ROLE OF THE UNITED NATIONS HUMAN RIGHTS COMMITTEE ON THE LEGALISATION OF GAY RIGHTS IN AFRICA

Abstract

Homosexuality is a crime in most African states; however, the UN and some western states have been putting pressure
on African states, with even threats of withdrawing financial aid if they fail to decriminalise gay rights within their
territories, despite it not falling under the scope of any treaty. The HRC which oversees the implementation of the
ICCPR within the territories of its state parties is selected to gauge the success or otherwise of discharging its
mandate as it relates to gay rights. In the course of the study, the relevant literature and the jurisprudence of the
HRC were analysed in highlighting the status of the level of compliance with the ICCPR by state parties, as it affects
the legalisation of gay rights. The paper concludes that the HRC has not had much success in convincing African
state parties to decriminalise homosexuality. Consequently, it is recommended that the HRC should focus more on
encouraging state parties to uphold the individual rights contained in the treaty, rather than focusing on gay rights,
as it further aggravates hostility towards those who practice homosexuality by the individual communities in which
they live in.