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PermaLink: |
https://www.worldcourts.com/achpr/eng/decisions/1994.11.03_Courson_v_Zimbabwe.htm |
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Citation: |
Courson
v. Zimbabwe, Decision, Comm. 136/94 (ACmHPR, Nov. 03, 1994) |
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Publications: |
IHRDA, Compilation of Decisions on
Communications of the African Commission On Human and Peoples'
Rights Extracted from the Commission's Activity Reports 1994-2001,
at 397 (2002); Documents of the African Commission on Human and
Peoples' Rights, at 397 (Malcolm D. Evans & Rachel Murray eds.,
2001); (2000) AHRLR 335 (ACHPR 1995) |
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FACTS
1. The communication concerns the legal status of homosexuals in Zimbabwe.
Domestic law of Zimbabwe criminalizes sexual contacts between consenting
adult homosexual men in private. According to the complainant, this
prohibition is currently being enforced in Zimbabwe, encouraged by
statements against homosexuals by the President and by the Minister of Home
Affairs.
2. The communication complains of violations of the African Charter on Human
and Peoples' Rights, namely Articles 1-6, 8-11, 16, 20, 22 and 24. The
complainant points to Article 60 of the Charter which states that the
Commission shall draw inspiration from international law on human and
peoples rights and as Annex B to the communication the complainant has
attached the views adopted by the Human Rights Committee in the case of Mr.
Toonen vs. Australia. In this case the Committee was of the view that the
criminalization of homosexuality in Tasmania was unreasonable and interfered
arbitrarily with Mr. Toonen's right to privacy under CPR Article 17,
paragraph 1.
FINDING
3. The communication was withdrawn by the author. The Commission saw no need
to continue with it. |
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