African Charter on Human Rights and People's Rights
The African Charter is a human rights instrument to promote human rights in the African Continent.
Resolution 275
On 12th may 2014 the African Commission adopted Resolution 275, titled “Resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity”. This brought LGBT rights within the scope of the charter's Article 2 which provides: “Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.”
This was done in the context of 'grave concen' regarding the status of LGBT+ people in many member states facing an increased threat of sexual violence, murder and assault on the basis of their actual or perceived sexual orientation or gender identity both at the hands of state and non-state actors. The resolution called on member states to take action to stop such human rights violations.
Legacy
Many member states have continued to fail their LGBT citizens in their application, or lack there of, of Resolution 275, often justifying this with the mythological idea of LGBT rights being contrary to "African values" or (overwhelmingly non african) religious doctrines. In their report of 12 African countries protection of LGBT persons, Amnesty international found LGBT people and rights organisations continue to face discrimination, criminalisation and the death penalty.