Accepted paper:

Sexual orientation, gender identity and homophobia in Africa: an examination of the human rights of LGBT people

Authors:

Ferdinand Agama (National Open University of Nigeria)
Ernest Ugbejeh (National Open University of Nigeria)

Paper short abstract:

The challenge of LGBT human rights is global. In Africa, most States have laws criminalizing homosexuality, although LGBT people's rights fall within the ambit of international human rights. This paper analyses the struggles, strategies and development of LGBT human rights within African context.

Paper long abstract:

Issues concerning sexual orientation, gender identity and, the entire topics on LGBT are controversial and contentious ones worldwide. This is especially so in African continent which till date is still a hotbed of homophobia. In essence however, topics on LGBT fall within the purview of the present international human rights. This came as a result of painstaking efforts by proponent States which pushed hard at the United Nations General Assembly for equal recognition and protection of LGBT people's rights as human rights. On the contrary, most African States still have a different orientation and view concerning LGBT people's rights, the practices which are still a taboo in several parts of Africa. Against this backdrop, this paper set to discuss succinctly, the struggles, strategies and development of LGBT human rights, with special focus on Africa. The paper examined the human right status of LGBT people in Africa in relation to the prevalent State homophobia and found there is a good link to the cultural peculiarities, religion, value system and family value in the region. On the consideration of natural order, common sense, scientific report and, even positive law, the paper argued on the claim that LGBT people's rights tantamount to human rights. Thereafter, it concluded with useful recommendations.The paper adopted doctrinal and empirical methods.

panel Law02
LGBT human rights in Africa: struggles and strategies