Leveraging Resolution 275 for litigation and advocacy on sexual and gender minority rights in Africa

Recent legislative developments on the continent have raised concerns about the potential negative impact on Queer individuals’ rights. In this paper, the term ‘Queer’ will be used as an umbrella term to refer to sexual minorities, gender-nonconforming people, and LGBTQIA+ allies. Resolution 275 of the African Charter on Human and People’s Rights was passed to recognise and defend the rights of sexual and gender minorities. It is critical to recognise that, despite recent progress, sexual and gender minorities continue to face systemic discrimination in some African countries where discriminatory laws exist. Through available literature and legislation, this paper will investigate the potential of The Resolution as an effective litigation and advocacy tool for challenging sodomy laws and anti-rights rhetoric against sexual and gender minority groups in Africa. Beyond decriminalising sodomy laws, it will investigate how local actors, including state and non-state entities, can effectively influence communities in countries where such laws exist and how they can be mobilised to promote the Ubuntu concept’s norms and values among community members. According to the study, decriminalising sodomy laws and promoting sexual and gender minority rights in Africa can have a positive impact.