As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
Homosexuality is outlawed in 38 African countries. In some countries offenders can be punished with death and in many more with harsh jail sentences. Recent developments in Uganda and Malawi have attracted international attention and once more underlined the precarious human rights situation of lesbian, gay, bisexual, transgender and intersex (LGBTI) people on the continent.
Fuelled by homophobic utterances of political and religious leaders, opposition to homosexuality is often embedded in tradition, religion and culture. Ignoring factual history, non-normative sexual orientations and gender identities are dismissed on the basis that they are Western imports and “un-African”.
The Heinrich Böll Foundation has aimed to empower LGBTI organisations to participate in public life and express the concerns of LGBTI people in the region for many years. It is hoped that this issue of Perspectives will help LGBTI activism in its struggle towards changing Africa into a continent where LGBTI people enjoy the full range of human rights.
What is clear from the articles gathered here is that despite the myriad of challenges and hostile environment there is an ongoing engagement and growing movement towards equality for LGBTI people throughout the continent. So while there may be a long journey ahead, we remain optimistic.