The African Union law is understood as the set of legal frameworks (binding or not) produced by the Union and applicable to its member States. The Constitutive Act of the African Union (2000) foresees a Union of peace, good governance, and human rights. But this union of values fails to protect LGBTQ+ people. In African Union law, gender is mainly understood as corresponding to women, and “gender identity” or “gender expression” are scarcely referred to in AU legal frameworks. Moreover, African human rights law enforces non-discrimination as a core principle, but African LGBTQ+ people are still facing marginalisation, violence, and hardship. Political setbacks may compromise a holistic protection of non-binary and non-conforming people. Drawing from this framework, this chapter aims to assess how inclusive and protective can African Union Law be for queer African citizens. It will focus on the African concepts of inclusion and non-discrimination, enshrined in AU law, and challenge the binary understanding of gender and marginalisation of others.

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