- Homosexuality
- ⚢✖ Illegal (up to life in prison as punishment)
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ Imprisonment as punishment
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- N/A
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Public Opinion
Recent studies in Zambia reveal an alarming level of opposition to LGBTQ+ rights, causing concern for LGBTQ+ individuals.
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History
Homosexual activity in Zambia is illegal (up to life in prison as punishment).
Current status
Since Oct 7, 2005
Illegal (up to life in prison as punishment)
In 2005, Zambia amended its Penal Code to criminalize lesbianism. Article 155 (a) punishes carnal intercourse against the order of nature with no less than 15 years in prison and the possibility of being liable to imprisonment for life.
Same-sex marriage in Zambia is banned.
Current status
Since Sep 12, 2007
Banned
In 2007, the Matrimonial Causes Act took effect in Zambia, explicitly declaring same-sex marriages void.
In 2010, Zambia passed another clause in its constitution that explicitly forbids marriage between people 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 includes people in a same-sex relationship.
In 2010, Zambia passed another clause in its constitution that explicitly forbids marriage between people 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 includes people in a same-sex relationship.
Censorship of LGBT issues in Zambia is imprisonment as punishment.
Current status
Since Jan 1, 1930
Imprisonment as punishment
Section 178(g) of the Zambian Penal Code (1930) criminalizes any act of "solicitation for immoral purposes in a public place".
This provision was used as a legal basis to arrest and prosecute Paul Kasonkomona who, in 2013, appeared on a television show arguing that the rights of sexual minorities should be recognized so that the HIV epidemic could be dealt with effectively. He was arrested by the authorities after his statement and was acquitted two years later.
Furthermore, in 2019, the Minister of Religious Affairs ordered the cancellation of a television program for allegedly "promoting homosexuality".
This provision was used as a legal basis to arrest and prosecute Paul Kasonkomona who, in 2013, appeared on a television show arguing that the rights of sexual minorities should be recognized so that the HIV epidemic could be dealt with effectively. He was arrested by the authorities after his statement and was acquitted two years later.
Furthermore, in 2019, the Minister of Religious Affairs ordered the cancellation of a television program for allegedly "promoting homosexuality".
Right to change legal gender in Zambia is illegal.
Current status
Illegal
Zambia does not provide for legal gender recognition. Although Section 9(2) of the National Registration Act 19 of 1964 could theoretically be used to change a person’s sex description, it has never yielded any results thus far.
Additionally, Section 378 of the Penal Code, which prohibits impersonation, has been used to target transgender people intending to live as their gender identity.
Additionally, Section 378 of the Penal Code, which prohibits impersonation, has been used to target transgender people intending to live as their gender identity.
Gender-affirming care in Zambia is restricted.
Current status
Restricted
Gender-affirming care is not provided in Zambia although not explicitly banned either.
Legal recognition of non-binary gender in Zambia is not legally recognized.
Current status
Not legally recognized
As there is no protocol to change legal gender in Zambia, non-binary self-identification is defacto not recognized.
LGBT discrimination in Zambia is illegal in some contexts.
Current status
Since Dec 31, 2002
Illegal in some contexts
There are some limited protections based on sexual orientation.
-Broadcasting Standard Operating Procedure issued by the Independent Broadcasting Authority (IBA).
-Professional Code of Ethics and Discipline (2014) isued by the Health Professions Council of Zambia.
-Information & Communication Technology Standards and Guidelines (2014)
issued by the Ministry of Health.
-National Adolescent Sexual and Reproductive Health Policy (2015).
-Zambia Consolidated Guidelines for Treatment and Prevention of HIV Infection (2022) issued by the Ministry of Health.
-Gender Equality Strategy and Action Plan for the Energy Sector (2022).
-Broadcasting Standard Operating Procedure issued by the Independent Broadcasting Authority (IBA).
-Professional Code of Ethics and Discipline (2014) isued by the Health Professions Council of Zambia.
-Information & Communication Technology Standards and Guidelines (2014)
issued by the Ministry of Health.
-National Adolescent Sexual and Reproductive Health Policy (2015).
-Zambia Consolidated Guidelines for Treatment and Prevention of HIV Infection (2022) issued by the Ministry of Health.
-Gender Equality Strategy and Action Plan for the Energy Sector (2022).
LGBT employment discrimination in Zambia is no protections.
Current status
No protections
There are no explicit legal protections from discrimination in employment provided to LGBTIQ+ people in Zambia.
LGBT housing discrimination in Zambia is no protections.
Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Zambia.
Same-sex adoption in Zambia is single only.
Current status
Single only
Zambia only allows married couples and single women to adopt children. As same-sex marriage is not recognised, this inhibits the ability for same-sex couples to adopt in Zambia.
Intersex infant surgery in Zambia is not banned.
Current status
Not banned
Surgery on intersex infants is legal in Zambia and reportedly practiced.
Serving openly in military in Zambia is illegal.
Blood donations by MSMs in Zambia is legal.
Current status
Legal
There are no known bans or legal restrictions on blood donations from men who have sex with men in Zambia in spite of the criminalisation of homosexuality.
Conversion therapy in Zambia is not banned.
Current status
Not banned
Conversion therapy is not banned in Zambia.
Equal age of consent in Zambia is n/a.
Current status
Since Oct 7, 2005
N/A
16 for heterosexual males/females. No established age of consent for homosexual males/females, but they can be charged with engaging in consensual activity starting at age 12.
LGBT Rights by Province
View the LGBT laws in each individual province of Zambia.
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#171
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