LGBT rights in Zambia
Encyclopedia
Lesbian, gay, bisexual, and transgender persons in Zambia face legal challenges not faced by non-LGBT
citizens. Same-sex sexual activity is illegal for both males and females in Zambia
.
Formerly a colony of the British Empire
, Zambia inherited the laws and legal system of its colonial master upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy law
s that also proscribe bestiality.
Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. In 1999, the non-governmental organisation organisation Zambia Against People with Abnormal Sexual Acts (ZAPASA) formed to combat homosexuality and homosexuals in Zambia.
Arguably the largest recipient of Fundamentalist Evangelical
missionaries
during British colonial times
, societal attitudes towards homosexuality heavily mirror these influences. A 2010 survey revealed that only 2% of Zambians find homosexuality to be morally acceptable; nine points below the figure recorded in Uganda (11% acceptance).
Section 155 ("Unnatural Offences") classifies homosexual sex (in the vague description "carnal knowledge of any person against the order of nature") as a felony
punishable by imprisonment for 14 years.
Section 156 imposes imprisonment for seven years for any "attempt to commit unnatural offences". Finally, Section 157 applies to "any act of gross indecency" committed between males, "whether in public or in private", and classifies such acts as felonies punishable by imprisonment for five years. The provision also extends to "attempts to procure the commission of any such act [of gross indecency]".
Although Zambia's penal code contains no explicit reference to consensual sex between females, Cap. 87, Section 155 legally covers lesbianism.
However, like all former British East and Southern African colonies, Zambia enacted it's constitution in the 1990s, overriding much of the pre-1964 criminal code, and there are very broad protections against discrimination, with much of the language lifted from the UN Charter on Human Rights.
It can be argued that homosexuality is constitutionally protected under Article 23 of the 1996 Constitution:
Considering that any constitution
overrides all other laws, it is relevant that few if any prosecutions for homosexuality have taken place, which would allow the criminal code laws to be tested and, if found to contravene the Constitution, be struck from the books.
stated that Zambia would never legalise same-sex marriage
, claiming that it is a sin
that goes against the country's Christian status (see Religion in Zambia
).
In February 2010, the National Constitutional Conference (NCC) unanimously agreed to adopt a clause that expressly forbids marriage between people of the same sex.
based on sexual orientation
in the Zambian Constitution. The Constitution of 1991, as amended by Act no. 17 of 1996, contains an anti-discrimination clause
, present in Article 23 of the document. According to Article 23(1), "no law shall make any provision that is discriminatory either of itself or in its effect". Article 23(2) further prohibits discrimination "by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority", and Article 23(3) defines discrimination as extending to differential treatment of persons on the basis of "race, tribe, sex, place of origin, marital status, political opinions, color or creed".
by Global Rights
and the International Gay and Lesbian Human Rights Commission
, the criminalization of consensual homosexual sex in Zambia "has a devastating impact on same-sex practicing people in Zambia". The report asserts that LGBT people are subject to arbitrary arrest and detention
, "discrimination in education, employment, housing, and access to services", and extortion
–often with the knowledge or participation of law enforcement authorities.
According to a report by Behind the Mask, a non-profit organisation organisation dedicated to LGBT affairs in Africa,
most LGBT people in Zambia are closeted
due to fear of targeting and victimisation. Lesbian
s are especially vulnerable, according to the report, due to the patriarchal structure of Zambian society.
The U.S. Department of State's 2010 Human Rights Report found that “the government enforced the law that criminalizes homosexual conduct and did not respond to societal discrimination" and that "societal violence against homosexual persons occurred, as did societal discrimination in employment, housing, and access to education or health care."
In 1998, in a statement to the National Assembly of Zambia
, Vice President Christon Tembo
called for the arrest of individuals who promote gay rights, citing a need to "protect public morality". President Frederick Chiluba
described homosexuality as "unbiblical" and "against human nature".
Later, Home Affairs Minister Peter Machungwa ordered the arrest of any individual or group attempting to formally register a gay rights advocacy group. Herbert Nyendwa, the Registrar of Societies, stated that he would refuse to register any LGBT organisation or civic group
.
rate among adults is approximately 17%.
Although men involved in same-sex sexual relationships have a higher risk of HIV transmission, the government-operated National AIDS Control Program does not address same-sex relationships.
In June 2007, the Zambian Ministry of Health agreed to conduct, together with the Centers for Disease Control and Prevention
and Society for Family Health under Population Services International
, an assessment to evaluate HIV and AIDS prevalence and transmission among gay men.
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
citizens. Same-sex sexual activity is illegal for both males and females in Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
.
Formerly a colony of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
, Zambia inherited the laws and legal system of its colonial master upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy law
Sodomy law
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...
s that also proscribe bestiality.
Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. In 1999, the non-governmental organisation organisation Zambia Against People with Abnormal Sexual Acts (ZAPASA) formed to combat homosexuality and homosexuals in Zambia.
Arguably the largest recipient of Fundamentalist Evangelical
Evangelicalism
Evangelicalism is a Protestant Christian movement which began in Great Britain in the 1730s and gained popularity in the United States during the series of Great Awakenings of the 18th and 19th century.Its key commitments are:...
missionaries
Missionary
A missionary is a member of a religious group sent into an area to do evangelism or ministries of service, such as education, literacy, social justice, health care and economic development. The word "mission" originates from 1598 when the Jesuits sent members abroad, derived from the Latin...
during British colonial times
Northern Rhodesia
Northern Rhodesia was a territory in south central Africa, formed in 1911. It became independent in 1964 as Zambia.It was initially administered under charter by the British South Africa Company and formed by it in 1911 by amalgamating North-Western Rhodesia and North-Eastern Rhodesia...
, societal attitudes towards homosexuality heavily mirror these influences. A 2010 survey revealed that only 2% of Zambians find homosexuality to be morally acceptable; nine points below the figure recorded in Uganda (11% acceptance).
Law regarding same-sex sexual activity
Same-sex sexual activity is proscribed by Cap. 87, Sections 155 through 157 of Zambia's penal code.Section 155 ("Unnatural Offences") classifies homosexual sex (in the vague description "carnal knowledge of any person against the order of nature") as a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
punishable by imprisonment for 14 years.
Section 156 imposes imprisonment for seven years for any "attempt to commit unnatural offences". Finally, Section 157 applies to "any act of gross indecency" committed between males, "whether in public or in private", and classifies such acts as felonies punishable by imprisonment for five years. The provision also extends to "attempts to procure the commission of any such act [of gross indecency]".
Although Zambia's penal code contains no explicit reference to consensual sex between females, Cap. 87, Section 155 legally covers lesbianism.
However, like all former British East and Southern African colonies, Zambia enacted it's constitution in the 1990s, overriding much of the pre-1964 criminal code, and there are very broad protections against discrimination, with much of the language lifted from the UN Charter on Human Rights.
It can be argued that homosexuality is constitutionally protected under Article 23 of the 1996 Constitution:
Considering that any constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
overrides all other laws, it is relevant that few if any prosecutions for homosexuality have taken place, which would allow the criminal code laws to be tested and, if found to contravene the Constitution, be struck from the books.
Recognition of same-sex relationships
Zambia provides no recognition of same-sex couples. In 2006, Home Affairs Minister Ronnie ShikapwashaRonnie Shikapwasha
Lieutenant General Ronnie Shikapwasha is the Minister of Information and Broadcasting Services of Zambia. He has held that post since 2008...
stated that Zambia would never legalise same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, claiming that it is a sin
Sin
In religion, sin is the violation or deviation of an eternal divine law or standard. The term sin may also refer to the state of having committed such a violation. Christians believe the moral code of conduct is decreed by God In religion, sin (also called peccancy) is the violation or deviation...
that goes against the country's Christian status (see Religion in Zambia
Religion in Zambia
Zambia is officially a Christian nation according to the 1996 constitution, but a wide variety of religious traditions exist. Traditional religious thought blends easily with Christian beliefs in many of the country's syncretic churches...
).
In February 2010, the National Constitutional Conference (NCC) unanimously agreed to adopt a clause that expressly forbids marriage between people of the same sex.
Constitutional protections against discrimination
There is implicit but no explicit legal protection against discriminationDiscrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
in the Zambian Constitution. The Constitution of 1991, as amended by Act no. 17 of 1996, contains an anti-discrimination clause
Anti-discrimination law
Anti-discrimination law refers to the law on people's right to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, nationality, sexuality and sometimes...
, present in Article 23 of the document. According to Article 23(1), "no law shall make any provision that is discriminatory either of itself or in its effect". Article 23(2) further prohibits discrimination "by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority", and Article 23(3) defines discrimination as extending to differential treatment of persons on the basis of "race, tribe, sex, place of origin, marital status, political opinions, color or creed".
Living conditions
According to a report submitted to the United Nations Human Rights CommitteeHuman Rights Committee
The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
by Global Rights
Global Rights
Founded in 1978, Global Rights is an international human rights capacity-building organization that works side by side with local activists in Africa, Asia, and Latin America to promote and protect the rights of marginalized populations...
and the International Gay and Lesbian Human Rights Commission
International Gay and Lesbian Human Rights Commission
The International Gay and Lesbian Human Rights Commission is a US-based international non-governmental organization that addresses human rights violations against lesbians, gay men, bisexuals, intersexuals, transgender people and people with HIV/AIDS...
, the criminalization of consensual homosexual sex in Zambia "has a devastating impact on same-sex practicing people in Zambia". The report asserts that LGBT people are subject to arbitrary arrest and detention
Arbitrary arrest and detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law...
, "discrimination in education, employment, housing, and access to services", and extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
–often with the knowledge or participation of law enforcement authorities.
According to a report by Behind the Mask, a non-profit organisation organisation dedicated to LGBT affairs in Africa,
most LGBT people in Zambia are closeted
Closeted
Closeted and in the closet are metaphors used to describe lesbian, gay, bisexual, transgender, queer/questioning and intersex people who have not disclosed their sexual orientation or gender identity and aspects thereof, including sexual identity and sexual behavior.-Background:In late 20th...
due to fear of targeting and victimisation. Lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
s are especially vulnerable, according to the report, due to the patriarchal structure of Zambian society.
The U.S. Department of State's 2010 Human Rights Report found that “the government enforced the law that criminalizes homosexual conduct and did not respond to societal discrimination" and that "societal violence against homosexual persons occurred, as did societal discrimination in employment, housing, and access to education or health care."
Restrictions on advocating for LGBT rights
The Zambian government does not permit advocacy of LGBT rights.In 1998, in a statement to the National Assembly of Zambia
National Assembly of Zambia
The unicameral National Assembly of Zambia is the country's legislative body.The current National Assembly, formed following elections held on 20 September 2011, has a total of 156 members . 150 members are directly elected in single-member constituencies using the simple majority system...
, Vice President Christon Tembo
Christon Tembo
Lt. Gen. Christon Tembo was a vice-president and army commander in Zambia. He was foreign minister from 1995 to 1996 and then vice-president from 1997 to 2001...
called for the arrest of individuals who promote gay rights, citing a need to "protect public morality". President Frederick Chiluba
Frederick Chiluba
Frederick Jacob Titus Chiluba was a Zambian politician who was the second President of Zambia from 1991 to 2002. Chiluba, a trade union leader, won the country's multi-party presidential election in 1991 as the candidate of the Movement for Multiparty Democracy , defeating long-time President...
described homosexuality as "unbiblical" and "against human nature".
Later, Home Affairs Minister Peter Machungwa ordered the arrest of any individual or group attempting to formally register a gay rights advocacy group. Herbert Nyendwa, the Registrar of Societies, stated that he would refuse to register any LGBT organisation or civic group
Civil society
Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...
.
HIV/AIDS
As of July 2007, no public or private programmes provide HIV-related counselling to homosexual men in Zambia, where the HIV seroprevalenceSeroprevalence
Seroprevalence is the number of persons in a population who test positive for a specific disease based on serology specimens; often presented as a percent of the total specimens tested or as a proportion per 100,000 persons tested...
rate among adults is approximately 17%.
Although men involved in same-sex sexual relationships have a higher risk of HIV transmission, the government-operated National AIDS Control Program does not address same-sex relationships.
In June 2007, the Zambian Ministry of Health agreed to conduct, together with the Centers for Disease Control and Prevention
Centers for Disease Control and Prevention
The Centers for Disease Control and Prevention are a United States federal agency under the Department of Health and Human Services headquartered in Druid Hills, unincorporated DeKalb County, Georgia, in Greater Atlanta...
and Society for Family Health under Population Services International
Population Services International
Population Services International is a global health organization with programs targeting malaria, child survival, HIV and reproductive health...
, an assessment to evaluate HIV and AIDS prevalence and transmission among gay men.
See also
- LGBT rights in AfricaLGBT rights in AfricaLesbian, gay, bisexual, transgender rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries...
- LGBT rights by country or territory
- List of LGBT rights by region