Between Commonwealth Values and Colonial Laws: The Crisis of Sexual Minority Rights in Nigeria, Ghana, and Kenya

Abstract

Abstract Studies have further shown that homophobia in Africa is often tied to British colonial laws, such as the Labouchere Amendment (Criminal Law Amendment Act 1885) that had shown contempt for sexual minorities. Nigeria, Ghana and Kenya, which were former British colonies, still cling on to these colonial laws, which have long been repealed in Britain. Using a qualitative research design that will involve doctrinal research on local and international law instruments like the Yogyakarta Principles on the Application of International Human Rights Law, and case studies, it was determined that sexual minority freedom indicates the general condition of human rights in Nigeria, Ghana and Kenya. It was argued that the Commonwealth of Nations is a platform that could be used to engage human rights in Nigeria, Ghana and Kenya, since these countries share a common colonial influence in their histories. However, cultural relativist interpretations of human rights and sovereignty are impediments to the interventions of the Commonwealth. It was concluded that establishing credible commitment for the Commonwealth of Nations, will help in ensuring the capacity needed to protect the rights of sexual minorities and improving the general condition of human rights in Nigeria and Ghana.