charter on the issue of violence and discrimination against persons in Africa on the basis of their real or imputed sexual orientation or gender identity.

The Resolution also “[s]pecifically condemns the situation of systematic attacks by State and non-state actors against persons on the basis of their imputed or real sexual orientation or gender identity.”

In Resolution 275, the African Commission “[c]ondemns the increasing incidence of violence and other human rights violations, including murder, rape, assault, arbitrary imprisonment and other forms of per- secution of persons on the basis of their imputed or real sexual orientation or gender identity.” The Resolution also “[s]pecifically condemns the situation of systematic attacks by State and non-state actors against persons on the basis of their imputed or real sexual orientation or gender identity.” The Resolution then calls on all State Parties to “ensure that human rights defenders work in an enabling environment that is free of stigma, reprisals or criminal prosecution as a result of their human rights protection activities, including the rights of sexual minorities.” Finally, the resolution “urges States to end all acts of violence and abuse, whether committed by State or non-state actors, including by enacting and effectively applying appropriate laws prohibiting and punishing all forms of violence including those targeting persons on the basis of their imputed or real sexual orientation or gender identities, ensuring proper investigation and diligent prosecution of perpetrators, and establishing judicial procedures responsive to the needs of victims.”

The Resolution “urges States to end all acts of violence and abuse, whether committed by State or non-state actors.

See the Resolution 275

TIMELINE

2009

Rejection of CAL’s Observer status
The Coalition of African Lesbians (CAL) applied for observer status at the African Commission on Human and Peoples’ Rights (ACHPR) in May 2008 in compliance with the procedures and submitting all required documentation and information. In 2009, The ACHPR rejected CAL’s application for observer status with remarks from Commissioners such as the then Vice Chair Mohammed Bechir Khalfallah who said “…these people are an imported virus that will spread across Africa and have no place in this human rights body.” While there were other Commissioners who were openly hostile and added to the virulent remarks of the Vice Chair, a few other Commissioners stood up against the homophobia and disregard for procedures and guidelines regarding Observer Status applications. The application was put to a vote and CAL’s application was rejected.

2010

Activists Meeting
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi posuere eros vel arcu convallis luctus sit amet ac dui. Nullam et suscipit nulla, a mollis tortor. Fusce at tristique felis, sit amet tristique nisi. Nulla vel felis a enim tincidunt suscipit sollicitudin in ante. Etiam commodo volutpat turpis eget auctor. Vivamus sodales odio mauris, id faucibus nulla suscipit ut. Praesent imperdiet ipsum sit amet laoreet porttitor. Nam a mauris mi. Quisque interdum suscipit odio.

2013

Presentation of Report on Violence based on perceived or real sexual orientation and gender identity in Africa

This report was prepared and edited by African Men for Sexual Health and Rights (AMSHeR) and the Coalition of African Lesbians (CAL) with the support of the Center for Human Rights at the University of Pretoria to provide a clear picture of human rights violations against LGBTI people in Africa that needed to be addressed urgently. The report highlighted the fact that sexual minorities were also entitled to the rights all other citizens have, particularly the right to security, liberty, life, dignity and a fair trial, all rights which are sometimes violated by state actors and more often by non-state actors. The report illustrated the various ways in which African States’ obligation to respect the principle of non-discrimination, which is at the heart of the African Charter, has not been extended to include the rights of LGBTI people. Among other recommendations, the report recommended that the African Commission on Human and Peoples’ Rights adopt a resolution that condemns violence against persons based on their sexual orientation and gender identity.

See Resolution Translations

2014

Adoption of Resolution 275 “Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender identity”

During its 55th ordinary session which took place in Luanda, Angola, between 28 April to 12 May 2014, the African Commission on Human and Peoples’ Rights (the ‘African Commission’) adopted Resolution 275 “Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity.” Resolution 275 condemns violence on the basis of real or imputed sexual orientation or gender identity and admonishes African states – that are parties to the African Charter on Human and Peoples’ Rights (‘African Charter’) – to prevent, investigate, and remedy acts of violence stemming from real or imputed sexual orientation or gender identity by both state and non-state actors. Resolution 275 continues to be the most significant document by the African Commission outlining the scope of the African Charter on the issue of violence and discrimination against persons in Africa on the basis of their real or imputed sexual orientation or gender identity.

2016

South Africa seminar on implementation of Resolution
In 2016, a seminar was held by civil society organizations, National Human Rights Institutions and collectives from Africa at the First Regional African Seminar on Finding Practical Solutions for Addressing Violence and Discrimination Based on Sexual Orientation, Gender Identity and Expression in Johannesburg. The outcome of the seminar was documented in the Ekurhuleni Declaration (2016). The declaration covered practical solutions for the implementation of Resolution 275 in specific categories, the role of state and non-state actors in addressing violence and discrimination, changing perceptions and creating awareness, violence and discrimination in educational institutions and settings, economic justice, health and psychosocial support, victimisation in the criminal justice system and in border control systems, legal support for survivors of violence and discrimination and their families, and on accurate data on incidence of violence and discrimination based on sexual orientation, gender identity and expression.