Towards Non-Discrimination on the Basis of Sexual Orientation: The Normative Basis and Procedural Possibilities before the African Commission on Human and Peoples' Rights and the African Union

The African Charter on Human and Peoples' Rights, through the work of its Commission, has been interpreted in an increasingly dynamic fashion since its establishment in 1986. Through some innovative jurisprudence on the extensive range of rights available in the Charter, the Commission is starting to be taken seriously. However, one area that has been on the margins of international human rights law, sexual orientation, has also remained largely outside the consideration of the African Commission. This is despite the fact that violations continue against gays and lesbians across the African continent. This article seeks to outline how the African Charter regards the issue of gay and lesbian rights and how those working in this area can make use of the mechanisms available through the African Commission.