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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

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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.
Details
Sources:
database.ilga.org/api/downl…
web.archive.org/web/2019060…
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Nov 1, 1931–Oct 6, 2005
Male illegal, female legal
Until 2005, the 1931 Penal Code of Zambia only criminalised homosexuality between males.
Details
Sources:
www.parliament.gov.zm/sites…
web.archive.org/web/2019060…
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Same-sex marriage in Zambia

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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.
Details
Sources:
web.archive.org/web/2012090…
zambialii.org/akn/zm/act/20…
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Until Sep 11, 2007
Unrecognized
Until 2007, there was no explicit ban on same-sex marriage in Zambia. However, there was also no legal recognition provided to same-sex couples.

The 1918 Marriage Act did not define marriage but was based on English common law which only included a man and a woman.
Details
Sources:
web.archive.org/web/2012090…
zambialii.org/akn/zm/act/20…
www.parliament.gov.zm/sites…
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Censorship of LGBT issues in Zambia

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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".
Details
Sources:
web.archive.org/web/2016040…
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Right to change legal gender in Zambia

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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.
Details
Sources:
www.southernafricalitigatio…
epicproject.blog/key-popula…
www.state.gov/reports/2023-…
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Gender-affirming care in Zambia

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Gender-affirming care in Zambia is banned.

Current status
Banned
In Zambia, gender-affirming care is prohibited.
Details
Sources:
cdn.sida.se/app/uploads/202…
theotherfoundation.org/wp-c…
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Legal recognition of non-binary gender in Zambia

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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.
Details
Sources:
www.southernafricalitigatio…
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LGBT discrimination in Zambia

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LGBT discrimination in Zambia is no protections.

Current status
No protections
There are no protections from discrimination provided to LGBTIQ+ people in Zambia.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT employment discrimination in Zambia

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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.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT housing discrimination in Zambia

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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.
Details
Sources:
www.state.gov/reports/2023-…
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Same-sex adoption in Zambia

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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.
Details
Sources:
www.choicesadoption.ca/adop…
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Intersex infant surgery in Zambia

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Intersex infant surgery in Zambia is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Zambia and reportedly practiced.
Details
Sources:
www.state.gov/reports/2023-…
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Serving openly in military in Zambia

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Serving openly in military in Zambia is illegal.

Current status
Since Sep 18, 1964
Illegal
Article 69 of Zambia’s Defence Act of 1964 criminalises military personnel from committing “indecent practices”. In practice, this is largely implied to include homosexuality, thus banning LGBTIQ+ people from serving in the military.
Details
Sources:
zambialii.org/akn/zm/act/19…
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Blood donations by MSMs in Zambia

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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.
Details
Sources:
web.archive.org/web/2020092…
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Conversion therapy in Zambia

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Conversion therapy in Zambia is not banned.

Current status
Not banned
Conversion therapy is not banned in Zambia.
Details
Sources:
www.state.gov/reports/2023-…
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Equal age of consent in Zambia

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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.
Details
Sources:
Zambian Penal Code (Amendment) Act of 2003. www.parliament.gov.zm/downl…
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Nov 1, 1931–Oct 6, 2005
Female equal, male N/A
Until 2005, the 1931 Penal Code of Zambia only criminalised male homosexuality. There was no variance in the age of consent between lesbians and heterosexuals.
Details
Sources:
www.parliament.gov.zm/sites…
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LGBT Rights by Province

View the LGBT laws in each individual province of Zambia.

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