All persons have a naturally occurring sexual orientation, gender identity and some have intersex differences.
- Sexual orientation is understood to refer to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender.
- Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.
- Intersex differences are genetic, hormonal and physical features that may be thought to be typical of both male and female at once. That is, intersex persons may be thought of as being male with female features, female with male features, or indeed may have no clearly defined sexual features at all.
All persons have the right to enjoy their sexual orientation, gender identity and intersex difference without fear of harassment and discrimination. Harassment and discrimination includes any attempt to limit the freedoms defined in the Yogyakarta Principles.
As is the case for all universal human rights, sexual orientation, gender identity and intersex difference must be explicitly named in the human rights provisions of all constitutions, treaties, charters, covenants and aid agreements within and with Africa. This includes the African Charter on Human and Peoples' Rights. The categories of sex and other status do not provide equal protection in the face of very real homophobia and transphobia
As is the case for all universal human rights, human rights organisations have the responsibility to promote and protect human rights for persons of all sexual orientations, gender identities and intersex differences. This includes the African Commission on Human and Peoples' Rights (ACHPR) and all State human rights organisations.
To protect universal human rights, including the right to have and act on sexual orientation, gender identity and intersex difference, African nations need to carefully guard the separation of Church and State.
According to Article 18.3 of the International Covenant on Civil and Political Rights, Separation of Church and State means that freedom to manifest one's religion or beliefs in the State is subject to the limitations prescribed by the fundamental rights and freedoms of others. The fundamental rights and freedoms based on sexual orientation, gender identity and intersex difference limit the exercise of religion in the State.
Intersections:
Understanding that homophobia and transphobia are deeply rooted in patriarchy, the African LGBTI Manifesto fully supports the Charter of Feminist Principles for African Feminists' commitment to dismantle patriarchy in all of its manifestations in Africa.
Understanding that all races in Africa will benefit from the free enjoyment of their sexual orientation, gender identity and intersex difference, the African LGBTI Manifesto fully supports the African National Congress' commitment to non-racialism first enshrined in the Freedom Charter and now enshrined in the South African Constitution.
