User:Black Falcon/Sandbox/LGBT rights in Zambia
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LGBT rights in Zambia are governed by the penal code of Zambia. Homosexuality is illegal in Zambia[1] and there is no recognition of legal rights for same-sex couples.
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[edit] Historical background
Zambia, formerly a colony of the British Empire, 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 laws that also proscribe bestiality.[1]
[edit] Legal status of homosexuality
Homosexuality is proscribed by Cap. 87, Sections 155 through 157 of Zambia's penal code.[2]
Section 155 ("Unnatural Offences") defines homosexual sex ("carnal knowledge of any person against the order of nature") as a felony punishable by imprisonment for 14 years.[2]
Any person who- (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a felony and is liable to imprisonment for fourteen 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]".[2]
Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.
Although Zambia's penal code contains no explicit reference to consensual sex between females, Cap. 87, Section 155 legally covers lesbianism.[1]
[edit] Protection based on sexual orientation
There is no explicit legal protection against discrimination based on sexual orientation in Zambia. 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".[2]
[edit] LGBT life in Zambia
According to a report submitted to the United Nations Human Rights Committee 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.[2]
According to a report by Behind the Mask, a non-profit organisation dedicated to LGBT affairs in Africa,[3] most LGBT people in Zambia are closeted due to fear of targeting and victimisation. Lesbians are especially vulnerable, according to the report, due to the patriarchal structure of Zambian society.[1]
[edit] Social attitudes toward LGBT people
In Zambia, social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity.[1]
In 1999, the non-governmental organisation Zambia Against People with Abnormal Sexual Acts (ZAPASA) formed to combat homosexuality and homosexuals in Zambia.[1][2]
[edit] Government attitudes toward LGBT people
The government of Zambia offers no legal protection to LGBT people and does not permit advocacy of LGBT rights.[2]
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". 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.[2]
In 2006, Home Affairs Minister Ronnie Shikapwasha stated that Zambia would never legalise same-sex marriage, claiming that homosexual marriage is a sin that goes against the country's Christian status (see Religion in Zambia).[4]
[edit] HIV-related counselling
As of July 2007, no public or private programmes provide HIV-related counselling to homosexual men in Zambia, where the HIV seroprevalence rate among adults is approximately 17%.[5] 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.[2]
In June 2007, the Zambian Ministry of Health agreed to conduct, together with the Centers for Disease Control and Prevention and Family Health International, an assessment to evaluate HIV and AIDS prevalence and transmission among gay men.[6]
[edit] See also
[edit] References
- ^ a b c d e f Numwa, Regina. Zambia. Behind The Mask. Retrieved on 2008-06-01.
- ^ a b c d e f g h i Fabeni, Stefano, Cary Alan Johnson, and Joel Nana (July 2007). The Violations of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in Zambia. Global Rights and International Gay and Lesbian Human Rights Commission. Retrieved on 2008-06-01.
- ^ Who we are. Behind The Mask. Retrieved on 2008-06-01.
- ^ "Zambia will never legalise gay marriages-gov’t", African Veil, 2006-12-10. Retrieved on 2008-06-01.
- ^ Zambia. The World Factbook 2008. Central Intelligence Agency (2008-05-15). Retrieved on 2008-06-01.
- ^ Mhlambiso, Nthateng. "Hope for Zambian MSM", Behind The Mask, 2007-07-26. Retrieved on 2008-06-01.
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