Legal Framework

Zambia’s Penal Code Act (Cap 87) Article 155 expressly criminalises homosexual relations. Article 158 condemns same sex relations between men, women and children. Men and women violators are punishable by a sentence of imprisonment for ‘a term of not less than seven years and not exceeding fourteen years’.

 

The Constitution of Zambia condemns discrimination based on race, tribe, sex, place of origin, marital status, political opinion or colour but does not mention sexual orientation.  The constitution of Zambia does not recognise its obligation to international agreements or to the United Nations Declaration of Human Rights.

For more detailed information on the protection of LGBTQI+ rights in Zambia, visit the Zambia ILGA World Database.

In November 2019, men were sentenced by the Lusaka High Court to 15 years imprisonment for engaging in same-sex sexual activities. However, in 2020, the two men were granted presidential pardons following a diplomatic row with the US (see below).

Prior to President Edgar Lungu being elected in 2015, in December 2014 he said, “we will not support homosexuality. I will not compromise human nature because of money.” Since his election, he has followed this rhetoric and has continued to argue against the legalisation of homosexuality. In 2019, after the sentencing of two gay men there were suggestions that the US would cut aid to Zambia. President Lunga stated ‘if you want to be tying your aid to homosexuality…If that is how you will bring your aid then I am afraid the West can leave us alone in our poverty.’

In February 2012 former Republican Vice President George Kunda asked the current government to state its position on homosexuality in Zambia after a visit from Ban Ki Moon called for Zambia to recognise homosexuality rights. Kunda announced that Zambia should not be plagued by foreign culture and must stand strong in their beliefs. In March 2012, Chief Government spokesperson Fackson Shamenda stated that ‘the Government has no intention to legalise homosexuality because there is no reason to do so…. the Government has more pressing issues to address’.

On 29th December 2001, President Frederick Chilba declared Zambia a Christian nation where the large majority of Zambians are religious and hold traditional values.

Some people in Zambia believe that gay men are born homosexual whereas some believe that it is a result of increasing Western influence on African culture. Those campaigning for rights for homosexuals are seen to be selling out to international donors, a result of poverty in the country.

Same-sex male and same-sex female relationships are illegal and due to the patriarchal nature of the Zambian society, protection of lesbian women is said to be even more ‘urgent’. According to a joint report by Global Rights and the IGLHRC, the preservation of codes criminalising homosexuality results in LGBTI persons living in ‘constant fear of arbitrary detention, discrimination in education, employment, housing, and access to services, and extortion’.

According to UNICEF data, the prevalence of HIV/Aids in Zambia has decreased from 60,000 infections in 2010 to 51,000 in 2019, however, there are no Government sponsored programs addressing HIV with respect to same-sex male relations. The National AIDS Strategic Framework 2017-2021 and the Adolescent Health Strategy 2017-2021 focus on prevention among children, mothers and adolescents. Counselling centres such as the KARA counselling centre refuse to counsel LGBTI people because it is thought that ‘homosexuality is catching’.

In 2011, Michael Sata leader of the PF political party was criticised for not taking a strong opposing stand against homosexuality. NGOs such as The Zambian Rainbow Coalition have been reported being concerned about “the satanism which is about to engulf the country.” Similarly, an NGO calling itself Zambia Against People with Abnormal Sexual Acts (ZAPASA) was formed to fight against homosexuals. The Catholic Church and The Bible Gospel Church in Africa (BIGOCA) have begun programmes to sensitise people to the dangers of voting for a party that does not completely oppose homosexuals’ rights in Zambia.

According to the ILGA Africa 2000 Report, the majority of the Zambian community is against LGBTI people except for the NGOs, ZIMT, AFRONET and LEGATRA. Except for the reference to them in this report, no information could be found relating to these organisations. It was reported that the President of LEGATRA was attacked twice in 1999. Again, no further information on LEGATRA was able to be found.

We have not found any relevant case law at this time but we welcome suggestions. If you have any suggestions, please get in touch.

Organisations supporting LGBTQI+ individuals

We are not currently aware of any organisations working with LGBTQI+ persons in Zambia, but we welcome suggestions.  If you have any suggestions, please get in touch.

 

Country of Origin experts in LGBTQI+ rights

We do not currently have any specialists on LGBTQI+ issues in Zambia, but we welcome suggestions. If you have any suggestions, please contact us

 

Zambia Legal Assistance

Find organisations providing legal assistance to refugees in Zambia.

Zambia COI

Find Zambia Country of Origin information (COI) experts, reports, commentaries, and relevant documents. 

We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.

Last updated May 2023