AN AFRICAN IDEA OF NATURAL LAW

Abstract

The advent of liberal democracy ushered in series of agitations for the recognition of certain rights accrued to human nature. These rights are variously called human rights. Human rights are justiciable; violating them have serious legal implications for the violator. Thus, human rights are legally insulated from all forms of abuses. The term “human rights” is misleadingly suggestive of universality. Three reasons account for this. First, cultural diversity defeats any overt or implied notion of absolute universal human rights (this does not apply to basic or fundamental rights). Second, some of these rights are blatantly in violation of what has been accepted as natural order. Finally, some of those rights are antithetical to all religious beliefs and practices. Debates on LGBTQQIP2SA+ should take into cognizance these three reasons. In this paper the authors discuss LGBTQR+ from an African perspective of the natural law theory. The paper argues that from the perspective of the natural law (1) LGBTQQIP2SA+ does not have a natural space in Africa, (2) LGBTQQIP2SA+ is an unnatural order and therefore is not a human right issue, (3) LGBTQQ1P2SA+ has serious spiritual implications for the African, and (4) LGBTQQ1PSA+ is culturally, a pollutant.