ACDHRS
During the session of the NGO Forum preceding the 83rd Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR), a panel focused on the enduring impact of colonial-era laws on vulnerable populations across Africa was organised. The panel brought together human rights defenders and advocates to examine how outdated legal frameworks continue to marginalize communities, particularly LGBTQ+ individuals and sex workers, and to discuss pathways toward decriminalization and justice.
During the panel that took place on the 28th of April 2025, Robert Akoto Amoafo, Advocacy Manager at Pan Africa ILGA, opened the session by highlighting the historical context in which African legal systems were established—not to serve justice, but to assert control over colonized populations. He emphasized that these systems were not designed with the protection of African peoples in mind, but rather to enforce colonial dominance.
Anthony Oluoch, Programmes Manager at Pan Africa ILGA, elaborated on this point, noting that the legal systems inherited from colonial powers were never intended to uphold the rights of African citizens.
"The existing legal frameworks have created significant barriers for human rights defenders advocating for marginalized groups, particularly LGBTQ+ individuals, who have been systematically left behind in the pursuit of justice and equality."Anthony Oluoch, Programmes Manager at Pan Africa ILGA
Joining virtually, Thato Thinyane, Project Coordinator at the Peoples’ Matrix in Lesotho, discussed how colonial laws were deliberately crafted to criminalize African norms that conflicted with European moral codes. She highlighted the persistence of police violence and discriminatory arrests rooted in these outdated laws. Thinyane argued that any sincere conversation about reparations must include decriminalization, framing it not merely as a legal reform but as a necessary act of reparation for historical injustices.
"The African Commission must prioritize the repeal of dehumanizing and unjust laws that continue to oppress African communities."Thato Thinyane, Project Coordinator at the Peoples' Matrix in Lesotho
Geoffrey Ogwaro, Advocacy Manager at the Uganda Key Population Consortium, provided a contemporary example by referencing Uganda’s Penal Code, introduced by the British in 1950, which criminalizes LGBTQ+ identities. He noted that this colonial-era law continues to influence current legislation, as seen in recent efforts to further criminalize homosexuality in Uganda. Ogwaro also addressed the criminalization of sex work in several African countries, contrasting this with nations that have taken steps to regulate the sector to protect the rights of sex workers.
Kevin Mwachiro, a Kenyan journalist, writer, and podcaster, highlighted the ongoing presence of colonial laws in Kenya, such as the Witchcraft Act, and the criminalization of non-procreative sexual activities. He also pointed out the criminalization of suicide, advocating instead for mental health support for individuals in crisis. Mwachiro called for a more inclusive and diverse Africa that respects and protects individuals regardless of their sexual orientation or lifestyle.
The panelists collectively emphasized the urgent need to dismantle colonial legal legacies that continue to marginalize vulnerable populations in Africa. They called on the African Commission on Human and Peoples’ Rights to take concrete steps toward decriminalization, recognizing it as both a legal necessity and a form of reparation for historical injustices. The panel underscored that achieving a more just and equitable Africa requires confronting and reforming the colonial laws that still shape the continent’s legal landscape.
At the 55th Human Rights Council session, civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations. Full written version below.
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This week in an online event, 10 candidate States publicly spoke to an audience of around 200 people on their pledges as incoming Human Rights Council members for 2022 – 2024. They also faced questions on pressing human rights issues from both States and civil society organisations.
