LGBTQ rights in Zambia

Same-sex sexual activity is proscribed by Sections 155 and 156 of Zambia's penal code (as amended 1933 and repealed and replaced by Act No. 15 of 2005). The law criminalizes consensual same-sex sexual conduct, with penalties upon conviction for engaging in "acts against the order of nature" of fifteen years' to life imprisonment. Conviction under the lesser charge of "gross indecency" carries a penalty of up to fourteen years' imprisonment. "Unnatural" offences Section 155 ("Unnatural Offences") criminalizes homosexual sex as a felony punishable by terms of imprisonment which range from fifteen years, up to a life sentence. Kasonkomona was charged with the crime of "soliciting in a public place for immoral purpose." Also in 2013, two gay-identifying men were beaten outside of a nightclub after being found in a "compromising position". They decided against pressing charges out of the fear of being jailed themselves. In May 2014, citizens of the Marapodi area of Lusaka apprehended two women who were suspected lesbians. They captured the women, brought them to the local police station, and demanded their arrest. In January 2015, an openly gay man was attacked by a mob which reportedly included three police officers. Zambia has abstained from/denied a number of reform efforts. In 2011, Zambia was one of three countries to abstain from a call from the Human Rights Council to prepare a report on the rights of its LGBTQ citizens. In a 2012 UPR review, Zambia rejected recommendations to repeal laws criminalizing same-sex relations. This followed a similar recommendation by the UPR in its 2008 review. The Zambian delegation provided the following in defense of their rejections:the Constitution making process will give the people the opportunity to determine whether specific rights for LGBTQ persons should be enshrined in the Constitution. The Government was determined not to prescribe to the Zambian people those rights that the Constitution should contain, but to let them make such a determination.However, in its 2018 review, Zambia noted the recommendations to decriminalize same-sex relations. Aside from this, no further actions have been made thus far. ==Restrictions on advocacy==

The Zambian government does not permit advocacy of LGBTQ rights; Nevertheless, in their 2021 report, the bare conclusion of the U.S. Department of State was: "Freedom of expression or peaceful assembly on LGBTQI+ matters remained nonexistent." 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 LGBTQ organisation or civic group. the recognition of rights for sexual minorities, After the program, the activist was stopped by police, held in jail overnight, and accused of inciting the public to take part in indecent activities. The activist was later charged with "idle and disorderly conduct under Section 178(g) of the Penal Code, of the Laws of Zambia". The activist challenged the charges in court by questioning three definitions to which he was charged: (1) "soliciting", (2) "public space", and (3) "immoral purposes". ==Recognition of same-sex relationships==

Zambia does not recognize same-sex marriages or civil unions. Section 27(1)(c) of the Matrimonial Causes Act, 2007, states that a marriage is void if "the parties to the marriage are of the same sex." The Anti-Gender-Based Violence Act, 2011, states that domestic relationship means "a relationship, between a victim and a respondent in any of the following ways(...)(b) the victim cohabits with the respondent in a relationship in the nature of a marriage notwithstanding that they are not married, were not married to each other or could not or cannot be married to each other." This definition may include people in a same-sex relationship. In 2006, Home Affairs Minister Ronnie Shikapwasha stated that Zambia would never legalize same-sex marriage, claiming that it is a sin that goes against the country's Christian status. In February 2010, the National Constitutional Conference (NCC) unanimously agreed to adopt a clause that expressly forbids marriage between people of the same sex. ==Discrimination protections==

There are no broad legal protections against discrimination based on sexual orientation or gender identity in areas such as education, health, housing and employment. However, some limited legal protections are in place: • Section 5.1(c) of the Code of Ethics and Discipline: Fitness to practice, 2014, issued by the Health Professions Council of Zambia, states that "A health practitioner shall not: (x) Discriminate in the management of patients/clients based on the patient’s/client’s lifestyle, culture, beliefs, race, sex, sexuality, disability, age, ethnicity, social or economic status." • Section 18.0.3(c) of the Information and Communication Technology Standards and Guidelines, issued by the Ministry of Health in 2014, states that "Making ethnic, sexual-preference or gender-related slurs or jokes" is considered by the Ministry as an inappropriate activity on the telephone network. • The National Adolescent Sexual and Reproductive Health Policy, issued by the Ministry of Health in 2015, states that sexuality is a central aspect of being human throughout life and encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction. • The Zambia Consolidated Guidelines for Treatment and Prevention of HIV Infection, issued by the Ministry of Health in 2022, states as a standard that: “The health facility provides high-quality services to all adolescents, regardless of age, sex, marital status, educational level, ethnic origin, sexual orientation, sexual behavior, or other characteristics.” • Section 2.2.1.3 of the Standard Operating Procedures for Broadcasting, issued by the Independent Broadcasting Authority (IBA), states that "licensees must ensure that material which may cause offence is justified by the context. Such material may include, but is not limited to, offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the grounds of age, disability, gender, race, religion, beliefs and sexual orientation)." Constitutional provisions As many East and Southern African former British colonies have done, Zambia enacted its own constitution in the 1990s. This overrides 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. As constitutions override other laws, this may be why few, if any, prosecutions for homosexuality have taken place, as this would allow the relevant Criminal Code sections to be tested, and deleted if they are found to contravene the 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". There is implicit but no explicit legal protection against discrimination based on sexual orientation and gender identity in the Zambian Constitution. ==Living conditions==

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." Community attitudes Zambia's societal attitudes towards homosexuality strongly reflect the influences of evangelical religions and historical colonial attitudes to homosexuality. Arguably the largest recipient of fundamentalist evangelical missionaries during British colonial times, such fundamentalist-style religious adherence is widespread in Zambia. In 1999, the non-governmental organisation Zambia Against People with Abnormal Sexual Acts (ZAPASA) formed to combat homosexuality and homosexuals in Zambia. In 2013, Christine Kaseba, the wife of former President Michael Sata, said that "silence around issues of men who have sex with men should be stopped and no one should be discriminated against on the basis of their sexual orientation." Harassment and violence 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 LGBTQ 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. The report notes that LGBTQI+ advocacy groups advise that police regularly solicit bribes from arrested individuals for alleged same-sex activity. The research and advocacy group Human Rights Watch reports the use of forced anal examinations for police prosecutions, despite such procedures having no evidentiary value as to same-sex activity. The examinations are widely condemned as invasive and traumatic. They are viewed as abusive treatment by the World Health Organisation and medical authorities. In reporting a specific 2014 prosecution, Amnesty International described the treatment of the two men in the case, who were subjected to forced anal examinations as "tantamount to torture and scientifically invalid". LGBTQI+ individuals are at risk of harassment in the community from threats, stalking, vandalism and even violence. According to a report by Behind the Mask, a non-profit organisation dedicated to LGBTQ affairs in Africa, most LGBTQ 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. 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. ==Summary table==