Network of African National Human Rights Institutions

STATUS OF TRANSGENDER & INTERSEX PERSONS IN SELECTED AFRICAN STATES

The African continent continues to be celebrated for its rich diversity in language, colour, culture and landscapes. Amidst this vibrant mosaic that makes up the African Peoples, it is also evident that some voices, experiences, and stories are not fully explored resulting in their invisibilization within society and frameworks.

This report dubbed’ The Status of Transgender and Intersex Persons in Selected African States’ takes us on a deep dive into the legal and social fabrics in 9 (African countries. The report sheds light on the challenges and triumphs of transgender and intersex persons and movements in Africa illuminating the human face of legal protections and acceptance pieced together in African and International human rights frameworks. The report aims to foster a comprehensive understanding of gender identity and sexual characteristics, challenge discriminatory practices, and probe the strategic advocacy for inclusive legal, institutional, advocacy, and societal policies and frameworks that uphold the dignity and rights of all persons.

The research is greatly anchored and amplifies principles and obligations set forth by Resolution 275 on the ‘Protection against Violence and Other Human Rights Violations on the basis of their real or imputed Sexual Orientation and Gender identity’ during the 55th Ordinary Session and Resolution 552 – Resolution on the Promotion and Protection of the Rights of Intersex Persons during the 74th Ordinary Session. The research re-asserted Article 28 of the African Charter which prescribes that ‘Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.’

The Network of African Human Rights Institutions (NANHRI) amplifies its role and voice in recognizing discrimination, stigma and violence perpetuated against persons, including non-citizens such as refugees based on their real or perceived sexual orientation, gender identity, expression and sexual characteristics (SOGIESc) within the continent. NANHRI’s commitment to this emerging and critical human rights issue is also derived from international and regional obligations and principles that are anchored in National Human Rights Institutions’ mandates of protecting the rights of all without discrimination.

NANHRI’s hope is for this groundbreaking and detailed report to catalyze meaningful change, inspiring Transgender and Intersex persons, NHRIs, CSOs, policymakers, and human rights advocates to take decisive action in promoting the rights and welfare of transgender and intersex persons. Together, we can work towards a future where every person, regardless of their gender identity or sex characteristics, is treated with respect and dignity.