by Albert Oppong Ansah & Eva Salinas

The rights of gays and lesbians in Africa were left out of the 41st ordinary session of the African commission on human and people's rights due to a constraint in time, the ACHPS chairperson has explained.

Salamata Sawadogo told attendees of the closing of the commission"s 41st session that "we did not have the time to discuss the issue," adding that a number of items on the agenda were forfeited because of scheduling limits.

Due to that, the commission has not made an official statement on the rights of gays and lesbians, Ms Sawadogo said, adding: "[We] have not adopted a position on the issue."

The chair admitted however that the commission realizes "sometimes there are acts of violence against certain people," she said, and added "any human rights defender needs to be protected."

Peter Nii, a supporter of the gay and lesbian association of Ghana, said he is not surprised that the commission did not raise the issue in the session. "I think this [topic] is a disaster for the African Commission," he said. "I think they thought this is not an important issue."

Nii, 32 and a heterosexual, said people need to speak openly and critically of the issue, instead of condemning it immediately. "For me, people should be asking why they are gays and they are lesbians… How can someone speak who is not a woman and doesn’t know what it is like to be a woman? Let gays and lesbians talk," he suggested. "Everyone has an individual right, we are all equal. If someone is gay and they are treated as a second degree person because of their sexuality, there is a problem," he added.

Ms Sawadogo said a recent case had come to her attention involving the killing of someone for defending the rights of gays and lesbians, admitting the incident was in violation of their rights. She emphasized however that it was simply due to timing that the topic was not visited.

"It is also an infinite challenge to be able to tackle, in 15 days, the burning and urgent issues on the human rights situation in Africa," she said earlier in her closing remarks. She also commented on the limited resources of the commission in general.

"For more than a year, the holding of the ordinary session has, in itself, constituted a challenge. Indeed the insufficiency of financial resources which results in the insufficiency of material, human and logistical resources constitutes a restricting factor," she said.

Shortly after the start of the session, on May 16, the rights of gays and lesbians were brought into question in the Ghanaian media. Several radio stations in the capital featured interviews with a representative from a South African organisation that represents lesbians.

In the press, deputy Attorney General, Mr. Kwame Osei-Prempeh responded by referring to section 104 in the criminal code, which makes unnatural carnal knowledge illegal, and reportedly asked "should we allow people to have unnatural carnal knowledge with animals in the name of respect for fundamental human rights?"

The Universal Declaration of Human Rights however declares "everyone has the right to life, liberty and security of person" and "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." The African Charter also says "every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present charter without distinction of any kind."

The commission will not sit again until the 14th November of this year.

http://www.thestatesmanonline.com/pages/news_detail.php?newsid=3653§ion=1