The Mauritius Supreme Court has declared unconstitutional a law that criminalises consensual same-sex acts between adult men. The decision boosts the trend in the Southern African Development Community (SADC) region towards decriminalisation. Now, a slight majority – nine out of 16 member states – do not prohibit gay and lesbian sexual relations.
I have researched and taught human rights law in Africa, including the rights of sexual minorities, for over three decades, and closely follow the work of the African Commission on Human and Peoples’ Rights.
The African Commission, as the continent’s human rights custodian, should lend its unequivocal support to the decriminalisation trend. This is particularly significant as attempts are made to further criminalise and stigmatise sexual minorities in parts of Africa.
